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Home My WebLink AboutPrime Construction Group, Inc. Agreement Form -1996 11 25AGREEMENT FORM 1. GENERAL 1.01 THIS AGREEMENT, made this~ay of November, 1996, by and between 11) the City of Winter $DfInOS ,hereinafter called the Owner, and (2) Prime Construction Group Inc. doing business as a (3) Corporation ,and hereinafter called the Contractor. 1.02 WHEREAS, the Owner and the contractor are desirous of entering into an Agreement for construction of the Hayes 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. Scope of Work -The Contractor shall perform all work required by the Contract Documents for the construction of Hayes Road Bridge Replacement 3. Contract Time -The Contractor shall begin work within ten 110) days after the issuance of a written Notice to Proceed and shall complete the work within one hundred eighty 1180) calendar days from the date of the Notice to Proceed. 4. L~uidated 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 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 Ibut not as a penalty) CONTRACTOR shall pay OWNER 5500.00 for each day that expires after the time specified in Paragraph 3 for final completion until the work is finally complete. 5. Contract Price, Lump 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 Forty-Eight Thousand Eight Hundred Dollars 15348,800.001. 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. 6. Payments -The Owner will make payments as provided in the General Conditions and Supplementary Conditions. 7. Engineer - 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. 111 Owner 12- Contractor 13- Sole Proprietor, Partnership, or Corporation 00500-1 ___ :. , 8. Bond -Contractor shall supply a materials, performance and payment bond 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 casue of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 10. Contractor warrants the Hayes Road Bridge Replacement and Associated Drainage Improvements 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: Name of Firm By (Signature and oy w. Sm1.tt1, .7r. Attest Thomas M. Per OWNER: ISeal1 President y Secretary/Treasurer The City of Winter Springs Name of Firm `+J- ~ (Seal) B (Signature and Title) Ron McLemore, City Manager Gv Zc--~~ Attest ~ END OF SECTION 00500-2 Y) a1:11ia~ CERTIFICATE OF INSURANCE M TU ® 6 11 96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WALDORFF INSURANCE & BONDING, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. BOX 886 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MARY ESTHER, FLORIDA 32569-0886 COMPANIES AFFORDING COVERAGE _ BENJAMIN H. FRENCH COMPANY (352) 629-4454 _____ _____ A MARYLAND CASUALTY COMPANY INSURED COMPANY PRIME CONSTRUCTION GROUP, INC. _ B RISCORP INSURANCE COMPANY 5528 FORCE FOUR PARKWAY COMPANY ORLANDO, FLORIDA 32839 C COMPANY D COVERAGES 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. - ---- --- ---- - - CO LTR T ~ TYPE OF INSURANCE ------- -- _ _ - POLICY NUMBER --- - POLICY EFFECTIVE DATE (MM/DD/YY) ---- POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GE NERAL LIABILITY GENERAL AGGREGATE $ 2 000 000 A - MMERCIALGENERALLIABILITY co ~-- EPA2538598* 04/01/96 04/01/97 PRODUCTS-COMP/OPAGG $ 2 000 000 _ I-- CLAIMS MADE 1 OCCUR PERSONAL & ADV INJURY $ 1 000 000 j OW NER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1 000 000 A X FIRE DAMAGE (Any one fire) $ 300 000 MED EXP (Any ane person) $ 10 Q00 AU TOMOBILE LIABILITY A _X ~ ANYAUTO ECA25065690 04/01/96 04/01/97 COMBINED SINGLE LIMIT $ 1 000 000 r ALL OWNED AUTOS BODILY INJURY $ I ~ SCHEDULED AUTOS (Per person) X HIRED AUTOS I BODILY INJURY - $ X NON-OWNED AUTOS (Per accident) ---- PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 1 000 000 A X UMBRELLA FORM UM86895332 04/01/96 04/01/97 AGGREGATE $ OTHER THAN UMBRELLA FORM i $ WORKERS COMPENSATION AND ' STATUTORY LIMITS B EMPLOYERS LIABILITY 62023-000 04/01/96 04/01/97 EACH ACCIDENT $ lOO,000 THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL DISEASE -POLICY LIMIT $ SOD, OOO OFFICERS ARE: EXCL DISEASE -EACH EMPLOYEE $ lOO, OOO OTHER I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS kRE: HAYES ROAD BRIDGE IMPROVEMENT. IT IS HEREBY UNDERSTOOD AND AGREED THAT THE BELOW-NAMED CERTIFICATE HOLDER, CONKLIN, PORTER AND HOMES-ENGINEERS, INC., P. 0. BOX 2808, SANFORD, FLORIDA 32772-2808, THE ARCHITECT, AND THEIR CONSULTANTS, ARE TO BE NAMED ADDITIONAL INSURED WITH RESPECT TO THIS PROJECT ONLY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF WINTER SPRINGS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~~~X MAIL 1134 E. S.R. 