2014-039 CONTRACTOR AGREEMENT
THIS AGREEMENT, made and entered into this LS day of 2014,
A.D.,by and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "OWNER"), and McMahan Construction Co., Inc. P.O. Box
223, Deland, FL 32721 (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. 14-020 Interconnection of Potable Water Distribution System
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 in lawful tender of the United States, the
total contract sum not to exceed THREE HUNDRED SIXTY-ONE THOUSAND
DOLLARS ($361,000.00).
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 ONE
HUNDRED AND TWENTY (120) 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 expenence 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
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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 any Surety.
Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be
interpreted and construed.by the OWNER's 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 matenal, 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 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 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. 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 Agreement.
Therefore, notwithstanding any other provision contained in the Contract
Documents, should the CONTRACTOR fail to complete the work within the
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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 completion of
the project; 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 dunng 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 Agreement. To insure proper performance of
the Agreement, the OWNER shall retain ten percent (10%) of the amount of each
invoice until final completion and acceptance of all work covered by the
Agreement.
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 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 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
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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 jurisdiction 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
CONTRACTOR 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
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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. Contractor's Protective Liability Insurance - The CONTRACTOR shall
procure and furnish a 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, arising 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.
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Such obligation shall not be construed to negate, abndge, 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
courier 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: McMahan Construction Co., Inc.
P.O. Box 223
Deland, FL 32721
Attn.: Robert Kellogg, 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 teal 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
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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
pnor 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. Public Records. CONTRACTOR expressly understands records associated with
this project are public records and agrees to comply with Florida's Public Records
law, to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does not
exceed the cost provided in this Florida's Public Records law or as otherwise
provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
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(d) Meet all requirements for retaining public records and transfer, at no cost, to
the CITY all public records in possession of the CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the CITY in a format that is
compatible with the information technology systems of the CITY.
ARTICLE XI - CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Technical Plan and Specifications
3. All documents contained in RFB 14-020 Interconnection of Potable Water
Distribution System, any and all addendum thereto, and CONTRACTOR's April
17, 2014 response thereto.
4. Payment and Performance Bonds
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
a,:i∎MtIti0Rfrk ryai
ti is't day of rY [b,t_,( .,2014.
Attes City of Clermont
-/,. , , 44,clot 411PrOV 411ft
4'id, l Tracy Ackroy , City Clerk •arold S. urville, Jr., 7.ar
�k'At 4u �p.e '
" 1Y sl °. '
rkkjt McMahan Construction nc.
,,Attesto,,t),,"��, Co.,,
°'� i m / / By: / . Bcif
yam• *te:Se =tary Robert Kellogg, President
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?C'yrine,i,115.born
:;(Not ieTnnted or Typed)
8
SECTION — C
PRICE SCHEDULE
Final Completion Lump Sum Price (as per drawings and construction documents)
(Words) 1 H& N()? } may OtJ -6(005 01 1JotbuS
(Figures) $ 1, 000 . 00
Contractor's Days to Final Completion. ja0 Calendar Days.
Not to Exceed. One-Hundred Twenty(120) Calendar Days from Notice To Proceed
By signing below,the respondent agrees to all terms, conditions,and specifications as stated in this solicitation, and
is acting in an authonzed 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
Respondent Information and Signature
Company Name(print)' McMahan Construction Co,Inc
Street Address 123 East Indiana Avenue,DeLand,FL 32724
Mailing Address(if different) P.O. Box 223,DeLand,FL 32721-0223
Telephone (386)734-1071 Fax (386)738-2692
Email rlcmcci @bellsouth.net Payment Terms % days,net
FEIN 59 - 2036678 Professional License No CGC010240
Signature /? . Date 4/17/14
Print Name Robert Kellogg Title President
Does the respondent accept payment using the City's MASTERCARD? ❑ Yes ® No
END OF SECTION— C
RFB No xxxxx
Page 12 of 38
4/30/2014 BidSync Questions on Bid#14-020 History
Question and Answers for Bid #14-020 - Interconnection of Potable Water Distribution System
ATTACHEMENT A
Overall Bid Questions
Question 1
Hello, we have a few questions:
Will the City pay the Duke Energy hand hole fees for the new meter service locations ?
