2016-58 P^
CONTRACTOR AGREEMENT FOR
STREET RESURFACING SERVICES
THIS AGREEMENT, made and entered into this cell day of A u 09—r 2016,
A.D., by and between the City of Clermont, 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "CITY"), and ALLSTATE PAVING, INC., 5284 Patch Road,
Orlando, FL 32822 (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. 16-044-2016 STREET RESURFACING SERVICES
as prepared by CITY 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 CITY shall pay to the CONTRACTOR, for the faithful performance of the Contract as
set forth in the contract documents and the Price Schedule, attached hereto and
incorporated herein as Exhibit "A", in lawful tender of the United States, the total contract
sum of THREE HUNDRED THIRTY SIX THOUSAND, EIGHT HUNDRED NINETY
SIX DOLLARS AND 00/100 CENTS ($336,896.00).
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 forty (40)
calendar days, unless the period for completion is extended otherwise by the
amendment or change order to the Contract. Final completion shall be fifteen (15)
calendar days thereafter.
2. The CONTRACTOR shall prosecute the work with faithfulness and diligence.
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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 CITY than
against the CONTRACTOR and his Surety.
Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be
interpreted and construed by the CITYS 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 CITY 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 CITY of
strict compliance with the terms of this- Contract and/or the Drawings and
Specifications covering said work; and the CITY 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 CITY, 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 CITY for all damages, loss and expense caused to the CITY 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 CITY must be
submitted to the CITY before final payment will be made to the CONTRACTOR.
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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 CITY the sum of THREE HUNDRED DOLLARS
($300.00) 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 CITY, and shall be considered not as a penalty, but in
liquidation of damages sustained. Contractor shall pay the liquidated damages
amount contained herein to CITY within fifteen (15) days of receipt of CITY's
wntten 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 CITY 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 CITY 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 CITY for work performed during the
preceding calendar month under the Contract. To insure proper performance of the
Contract, the CITY 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 CITY 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 CITY, 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 CITY.
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ARTICLE VI—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 CITY 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 VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The Contractor shall take out and
maintain during the life of this Agreement Worker's Compensation Insurance for all his
employees connected with the work of this Project and, in case any work is sublet, the
Contractor shall require the subcontractor similarly to provide Worker's Compensation
Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Contractor. Such insurance shall comply with the Flonda
Worker's Compensation Law. In case any class of employees engaged in hazardous work
under this contract at the site of the Project is not protected under the Worker's
Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the
CITY, 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
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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. CITY's,and Contractor's Protective Liability Insurance - The CITY shall
procure and furnish an CITY'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 CITY 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.
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(b) In any and all claims against the CITY or any of its agents or employees
by any employee,of the Contractor, any subcontractor, anyone directly
or jndirectly 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 CITY for the indemnification
provided herein.
ARTICLE VIII—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: Allstate Paving, Inc.
5284 Patch Road
Orlando, FL 32822
Attn: Lendsey Phillips, President
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX—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 wnting 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 pnor 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
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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.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT
THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S
OFFICE, (352)241-7331.
ARTICLE X—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.: 16-044 — 2016 Street Resurfacing Services,
including any all addenda or amendments thereto and CONTRACTOR's June 30,
2016 response thereto.
3. Instruction to Bidders
4. Payment and Performance Bonds
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this& day of A4-tjaS ,2016.
Attest- City of lermont
/ / �/ `/ /
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- .-:Tracy Ackroyd H! e, City Clerk Gail L. Ash, Mayr
= Date: %' 9—,20/
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Attest: Allstate Paving, Inc.
z o to Secretary • - : Title
Date _Xt/6/th
CORPORATE SEAL r
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EXHIBIT "A"
UNIT PRICE SCHEDULE
L.N. Street Name Description Price Per Street
1 Linden Street From West Avenue To 12th Street $27,001 00
Mill 1-inch and add 1-inch of asphalt
2 Linden Street From East Avenue To Dead End $17,059 00
Mill 1-inch and add 1-inch of asphalt
3 Seminole Street From Lake Avenue To East Avenue $40,449 50
Mill 1-inch and add 1-inch of asphalt
4 East Juniata Street From Disston Avenue To School Street $17,346 00
Mill 1-inch and add 1-inch of asphalt
5 Disston Avenue From Highland Avenue To DeSoto Street $18,011 00
Mill 1-inch and add 1-inch of asphalt
6 Carrol Street From 3rd Street To Dead End $20,251 00
Mill 1-inch and add 1-inch asphalt
7 Holly Street From Chestnut Street To West Magnolia $17,801 00
Mill 1-inch and add 1-inch of asphalt
From Bloxam Avenue To Dead End
8 Sunnydell Drive Mill 1-inch and add 1-inch of asphalt $8,687 00
9 Anderson Street From Minnehaha Avenue To SR 50. $15,050 00
Mill 1-inch and add 1-inch of asphalt
49 48th-Street $12,901.00
11 East Broome From Disston Street To Scott Street
Mill 1-inch and add 1-inch of asphalt $11,872 00
From SR 50 To Seminole Street
12 West Avenue Mill 1-inch and add 1-inch of asphalt 26,143 00
13 Chestnut Street From 7th Street To Lake Avenue $9 660 00
Mill 1-inch and add 1-inch of asphalt
14 Scott Street From East Highland Avenue To Juniata Street
Mill 1-inch and add 1-inch of asphalt $12,412.50
15 Disston Avenue From Almond Street To Lakeshore Drive
Mill 1-inch and add 1-inch of asphalt $34,697 00
16 School Street From East Highland Avenue To Desoto Street
Mill 1-inch and add 1-inch of asphalt $17,325 00
17 West Avenue From SR 50 To Montrose Street
Mill 1-inch and add 1-inch of asphalt $43,131 00
Total Price $336,896 00
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