Contract 2019-14A CONTRACTOR AGREEMENT
THIS AGREEMENT,is made and entered into this g ay of 2019,
by and between the CITY OF CLERMONT,FLORIDA,a municipal corporation under the
laws of the State of Florida whose address is: 685 W. Montrose Street,Clermont,Florida,
(hereinafter referred to as "OWNER"), and L7 Construction, Inc., whose address is: 3840
St. Johns Pkwy., Sanford, FL, 32771 (hereinafter referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
SECTION 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. 19-025 titled East Side Water Reclamation Facility Expansion Filter Project
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.
SECTION 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,the Price Schedule,attached hereto and incorporated
herein as Exhibit "A". The total contract sum shall not exceed ONE MILLION EIGHT
HUNDRED FIFTY SEVEN THOUSAND DOLLARS AND 00/100 CENTS
($1,857,000.00).
SECTION III—COMMENCEMENT AND COMPLETION OF WORK
1) The CONTRACTOR shall commence work within ten (10) calendar days after
receipt of(i)Notice to Proceed, (ii)Purchase Order and(iii)receipt of all permits required
to perform the work,and the CONTRACTOR will substantially complete the same within
THREE HUNDRED SERVENTY FIVE (375) 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 OWNER's Architect/Engineer as 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. Final Completion shall be FORTY
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FIVE (45)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 project site and that
from personal knowledge and experience 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 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 OWNER's designated Project Manager after consultation with the
Project Architect,and the OWNER's Project Manager's 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.
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SECTION IV—AUTHORIZED REPRESENTATIVES
1) Before starting work, CONTRACTOR shall designate a competent, authorized
representative acceptable to OWNER to represent and act for CONTRACTOR and shall
inform OWNER in writing,of the name and address of such representative together with a
clear definition of the scope of his authority to represent and act for CONTRACTOR and
shall specify any and all limitations of such authority. At the Pre-construction Conference,
CONTRACTOR shall provide resumes of key personnel for OWNER's approval.
CONTRACTOR shall keep OWNER informed in writing pursuant to the notice
requirements provided herein of any subsequent changes in the foregoing. Such
representative shall be present or duly represented at the site of work at all times when
work is actually in progress.
2) From the time of execution of the Contract, the OWNER shall have the right to
remove the CONTRACTOR's representative from the project for inappropriate behavior
including, but not limited to, lack of concern for residents, or acting in an unprofessional
manner(i.e. argumentative with residents or OWNER's representative and the use of foul
language).
3) All notices, determinations, instructions and other communications given to the
authorized representatives of the CONTRACTOR shall be binding upon CONTRACTOR.
Nothing contained herein shall be construed as modifying the CONTRACTOR's duty of
supervision and fiscal management as provided for by Florida law.
4) The OWNER shall designate a Project Manager who will have limited authority to
act for the OWNER. The OWNER will notify the CONTRACTOR in writing of the name
of such representative(s). Any other City employees are not authorized OWNER
representatives and any work performed by the CONTRACTOR without proper written
authorization from the Project Manager as approved by OWNER, is performed at the
CONTRACTOR's risk, and the City shall have no obligation to compensate the
CONTRACTOR for such work.
SECTION V—LAWS AND REGULATIONS
1) CONTRACTOR and its employees and representatives shall at all times comply
with all applicable laws, codes, ordinances, statutes, rules or regulations in effect at the
time work is performed under this Contract.
2) If,during the term of this Contract,there are any changed or new laws,ordinances
or regulations not known or foreseeable at the time of signing this Contract which become
effective and which affect the cost or time of performance of the Contract,CONTRACTOR
shall immediately notify OWNER in writing and submit detailed documentation of such
effect in terms of both time and cost of performing the Contract. Upon concurrence by
OWNER as to the effect of such changes, an adjustment in the compensation and/or time
of performance will be made, if applicable.
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3) If any discrepancy or inconsistency should be discovered between the Contract and
any law,ordinance,regulation, order or decree, CONTRACTOR shall immediately report
the same in writing to OWNER who will issue such instructions as may be necessary.
