2012-23 1 9 2010
CONTRACTOR AGREEMENT viARK CONSTRUCTION
THIS AGREEMENT, made and entered into this 10th day of April 2012, A.D., by
and between the City of Clermont, 685 W. Montrose Street, Clermont, Florida (hereinafter
referred to as "OWNER "), and Mark Construction Co., a Florida Corporation, 471 Gold Medal
Ct., Longwood, FL 32750 (hereinafter referred to as "CONTRACTOR ").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follows:
SECTION I - SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, 'equipment, machinery, tools, apparatus
and transportation and perform all of the work descnbed in the specifications entitled:
RFB 12 -013, Construction of Jenkins Community Center Replacement plus Alternate 3,
Desoto /Lake Streetscape,
as prepared by OWNER and its agents shall do everything required by this Contract and the
other Contract Documents contained in the specifications, which are a part of these Documents.
SECTION II - THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR, for the faithful performance of the Contract, in
lawful tender of the United States, and subject to addition and deductions as provided in the
Contract Documents and the Unit Price Schedule, attached hereto and incorporated herein as
Exhibit "A." The total contract sum shall not exceed THREE MILLION ONE HUNDRED
THIRTEEN THOUSAND AND FIVE HUNDRED DOLLARS ($ 3,113,500.00).
SECTION III - COMMENCEMENT AND COMPLETION OF WORK
1) The CONTRACTOR shall commence work within 10 calendar days after receipt of (i)
Notice to Proceed, (ii) receipt of all permits required to perform the work, and the
CONTRACTOR will substantially complete the same within three hundred (300) calendar days,
unless the penod for completion is extended otherwise by the CONTRACT DOCUMENTS.
Substantial Completion as provided herein shall be the day the project or designated portion
thereof is certified by the OWNER's Architect as sufficiently complete, in accordance with the
Contract Documents, so the OWNER can occupy or utilize the work or designated portion
thereof for the use for which it is intended.
2) The CONTRACTOR shall prosecute the work with faithfulness and diligence
3) The CONTRACTOR further declares he has examined the site of the project site and that
from personal knowledge and experience he has made sufficient investigations to fully satisfy
himself that such site is correct and suitable for the work and he assumes full responsibility
therefore. The provisions of this Contract shall control any inconsistent provisions contained in
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the specifications. All Drawings and Specifications have been read and carefully considered by
the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be
done. It is expressly agreed that under no circumstances, conditions or situations shall this
Contract be more strongly construed against the OWNER than against the CONTRACTOR and
his Surety.
Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted and
construed by the OWNER's designated Project Manager after consultation with the Project
Architect, and the OWNER's Project Manager's decision shall be final and binding upon all
parties, provided the OWNER agrees.
It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of
the work or material by the OWNER or by any agent or representative as in compliance with the
terms of this Contract and/or of the Drawings, Plans and Specifications covenng said work shall
not operate as a waiver by the OWNER of stnct compliance with the terms of this Contract
and/or the Drawings and Specifications covenng said work;, and the OWNER may require the
CONTRACTOR and/or his Surety to repair, replace, restore and/or make to comply strictly and
in all things with this Contract and the Drawings and Specifications any and all of said work
and/or materials which within a period of one year from and after the date of the passing,
approval, and or acceptance of any such work or material, are found to be defective or to fail and
in any way to comply with this Contract or with the Drawings and Specifications. This provision
shall not apply to matenals or equipment normally expected to deteriorate or wear out and
become subject to normal repair and replacement before their condition is discovered. The
CONTRACTOR shall not be required to do normal thamtenance work under the guarantee
provisions. Failure on the part of the CONTRACTOR and/or his Surety, immediately after
Notice to either, to repair or replace any such defective materials and workmanship shall entitle
the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such
replacement and/or repair from the CONTRACTOR and/or his Surety, who shall in any event be
jointly and severally liable to the OWNER for all damages, loss and expense caused to the
OWNER by reason of the CONTRACTOR'S breach of this Contract and/or his failure to comply
strictly and in all things with this Contract and/or his failure to comply strictly and in all things
with this Contract and with the Drawings and Specifications.
4) As -built drawings, warranties acceptable to OWNER must be submitted to the OWNER
before final payment will be made to the CONTRACTOR.
SECTION IV - AUTHORIZED REPRESENTATIVES
1) Before starting work, CONTRACTOR shall designate a competent, authorized
representative acceptable to OWNER to represent and act for CONTRACTOR and shall inform
OWNER in writing, of the name and address of such representative together with a clear
definition of the scope of his authority to represent and act for CONTRACTOR and shall specify
any and all limitations of such authority. At the Pre - construction Conference, CONTRACTOR
shall provide resumes of key personnel for OWNER's approval. CONTRACTOR shall keep
OWNER informed in writing pursuant to the notice requirements provided herein of any
subsequent changes in the foregoing. Such representative shall be present or duly represented at
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the site of work at all times when work is actually in progress.
2) From the time of execution of the Contract, the OWNER shall have the right to remove
the CONTRACTOR's representative from the project for inappropnate behavior including, but
not limited to, lack of concern for residents, or acting in an unprofessional manner (i.e.
argumentative with residents or OWNER's representative and the use of foul language).
3) All notices, determinations, instructions and other communications given to the
authorized representatives of the CONTRACTOR shall be binding upon CONTRACTOR.
Nothing contained herein shall be construed as modifying the CONTRACTOR's duty of
supervision and fiscal management as provided for by Florida law.
4) The OWNER shall designate a Project Manager who will have limited authonty to act for
the OWNER. The OWNER will notify the CONTRACTOR in wnting of the name of such
representative(s). Any other City employees are not authorized OWNER representatives and any
work performed by the CONTRACTOR without proper written authorization from the Project
Manager as approved by OWNER, is performed at the CONTRACTOR's risk, and the City shall
have no obligation to compensate the CONTRACTOR for such work.
SECTION V - LAWS AND REGULATIONS
1) CONTRACTOR and its employees and representatives shall at all times comply with all
applicable laws, codes, ordinances, statutes, rules or regulations in effect at the time work is
performed under this Contract.
2) If, dunng the term of this Contract, there are any changed or new laws, ordinances or
regulations not known or foreseeable at the time of signing this Contract which become effective
and which affect the cost or time of performance of the Contract, CONTRACTOR shall
immediately notify OWNER in writing and submit detailed documentation of such effect in
terms of both time and cost of performing the Contract. Upon concurrence by OWNER as to the
effect of such changes, an adjustment in the compensation and/or time of performance will be
made, if applicable.
