1246 Prime Construction Mill Creek Reclaimed Watera
AGREEMENT
THIS AGREEMENT, made this (2 I day of N ®vs +y 6 '/ , 2008, by and between the
City of Sanford, hereinafter called the Owner, and Prime Construction Group, Inc., doing business
as a(n) (individual, partnership, corporation), and hereinafter called the Contractor.
The Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
1.01 WORK
A. The Contractor will commence and complete the construction of the Mill Creek
Reclaimed Water Distribution Pump Station.
B. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the Mill Creek Reclaimed
Water Distribution Pump Station as described herein.
C. The Contractor shall complete all Work as specified or indicated in the Contract
Documents. The Project Work generally consists of, but is not limited to, the following
elements:
1. A prefabricated, "factory- built' pump station (including a pump /electrical room, air
compressor room and chemical feed room) to include aluminum frame skid, doors,
HVAC units, aluminum metal roofing system with roof hatches, FRP interior,
Stoneflake FRP exterior finish, lighting systems, five (5) vertical turbine "cans ", four
(4) "canned" vertical turbine pumps with variable frequency drives, suction header,
piping, valves, appurtenances, air release valves, solenoid valves, discharge
header, pump stools, flow meters, pressure relief valves, electrical, controls and
instrumentation systems, chemical feed systems, air -burst (purging) system,
windows -based SCADA system encompassing all of the pump /valve station
functions and RTU system for distribution of data to the Sanford North Water
Reclamation Facility, and all equipment, piping and appurtenances required for a
fully functional and operational system.
2. A submerged lake water intake screen (10 pm) and all associated equipment,
piping, and appurtenances.
3. A lake water supply control valve station and associated equipment, piping, and
appurtenances.
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4. Associated yard piping, miscellaneous sitework, signage, fencing, entrance /exit
gates, sodding, landscaping, irrigation system and miscellaneous
appurtenances /ancillaries.
5. Electrical, controls and instrumentation systems.
6. Windows -based SCADA system encompassing all operations and processes at the
reclaimed distribution pump station project site and conveying the data to the
Sanford North W RF.
D. It is further understood that the methods of accomplishing the work of this Project as
shown on the Contract Drawings are general in nature and not intended to be complete
or accurate in all details or respects with actual field conditions and the Contractor shall
make such adjustments or departures as required and as approved by the Engineer
and Owner to accomplish the intent. If the Contractor determines that departures are
necessary from the Contract Documents, he shall submit such departures and the
reasons therefore with shop drawings to the Engineer. Approved departures shall be
made at no additional cost to the Owner.
1.02 ENGINEER
A. The Project has been designed by CPH Engineers, Inc. whose address is 500 West
Fulton Street, Sanford, Florida, 32772 -2808, who is hereinafter called the Engineer, and
who will assume all duties and responsibilities and will have the rights and authority
assigned to the Engineer in the Contract Documents in connection with completion of
the Work in accordance with the Contract Documents.
B. Phone No.: (407) 322 -6841
C. FAX No.: (407) 330 -0639
1.03 CONTRACT TIME AND LIQUIDATED DAMAGES
A. The Contractor will commence the work required by the Project Manual /Contract
Documents within ten (10) calendar days after the date of the Notice to Proceed and
shall "substantially' complete the work within two hundred ten (210) consecutive
calendar days, or June 01 , 2009, and "finally" complete the work within two hundred
forty (240) consecutive calendar days, or July 01, 2009, unless the period for
completion is extended otherwise by the Contract Documents.
B. Liquidated Damages
1. It is expressly understood by both the Owner and Contractor that Time Is of the
Essence with respect to the Project and Agreement and that the Owner will suffer
financial loss if all of the Work is not substantially complete within the time frame
identified in Article 1.03(A) above, plus any extensions thereof allowed in
accordance with the General Conditions.
2. The Owner and Contractor also recognize the delays, expense and difficulties
involved in proving, in a legal arbitration proceeding, the actual loss suffered by the
Owner if the Work is not "substantially" complete `on- time ". Accordingly, instead
of requiring such proof, the Owner and Contractor agree that as liquidated damages
for delay (but not as a penalty), the Contractor shall pay the Owner the sum of One
Thousand Five Hundred Dollars ($1,500) for each calendar day that expires after
the time stipulated in Article 1.03(A) above for project "substantial" completion for
the various portions of the Project until the Work is substantially complete. The
amount represents an estimate of the Owner's damages for loss of use and
administrative costs associated with delay.
3. After Substantial Completion, if the Contractor shall neglect, refuse or fail to
complete the remaining Work within the time specified in Article 1.03(A) for "final"
completion and readiness for final payment or any proper extension thereof granted
by the Owner, the Contractor shall pay the Owner One Thousand Two Hundred
Fifty Dollars ($1,250) for each calendar day that expires after the time specified in
Article 1.03(A) for completion and readiness for final payment. This amount
represents Owner's damages for loss of use and administrative costs associated
with delay.
1.04 CONTRACT PRICE
A. The Owner will pay to the Contractor in the manner, and at such times as set forth in
the General Conditions, such amounts required by the Contract Documents.
B. The Contractor agrees to perform all of the Work described in the Contract Documents
for the construction of the Mill Creek Reclaimed Water Distribution Pump Station
and comply with the terms therein for a Total Base Bid Amount of Two Million Five
Hundred Twenty -Nine Thousand Dollars ( $2,529,000).
1.05 PAYMENT PROCEDURES
A. The Contractor shall submit Applications for Payment (AFP) in accordance with the
General Conditions, as amended by the Supplementary Conditions. Applications for
Payment will be processed by the Engineer as provided in the General Conditions. The
Contractor shall use the AFP Form found in Section 01030, "Applications for Payment ".
