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2231 IFB 19/20-44 Sunland Estates LS Replacement❑ Development Order F-1 Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond Z Safe keeping (Vault) ❑ Ordinance E] Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department F-1 Return copies E-1 Special Instructions: Agreement and Bonds U+� r3ojaqbzi4ev- From SharePoint—Finance—Purchasing_Forms - 2018.doc 6/18/2020 Date AGREEMENT PART 1 GENERAL h 1.01 THIS AGREEMENT, made and entered into the day of V2N @0 by and between the City of Sanford Florida 300 North Park Avenue, Sanford, Florida 32771, a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as "OWNER") and Prime Construction Group, Inc. , whose principal and local address is 1000 Jetstream Dr. Orlando Florida 32824 , hereinafter referred to as to as the "CONTRACTOR". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement, and all documents which are fully a part of the Contract with the City are identified by title and number as set forth below and are available for review at and downloading from the City's Web site (site in full) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract Documents include: 1. Executed, Section 00520 - Agreement Form. 2. The Project Manual. Note the Index (starting on page number 00010-1 of the Project Manual) includes all instructions, terms, general and supplemental conditions, bid documents, plans, prints and specifications pertaining to the Project. 3. Addenda Applicable to the Bid 4. Contractor's Bid, 00410. 5. Performance Bond, 00605. 6. Payment Bond, 00610 7. Material and Workmanship Bond, 00615. 8. Trench Safety (Executed Form), 00430 9. Non Collusion Affidavit, 00432 10. Conflict of Interest Affidavit, 00434 11. Public Entities Crime Affidavit, 00436 12. Compliance With the Public Records Law Affidavit, 00438 13. Bidder Information and Affidavit, 00440 14. Certification Of Non -Segregated Facilities (Executed Form), 00450 15. Disputes Disclosure (Executed Form), 00452 16. Drug Free Workplace (Executed Form), 00454 Sunland Estates LS Replacement IFB 19/20-44 Page 1 of 20 AGREEMENT Rev. Per Add. No. 1 12119/19 17. Certification Regarding Non -Scrutinized Companies (Not Required if Bid is less than $1,000,000), 00455 18. Unauthorized (Illegal) Alien Workers Affidavit, 00456 19. E -Verify Compliance Affidavit, 00458 20. Americans With Disabilities Act Affidavit, 00460 21. Financial Information (Executed Form) (If Required by City), 00462 22. Insurance Certificate(s) 23. Notice of Award, 00510 24. Criminal Background Check Requirements (If Required for Project by City), 00525 25. Notice to Proceed, 00530. 26. Consent of Surety to Final Payment (Executed Form), 00617. 27. Contractor's Application for Payment (Executed Forms), 00625. 28. Certificate of Substantial Completion, 00626. 29. Certificate of Final Completion, 00627. 30. Contractor's Partial Release of Lien (Executed Forms), 00640. 31. Subcontractor's Final Release of Lien (Executed Form), 00641. 32. Subcontractor's Partial Release of Lien (Executed Forms), 00644. 33. Contractor's Release of Lien (Executed Form), 00645. 34. Project Field Order (Executed Form), 00940. 35. Work Directive Change (Executed Form), 00945. 36. Change Order (Executed), 00950. 37. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1 through 1.02.A.36, but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as a part of the Contract. These documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. As the documents indicated above are executed, the date of final execution and initials of the individual who received the executed document(s) is to be added to the blank next to the listed document(s) when processed and made a part of the City's official set of Contract Documents. B. Scope of Work The Contractor shall perform all Work required by the Contract Documents for the construction of the Sunland Estates Lift Station Replacement (IFB 19/20-44). C. Contract Time The Contractor shall begin Work after the issuance of a written Notice to Proceed from Owner and shall substantially complete the Work within the Contract Time identified in Paragraphs 1.02.C.5 of the Bid Form, which is 270 calendar days. The Work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 60 calendar days from the actual date of substantial completion. Sunland Estates LS Replacement IFB 19/20-44 Page 2 of 20 AGREEMENT Rev. Per Add. No.1 12/19119 D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER 1000 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the Work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one-fourth ('/4) of the rate set forth above. E. Contract Price Unit Price Contract The Owner will pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order and subject to the Measurement and Payment Provisions, and subject to actual constructed quantities; the Total Contract Price of Seven hundred forty-four thousand and 00/100 Dollars ($744.000.00). Payments will be made to the Contractor on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. F. City of Sanford Tax Recovery The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end, the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments Sunland Estates LS Replacement IFB 19/20-44 Page 3 of 20 AGREEMENT Rev. Per Add. No.1 12/19/19 previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this Project is 10%, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. I. Engineer The Project has been designed by CPH, Inc., referred to in the documents as the Engineer. Additional Terms and Conditions The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and/or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals/bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 3. The CONTRACTOR acknowledges that the CITY may retain other goods and/or service providers to provide the same goods and/or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and/or service providers for CITY projects. The CITY reserves the right to select which goods and/or services provider shall provide goods and/or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods/services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he/she/they is/are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 9970, from time to time amended and in force on the date hereof. Sunland Estates LS Replacement IFB 19/20-44 Page 4 of 20 AGREEMENT Rev. Per Add. No.1 12/19/19 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and/or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 9. No claim for goods and/or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and/or services to be provided and/or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and/or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or Work sites, to wear identification badges at all times