However,it shall not be grounds for a Change Order that the CONTRACTOR was unaware
of or failed to investigate the rules, codes, regulations, statutes, and all ordinances of all
applicable governmental agencies having jurisdiction over the Project or the work.
SECTION VI—CODE RELATED INSPECTIONS
The CONTRACTOR recognizes that the City of Clermont is the governing jurisdiction
charged with the inspection of improvements to real property for code compliance and the
improvements to be made by the CONTRACTOR pursuant to this contract may be subject
to inspection by City of Clermont or its agents. The CONTRACTOR agrees that it will
not assert, as a City-caused delay or as a defense of any delay on the part of the
CONTRACTOR, any good faith action or series of actions on the part of the City or its
agents with regard to inspections, including, but not limited to the refusal to accept any
portion of the CONTRACTOR's work.
SECTION VII—VALUE ENGINEERING
Contractor may request substitutions of materials, articles, pieces of equipment or any
• changes that reduce the contract price by making such request to the Project Manager and
Project Architect/Engineer in writing. The Project Manager and Project
Architect/Engineer will be the sole judge of acceptability,and no substitute will be ordered,
installed, used or initiated without Project Manager and Project Architect/Engineer prior
written acceptance which will be evidence by a City issued Change Order. However, any
substitution accepted by Project Manager and Project Architect/Engineer shall not result in
any increase in the contract price or contract time. By making a request for substitution,
the Contractor agrees to pay directly to the Project Architect/Engineer fees and charges
related to the Project Architect/Engineer review of the request for substitution, whether or
not the request for substitution is accepted by the Project Architect/Engineer. The
successful respondent also agrees to pay for any additional required design and/or
permitting fees necessitated by the proposed changes. Any substitution submitted by the
Contractor must meet the form, fit, function and life cycle criteria of the item proposed to
be replaced and there must be a net dollar savings including Project Architect/Engineer
review fees and charges. If a substitution is approved,the net dollar savings shall be shared
equally between the successful respondent and City and shall be processed as a deductive
Change Order. The City may require the Contractor to furnish, at their expense, a special
performance guarantee or other surety with respect to any substitute approved after award
of the contract:
SECTION VIII—PARTIAL AND FINAL PAYMENTS
In accordance with the provisions fully set forth in the Bid Documents and General
Conditions,and subject to additions and deductions as provided,the OWNER shall pay the
CONTRACTOR as follows:
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1 CONTRACTOR shall submit a progress payment request by the twentieth(20th)day
of each calendar month for work performed during the current calendar month,
projected through the 25th. At any time, the OWNER shall have the right as a
condition of making a partial payment hereunder, to require CONTRACTOR to
submit evidence satisfactory to the OWNER that all payrolls,material bills and other
costs incurred by the CONTRACTOR in connection with the subject progress
payment request have been paid in full. Upon OWNER'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 Architect, 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 IX—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 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 beneficial occupancy(substantial completion)and/or final
completion; 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. NOTE: Not
necessary, this would come out of contract balance. Contractors pay applications
would be reduced to cover anticipated liquidated damages.
SECTION X—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
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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.
SECTION XI—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.
SECTION XII—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)
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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$1,000,000
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) 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.
4) Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR shall
indemnify and hold harmless the OWNER and Tetra Tech, Inc. 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. 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 Section.
(b) In any and all claims against the OWNER and Tetra Tech, Inc. 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.
5) Builder's Risk Coverage-The CONTRACTOR shall take out and maintain during
the life of this Agreement a"Builder's Risk Policy"completed value form,issued to provide
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coverages on an "all risk" basis including theft. This coverage shall not be lapsed or
canceled because of partial occupancy by the OWNER prior to final acceptance of the
Project. The OWNER may elect to take out and maintain this insurance coverage. Should
the OWNER purchase said insurance,the insurance policy shall have a deductible for each
occurrence of$5,000.00. The CONTRACTOR shall be responsible for losses up to the
amount of the deductible.
SECTION XIII—TAXES
1) CONTRACTOR shall pay all taxes, levies,duties and assessments of every nature
that may be applicable to any work under this Contract. The Contract Sum and any agreed
variations thereof shall include all taxes imposed by law. CONTRACTOR shall make any
and all payroll deductions required by law. CONTRACTOR herein indemnifies and holds
the OWNER harmless from any liability on account of any and all such taxes,levies,duties,
assessments and deductions. Such indemnification shall be in accordance with the terms
and conditions of the Indemnification provisions provided herein.
