2014-062 _
CONTRACTOR AGREEMENT
THIS AGREEMENT, made and entered into this /2 day of ht-[ u�-t 2014,
A.D., by and between the City of Clermont 685 West Montrose Street,'Clermont, Florida
(hereinafter referred to as "OWNER"), and PAVEMENT TECHNOLOGY, INC., 24144
Detroit Road, Westlake, OH 44145 (hereinafter referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter forth,
p set ort ,
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. 14-033 - 2014 Asphalt Rejuvenation
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 p erformance 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 HUNDRED THIRTY-SEVEN THOUSAND THREE
HUNDRED THIRTY-NINE DOLLARS AND FORTY-FOUR CENTS ($137,339.44).
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 Final Complete the same within thirty (30) calendar
days, unless the period for completion is extended otherwise by the amendment or
change order to the Contract. Final Completion as provided herein shall be the day
the project or designated portion thereof is certified and accepted by the OWNER
as final completion, 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
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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 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 Contract.
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 TWO HUNDRED FIFTY
DOLLARS ($250.00) 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
3
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
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
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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. 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, 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. Such obligation shall not be construed to
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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: Pavement Technology, Inc.
24144 Detroit Road
Westlake, OH 44145
Attn. John J. Schlegel, Vice 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.
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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 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 Flonda.
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. All documents contained in RFB No.: 14-033 — 2014 Asphalt Rejuvenation,
including any all addenda or amendments thereto and CONTRACTOR's July 24,
2014 response thereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 12 day of /4(-4 C-tSf-- 2014.
City of�Clermo
®/
Haro d . Turvi e, Jr., Mayor
1 ' /
�'-� • Attest:
io , e0
t� A •
@:,414 ' Tracy Ackroyd, City Clerk
Pavement Technology, Inc.
By:
01_t-AJ 3 Sal-EL - EL V. e
(Name Printed sr Typed)
Atte : 1
Or
Cote Secretary ,
Sa-a/kAl _I "WIG—
(Name Printed or Typed)
8
EXHIBIT A
SECTION—C
PRICE SCHEDULE
The listed streets below are in priority of asphalt rejuvenation. The City of Clermont reserves
the right to select streets to be rejuvenated from the bid to meet budget funding. Respondent
shall include costs for mobilization,traffic control, sealing, and street sweeping.
Standard Product Specified
L.N. Street Name Description(Priority 1 Streets) Price Per Street Price Per Street
(Standard Product) (Alternate Product)
1 North Jack's From Northridge Blvd.to cul-de- �
Lake Rd. sac. OI NO.08
2. Laurel Hill Dr. From North Jack's Lake Rd.to N' •i ��g O�
Cascade Falls Dr.
3. Willow Wind From Northridge Blvd.to Cascade ist Q
Dr. Falls Dr. of Z-17 &PD
4. 7,Willow Crest From Northridge Blvd.to Cascade
Dr. Falls Dr. ���/ OeS9
5. Hillview Dr. From Northridge Blvd.to Cascade
�j 70 7g
Falls Dr.
6. Cascade Falls From Northridge Blvd.to North
Dr. Jack's Lake Rd. PR ga,
7. Silhouette Dr. From Cascade Falls Dr.to Citrus 6l 37A ga
Tower Blvd.
B. Sundown Ln. From Cascade Falls to Evening Dr. Op? cp../3,(a%i
9. Sunset Village From Cascade Falls Dr.to Citrus 4, � pcz-d
Blvd. Tower Blvd. '
10. Nightfall Dr. From Cascade Falls Dr.to q)(14 as/•90
Silhouette Dr. 1*'
11. Evening Dr. F om Nightfall Dr.to Silhouette �J �6
12. Pier St. From North Jack's Lake Rd.to 3 o,/.q,%
Silhouette Dr. �7�' [
13 Lakeview From Pier St.to cul-de-sac /1071 /7S4L ,
Pointe Dr.
14 Reflections St. From Lakeview Pointe Dr.to North p/�,��
Jack's Lake Rd. d
From North Jack's Lake Rd.to cul-
15 n
Setting Sun de-sac '� 9.2.as
RFB No:14-033
Page 17 of 38
SECTION—C
PRICE SCHEDULE
Ct.
16 Aqua Ln. From North Jacks Lake Rd.to Hunt �}p
Trace Blvd. r)l ! a•/
17 Sailing Bay Dr. From Aqua Ln.to cul-de-sac ‘11g,qg
Brentwood o,
18 Dr.
From Briarhaven Ln.to end p� V
19
Briarhaven From Brentwood Dr.to cul-de-sac
L .
g?4, /o
20 Arbor Glen Ct. From Briarhaven Ln.to cul-de-sac �/414.,t O
21
Willow Bend From North Ridge Blvd.to end # 7 7g,1/61
22 Pleasant Hill From North Ridge Blvd.to Willow
Dr. Bend Dr.