3) If any discrepancy or inconsistency should be discovered between the Contract and any
law, ordinance, regulation, order or decree, CONTRACTOR shall immediately report the same
in writing to OWNER who will issue such instructions as may be necessary. However, it shall
not be grounds for a Change Order that the CONTRACTOR was unaware of or failed to
investigate the rules, codes, regulations, statutes, and all ordinances of all applicable
governmental agencies having jurisdiction over the Project or the work.
SECTION VI - CODE RELATED INSPECTIONS
The CONTRACTOR recognizes that the City of Clermont is the governing jurisdiction charged
with the inspection of improvements to real property for code compliance and the improvements
to be made by the CONTRACTOR pursuant to this contract may be subject to inspection by City
of Clermont or its agents. The CONTRACTOR agrees that it will not assert, as a City- caused
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delay or as a defense of any delay on the part of the CONTRACTOR, any good faith action or
senes of actions on the part of the City or its agents with regard to inspections, including, but not
limited to the refusal to accept any portion of the CONTRACTOR's work.
SECTION VII - PARTIAL AND FINAL PAYMENTS
In accordance with the provisions fully set forth in the Bid Documents and General Conditions,
and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR
as follows:
1) CONTRACTOR shall submit a progress payment request by the twentieth (20th) day of
each calendar month for work performed during the current calendar month, projected through
the 25th. At any time, the OWNER shall have the nght as a condition of making a partial
payment hereunder, to require CONTRACTOR to submit evidence satisfactory to the OWNER
that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection
with the subject progress payment request have been paid in full. Upon OWNER's signature
accepting the PARTIAL PAYMENT AUTHORIZATION, the OWNER shall make a partial
payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved estimate by the OWNER and the Architect, for work performed dunng the
preceding calendar month under the Contract. To insure proper performance of the Contract, the
OWNER shall retain ten percent (10 %) of the amount of each estimate until final completion and
acceptance of all work covered by the Contract
2) Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all
payrolls, matenal bills and other costs incurred by the CONTRACTOR in connection with the
construction of the work have been paid in full, and also, after all guarantees that may be
required in the Specifications have been furnished and are found acceptable by the OWNER,
final payment on account of this Agreement shall be made within thirty (30) calendar days after
completion of all work by the CONTRACTOR covered by this Agreement and acceptance of
such work by the OWNER.
ARTICLE VIII - LIQUIDATED DAMAGES
1. It is mutually agreed that time is of the essence in regard to this Agreement. Therefore,
notwithstanding any other provision contained in the Contract Documents, should the
CONTRACTOR fail to complete the work within the specified time as set by the Notice
to Proceed, or any authorized extension thereof, CONTRACTOR shall pay to OWNER
the sum of FIVE HUNDRED DOLLARS ($500.00) per calendar day as fixed, agreed
and liquidated damages for each calendar day elapsing beyond the specified time date for
either the Potable Water Supply Well or the Reclaimed Water Supply Well; which sum
shall represent the damages sustained by the OWNER, and shall be considered not as a
penalty, but in liquidation of damages sustained. Contractor shall pay the liquidated
damages amount contained herein to Owner within fifteen (15) days of receipt of
OWNER's wntten demand for such payment.
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2. For the purposes of this Article, the day of final acceptance of the work shall be
considered a day of delay, and the scheduled day of completion of the work shall be
considered a day schedule for protection.
SECTION IX - ADDITIONAL BONDS
It is further mutually agreed between the parties hereto that if, at any time after the execution of
this Agreement and the Surety Bonds hereto attached for its faithful performance and payment of
labor and materials, the OWNER shall deem the Surety or Sureties upon such bonds to be
unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance
and payments of the work, the CONTRACTOR shall, at his expense, and within seven (7) days
after receipt of Notice from the OWNER to do so, furnish additional bonds, in such form and
amounts, and with such Sureties as shall be satisfactory to the OWNER. In such event, no
further payment to the CONTRACTOR shall be deemed due under this Agreement until such
new or additional secunty for the faithful performance and for payment of labor and materials of
the work shall be furnished in manner and form satisfactory to the OWNER.
SECTION X — DISPUTE RESOLUTION - MEDIATION
1) Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of
legal or equitable proceedings by either party.
2) The OWNER and CONTRACTOR shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
3) The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in the place where the Project is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
SECTION XI — INSURANCE AND INDEMNIFICATION RIDER
1) Worker's Compensation Insurance - The CONTRACTOR shall take out and
maintain during the life of this Agreement Worker's Compensation Insurance for all his
employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation
Insurance for all of the latter's employees unless such employees are covered by the protection
afforded by the CONTRACTOR. Such insurance shall comply with the Flonda Worker's
Compensation Law. In case any class of employees engaged in hazardous work under this
contract at the site of the Project is not protected under the Worker's Compensation statute,
the CONTRACTOR shall provide adequate insurance, satisfactory to the OWNER, for the
protection of employees not otherwise protected.
2) Contractor's Public Liability and Property Damage Insurance - The Contactor
shall take out and maintain dunng the life of this Agreement Comprehensive General Liability
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and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage
for personal injury, including accidental death, as well as claims for property damages which
may anse from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum
limits as follows:
(a) Contractor's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined
Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury & Property Damage Occurrence,
Combined Single Limit .
(c) Excess Liability, Umbrella Form $1,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall
be amended to provide coverage on an occurrence basis.
3) Subcontractor's Public Liability and Property Damage Insurance - The
CONTRACTOR shall require each of his subcontractors to procure and maintain during the life
of this subcontract, insurance of the type specified above or insure the activities of his
subcontractors in his policy, as specified above.
4) "XCU" (Explosion, Collapse, Underground Damage) - The CONTRACTOR's
Liability Policy shall provide "XCU" coverage for those classifications in which they are
excluded.
5) Broad Form Property Damage Coverage, Products & Completed Operations
Coverages - The CONTRACTOR's Liability Policy shall include Broad Form Property Damage
Coverage, Products and Completed Operations Coverage.
6) Contractual Liability Work Contracts - The Constractor's Liability Policy shall
include Contractual Liability Coverage designed to protect the CONTRACTOR for contractual
liabilities assumed by the CONTRACTOR in the performance of this Agreement.
7) Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR shall
indemnify and hold harmless the OWNER and its agents and employees from
and against all claims, damages, losses and expenses, including but not limited
to attorney's fees, arising out of or resulting from the performance of the
Work, provided that any such claim, damage, loss or expense (1) is
attnbutable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) , and (2) is caused
in whole or in part by any negligent act or omission of the CONTRACTOR,
any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable. Such obligation shall not be
construed to negate, abndge, or otherwise reduce any other nght to obligation
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of indemnity which would otherwise exist as to any party or person described
in this Section.
(b) In any and all claims against the OWNER or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them
may be liable, the indemnification obligations under this Paragraph shall not
be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the CONTRACTOR or any
subcontractor under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the OWNER for the indemnification
provided herein.
8) Builder's Risk Coverage - The CONTRACTOR shall take out and maintain
dunng the life of this Agreement a "Builder's Risk Policy" completed value form, issued to
provide coverages on an "all risk" basis including theft. This coverage shall not be lapsed or
canceled because of partial occupancy by the OWNER pnor to final acceptance of the Project.
The OWNER may elect to take out and maintain this insurance coverage. Should the OWNER
purchase said insurance, the insurance policy shall have a deductible for each occurrence of
$5,000.00. The CONTRACTOR shall be responsible for losses up to the amount of the
deductible.
SECTION XII - TAXES
1) CONTRACTOR shall pay all taxes, levies, duties and assessments of every nature that
may be applicable to any work under this Contract. The Contract Sum and any agreed variations
thereof shall include all taxes imposed by law. CONTRACTOR shall make any and all payroll
deductions required by law. CONTRACTOR herein indemnifies and holds the OWNER
harmless from any liability on account of any and all such taxes, levies, duties, assessments and
deductions. Such indemnification shall be in accordance with the terms and conditions of the
Indemnification provisions provided herein.
2) OWNER and CONTRACTOR hereby acknowledge that OWNER is a tax - exempt entity.
Where applicable, and so directed by the OWNER, the OWNER reserves the right to implement,
at its convenience, a tax exemption program to buy selected materials and place the tax savings
in line item contingency.
SECTION XIII - SUCCESSORS, ASSIGNS AND ASSIGNMENT
The OWNER and the CONTRACTOR each bind itself, its officers, directors, qualifying agents,
partners, successors, assigns and legal representatives to the other party hereto and to the
partners, successors, assigns and legal representatives of such other party in respect to all
covenants, agreements and obligations contained in the Contract. It is agreed that the
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CONTRACTOR shall not assign, transfer, convey or otherwise dispose of the contract or its
right, title or interest in or to the same or any part thereof, or allow legal action to be brought in
its name for the benefit of others, without previous consent of the OWNER and concurred to by
the sureties.
SECTION XIV - NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with return
receipt requested and postage prepaid, or by nationally recognized overnight courser service to
the address of the party set forth below Any such notice shall be deemed given when received
by the party to whom it is intended.
CONTRACTOR: Mark Construction Co.
471 Gold Medal Ct.
Longwood, FL 32750
OWNER: City of Clermont
Attn. City Manager
685 W Montrose Street
Clermont, FL 34711
SECTION XV — OPTIONAL TERMINATION
1) OWNER may, at its option, terminate the Contract, in whole or in part, at any time by
wntten notice thereof to CONTRACTOR, whether or not CONTRACTOR is in default. Upon
any such termination, CONTRACTOR hereby waives any claims for damages from the optional
termination, including loss of anticipated profits, on account thereof, but as the sole nght and
remedy of CONTRACTOR, OWNER shall pay CONTRACTOR in accordance with
Subparagraphs below, provided, however, that those provisions of the Contract which by their
very nature survive final acceptance under the Contract shall remain in full force and effect after
such termination.
2) Upon receipt of any such notice, CONTRACTOR and its Surety shall, unless the notice
requires otherwise:
(a) Immediately discontinue work on the date and to the extent specified in the
notice;
(b) Place no further orders or subcontracts for matenals, services, or facilities, other
than as may be necessary or required for completion of such portion of work under the
Contract that is not terminated;
(c) Promptly make every reasonable effort to obtain cancellation upon terms
satisfactory to OWNER of all orders and subcontracts to the extent they relate to the
performance of work terminated or assign to OWNER those orders and subcontracts
and revoke agreements specified in such notice;
(d) Assign all Subcontracts required for performance of this Contract to the OWNER.
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In anticipation of such a remedy, the CONTRACTOR shall include in all Subcontracts,
equipment leases and purchase order, a provision requiring the subcontractor, equipment
lessor or supplier, to consent to the assignment of their Subcontract to the OWNER and
to agree to the greatest extent possible to cooperate with the OWNER;
(e) Assist OWNER, as specifically requested in writing, in the maintenance,
protection and disposition of property acquired by OWNER under the Contract; and
(f) Complete performance of any work that is not terminated.
3) Upon any such termination, OWNER will pay to CONTRACTOR an amount determined
in accordance with the following (without duplication of any item):
(a) All amounts due and not previously paid to CONTRACTOR for work completed
and accepted in accordance with the Contract prior to such notice, and for work thereafter
completed as specified in such notice.
(b) The reasonable cost of settling and paying claims arising out of the termination of
work under subcontracts or orders as provided above. ,
(c) The venfiable costs incurred as set forth above:
(d) Any other reasonable costs which can be venfied to be incidental to such
termination.
4) The foregoing amounts will include a reasonable sum, under all of the circumstances, as
profit for all work satisfactorily performed by CONTRACTOR.
5) CONTRACTOR shall submit within thirty (30) days after receipt of notice of
termination, a proposal for an adjustment to the contract price including all incurred costs
descnbed herein. OWNER shall review, analyze, and verify such proposal, and negotiate an
equitable adjustment, and the Contract shall be amended in writing accordingly.
SECTION XVI — MISCELLANEOUS
1) Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this agreement, each party shall bear its own attorney fees.
2) Waiver. The waiver by OWNER of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or of such
provision itself and shall in no way affect the enforcement of any other provisions of this
agreement.
3) Severabihty. If any provision of this agreement or the application thereof to any person
or circumstance is to any extent invalid or unenforceable, such provision, or part thereof,
shall be deleted or modified in such a manner as to make the agreement valid and
enforceable under applicable law, the remainder of this agreement and the application of
such a provision to other persons or circumstances shall be unaffected, and this
agreement shall be valid and enforceable to the fullest extent permitted by applicable law.
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4) Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5) Entire Agreement. This agreement including the documents incorporated by reference
contains the entire understanding of the parties hereto and supersedes all prior and
contemporaneous agreements between the parties with respect to the performance of
services by CONTRACTOR.
6) Assignment. This agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior wntten consent of city.
7) Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this agreement shall be Lake County, Florida.
8) Applicable Law. This agreement and any amendments hereto are executed and delivered
in the State of Florida and shall be governed, interpreted, construed and enforced in
accordance with the laws of the State of Florida.
9) Records. CONTRACTOR expressly understands and acknowledges that any and all
documents related to the services provided herein, may be considered records that are
subject to examination and production in accordance with Florida's Public Records Law.