2) OWNER and CONTRACTOR hereby acknowledge that OWNER is a tax-exempt
entity. Where applicable, and so directed by the OWNER, the OWNER reserves the right
to implement, at its convenience, a tax exemption program to buy selected materials and
place the tax savings in line item contingency.
SECTION XIV—SUCCESSORS,ASSIGNS AND ASSIGNMENT
The OWNER and the CONTRACTOR each bind itself, its officers, directors, qualifying
agents,partners, successors,assigns and legal representatives to the other party hereto and
to the partners, successors, assigns and legal representatives of such other party in respect
to all covenants, Agreements and obligations contained in the Contract. It is agreed that
the CONTRACTOR shall not assign,transfer, convey or otherwise dispose of the contract
or its right,title or interest in or to the same or any part thereof,or allow legal action to be
brought in its name for the benefit of others,without previous consent of the OWNER and
concurred to by the sureties.
SECTION XV—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: L7 Construction, Inc.
3840 St. Johns Parkway
Sanford, FL 32771
Attn: Brett M. Lefever
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OWNER: City of Clermont
Attn: Darren Gay, City Manager
685 W. Montrose Street
Clermont, FL 34711
SECTION XVI—OPTIONAL TERMINATION
1) OWNER may,at its option, terminate the Contract,in whole or in part,at any time
by written notice thereof to CONTRACTOR,whether or not CONTRACTOR is in default.
Upon any such termination, CONTRACTOR hereby waives any claims for damages from
the optional termination, including loss of anticipated profits, on account thereof, but as
the sole right and remedy of CONTRACTOR, OWNER shall pay CONTRACTOR in
accordance with Subparagraphs below, provided, however, that those provisions of the
Contract which by their very nature survive final acceptance under the Contract shall
remain in full force and effect after such termination.
2) Upon receipt of any such notice, CONTRACTOR and its Surety shall, unless the
notice requires otherwise:
(a) Immediately discontinue work on the date and to the extent specified in the
notice;
(b) Place no further orders or subcontracts for materials,services,or facilities,other
than as may be necessary or required for completion of such portion of work
under the Contract that is not terminated;
(c) Promptly make every reasonable effort to obtain cancellation upon terms
satisfactory to OWNER of all orders and subcontracts to the extent they relate
to the performance of work terminated or assign to OWNER those orders and
subcontracts and revoke Agreements specified in such notice;
(d) Assign all Subcontracts required for performance of this Contract to the
OWNER. In anticipation of such a remedy, the CONTRACTOR shall include
in all Subcontracts, equipment leases and purchase order, a provision requiring
the subcontractor,equipment lessor or supplier,to consent to the assignment of
their Subcontract to the OWNER and to agree to the greatest extent possible to
cooperate with the OWNER;
(e) Assist OWNER, as specifically requested in writing, in the maintenance,
protection and disposition of property acquired by OWNER under the Contract;
and
(f) Complete performance of any work that is not terminated.
3) Upon any such termination, OWNER will pay to CONTRACTOR an amount
determined in accordance with the following(without duplication of any item):
(a) All amounts due and not previously paid to CONTRACTOR for work
completed and accepted in accordance with the Contract prior to such notice,
and for work thereafter completed as specified in such notice.
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(b) The reasonable cost of settling and paying claims arising out of the termination
of work under subcontracts or orders as provided above.
(c) The verifiable costs incurred as set forth above.
(d) Any other reasonable costs which can be verified to be incidental to such
termination.
4) The foregoing amounts will include a reasonable sum, under all of the
circumstances, as profit for all work satisfactorily performed by CONTRACTOR.
5) CONTRACTOR shall submit within thirty (30) days after receipt of notice of
termination, a proposal for an adjustment to the contract price including all incurred costs
described herein. OWNER shall review, analyze, and verify such proposal, and negotiate
an equitable adjustment, and the Contract shall be amended in writing accordingly.
SECTION XVII —MISCELLANEOUS
1) Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, each party shall bear its own attorney fees.
2) Waiver. The waiver by OWNER of breach of any provision of this Agreement
shall not be construed or operate as a waiver of any subsequent breach of such
provision or of such provision itself and shall in no way affect the enforcement of
any other provisions of this Agreement.
3) Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4) Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5) Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6) Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, 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.
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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 CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically 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.
SECTION XVIII —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.
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Document Precedence:
1) Contract Agreement
2) Plans and Specifications for East Side Water Reclamation Facility Expansion Filter
Project, including all addenda.
3) All documents contained in RFB No. 19-025, titled East Side Water Reclamation
Facility Expansion Filter Project and CONTRACTOR's response thereto including, the
Instructions to Bidders and proposal guarantee, if any.
4) Payment and Performance Bonds
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of ,2019.
City of lermont
Gail L. Ash, Mayor
Attest:
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Tracy Ackroyd Howe, City Clerk
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L7 Construction, Inc.
By:
(Si azure)
�_ re.-1 k LQ ever 7re.Si cls►-rf-
(Name &Title Printed or Typed)
Attest:
Corporate Secretary
ac‘i Leceve
(Name Printed or Typed)
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EXHIBIT A
SECTION — C
PRICE SCHEDULE
Should certain additional work be required, or should the quantities submitted by the
Contractor of certain classes be increased or decreased from those required by Contract
Documents, the unit prices contained below are the basis of quantifying payment to the
Contractor or credit to Owner, for such increase in the work. No additional adjustments
will be allowed. Contractor is required to enter the quantity, unit price, and total on the
spaces provided below.
LS= Lump Sum LF = Linear Feet SF= Square Feet CY =Cubic Yard EA = Each
L.N. Description Quantity Unit Unit Price
0.
1 Mobilization/Demobilization 1 LS $ go,coo.
2 General Requirements 1 LS $ °°
SO, 000, —'
3 Idemnification 1 LS $ e°
30 oao, —
4 Aqua Aerobic Disk Filters* 1 LS $ I,307 600.
5 Phase 1 Demolition/Modifications 1 LS $ 1I 0, 600
6 Phase 2 Demolition/Modifications 1 LS $ 110, OOd , a-
7 Phase 3 Demolition/Modifications 1 LS $ 60,000,
Total Base Bid Price '''' , -1 AA, do
(Add Line Items 1 through 7) f
ALTERNATE BID ITEM TO LINE 4: ,Q
8 Five Star Disk Filters 1 LS I /428/ OW
Total Base Bid Price +Alternate
(Add Line Items 1-3,5-8) I ) 0, 00:).
Contractor's Days to Substantial Completion: 3'15 Calendar Days.
Not to exceed: Three Hundred Seventy Five(375) Calendar Days from Notice To Proceed
To Substantial Completion. Final Completion Not To Exceed Forty Five (45) Calendar
Days Thereafter.
RFB No: 19-025
Page 15 of 60
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): L'1 Cons\-Ucion/Inc,
Street Address: 10 30hns lar 4Gua(h &n•I u d, ft 3A-' J
Mailing Address(if different):
Telephone: 3)I) Gm- gsas Fax: (Mph) 13a- Via
Email: hLfftvC .€t11 cOnftcts.Jm Payment Terms: lb° % days,net 30
FEIN: ( p - bawd Professional. License No.: C hc, 1514 v 51.41
Signature: a•A Date: Jan(gV11 aS,b. '�j(f'_(
Print Name: 0 I. r Title: it%det
Does the respondent accept payment using the City's MASTERCARD? 0 Yes 13 rvo
•
END OF SECTION -C
RFB No: 19-025
Page 16 of 60
Nielson, Mosholder & Associates
A member of Nielson & Company, Inc.
4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771
(407) 330-3990
PUBLIC WORKS BOND
In compliance with Florida Statutes 255.05(1)(a)
PERFORMANCE
BOND NO: 21 BCSIA5530
Contractor Name: L7 Construction, Inc.
Address: 3840 St. Johns Parkway
Sanford, Florida 32771
Phone No: 321-972-9325
Surety Company: Hartford Fire Insurance Company
Surety Address: One Hartford Plaza
Hartford, CT 06155
Surety Phone No: (860) 547-5000
Owner Name: City of Clermont, Florida
Address: 685 W. Montrose Street
Clermont, Florida 34711
Phone No: 352-241-7350
Obligee Name:
(if different for property owner)
Obligee Address:
Obligee Phone No:
Project Name: East Side Water Reclamation Facility Expansion Filter Project —
RFB No. 19-025, Clermont, Florida
Project Location: Lake County, Florida
Legal Description: East Side Water Reclamation Facility Expansion Filter Project —
RFB No. 19-025, Clermont, Lake County, Florida
SECTION — K
BONDS
PERFORMANCE BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH LABOR AND MATERIAL PAYMENT BOND
IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE
OF THE CONTRACT.
Bond No.21 BCSIA5530
KNOW ALL MEN BY THESE PRESENTS:
L7 Construction, Inc.,3840 St.Johns Parkway,Sanford, Fl.32771
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and
Hartford Fire Insurance Company,One Hartford Plaza Hartford,CT 06155
(Full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont, as
Obligee, hereinafter called OWNER, in the amount of:
-One Million Eight Hundred Fifty Seven Thousand and 00/100-
(Dollar Amount in Words)
($ 1,857,000.00
(Dollar Amount in Numbers)
(Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, nn
CONTRACTOR has by written Agreement dated l�i a, (�U�� , entered into a Contract
with OWNER for: East Side Water Reclamation Facilit in accordance with Drawings and
Specifications pre ar xcaDswn "Vert
lter a Tec t- Kru No. t9=o25 for the OWNER, which
P Y Te+ra Tech Inc
contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR
shall promptly and faithfully perform said Contract, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the OWNER.
Whenever CONTRACTOR shall be, and declared by OWNER to be in default under the Contract,
the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly
remedy the default, in accordance with Section 255.05, Florida Statutes, or shall promptly,
RFB No: 19-025
Page 35 of 60
SECTION — K
BONDS
1.) Complete the Contract in accordance with its terms and conditions or within sixty (60)
calendar days.
2.) Obtain a bid or bids for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsible bidder, or if the
OWNER elects, upon determination by the OWNER and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and OWNER, and make
available as work progresses (even though there should be a default or a succession of
defaults under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the Contract price; but
not exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term "balance of the
Contract price," as used in this paragraph, shall mean the total amount payable by
OWNER to CONTRACTOR under the Contract and any amendments thereto, less the
amount properly paid by OWNER to CONTRACTOR.
3.) Upon termination of the Contract by the OWNER due to the CONTRACTOR'S failure to
perform under the conditions herein set forth in the Contract, the OWNER may without
prejudice to any right or remedy and after giving the CONTRACTOR and his Surety if any,
seven (7) days written notice, terminate the employment of the CONTRACTOR, and take
possession of the site and all of the materials, equipment, tools, construction equipment,
and machinery thereon owned by the CONTRACTOR and may finish the work by
whatever method he may deem expedient. In such case the CONTRACTOR shall not be
entitled to receive any further payment until the work is finished.
4.) A claimant, except a laborer, who is not in privity with the Principal and who has not
received payment for his labor, materials or supplies shall, within 45 days after beginning
to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal
with a notice that he intends to look to the bond for protection, and
5.) A claimant who is not in privity with the Principal and who has not received payment for
his labor, materials, or supplies shall, within 90 days after performance of the labor or after
complete delivery of materials or supplies, deliver to the Principal and to the Surety written
notice of the performance of the labor or delivery of the materials or supplies and of the
nonpayment.
6.) Other than a suit by OWNER, no action shall be instituted against the Principal or the
Surety on the bond after one (1) year from the performance of the labor or completion of
delivery of the materials or supplies.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the OWNER named herein or the heirs, executors, administrators or successors of the
OWNER.
RFB No: 19-025
Page 36 of 60
SECTION — K
BONDS n
THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS of ' DAY
OF -A prt 1 2019.
L7 Construction,Inc. .
(Principal) (Seal)
(.9..4._
(Witness) '
By: ,� ��'
-nual Signature)
-�resi d 9 r�i-
(Title)
Hartford Fire Insurance Company
(Surety) (Seal)
t]: /7 „.„,„„,
__
. lanes) atalie C.De ers ` `�
(Ma ual Si ure)
Laura D. Mos�lder-,A-ttor-nev4-Fact&
-(fiitre) -F1ar(da Resident _
__
-
7 ��
2 .. Ce_ k._, .._ _
( Went Agent'as Attorney-in-Fact) -Laura D. Mosholder
, 7 _ , , ;
itne -) Natalie C. De ers
4380 St.Johns Pkwy.,Ste. 110
(Address)
Sanford,Florida 32771
Inquiries: 407-330-3990
(Telephone Number)
Power of Attorney attached hereon:
RFB No: 19-025
Page 37 of 60
t .
Nielson, Mosholder& Associates
A member of Nielson&Company, Inc.
4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771
(407) 330-3990
PUBLIC WORKS BOND
In compliance with Florida Statutes 255.05(1Xa)
PAYMENT BOND
BOND NO: 21BCSIA5530
Contractor Name: L7 Construction, Inc.
Address: 3840 St. Johns Parkway
Sanford, Florida 32771
Phone No: 321-972-9325
Surety Company: Hartford Fire Insurance Company
Surety Address: One Hartford Plaza
Hartford, CT 06155
Surety Phone No: (860) 547-5000
Owner Name: City of Clermont, Florida
Address: 685 W. Montrose Street
Clermont, Florida 34711
Phone No: 352-241-7350
Obligee Name:
(if different for property owner)
Obligee Address:
Obligee Phone No:
Project Name: East Side Water Reclamation Facility Expansion Filter Project —
RFB No. 19-025, Clermont, Florida
Project Location: Lake County, Florida
Legal Description: East Side Water Reclamation Facility Expansion Filter Project —
RFB No. 19-025,Clermont, Lake County, Florida
SECTION — K
BONDS
LABOR AND MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH THE PERFORMANCE BOND IN FAVOR OF
THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE
CONTRACT.
Bond No.21BCSIA5530
KNOW ALL MEN BY THESE PRESENTS: That
L7 Construction,Inc.,3840 St.Johns Parkway,Sanford, Fl.32771
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and
Hartford Fire Insurance Company,One Hartford Plaza Hartford,CT 06155
(Full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont as
Obligee, hereinafter called OWNER, in the amount of:
-One Million Eight Hundred Fifty Seven Thousand and 00/100-
(Dollar Amount in Words)
($ 1,857,000.00 )
(Dollar Amount in Numbers)
(Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, n4/� n (�
Principal has by written Agreement dated A`JrI god, otO�"I , entered into a Contract with
OWNER for the construction of East Side Water Reclamation Facility in accordance with Drawings and
Expansion Filter P ect-RF13
Specifications prepared by Tetra �ech,Inc. �r the �lt, which contract is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall
promptly make payment to all claimants as hereinafter defined, for all labor and materials used or
reasonably required for use in the performance of the Contract, then this obligation shall be void;
otherwise it shall remain in full force and effect, subject, however to the following conditions in
accordance with Section 255.05, Florida Statutes:
1.) A claimant is defined as one having a direct contract with the Principal or with a
subcontractor of the Principal for labor, material, or both, used or reasonably required for
use in the performance of the Contract, labor and material being construed to include that
part of water,gas, power, light, heat,oil,gasoline,telephone service or rental of equipment
directly applicable to the Contract.
RFB No: 19-025
Page 38 of 60
SECTION — K
BONDS
2.) The above-named Principal and Surety hereby jointly and severally agree with the
OWNER that every claimant as herein defined, who has not been paid in full before the
expiration of a period of ninety(90)days after the date on which he last of such claimant's
work or labor was done or performed, or materials were furnished by such claimant, may
sue on this bond for the use of such claimant, prosecute the suit to final judgment for such
sum or sums as may be justly due claimant, and have execution thereon. The OWNER
shall not be liable for the payment of any costs or expenses of any such suit.
3.) Other than the OWNER, no suit or action shall be commenced hereunder by any claimant:
a.) Unless claimant, other than one having a direct contract with the Principal shall
have given written notice to any two of the following: The Principal, the OWNER,
or the Surety above named, within ninety (90) days after such claimant did or
performed the last of the work or labor, or furnished the last of the materials for
which said claim is made, stating with substantial accuracy the amount claimed
and the name of the party to whom the materials were furnished, or for whom the
work or labor was done or performed. Such notice shall be served by mailing the
same by registered mail or certified mail, postage prepaid, in an envelope
addressed to the Principal, OWNER or Surety, at any place where an office is
regularly maintained for the transaction of business, or served in any manner in
which legal process may be served in the state in which the aforesaid project is
located, save that such service need not be made by a public officer.
b.) After the expiration of one (1) year following the date on which Principal ceased
work on said Contract, it being understood, however, that if any limitation
embodied in this bond is prohibited by any law controlling the construction hereof
such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
c.) Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is situated,
or in the United States District Court for the district in which the Project, or any part
thereof, is situated, and not elsewhere.
d.) A claimant, except a laborer, who is not in privity with the Principal and who has
not received payment for his labor, materials or supplies shall, within 45 days after
beginning to furnish labor, materials or supplies for the prosecution of the work,
furnish the Principal with a notice that he intends to look to the bond for protection,
and
e.) A claimant who is not in privity with the Principal and who has not received payment
for his labor, materials or supplies shall, within 90 days after performance of the
labor or after complete delivery of materials or supplies, deliver to the Principal and
to the Surety written notice of the performance of the labor or delivery of the
materials or supplies and of the nonpayment.
RFB No: 19-025
Page 39 of 60
SECTION - K
BONDS
f.) No action shall be instituted against the Principal or the Surety on the bond after
one (1) year from the performance of the labor or completion of delivery of the
materials or supplies.
The amount of this bond shall be reduced by and to the extent of a payment or payments made
in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed
or record against said improvement whether or not claim for the amount of such lien be presented
under and against this bond.
THE FOREGOING LABOR AMID MATERIAL PAYMENT BOND WAS SIGNED AND SEALED
THIS and DAY OF /Vi 2019.
L7 Construction,Inc.
• (Principal) (Seal)
(Witness)
By: 'lam j1 A
.nual Signature).
res�cnt-
(Title)
Hartford Fire Insurance Company
(Surety) (Seal)
fitness) Natalie C. Dem rs
_.1.114(---(24=
By:
anual Sign re)
__Laura aura D.--MosholD.--Mosholder,Mholder,Attorney-In-Fact&
i (Title) Flori a Re ' ent Agent_
(Resident Agent as orney-in- ac -Laura D.Mosholder
/
/•—f
(J, zie/
(W• ess) Natalie C.De ers 4380 St.Johns Pkwy.,Ste. 110
Sanford,Florida 32771
(Address) Inquiries: 407-330-3990
Power of Attorney attached hereon:
RFB No: 19-025
Page 40 of 60
• Direct Inquiries/Claims to:
THE HARTFORD
POWER OF ATTORNEYBOND,T-12
One Hartford Plaza
Hartford,Connecticut 06155
bond.claims(a)thehartford.com
call:888-266-3488 or fax:860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: Nielsen&Company,Inc.
Agency Code: 21-229752
X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana
X Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint,
up to the amount of unlimited:
Laura D. Mosholder, Natalie C. Demers, Stephanie McCarthy
of
Sanford, FL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6,2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
arrlaw y0 +p►r1 •_ ,�}itrs r7p "-a:Ns\ de w�N.
(( t; .\W.utt•+G, a ♦rae f _ ) mss. �yutb.�t,r_ .z10.444 :ck
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4 �'-,`maws.• 1 ••:�)•�l • ''4'•�+'•.hlgo.�.5 ��•..tu.'
/14' it/
John Gray,Assistant Secretary M. Ross Fisher,Senior Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD
On this 1191 day of January 2016,before me personally came M. Ross Fisher,to me known,who being by me duly sworn,did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
• Aurae • Kathleen T.Maynard
Notary Public
CERTIFICATE My Commission Expires July 31,2021
I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies,which is still in full force effective as of
Signed and sealed at the City of Hartford.
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Kevin Heckman,Assistant Vice President