B. The Owner shall make progress payments on account of the Contract Price on the
basis of the Contractor's Applications for Payment as recommended by Engineer, on
monthly intervals during construction as provided below. All progress payments will be
on the basis of the progress of the Work.
C. Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but in each case, less the aggregate of payments
previously made and less such amounts as the Engineer shall determine, or the Owner
may withhold, in accordance with the General Conditions and as amended by the
Supplementary Conditions.
1. Ninety percent (90 %) of the value of Work completed, with a ten percent (10 %)
retainage until the Project Work is fifty percent (50 %) complete, at which time the
retainage will be reduced to five percent (5 %). The point at which Project Work is
fifty percent (50 %) complete shall be defined by the Engineer.
2. Ninety percent (90 %), with the balance being retainage of the value of materials and
equipment not incorporated in the Work, but delivered, suitably stored and
accompanied by documentation satisfactory to the Owner as provided in the
General Conditions and amended by the Supplementary Conditions. When the
Project work is fifty percent (50 %) complete, the retainage will be reduced to five
percent (5 %). The point at which Project Work is fifty percent (50 %) complete shall
be defined by the Engineer.
3. Upon Substantial Completion, the Owner may, at his option, increase total
payments to the Contractor to ninety seven and one -half percent (97.5 %) of the
Contract Price, with the balance being retainage, less such amounts as the
Engineer shall determine, or the Owner may withhold, in accordance with the
General Conditions and amended by the Supplementary Conditions.
D. Final Payment
1. Upon final completion and acceptance of the Work in accordance with the General
Conditions, and as amended by the Supplementary Conditions, the Owner shall pay
the remainder of the Contract Price as recommended by the Engineer as provided
in the General Conditions and amended in the Supplementary Conditions.
E. The Contractor shall certify at the time of each progress payment that the work covered
by the partial payment has been completed in accordance with the Contract Documents
and that all amounts have been paid by the Contractor for which previous certificates
or payment were issued and that all subcontractors and materialmen have been paid.
The Contractor shall consent tojoint checks with subcontractors and materialmen in the
event it fails to make timely payments when due or to submit affidavits or certificates
as requested herein.
F. No change orders, additions, modifications or deletions shall be allowed nor
compensable unless the Contractor has "prior" written approval from the Owner. Said
"prior" written approval must specify the nature of the change and any adjustment to the
time of completion and contract price.
1.06 CONTRACTOR'S REPRESENTATIONS
A. In order to induce the Owner to enter into this Agreement, the Contractor makes the
following representations:
1. The Contractor has examined and carefully studied the Contract Documents,
including the Addenda listed in Article 1.07, and the other related data identified in
the Bidding Documents including "technical data ".
2. The Contractor has visited the site and become familiar with and is satisfied as to
the general, local and site conditions, including surface and groundwater conditions,
that may affect cost, progress, performance or furnishing of the Work.
3. The Contractor is familiar with and is satisfied as to all federal, state and local laws
and regulations that may affect cost, progress, performance and furnishing of the
Work.
4. The Contractor has carefully studied all drawings, reports of explorations and tests
of subsurface conditions at or contiguous to the site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the site including underground facilities which have been identified in the
Supplementary Conditions. The Contractor acknowledges that such reports and
drawings are not Contract Documents and may not be complete for the Contractor's
purposes. The Contractor acknowledges that the Owner and Engineer do not
assume responsibility for the accuracy or completeness of information and data
shown or indicated in the Contract Documents with respect to underground facilities
at or contiguous to the site. The Contractor has obtained and carefully studied, or
assumes responsibility for having done so, all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning
conditions (surface, subsurface and underground facilities) at or contiguous to the
site or otherwise which may affect cost, progress, performance or furnishing of the
Work orwhich relate to any aspect of the means, methods, techniques, sequences
and procedures of construction to be employed by the Contractor and safety
precautions and programs incident thereto. The Contractor does not consider that
any additional examinations, investigations, explorations, tests, studies or data are
necessary for the performance and furnishing of the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and conditions of
the Contract Documents.
5. The Contractor is aware of the general nature of Work to be performed by the
Owner and others at the site that relates to the Work as indicated in the Contract
Documents.
6. The Contractor is specifically aware of the contractual terms relating to changes of
Contract Price and Time as described in Article 12 of the General Conditions as
supplemented and amended in the Supplementary Conditions.
7. The Contractor has correlated the information known to the Contractor, information
and observations obtained from visits to the site, reports and drawings identified in
the Contract Documents and all additional examinations, investigations,
explorations, tests, studies and data with the Contract Documents.
8. The Contractor has given the Engineer written notice of all conflicts, errors,
ambiguities or discrepancies that the Contractor has discovered in the Contract
Documents and the written resolution thereof by the Engineer is acceptable to the
Contractor, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and furnishing
of the Work.
1.07 CONTRACT DOCUMENTS
A. The Contract Documents which comprise the entire Agreement between the Owner
and the Contractor concerning the Work consist of the following:
1. This Agreement (pages 1 to 8, inclusive).
2. Public Construction Contract Bonds.
3. Certificates of Insurance.
4. General Conditions (pages 1 to 41, inclusive).
5. Supplementary Conditions (pages 1 to 48, inclusive).
6. Project Manual bearing the title "Mill Creek Reclaimed Water Distribution
Pump Station ", consisting of Volume Numbers I through II.
7. Contract Drawings consisting of a cover sheet and sheet numbers 1 through
E -08, inclusive, with each sheet bearing the following general title: "Mill Creek
Reclaimed Water Distribution Pump Station ".
8. Addenda numbers 1 to 3, inclusive.
9. The Contractor's Bid Proposal (pages 00410 -1 to 00410 -22, inclusive).
10. Documentation submitted by the Contractor prior to the Notice of Award.
11. Any modification, including Change Orders and Field Orders, duly delivered
after execution of the Agreement.