23 Laurel Cove From North Ridge Blvd.to cul-de- 0 93 LL
Ct. sac
24 Muir Circle From Presidio Dr.to Presidio Dr. 0 rQ /�
and cul-de-sac(entire circle) '/ 715 ��
25 Presidio Dr. From North Ridge Blvd.to Citrus / p
Tower Blvd.including loop a� (�oa, a 6
26 Sutter Rd. From Muir Circle to Muir Circle 6 3,
27 Tucans Ct. From Muir Circle to cul-de-sac /00,00
0
tab ftaatizo Description(Priority 2 Price Price Perl
(Standard Product) (Alternate Product) 1
i
28 Vale Dr. From Skyridge Rd.to cul-de-sac , b.7/A5-11
29 Ridge Way St. From Vale Dr.to Citrus Tower �( ,p�2• 96
Blvd. fI' L3 J 7lp
Country
30 Brook Av. From Vale Dr.to Skyridge Rd. a 707 g,
RFB No:14-033-
Page 18 of 38
SECTION—C
PRICE SCHEDULE
31 Knollcrest Dr. From Vale Dr.to Skyridge Rd. p� 553.�OO
32 Woodvale St. From Knollcrest Dr.to cul-de-sac 114, 23 $Li1/
33 Crestridge Dr. From Woodvale St.to Cul-de-sacs 110
34 Skyridge Rd. From North Ridge Blvd.to 0.6 6�1 eA
Crestridge Dr. JJ�� 7
35 Presidio Dr. From Citrus Tower Blvd.to cul-de-
sac .5,g7/, gyp
36 Chancellor Ct. From Presidio Dr.to cul-de-sac it ga !? /i/
37 Lombard Cir. From Presidio Dr.to Presidio Dr. Ise
i 1/4f 0 Oo,
38 Pacific Av. From Presidio Dr.to North Ridge d/ n ,'O ? gg
Blvd f�o11
39 _Skyridge Rd. From North Ridge Blvd.to "14 6-7/
Southridge Rd.
40 Sky Valley St. From Wake Forest Av.to � gov, pn
Southridge Rd. j d6
41 Valley Ridge From Southridge Rd.to Southridge
Loop Rd. a?
4/01 S,0a
42 Wake Forest From Skyridge Rd.to Southridge „7
Av. Rd. of 3�oJ . /7
43 Sidge Valley From Presidio Dr.to Skyridge Rd.
0)c)
44
Southridge From cul-de-sac to cul-de-sac 7$ g 79i eoz
45 Brantley Cir. From Lakeshore Dr.to Brantley pt1
Cir.(entire circle)
46 Villa Ct. From Bloxam Av.to Bloxam Av. �I O 7�23, 9g
(entire circle)
47
Indian
Dr.
Shore From CR 561 to Shorecrest Cir. A
RFB No: 14-033
Page 19 of 38
SECTION—C
PRICE SCHEDULE
Shorecrest From Indian Shore Dr.to Indian ry
Cir. Shore Dr.(entire circle) 6� if 7�� / O
Oak Hollow From Shorecrest Dr.to Shorecrest �
49 Rd. Dr. r .16,/,
50 Indian Shore From Shorecrest Dr.to Shorecrest / �^
Dr. Dr. / 4;00 l .92°
Total Amount 17 q a9
Price Per Square Yards (Standard Product): $
Price Per Square Yards(Alternate Product): $ A/A
Name of Alternate Product: A01.
Contractor's Days to Final Completion: X✓ Calendar Days.
Not To Exceed: Ninety(90) Calendar Days From Notice To Proceed.
Complete next page.
RFB No 14-033
Page 20 of 38
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.
Respondent Information and Signature
Company Name(print): Pavement chnology, Inc.
Street Address: 24144 Detroit Road, Westlake, OH 44145
Mailing Address(if different):
Telephone: (440) 892-1895 Fax: (440) 892-0953
Email: jschlegel @pavetechinc.com Payment Terms: % days,net 30
FEIN: 34 . 1108308 Professional License No.: P12308
Signature. Date: 7/21/2014
Pnnt Name: John J. Schlegel Title: Vice President
Does the respondent accept payment using the City's MASTERCARD? ❑Yes ® No
END OF SECTION—C
RFB No:14-033
Page 21 of 38
&t< City of Clermont
Vim: 685 W.Montrose street Clement,FL 34711 (352)394-4081
PURCHASING DIVISION
RFB 14-033,2014 ASPHALT REJUVENATION
ADDENDUM No. 1—JUNE 23,2014
To all prospective respondents,please note the following changes:
The location to deliver your responses has changed. All responses shall be delivered to:
City of Clermont Finance Department,do Becki Young, 685 West Montrose Street, 3nd Floor, Clermont, FL
34711.
This addendum must be acknowledge and may be returned with your solicitation. All other terms,conditions and
specifications remain unchanged for RFB 14-033.
Pavement Technology, Inc. 7/21/2014
Name of Company Date
Vice President
/19 Signature Title
John J. Schlegel
Typed/Pnnted Name