HomeMy WebLinkAbout2002 04 08 Consent B Southern Water Main Interconnect Contractual Agreement
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COMMISSION AGENDA
ITEM B
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
April 8, 2002
Meeting
MGR ~l!.EPT pY
Authorization
REQUEST: Utility Department Requesting Authorization to enter into a Contractual
Agreement for construction of the Southern Water Main Interconnect.
PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual
agreement with Prime Construction Group, Inc. of Orlando, Florida for the
construction of the Southern Water Main Interconnect Project at a cost of$187,330.00
plus a 10% contingency.
CONSIDERA TIONS:
This project is needed to provide for overall system reliability and to provide additional
fire protection for a portion of the Dunmar Estates and Tuskawilla Trail area. Bids for this
project were opened on March 27,2002 under Bid # ITB-011-02/GE. The City Clerks
summary is attached. The low bidder was Prime Construction Group, Inc. of Orlando, Florida,
with a bid of$187,330.00. The engineer's estimate of construction cost was $261,000.00.
The project scope of work includes all labor, equipment, and materials for the
installation of an 8" water main including fire hydrants and water services to connect the
existing water mains at Oak Forest Drive and Fisher Road. All permits and easements have
been received. The Capital Projects Coordinator recommendation is attached with the
engineers recommendation and agreement form.
FUNDING:
The proposed contract amount of$187,330.00 is slightly above the $150,000 budgeted
for this project in the 1997 Utility Construction Fund Capital Improvement Program. This is
the last project fi-om the 1997 Utility Construction Fund and any shortages will be funded from
the 200 Utility Construction Fund. The funds will be spent over the next 90 days
April 8, 2002
Consent Agenda Item B
Page 2
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RECOMME~~1\ TION:
It is [~corrimended that authorization be granted to enter into a contractual
Agreement with Prime Construction Group, Inc. for the construction of a the Southern Water
Main Interconnect system improvement at Dunmar Estates .at a cost of$187,330.00 plus a 10
contingency payable from the Utility Enterprise Fund-1 997 Utility Construction Fund.
IMPLEM.t:NTA TION SCHEDULE:
The scope of work will be completed within 90 days of issuance of the NTP.
ATTACHMENTS:
1. City Clerk Summary - Bid #ITB-004-02/GE
2. Proposal and Agreement
3. Capital Project Coordinator recommendation
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COMMISSION ACTION:
A TT ACHMENT NO. 1
BID NUMBER: ITB-Oll-02!GE
SOUTHERN WATER MAIN INTERCONNECT
BID CLOSING: MARCH 27, 2002
Bid Closing Was Called By:
Nancy Vobornik, Purchasing Coordinator
Bid Opened:
Bid Closed:
3:01 p.m.
3:05 p.m.
Witnesses:
Kipton D. LockculT, Public Works/Utility Department Director
Holly Pierstorff, Assistant To The City Clerk
Seven (7) Bids Received:
1. SUNSHINE BUILDING AND DEVELOPMENT CORP.
AGENT: MR. JOHN T. BUSH, PRESIDENT, 291 ANCHOR ROAD, CASSELBERRY, FLORIDA 32707
TELEPHONE: (407) 339-6721 FACSIMILE: (407) 331-7542
BID AMOUNT: $ 219,493.00
2. PRIME CONSTRUCTION GROUP, INC.
AGENT: MR. REYNOLDS C. HOLLMAN, VICE PRESIDENT, lQOO JETSTREAM DRIVE, ORLANDO,
FLORIDA 32824
TELEPHONE: (407) 856-8180 X 224 FACSIMILE: (407) 856-8182
BID AMOUNT: $ 187,330.00
3. C.F.E., CORP.
AGENT: MR. DAVID E. STALEY, PRESIDENT, 740 FL. CENTRAL PARKWAY #2032, LONGWOOD,
FLORIDA 32750
TELEPHONE: (407) 834-6115 FACSIMILIE: (407) 834-6391
BID AMOUNT: $ 310,488.25
4. GffiBS & REGISTER, INC.
AGENT: MR. JOHN W. GIBBS, PRESIDENT, 438 NORTH DILLARD STREET, WINTER GARDEN,
FLORIDA 34787
TELEPHONE: (407) 654-6133 FACSfMILIE: (407) 654-6134
BID AMOUNT: $ 268,000,00
5. WHITE'S SITE DEVELOPMENT, INC.
AGENT: MR. ROBERT M. WHITE, PRESIDENT, 4000 NYAHWHITE COVE, SANFORD, FL 32771
TELEPHONE: (407) 302-1549 FACSIMILIE: (407) 302-9101
BID AMOUNT: $ 221,412.00
6. ROE CONSTRUCTION & UTILITY SERVICES, INe.
AGENT: MR ALLAN ROE, PRESIDENT, P.O. BOX 950448, LAKE MARY, FLORIDA 32795-0448
TELEPHONE: (407) 324-0355 FACSIMILIE: (407) 320-7109
BID AMOUNT: $ 218,511.31
7. D & D CONSTRUCTION
AGENT: MS. DEBRA TOMLIN, PARTNER, 1527-B YAMPA AVENUE, CRAIG, COLORADO 81625
TELEPHONE: (970) 826-2652 FACSIM1UE: (970) 824-5380
BID AMOUNT: $ 291,228.10
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Holly Pierstorll: Assistant To The City Clerk
City of Winter Springs
A TT ACHMENT NO. 2
AGREEMENT
This Agreement made this day of 2002 between the CITY OF WINTER
SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State of
Florida, herein referred to as OWNER and PRIME CONSTRUCTION GROUP, INC. of 1000
Jetstream Drive Orlando, FL 32824, Orange County, 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 of the Southern Water
Main Interconnect, in accordance with the Contract Documents, at Winter Springs, FL..
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 issued prior to and 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 substantially 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 ($10.00) Dollars as consideration for this
provision.
5. CONTRACT PRICE,.UNIT PRffiE.GON-TRAS=r-- 'T-he'OWNER'will-pay-the-GOI'-HRAGT-eR~ ~~~.'--
in current funds for the performance of the work, subject to additions and deductions by Change
Order, the Total Contract Price of One Hundred Eighty Seven Thousand Three Hundred Thirty
and 00/100 Dollars ($ 187.330.00). 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:
(A)
(B)
Work is found defective and not remedied;
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 Substantial
Completion Certificate. The remaining 50% of the amount withheld shall 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 ProQress 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 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. ..
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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 and StoppaQe 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 CONTRACTOR's applications and OWNER's 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 - CONTRACTOR's duties and rights in connection
with the project herein are as follows:
a. Responsibility 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 Emplovment. 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, Furnishin!:J of Labor,'Materials,-etc. -CONTRACTOR-shall-proVide'andpay for' alllabbr,
materials and equipment, including tools, construction equipment and machinery, utilities,
including water,..transportation, and..aIl.other..f.acilities-ar-tQnservices--necessary-for-the. proJ'}er- __._~_
completion of work on 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 for CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar
year after acceptance by OWNER
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. ..
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11. MEDIA TIONNENUE - 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, postage prepaid, to the
applicable party at the address shown on the first page of this Contract.
Signed, Sealed and Delivered
in the presence of:
Contractor:
Name
Address and Telephone
Date
OWNER:
CITY OF WINTER SPRINGS
By: Ronald W. McLemore
City Manager
1126 East State Road 434
Winter Springs, FL. 32708
. 407-327-1800
. --.. ------- ~_.._.__..- --- ..+........ .-.-." ..- - -. . - -.- - --_.- --_. -.--- -.----. - --. --.- _._-.
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ATTACHMENT NO.3
MEMORANDUM
TO:
Kip Lockcuff, P.E., Utilities/Public Works Director
FROM:
George F. Edwards, P.E., Capital Projects Coordinator
RE:
Bid Analysis, Bid # ITB-011-02/GE
Southern Water Main Interconnect
DATE:
April 1, 2002
On Wednesday, March 27, 2002, the City of Winter Springs received seven bids for
the construction of the Southern Water Main Interconnect project in the Dunmar
Estates. The bids received were priced as follows:
Company
Prime Construction Group, Inc.
Roe Construction & Utility Services. Inc.
Sunshine Building & Development Corp.
White's Site Development, Inc.