which, at a minimum, provides the name of the employee and the CONTRACTOR. Sunland Estates LS Replacement IFB 19/20-44 Page 6 of 20 AGREEMENT Rev. Per Add. No.1 12119/19 C. The CITY reserves the right to require the CONTRACTOR to provide to the CITY a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty-eight (48) hours of the CITY's written request for such information. This information will be reviewed, screened and verified by the CITY, prior to the employees of the CONTRACTOR entering the CITY's premises and/or work sites. The CONTRACTOR shall comply with Section 00525 concerning criminal background check requirements of the employees of the Contractor and Subcontractors. e. In the event employees of the Contractor and Subcontractor do not qualify to Work on the Project due to A) Failure to have the required criminal background check reports submitted to the City by the FDLE; or B) Unsatisfactory background check reports on employees; then those employees will be disqualified by the City, and those disqualified employees will not be allowed to Work on the Project. Disqualification of employees to Work on the Project is a non -excusable delay to the Contract for which the City will not grant a Contract Time extension. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR and/or SUBCONTRACTORS that may work on the CITY's premises in positions found by the City to be critical to the security and/or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the release of their address, social security number and/or licenses they shall not be allowed to work or continue to work in such critical positions. e. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and/or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his/her/its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's Sunland Estates LS Replacement lFB 19120-44 Page 6 of 20 AGREEMENT Rev. Per Add. No. 1 12/19/19 submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods and/or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or improper performance or failure to perform any of the goods and/or services furnished under this Agreement. 13. The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 14. Time is of the essence in the performance of all goods and/or services provided by the CONTRACTOR under the terms of this Agreement. 15. Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. 18. Each invoice shall reference this Agreement, the appropriate billing period. 19. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and/or services referenced in an invoice. 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 21. CITY designates the City Manager or his/her designated representative, to represent the CITY in all matters pertaining to and arising from the Work and the performance of this Agreement. 22. The City Manager, or his/her designated representative, shall have the following responsibilities: Sunland Estates LS Replacement AGREEMENT IFB 19/20-44 Rev. Per Add. No.1 12/19/19 Page 7 of 20 a. Examination of all Work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the Work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the Work covered by this Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the Project; and d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 23. Until further notice from the City Manager the designated representative for this Agreement is: Bilal Iftikhar, P.E. Public Works / Utility Director City of Sanford P.O. Box 1788 Sanford, Florida 32772 24. CITY may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: a. If, in the CITY's opinion, adequate progress is not being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the CITY's opinion, the quality of the goods and/or services provided by the CONTRACTOR is/are not in conformance with commonly accepted professional standards, standards of the CITY, and the requirements of Federal and/or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or C. The CONTRACTOR, or any employee or agent of the CONTRACTOR, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any Work that has been performed by the CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. 25. In the event of any of the causes of termination, the CITY's designated representative may send a certified letter to the CONTRACTOR requesting Sunland Estates LS Replacement AGREEMENT lFB 19/20-44 Rev. Per Add. No. 1 12/19/19 Page 8 of 20 that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The CITY reserves the right to terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific Work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. Sunland Estates LS Replacement IFB 19/20-44 Page 9 of 20 AGREEMENT Rev. Per Add. No.1 12/19/19 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and/or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and/or services under this Agreement may be suspended by the CITY at any time. 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and/or services unless and until the CITY's designated representative notifies the CONTRACTOR in writing that the provision of the goods and/or services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and/or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or Sunland Estates LS Replacement IFB 19/20-44 Page 10 of 20 AGREEMENT Rev. Per Add. No.1 12/19/19 resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of Work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. f. The CONTRACTOR shall submit a report to the CITY within twenty- four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the Sunland Estates LS Replacement AGREEMENT IFB 19/20-44 Rev. Per Add. No. 1 12/19/19 Page 11 of 20 first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. 43. The CONTRACTOR shall furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 44. Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self-insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, Sunland Estates LS Replacement IFB 19120-44 Page 12 of 20 AGREEMENT Rev. Per Add. No.1 12119119 corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of Work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. 52. If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his/her assigned duties or is demonstrating improper conduct pursuant to any assignment or Work performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. 53. The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. 55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. Sunland Estates LS Replacement IFB 19/20-44 Page 13 of 20 AGREEMENT Rev. Per Add. No. 1 12119/19 56. The CITY reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 58. The CITY will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and/or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the Work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 60. The CONTRACTOR shall ensure that all goods and/or services are provided to the CITY after the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. 61. If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 62. The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the Sunland Estates LS Replacement IFB 19/20-44 Page 14 of 20 AGREEMENT Rev. Per Add. No.1 12/19/19 provisions of Part 111, Chapter 112, Florida Statutes, relating to ethics in government. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and/or services under this Agreement and date of final payment for said goods and/or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and/or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and/or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and/or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. Sunland Estates LS Replacement IFB 19/20-44 Page 16 of 20 AGREEMENT Rev. Per Add. No. 1 12/19/19 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 73. The CONTRACTOR shall coordinate the provision of goods and/or services and Work product of any CITY approved subcontractors, and remain fully responsible for such goods and/or services and Work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement is to be governed by the laws of the State of Florida. 77. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 78. This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section Sunland Estates LS Replacement IFB 19/20-44 Page 16 of 20 AGREEMENT Rev. Per Add. No.1 12/19/19 is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 82. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e-mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, Sunland Estates LS Replacement AGREEMENT IFB 19120-44 Rev. Per Add. No. 1 12/19119 Page 17 of 20 even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 94. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. K. Mandatory Compliance with Chapter 119, Florida Statutes, and Public Records Requests. In order to comply with Section 119.0701, Florida Statutes, public records laws, the CONTRACTOR must: Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the service. Sunland Estates LS Replacement IFB 19/20-44 Page 18 of 20 AGREEMENT Rev. Per Add. No.1 12/19/19 2. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. If the CONTRACTOR does not comply with a public records request, the CITY shall enforce the contract provisions in accordance with this Agreement. 6. Failure by the CONTRACTOR to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY. the CONTRACTOR shall promptly provide the CITY with a copy of any request to inspect or copy public records in possession of the CONTRACTOR and shall promptly provide the CITY with a copy of the CONTRACTOR's response to each such request. 7. The CONTRACTOR shall note the following: IF THE CONTRACTORIVENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, HOUCHINT@SANFORDFL.GOV. Sunland Estates LS Replacement IFB 19120-44 Page 19 of 20 AGREEMENT Rev. Per Add. No.1 12/19/19 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Prime Construction Group, Inc. Name o By (Signature)' Date Charles J. Brackett, III - Presig-q—nt/CEO Printed Name and Title ATTEST: 10 By (Signatu'- Date Printed Name and Title OWNER: Name By (Sign Name ind Title EST' By (Signature) gnat.r Traci Houchin, City Clerk Printed Name and Title (SEAL) A d r. d egal su C 2L Date ttorney f T Sunland Estates LS Replacement AGREEMENT IFB 19120-44 Rev. Per Add. No, 112119119 Page 20 of 20 r Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2020047414 Book:9596 Page:484-494; (11 PAGES) RCD: 05/06/2020 02:53:01 PM REC FEE $95.00 ,FRONT PAGE OF PUBLIC PAYMENT & PERFORMANCE BOND In compliance with F.S. Chapter 255.05(1)(a) Bond No.: 107145306 Contractor Name: Prime Construction Group, Inc. Contractor Address: 1000 Jetstream Drive Orlando FL 32824 Contractor Phone No: (407) 856-8180 Surety Company Name: Travelers Casualty and Surety Company of America Surety Company Address: One Tower Square, Hartford, CT 06183 Surety Company Phone No: 860-277-0111 Agent Name: Agent Address: - Agent Phone No: Obligee Name: Obligee Address: Obligee Phone No: Bond Amount: Waldorff Insurance & Bonding, Inc. 1 110 NW 61h Street Gainesville, FL 32601 (352) 374-7779 City of Sanford 300 North Park Avenue, FL 32771 $744,000.00 Contract No: (if applicable) IFB 19/20-44 Description of Work: Sunland Estates Lift Station Replacement Project Address: Sanford, FL FRONT PAGE All other bond pages) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. 1 .1 0=1 0 101 r9wol a SECTION 00605 PERFORMANCE BOND (100% of Contract Price) Book 9596 Page 485 Instrument# 2G20047414 KNOW ALL MEN B.Y THESE PRESENTS that: Prime Construction Group, Inc. (Name of CONTRACTOR) 1000 Jetstream Dr., Orlando, Florida 32824 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 407-856-8180 a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square, Hartford, CT 06183 (Address of Surety). Surety's Telephone Number: 860-277-0111 hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. :Park Ave, Sanford, Florida 32771, hereinafter called "CITY", in the sum of Seven hundred forty-four thousand and 00/100 DOLLARS ($744,000.00) in lawful money of the United, States, for the payment of which sum well and truly to be made, We bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall hot be less than one hundred percent (100%) of the Contract Price. CITY's telephone number is .(407) 6885028. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered. into a certain Agreement, with CITY,_ dated the 'gotn day of 20 'a copy -of which is hereto attached and made a pki: hereof for the construction of: Sunland Estates Lift Station Replacement - IFB No. 19/20-44. The Project is located. (Provide Legal Description.. If in RAN, provide address or general location): 118 Parkview- Dr., Sanford, FL 32773, and along Parkview Dr. from Collins Dr. to Fairmont Dr., and along, Fairmont Dr. from Parkview Dr. to US 17-92. General description of the Work: The CONTRACTOR is responsible for all labor, materials,. equipment, coordination, and incidentals necessaryinstalling a new sewer lift station (including new pumps, electrical, controls and generator), removal of the existing lift station and force main Sunland Estates. LS Replacement PERFORMANCE BOND IFB 1912044 (100% of Contract Price) Page 1 of 5 Book 9596 Page 486 Instrument# 2020047414 Bond No. 107145306 (including demolition of the lift'station concrete block building), and construction of over 1100 -ft of new force main (6"-8'), over 200 -ft of new 12" sanitary sewer and one new sewer manhole. This Performance Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statues, and the Agreement referenced above, asthesame may be amended. NOW, THEREFORE, the condition. of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited, to the guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement; and 2. Pays CITY all liquidated damages, losses, damages, delay damages, expenses, costs, and attorneys' fees, including costs and attorneys fees on appeal that CITY sustains resulting from any breach or default by Principal under the Agreement then this bond is void; otherwise.it shall remain in full force and effect. 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, except that the coverage of the Performance Bond is .limited to one hundred percent (100%) of the Contract Price. 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 CITY for a11. such direct loss or damage (including reasonable attorneys' fees and costs and attorneys' fees and costs on.appeal) resulting from any failure to perform, up to one hundred percent (1000/0) of the Contract Price and for indirect, damages as determined by CITY up to an additional twenty percent (20%) over the adjusted Contract Price. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold CITY harmless from any and all loss, damage, cost, and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings,. resulting from the Surety's, failure to fulfill its. obligations hereunder up to one hundred percent (100%) of the Contract Price. The Surety stipulates and agrees that its. obligation is to perform the Principal's work under the Agreement under this Performance Bond. The following preventative options by the Surety are encouraged; however, preventative options shall not be considered underthis Performance Bond: () Surety's financing of the Principal to keep Principal from defaulting under .the Contract Documents; and (ti) Surety's offers to CITY to buy back this Performance Bond. The Surety agrees that its obligation Under this Performance Bond is to: (i) take over performance of the Principal's work and be the completing Surety even. if performance of the Principal's work exceeds the adjusted Principal's Contract Price; or (ii) re -bid and re -let the Principal's work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Sunland Estates LS Replacement PERFORMANCE BOND IFB 19120-44 (100% of Contract Price) Page 2 of 6 Book 9596 Page 487 Instrument# 220047414 Bond No. 107145306 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 CITY. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon CITY's pursuit of its remedies against Principal; however, such obligation shall only arise upon a declaration of default of the Principal and shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by CITY and Principal without Surety's knowledge or consent; and (ii) the discharge of Principal 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 limitations of the liability of Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or non- compliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Performance Bond and Surety hereby waives notice of any such changes. However, in the event Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement and Contract Documents are executed exceeding one hundred percent (100%) of the Contract Price, the Surety shall be notified by CITY of such increased by CITY, and the Principal shall be required to increase the sum of this Performance Bond to be commensurate with the increased Contract Price. The Surety's liability to CITY shall not be reduced should CITY directly purchase for the purpose for Sales Tax Recovery certain components and materials to be utilized in the work done by the Principal pursuant to his obligations under the Agreement. Specifically, the Surety shall remain fully liable and bound to CITY for the full compliance with the Contract Documents and full performance and function and all warranties of all components and materials, notwithstanding the fact that CITY may issue deductive Change Orders and directly purchase such items. This Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Performance Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide contract rights more expansive than as required by statute. Sunland Estates LS Replacement PERFORMANCE BOND IFB 19120-44 (100% of Contract Price) Page 3 of 6 Book 9596 Page 488 Instrument# 2G20047414 Bond No. 107145306 IN WITNESS WHEREOF, this instrument is executed this C ap-V"- day of ,20s. ATTEST. ': -r aM NameYt, (VVI ss to CRACTOR) AWerl Typed Name �ORPATE;SEAL) OR) Sunland Estates LS Replacement IFB 19120-44 PRINCIPAUCONTRACTOR Prime Construction Group, Inc. P11127 2,TNZT By: t6NTRA6TIOR Signatory Authority Charles J. Brackett. III - President/CEO Typed Name and Title 1000 Jetstream Dr. Address Orlando, Florida 32824 City, State, Zip 407-856-8180 407-856-8182 Telephone No. Facsimile No. (Surety Signature Page Follows) Page 4 of 5 PERFORMANCE BOND (100% of Contract Price) Bond No. 107145306 1, =2 . U/ lr� rMT1 L, W - - Typed'or Printed Name Witness as to SURETY Paul A. Locascio Typed or Printed Name. /01 Witness as to SURETY Book 9596 Page 489 Instrument# 2020047414 �40 Travelers Casualty. and Surety Company of America SURETY Benjamin H. French tN Wp� Typed or Printed Name Attorney -in -Fact & FU F [de6t A &eni Title One Tower Souare Address Hartford, CT 06183 City, State, Zip Trava Ridlon 860-277-0111 888-420-5786 Typed. or Printed Name Telephone No. Facsimile No. NOTE: Date of this Performance Bond must not be prior to date of the -Agreement. If CONTRACTOR is a joint venture, all ventures shall execute this Performance Bond. If CONTRACTOR is a Partnership, all partners shall execute this Pdrforrnancd Bond. IMPORTANT: Surety companies executing bonds must appear on the Tfeas.Ury Department's most current list (Circuliar'570, as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically -approved in writing by CITY. All bonds shall be originals and issued or countersigned byq local producing agentwh is authorized 9 or to operate in the State of Florida., Attorneys -in fact who sign BK Bonds or Performance/Payment Bonds mustfile with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of surety -companies mutt list their name, address, and l telephone number on alBonds. p _.. Suniand Estates LS R6placement IFB 19120-44 Page 6 of 5 PERFORMANCE BOND (100% of Contract.Price) Bond No. 1O71453O6 PAYMENTBOND (100%ofContract Price) Book 9596 Page 490 14 KNOW ALL MEN BY THESE PRESENTS that: Prime Construction Group, Inc. (Name of CONTRACTOR) 1000 Jetstream Dr., Orlando, Florida 32824 (Address of CONTRACTOR) CONTRACTOR'sTelephone Number: 407-856-8180 a Corporation (Corporation, Partnership, or IndividuaD hereinafter called ^Phnopm[.and Travelers Casualty and Surety Company of -America (Name ofSurety) One Tower Square, Hartford, CT 06183 (Address of Surety) SureV s Telephone Nunnber:88O-277-0111 hereinafter called "8unety'.are hold and ��bound unto