CONTRACTOR expressly agrees that it will comply with all requirements related to said
law and that it will hold city harmless for any such disclosure related to Florida's Public
Records Law.
SECTION XVII - CONTRACT DOCUMENTS
The Contract Documents, as stated in the Instructions to Bidders and herein made a part, are as
fully a part of this Contract as if herein repeated.
Document Precedence
1) Contract Agreement
2) Plans & Specifications for Jenkins Auditorium Replacement City of Clermont, FL Dated
February 24, 2012. See Attachment "B" for document listing.
3) Plans for Jenkins Auditorium Office Build -out drawings Dated November 16, 2011. See
Attachment "B" for document listing.
4) All documents contained in RFB 12 -013 Construction of Jenkins Community Center
Replacement and CONTRACTOR's response thereto including, the Instructions to
Bidders and proposal guarantee, if any.
5) Payment and Performance Bonds
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 10th day
of April , 2012.
City laf Clermont
arold Turville, Jr., Mayor
Attest
,/
Tracy A /oyd, City Chi
-
Mark Col: on Co.
By:
Phill' i Jorgensen, President
�If�a e s oration, affix corporate
sea .rid have corporate secretary
attest Attest:
Corpo . fecretary
a// thne J. iavnkra
(Name Printed or Typed) j ytfj / Tyoui ie
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EXHIBIT "A"
UNIT PRICE SCHEDULE
Unit pnces attached hereto shall be apart of the agreement
Construction of Jenkins Community Center Replacement $2,399,000.00
Additive Alternate 3: Desoto /Lake Streetscape $714,500.00
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Attachment "B"
Document List
JENKINS AUDITORIUM REPLACEMENT DRAWINGS - CT HSU & ASSOCIATES, P.A.
Dated: February 24, 2012
Sheet Descnption
Date Date
Issue Revised
GENERAL DRAWINGS
GO 000 COVER SHEET 2 -24 -12
GO 101 INDEX, SYMBOLS, ABBREVIATIONS & LOCATION MAP 2 -24 -12
L1 101 LIFE SAFETY PLAN 2 -24 -12
L1 102 FIRE RATED ASSEMBLY 2 -24 -12
L1 103 FIRE STOPPING DETAILS 2 -24 -12
L1 104 FIRE STOPPING DETAILS 2 -24 -12
- SURVEY 1 2 -24 -12
CIVIL DRAWINGS
C1 GENERAL NOTES 2 -24 -12
C2 DEMOLITION AND DIMENSION PLAN 2 -24 -12
C3 DEVELOPMENT PLAN 1 2 -24 -12
C4 CROSS SECTIONS AND DETAILS 2 -24 -12
■
C5 ; MINNEOLA AVENUE PLAN AND PROFILE 2 -24 -12
C6 LAKE AVENUE STREETSCAPE 2 -24 -12
C7 ; DESOTO STREET AND LAKE AVENUE STREETSCAPE 2 -24 -12
C8 i 7TH STREET STREETSCAPE 2 -24 -12
C9 GENERAL DETAILS 2 -24 -12
C10 GENERAL DETAILS 2 -24 -12
C11 UTILITY DETAILS 2 -24 -12 1
LANDSCAPE DRAWINGS
LS-01 LANDSCAPE PLAN • 2 -24 -12
LS -02 LANDSCAPE DETAILS 2 -24 -12
LS -03 LANDSCAPE SPECIFICATIONS AND PLAN LIST 2 -24 -12
LS -04 IRRIGATION PLAN , 2 -24 -12
GL
Sheet Description Date Date
Issue Revised
LS -05 IRRIGATION DETAILS 2 -24 -12
LS -06 � IRRIGATION DETAILS 2 -24 -12
LS -07 IRRIGATION SPECIFICATIONS 2 -24 -12
LS -08 DESOTO/ LAKE STREETSCAPE LANDSCAPE PLAN 2 -24 -12
LS -09 DESOTO/ LAKE STREETSCAPE LANDSCAPE PLAN 2 -24 -12
LS -10 DESOTO/ LAKE STREETSCAPE LANDSCAPE PLAN 2 -24 -12
LS -11 DESOTO/ LAKE STREETSCAPE LANDSCAPE PLAN 2 -24 -12
LS -12 DESOTO STREET AND LAKE AVENUE STREETSCAPE DETAILS 2 -24 -12
& PLANT LIST
IR -01 DESOTO/ LAKE STREETSCAPE IRRIGATION PLAN 2 -24 -12
IR -02 DESOTO/ LAKE STREETSCAPE IRRIGATION PLAN 2 -24 -12
IR -03 DESOTO/ LAKE STREETSCAPE IRRIGATION PLAN 2 -24 -12
IR -04 DESOTO/ LAKE STREETSCAPE IRRIGATION PLAN 2 -24 -12
IR -05 DESOTO/ LAKE STREETSCAPE IRRIGATION DETAILS ' 2 -24 -12
IR -06 DESOTO/ LAKE STREETSCAPE IRRIGATION DETAILS 2 -24 -12 '
ARCHITECTURAL DRAWINGS
AO 001 ARCHITECTURAL SITE PLAN 2 -24 -12
AO 002 1 DUMPSTER AND SITE DETAILS 2 -24 -12
Al 101 FLOOR PLAN 2 -24 -12
Al 102 ENLARGED VERANDA PLAN 2 -24 -12
Al 201 REFLECTED CEILING PLAN 2 -24 -12
A2 101 ROOF PLAN 2 -24 -12
A2 201 EXTERIOR ELEVATIONS 2 -24 -12
A2 202 ' EXTERIOR ELEVATIONS 2 -24 -12
A2 301 BUILDING SECTIONS 2 -24 -12
A2 401 WALL SECTIONS 2 -24 -12
A2 402 WALL SECTIONS 2 -24 -12
A2 403 WALL SECTIONS 2 -24 -12
A4 101 PARTITION SCHEDULE 2 -24 -12
A4 102 ' FINISH SCHEDULE / TRANSITION DETAILS 2 -24 -12
A4 201 DOOR & FRAME TYPES / DOOR SCHEDULE / WINDOW 2.24 -12
SCHEDULE
W
Sheet ' Description Date Date
1 Issue ' Revised
A4 202 DOOR AND WINDOW DETAILS 2 -24 -12
A4 203 ' DOOR AND WINDOW DETAILS 2 -24 -12
A5 101 ENLARGED RESTROOM PLANS AND ELEVATIONS 2 -24 -12
A6 201 INTERIOR ELEVATIONS 2 -24 -12
A6 202 1 INTERIOR ELEVATIONS 2 -24 -12
A6 301 MILLWORK DETAILS 2 -24 -12
A6 401 FLOOR PATTERN PLAN 1 2 -24 -12
A7 101 ' ROOF DETAILS 2 -24 -12
A7 102 ' ROOF DETAILS 2 -24 -12
A7 103 CANOPY DETAILS 1 2 -24 -12
A7 201 , PLAN DETAILS 2 -24 -12 '
A7 202 PLAN DETAILS ' 2 -24 -12
A7 301 CEILING DETAILS I 2 -24 -12
FOOD SERVICE EQUIPMENT DRAWINGS
FS100 FOOD SERVICE EQUIPMENT PLAN 2 -24 -12
FS101 FOOD SERVICE ELECTRICAL PLAN 2 -24 -12
FS102 FOOD SERVICE PLUMBING PLAN 2 -24 -12 '
FS103 1 FOOD SERVICE MECHANICAL DETAILS � 2 -24 -12
STRUCTURAL DRAWINGS
j S0 001 1 STRUCTURAL GENERAL NOTES � 2 -24 -12 '
SO 002 i STRUCTURAL GENERAL NOTES 2 -24 -12
SO 003 i STRUCTURAL GENERAL NOTES , 2 -24 -12
. STRUCTURAL GENERAL NOTES, ABBREVIATIONS AND
SO 004 2-24-12
SYMBOLS
SO 005 THRESHOLD INSPECTION PLAN 2 -24 -12
SO 006 THRESHOLD INSPECTION PLAN 1 2 -24 -12 i
S1 101 FOUNDATION PLAN 2 -24 -12
S1 102 ROOF FRAMING PLAN ' 2 -24 -12
S2 201 FOUNDATION SECTIONS AND DETAILS 2 -24 -12
S2 202 ' FOUNDATION SECTIONS AND DETAILS 2 -24 -12
Sheet Description Date Date
Issue Revised
S3 301 ROOF FRAMING SECTIONS AND DETAILS 2 -24 -12
S3 302 ROOF FRAMING SECTIONS AND DETAILS 2 -24 -12
S4 401 SCHEDULES AND DETAILS 2 -24 -12
S5 501 TILT PANEL DETAILS 2 -24 -12
S5 502 TILT PANEL DETAILS 2 -24 -12
S6 601 TILT PANEL ELEVATIONS 2 -24 -12
S6 602 TILT PANEL ELEVATIONS 2 -24 -12
PLUMBING DRAWINGS
PO 001 PLUMBING SITE PLAN 2 -24 -12
P1 101 PLUMBING FLOOR PLAN 2 -24 -12
P2 101 PLUMBING ROOR PLAN 2 -24 -12
P4 201 PLUMBING DETAILS 2 -24 -12
P4 202 PLUMBING DETAILS 2 -24 -12
P7 201 PLUMBING RISERS 2 -24 -12
P7 202 PLUMBING RISERS 2 -24 -12
MECHANICAL DRAWINGS
M1 101 MECHANICAL FLOOR PLAN 2 -24 -12
M2 101 MECHANICAL ROOF PLAN 2 -24 -12
M4 101 MECHANICAL SCHEDULES 2 -24 -12
M4 201 MECHANICAL DETAILS 2 -24 -12
M4 202 MECHANICAL DETAILS 2 -24 -12
ELECTRICAL DRAWINGS
E0 001 ELECTRICAL SITE PLAN 2 -24 -12
E0 002 ELECTRICAL SITE PHOTOMETRIC 2 -24 -12
El 101 POWER PLAN 2 -24 -12
El 201 LIGHTING PLAN 2 -24 -12
E2 101 ELECTRICAL ROOF PLAN 2 -24 -12
E4 101 ENLARGED PLANS r 2 -24 -12
E4 102 ELECTRICAL DETAILS 2 -24 -12
E5101 ELECTRICAL PANEL SCHEDULES 2 -24 -12
Sheet Descnption Date Date
Issue Revised
E5 102 ELECTRICAL LEGEND AND NOTES 2 -24 -12
E5 103 ELECTRICAL FIXTURE SCHEDULE 2 -24 -12
E -0 STREETSCAPE 2 -24 -12
E -2 STREETSCAPE 2 -24 -12
E-4 STREETSCAPE 2 -24 -12
E -5 STREETSCAPE 2 -24 -12
E -6 DESOTO /LAKE STREETSCAPE 2 -24 -12
E -7 DESOTO /LAKE STREETSCAPE 2 -24 -12
E -8 DESOTO /LAKE STREETSCAPE 2 -24 -12
(END OF DRAWINGS)
JENKINS AUDITORIUM REPLACEMENT SPECIFICATIONS - CT HSU & ASSOCIATES, P.A.
Dated: February 24, 2012
Section I Description Date Date
Issue Revised
INTRODUCTORY INFORMATION
00001 Project Title Page 2-24-12
00010 Table of Contents 2 -24 -12 ,
BIDDING 1 CONTRACTING REQUIREMENTS
00300 Information Available to Bidders 2 -24 -12
DIVISION 1- GENERAL REQUIREMENTS
01100 Summary 2 -24 -12
01230 Alternates 2 -24 -12
01250 Contract Modification Procedures 2 -24 -12
01290 Payment Procedures 2 -24 -12
01310 Project Management And Coordination 2 -24 -12
01320 I Construction Progress Documentation 2 -24 -12
01330 Submittal Procedures 2 -24 -12
01400 Quality Requirements 2 -24 -12
01420 References 2 -24 -12
v
Date Date
Section Description Issue Revised
01500 Temporary Facilities and Controls 2 -24 -12
01600 Product Requirements 2 -24 -12
01700 1 Execution Requirements 2 -24 -12
01731 , Cutting and Patching 2 -24 -12
01770 Closeout Procedures 2 -24 -12
01782 Operation and Maintenance Data 2 -24 -12
01820 Demonstration and Training 2 -24 -12
DIVISION 2 - SITE CONSTRUCTION
02200 Earthwork 2 -24 -12
02220 Excavation and Backfill 2 -24 -12
02361 Termite Control i 2 -24 -12
02500 Site Drainage ' 2 -24 -12
1 02514 Portland Cement Concrete ' 2 -24 -12
' 02612 Paving and Surfacing 2 -24 -12
02675 Water Distribution System 2 -24 -12
02730 Sanitary Sewer System 1 2 -24 -12
1 -
DIVISION 3 - CONCRETE
03100 ! Concrete Formwork 2 -24 -12
03200 1 Concrete Reinforcement 2 -24 -12
03300 Cast -In -Place Concrete 2 -24 -12
03450 I Precast Architectural Concrete 2 -24 -12
03471 i Tilt-Up Concrete 2 -24 -12
i
DIVISION 4 — MASONRY
j 04200 Unit Masonry 2 -24 -12
DIVISION 5 - METALS
05120 Structural Steel 2 -24 -12 !
05210 Steel Joists 2 -24 -12
05310 Steel Deck 2 -24 -12
Section Description Date Date
Issue Revised
05400 Cold Formed Metal Framing 2 -24 -12
05500 Metal Fabrications 2 -24 -12
05720 Handrails and Railings 2 -24 -12
DIVISION 6 - WOOD AND PLASTICS
06100 Rough Carpentry 2 -24 -12
06402 Interior Architectural Woodwork 2 -24 -12
06640 Plastic Paneling 3 -22 -12
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07115 Bituminous Dampproofing 2 -24 -12
07132 Sheet Waterproofing 2 -24 -12
07210 Thermal Insulation 2 -24 -12
07220 Roof Insulation 2 -24 -12
07413 Composite Metal Panels 2 -24 -12
07540 Thermoplastic Membrane Roofing 2 -24 -12
07720 Metal Flashings, Roof Specialties and Accessories 2 -24 -12
07842 Firestopping 2 -24 -12
07920 Joint Sealants 2 -24 -12
DIVISION 8 - DOORS AND WINDOWS
08110 Steel Doors and Frames 2 -24 -12
08210 Flush Wood Doors 2 -24 -12
08311 j Access Doors and Frames 2 -24 -12
08330 Rolling Counter Fire Doors 2 -24 -12
08410 Aluminum Storefronts 2 -24 -12
08710 I Finish Hardware 2 -24 -12
08800 Glazing I 2 -24 -12
DIVISION 9 - FINISHES
09220 Portland Cement Plaster 2 -24 -12
09260 Gypsum Board Assemblies 2 -24 -12
Section Description
Date Date
Issue Revised
09310 Ceramic / Porcelain Tile and Marble 2 -24 -12
09510 Acoustical Panel Ceilings 2 -24 -12
09650 I Resilient Tile Floonng, Base and Accessories 2 -24 -12
09680 Carpet Tile , 2 -24 -12
09900 Painting 2 -24 -12
DIVISION 10 - SPECIALTIES
10100 Miscellaneous Specialties , 2 -24 -12 3 -22 -12
10165 Toilet Partitions 2 -24 -12
10200 Louvers and Vents 2 -24 -12
10226 Movable Partitions I 2 -24 -12
10240 Architectural Screens 2 -24 -12
10260 Wall Corner Guards 2 -24 -12
10425 Signage 2 -24 -12
10520 Fire Extinguishers, Cabinets and Accessories 2 -24 -12
10810 Toilet Room Accessones 2 -24 -12
DIVISION 11- EQUIPMENT
11400 Food Service Equipment 2 -24 -12
11520 1 Projection Screens I 2 -24 -12
' DIVISION 15 — MECHANICAL
15050 General Instructions, Mechanical 2 -24 -12
15060 I Mechanical, Miscellaneous 1 2 -24 -12
15075 Vibration Isolation 2 -24 -12
15080 Duct Insulation 2 -24 -12 '
15081 Mechanical Pipe Insulation 2 -24 -12
15083 Plumbing Pipe Insulation 2 -24 -12
i
15090 Motors 2 -24 -12
15095 Variable Frequency Drives 2 -24 -12
15105 Hvac Piping Basic Requirements 2 -24 -12 I
15110 Hvac Water Piping System 2 -24 -12 I
Section Description Date Date
Issue Revised
15120 Plumbing Piping Basic Requirements 2 -24 -12
15125 Plumbing Drains And Specialties 2 -24 -12
15140 Domestic Water Piping System 2 -24 -12
15150 Sanitary Piping System 2 -24 -12
15160 Storm Piping System 2 -24 -12
15180 Gas Piping System 2 -24 -12
15400 Plumbing Fixtures 2 -24 -12
15401 Plumbing Equipment 2 -24 -12
15450 Fire Protection Systems 2 -24 -12
15664 Roof -Top Cooling Unit 2 -24 -12
15761 Fan Powered Vav Terminal Box (Electric Heat) 2 -24 -12
15763 Vav Side Pocket Terminal Box (Electric Heat) 2 -24 -12
15810 Air Conditioning Sheet Metal Ductwork 2 -24 -12
15820 Fans 2 -24 -12
15850 Air Devices 2 -24 -12
15854 Electric Duct Heaters 2 -24 -12
15950 Testing And Adjusting 2 -24 -12
15975 Air Conditioning Controls (Ddc) 2 -24 -12
DIVISION 16 — ELECTRICAL
16050 Basic Electrical Matenals And Methods 2 -24 -12
16060 Firestopping For Electrical Penetrations 2 -24 -12
16110 Raceway Systems 2 -24 -12
16120 Electrical Winng 2 -24 -12
16122 Low Voltage Wire 2 -24 -12
16140 Wiring Devices 2 -24 -12
16280 Surge Protective Devices (Spd) 2 -24 -12
16400 , Electrical Distribution Equipment 2 -24 -12
16450 Grounding 2 -24 -12
16500 Lighting 2 -24 -12
16670 Lightning Protection System 2 -24 -12
16700 Technology And Security Systems General Requirements 2 -24 -12
v
Section Description r Date Date
Issue Revised
16710 Sound Reinforcement System 2 -24 -12
16720 Fire Alarm System 2 -24 -12
16724 Intrusion Detection System 2 -24 -12
16760 Technology Systems Pathways And Cabling r 2 -24 -12
16917 Central Dimming System 2 -24 -12
16990 Technology And Security Systems Testing 2 -24 -12
DIVISION 32 — EXTERIOR IMPROVEMENTS
328400 Planting Irngation 2 -24 -12
329200 Turf and Grasses 2 -24 -12
329300 Plants 2 -24 -12
(END OF SPECIFICATIONS)
JENKINS AUDITORIUM OFFICE BUILD -OUT — INTERIOR BUILD -OUT DRAWINGS — GATORSKTCH CORP.
Dated: November 16, 2011
ARCHITECTURAL DRAWINGS
Al 1 PROJECT DATA 11 -16 -11
Al 2 LIFE SAFETY PLAN 11 -16 -11
A3 1 FLOOR PLAN, SCHEDULES, DETAILS 11 -16 -11 3 -15 -12
A3 2 REFLECTED CEILING PLAN, FIRE PENETRATION DATA 11 -16 -11
PLUMBING DRAWINGS
P -1 PLUMBING PLAN 11 -16 -11
P -2 PLUMBING NOTES 11 -16 -11
MECHANICAL DRAWINGS
M -1 HVAC PLAN 11 -16 -11
M -2 SCHEDULES AND NOTES 11 -16 -11
ELECTRICAL DRAWINGS
[
E -1 POWER PLAN 11 -16 -11 p
E -2 LIGHTING PLAN r 11 -16 -11
itV
E -3 ' RISER AND SCHEDULE 11 -16 -11
E-4 DETAILS 11 -16 -11
E -5 SPECIFICATIONS 11 -16 -11
FIRE PROTECTION DRAWINGS
F -1 FIRE SPRINKLER FLOOR PLAN 11 -16 -11
F -2 SPECIFICATIONS 11 -16 -11
(END OF DRAWINGS)
PRE - BID ADDENDUMS - CT HSU & ASSOCIATES, P.A.