Gibbs & Register, Inc.
D & D Construction
C.F.E., Corp.
Bid
$187,330.00
$218,511.31
$219,493.00
$221,412.00
$268,000.00
$291,229.50*
$310,488.25
The Engineer's detailed estimate of probable construction cost of the project was
$260,732.50. The amount budgeted was $150,000.00.
EVALUATION OF RESPONSIVENESS
The low bidder,-Prime.ConstructionGroup,-lnc; -provided- all required-documentation..-.---u----u
to establish bidder responsibility. The bid may be considered responsive.
EVALUATION OF RESPONSIBILITY
The references supplied_~y ~~ime ~~~st.r_l.JE.ti~11 ~.r.~~p,l_nc. .\l\fere ye.r.ifie~wjth
positive results. After review of the references, the Engineer, CPH, recommended
that the contract be awarded to Prime Construction Group, Inc.
FUNDING
The low bid of $187,330.00 is slightly above the amount budgeted for this project.
The funding source is the 1997 Utility Construction Fund.
RECOMMENDATION
In my opinion, an award of the Southern Water Main Interconnect Project to Prime
Construction Group, Inc. is in the best interest of the City.
IMPLEMENTATION SCHEDULE
...
The scope of work will be completed within 90-calendar days of the Notice to
Proceed.
Word-Soulh<..'Ill IJJtcn.;OJJJJcct-l~id ^nal~'sis/RccommCll(l:llion
.,
MEMORANDUM
TO:
Andrea Lorenzo-Luaces, City Clerk
FROM:
George Edwards, P.E., Capital Projects Coordinator
RE:
Documentation for Project #ITB 011-02lGE
Southern Water Main Interconnect
DATE:
April 24, 2002
Transmitted herewith are the following executed documents for your files:
1 ) Notice of Award
2) Notice to Proceed
3) Certificate of Liability Insurance
4) Performance and Labor and Materials payment Bonds
You have retained a signed copy of the Agreement.
(
NOTICE OF A WARD
TO: Reynolds C. Holiman, Vice President
Prime Construction Group, Inc.
1000 Jetstream Drive
Orlando, FL 32824
PROJECT DESCRIPTION: Southern Water Main Interconnect
Project #ITB 011-02lGE
The OWNER has considered the BID submitted by you for the above described WORK in
response to the Advertisement for Bids dated February 24, 2002, and information for Bidders.
You are hereby notified that your BID for the bid items in the amount of $187,330.00 has been
accepted
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. 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 rights arising out of the Owner's acceptance of your BID as abandoned
and your BID BOND shall be forfeited. 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 9th day of April, 2002
'By: . i? ~;./. m~
. I
'1
TitIG;.City Manager
ACCEPTANCE OF NOTICE
Receipt and acceptance of the above N TICE OF AWARD is hereby acknowledged by
~iver9ificd Drillihg Co. J.JuraliulI this h F\ ~ day of II (' e- ,<- , 2002.
tv' p.-t \.vIi. eCl :A':ri(tLCT,,- e,ru---f ~N:.- .
By
Title ? (u.jtc'T tJ. P (\. ~......
CITY OF WINTER SPRINGS, FLORIDA
Utility I Public Works
Department
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
LIMITED
NOTICE TO PROCEED
TO:
Reynolds C. Holiman, Vice President
Prime Construction Group
1000 Jetstream Drive
Orlando, FL 32824
DATE:
The Effective Date of this Limited Notice to Proceed is April 22. 2002
PROJECT:
Southern Water Main Interconnect
City of Winter Springs Bid No. ITB-Oll/02-GE
In accordance with the Agreement dated April 22, 2002, you are hereby notified to commence
WORK within 10 days and to complete the WORK 90 calendar days from the date of this
LIMITED NOTICE TO PROCEED. The completion date of all WORK described herein is
therefore July 21, 2002.
Description of Work:
All work except that in the Dunmar Circle Easement Area
..