B. There are no Contract Documents other than those listed above in this Article 1.07.
The Contract Documents may only be amended, modified or supplemented as provided
in the General Conditions and amended by the Supplementary Conditions.
1.08 MISCELLANEOUS
A. Terms used in this Agreement which are defined in Article 1 of the Section 00700,
"General Conditions ", will have the meanings indicated in the General Conditions and
as amended in Section 00800, "Supplementary Conditions ".
B. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
except to the extent that the effect of this restriction may be limited by law, and unless
specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
C. The Owner and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
D. The Contractor agrees to indemnify and hold the Owner, Engineer and others, as
defined in the Section 00700, "General Conditions ", and as amended by Section 00800,
"Supplementary Conditions ", harmless from any and all claims, suits, actions, damages,
causes of action, or attorney's fees, arising from any personal injury, loss of life, or
damage to person or property sustained by reason of or as a result of the products or
services supplied in the performance of this Agreement.
E. The Contractor agrees to indemnify and hold the Owner, Engineer and others, as
defined in the Section 00700, "General Conditions ", and as amended by Section 00800,
"Supplementary Conditions ", harmless from any and all claims, suits, actions, damages,
causes of action, or attorney's fees, arising from any personal injury, loss of life, or
damage to person or property sustained by reason of, or as a result of the negligence,
recklessness, or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Agreement.
1.09 GOVERNING LAW
A. This Agreement shall be governed by the laws of the State of Florida. Both parties
agree that the Courts of the State of Florida shall have jurisdiction of any claim arising
in connection with this Agreement.
B. In the event of litigation arising out of this Agreement, the prevailing party shall be
entitled to the award of attorney's fees and costs at both the trial and appellate level.
The venue of any litigation, at law of equity shall lie exclusively in the place of the
Owner's choosing.
1.10 SIGNATORIES
IN WITNESS WHEREOF, the Owner and Contractor have executed, or caused to be
executed by their duly authorized officials, this Agreement in triplicate, each of which shall
be deemed an original on the date first above written.
This Agreement will be effective on /V00 44 / Z , 2008.
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City of Sanford, Florida
300 North Park Avenue
Sanford, FL 32771
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Authorized Signatur
Name (yped)
City Manager
Title
it
Date
(SEAL)
ro jW'' X
Name: Tan Dougherty
(Please Type)
Title: City Clerk
CONTRACTOR
Prime Con uction Group, Inc.
1000 Jet a Drive
Orlando FL 2824
Authorized Signat
Roy W. Smith, Jr.
Name (typed)
President
Title
Date
(SEAL)
Attest:
Thomas Perley
Name:
(Please Type)
Corporate Secretary
Title:
License No.:
CGCO37504 CUCO56650
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
9 T RAVELERS POWER OF ATTORNEY
Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney -In Fact No. 214825
Certificate No. 001670291
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that
the Companies do hereby make, constitute and appoint
Beverly W. Crews, Dale Waldorff, Pamela L. Jarman, Benjamin H. French, Paul Locascio, and Robin Williams
of the City of Mary Ecther , State of Florida , their true and lawful Attomey(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
Any and all consents required by the Department of Transportation, or the Orlando- Orange County Expressway Authority, State of Florida, incident to the
release of retained percentages and /or final estimates.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th
day of May 2007
Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
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State of Connecticut
City of Hartford ss.
By: 41-1A)
Georg Thompson, enior ice President
On this the 25th day of May 2007 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
OtA In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011.
58440 -8 -06 Printed in U.S.A.
Marie C. Tetreault, Notary Public
OF ATTORNEY IS INVALID
WARNING:
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Cr mpany,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety ompany of America, #nd United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of" Attorney iwxet uted by s &rnpanies, which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and Axed the seals of said Ogtripanies this day of 20
Kori M. Johans Assistant Secretary
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To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attomey -In -Fact number,
the above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
�ALDORFF
INSURANCE & BONDING
October 29, 2008
City of Sanford
300 N. Park Ave.
Sanford, FL 32771
RE: Prime Construction Group, Inc.
Bond No. 105159923
Project: Mill Creek Reclaimed Water Distribution Pump Station
To Whom It May Concern:
Please be advised that this letter will serve, as confirmation to date the performance bond,
payment bond and power of attorney on the above referenced project that our client, Prime
Construction Group, Inc., is going to perform. If there should be any questions or need for
further information please contact us.
Sincerely yours,
\�Qt r ..
Robin M. Williams
Attorney Tn -Fact
Travelers Casualty and Surety Company of America
RMW /rw
File: Prime Construction Group, Inc. — Surety
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MAIN OFFICE OChoice P. ruste 2114 NW 40TH TERRACE, SUITE C -2 (32605)
1881 W. HIGHWAY 98
P. O. Box 886 O. BOX 90027
MARY ESTHER, FL 32569 -0886 GAINESVILLE FL 32607 -0027
(850) 581 -4925 FAx (850) 581 -4930 (352) 374 -7779 FAx (352) 374 -8179
TOLL FREE: (800) 342 -7621 TOLL FREE: (888) 901 -3841
WWW. WALDORFFINSURANCE.COM
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PERFORMANCE AND PAYMENT BOND
(Public Work)
In compliance with F.S. Chapter 255.05(1)(a)
BOND NO.: 105159923
CONTRACTOR NAME:
Prime Construction Group, Inc.
CONTRACTOR ADDRESS:
P.O. Box 590507
Orlando, FL 32859
CONTRACTOR PHONE NO.:
407 -856 -8180
SURETY COMPANY:
Travelers Casualty and Surety Company of America
7870 Woodland Center Blvd.
Tampa, FL 33614
813 - 890 -7779
SURETY AGENT:
Robin M. Williams
352- 374 -7779
OWNER NAME:
City of Sanford
OWNER ADDRESS:
300 N. Park Ave.
Sanford, FL 32771
OWNER PHONE NO.:
407 - 302 -1025
OBLIGEE NAME:(Ifcontracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT:
$2,781,900.00
CONTRACT NO.:(If applicable)
DESCRIPTION OF WORK:
Mill Creek Reclaimed Water Distribution Pump Station
PROJECT ADDRESS:
LEGAL DESCRIPTION:
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre - printed thereon
Bond No. 105159923
PERFORMANCE BOND FORM
KNOW ALL MEN BY THESE PRESENTS: That we (1) Prime Construction Group, Inc., a (2)
Corporation organized under the laws of the State of Florida and
regularly authorized to do business in the State of Florida as Principal, and we (3)
Travelers Casualty and Surety Company of America a (2) Corporation organized
under the laws of the State of Connecticut and regularly authorized to do business in the
State of Florida as Surety, are held and firmly bound unto the City of Sanford, Florida, hereinafter
called the Owner in accordance with a Contract hereinafter referred to, in the full and just sum of
(4) Two Million Seven Hundred Eighty One Thousand Nine Hundred Dollars
($ 2,781,900.00 ) in lawful money of the United States, for the payment of
which sum well and truly to be made unto the said Owner, we bind ourselves, our heirs, executors,
administrators, successors and assignees, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the said Principal has entered
into a written Contract with the Owner dated - AfcV l-- , 2008 for the work designated
as the MILL CREEK RECLAIMED WATER DISTRIBUTION PUMP STATION located in
Sanford, Florida in conformity with Contract Documents hereby referred to and made a part hereof,
the same to all intents and purposes as if written at length herein, in which Contract the said
Principal has contracted to perform the work specified in said Contract in accordance with the
terms thereof;
This Performance Bond is being entered into to satisfy the requirements of Section 255.05, Florida
Statutes and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements to
the same extent as Contractor is bound.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall:
1. Promptly and faithfully performs it duties with respect to the Contract on his (its) part, and
satisfy all covenants, terms, conditions and agreements incurred by the Principal in the
performance of said Agreement Contract, during the original term thereof, and any
extensions thereof which may be granted by the Owner, with or without notice to the Surety,
and shall satisfy all claims and demands arising thereunder; and
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(1) Surety
(2) Sole Proprietor, Partnership, or Corporation
(3) 110 percent of the Contract
2. Satisfy all claims and demands incurred under this Agreement, and fully indemnify and hold
harmless the Owner and Engineer from all costs and damages that they might suffer by
reason of the failure of the Principal to do so; and
3. Fully reimburse and repay to the Owner all costs, losses, damages (liquidated or actual),
expenses, costs and attorney's feeds, including costs and attorney's fees on appeal that
the Owner sustains resulting directly or indirectly from any breach or default by the
Principal, including any default based upon failure of the Principal, to fulfill his obligation to
furnish maintenance, repairs, or replacements for any period of time after the work is
completed, if provided for in said Contract, then this bond /obligation shall be null and void,
otherwise it shall remain in full force and effect.
IN ADDITION, the Principal and Surety, jointly and severally, expressly guarantee that all materials
furnished and workmanship performed under the Contract and in the construction of the work shall
fulfill all requirements of the Contract and the Contract Documents with respect to them. This bond
shall remain in effect for a period of two (2) years from the date of Final Project Acceptance by the
Owner.
IT IS HEREBY STIPULATED AND AGREED that any suit based upon any default of the Principal
in fulfilling his obligations to furnish maintenance, repairs, or replacements for any period of time
after the Work is completed, if provided for in the Contract, may be brought at any time up to six
(6) months after the expiration of the time specified in the Contract during which the Contractor
has agreed to furnish such maintenance or make such repairs or replacements.
THE SAID SURETY, for value received, hereby stipulates and agrees that its obligations hereunder
shall be direct and immediate and not conditional or contingent upon the Owner's pursuit of its
remedies against the Principal, shall remain in full force and effect notwithstanding:
1. Amendments or modifications to the Agreement entered into by Owner and Principal
without the Surety's knowledge or consent;
2. Waivers of compliance with or any default under the Agreement granted by Owner to
Principal without the Surety's knowledge or consent; or
3. The discharge of Principal from its obligations under the Agreement as a result of any
proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended,
or any similar state or federal law, or any limitation of the liability or Principal or its estate
as a result of any such proceeding.
THE SAID SURETY, for the value received, hereby stipulates and agrees that any changes in or
under the Agreement and Contract Documents and compliance or noncompliance with any
formalities connected with the Agreement or the changes therein shall not affect Surety's
obligations under this Bond and Surety hereby waives notice of any such changes, extension of
time, alteration or addition to the terms of the Contract or to the Work or to the Contract
Documents. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase
or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
THE COVERAGE OF THIS PERFORMANCE BOND is "co- equal" with each and every obligation
of the Principal under the above referenced Agreement and the Contract Documents of which the
Agreement is a part.
IN THE EVENT that the Principal shall fail to perform any of the terms, covenants and conditions
of the Agreement and the Contract Documents of which the Agreement is a part during the period
in which this Performance Bond is in effect, the Surety shall remain liable to the Owner for all such
loss or damage.
IN THE EVENT that the Surety fails to fulfill its obligations under this Performance Bond, then the
Surety shall also indemnify and hold the Owner harmless from any and all loss, damage, cost and
expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings,
resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This
subsection shall survive the termination or cancellation of this Performance Bond.
THE SURETY STIPULATES and agrees that its obligation is to perform the Principal's work under
the Agreement under the Bond. The following shall not be considered performance under the
Bond:
1. Surety's financing of the Principal to keep Principal from defaulting under the Contract
Documents,
2. Surety's offers to Owner to buy back the Bond, and
3. Surety's election to do nothing under the Bond shall be construed as a material breach of
the Bond and bad faith by the Surety.