434 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WINTER SPRINGS, FLORIDA 32708 ~~i~~~~,~X~~~}~~,~~~~~~~j~~ ~rX$,~~X7XXX X Xs$IXo~bX3ir~X~siErXrX AUTHORIZED TIV ACORD 25-S (3/93) B H . $N H +~ A, f ORD CORPORATION 1993 RELIANCE SURETI' C01iPANl' RELIANCE INSURANCE C011PANl' UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEA~TITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of DsM aware, and that RELIANCE INSURANCE COMPANY end UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Benjamin H. French, Dale Waldorff, Uoyd H. Waldorff, Beverly W. Crews., of Mary Esther, Florida their true and lawful Attorneyls)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds end undertakings of suretyship end to bind the Companies thereby es fully and to the same extent es if such bonds end undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, end hereby ratifies end confirms all that their said Attorneyls--in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, end RELIANCE NATIONAL INDEMNITY COMPANY which provisions ere now in full force and effect, reading as follows: ARTICLE VII • EXECUTION OF BONDS ANO UNDERTAKINGS 1. TM Bond e/ Dinetors, tlr Praaidam, tM Chairman of tM Boyd, arty Senor Via Praewlsrtt, any Via PresiMnt er Aaaiatan[ Vip President er ether eN,ur dasignstad by the Bond of Dseetan shell haw Power and a1rth0lkY to NI appoint Attorrgylsl-inFect eM to suther¢e tfwn to eaeeute en behalf of tM Company, bonds erd vderukinee, reeoprrtrtoee, eomreets of irdemnity and sew wminps oblipatery in tits rteture threof, and Ib) to remove any each AttarrgylsFirrFaet at any bma end rwolu tM Power and authwitY Oivsn to them. 2. AttomeYbl-in•Faet shell hwe power and iwlherky, aubjset to tfq temq and bmitatiorr of the Power of AttongY glued to tlrm, [e eaeeute debve. on Mhalf of tlr Company, bents and vtdwtittunge, neagrstartoss, etxitraas of trdemnitY erd otMr writings obMpetery m tM rgtve tlrnof. TM earPOrau wN q not rruasry for tlq valdity of any bonds end undertakings, reeegrtaartna, eomrads of irdamnty and otfgr wrmrps obligatory in the nature tlrreof. 3. AttorrrYbl-in-Fact shNl have power and authority to aaeeuta affdawq raqurad to ba atucMd to bonds, reeognuenus, eontraeu of iMsmrvty w otfgr eordmonal or obligtlery utesrtakings and tlgY shell aNo Mw power and authorrtY to prtify tlq hnarteiN statement of the CemPMY and to copies of the BY•Laws of tM ComPanY or any erode or wcnon tlweof. Tfr Power of Attorrry a a,grted and waled by fapim,ls order srd by authority of the lollowmg resolution adopted by tM Executive and (manes Commrttaes of tfq Boards of Duscton of RaYartca Irwanw Company, Unted Paeifie Irwaanca Company and Rabartn NstiorW IntlarttrvtY Company by Unanmou Cenaanr tlated M of February 28, 1894 and by the Exscuuve and firtarteial Cornmittea .,r tM Bosrd of Direeten of Retiana Surety Cempsny by Unanmoo Cerwnt dated r of Marsh 31, 1884. 'Rswlvad [hat tM WBnaturw of each duadore and oflitgn and [Ir seal of tlq Company may be afhxad to any such Power of Attorrgy or any urnhutes relanrp tlgnto by faeeintils,srd any ouch Poway of Anorrgy or eartifiena bearirq each IawmM sigrgturp er lawimde wal shall b• valid and biMirtp upon ohs Company and any tueh Power se executed and twtiliad by fepimiN eignattap and fatsimila wal shell rt. valid and birdirtg upon tlq Company, in tfq luture with respect to any bond or tadertaltirp to which it i attadted.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 7, 1995. RELIANCE SURETY COMPANY ` ratan, " RELIANCE INSURANCE COMPANY UNTIED PACIFIC INSURANCE COMPANY ~~~r~~yr~ ~`c~'.~~ ~~'~. W~4 ~~ojrow~4.• RELI/~-CE/NATIONAL EMNTfYCOMPANY w SEAL ` 's~ t ~ t teas + • 6 O 'aa~ ~"'a't'~a~• ~.,re...c•'~, ~)a~~OM~ ire CLAW/.~ J` • •...,e STATE OF Pennsylvania COUNTY OF Philadelphia ss. On this, July 7, 1995, before me, Valencis Wortham, personally appeared Chsrles B. Schmalz, who acknowledged himself to be the Executive Vice President of the Reliance Surety Company, end the Vice President of Reliance Insurance Company, United Pacific Insurance Company, end Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. ry ~o"wF NOTA9!AL SEAL ~~~~ ~~~~` VALENCIA WORTHP.~A. Notary Public ~ ~ ~ `~'1 City of Philadelphia. Phila. County ~ M Commission ExD~res Nov. tg. ;ggg ,f y v~` Notary Public in and for the State of Pennsylvania Residing at Philadelphia I, Anita 2ippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed thea6a;s of said Companies this day of 19 ~+ ,g+~;!~e~` Secretary R r e~ ~i ~`. noeo+o~ei ~~' r ~~ ~ a'` tSP~ay4' ~ t It tsag + i b SEAL i . ~ SIf~L ; ! \~` ecr>+ ~+ w GOIAWA arbrn~re'~