CITY OFEANFORD.300N.ParkAve, Gmnyond` Florida 32771., henaihafter called "CITY", in the guni of Seven hundred forty -fou thousand and 00/100 DOLLARS: ($744,000.0 in lawful money of the United Stobas, fprthe payment of which sum well and truly to be Made, vve bind ourselves, successors. and'assigns. jointly and severally, ficnlxbythese pnaoents. C|TY'stele phone. number io{4O7}.G88-GD28. THE CONDITION {JFTHIS {}BL| ucb h Agreement v�th CITY, dated the_��=`dmy of part hereof for the construction of: SUriland Estates Lift Station Replacement - IFB No. 19/20A4. The Pfoj6cthsIodated (Provide Legal, Description. If in RIW, provide add(amsorgeneral |ooatior)� 118PmrkVimxvDc.Sa.nford.FL32773.wndm|ongPurk/ievuDr.fronoCoUinsOr.lmFairmont Dr., and along Fairmont. Dr. from Parkview Dr. tpUG17-S2. Genera/ description of the VVbrh: The CONTR/VCTQ'R is pumppoaib|o fbr aU kabor, materials,. equipment, coordination, and incidentals n-oessmryfor instaUinqvm anm��eer|Utstotioo�nc|uding nexvpun�ps� e|ec�ica|..00ntm|sand Qaneretor), removal of -the existing lift stmtioniJnd`force main (indud�g den�ul�imnpfthe |8tatqbon concn�a.b|op�bui|dino).and construct ion nfover 11OD-ftof new force' nnnin(67-6).nver20O-ftofnevv12"smnitmrysevverandonenevvsexvmrnmanhnlo. NOW, THEREFORE, the condition of this obligation is such that.if Principal shall pr6miptly make payments to all claimants os defined in Section 255.05(1). Florida Statutes, supplying Principal aun|anuEstates 'LS Replacement PAYMENT BOND, |rgig12o44 (100%.m*Contract Price) Page 1mf4 Book 9596 Page 491 Instrument# 2/20047414 with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject; however, to the following conditions: 1. This Payment Bond is. furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as same may be amended. 2. It is a specific condition of this Payment Bond that a claimant's. right of action on this Payment Bond is limited to the provisions of Section 255.05, Florida Statutes, including, but not limited to, the one (1) year time limitation within which suits may be brought. 3. This. Payment Bond is conditioned that CONTRACTOR shall promptly make payments to all persons defined in Section 713.05, Florida Statutes, whose claims derive from the prosecution of the work provided for in the Agreement. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish CONTRACTOR with a notice that (s)he may look to this Payment Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his/her labor, materials, supplies, or rental equipment within ninety (90) days after final furnishing of the labor, services, materials, or equipment by, claimant, deliver to 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 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. 4. Any changes in or under. the Agreement or Contract Documents and compliance or non- compliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Payment Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the sum of this Payment Bond shall increase or decrease in accordance with the Change Orders (unilateral or directive change orders and. bilateral change orders) or other modifications to the Agreement or Contract Documents. This Payment Bond shall not cover any components or materials directly purchased and paid for by CITY pursuant to Sales Tax Recovery. 5. The Performance Bond and this Payment Bond and the covered amounts of each are separate. and distinct from each other. This Payment Bond shall be construed as a statutory Payment Bond under Section 255.05, Florida Statutes, and not as a common law bond. Sunland Estates LS Replacement PAYMENT BOND IFS 1912044 (100% of Contract Price) Page 2 of 4 Book 9596 Page 492 Instrument# 2G20047414 Bond No. 107145306 .114 WITNESS WHEREOF, this instrument is executed this@��:)"day of F'V X* ,2000 ATTEST. By: Ser t ry '21 N&meof-Secretary RPORATE SEA11A §16--P.ONTRACTOR) Typed Name (Witss to CMTRACTOR) Typed Name Sunland Estates LS Replacement IFB 19120-44 r] PRINCIPAUCONTRACTOR Prime Const tion Group, Inc. PRINC71P7f NT C R By: C(§KTRACTbR'!§ignatory Authority Charles J. Brackett. III - President/CEO Typed Name and Title 1000 Jetstream Dr. Address Orlando, Florida 32824 City, State, Zip 407-856--8180 407-856-81-82 Telephone No. Facsimile No. (Surety Signature Page Follows) Page 3 of 4 PAYMENT BOND (100% of Contract Price) Bond No. 107145306 ATTEST - Rebekah G. Wolf Typed or Printed Name 0'. Witness as to SURETY Paul A. Locascio Typed or Printed Name I Witness as to SURETY Trava Ridlon Typed' or Printed Name Book 9596 Page 493 Instrument# 2020047414 z_W_;T=yb1 Travelers Casualty and Surety Company of America SURETY Beniamin H. French Typed or Printed Name A Attorney -in -Fact & FL R at iiant- Title cZ: 0 E One Tower Square-..:.."-,,,. Address Hartford, CT. 06183 City, State, Zip 860-277-0111 888-420-5786 Telephone No. Facsimile No. NOM. Date- of this, Payment -Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all ventures shall execute this Payment Bond. If CONTRACTOR is a Partnership, all Partners shall execute this, Payment Bond. IMPORTANT: PORtANT: Surety dompanids executing bonds must appear on the Treasury Disparttnent's most current list (C-itcular.570, as amended) and be. -author L;,ed to transact business in the State -of Florida, unless otherwise specifidalliy`qpproved in writing by CITY. All bonds shall be originals and issued orcountersigined by q ]opal producing agent who: is authorized to.operate in the State of Florida... Attorneys-ifi-fact. Who sign Bid Bonds or Pdrformia I nct-il?ayment Bonds mustfile with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of surety y companies must list their name, address,.and telephone number on all, Bonds. Sunland Estates LS Replacement 1FB 19120144 Page 4 of 4 PAYMENT BOND' (100% bf Cbntract Price) Book 9596 Page 494 Instrument# 2020047414 Bond No. 107145306 Trayelers Casualty and Surety Company of America AA: Travelers.Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.. Paul Fre and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively caged the "Companies"): and that the Companies do hereby make. constitute and appoint Benjamin H. French, Clyde D. Hare, K. Wayne Walker, L. Dale Waldorff, Pamela L. Jarman, -Paul A. Locascio, and Rebekah G. Wolf of Fort Walton Beach, Florida, their true and lawful Atfomey--in-Fact to sign. execute, seal and acknowledge anyand all bonds, recognizances, conditional undertakings and other writings obligatory in the nature. thereof on behalf of the Companies in theirbdsiress of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakingsrequired or permitted in any actions:or.proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals tobe hereto affixed, this.3rd day of February, 201.7. State -of Connecticut IyT City of Hartford ss. Robert L. Raney, Se o'r Vice- President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire anis Marine Insurance 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. In Witness Whereof, I hereunto set my hand and official seal. 6.T•Ei My Commission expires the 30th day of June, 2021�//WW��'''��►► Mane C. Tetreauit, Notary Public This Power of Attorney is granted under and by -the authority -of ttie following resolutions adopted by -the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading asloilo 3: 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 Attomeys-in-Fact and Agents to act for and on•behalf of the Company and maygive such appointee such authonfy as his or tier certificate of authority mayprescribe to sign with the Company`s name and seal with the Company's seal"bonds, recob0zAnces, contracts of indemnity, -and'other wittings 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 anis Us FURTHER RESOLVED, that the Chairman; the Pr,-;.idAnt; any. Vic$ Chairman, any Executive Vice_ President,_ any, Senior Uce' President or cir y. Vice Presideht inay Bele ate alt or an g . ypait,of the,foregdng authority. to one or more officers oremployees•of this :Gompany,,provided'that each such delegation is•in-writing and a copy thereof is filedin-tile office of the'Secretary; and it: is FURTHER,- RESOLVED, that any bond, recognizance, contract of indemnity, or.writing obiigaforyin the nature' of a bond, recognizance, or conditional uiielcilahiiiy z6all be valiU'twd l,iuL6ng.upukute Cwi}paiiy:W11wr(a)' biytucu Vy.Oic PtcBiuciit, Oily Vice Chainuan, auy Exceutivu Viuc P1cyldelit., iauy'Scuitn Vice President or any Vice'Pre-silent; any Second Vice Presldent, the Treasurer-, any Assistant Treasurer, the Corporate Sdereta . -or any Assistant Secretaryand duly attested and seated with the -Co npany's.•seai bya Secretary -or Assistant Secretary', or (b) duly executed .(under seal, if required) by Att 'one or more orneys`in-Fact and-Agents-pursuanf 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 4 -authority; and it"is FURTHER -RESOLVED, that the signature of each .of the following cfficersi President. any Executive Vice President,. any Senior Vice: President,.any Vice President; any'Asgisfant Vice President; any Secretary,.any.Assistant Secretary, and the -seal of the_Companyrnay be -affix ed by facsimile to any.Power of Attomey.or tc anycertificaterelating thereto appointing Resident Vice Presidents, Resident Assistant Secretanes,orAttomeys=in-Fact for purposes only of executlrig and attesting bonds and undertakings and. other wdtings..obligatory In'the natum.Ahereof,.and.anysuch P'ow,er of Attomeyorcertiflcate bearing ,such facsimiie signature.orfacsimile seal shall.be valid and bindingupoha.the. Company and any -such powerso executed and certified by -such facsimile :signature and facsimile:seal shalt be-Valid.and binding.on:the Company in.thefuture with respect to any bond or understanding to which it is:attached. 1, Kevin E: Hughes, the undersigned, Assistant Secretary *of Travelers Casualty, and Surety Company'"of America, Travelers • Casualty and Surety Company, and St. Paul Fire and Marne Insurance Company, do hereby certify that,the� above and foregoing is a true and correct copy of the Power. of Attorney executed bysaid Companies, which remains in full force and,eii' fD SURz ), 1,,,� D'ated-thisday of Chu. HARTFORD, -c 3 rswtsdR0. c tIARtWSO; <' C61lFL 27 C C Fd fd.X. !`� ' .• ' r�� Kevin. E..Hughes, Assistant Secretary-. ., rye ••.....••R,�� ;. To verify the authenticity ot ofthis PowerAtt6�ney, please call us•at 1-800-421-3880. Please referto the-above:named-Attorney-ea-Fact and"tlre'detailr'ofthe bond to which the.power &attached. FRONT PAGE OF PUBLIC PAYMENT & PERFORMANCE BOND In compliance with F.S. Chapter 255.05(1)(a) Bond No.: Contractor Name: Contractor Address: Contractor Phone No: 107145306 Prime Construction Group, Inc. 1000 Jetstream Drive, Orlando, FL 32824 (407) 856-8180 Surety Company Name: Travelers Casualty and Surety Company of America Surety Company Address: One Tower Square. Hartford. CT 06183 Surety Company Phone No: 860-277-0111 Agent Name: Waldorff Insurance & Bonding, Inc. Agent Address: 1110 NW 6th Street Gainesville, FL 32601 Agent Phone No: (352) 374-7779 Obligee Name: City of Sanford Obligee Address: 300 North Park Avenue FL 32771 Obligee Phone No: Bond Amount: $744,000.00 Contract No: (if applicable) IFB 19/20-44 Description of Work: Sunland Estates Lift Station Replacement Project Address: Sanford, FL FRONTPAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2020047414 13k:9596 Page:484-494 (11Pgs) REC: 05/06/2020 2:53:01 PM by jeckenroth RECORDING FEES $95.00 BoInd No. 107145306 SECTION 00605 PERFORMANCE BOND (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS that: Prime Construction Group, Inc. (Name ufCONTRACTOR) 1000 Jetstream Dr., Orlando, Florida 32824 (Address nfCONTRACTOR) C(]NTR/*CTOR'sTelephone Number: 407-856-8180 (Corporation, Pmrtnenship, or Individual) hereinafter called ^Principo|''.and Travelers Casualty and SuretV Company of America (Name of Surety) One Tower Square, Hartford, CT 06183 (Address of Surety) Surety's Telephone Number: 860-277-0111 hereinafter called . are held and firmly bound unto CITY OFG/\NFOR[).3OON.Park Ave, Sanford, Florida 32771, hereinafter om|k*d "C[TY", in the nurn of Seven hundred forty -fou thousand and 00/100 DOLLARS ($744,000.00 in lawful money of the United Statas, for the payment nfwhich sum well and truly to be rnode, we bind ounaak/es, oucc*souro, and assigns, jointly and sevenm||v, firmly by these presents. The sum shall not be less than one hundred percent (100%)ofthe Contract Price. C|TY's telephone number is (407) 688-5O28.THE CONDITION OFTHIS OBLIGATION is such that whereas, the Principal entered into a certain|TY, doted the da. ^a copy of which is hereto attached and made mpmnhereof for the construction of: Sunland Estates Lift Station Replacement - IFB The Project h;located (Provide Legal Description. IfinR/W, provide address orgeneral loomtior): 118 Parkview Dr., Sanford, FL 32773, and along Parkview Dr. from Collins Dr. to Fairmont Dr., and along Fairmont Dr. from Parkview Dr. to US 17-92. General description ofthe Mdv: The CONTRACTOR ks responsible for all |mbor, materials, equipment, coordination, and incidentals necessary for installing a newsewer lift station (including new pumps, electrical, controls and generator), removal of the existing lift station and force main Sunland Estates LS Replacement PERFORMANCE BOND |PB1912O44 (100%nfContract Price) Page 1mf5 Bqnd No,. 107145306 (including demolition ofthe lift station concrete block buUdino&.and construction ufover 11OO-Dof new force main (6%8"), over 200 -ft of new 12" sanitary sewer and one new sewer manhole. This Performance Bond is being entered into to satisfy the requirements of Section 255.O5.Florida Statues, and the Agreement referenced above, as the same may be amended. NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, nonditions, and agreements of said Agreement inouding, but not United, to the guaranty period and the warranty provisions,inthe time and manner prescribed in the Agreement; and 2. Pova CITY all liquidated donnaQes, losses, damnges, delay dammQeo, expenses, costs, and aftorneys'fees.induding costs and attorneys fees onappeal that CITY sustains resulting from any breach or default by Principal under the Agreement then this bond is void' otherwise it shall nannyin in full force and effect. The coverage of this Performance Bond is with each and every obligation ofthe Principal under the above referenced Agreement and the Contract Documents of which the Agreement is m pad, except that the coverage of the Performance Bund is Unndod to one hundred percent (1OO96)ofthe Contract Price. 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 CITY for all such direct loss or damage (including reasonable attorneys' fees and costs and attorneys' fees and costs on appeal) resulting from any failure to perform, up to one hundred percent (100%) of the Contract Price and for indirect damages as determined by CITY up to an additional twenty percent (20%) over the adjusted Contract Price. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold CITY harmless from any and all |oss, donnmgm, cost, and mxpense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting from the Surety's failure to fulfill its obligations hereunder up to one hundred percent (100%)ofthe Contract Price. The Sun»h/ stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under this Performance Bond. The following preventative options by the Surety are encouraged; however, preventative options shall not be considered underthis Performance Bond: (0 Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents; and (ii) Gunmh/'s offers to CITY to buy back this Performance Bond. The Surety mQneas that its obligation under this Performance Bond is to: (i) bmkm over performance of the Principal's work and be the completing Surety even if performance of the Principal's work exceeds the adjusted Principal's Contract Price; or (ii) re -bid and re -let the Principal's work to a completing contractor with Surety remaining |imb|m for the completing contractor's performance of the Sunlund Estates LSReplacement PERFORMANCE BOND iFB19/%O44 (100% nfContract Price) Page 2of 5 Bond too. 107145306 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 CITY. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon CITY's pursuit of its remedies against Principal; however, such obligation shall only arise upon a declaration of default of the Principal and shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by CITY and Principal without Surety's knowledge or consent; and (ii) the discharge of Principal 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 limitations of the liability of Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or non- compliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Performance Bond and Surety hereby waives notice of any such changes. However, in the event Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement and Contract Documents are executed exceeding one hundred percent (100%) of the Contract Price, the Surety shall be notified by CITY of such increased by CITY, and the Principal shall be required to increase the sum of this Performance Bond to be commensurate with the increased Contract Price. The Surety's liability to CITY shall not be reduced should CITY directly purchase for the purpose for Sales Tax Recovery certain components and materials to be utilized in the work done by the Principal pursuant to his obligations under the Agreement. Specifically, the Surety shall remain fully liable and bound to CITY for the full compliance with the Contract Documents and full performance and function and all warranties of all components and materials, notwithstanding the fact that CITY may issue deductive Change Orders and directly purchase such items. This Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Performance Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide contract rights more expansive than as required by statute. Sunland Estates LS Replacement IFB 19120-44 Page 3 of 5 PERFORMANCE BOND (100% of Contract Price) Bond NO. 107145306 IN WITNESS WHEREOF, this instrument is executed this day of 1 2 0__'Q__• ATTEST: V'Y�QU NiAFTIQ U1 0fdU1QLd1Y I r P& '(C0RATE SEAL) VV -( _ifne!�s to CONTRACTOR) "T Typed Name (VV,tn ss to CQ$(TRACTOR) --A ev I/ Typed Name Sunland Estates LS Replacement IFB 1912044 PRINCIPALICONTRACTOR Prime Construction Group, Inc. PRI70N By: t6NTRA&I-Signatory Authority Charles J. Brackett, III - President/CEO Typed Name and Title 1000 Jetstream Dr. Address Orlando, Florida 32824 City, State, Zip 407-856-8180 407-856-8132 Telephone No. Facsimile No. (Surety Signature Page Follows) Page 4 of 5 PERFORMANCE BOND (100% of Contract Price) Bond No. 107145306 ATTEST ( (SURE NAXXX*WW1 n6ss Rebekah G. Wolf Typed or Printed Name Witness as to SURETY Paul A. Locascio Typed or Printed Name Witness as to SURETY Trava Ridlon Typed or Printed Name SURETY Travelers Casualty and Surety Company of America SURETY By: Benjamin H. French Typed or Printed Name Attorney -in -Fact & FL-RiD,ideg6- aeni t Title One Tower Sauare Address Hartford, CT 06183 City, State, Zip 860-277-0111 888-420-5786 Telephone No. Facsimile No. NOTE: Date of this Performance Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all ventures shall execute this Performance Bond. If CONTRACTOR is a Partnership, all partners shall execute this Performance 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 CITY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of surety companies must list their name, address, and telephone number on all Bonds. Sunland Estates LS Replacement lFB 19120-44 Page 5 of 5 PERFORMANCE BOND (100% of Contract Price) Bond No. 107145306 PAYMENTBOND (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS that: Prime Construction Group, Inc. (Name ofCONTRACTOR) 1000 Jetstream Dr., Orlando, Florida 32824 (Address ofCONTRACTOR) C(}NTR/VCTOR'sTelephone Number: 407-856-8180 m Corporation (Corporotion. Partnership, mrIndividual) hereinafter called ^Prinoipm|^.and Travelers Casualty and Surety Company of America (Name ofSurety) One Tower Square, Hartford, CT 06183 (Address nfSurety) Surety's Telephone Number: 860-277-0111 hereinafter called "Sunety".are held and firmly bound unto CITY OF SANFORD.300N. Park Ave., Ganford, Florida 32771, hereinafter called "C[TY~, in the sum of Seven hundred forty -fou thousand and 00/100 DOLLARS ($744,000.0 in lawful money of the United 8totos, for