I
By
I
I ~.~;I, Iv! 1U':z'1---
Name Ronald W. McLemore
. ',)
Title City Manager
,\ I
Word-Southem Water Main NTP
ACCEPTANCE OF LIMITED NOTICE TO PROCEED
Receipt of the above LIMITED NOTICE TO PROCEED is hereby acknowledged this.. Z.2--day
of t/Jtr;l 2002. /J~
By ~ i2vt._ '
,
Title I3JVf1~AJ
Wotd-Southem Waw Main NTP
t I
, I
ACORO,u CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY)
04/05/2002
PRODUCER 352-374-7779 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
WALDORFF INSURANCE & BONDING, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. BOX 886 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1881 HIGHWAY, 98 WEST I
MARY ESTHER, FL 32569-0886 I INSURERS AFFORDING COVERAGE
. __._.__0' ____._w "___"W_'___'__ _. . . . -" --..------ ___'..u___
INSURED i INSURER A: AMERISURE INSURANCE
PRIME CONSTRUCTION GROUP, INC. i~.~~~j~.~-:-,- _f8.~ Fq~liNSURA~NCE COMPANY
1000 JETSTREAM DR /INSURER c: +- -- -
!~~~~RER-;~.
ORLANDO, FLORIDA 32824 .- - - ------ - '- ..- . - -
; INSURER E:
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.
1~i'Jl ;~'~~~;;~;;;-~A'~C~ . ..-- .-... ...-- ._.~OLICY N-~.~~;R ,.. -- '--'p.oLley EFFECTIV.E:P~~iftEXPIRATI6N . .. .. . .
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LIMITS
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY:
. --... . --" CLAIMS MADE IX", OCCUR:
A-.)5_)<-CU COVERAGE ..
_~~ CONTRACTUAL L1AB.-- i
,G.~~'L AGGREGATE LIMIT AP~S PER::
POLICY ; Xl~Jlg: , , LOC :
I
AUTOMOBILE LIABILITY ,
.X.. ANY AUTO ,
EACH OCCURRENCE
$
1,000,000
300,000
10,000
.1,OOO,QQQ
__~Q9.Q,90_0_
... .~..999 !~O.o,
FIR.E DAMAGE (A~y o.~e li.re) .. $
CPP1322956*
01-01-02
01-01.03
MED E!,P (Any on" !,e~".on)
PERSONAL & ADV INJURY
$
$
..G_~NERAL~~~~E~A!~. ~.~
PRODUCTS, COMP/OP AGG . $
~--_._----,-
I
COMBINED SINGLE LIMIT
(Ea accidenl)
$
1,000,000
ALL OWNED AUTOS
CA 1322955*
01-01-02
01-01.03
BODILY INJURY
(Per person)
$
A
SCHEDULED AUTOS
X HIRED AUTOS
X NON,OWNED AUTOS
BODILY INJURY
(Per accidenl)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
AUTO ONLY, EA ACCIDENT $
-------- .+---
ANY AUTO
i
i
01-01-02 I 01-01-03
:
OTHER THAN
AUTO ONLY:
EA ACC $
_._------+~--_._--- --
AGG $
EXCESS LIABILITY
. - .. r--'-l
X OCCUR L.J CLAIMS MADE
EACH OCCURRENCE
. .~.'~OO"OOQ
._ ~_,gQO..OOO
A CU1322957 - COVERAGE
- IS A FOLLOW FORM
DEDUCTIBLE
X RETENTION $0 I
WORKERS COMPENSATION AND 42552"
EMPLOYERS' LIABILITY
B FLORIDA EMPLOYEES ONLY
OTHER I
A RENTED/LEASED EQUIP I IM1322959
: MOTOR CARGO COV 1M 1322959
01-01-02
01-01-03
$
$
$
----- - - --- - ---- -- - -_. ----" - - -
$
- .---.-----.---....-.. .----..--. .....-
$
__ T~~4'I~JH~~~;..:..___ ___n
~L. EACH ACCIDENT __..:.~,. _J:!9_0,QQ.q.
EL. DISEASE. EA EMPLOYEEI.!._______5ggP99
~~C DISEASE - POLICY LIMIT: $ 500,000
AGGREGATE
01-01-02
01-01-02
01-01-03
01-01-03
$5000 DEDUCTIBLE
$5000 DEDUCTIBLE
$600,000
$250,000
:::::::::~~:~r:~~~ ~~ ~~~~~'!'~c~~e!!..cC~!!C~S.f\!!:!_!!C!...!:S!!:~C!...~~!0~~ .A.~~~~ ~v EtlU)t)A~a::UF=NT~Pa::r.14L PR(lVt..510NS
*IT IS HEREBY UNDERSTOOD AND AGREED THAT CITY OF WINTER SPRINGS, CPH ENGINEERS, INC., THEIR CONSULTANTS,
OFFICERS, DIRECTORS, PARTNERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS ON GENERAL LIABILITY FOR THE
FOLLOWING JOB ONLY: SOUTHERN WATER MAIN INTERCONNECT; PROJECT NO. ITB011-02/GE
HWAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION AND GENERAL LIABILITY
CERTIFICATE HOLDER
: ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
CPH ENGINEERS, INC.
1117 E ROBINSON ST
ORLANDO, FL 32801
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTiCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ( /...L....... ~ ~
Benjamin H. French ~
@ACORD CORPORATION 1988
I
ACORD 25-S (7/97)
PERFORM( CEANDPAYMENTBOND
(Public Work)
In compliance with F.S. Chapter 255.05(1)(a)
BOND NO.:
049SB 103331610BCM
CONTRACTOR NAME:
Prime Construction Group, Inc.
CONTRACTOR ADDRESS: P.O. Box 590507
Orlando, FL 32859
CONTRACTOR PHONE NO.: 407-856-8180
SURETY COMPANY:
Travelers Casualty & Surety Company of America
P.O. Box 4992
Orlando, FL 32802
407-649-2738
Benjamin H. French
352-374-7779
SURETY AGENT:
OWNER PHONE NO.:
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
407-327-1800
OWNER NAME:
OWNER ADDRESS:
OBLIGEE NAME:(lfcontracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT: $206,063.00
CONTRACT NO.:(lfapplicable)
DESCRIPTION OF WORK: Southern Water Main Interconnect
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
Bond # 049SB 10333161 OBCM
SECTION 00605
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Prime Construction Group, Inc.
(Name of CONTRACTOR)
P.O. Box 590507, Orlando, FL 32859-0507
(Address of CONTRACTOR)
a Corporation
, hereinafter called
hereinafter called Surety, are held and firmly bound unto the Citv of Winter Sprinqs,
hereinafter called OWNER, in the full and just Sum Of
Two hundred six thousand sixty-three DOLLARS, ($206,063.00 ) 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 not be less than one hundred
ten percent (110%) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
Agreement with the OWNER, dated the day , _' a copy of
which is hereto attached and made apart hereof for the construction of the Southern Water Main
Interconnect
This bond is being entered into to satisfy the requirements of Sectio~ 255.05(1), Florida Statutes
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements to
the same extent as CONTRACTOR is bound.
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 insurance provisions,
guaranty period and the warranty provisions, in the time and manner prescribed in the
Agreement, and
00605-1
2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs
and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains
resulting directly or indirectly from any breach or default by Principal under the Agreement,
and
3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and
holds harmless the OWNER from all costs and damages which it may suffer by reason or
failure to do so, then this bond is void; otherwise it shall remain in full force and effect.
4. This Bonds shall remain in effect for at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or Regulations or by the Contract
Documents.
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.
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 the OWNER
for all such loss or damage.
. In the event that the Surety fails to fulfill its obi igations under this Performance Bond, then
the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage. cost
and expense, including reasonable attorneys'fees and costs for all trial and appellate proceedings.
resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This
subsection shall survive the termination or cancellation of this Performance Bond.
The Surety stipulates and agrees that its obligation is to perform the Principal's work under
the Agreement under the Bond. The following shall not be considered performance under the
Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract
Documents, (ii) Surety's offers to OWNER to buy back the Bond. and (iii) Surety's election to do
nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the
Surety. The Surety agrees that its obligation under the 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 Principal's Contract Price or (ii)re-bid and re-Iet the Principal's Work to a completing contractor
with Surety remaining liable for the completing contractor's performance of the 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
OWNER.
The Surety, for value received, hereby stipulates and agrees that its obligations hereunder
shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its
remedies against Principal. shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the Surety's
knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted
by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal
from its obligations under the Agreement 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
limitation of the liability or Principal or its estate as a result of any such proceeding.
00605-2
Any changes in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall not
affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes.
Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in
accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement
and Contract Documents,
The Labor and Materials Payment Bond and the Performance Bond and the covered
amounts of each are separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05(1), Florida
Statutes, as amended, and additionally, to provide common law rights more expansive than as
required by statute. The Surety agrees that this Bond shall be construed as a common law bond.
IN WITNESS WHEREOF, this instrument is executed thi the
, President
Thomas M. Per ley
Typed Name
(CORPORATE SEAL)
P.O. Box 590507
Address
/jJJ
Orlando, FL 32859-0507
City, State, Zip
(Witness to Principal)
Mark A. Allen
Typed Name
407 -856-8180
Telephone No.
407 -856-8182
Facsimile No.
ATT~S : . .'
~. \ A ~ ,
By .. ~)t\U J l\lJ,J,llJ~N~~
(Surety) Secretary
Robin Williams
Typed Name
Travelers Casualty & Surety Company of America
Surety
407-649-2738
Telephone No.
407-649-2712
Facsimile No.
(CORPORATE SEAL)
00605-3
~~~,l)l .1 (\hj~W~Yk:
Witness as to Surety
B~
A 0 ney-m-Fact & Fla. Resident ~.gel1t
Robin Williams
Typed Name
Benjamin H. French
Typed Name
9~(\.lo~
Witness as to Surety
P.O. Box 90027
Address
Paul A. Locascio
Typed Name
Gainesville, FL 32607
City, State, Zip
352-374-7779
Telephone No.
352-374-8179
Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall
execute the Bond.
IMPORTANT: Surety companies executing Bonds must appea ron 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 OWNER.
ATTACH a certified Power-of-Attorney appointing individual Attomey-in-Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00605-4
(
Bond # 049SB103331610BCM
SECTION 00610
LABOR AND MATERIALS PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Prime Construction Group, Inc.
(Name of CONTRACTOR)
P.O. Box 590507, Orlando, FL 32859-0507
(Address of CONTRACTOR)
a Corporation
hereinafter after called
(Corporation, Partnership or IndMdual)
Principal, and Travelers Casualty & Surety Company of America
(Name of Surety)
P.O. Box 4992, Orlando, FL 32802
(Address of Surety)
hereinafter called Surety, are hold and firmly bound unto the Citv of Winter Sprinqs, hereinafter
called OWNER, in the full and just Sum of Two hundred six thousand sixty-three DOLLARS, ($
206,063.00 ) 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 not be less than one hundred ten percent (110%) of the Contract Price,
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
Agreement with the OWNER, dated the day of : _, and made a part
hereof the construction of Southern Water Main Interconnect.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements to
the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly
make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
Principal 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 Bond is furnished for the purpose of complying with the requirements of Section
255.05, Florida Statutes, as the same may be amended.
2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and
who has not received payment for his labor, Materials or supplies shall, within forty-five (45)
days after beginning to furnish labor, Materials or supplies for the prosecution of the Work,
furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection.
00610-1
(
A Claimant who is not in privity with the CONTRACTOR and who has not received payment
for his labor, Materials or supplies shall within ninety (90) days after performance of the
labor or completion of delivery of the Materials or supplies, or, with respect to rental
equipment. within 90 days after the date that the rental equipment was last on the job site
available for use, deliver to the 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 the 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.
3. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder
shall remain in full force and effect notwithstanding (i) amendments or modifications to the
Agreement entered into by OWNER and Principal without the Surety's knowledge or
consent, (ii) waivers of compliance with or any default under the Agreement granted by
OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of
Principal from its obligations under the Agreement 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 limitation of the liability or Principal or its estate as a result of any such
proceeding.
4. Any changes in or under the Agreement or Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein
shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any
such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall
increase or decrease in accordance with the Change Orders (unilateral and bilateral) or
other modifications to the Agreement or Contract Documents.
5. The Performance Bond and the Payment Bond and the covered amounts of each are
seperate and distinct from each other.
6. This Bonds shall remain in effect for at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or Regulations or by the Contract
Documents.
IN WITNESS WHEREOF, this instrument is executed this the
20
By (Sign
ATTEST:
President
Thomas M. Per ley
Typed Name
(CORPORATE SEAL)
P.O. Box 590507
Address
00610-2
, ,.
r
j(~J'
Witness to pri~
Orlando, FL 32859-0507
City, State, Zip
Mark A. Allen
Typed Name
w0:::t &{;~jL-
Cheryl Reimann
Typed Name
ATTEJ} .-
By~t~l i\,llA )t ()( V(~/lllk
- - ~-
(Surety) Secretary
. Robin Williams
Typed Name
Travelers Casualty & Surety Company of America
Surety
407-649-2738
Telephone No.
407-649-2712
Facsimile No.
~TESEAL) _ .
,. ; I ,
iU J" J ~~t( N~~
Witness as to Surety .
B
Robin Williams
Typed Name /)
~~ (}...~
Witness as to Surety
Paul A. Locascio
Typed Name
Benjamin H. French
Typed Name
P.O. Box 90027
Address
GainesviUe, FL 32607
City, State, Zip
352-374-7779
Telephone No.
352-374-8179
Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall
execute 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 OWNER.
ATTACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution
of Payment Bond on behalf of Surety.
END OF SECTION
0061 0-3
AGREEMENT
This Agreement made this -:22ii..~ day of!:YwC. ,2002 between the CITY OF WINTER SPRINGS
of 1126 East State Road 434, Winter Sp~orida 32708, Seminole County, State of Florida,
herein referred to as OWNER and PRIME CONSTRUCTION GROUP, INC. of 1000 Jetstream Drive
Orlando, FL 32824, Orange County, 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 of the Southern Water
Main Interconnect, in accordance with the Contract Documents, at Winter Springs, Florida.
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 issued
prior to and 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 - At OWNER's sole election, OWNER may choose to complete the project
in stages. As such, OWNER may issue Limited Notices to Proceed for completion of the
various stages by CONTRACTOR. The CONTRACTOR shall begin work within 10 days
after the issuance of a written Notice to Proceed and shall substantially complete the work
described in said Notice to Proceed 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. UQUIDA TED 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 sum of Ten
($10.00) Dollars and other good and valuable consideration, the receipt of which is hereby
acknowledged by CONTRACTOR.
5. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR
in current funds for the performance of the work, subject to additions and deductions by
Change Order, the Total Contract Price of One Hundred Eighty Seven Thousand Three
Hundred Thirty and 00/100 Dollars ($ 187,330.00). 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. No other compensation shall be due from OWNER to CONTRACTOR
under this Agreement, unless otherwise provided in writing by OWNER's City Manager.
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:
(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
Substantial Completion Certificate. The remaining 50% of the amount withheld shall 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;
(8) 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. DESIGNA TION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES AND
AUTHORITY - The duties and authority of the City are as follows:
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.
Inspections, Opinions, and Progress 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 construction, or
for the sequences, methods, and procedures used therein, or for the
CONTRACTOR's failute to perform the work in accordance with the Contract
Documents.
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
2
and reporting on work progress, and any such inspections shall not waive Owner's
claim regarding defective work by Contractor.
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.
Rejection and Stoppage 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 CONTRACTOR's applications and OWNER's
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 - CONTRACTOR's duties and rights in connection
with the project herein are as follows:
a. Responsibility 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. Furnishing 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 on 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 for CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar
year after acceptance by OWNER
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. MEDIA TIONNENUE - 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.
3
12. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the
applicable party at the address shown on the first page of this Contract.
13. INDEMNIFICA TION AND HOLD HARMLESS - For all work performed pursuant to this
Agreement, CONTRACTOR agrees to the fullest extent permitted by law, to indemnify and
hold harmless the OWNER, and its commissioners, employees, officers and city attorneys
(individually and in their official capacities) from and against any and all c:airns, losses,
damages, personal injuries (including but not limited to death), or liability (including
reasonable attorneys fees through all admini$trative and appellate proceedings); directly or
indirectly arising out of or resulting froni any act or omission of CONTRACTOR, and its
employees, agents, and contractors under this Agreement and/or in default of this
Agreement.
14. SOVEREIGN IMMUNITY - Nothing contained in this Agreement shall be construed as a
waiver of the OWNER's right to sovereign immunity under Section 768.28, Florida Statutes,
or other limitation imposed on the OWNER's potential liability under state and federal law.
15. DUN MAR HOMEOWNER'S ASSOCIATION - The CONTRACTOR hereby acknowledges
that the Dunmar Homeowner's Association and representatives or members thereof
(hereinafter "Association") have threatened or already filed litigation against OWNER and
certain property owners regarding OWNER's desire to complete a portion of the Project
under this Agreement on, above, or under property located within the boundaries of the
Association. Because of the aforesaid, CONTRACTOR also acknowledges that litigation
involving this Project may result in construction delays or suspensions due to court
proceedings or until such time as a final disposition of the litigation has been rendered by a
court 0 competent jurisdiction. As such, OWNER and CONTRACTOR agree as follows:
a. OWNER shall have the right to delay, suspend, or cancel all or part of the
Project due to litigation filed by the Association or any other person relating to the
completion of this Project.
b. During the first year and one-half of this Agreement, CONTRACTOR agrees not to terminate
this Agreement because of any litigation filed by the Association or any person
relating to the completion of this Project.
c. CONTRACTOR agrees to maintain the Contract Price for a period of six (6) months; after
which, in the event the Project is delayed or suspended because of any litigation filed
by the Association or any person relating to the completion of this Project, OWNER
agrees to negotiate with CONTRACTOR in good faith to adjust the Contract Price for
work not yet performed in the amount of the Contract Price for work not yet performed
plus five percent (5%) of that amount or plus the increase of the Producer Price Index
(PPI), from the effective date of this Agreement, whichever is greater.
d. CONTRACTOR acknowledges that the work scheduled to be performed within the
boundaries of the Association is located within easements acquired by OWNER from
private individuals. CONTRACTOR agrees to carefully review these easements and
that CONTRACTOR shall be solely responsible to ensure that all work performed by
CONTRACTOR and it~ employees, agents, and contractors within the boundaries of
the Association shall be conducted only within the boundaries of said easements.
e. If work under the Agreement is suspended by OWNER because of the aforementioned
litigation after a Notice to Proceed is delivered to CONTRACTOR by OWNER, and
CONTRACTOR is required to remove significant equipment and labor from the
Project site and later remobilize such equipment and labor to complete the Project,
4
OWNER agrees to pay CONTRACTOR for all of CONTRACTOR's reasonable out-of-
pocket expenditures for bonding, equipment mobilization, and other reasonable
Project expenses incurred as a result of the suspension of work under this
Agreement.
PROJECT UNIT PRICES - OWNER and CONTRACTOR acknowledge that a certain amount of
materials, labor, equipment, subcontracts, and job overhead ("Project Expenses") are
required to complete the Project in accordance with the originai bid specifications and that
CONTRACTOR's bid Contract Price reflects a unit cost for Project Expenses based on the
original bid specifications. In the event the litigation described in Paragraph 15 causes the
bid specifications of the Project to change, and said change results in OWNER reducing the
amount of Project Expenses by fifteen percent (15%) or more, OWNER and CONTRACTOR
shall negotiate in good faith new unit prices based on the work actually performed by the
CONTRACTOR to complete the Project. The new unit prices shall be reasonable and within
industry standards based on the total amount of work actually performed by CONTRACTOR
to complete the Project and Project Expenses.
17. CONTRACTOR HOLD HARMLESS - Excluding for the acts or omissions of CONTRACTOR,
and its employees, agents, and contractors, OWNER agrees to hold CONTRACTOR
harmless from any litigation brought .forth by the Association inst CONTRACTOR or
OWNER involving the Project under this Agreement.
Signed, Sealed and Delivered
in the presence of:
tkffr~~
w. Smith, Jr. President
Oria.ndo FL 32824
Address a d Telephone 407-856-8180 .
Date 4 - 1 8 - 0 2
OWNER:
CITY OF WI NTER SP-RI NGS
!?~ Jd.W "P
By: Ronald V\l.' Mcl~$more
City Mar::::ger I.
1126 East'Sta-te Road 434
Winter Sprin,gs, FL. 32708
407-327-1800
5