Will the City also establish the address for the new Service Locations ?
Will the City be waiving any ofthe building permit fees with regard to the electrical and permits needed for the
tower footers ?
With regard to the Bloxam Ave. & Grand Highway areas, incase this area has day time lane closure restrictions
that may make it necessary for us to work at night, will there be any extra inspection fees for night work?
For the Hook Street Tie-in to the existing 12"main, will we have to do the tie-in during the night not to interrupt
service?
Thanks and have a good weekend (Submitted: Apr 11, 2014 12:47:31 PM EDT)
Answer
• 1. The City will pay all Duke Energy fees.
2. The City will establish an address for the new service location.
3. The City will handle and pay for permit fees.
4. The work can be done at any time.
5. The Hook street tie in has no services on it except for a lift station. (Answered: Apr 11, 2014
2:37:35 PM EDT)
Question 2
1. Are the two project signs specified in section 01520 required for this project?
2. Can the Notice To Proceed on this project be delayed until the equipment with long delivery times have been
supplied?
3. Who is responsible for collecting and paying for the water samples required for bacteriological clearance?
4. At the Grand Highway site on sheet 4 it appears that the existing 6"AC line needs to be removed from
service before the new 6"DIP line is installed. Please confirm that this is the case. How long can this section of
Tine be shut down?
https/Mnnwbidsync com/DPX7ac=aucglist&auc=1956251&rndid=alI&pnntable=Y 1/3
4/30/2014 BidSync Questions on Bid#14-020 History
5 a.`When we contacted one of the system suppliers listed on page 1 of section 13300 they provided us a copy
of an April 1st email from Bob Reed stating the SCADA portion of this project has been pulled from the bid
package and would be done by the city integrator. Please confirm.
5b. If question 5a is correct:Will the city integrator be responsible for both section 13300 and 13330, or just
13330?
5c. If section 13300 is included in bid scope: Section 13300 paragraph 2.03, B, 7 addresses the 12"
McCrometer flow meters at Pitt and Hook St sites, but does not address the 6"Neptune meter with e-coder
required at the Grand Highway site. Is it the intent that the system supplier of section 13300 responsible for
supplying both the McCrometer and Neptune meter in section 15181?
6. Sheet 4 note D underflow Meter Vault Detail refers to a "Clermont Special"in the description of the e-coder
register. Please clarify the details of that note or provide the contact info of the Neptune vendor the owner
utilizes. (Submitted: Apr 11, 2014 1:58:46 PM EDT)
Answer
• 1. The signs are not required.
2. We will work with the awarded contractor on the NTP. However, extended delays will not be
accepted.
3. The Contractor.
4. There are no services on this line. It will not be a rush job.
5a. . The SCADA programming(Wonder ware) at the EWWTP will not be part of this bid. All field
work will be part of this bid. That includes the radio network and all field panels.
5b. The only portion that will not be the responsibility of the bidder will be the actual programming of
Wonder Ware at the EWWTP.
5c. The City of Clermont will supply the Neptune meter.
6. City of Clermont will supply the e-coder and the Neptune meter. (Answered: Apr 11, 2014 2:59:49
PM EDT)
Question 3
At the Bloxam Ave & Grand Highway, once the line stop and gate valve is installed the existing AC line will
not be in service correct?
At Bloxam Ave. & Grand Highway, where the line stop will be installed will we have to remove the existing
handicap ramp, or will the line stop be installed east of the ramp? (Submitted: Apr 11, 2014 2:05:51 PM
EDT)
https// wwrbidsynccom/DPX7ac=aucglist&auc=1956251&rndid=all&printable=Y 2/3
4/30/2014 BidSync Questions on Bid#14-020 History
Answer
• 1. That is correct. The line will not be in service.
2. The line stop can be east of the ramp but the area will have to be restored if damaged by the
construction work. (Answered: Apr 11, 2014 2:40:13 PM EDT)
. Print l ; Close {
https//www bidsync co 'DPX?ac=aucq list&auc=1956251&rndid=all&pri ntable=Y 3/3