the payment ofwhich sum well and truly to be rngda, we bind oursolveo, nuooessors, and mssiQns, jointly and sevanaUy, firmly by these presents. C|TY'atw|ephunm number is /407l 888-5028. THE CONDITION OF THIS OB |GAT| uch h theQ dmy of part hereof for the construction of: Sunland Estates Lift Station Replacement - IFB No. 19/20-44. The Project is|oomted/PnzvidoLagm|Oesnriotion. |finR/W,provide address orgeneral |ocmtion\: 118 Parkview [)r.. Sanford, FL32773. and along Parkview Dr. from Collins Dr. to Fairmont Dr., and along Fairmont Dr. from Parkview Dr. tm UG 17-92. General description of the Work: The CONTRACTOR is responsible for all kabur, mnoberim|s, equipment, coordination, and incidentals necessary for installing a newsewer lift station (including new pumps, e|motrica|, controls and Qenmnmtoh. removal ofthe existing lift station and force main (including demolition of the lift station concrete block building), and construction of over 11 00 -ft of new force main (6^'8'), over 2OO-ftofnew 12''sanitary sewer and one new sewer manhole. NOW, THEREFORE, the condition ofthis obligation issuch that ifPrincipal shall promptly make payments to all claimants as defined in Section 255.05(1). Florida Statutes, supplying Principal Sun|nnd Estates LSReplacement PAYMENT BOND |pB1912o44 (10O%nfContract Price) Page of Bond No. 107145306 with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject; however, to the following conditions: 1. This Payment Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as same may be amended. 2. It is a specific condition of this Payment Bond that a claimant's right of action on this Payment Bond is limited to the provisions of Section 255.05, Florida Statutes, including, but not limited to, the one (1) year time limitation within which suits may be brought. 3. This Payment Bond is conditioned that CONTRACTOR shall promptly make payments to all persons defined in Section 713.05, Florida Statutes, whose claims derive from the prosecution of the work provided for in the Agreement. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish CONTRACTOR with a notice that (s)he may look to this Payment Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his/her labor, materials, supplies, or rental equipment within ninety (90) days after final furnishing of the labor, services, materials, or equipment by claimant, deliver to 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 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. 4. Any changes in or under the Agreement or Contract Documents and compliance or non- compliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Payment Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the sum of this Payment Bond shall increase or decrease in accordance with the Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement or Contract Documents. This Payment Bond shall not cover any components or materials directly purchased and paid for by CITY pursuant to Sales Tax Recovery. 5. The Performance Bond and this Payment Bond and the covered amounts of each are separate and distinct from each other. This Payment Bond shall be construed as a statutory Payment Bond under Section 255.05, Florida Statutes, and not as a common law bond. Sunland Estates LS Replacement PAYMENT BOND IFB 1912044 (100% of Contract Price) Page 2 of 4 Bond No. 107145306 Y.\ IN WITNESS WHEREOF, this instrument is executed this day of aDV ,20 c'DO ATTEST. -6k) CORPORATESE jtn6ss to CONTRACTOR) COO Typed Name (Vvitc6(�TRACTOR) �'Sto-l-)'--dv Typed Name Sunland Estates LS Replacement IFB 19120-44 PRINCIPAUCONTRACTOR Prime Constwction Group, Inc. PRINCIP By: C6KTRACTbR-9-ignatory Authority Charles J. Brackett, III - President/CEO Typed Name and Title 1000 Jetstream Dr. Address Orlando, Florida 32824 City, State, Zip 407-856-8180 407-856-8182 Telephone No. Facsimile No. (Surety Signature Page Follows) Page 3 of 4 PAYMENT BOND (100% of Contract Price) Bond No. 107145306 Rebekah G. Wolf Typed or Printed Name Witness ostoSURETY Paul A. Locascio Typed orPrinted Name Witness as to SURETY T[@VB R!idlOD Typed or Printed Name Travelers Casualty and Surety Company of America SURETY By: B8OiBDOiD H. F[8OCh Typed or Printed Name ' '�� Attorney -in -Fact &-FL Title cl: Cr One Tower Square � Address Hartford, CT. 06183 City, State, Zip 860-277-0111 888-420-5786 Telephone No. Facsimile No. NOTE: Date of this Payment Bond must not be prior todate of the Agreement. If CONTRACTOR inajoint venture, all ventures shall execute this Payment Bond. If CONTRACTOR isaPartnership, all partners shall execute this Payment Bond. 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 CITY. All bonds shall beoriginals and issued mcountersigned bymloca|producingogent who is authorized to operate in the State of Florida. /&tornmys-insign Bid Bonds o/ Performance/Payment orance Pmvn�ent Bonds nnustfile vv�hsuch bond muadifiedcopy nftheir Power ufAttorney tosign such Bond. Agents of surety companies must list their name, address, and telephone number on all Bonds. Suniand Estates LSReplacement IFB 19/2044 Page 4 of 4 PAYMENT BOND (100% ofContract Price) Travelers Casualty and Surety Company of America AW Travelers Casualty and Surety Company TRAVELERS J St Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"). and that the Companies do hereby make. constitute and appoint Benjamin H. French, Clyde D. Hare, K. Wayne Walker, L. Dale Waldorff, Pamela L. Jarman, Paul A. Locascio, and Rebekah G. Wolf of Fort Walton Beach, Florida, their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge anyand all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theirbusiness of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakingsrequired or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals lobe hereto affixed, this 3rd day of February, 2017. 4f�Xy VA g9i4))s State of Connecticut By: City of Hartford ss. —Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 �� * oto * Mane C. TetreauB, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 bold, recognizance, or conditional ullucatahilly aliall UV valid gild UillL511y UpUll (IM; CtnnNany wlicn (LI) x,iynctj Ly Clic Picaidcid, ally Vicc chailluan, ally F-Accutive Vicc Ptcaidant, Lilly Scuiul 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 SeniorVice 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 towhich it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify thatthe, above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full face and.effect; Dated this Cday of `� e s SM } V6�+ry ,�4cv aaa¢ � K * fro 41 � , • � • +`':n K if�i4.A' J'ii�' r,Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power 0f�,4tt ey, Please call us at 1-800-421-3880 Please refer to the above-named Attorney-arFact and the details of the bond to which the power is attached