ADDENDUM NO 1 3 -16 -12
'
ADDENDUM NO 2 ' 3 -22 -12
(END OF ADDENDUMS)
Y-V-
Public Work
F.S. Chapter 255.05 (1)(a)
Cover Page
BOND NO.: 105714053
CONTRACTOR NAME: Mark Construction Co.
CONTRACTOR ADDRESS: 421 Gold Medal Court
Longwood, FL 32750
CONTRACTOR PHONE NO.: (407) 831 - 6275
SURETY COMPANY: Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183 -6014
SURETY COMPANY PHONE NO.:
(407) 388 -3248
OWNER NAME: The City of Clermont, Florida
OWNER ADDRESS: 685 West Montrose Street
■ Clermont, FL 34711
OWNER PHONE NO.: (352) 394 - 4081
OBLIGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT: $3,113,500.00/83,113,500.00
CONTRACT NO.: (If applicable)
DESCRIPTION OF WORK: RFB 12 -013, Construction of Jenkins Community Center
Replacement plus Alternate 3, Desoto/Lake Streetscape
PROJECT LOCATION: northwest corner of Montrose Street and Lake Avenue,
Clermont, FL
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
Public Work F.S. Chapter 255.05 (1)(a) Cover Page Forms and Becomes a Part of this Bond.
SECTION — K
BONDS
Bond No. 105714053
PERFORMANCE BOND Executed in 4 Counterparts
THIS BOND IS ISSUED SIMULTANEOUSLY WITH LABOR AND MATERIAL PAYMENT BOND
IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE
OF THE CONTRACT.
KNOW ALL MEN BY THESE PRESENTS:
Mark Construction Co., 421 Gold Medal Court, Longwood, FL 32750 (407) 831 -6275
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and Travelers Casualty and Surety Company of
America, One Tower Square, Hartford, CT 06183 -6014 (407) 388 -3248
(Full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont, as
Obligee, hereinafter called OWNER, in the amount of:
Three Million One Hundred Thirteen Thousand Five Hundred & 00 /100ths
(Dollar Amount in Words)
($ 3,113, 500.00
(Dollar Amount in Numbers)
(Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
CONTRACTOR has by written Agreement dated t (t 10 , entered into a
Contract with OWNER for: RFB 12 -013, Construction of J nkins* in accordance with Drawings
and Specifications prepared by C.T. HSU & Associates, PA for the OWNER, which
contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
*Community Center Replacement plus Alternate 3, Desoto /Lake Streetscape
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR
shall promptly and faithfully perform said Contract, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the OWNER.
Whenever CONTRACTOR shall be, and declared by OWNER to be in default under the
Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may
RFB No: 12 -013
Page 31 of 48
SECTION — K
BONDS
promptly remedy the default, in accordance with Section 255 05, Florida Statutes, or shall
promptly,
1 ) Complete the Contract in accordance with its terms and conditions or within sixty (60)
calendar days
2) Obtain a bid or bids for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsible bidder, or if the
OWNER elects, upon determination by the OWNER and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and OWNER, and make
available as work progresses (even though there should be a default or a succession of
defaults under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the Contract price, but
not exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof The term "balance of the
Contract price," as used in this paragraph, shall mean the total amount payable by
OWNER to CONTRACTOR under the Contract and any amendments thereto, less the
amount properly paid by OWNER to CONTRACTOR
3) Upon termination of the Contract by the OWNER due to the CONTRACTOR'S failure to
perform under the conditions herein set forth in the Contract, the OWNER may without
_ prejudice to any right or remedy and after giving the CONTRACTOR and his Surety if
any, seven (7) days written notice, terminate the employment of the CONTRACTOR,
and take possession of the site and all of the materials, equipment, tools, construction
equipment, and machinery thereon owned by the CONTRACTOR and may finish the
work by whatever method he may deem expedient. In such case the CONTRACTOR
shall not be entitled to receive any further payment until the work is finished
4) A claimant, except a laborer, who is not in privity with the Principal and who has not
received payment for his labor, materials or supplies shall, within 45 days after beginning
to furnish labor, materials or supplies for the prosecution of the work, furnish the
Principal with a notice that he intends to look to the bond for protection, and
5.) A claimant who is not in privity with the Principal and who has not received payment for
his labor, materials, or supplies shall, within 90 days after performance of the labor or
after complete delivery of materials or supplies, deliver to the Principal and to the Surety
written notice of the performance of the labor or delivery of the materials or supplies and
of the nonpayment.
6) Other than a suit by OWNER, no action shall be instituted against the Principal or the
Surety on the bond after one (1) year from the performance of the labor or completion of
delivery of the materials or supplies
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the OWNER named herein or the heirs, executors, administrators or successors of the
OWNER
RFB No 12 -013
Page 32 of 48
SECTION — K
BONDS
THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS I D J-h DAY
OF f 2(1 2012.
Mark Construction z.
(Principal) (Sealy
(Witness)
By / . P ' � � �� 41114,i
(Ma ual ,. ignature) "w3 y ! ii'
� PreSl(J
(Title):
Travelers Casualty and Surety Company of America
(Surety) -- (Seal)
(Witness) athy Clawson _ OFJ
(M 2133Fru re) A " ' Y 1 - ....••• �
Attorney -In -Fact & Florida Licensed ResidentAge i 0
(Title)
N/A
(Resident Agent as Attorney -in -Fact)
N/A
(Witness)
1904 Boothe Circle
(Address)
Longwood, FL 32750
(407) 834 -0022
(Telephone Number)
Power of Attorney attached hereon:
RFB No: 12 -013
Page 33 of 48
/L7'
Public Work
F.S. Chapter 255.05 (1)(a)
Cover Page
BOND NO.: 105714053
CONTRACTOR NAME: Mark Construction Co.
CONTRACTOR ADDRESS: 421 Gold Medal Court
Longwood, FL 32750
CONTRACTOR PHONE NO.: (407) 831 - 6275
SURETY COMPANY: Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183 -6014
SURETY COMPANY PHONE NO.: (407) 388 - 3248
OWNER NAME: The City of Clermont, Florida
OWNER ADDRESS: 685 West Montrose Street
Clermont, FL 34711
OWNER PHONE NO.: (352) 394 - 4081
OBLIGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT: $3,113,500.00/$3,113,500.00
CONTRACT NO.: (If applicable)
DESCRIPTION OF WORK: RFB 12 -013, Construction of Jenkins Community Center
Replacement plus Alternate 3, Desoto/Lake Streetscape
PROJECT LOCATION: northwest corner of Montrose Street and Lake Avenue,
Clermont, FL
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. J„
Public Work F.S. Chapter 255.05 (1)(a) Cover Page Forms and Becomes a Part of this Bond.
SECTION — K
BONDS
Bond No. 105714053
LABOR AND MATERIAL PAYMENT BOND Executed in 4 Counterparts
THIS BOND IS ISSUED SIMULTANEOUSLY WITH THE PERFORMANCE BOND IN FAVOR
OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE
CONTRACT.
This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant
under this bond for payment must be in accordance with the notice and time limitation provisions in Section
255.05(2), Florida Statutes.
KNOW ALL MEN BY THESE PRESENTS: That
Mark Construction Co., 421 Gold Medal Court, Longwood, FL 32750 (407) 831 -6275
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and Travelers Casualty and Surety Company of
America, One Tower Square, Hartford, CT 06183 -6014 (407) 388 -3248
(Full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont as
Obligee, hereinafter called OWNER, in the amount of:
Three Million One Hundred Thirteen Thousand Five Hundred & 00 /100ths
(Dollar Amount in Words)
($ 3,113, 500.00
(Dollar Amount in Numbers)
(Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Principal has by written Agreement dated IA O , entered into a Contract with
OWNER for the construction of RFB 12 - 013, Construction of*, in accordance with Drawings and
Specifications prepared by C T HSU 8 Associates. PA for the OWNER, which contract is hereinafter
referred to as the Contract. *Jenkins Community Center Replacement plus Alternate 3,
Desoto /Lake Streetscape
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall
promptly make payment to all claimants as hereinafter defined, for all labor and materials used
or reasonably required for use in the performance of the Contract, then this obligation shall be
void; otherwise it shall remain in full force and effect, subject, however to the following
conditions in accordance with Section 255.05, Florida Statutes:
1.) A claimant is defined as one having a direct contract with the Principal or with a
subcontractor of the Principal for labor, material, or both, used or reasonably required for
use in the performance of the Contract, labor and material being construed to include
that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
RFB No: 12 -013
Page 34 of 48
tom,
SECTION — K
BONDS
2) The above -named Principal and Surety hereby jointly and severally agree with the
OWNER that every claimant as herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after the date on which he last of such
claimant's work or labor was done or performed, or materials were furnished by such
claimant, may sue on this bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have execution
thereon The OWNER shall not be liable for the payment of any costs or expenses of
any such suit
3) Other than the OWNER, no suit or action shall be commenced hereunder by any
claimant
a) Unless claimant, other than one having a direct contract with the Principal shall
have given written notice to any two of the following The Principal, the OWNER,
or the Surety above named, within ninety (90) days after such claimant did or
performed the last of the work or labor, or furnished the last of the materials for
which said claim is made, stating with substantial accuracy the amount claimed
and the name of the party to whom the materials were furnished, or for whom the
work or labor was done or performed Such notice shall be served by mailing the
same by registered mail or certified mail, postage prepaid, in an envelope
addressed to the Principal, OWNER or Surety, at any place where an office is
regularly maintained for the transaction of business, or served in any manner in
which legal process may be served in the state in which the aforesaid project is
located, save that such service need not be made by a public officer
b) After the expiration of one (1) year following the date on which Principal ceased
work on said Contract, it being understood, however, that if any limitation
embodied in this bond is prohibited by any law controlling the construction hereof
such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law
c) Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is
situated, or in the United States District Court for the district in which the Project,
or any part thereof, is situated, and not elsewhere
d) A claimant, except a laborer, who is not in privity with the Principal and who has
not received payment for his labor, materials or supplies shall, within 45 days
after beginning to furnish labor, materials or supplies for the prosecution of the
work, furnish the Principal with a notice that he intends to look to the bond for
protection, and
e) A claimant who is not in privity with the Principal and who has not received
payment for his labor, materials or supplies shall, within 90 days after
performance of the labor or after complete delivery of matenals or supplies,
RFB No 12 -013
Page 35 of 48 ; /
SECTION — K
BONDS
deliver to the Principal and to the Surety written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
f.) No action shall be instituted against the Principal or the Surety on the bond after
one (1) year from the performance of the labor or completion of delivery of the
materials or supplies.
The amount of this bond shall be reduced by and to the extent of a payment or payments made
in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be
filed or record against said improvement whether or not claim for the amount of such lien be
presented under and against this bond.
THE FOREGOING LABOR AND MATERIAL PAYMENT BOND WAS SIGNED AND SEALED
THIS IC 11 ' DAY OF Cy it 2012.
Mark Construction o.
(Principal) (Seal) :
V F`�
•
(Witness)
By: II d A(L 1
(Manual ignature) {9(511 �ti 7 /,
1217tri
(Title) i
Travelers Casualty and Sur • •pany America
( rety)
t ,� '> •
ness) thy Clawson T�=�
■Anual Sign. .re) Apr •
Attorney -In -Fact & Florida Licensed Resident Agent '•,,.`
(Title) 04
N/A
(Resident Agent as Attorney -in -Fact)
N/A
(Witness)
1904 Boothe Circle, Longwood, FL 32750
(Address) Inquiries: (407) 834 -0022
Power of Attorney attached hereon:
RFB No: 12 -013
Page 36 of 48 t ,
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELER Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 223927 Certificate No. 0 0 4 a• 8 3 2 8 8
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint
J. W. Guignard, Bryce R. Guignard, April L. Lively, Paul J. Ciambriello, Jennifer L. McCarta, Margie L. Morris, and Allyson L. Foss
of the City of T ,ongwood , State of Florida , their true and lawful Attorney(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 19th
day of August 2011
Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Gyaranty'Company
St. Paul Guardian Insurance Company
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State of Connecticut By:
City of Hartford ss. Georg Thompson, dike President
On this the 19th day of August 2011 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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In Witness Whereof, I hereunto set my hand and official seal. ∎ TAA W A e
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My Commission expires the 30th day of June, 2016. *+ AUBL�G * Marie C. Tetreault, Notary Public
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58440 -6 -11 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) 'signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty 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 in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , 20
t e / Gs--'
Kevin E. Hughes, Assistant Sec tary
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To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attomey -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER