HomeMy WebLinkAboutPrime Construction Group Agreement -1997 09 29
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AGREEMENT
1.
GENERAL
THIS AGREEMENT, made this~ day of ~,.f. ,1997, by and between
the Citv of Winter Sorinas , hereinafter calle~ the OWNER, and
Prime Construction Grouo. Inc. doing business as a
Corooration , and hereinafter called the CONTRACTOR.
1.01
1.02
WHEREAS, the OWNER and the CONTRACTOR are desirous of entering into an Agreement for
construction of the Reolacement of Lift Station 7W Re-Bid 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 Lift Station 7W Re-Bid .
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 twenty (120) 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 agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $100.00 for each
day that expires after the time specified in Paragraph 3 for final completion until the work is finally
complete.
5. Contract Price. Lumo Sum Contract - The OWNER will pay the CONTRACTOR in current funds
for the performance of the work" subject to additions and deductions by Change Order, a Total Contract
Price of Fiftv-three Thousand Eiaht Hundred and 00/100 Dollars ($ 53.800.00 ) for the base bid.
The CONTRACTOR submits a price for the re-coating of the wetwell to include all necessary by-pass
pumping and safety requirements to complete the work. The Total Price for Additive Bid Item 1 is
Ten Thousand Five Hundred and 00/100 Dollars ($ 10.500.00). 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. Additive Bid Item 1 is included in this
contract.
6. Pavments - The OWNER will make payments as provided in the General Conditions
and Supplementary Conditions.
00500-1
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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 Lift Station 7W Reolacement Re-Bid 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:
(Seal)
y w. Smit;., jr/
resident ~.
Holiman Vice President
OWNER:
The Citv of Winter Sorinas
Name of Firm
(Seal)
By: Ron McLemore, City
~~~. Y14~~.~
Attest
00500-2
WALDORFF INSURANCE & BONDING, INC.
P.O. BOX 886
MARY ESTHER, FLORIDA 32569-0886
BENJAMIN H. FRENCH
352-694-9223
ISSUE DATE (MM/DD/YY)
09/18/97
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.
PRODUCER
COMPANIES AFFORDING COVERAGE
f~~~NY A
NORTHERN INSURANCE OF NEW YORK
INSURED
COMPANY B
LETTER
PINNACLE ASSURANCE CORPORATION
PRIME CONSTRUCTION GROUP, INC.
5528 FORCE FOUR PARKWAY
ORLANDO, FLORIDA 32809
COMPANY C
LETTER
VALIANT INSURANCE COMPANY
COMPANY D
LETTER
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.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION'
DATE (MM/DD/YY) DATE (MM/DD/YY)
LIMITS
DESCRIPTION OF OP!iRATIONS/.l-OCATlONS/v,EHICL~/SPECIAL IT.c:MS . . .
*It is hereoy unaerstooa ana agreea that the below named certlflcate holder and Conklln, Porter,
and Holmes Engineer, Inc. 1104 E. Robinson Street, Orlando, Fl 32801 are added as additional
insured as pertains to General Liability as respects this job only: REPLACEMENT OF LIFT STATION
THE CITY OF WINTERSPRINGS,
1134 E. STATE ROAD 434
WINTERSPRINGS, FLORIDA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIR1BON DATE THEREOF, THE ISSUING COMPANY WILL~
MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,