The Surety agrees that its obligation under the bond is to:
Take over performance of the Principal's Work and be the completing Surety even if
performance of the Principal's Work exceeds the Principal's Contract Price or
2. Re-bid and re -let the Principal's Work to a completing contractor with the Surety remaining
liable for the completing the Contractor's performance of the Principal's Work and
furnishing adequate funds to complete the Work.
The Surety acknowledges that its cost of completion, upon default by the Principal, may exceed
the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived by Owner.
THE PERFORMANCE BOND and the PAYMENT BOND and the covered amounts of each are
separate and distinct from each other.
THIS BOND is intended to comply with the requirements of Section 255.05, Florida Statutes, as
amended, and additionally, to provide common law rights more expansive than as required by
statute. The Surety agrees that this Bond shall be construed as a common law bond.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in several counterparts, each one of which
shall be deemed an original, this the f - 1*'e day of N'c v'-' , 2008.
ATTEST:
(Principal) Secretary
Thomas Perlev
Typed Name
(CORPORATE SEAL)
(Witne to Principal)
Cheryl Reimann
Typed Name
Prime Construction
Principal (Cont[a
By (Signature)
Roy W. Smith, Jr., President
Typed Name and Title
1000 Jetstream Dr.
Address
Orlando, FL 32824
City, State, Zip
407 - 856 -8180 407 - 856 -8182
Telephone No. FAX No.
ATTEST:
BY W a a(k) ac-Lb'
( Suret )jSecretary
Travelers Casualty and Surety Company of Ameri
Surety
Magen Baker
Typed Name
813 -890 -4157
813- 890 -4085
Telephone No.
FAX No.
(CORPORATE SEAL)
ftu /fi
Witness a to Surety
Magen Baker
Typed ame
Witness as to Surety
Sheree Lewis
Typed Name
By i
Attorney -in -Fact & FL Resident Agent
Robin M. Williams
Typed Name
P.O. Box 90027
Address
Gainesville, FL 32607
City, State, Zip
Telephone No. FAX No.
352 - 374 -7779 352 - 374 -8179
NOTE: The date of the Bond must not be prior to date of the Agreement. If the Contractor
is a joint venture, all venturers shall execute the Bond. If the Contractor is
partnership, all partners shall execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business
in the State of Florida, unless otherwise specifically approved in writing by Owner.
ATTACH: A certified copy of the Power -of- Attorney appointing individual Attorney -in -Fact for
execution of the Performance Bond on behalf of Surety.
Bond No. 105159923
LABOR AND MATERIALS PAYMENT BOND FORM
KNOW ALL MEN BY THESE PRESENTS: That we, Prime Construction Group, Inc., a (2)
corporation organized under the laws of the State of Florida and regularly
authorized to do business in the State of Florida as Principal, and we (3) Travelers casualty and
Surety Company of America a (2) Corporation organized under the laws of the State of
Connecticut and regularly authorized to do business in the State of Florida as Surety, are
held and firmly bound unto the City of Sanford, Florida hereinafter called the Owner in accordance
with a Contract hereinafter referred to, in the full and just sum of (4) Two Million Seven Hundred
Eighty One Thousand N ine hundred
$2,781,900.00
Dollars ($
in lawful money of the United States, for the payment of
which sum well and truly to be made unto the said Owner, we bind ourselves, our heirs, executors,
administrators, successors and assignees, jointly and severally, firmly by these presents.
WHEREAS, the said Principal has entered into a written contract with the Owner dated
A10 "BAA l Z , 2008, for work designated as the MILL CREEK RECLAIMED WATER
DISTRIBUTION PUMP STATION located in Sanford, Florida in conformity with Contract
Documents hereby referred to and made a part hereof, the same to all intents and purposes as if
written at length herein, in which Contract the said Principal has contracted to perform the work
specified in said Contract in accordance with the terms thereof;
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly and
faithfully satisfy all claims and demands incurred by the Principal of said Contract, and shall pay
all obligations arising thereunder, and shall fully indemnify and save harmless the Owner from all
cost and damage which the Owner might suffer by reason of the failure of the Principal to do so,
and shall fully reimburse and repay to the Owner all costs, damages, and expenses which the
Owner may incur in making good any default by the Principal, and shall promptly make payment
to all persons or claimants, as defined in Section 255.05(1), Florida Statutes, supplying labor,
equipment or materials for use in the prosecution of work, whether by subcontractor or otherwise,
and including all insurance premiums on said work as provided for in such Contract, and shall
perform the guarantee of all materials furnished under the Contract for the time specified in the
Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect
subject, however, to the following conditions:
(1) Contractor
(2) Sole Proprietor, Partnership or Corporation
(3) Surety
(4) 110 percent of the Contract
1. Therefore, a claimant, except a laborer, who is not in privity with the Contractor and who
has not received payment for his labor, materials or supplies shall, within forty -five (45)
days after beginning to furnish labor, materials or supplies for the prosecution of the Work,
furnish the Contractor with a notice that he intends to look to the Bond for protection. A
claimant who is not in privity with the Contractor and who has not received payment for his
labor, materials or supplies shall within ninety (90) days after performance of the labor or
completion of delivery of the materials or supplies, or, with respect to rental equipment,
within ninety (90) days after the date that the rental equipment was last on the job site
available for use, deliver to the Contractor and to the Surety written notice of the
performance of the labor or delivery of the materials or supplies and of the nonpayment.
No action for the labor, materials or supplies may be instituted against the Contractor or the
Surety on the Bond after one (1) year from the performance of the labor or completion of
the delivery of the materials or supplies.
2. The Said Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and not conditional or contingent upon the
Owner's pursuit of its remedies against the Principal, shall remain in full force and effect
notwithstanding:
a. Amendments or modifications to the Agreement entered into by Owner and Principal
without the Surety's knowledge or consent;
b. Waivers of compliance with or any default under the Agreement granted by Owner to
Principal without the Surety's knowledge or consent; or
c. The discharge of Principal from its obligations under the Agreement as a result of any
proceeding initiated under the Bankruptcy Code of 1978, as the same may be
amended, or any similar state or federal law, or any limitation of the liability or Principal
or its estate as a result of any such proceeding.
THE SAID SURETY, for the value received, hereby stipulates and agrees that any changes in or
under the Agreement and Contract Documents and compliance or noncompliance with any
formalities connected with the Agreement or the changes therein shall not affect Surety's
obligations under this Bond and Surety hereby waives notice of any such changes, extension of
time, alteration or addition to the terms of the Contract or to the Work or to the Contract
Documents. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase
or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
THE OWNER may sue on this Bond, and any person furnishing material or performing labor, either
as an individual or as a Subcontractor, shall have the right to sue on this Bond in the name of the
Owner for his use and benefit.
THE PERFORMANCE BOND and the PAYMENT BOND and the covered amounts of each are
separate and distinct from each other.
IN ADDITION, the Principal and Surety, jointly and severally, expressly guarantee that the Owner
will be held harmless from any liens, claims, demands or obligations in conjunction with materials
or services provided with respect to this Contract. This Bond shall remain in effect for a period of
two (2) years from the date of Final Project Acceptance by the Owner.
THE SURETY shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as Contractor is bound.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in several counterparts, each one of which
shall be deemed an original, this the VZ rn day of Arv%'L+'r841 2008.
ATTEST:
c�
(Principal) Secretary
Thomas Perley
Typed Name
(CORPORATE SEAL)
t
C&ut =
Witnesd to PrIncipal
Cheryl Reimann
Typed Name
Witness to Principal
Jack Leider
Prime Construction Phu , Inc.
(Principal)
By (Sign
/ r —
Roy W. mith, Jr., President
Typed Name and Title
1000 Jetstream Drive
Address
Orlando, Florida 32824
City, State, Zip
Typed Name
ATTEST:
By I Ift JB AmA
(Sure j) Secretary
Travelers Casualty and Surety Company of A merica
Surety
Magen Baker
Typed Name
813 -890 -4157 813- 890 -4085
Telephone No. FAX No.
(CORPORATE SEAL)
q%� aafp�:)
Witness as o Surety
i t"R kt
Attorney a Attoeney & FL Resident Agent
Magen Baker
Typed Name
J 1� JLLL
�v - ,
Witness as to Surety
Sheree Lewis
Typed Name
Robin M, Williams
Typed Name
P.O. Box 90027
Address
Gainesville, FL 32607
City, State, Zip
352 - 374 -7779 352 - 374 -8179
Telephone No. FAX No.
NOTE: The date of the Bond must not be prior to date of the Agreement. If the Contractor
is a joint venture, all venturers shall execute the Bond. If the Contractor is
partnership, all partners shall execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business
in the State of Florida, unless otherwise specifically approved in writing by Owner.
ATTACH: A certified copy of the Power -of- Attorney appointing individual Attorney -in -Fact for
execution of the Payment Bond on behalf of Surety.
AGREEMENT
THIS AGREEMENT, made this Vi of /VOV "M41k , 2008, by and between the
City of Sanford, hereinafter called the Owner, and Prime Construction Group, Inc., doing business
as a(n) (individual, partnership, corporation), and hereinafter called the Contractor.
The Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
`Kiln MELT Ye7:31
A. The Contractor will commence and complete the construction of the Mill Creek
Reclaimed Water Distribution Pump Station.
B. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the Mill Creek Reclaimed
Water Distribution Pump Station as described herein.
C. The Contractor shall complete all Work as specified or indicated in the Contract
Documents. The Project Work generally consists of, but is not limited to, the following
elements:
A prefabricated, "factory- built" pump station (including a pump /electrical room, air
compressor room and chemical feed room) to include aluminum frame skid, doors,
HVAC units, aluminum metal roofing system with roof hatches, FRP interior,
Stoneflake FRP exterior finish, lighting systems, five (5) vertical turbine "cans ", four
(4) "canned" vertical turbine pumps with variable frequency drives, suction header,
piping, valves, appurtenances, air release valves, solenoid valves, discharge
header, pump stools, flow meters, pressure relief valves, electrical, controls and
instrumentation systems, chemical feed systems, air -burst (purging) system,
windows -based SCADA system encompassing all of the pump /valve station
functions and RTU system for distribution of data to the Sanford North Water
Reclamation Facility, and all equipment, piping and appurtenances required for a
fully functional and operational system.
2. A submerged lake water intake screen (10 pm) and all associated equipment,
piping, and appurtenances.
3. A lake water supply control valve station and associated equipment, piping, and
appurtenances.
4. Associated yard piping, miscellaneous sitework, signage, fencing, entrance /exit
gates, sodding, landscaping, irrigation system and miscellaneous
appurtenances /ancillaries.
5. Electrical, controls and instrumentation systems.
6. Windows -based SCADA system encompassing all operations and processes at the
reclaimed distribution pump station project site and conveying the data to the
Sanford North WRF.
D. It is further understood that the methods of accomplishing the work of this Project as
shown on the Contract Drawings are general in nature and not intended to be complete
or accurate in all details or respects with actual field conditions and the Contractor shall
make such adjustments or departures as required and as approved by the Engineer
and Owner to accomplish the intent. If the Contractor determines that departures are
necessary from the Contract Documents, he shall submit such departures and the
reasons therefore with shop drawings to the Engineer. Approved departures shall be
made at no additional cost to the Owner.
1.02 ENGINEER
A. The Project has been designed by CPH Engineers, Inc. whose address is 500 West
Fulton Street, Sanford, Florida, 32772 -2808, who is hereinafter called the Engineer, and
who will assume all duties and responsibilities and will have the rights and authority
assigned to the Engineer in the Contract Documents in connection with completion of
the Work in accordance with the Contract Documents.
B. Phone No.: (407) 322 -6841
C. FAX No.: (407) 330 -0639
1.03 CONTRACT TIME AND LIQUIDATED DAMAGES
A. The Contractor will commence the work required by the Project Manual /Contract
Documents within ten (10) calendar days after the date of the Notice to Proceed and
shall "substantially" complete the work within two hundred ten (210) consecutive
calendar days, or June 01 , 2009, and "finally" complete the work within two hundred
forty (240) consecutive calendar days, or July 01, 2009, unless the period for
completion is extended otherwise by the Contract Documents.
B. Liquidated Damages
1. It is expressly understood by both the Owner and Contractor that Time Is of the
Essence with respect to the Project and Agreement and that the Owner will suffer
financial loss if all of the Work is not substantially complete within the time frame
identified in Article 1.03(A) above, plus any extensions thereof allowed in
accordance with the General Conditions.
2. The Owner and Contractor also recognize the delays, expense and difficulties
involved in proving, in a legal arbitration proceeding, the actual loss suffered by the
Owner if the Work is not "substantially" complete `on- time ". Accordingly, instead
of requiring such proof, the Owner and Contractor agree that as liquidated damages
for delay (but not as a penalty), the Contractor shall pay the Owner the sum of One
Thousand Five Hundred Dollars ($1,500) for each calendar day that expires after
the time stipulated in Article 1.03(A) above for project "substantial" completion for
the various portions of the Project until the Work is substantially complete. The
amount represents an estimate of the Owner's damages for loss of use and
administrative costs associated with delay.
3. After Substantial Completion, if the Contractor shall neglect, refuse or fail to
complete the remaining Work within the time specified in Article 1.03(A) for "final"
completion and readiness for final payment or any proper extension thereof granted
by the Owner, the Contractor shall pay the Owner One Thousand Two Hundred
Fifty Dollars ($1,250) for each calendar day that expires after the time specified in
Article 1.03(A) for completion and readiness for final payment. This amount
represents Owner's damages for loss of use and administrative costs associated
with delay.
1.04 CONTRACT PRICE
A. The Owner will pay to the Contractor in the manner, and at such times as set forth in
the General Conditions, such amounts required by the Contract Documents.
B. The Contractor agrees to perform all of the Work described in the Contract Documents
for the construction of the Mill Creek Reclaimed Water Distribution Pump Station
and comply with the terms therein for a Total Base Bid Amount of Two Million Five
Hundred Twenty -Nine Thousand Dollars ( $2,529,000).
1.05 PAYMENT PROCEDURES
A. The Contractor shall submit Applications for Payment (AFP) in accordance with the
General Conditions, as amended by the Supplementary Conditions. Applications for
Payment will be processed by the Engineer as provided in the General Conditions. The
Contractor shall use the AFP Form found in Section 01030, "Applications for Payment ".
B. The Owner shall make progress payments on account of the Contract Price on the
basis of the Contractor's Applications for Payment as recommended by Engineer, on
monthly intervals during construction as provided below. All progress payments will be
on the basis of the progress of the Work.
C. Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but in each case, less the aggregate of payments
previously made and less such amounts as the Engineer shall determine, or the Owner
may withhold, in accordance with the General Conditions and as amended by the
Supplementary Conditions.
1. Ninety percent (90 %) of the value of Work completed, with a ten percent (10 %)
retainage until the Project Work is fifty percent (50 %) complete, at which time the
retainage will be reduced to five percent (5 %). The point at which Project Work is
fifty percent (50 %) complete shall be defined by the Engineer.
2. Ninety percent (90 %), with the balance being retainage of the value of materials and
equipment not incorporated in the Work, but delivered, suitably stored and
accompanied by documentation satisfactory to the Owner as provided in the
General Conditions and amended by the Supplementary Conditions. When the
Project work is fifty percent (50 %) complete, the retainage will be reduced to five
percent (5 %). The point at which Project Work is fifty percent (50 %) complete shall
be defined by the Engineer.
3. Upon Substantial Completion, the Owner may, at his option, increase total
payments to the Contractor to ninety seven and one -half percent (97.5 %) of the
Contract Price, with the balance being retainage, less such amounts as the
Engineer shall determine, or the Owner may withhold, in accordance with the
General Conditions and amended by the Supplementary Conditions.
D. Final Payment
1. Upon final completion and acceptance of the Work in accordance with the General
Conditions, and as amended by the Supplementary Conditions, the Owner shall pay
the remainder of the Contract Price as recommended by the Engineer as provided
in the General Conditions and amended in the Supplementary Conditions.
E. The Contractor shall certify at the time of each progress payment that the work covered
by the partial payment has been completed in accordance with the Contract Documents
and that all amounts have been paid by the Contractor for which previous certificates
or payment were issued and that all subcontractors and materialmen have been paid.
The Contractor shall consent tojoint checks with subcontractors and materialmen in the
event it fails to make timely payments when due or to submit affidavits or certificates
as requested herein.
F. No change orders, additions, modifications or deletions shall be allowed nor
compensable unless the Contractor has "prior" written approval from the Owner. Said
"prior" written approval must specify the nature of the change and any adjustment to the
time of completion and contract price.
1.06 CONTRACTOR'S REPRESENTATIONS
A. In order to induce the Owner to enter into this Agreement, the Contractor makes the
following representations:
1. The Contractor has examined and carefully studied the Contract Documents,
including the Addenda listed in Article 1.07, and the other related data identified in
the Bidding Documents including "technical data ".
2. The Contractor has visited the site and become familiar with and is satisfied as to
the general, local and site conditions, including surface and groundwater conditions,
that may affect cost, progress, performance or furnishing of the Work.
3. The Contractor is familiar with and is satisfied as to all federal, state and local laws
and regulations that may affect cost, progress, performance and furnishing of the
Work.
4. The Contractor has carefully studied all drawings, reports of explorations and tests
of subsurface conditions at or contiguous to the site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the site including underground facilities which have been identified in the
Supplementary Conditions. The Contractor acknowledges that such reports and
drawings are not Contract Documents and may not be complete for the Contractor's
purposes. The Contractor acknowledges that the Owner and Engineer do not
assume responsibility for the accuracy or completeness of information and data
shown or indicated in the Contract Documents with respect to underground facilities
at or contiguous to the site. The Contractor has obtained and carefully studied, or
assumes responsibility for having done so, all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning
conditions (surface, subsurface and underground facilities) at or contiguous to the
site or otherwise which may affect cost, progress, performance or furnishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences
and procedures of construction to be employed by the Contractor and safety
precautions and programs incident thereto. The Contractor does not consider that
any additional examinations, investigations, explorations, tests, studies or data are
necessary for the performance and furnishing of the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and conditions of
the Contract Documents.
5. The Contractor is aware of the general nature of Work to be performed by the
Owner and others at the site that relates to the Work as indicated in the Contract
Documents.
6. The Contractor is specifically aware of the contractual terms relating to changes of
Contract Price and Time as described in Article 12 of the General Conditions as
supplemented and amended in the Supplementary Conditions.
7. The Contractor has correlated the information known to the Contractor, information
and observations obtained from visits to the site, reports and drawings identified in
the Contract Documents and all additional examinations, investigations,
explorations, tests, studies and data with the Contract Documents.
8. The Contractor has given the Engineer written notice of all conflicts, errors,
ambiguities or discrepancies that the Contractor has discovered in the Contract
Documents and the written resolution thereof by the Engineer is acceptable to the
Contractor, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and furnishing
of the Work.
1.07 CONTRACT DOCUMENTS
A. The Contract Documents which comprise the entire Agreement between the Owner
and the Contractor concerning the Work consist of the following:
1. This Agreement (pages 1 to 8, inclusive).
2. Public Construction Contract Bonds.
3. Certificates of Insurance.
4. General Conditions (pages 1 to 41, inclusive).
5. Supplementary Conditions (pages 1 to 48, inclusive).
6. Project Manual bearing the title "Mill Creek Reclaimed Water Distribution
Pump Station ", consisting of Volume Numbers I through II.
7. Contract Drawings consisting of a cover sheet and sheet numbers 1 through
E -08, inclusive, with each sheet bearing the following general title: "Mill Creek
Reclaimed Water Distribution Pump Station ".
8. Addenda numbers 1 to 3, inclusive.
9. The Contractor's Bid Proposal (pages 00410 -1 to 00410 -22, inclusive).
10. Documentation submitted by the Contractor prior to the Notice of Award.
11. Any modification, including Change Orders and Field Orders, duly delivered
after execution of the Agreement.
B. There are no Contract Documents other than those listed above in this Article 1.07.
The Contract Documents may only be amended, modified or supplemented as provided
in the General Conditions and amended by the Supplementary Conditions.
1.08 MISCELLANEOUS
A. Terms used in this Agreement which are defined in Article 1 of the Section 00700,
"General Conditions ", will have the meanings indicated in the General Conditions and
as amended in Section 00800, "Supplementary Conditions ".
B. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
except to the extent that the effect of this restriction may be limited by law, and unless
specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
C. The Owner and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
D. The Contractor agrees to indemnify and hold the Owner, Engineer and others, as
defined in the Section 00700, "General Conditions ", and as amended by Section 00800,
"Supplementary Conditions ", harmless from any and all claims, suits, actions, damages,
causes of action, or attorney's fees, arising from any personal injury, loss of life, or
damage to person or property sustained by reason of or as a result of the products or
services supplied in the performance of this Agreement.
E. The Contractor agrees to indemnify and hold the Owner, Engineer and others, as
defined in the Section 00700, "General Conditions ", and as amended by Section 00800,
"Supplementary Conditions ", harmlessfrom anyand all claims, suits, actions, damages,
causes of action, or attorney's fees, arising from any personal injury, loss of life, or
damage to person or property sustained by reason of, or as a result of the negligence,
recklessness, or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Agreement.
1.09 GOVERNING LAW
A. This Agreement shall be governed by the laws of the State of Florida. Both parties
agree that the Courts of the State of Florida shall have jurisdiction of any claim arising
in connection with this Agreement.
B. In the event of litigation arising out of this Agreement, the prevailing party shall be
entitled to the award of attorney's fees and costs at both the trial and appellate level.
The venue of any litigation, at law of equity shall lie exclusively in the place of the
Owner's choosing.
0
1.10 SIGNATORIES
IN WITNESS WHEREOF, the Owner and Contractor have executed, or caused to be
executed by their duly authorized officials, this Agreement in triplicate, each of which shall
be deemed an original on the date first above written.
This Agreement will be effective on / 2 , 2008.
OWNER
City of Sanford, Florida
300 North Park Avenue
Sanford, FL 32771
Authorized Signatur
Name ( yped
City Manager
Title
it J
Date 1
(SEAL)
A t t e s t: a - kopi 4
Name: Tan Dougherty
(Please Type)
Title: City Clerk
CONTRACTOR
Prime Con
1000 Jet
Orlando FL
Authorized Sig
Roy W. Smith, Jr.
Name (typed)
ction Group, Inc.
Drive
824
President
Title
//- '�-. C) e
Date
(SEAL)
Attest:
Thomas Perley
Name:
(Please Type)
Title:
Corporate Secretary
License No.:
CGCO37504 CUCO56650