2015-68 CONTRACT AGil99R,,E/IEMENT
THIS AGREEMENT, made and entered into this day of r ber 2015, A.D., by
City and between the of Clermont 685 West Montrose Street�nt, Florida (hereinafter
referred to as "OWNER"), and RYMAN MECHANICAL, INC., 36413 SR. 54, Zephyrhills, FL
33541 (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 specifications entitled:
RFB NO. 15-032 Clermont Arts and Recreation HVAC Renovations
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, in
lawful tender of the United States, and subject to addition and deductions as provided in the
Contract Documents and the Price Schedule, attached hereto and incorporated herein as Exhibit
"A." The total contract sum shall not exceed FIVE HUNDRED FORTY EIGHT THOUSAND
THREE HUNDRED NINETY SIX DOLLARS AND 00/100 CENTS ($548,396.00)
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 SEVEN (7) calendar days,
unless the period 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 Architect/Engineer when the installation is
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 work and that from
personal knowledge and experience or that 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 the specifications. All Drawings and Specifications have been read
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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 Project Architect/Engineer,and his 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 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.) As-built drawings, 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
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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 estimate by the OWNER and the Engineer,
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 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 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.
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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
Bodily Injury&Property Damage 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,
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insurance of the type specified above or insure the activities of his subcontractors in his policy, as
specified above.
4.) Owner's and Constractor's Protective Liability Insurance-The Owner shall procure
and furnish an Owner's and Constractor'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 Constractor's Liability Policy shall include Broad Form Property Damage
Coverage, Products and Completed Operations Coverages.
7.) 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.
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 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.
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(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: Ryman Mechanical, Inc.
36413 SR. 54
Zephyrhills, FL 33541
Attn: Drew Worthmann
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
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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.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
CITY all public records in possession of CONSULTANT 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 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) Specifications for RFB 15-032 Clermont Arts and Recreation HVAC Renovations,
including all addenda.
4) Payment and Performance Bonds
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this a day
of__32 /k10/. 2015.
City of Clermont
- -../64: ag-Z------
Gail L. Ash, Mayor
Attest:
'fr-- Ki--(61Ja4oL
Tracy Ackroyd, City Clerk
Ryman Mechanical, Inc.
By:
ORE ) W O feT H-M Allk/Ge , President
(Name Printed or Typed)
Attest:
Corpora ecretary
G el\
(Name Printed or Typed)
8
EXHIBIT A
SECTION —C
PRICE SCHEDULE
Final Completion Lump Sum Price Excluding RTU-16, RTU-17 and RTU-18 (as per
Drawings and Technical Specification documents).
(Words) CiSFLUN cR i uQ ` `Cll;iLaArt r Q
(Figures) $1415 CigtQ V y �iC �tAm-x"S
Additive Alternate 1 (Cost to replace RTU-16, RTU-17, and RTU 18).
(Words) O t(1t '.-1AAQ_9 4 tDtiStA )0ji uQ1ILLANCLUOSI t:4cMOD
(Figures) $ aA5igg.
Additive Alternate 2 (Cost for a full BMS system for twenty-one RTU's and seven
ERU's).
(Words) k-bibbk Neu `` cuua.angi RKruipdtka d ,
(Figures) $59 $qa)
Contractor's Days to Final Completion: Calendar Days.
Final Completion Not to Exceed: Ninety (90) Calendar Days from Notice To Proceed or
Purchase Order.
RFB No: 15-032
Page 13 of 40
7/8/2015 7:03 AM p.16
City of Clermont Bid 15-032
SECTION - C
PRICE SCHEDULE �T
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.
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1.
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Company Name(print): c O( y \( f. `—C .
Street Address: Q_41?a [ )1-1 .124'},ti{h\US, It 3o9-1 \
Mailing Address(if different):
Telephone: gib. • Og` Fax: gl B, s '. (p'Y13
Email: bfittiO0 1LiINCtdl ,OPayment Terms: % days,net
FEIN: 1.41 - 31.4'7 6035 Professional. License No.: 0 frria 04 1?
Signature: .. __7_____-----> Date: 1 la 1 3
Print Name: ZrP I f) (0991A Title: p✓\Q ick'"
Does the respondent accept payment using the City's MASTERCARD? es ❑ No
END OF SECTION-C
RFB No: 15-032
Page 14 of 40
7/8/2015 7:03 AM p. 17
67; FREDDY L. SUAREZ
Purchasing Director
LER, cDNI Purchasing Department
352-241-7350
i e of Champlonnsfsuarez@clermontfl.org
ADDENDA 1 —JULY 8, 2015
RFB 15-032—CLERMONT ARTS AND RECREATION HVAC RENOVATIONS
To all prospective respondents, please note the following changes:
Sheet M100 of the bid package drawings and specifications calls for the replacement of RTU-8. This unit
is less than two (2) years of age according to City staff, and can be eliminated from the scope of work for
this project for the base bid. It is preferred that the General Contractor's bidding this project provide an
alternate bid add-alternate price for the original scope of work involved with replacing this unit only.
Therefore, GC's shall provide their base bid per the bid drawings, with the exception of any work or
materials associated with RTU-8. GC's are encouraged to provide a separate line item for the deducted
work associated with replacing RTU-8.
Deductive Alternate:
Alternate No. 3: Scheduling and Scope for Expedited Work (DEDUCT)$
During the pre-bid meeting, it was identified that significant savings could be achieved by the City if the
Respondents / Successful bidders were allowed to schedule the work after hours, on weekends, or as
otherwise required, rather than during normal business hours when the building is fully occupied and
operational. This is acceptable to the City, however strict coordination is required by the GC which would
identify and quantify the times, and amount of down-time for various areas of the building. Bidders should
include in their bid package response a proposed work schedule, identifying the Bidder's best strategy for
completing the scope of work in a shorter timeframe, utilizing the ability to coordinate the above mentioned
scheduling coordination with the City. Proposed schedule shall include time and days the facility will be
shut down to conduct the work.
END OF ADDENDA 1
This addenda must be acknowledge and may be returned with your solicitation. All other terms, conditions
and specifications remain unchanged for RFB 15-032.
R' M I I ) tvt,-G t+A/V I t-A L 7:23--/S
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov
Name of Company Date
re Title
OR.Lk) (..3 ft, A-Al•v
Typed/Printed Name
685 W. Montrose Street Clermont, FL 34711 www.CiermontFL.gov
FREDDY L. SUAREZ
Purchasing Director
LER
ONT Purchasing Department
352-241-7350
Choice of Chamf i;; - fsuarez@clermontfI.org
ADDENDA 2 —JULY 21, 2015
RFB 15-032 —CLERMONT ARTS AND RECREATION HVAC RENOVATIONS
To all prospective respondents, please note the following Q&A from BidSync:
See next page.
END OF ADDENDA 2
This addenda must be acknowledge and may be returned with your solicitation. All other terms, conditions
and specifications remain unchanged for RFB 15-032.
Rym ,N ttA-L. 753~/S
Name of Company Date
1_.__....� Pi2 s/dJEAr i
"Wlatua Title
4R-12-") t o 2 T f+ gym ,/N
Typed/Printed Name
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov