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2012-94 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 2r) day of \oUerrnbe_r 2012, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "OWNER"), and PRECON CORPORATION, 115 SW 140`h Terrace,Newberry, FL 32669 (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in the bid documents and specifications entitled: RFB NO. 13-006—EAST Side WRF Reclaimed Water Ground Storage Tank 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. ARTICLE II -THE CONTRACT SUM The OWNER shall pay to the CONTRACTOR, for the faithful performance of the Contract as set forth in the contract documents and the Unit Price Schedule, attached hereto and incorporated herein as Exhibit "A", in lawful tender of the United States, the total contract sum of ONE MILLION FOUR HUNDRED FORTY-SEVEN THOUSAND NINE HUNDRED FORTY-FIVE DOLLARS($1,447,495). ARTICLE III - COMMENCEMENT AND COMPLETION OF WORK 1. The CONTRACTOR shall commence work within 10 calendar days after receipt of (i) Notice to proceed, and (ii) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within Two hundred forty (240) calendar days, unless the period for completion is extended otherwise by the amendment or change order to the Contract. Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified and accepted by the OWNER as sufficiently complete, in accordance with the Contract Documents. 2. The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3. The CONTRACTOR further declares he has examined the sites of the work and that from personal knowledge and experience or that he has made sufficient investigations to fully satisfy himself that such sites are correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in 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 OWNERS Public Services Project Manager and his decision shall be final and binding upon all parties. 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 covering said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Contract and/or the Drawings and Specifications covering 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 materials 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 maintenance 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 matenals 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. If required, As-built drawings and warranties acceptable to OWNER must be submitted to the OWNER before final payment will be made to the CONTRACTOR. ARTICLE IV - LIQUIDATED DAMAGES 1. It is mutually agreed that time is of the essence in regard to this Contract. 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; 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 written demand for such payment. 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. ARTICLE V - PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the 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 third (3rd) day of each calendar month for work performed during the preceding calendar month. Upon CONTRACTOR'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 payment invoice by the OWNER for work performed during 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, material 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, including any retainage amount, on account of this Contract 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 VI - 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 security 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. ARTICLE VII— 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 junsdiction thereof ARTICLE VIII— 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 Florida 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 during the life of this Agreement Comprehensive General Liability 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 arise 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 $2,000,000 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. Owner's and Contractor's Protective Liability Insurance - The Owner shall procure and furnish an Owner's and Contractor's Protective Liability Insurance Policy with the following minimum limits: (a) Bodily Injury Liability& $1,000,000 each ($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit 5. "XCU" (Explosion, Collapse, Underground Damage) - The Contractor's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 6. 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 Coverages. 7. Contractual Liability Work Contracts - The Contractor'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. 8. 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, ansing out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable 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, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (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. ARTICLE IX -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 couner 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: Precon Corporation 115 SW 140th Terrace Newberry, FL 32669 Attn. Richard G. Moore, President OWNER: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE X—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city 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. Severability. 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. 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 written 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. ARTICLE XI - CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: 1. Contract Agreement 2. Technical Plan and Specifications 3. All documents contained in RFB No.: 13-006 - East Side WRF Reclaimed Water Ground Storage Tank, including any all addenda or amendments thereto and CONTRACTOR's November 15, 2012 response thereto. 4. Instructions to Bidders 5. Drawings 6. Payment and Performance Bonds IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this .'7 day of I O\JC.rc\k(2012. City of Clermont o • S. urville, Jr., Mir Atte t: Tracy Ackroyd, City Clerk Preco • 'oration Richard G. Moore, President At st: 0.-4-‹70.-c..D.sz._ Corporate Secretary Deborah A. Dupree (Name Printed or Typed) EXHIBIT A SECTION — C REVISED PRICE SCHEDULE Respondent must submit the following prices to perform all the work as required by the Drawings and Specifications for the construction of the City of Clermont East Side Water Reclamation Facility 3.0 MG Reclaimed Water Ground Storage Tank. N. Description Lump sum price for Mobilization/Demobilization, 1 Complete. $ 100,000.00 (Not to exceed 10-percent of Total Base Bid) Lump sum price for General Requirements as 2 specified in the General Conditions as amended in $ 1,000.00 the Supplementary Conditions, Complete. Lump sum price for Indemnification as specified in 3 the General Conditions as amended in the $ 100.00 Supplementary Conditions, Complete. Lump sum price for all other work not included in Line Items 1, 2, and 3 to construct the East Side 4 Water Reclamation Facility 3.0 MG Reclaimed $ `��� (-Lc ' ° Water Ground Storage Tank, Complete. Allowance for Contractor purchased security 5 cameras. Installation, markup, and all other costs $40,000.00 associated with procurement and installation of the cameras shall be included in Item 4 above. Final Completion Total Lump Sum Price $ `�`�'� 9.4 5- • 0 0 Contractor's Days to Final Completion: 235 Calendar Days. Not to exceed: Two-Hundred Fourty (240) Calendar Days To Substantial Completion And Two-Hundred Seventy (270) Calendar Days to Final Completion From Purchase Order Or Notice To Proceed. Received Addenda No. 1, 2 RFB No: 13-006 Page 11 of 39 SECTION - C PRICE SCHEDULE By signing below,the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is acting in an authorized capacity to execute this response The respondent also certifies that it can and will provide and make available,at a minimum,the items set forth in this solicitation i..a:`�' r a . , - Respondent.lnformatton a d Sig ' a, Company Name(print) Precon Corporation Street Address 115 SW 140th Terrace, Newberry, FL 32669 Mailing Address(if different) Same Telephone 352-332-1200 Fax 352-332-1199 Email info @precontanks.corn Payment Terms % days, net 30 FEIN 59 - 14513 Professional License No CGC-2671 Signature +si.V .�.Y Date 11/8/12 Print Name Richard G. Moore Title ,President Does the respondent accept payment using the City's MASTERCARD? ❑ Yes ® No END OF SECTION- C RFB No 13-006 Page 12 of 39 ACCORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM)DD/YYYY) 41110.../.' 12/7/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT' If the certificate holder is an ADDITIONAL INSURED„the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Anne Edwards NAME Lassiter-Ware Insurance of Maitland (A/CN No.Ext). (800)645-8437 (A/C,No) (888)883-8680 2701 Maitland Center Parkway A DRIESS Suite 1.25 PRODUCER .00036250 CUSTOMER ID#. Maitland FL 32751 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INsuRERAAmerlsure Insurance Company 19488 INsuRER B Amerisure Mutual Insurance Co. 23396 Precon Corporation INSURER C 115 S.W. 140 Terrace INSURER D INSURER E Newberry FL 32669 INSURERF COVERAGES CERTIFICATE NUMBER:2012-13 Master REVISION NUMBER: 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 INSR ADDL SUBR POLICY EFF' POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED I PREMISES(Ea occurrence) $ 300,000 B CLAIMS-MADE X OCCUR X CPP2080374 1/1/2012 1/1/2013 MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 n POLICY X PRO T n LOC $ JEC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea student) $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED AUTOS x CA2059069 1/1/2012 1/1/2013 BODILY INJURY(Per accident) $ SCHEDULED AUTOS X PROPERTY DAMAGE $ HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DEDUCTIBLE $ B RETENTION $ 0 CU2059072 1/1/2012 1/1/2013 $ A WORKERS COMPENSATION X WC STATU- OTH-- AND EMPLOYERS'LIABILITY Y/N X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? n N/A WC2074007 1/1/2012 1/1/2013 (Mandatory ) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 B Inland Marine CPP2080374 1/1/2012 1/1/2013 Rented/Leased Equipment $250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Re: Construction of 3.0 MG Reclaimed Water Storage Tank, East Side WRF CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Clermont , ACCORDANCE WITH THE POLICY PROVISIONS P.O. BOX 120219 `AUTHORIZED REPRESENTATIVE Clermont, FL 34712-0219 Paul Ziccardi/KRISTTQ- 'ef ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD ■ Public Work Executed in 3 Counterparts F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 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) OR SECTION 713.23 FLORIDA STATUTES. BOND NO 3043909 CONTRACTOR NAME Precon Corporation CONTRACTOR ADDRESS 115 SW 140th Terrace Newberry, FL 32669 CONTRACTOR PHONE NO (352) 332-1200 SURETY COMPANY Great American Insurance Company 301 E. 4th Street Cincinnati, OH 45202 (513) 369-5000 OWNER NAME City of Clermont OWNER ADDRESS 685 W Montrose St. Clermont, FL 34711 OWNER PHONE NO (352) 394-4083 ) OBLIGEE NAME (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS OBLIGEE PHONE NO BOND AMOUNT $1,447,495.00 CONTRACT NO (If applicable) RFB No. 13-006 DESCRIPTION OF WORK. East Side WRF Reclaimed Water Ground Storage Tank PROJECT LOCATION City of 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 pnnted thereon THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND BOND NO 3043909, EXECUTED IN 3 ORIGINAL COUNTERPARTS SECTION—L BONDS PERFORMANCE BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH LABOR AND MATERIAL IN FAVOR OF THE OWNER CONDITIONED PAYMENT BOND EO ON THE FULL AND FAITHFUL.PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS: Precon Corporation, 115 SW 140th Terrace, Newberry FL 32669 (full nom and address as Legal line of CONTRACTOR) 58 Principal,hereinafter called CONTRACTOR.and Great American Insurance Company 301 East 4th Street, Cincinnati OH 45202 CO name and&Idlest er legal We of WIRY) (y) as Surety, hereinafter called Surety, are held and firmly bound unto the Clly of Clermont, as Obligee,hereinafter called OWNER,In the amount of: One Million, Four Hundred Forty Seven Thousand, Four Hundred Ninety Five& 00/100 Dollars (Mir Amount In Words) $1,447,495 00 (Colter Amount to Numbers) (Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and Surety bind themselves, their helm, executors, administrators, successors and assigns,Jointly and severally,firmly by these presents. WHEREAS. CONTRACTOR has by written Agreement dated November 27, 2012 , entered into a Contract with OWNER for: RFQ N9 13-006. fast Side WRF* In accordance with Drawings and Specifications prepared by for the OWNER, which contract Is by reference made a part hereof,and Is hereinafter referred to as the Contract. 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 vowd; otherwise k 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 RFS No:13.004 Page 33 of 39 *Reclaimed Water Ground Storage Tank SECTION—1. 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 it 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 eel 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 property 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 lake 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 privily with the Principal and who has net received payment for his labor,materials or supplies shall,within 45 days after beginning to furnish labor, materials or auppftes 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 privily 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 end of the nonpayment. 6.) Other than a suit by OWNER, no action shall be instituted against the Prtndpal 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. R No: 3-008 Page 34 of 39 SECTION—L BONDS THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED This 6th DAY OF December 2012, Precon Corporation ������ �� (Pnnclpe4 (8,04 414.4,!i.' A . ._ Mmes) Terri L. Matchett �� ��� (Mlanuel: "(we) Richard G. Moore, PE President (TIUe) Great American Insurance Company (awoM (3941) nee Lisa ose an y i (minus 8lOnaM.) Attorney in Fact & FL Lic. Resident Agent }f� Patricia L Slaughter (407) 786-7770 C ,`�• (Re V ont Agonies Au4meydn•Fe l) Mettea) - Leslie!vi uonarrue 301 East 4th Street (Address) Cincinnati OH 45202 (513) 369-5000 (Telopnone Number) Power of Attorney attached hereon: RB c Pape 35 of 39 k f , THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND BOND NO 3043909, EXECUTED IN 3 ORIGINAL COUNTERPARTS SECTION —L BONDS LABOR AND MATERIAL PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH THE PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL. AND FAITHFUL PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS: That Precon Corporation, 115 SW 140th Terrace, Newberry FL 32669 (Fig romp end e001e •of opt 101s or CONTRACTOR) as Principal, hereinafter called CONTRACTOR,and Great American Insurance Company 301 East 4th Street, Cincinnati OH 45202 (FUA name end to rou aY spat true or Swat» -•"•••" ,- as Surely, hereinafter called Surety, are held and firmly bound unto the City of Clermont as Obligee,hereinafter caned OWNER,in the amount of: - One Million Four Hundred Fort Seven Thousand, Four Hundred Ninety Five and 00/100 Dollars (001erAmcwi1In Words) f$1,447,495 00 (cocci Amount In Murton) (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 end severally,firmly by these presents. WHEREAS, Principal has by written Agreement dated November 27, 2012 ,entered Into a Contract with OWNER for the construction of RFB No 13-006, East* . In accordance with Drawings and Specifications prepared by for the OWNER, which contract is hereinafter referred to as the Contract. 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. R : No:13.008 Page 30 of 39 *Side WRF Reclaimed Water Ground Storage Tank SECTION— 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 fuU before the expiration of a period of ninety (90) days after the date on which he Iasi 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 Prindpal,the OWNER, or the Surely 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 malting the same by registered mall or certified mall, 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 stale cowl of competent Jurisdiction in and for the county or other political subdhrislon 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 pert thereof,Is situated,and not elsewhere. d.) A claimant, except a laborer,who Is not In privily with the Principal and who has nol 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 privily with the Principal and who has not received payment for his labor, materials or supplies shall, within 90 days alter performance of the labor or after complete delivery of materials or supplies, •FP No:13 '„ PI9e 37 of 39 1 SECTION —L 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. I.) 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 aeld 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 ANt) SEALED • THIS 6th DAY OF December 2012. Precon Corporation (Prfndpv4 (Saar) ci21\cajqv---(Te'rjt_ ( Terri L. Matchett (Manuai"netura)Richard G. Moore, PE President ( Ws) Great American Insurance Company MARV) (See) de • tisk• (Wdnagl isa 'ose an. By: (mutual spa) • Attorney in Fact & FL Lic. Resident Agent m"°) Patricia L. Slaughter (407) 786-7770 41r4.6i CL �L L (Restden(Aaent es Aiboraey ln.Fid Leslie M Donahue 301 East 4th Street, Cincinnati OH 45202 (Aches t) Power of Attorney attached hereon: t08 Na 13.008 Pegs 38 of 39 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TEN No.0 19932 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JEFFREY W.REICH TERESA L.DURHAM GLORIA A.RICHARDS ALL SUSAN L.REICH LESLIE M.DONAHUE CHERYL FOLEY $75,000,000 KIM E.NIV J.GREGORY MACKENZIE ALL OF PATRICIA L.SLAUGHTER DON BRAMLAGE MAITLAND,FLORIDA This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 21ST day of JULY 2011 . Attest GREAT AMERICAN INSURANCE COMPANY usu.•• V4,4. -I e (Zia," • 0.1114.■•■■■•■ Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405) On this 21ST day of JULY , 2011 ,before me personally appeared DAVID C. KITCHIN,to me known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. KAREN L.GROSHEIM NOTARY PUBLIC,STATE OF OHIO •„414 j ,h_ •,�• MY COMMI88ION EXPIRES 02-20-16 • This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this' 4%N day of 'fi r .2e1!2J �..f��p, .� `r Assistant Secretary S1029AC(4/11) 4.- ��„ %, SECTION 00842 NOTICE TO PROCEED FORM Precon Corporation 115 SW 140th Terrace Newberry,FL 32669 Date: January 24,2013 Contractor Notice to Proceed on Project: City of Clermont EWRF 3.0 MG Reclaimed GST You are notified that the Contract Time under the above contract will commence to run on January 25, 2013 for the Disston Avenue Potable Supply Well. On that date you are to start performing the Work and your other obligations under the Contract Documents. Based on the Contract Time stated in the Agreement, we calculate that the dates of Substantial Completion and Final Completion are September 23,2013 and October 21,2013,respectively. OWNER: BY: City of Clermont Precon Corporation (Contractor) 685 W.Montrose Street,2nd Floor 115 SW 140th Terrace Clermont,FL 34711 Newberry,FL 32669 (Address) (Address) (Authorized Signatute) (Authorized Signature Acknowledge of Receipt of Notice) / Purchasing Manager /r t twvt§c+G�1/ (Title) (Title) t7 (Date) Copy to: Tetra Tech BA F/slur/specs/s-2/00842 Tt#P.200-08310-12002 00842-1 012413