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HomeMy WebLinkAboutPrime Construction Group -1998 06 12 ,:,,7 ~. . , .-' " f;J I q,- 0 ~5" CONTRACT CHANGE ORDER Change Order No. 2 Engineer Project No. W0450.0 1 Project Title: Contractor: Reason for Change: City of Winter Sprin~s Moss Road Brid~e ImproJRmenta Prime Construction Group. Inc. Construction Methods Chan~e due to Hi~ Creek Flow Conditions Breakdown of Pro-posed Chan~es and Basis for Payment (Includes pertinent drawings, specifications, and documentation where necessary) Item No. and Description Change in Contract Cost +(-) 1. Costs for constructing and maintaining bypass channel required due to high creek flow. Labor $4,012.12 Equipment $5,102.75 Pumps and Fuel $3,126.13 (1) Total Proposed Change in Contract Cost +( - ) $ 12.241.00 (2) Original Contract Price $ 338.700.00 (3) Total All Previous Change Orders $ 21.628.00 (4) New Contract Price (Total ofItems 1,2 and 3) $ 372.569.15 Accepted By Owner: Date: 1.t18/~8 Date: ,/'LlttS Date: (; ~/J/7~ /~ Recommended By Engineer: Accepted By Contractor: W0450012cha C I,,../<. .. '.,' \., CONTRACT CHANGE ORDER Change Order No. 1 Engineer Project No. W0450.01 Project Title: Contractor: Reason for Change: City of Winter Springs Moss Road Bridge Improvements Prime Construction Group, Inc. Additional items requested by City (see attached quotes) Breakdown of Proposed Changes and Basis for Payment (Includes pertinent drawings, specifications, and documentation where necessary) Item No. and Description Change in Contract Cost +( - ) 1. 855 LF of Sidewalk (combined from the two separate quotes) $8,373.95 2. 1950 SF Fabriform $9,750.00 3. Raise Manholes - 3 Each $825.00 4. Additional Driveway and Grading Requirements $1,191.20 5. Additional Fill Material $240.00 6. Concrete Removal $180.00 7. Additional Floratam Sod $1,068.00 (1) Total Proposed Change in Contract Cost +( - ) (2) Original Contract Price (3) Total All Previous Change Orders (4) New Contract Price (Total ofItems 1,2 and 3) $ 21.628.15 $ 338.700.00 $ - 0- $ 360.328.15 Accepted By Owner: Date: _2;/Z3/fS Date: 312-5".1 '15 Date: "3 /3 I ) ? <6 /Y I I Recommended By Engineer: Accepted By Contractor: W045001.cha ~,.'., \ I ',.....:~ . ,_, . ., " PRIME CONSTRUC"fiON GRQUP:' INC. --...-......,__.--..------..-.-.-.-......----.----.-.....-~iSE~-.-..:::::..---- 552il r'~1':1} Four P;n<way --.....- - ~ T~ept;~ne .;07-658.cHiO P:n: Office Box t:<:ic:,n;" F!\x 4'J7.5SG.!il8Z 01:<'\",(10. FL 328:;<)507 Fl. Li~n~~ :lCGC0375C4 March 18, 1998 fYLr. Kip Lockcliff City of Winn:r Spri.ngs Public \Vorks Departrn~nt liON. Flarni.ngo A vem.:.c Winter Springs, Florida 32708 Re: Moss Rosd Bridge Improvemellts Proj~.ct Dc::a..c Kip: PicJ.Se find listed below the prices f,)C extra work pl.'.rformed m1 the above r~fe[(~:1CE~d project.: ptsr.ripl"io..Q Q.y~i!t t.rnit Unit ~~ricc Totr..l 105' S idew;3jj( Addit.onzd D,'ivc\\'JY and Gri\ding :\..dditicnal FLU fdJtcri;;d Concr::tc Rcmovzd Addltioi12.i Ftorb~1 So,i LS LS 5:1,0:7.95 S i! 191.20 $1,027.95 Si,191.20 f ,~ l.:-' LS LS S 240.00 $ 180.00 ~ 1,068.00 ~, 240.00 S 180.00 s: 1 ;063.00 Total Amount S3,707 J 5 [f you have any questi(I'ls' Gc'nc~~rning this rnatter ple;)Se contac[ me 3.t the offi('~, Respectful!)' : ~---::- ~'\ . \ I ~ ~ 1 ' \", ~ I~ ~ .__(/.1.----,'- .' ,~_,.l.......... '----\0/ Ela..ine Dewey Project CoordinOltor :,<~.6?~ P.2-,."2 . '" ,... . . PRIME CONSTRUCTION GROUP, INC. 5528 Perce Feur ParA"., Pas: OfficII eo.;( 1S3CS07 Orial1do, r:L 32859,C507 " .. .. r. _.___~~^::-:::--:-;'::_";;;;;:61i!= 'T~pilC~q 407~?e.6~aO Fax ..Oi-G56~le2 FL Li:-el'se /r:GC C3750~ -----. ---._- - From Ii of .. P:.VJ'JS I March 13, 1998 PClgt.il~ F03:< Note 7671 To hr,y 9;:, "l...JfJ<r Cc.JO;;pL Dal~ '3 PrI'Oi1G H c t ..2$'~ Cl 7'5 )...., Co f' f 'tY'1 t../. 5, ::L 7 _;J.. C. t "' 3~ J ~, Oq -'f 'f}... C 'l"~~ I1r er "ax 1/ Pl'io,,<, ~ Full ;Vir. Kip Lockcutl Cit)' of \Vintcr Sp::ings Public \Vorks DepsItn:c:nt 110 N. Fhmingo A\'en~e Winter Springs, Florida 32703 Re: Moss Road Bridge Improvements Project D~ar Kip: P!e2.Se find listed below the pric~s for e;.:t:-a \vvrk pelfoml~d 0:11.11e above r;:f~r'::nced project: Description Qu~ntity Unit Unit Price Tct:'t.1 750' Side\\'cik 1 lS S7,346.00 $7,346,00 Fabrifcffi1 1950 ~r. S 5,00 59,750.00 >-, R...ise ma.'lh::>les 3 E.'>. ... 275,00 S 825.00 .!J Total Amount $17,921.01) [f you have any Cjuest:ons cOD':erning this maner p!ea:;e contact me H~ th~ ot11"::2, Respectfully, C)n - ~ .l(e.!~J,J'-QJJfu...\ J , ame D~wey 0 Piojecc Coordinator '1' , ,', ':::. i J .. .;... ~,""T'-'~P~'W!T\Y'<,:;''': CITY OF WINTER SPRINGS TRANSPORTATION IMPACT FEES 0073 83-319/631 89 1/6/98 19_ 1$**66,303.00** PAY TO THE ORDER OF. Prime Construction Group ********SIXTY SIX THOUSAND THREE HUNDRED THREE DOLLARS AND NO/lOO CENTS*** DOLLARSm~ Barnett 007... 311 _ 0nIIIp "v_ 011...... l'Iorid. 32101 # ~ I FOR Inv. II 1 1"0000 ? 3u' ':0 b 3 .03 .., 3.: .. '::~;:':: ,'::::~;':i:; :':" :;;:~' :~:) ,'~;~,~ .', ::';;;'": 'i:".~. ''. 0::;;::':::':' ;~~:~~ ;j;~;!:':;~'i:{:i~~F::,";~[7.f:~';~'i;:~;~~'f~ .;~X~;~":~~'~;:~:)::::;i; ~;~~stf~~'~:~:~:':~if.i.f$i~Ji~~::~~~~;"i: 'I'~"~~;;~~~~~i;"~~~~:fi{~t~~"t~~~~~~t~':,~;rjc;f~~~i[~~i~#~rf~~1~~1~ . . . To: City of Winter Springs 1126 E. SR 434 Winter Springs, Florida 32708 Page 1 of 2 CONTRACTOR'S APPLICATION FOR PAYMENT No.1 Job #970293 Engineer's File No. W045Q,00 Moss Road Bridge Improvements Bid No. 97-025 Contractor: Prime Construction Group, Inc. 5528 Force Four Parkway Orlando, Florida 32839 Finance Acct. No. Contract date: September 29th, 1997 Completion date: March 29th, 1998 Application Date: December 17th, 1997 For Period Ending: December 17th, 1997 STATEMENT OF WORK Original Contract Price $338,700.00 Net Change Orders $0.00 Current Contract Price $338,700.00 Work to be Done $265,030.00 Work Completed to Date $73,670.00 Amount Retained 10.00% $7,367.00 Sub-total $66,303.00 Previous Payments Approved $0.00 Amount Due This Payment $66,303.00 The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Application for Payment uner said contract, being Applications for Payment numbered 1 through 1 inclusive: (2) all materials and equipment incorporated in siad Pro' or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, s city interests and encumbrances. Dated: December 17th, 1997 RECEIVED By: DEe j 01997 City of Winter s~rings FinZ\nc,3 Dept. County of Seminole State if Florida Before me on this 17th day of December, 1997, personally appeared Roy W. Smith, Jr., known to me, (or has produced) , as identification and who did (did not) take an oath) who, being duly sworn did depose and say that he is the President of the Contractor above-mentioned; that he excuted the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therin are true, correct and complete. . '" FRANCES A. TAMAYO to.: ~ MY COMMISSKlN, CC 511286 . EXPIIU: November 21 1999 Bandecllbiu,.. PUIlIc ~ C'~~~~ N ary ub IC My commission expries: 11/21/99 Payment of the amount requested above is approved: BY.:k~~, By: L/ fj By: By: Date: Date: Date: Date: I U/?/i' 7 13.f.v(j" 7 PAYMENT REQUEST NO.1 Page 2 of 2 General Contractor: Prime Construction Group, Inc. P.O. Box 590507 Orlando, Florida 32809-0507 Project No. 970293 Date: December 17th, 1997 MOSS ROAD BRIDGE IMPROVEMENTS City of Winter Springs, Florida CPH Project No. 97-025 WORK PERFORMED WORK PERFORMED WORK PERFORMED CONTRACT QUANTITIES PREVIOUS PERIOD THIS PERIOD TO DATE UNIT ." ITEM NO. DESCRIPTION QTY. UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT % COMPo BONDS & INSURANCE 1 LS $10,000.00 $10,000.00 0.00% $0.00 100.00% $10,000.00 100.00% $10,000.00 100.00% MOBILIZATION 1 LS $15,000.00 $15,000.00 0.00% $0.00 75.00% $11,250.00 75.00% $11,250.00 75.00% MAINTENANCE OF TRAFFIC 1 LS $2,000.00 $2,000.00 0.00% $0.00 50.00% $1,000.00 50.00% $1,000.00 50.00% EROSION CONTROL 1 LS $5,000.00 $5,000.00 0.00% $0.00 60.00% $3,000.00 60.00% $3,000.00 60.00% DEMO BOX CULVERT 1 LS $37,000.00 $37,000.00 0.00% $0.00 90.00% $33,300.00 90.00% $33,300.00 90.00% IMPORT FILL MATERIALS 1 LS $7,500.00 $7,500.00 0.00% $0.00 10.00% $750.00 10.00% $750.00 10.00% STORM UTILITIES 1 LS $10,000.00 $10,000.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% DEWATERING 1 LS $18,200.00 $18,200.00 0.00% $0.00 35.00% $6,370.00 35.00% $6,370.00 35.00% INSTALL 8" WATERMAIN 1 LS $10,000.00 $10,000.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% RELOCATE 12" WATERMAIN 1 LS $12,000.00 $12,000.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% BRIDGE FOOTERS 1 LS $20,000.00 $20,000.00 0.00% $0.00 40.00% $8,000.00 40.00% $8,000.00 40.00% BRIDGE 1 LS $105,000.00 $105,000.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% DRIVEWAYS, CURBS & SIDEWALKS 1 LS $16,000.00 $16,000.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% ROAD BASE 1 LS $18,000.00 $18,000.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% ASPHALT 1 LS $10,000.00 $10,000.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% CONCRETE BARRIER/GRAVITY WALL 1 LS $12,000.00 $12,000.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% GUARDRAIL & HANDRAIL 1 LS $15,000.00 $15,000.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% FABRAFORM 1 LS $10,000.00 $10,000.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% FINE GRADE I SOD 1 LS $6,000.00 $6,000.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% I CONTRACT TOTALS $338,700.00 $0.00 $73,670.00 $73,670.00 21.75% Change Orders REVISED CONTRACT TOTALS $338,700.00 $0.00 $73,670.00 $73,670.00 . . U) bO 0 C 'C . ~ l"- 0_ ... a') (.;"\ 0. a') '(1) ,- to ..... 0 ......11) ilJJ r<) .:= (,) \~ c....> >~ W-l -.S 0 01.1.- ~ (3 " -- _ ______'~:_:':;~..-:--..-~'~'-.~o,:';~'--..;.-- -- . .. . " . CONTRACTOR'S PARTIAL RELEASE OF LIEN KNOW ALL MEN THESE PRESENTS, that the undersigned, PRIME CONSTRUCTION CROUP, INC. in consideration of partial payment in the sum of S 66,303.00 receipt whereof is hereby acknowledged, and other valuable considerations and benefits to the undersigned accruing, do hereby waive, release and quit claim all nens, lien rights, claims or demands of every kind whatsoever which the undersigned now has, or may hereafter have, against that certain real estate and the improvements thereof, situated in SEMINOLE County, Florida and legally described as: MOSS ROAD BRIDCE REPLACEMENT WINTER SPRINCS, FLORIDA CPH PROJECT #W0450.00 on account of work and labor performed, and/or materials furnished in, to, or about the construction of any building or buildings situated thereon, or in improving said property above described, or any part thereof. It being the understanding of the undersigned that this is a PARTIAL WAIVER AND RELEASE OF LIEN, which the undersigned has against the premises described herein, only to the extent of the payments specified and only for materials furnished or work done up until 17th day of December, 1997 (but not releasing or waiving charges for changes, additions, or extras), by virtue of the accrual of said payment, has or will be made, and that the undersigned has the right to execute this PARTIAL WAIVER AND RELEASE, and that all laborers employed by the undersigned, and all bills for materials and supplies furnished by others to the undersigned in connection with the construction of improvements upon the aforesaid premises, to the extent of the payment herein referred to , have been fully paid. IN WITNESS WHEREOF, I have executed this instrument und,er seal this 17th day of December ,1997. / I WITNESSES: RECEIVED DEe 3 0 1997 City of Winter SlJrings Finance Dept. "r"i:'-'-'!"'"':\'',&;:'qr''' "'''\''~'':!7~.,,''':;'iO;::''-:~',.;' '4 .. fI . WAIVER AND RELEASE OF LIEN RIGHTS (FULL AND FINAL) WHEREAS, the undersigned has furnished certain labor and services or materials, or both, used in the construction of improvements constructed on the following described real property in SEMINOLE County, Florida: MOSS ROAD ROADWAY & BRIDE IMPROVEMENTS CITY OF WINTER SPRINGS, FLORIDA PRIME PROJECT # 970293 Pursuant to an agreement by and between PRIME CONSTRUCTION GROUP, INC. (Prime Contractor) and KIRK KEITH (Subcontractor/Supplier) NOW, THEREFORE, in consideration of the sum of $1,000.00 receipt of which is hereby acknowledged, the undersigned does hereby waive, release, quit claim, and forever discharge said real property and improvements thereon and the owner thereof, from any and all claims, claims of liens, rights to liens, or liens for services or materials or any other lien whatsoever, which the undersigned has or may hereafter have against said property. The undersigned warrants that he has the right and authority to execute this instrument, for himself or for and on behalf of the partnership, firm or corporation, indicated, and that (he) (she) (it) has not and will not assign or transfer any claim of payment or of any right to perfect a lien upon said realty as improved. The undersigned warrants that all suppliers, material men and laborers furnishing material to or performing labor for (him) (her) (them) (it) have been fully paid and that no conditional bill of sale, retain title contract, or chattel mortgage has been given by anyone for or in connection with any materials, fixtures, furnishings, labor, appliances or machinery placed upon or installed or incorporated in the said premises by (him) (her) (them) (it), except as follows (if none, so state): NONE The following is a brief description of the work, services or materials of the undersigned: CENTER FOOTINGS WITNESS. the following signature and seal this /6 a.. day of 1997. Witness Swom ~d subscribed before me this ,& YL- day of ~ 4E 41-1'V~ . 1997. ) Wk,<.L( RECEIVED C::')~7~o0'- J::;~/) NOTARY PUBLIC My commission expires: '" -r::;;t / FRANCES A. TAMAYO P61 COMMISSION' CC 511266 71 EXPIRES: November 21, 1999 Band1c111lftI NaCIry PuIIIIclllnclllwllln DEe 3 0 l~~{ City of Winter Springs Finance Dept . "-"'~'.~';~'~,;;iji;';'C'".~~--:',:': . >""'"~"'Ji:',#il!~~i:P:-^',,"r C 1,r-)4 NOTICE OF AWARD FORM TO: Prime Construction Group 5528 Force Four Parkway Orlando, Florida 32809 PROJECT DESCRIPTION: Construction of the Moss Road Bridge Improvements. The OWNER has considered the BID submitted by you for the above-described WORK in response to the Advertisement for Bids dated Auaust 13. 1997 , and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $ 338.700.00 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 Insurance 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 J.ffA day of 5.,1,-1...,.. , 19 97 . OWNER: ~./~ ~ By /t" ~ r "" . ------= /" Title Ron McLemore. tiN Manaaer Roy W. Smith, Title President By F AWARD is hereby acknowledged by Prime Construction er , 19 97. Receipt and acceptance of the above N Group, Inc. this the 19th day of S 00660-1 .,,-,7,;ff:...... '>:~ ,. .~, . C I!r~ ~/ AGREEMENT 1. GENERAL 1.01 THIS AGREEMENT, made this .2..1 d~y of ~, 1997, by and between the Citv of Winter Sorinas , hereinafter called the OWNER, and Prime Construction Grouo doing business as a Corooration , and hereinafter called the CONTRACTOR. 1.02 WHEREAS, the OWNER and the CONTRACTOR are desirous of entering into an Agreement for construction of the Moss Road Bridge Replacement by CONTRACTOR for OWNER. NOW, THEREFORE, for and in consideration of the mutual promises hereinafter exchanged the parties agree as follows: 1. 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 issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. 2. Scooe of Work - The CONTRACTOR shall perform all work required by the Contract Documents for the construction of Moss Road Bridae Imorovements. 3. Contract Time - The CONTRACTOR shall begin work within ten (10) days after the issuance of a written Notice to Proceed and shall complete the work within one hundred fifty (180) calendar days from the date of the Notice to Proceed. 4. Liauidated Damaaes - 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 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 agJee that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 for each day that expires after the time specified in Paragraph 3 for final completion until the work is finally complete. 5. Contract Price. Lumo Sum Contract - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of three hundred thirtv eiaht thousand seven hundred Dollars ($ 338.700.00). 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. 00500-1 ~. .. ...... ~ 6. Pavments - The OWNER will make payments as provided in the General Conditions and Supplementary Conditions. 7. Enaineer - The Project has been designed by Conklin, Porter & 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. 8. Bond - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER. 9. 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 mutually select a mediator and in the event they cannot mutually agree upon a mediator, one will be appointed by the American Arbitration Association. 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. 10. CONTRACTOR warrants the Moss Road Bridae Imorovements will be fit for the City's intended use and purpose and will comply with all Federal and State laws and regulations. 1.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Prime Construct'o Name of Firm (Seal) '\ OWNER: The Citv of Winter Sorinas Name of Firm (Seal) cLemore, City Manager l.4K~.Mt ~ ~~~~ Aft;;-r 00500-2 --_..~---_._-~~..",. , ". <:"'''-~ .' , ')-i!~ .!":.... ", .....,......... ........ ""''''''...,. v BOND NO. B2751660 PERFORMANCE BOND FORM THIS INSTRUMENT WITNESSETH: That we (1)PRIME CONSTRUCTION GROUP, INC.a (2) CORPORATION organized under the laws of the State of FLORIDA and re9.ld!~rly authorized to do business in the State of Florida as Principal, and we (3) RELIANCE INSURAJ."iCE COMPANY a (2) _ CORPORATION organized under the laws of the State of DELAWARE and regularly authorized to do business in the State of Florida as Surety, are held and firmly bound unto THE CITY OF WINTER SPRING? hereinafter called the Owner in accordance with a Contract hereinafter referred to, in the penal sum of (4) THREE HUNDRED THIRTY EIGHT THOUSAND Dollars ($ 338,700.00 ) lawful money of~~~it~ well and truly to be paid unto the safd Owner, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assignees, jointly and severally, firmly by these presents; WHEREAS, the said Principal has entered into a written contract with the Owner dated for the work designated asMOSS ROAD BRIDGE IMPRO~id in WINTER SPRINGS in conformity with Contract Documents hereby referred to and made a part hereof, the same to all intents and purposes as if written at length herein, in which Contract the said Principal has contracted to perform the work specified in said Contract in accordance with the terms thereof; NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully perform the Contract on his (its) part, and satisfy all covenants, terms, conditions and agreements incurred by the Principal in the performance of said Contract, during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and shall satisfy all claims and demands arising thereunder, and shall fully indemnify and save harmless the Owner from all cost and damage which the Owner might suffer by reason of the failure of the Principal to do so, and shall fully reimburse and repay to the Owner all costs, damages, and expenses which the Owner may incur in making good any default by the Principal, including any default based upon failure of the Principal, to fulfill his obligation to furnish maintenance, repairs, or replacements for any period of time after the work is completed, if provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. IN ADDITION, the Principal and Surety, jointly and severally, expressly guarantee that all materials furnished and workmanship performed under the Contract and in the construction of the work shall fulfill all requirements of the Contract and the Contract Documents with respect to them. This bond shall remain in effect for a period of two years from the date of final acceptance. IT IS HEREBY STIPULATED AND AGREED that any suit based upon any default of the Principal in fulfilling his obligations to furnish maintenance, repairs, or replacements for any period of time after the Work is completed, if provided for in the Contract, may be brought at any time up to six months after the expiration of the time specified in the Contract during which the Contractor has agreed to furnish such maintenance or make such repairs or replacements. THE SAID SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. ( 1) Contractor (2) Sole Proprietor, Partnership, or Corporation (3) Surety (4) 110 percent of the Contract . . ~"'!'-"':'._"'~;"'~"~.'if1't'" IN WITNESS WHEREOF, this in original, this the day of (SEAL) (1) (SEAL) (1) Contractor (2) Surety ent is executed in several counterparts, each one of which shall be deemed an ,19_. INC. By: Title: R~te~ (2) RELIANCE INSURANCE Cgt?~ By: 6~~V . Title: BENJAMIN H. FRENCH (Attorney in Fact) & FL RESIDENT AGENT 352-694-9223 END OF SECTION t i I I I I I . I I I I I f I I I .1 I Or ~. tiEC nON OUb~O BOND NO. B2751660 LABOR AND MATERIALS PAYMENT BOND FORM PRIME CONSTRUCTION GROUP, mc. THIS INSTRUMENT VVlTNESSETH: That we (1) a (2) CORPORATION organized under the laws of the State of FLORIDA and regularly authorized to do business in the State of (3) as Principal, and we (4) RELIANCE INS. CO a (2) CORPORATIONorganized under the laws of the State of DELAWARE and regularly authorized to do business in the State of (3) FLORIDA as Surety, are held and firmly bound unto (5) THE CITY OF WINTER SPRINGSlereinafter called the Owner in accordance with a Contract hereinafter referred to, in the penal sum of (6) (338, 700.00) Dollars ($ ) lawful money of the United States, well and truly to be paid unto the said Owner, for the payment of which we bind ourselves, our-heirs, executors, administrators, successors and assignees, jointly and severally, firmly by these presents. WHEREAS, the ~gri~aRfJ tmnWEred into a written contract with the Owner dated for work designated as IMI?:ao't~~~ located in _ WINTER SPRINGS:onformity with Contract Documents hereby referred to and made a part ereo, he same to all intents and purposes as if written at length herein, in which Contract the said Principal has contracted to perform the work specified in said Contract in accordance with the terms thereof; NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully satisfy all claims and demands incurred by the Principal of said Contract, and shall pay all obligations arising thereunder, and shall fully indemnify and save harmless the Owner from all cost and damage which the Owner might suffer by reason of the failure of the Principal to do so, and shall fully reimburse and repay to the Owner all costs, damages, and expenses which the Owner may incur in making good any default by the Principal, and shall promptly make payment of prevailing wages to all persons supplying labor, equipment or materials for use in the prosecution of the work, whether by subcontractor or otherwise, and including all insurance premiums on said work as provided for in such Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. IN ADDmON, the Principal and Surety, jointly and severally, expressly guarantee that the Owner will be held harmless from any liens, claims, demands or obligations in conjunction with materials or services provided with respect to this Contract. This bond shall remain in effect for a period of one year from the date of final acceptance. The Owner may sue on this Bond, and any person furnishing material or performing labor, either as an individual or as a Subcontractor, shall have the right to sue on this Bond in the name of the Owner for his use and benefit. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. (1) Contractor (2) Sole Proprietor, Partnership or Corporation (3) State in which project is located (4) Surety (5) Owner (6) 100 percent of the Contract 00620-1 '... IN WITNESS WHEREOF I this instrum t is executed in several counterparts, each one of which shall be deemed an original, this the day of ,19_0 (SEAL) (1) (SEAL) (1) Contractor (2) Surety PRIME GROUP, INe. By: Roy W, Title: Pres~ (2) - RELIANCE INSURANCE BY 1 By: ~ ~=J Title: BENJAMIN H. FRENCH (Attorney in Fact) & FL RESIDENT AGENT 352-694-9223 END OF SECTION t I I I I I I I I I I I I I I I .1 I .-.... PRODUCER WALDORFF INSURANCE & BONDING, INC. P.O. BOX 886 MARY ESTHER, FLORIDA 32569-0886 BENJAMIN H. FRENCH 352-694-9223 o 18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER NORTHERN INSURANCE OF NEW YORK INSURED ~~T~~~NY B PINNACLE ASSURANCE CORPORATION PRIME CONSTRUCTION GROUP, INC. 5528 FORCE FOUR PARKWAY ORLANDO, FLORIDA 32809 ~~T~~~NY C ~~T~~NY D COMPANY E LETTER THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COMMERCIAL GENERAL LIABILITY CLAIMS MADEiX OCCUR. OWNER'S & CONTRACTOR'S 04/01/97 LIMITS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) DATE (MM/DD/YY) EPA25383598* , GENERAL AGGREGATE u;$~"OOQ, 000 PRODUCTS-COM PlOP AGG. ,'$2,OOQ,009 PERSONAL & ADV. INJURY '$J,,OOQ,009, EACH OCCURRENCE 1$1,009,009 FIRE DAMAGE (Anyone fire) ! $ 300,QQO MED. EXPENSE (Anyone person)! $ 10 000 COMBINED SINGLE LIMIT 000 ,XCU COVERAGE C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREJ AUTOS NON-OWNED AUTOS GARAGE LIABILITY ECA25065690 04/01/97 BODILY INJURY 04/01 /98 (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM UB25065690 04/01/97 EACH OCCURRENCE 04/01/98 AGGREGATE WORKER'S COMPENSATION B AND EMPLOYERS' LIABILITY 407904101 FLORIDA OPERATIONS ONLY 04/01/97 04/01/98 OTHER DESCRIPTION OF OPERA T10NS/!,.OCA TIONSIVEHICLE!l/SPECIAL ITEMS *It is hereby understood and agreed that the below named certificate holder and Conklin, Porter, d Holmes Engineer, Inc. 1104 E. Robinson Street, Orlando, Fl. 32801 are added as additional nsured as pertains to General Liability as respects this job only: IDSS ROAD BRIDGE IMPROVEMENT . THE CITY OF WINTERSPRINGS, FLORIDA 1134 E. STATE ROAD 434 WINTERSPRINGS, FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~ MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, "6,~~~'~"',5'.i'-.,c" F'~ _,_K,' ~'C~',,_" iAX,;,..."_<t .~....~ G/,,..!<. NOTICE TO PROCEED TO: Prime Construction Group 5528 Force Four Parkway Orlando, Florida 32809 DATE: SeDtember 29, 1997 PROJECT: Moss Road Bridge ImDrovements You are hereby notified to commence WORK in accordance with the Agreement dated Seotember 29. 1997 , on or before October 1. 1997 and you are to complete the WORK within 180 consecutive calendar days thereafter. The completion of all WORK is therefore March 29. 1998 . By ~.4c/ M ~- ~ . Name Ron McLemore Title City Manager ACCEPTANCE OF NOTICE Recei~ above N02f~CEED IS HEREBY ACKNOWLEDGED by this. day of. ' 191fZ. By 7~ fi" ~ ~~ ~~e. Title I