679-Prime Construction-Mill Cre -~ sEcT,oN oo oo A/ 6
AGREEMENT FORM
i. GENERAL
i.01 THIS AGREEMENT, made this {,~.~day of/L/OV~i'Y~I;=J~I~ , 199_, by and be~een
(1) ~e City of S~ford , heroinafter called the Owner, and
(2) Pr~ Const~ction Gro~ doing Dusiness as a
(3) Coloration , and heroinafter called the Contra~or.
1.02 The Owner and Con~actor agree as follows: --
A. Contta~ Documents
The Contra~ Do~ments ~nsist of this Agreement; all Techni~l, General, and Supplementa~ Conditions
and SeXtons ~ntain~ in the Proje~ Manual; the Dra~ngs as li~M on the Bid Form and Index to Drawings;
all Addenda isu~ pdor to and all Change O~em isu~ after execution of this Agreement. These form the
Contra~ and all are as fully a pa~ of the Contra~ as if attached to this Agreement or repeated herein.
B. Scope of Work
The Contra~or shall pe~o~ all wo~ required by the Contra~ Docgments for the constation of the Mill
Creek Year 3A Drainage Improvement. The project consists of constructing drainage improvements
along Mill Creek in the area south of 18~ Street to Goldsboro School, and includes construeion of ~o wet
detention ~nds, repla~ment of the culve~ crossings at Count~ Club Drive and 18tb Street, and installation
of approximately 840 LF of 58"x91" elliptical RCP. Also included is construction of an outlet control
stature, a la~e ~ualizer pipe be~een the two ponds, appu~enant concrete headwalls, endwalls, inlets,
utility relo~tions, ditch grading improvements, miscellaneous driveways, erosion proregion, grassing,
fencing, and site restoration.
The Contra~or shall commence work first on Pond No. 1.5~vation of suitable soils from the pond will
be stockpiled upon the Goldsboro School prope~y (as directed) for future use by othe~ in the Goldsboro
S~ool Renovations pmje~. The Contra~or shall coordinate closely with Seminole County Public Schools
(SCPS) to ensure sufficient soils are stockpiled prior to sta~ing any of the other improvements, unless
othe~ise directed or approved by the City/Engineer. Construeion of Pond No. 1 shall continue to be
coordiqated with SCPS as work progresses and completed in a timely manner so as not to delay the
Goldsboro School renovations schedule (by others).
C. Contra~ Time
The Contra~or shall begin work within 10 days after the issuance of a wriUen Notice to Proceed and shall
complete the work within 180 calendar days from ~he date of the Notice to Proceed. Construction of Pond
No. 1 shall be completed within 120 calendar days of date of the Notice to Proceed.
D. Liquidated Damages
OWNER and CONT~CTOR re~nize that time is of the essence of this Agreement and that OWNER will
suffer financial los if the Wo~ is not substantially ~mplete within the time specified in Paragraph C above,
plus any e~ensions thereof allowed in accordance with the General Conditions. They also recognize the
delays, ex~nse and difficuffies involv~ in proving in a legal arbitration proceeding the adual loss suffered
by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such
proof, OWNER and CONT~OTOR agree that as liquidated damages for delay (but not as a penalty)
(1) Owner
(2) Contractor
(3) Sole Proprietor, Partnership, or Corporation
00500-1
" CONTRACTOa,aau,~oay OWNER $250.00 for each ca en~w,~-,,y that expires after the time specified in
Paragraph C fc completion until the work is finally col. ,. .
E. Contract Pdce
The Owner will pay the Contractor in cun-ent funds for the performance of the work, subject to additions and
deductions by Change Order, the Total Contract Lump Sum Pdce of F'i v~ Fhm~7-~=c] ,q~=venty
Four ThOusand, Seven Hundred dollars &00/]~l)am($ ~74,7c~r}.c~c~ ). Payments will be
made to the Contractor based on the Lump Sum Bid amount, the Schedule of Values, and subject to
completion of the work, in accordance with the Contract Documents.
F. Payments
The Owner will make payments as provided in the General Conditions and Supplementary Conditions.
Prograss payments will be made in an amount equal to 90% of the value of Work completed, less, in each
case, the aggregate of payments previously made. At the sole discretion of the OWNER, monthly progress
payments may be increased after 50% of the Work is completed to 95% of the value of Work completed less
the aggregate of previous payments provided that: a) Contractor is making satisfactory progress, and b)
there is no specific cause for greater withholding. However, the OWNER may subsequently resume
retaining 10% of the value of Work completed and materials delivered if, in the sole determination of the
OWNER, the CONTRACTOR is not Refforming according to the Contract Documents or not complying with
the current progress schedule. This Agreement shall be binding upon. all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
G. Engineer
The Project has been designed by Conkiln, Poder & Holmes-Engineers, Inc., referred to in the documents
as the Engineer, whose authority during the progress of construction is defined in the General Conditions
and Supplementary Conditions.
.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above
wdften.
CONTR. ACI R:
Prim,= ~ fnlction Croup, Inc.
Name of ~
8y(SCignatl ~ (Seal)
OWNER:
Name of Owner
~g"n/~a~ure and Title) /,x~ (Seal)
END OF SECTION
00500-2
SECTION 00660
NOTICE OF AWARD FORM
TO: Prime Construction Group, Inc.
5528 Force Four Parkway
Orlando, Florida 32809
Attn: Mr. Reynolds Holiman
PROJECT DESCRIPTION: Mill Creek Year 3A Drainage Improvements
The OWNER has considered the BID submitted by your firm on 9/8/97 for the above-described WORK in
response to the Advertisement for Bids and Information for Bidders.
You are hereby qotified that your LUMP SUM BID has been accepted for BID items described in the plans and
Contract Documents in the amount of $574,700.00
You are required by the Information for Bidders to execute the Agreement and furnish the required
CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within ten (10) calendar days
from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten
(10) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising
out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER
will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this 2 f~'day of Seotember , 1997 , ,.~
OWNER: CITY OF SANFORD
William A. ~m'~mons,!~.E,
Title City Manaqer
ACCEPTANCE OF NOTICE
)b% , 19 97. Group, Inc.
By Roy W
Title Presiden'
END OF SECTION
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