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HomeMy WebLinkAboutPrime Construction Group Agreement -2003 08 19 ... ;, j AGREEMENT FORM THIS AGREEMENT MADE THIS ;qLDAy OF .ll'tf;f$1- ' 200)between the CITY OF WINTER SPRINGS of 11'26 East State Road 4 4, Winter Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and Prime Construction Group. Inc State of Florida, herein referred to as CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents, for the construction of the Utility Compound Sanitary Force Main. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed on the Bid Form and Index to Drawings; all Addenda issu~d priqr to_~nd all Change Orders issued after execution of this Agreement. These form the Contract and are incorporated into this Contract by this reference. 3. CONTRACT TIME - The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work within 90 calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. 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 3 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 or 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 $500.00 for each day that expires after the time specified in Paragraph 4 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of One Hundred Thirty EiQht Thousand Seven Hundred Thirty Two Dollars ($ 138.732.00). Payments will be made to the CONTRACTOR for actual quantities installed 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. 6'. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the City or their authorized representative, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: 00520-1 <.oi' . , ,. j (A) Work is found defective and not remedied; (B) Contractor does not make prompt and proper payments to subcontractors; (C) Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; (D) Another Contractor is damaged by an act for which Contractor is responsible; (E) Claims or liens are filed on the job; or (F) In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily. 7. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout the project. The OWNER shall. release 50% of the amount withheld upon issuance of the "Substan'tial Completion Certificate. The remaining 50% of the amount withheld s"hci'u"' be released with the Final Payment after the issuance of the Final Completion Certificate. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER a complete release of liens arising out the contract, or receipt releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to OWNER indemnifying him against such claims. By making payments OWNER does not waive claims including but not limited to those relating to: (A) Faulty work appearing after substantial completion has been granted; (B) Work that does not comply with the Contract Documents: (C). Outstanding claims of liens; or (D) Failure of Contractor to comply with any special guarantees required by the Contract Documents. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES AND AUTHORITY - The duties and authority of the City are as follows: a. General Administration of Contract. The primary function of the City is to provide the general administration of the contract. In performance of these duties George F. Edwards, P.E. or his authorized representative is the City's Project Director during the entire period of construction. The OWNER (City) may change the Project Director during the term of this contract. b. Inspections. Opinions. and Proaress Reports. The OWNER shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of 00520-2 'f I ./ construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at all times during work preparation and progress. The Project Director is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's. claim regarding defective work by Contractor. d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Reiection andStoppaae of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work. or a. portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to . CONTRACTOR as the work progresses, based on CONTRACTORS applications and OWNERS inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 9. RESPONSIBILITIES OF CONTRACTOR - CONTRACTORS duties and rights in connection with the project herein are as follows: a. Responsibilitv for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishina of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and services necessary for the proper completion of work one the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the . fees therefor. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law {or CONTRACTO.R to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. 00520-3 '; ~ 10. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract Documents. 11. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 12. NOTICES - Any notice or approval under this Contract shall be sent ostage prepaid, to the applicable party at the address shown on the first page of this 0 tract. d..41.A- Signed, Sealed and Delivered in the presence of: Prime Co Address a Telephone 1000 Jetstream Drive Orlando, Florida 32824 , Inc. 407-856-8180 OWNER: CITY OF WINTER SPRINGS l?~w~1n~' By: Ronalct W. M<;:Lemore City M~inaga.. _. 1126 East.State.Road 434 Winter Sprirlgs, FL '32708 407 -327 -1800 00520-4 ACORD.. CERTIFICA Te>F LIABILITY INSURAN PIU:II-01 07 25 THIS CERTIFICATE IS ISSUED 16 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICKE HOLDER. THIS CERTIFICRE DOES NOT MEND, EXTEND OR ALTER THE COVERJGE AFFORDED BY THE POLICIES BELOW PRODUCER Waldorff Ins. & Bonding, Inc. P. O. Box 886 lIary Bsther PL 32569-0886 Phone: 850-581-4925 Pax:850-581-4930 The FCCI In.urance C~any NAlC# 09088 10178 INSURERS AFFORDING COVERJGE INSURED INSURER A: INSURER B: INSURER C: INSURER 0: INSURER E: Amerisure Insurance Prime Construction Group, Inc. P.O. Box 590507 Orlando PL 32859-0509 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRI TYPE OF INSURANCE POLICY NUMBER DATE iMMlDDlVYi DATE'lMMlDOiYVl' LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 I--- A ~ COMMERCIAL GENERAL LIABILITY CPP1322956* ** 01/01/03 01/01/04 PREMISES lEa occurence) $ 300,000 I--- =:J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10,000 X XCU Coverage PERSONAL & ADV INJURY $1,000,000 I-- Contractual Liab. GENERAL AGGREGATE $2,000,000 I--- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 II POLICY n ~8i n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I-- $1,000,000 A ~ ANY AUTO CA1322955* 01/01/03 01/01/04 (Ea accldent) ALL OWNED AUTOS BODILY INJURY I-- $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accldent) $ - PROPERTY DAMAGE $ (Per accldent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 A ~ OCCUR o CLAIMS MADE CU1322957 01/01/03 01/01/04 AGGREGATE $ 5,000,000 $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X IT~~l~~Ws I X I u~~- B EMPLOYERS' LIABILITY 42552** 01/01/03 01/01/04 ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? FLORIDA ...r.on.s OIILY E.L. DISEASE - EA EMPLOYEE $ 500,000 If ~. describe under $500,000 S CIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER A Rented/Leased Bqui 11I1322959 01/01/03 01/01/04 5,000 Ded $600,000 A Installation Coy 11I1322959 01/01/03 01/01/04 1,000 Ded 400,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS See Attachment City of Winter Springs 1126 Bast sa 434 winter Springs PL 32708 CANCELLATION COWS 0 0 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NDTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR~DREPRESENTATIVE Ben amin B. Prench @ACORD CORPORATION 1988 CERTIFICATE HOLDER ACORD 25 (2001/08) - ' ""--,---,--"--",-,,,,,-,-,,-'-"-'" " "",- ff.~t~.e~II.:..... ............'..b'S..Ni..f~lae......dotJstriot~.Qn......arouP.,........:tno..~..........I~Mit~l *:tt is hereby understood and agreed that The OWner, the OWner's Representative, the Bngineer, Progress Bnergy Plorida andPPL representatives, Architect, and their consultants, and each of their officers, agents and employees are included as additionally named insured under said policies but only while acting in their capacity as such and only as respects operations of the originally named insured, his subcontractors, agents and employees as pertains to this job only: Sanitary Sewer Porce Main ~provements **Waiver of Subrogation applies to worker's compensation & general liability. PAGE 2 DATE 07/25/03 e e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. SECTION II . WHO IS AN INSURED is amended to include as an insured any person or organization, called an additional insured in this endorsement 1. VVhom you are required to add as an additional insured on this policy under a written contract or agreement relating to your business; or 2. VVho is named as an additional insured under this policy on a certificate of insurance; however 3. The written contract, agreement or certificate of insurance must be: (a) currently in effect or become effective during the term of this policy; and (b) executed prior to the "bodily injury, "property damage", personal injury", or "advertising injury" giving rise to a claim under- this policy; however, if your wor!( was commenced under a letter of intent or wor!( order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified in this endorsement. 4. If the additional insured is: (a) An individual, their spouse is also an additional insured. (b) A partnership or joint venture, members, partners, and their spouses are also additional insureds. (c) A limited liability company, members and managers are also additional insureds. (d) An organization other than a partnership, joint venture or limited liability company, executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. (a) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. The insurance provided to the additional insured is limited as follows. 1 . That person or organization is only an additional insured with respect to liability arising out ot (a) Premises you own, rent, lease, or occupy, or (b) "Your wor!(" for that additional insured. Premises, as respects this provision, shall include common or public areas about such premises it so required in the written contract or agreement. Includes copyrighted material of Insurance Services Office. Inc.. with its permission. Copyright Insurance Services Office, Inc.. 2001 CG 70 48 04 02 Page 1 of 2 e e 2. The limits of insurance applicable to the additional insured are the least of those specified in the written contract or agreement, or in the certificate of insurance or in the Declarations for this policy. If you also carry an Umbrella policy, and the written contract or agreement or certificate of insurance requires that the additional insured status also apply to such Umbrella policy, the limits of insurance applicable to the additional insured under this policy shall be those specified in the Declarations of this policy. The limits of insurance applicable to the additional insured am inclusive of and not in addition to the limits of insurance shown in the Declarations. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury", or "advertising injury" arising out of an architect's, engineers, or surveyors rendering of or failure to render any professional services induding but not limited to: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and 2. Supervisory, inspection, or engineering services. Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the written contract agreement or certificate of insurance requires that this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. Indudes copyrighted material of Insurance Services Office. Ine.. with its permission. Copyright Insurance Services Office, Inc., 2001 Page 2 of 2 CG 70 48 04 02 e e ~.. Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 900/0 of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. \l TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA nu.a,ERS CASUALTY AND SURETY COMPANa ~GTON CASUALTY COMPANY .. Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUmORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY mESE PRESENTS, mAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Benjamin H. French, of Gainesville, Florida. their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign. execute and acknowledge, at any place within the United States. the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given. are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman. the President, any Vice Chainnan, 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. VOTED: That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice Presiliient 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. VOTED: That any bond. recognizance, contract of indemnity, or writing obligatory in the nature of a bond. recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certifica~ of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Diretto" of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect te any bond or undertaking to which it is attached. (11.00 Standard) :r';''Ir'.'''-,' PERFORMAltEANDPAYMENTBOND (Public Work) In compliance with F.S. Chapter 255.05(l)(a) BOND NO.: CONTRACTOR NAME: e 103409725 Prime Construction Group, Inc. CONTRACTOR ADDRESS: P.O. Box 590507 Orlando, FL 32859 CONTRACTOR PHONE NO.: 407-856-8180 SURETY COMPANY: SURETY AGENT: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO.: OBLIGEE NAME:(If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: Travelers Casualty & Surety Company of America P.O. Box 4992 Orlando, FL 32802 407-649-2978 Benjamin H. French 352-374-7779 City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 407-327-5989 BOND AMOUNT: $152,605.20 CONTRACT NO.:(If applicable) DESCRIPTION OF WORK: Sanitary Sewer Force Main along Old Sanford Road PROJECT ADDRESS: LEGAL DESCRIPTION: FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon . "'t' , l\ 1\ TO: Andrea Lorenzo - Luaces, City Clerk FROM: George Edwards, P.E., Capital Projects Coordinator Citv of Winter SDrinas Bid # rrB-016-03/KL RE: DATE: September 3, 2003 Transmitted herewith are the following executed documents for your files: 1 ) Notice of Award 2) Agreement 3) Notice to Proceed 4) Certificate of Liability Insurance 5) Performance Bond and Labor and Materials Payment Bond