2002-14
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City of Clermont
P.O. Box 120219
Clermont, FL 34712-0219
352-394-4081 .352-394-1452
OfficE' oft/Ie City Manager
Transmittal Letter
To:
Dave Whitley, McCree, Inc., 500 E, Princeton St., Orlando, FL 32803
cc:
Mark Gordon, PPI Management - Tim McNicholas, CT Hsu & Associates
Date:
July 10, 2002
Project:
New City Hall
We transmit:
COPIES: DATE: NO.: DESCRIPTION: ACTION CODE:
1 Original Construction Contract B
1 Notice of Commencement B
1 Notice to Proceed B
Action Codes:
A. Action indicated on item transmitted
C. For signature and return to this office
B. No Action Required
D. For signature and forwarded as noted in REMARKS
E. See REMARKS below
REMARKS:
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Contract No:
CITY COUNCIL OF CITY OF CLE;RMONT, FLORIDA
NEW CLERMONT CITY HALL
LUMP SUM CONSTRUCTION CONTRACT
CONTRACT:
Made between the City Council City of Clermont, Florida (hereinafter called CITY), represented
by the Mayor executing this Contract, and McCree, Incorporated, 500 E. Princeton St., Orlando,
FL 32803, (Federal Identification Number: 59-0708313), a Corporation formed under the laws
of the State of Florida, hereinafter called Contractor.
The CONTRACTOR shall perform all the Work required by the Contract Documents for the
proper execution and completion of New Clermont City Hall Construction (hereafter frequently
called the "Work") in full accordance with the drawings and as elaborated in this Contract, the
General Conditions, Special Conditions, the Drawings and the Specifications attached hereto
and by this reference made a part hereof as completely as if set forth herein.
AMOUNT OF CONTRACT:
The CITY shall pay the Contractor in current funds, and in accordance with the progress
payment schedule as stated herein, for the performance of the Work, subject to additions and
deductions by Change Order as provided in the Contract Documents, the Contract Amount of
four million, three hundred fifty thousémd, three hundred dollars ($4,350,300.00), which includes
the Base Bid and Alternate Bids #1 through #6 as the lump sum set forth in the Invitation for Bid
Official Bid Form.
ASBESTOS FREE MATERIALS:
Project is to be constructed with asbestos free materials. A written, notarized statement on
company letterhead is to be submitted with the final payment request. Final payment shall be
withheld until such statement is submitted. Contractor shall agree that if materials containing
asbestos are subsequently discovered at any future time to have been included in the construction
done by the Contractor or any of its Subcontractors or agents and were not specified in the
design or required by the contract document, Contractor shall be liable for all costs related to the
abatement of such asbestos and damages or claims against the CITY.
ADMINISTRATIVE DATA:
Progress Payments: Based upon Applications for Payment submitted to the CITY Project
Manager by the Contractor and Certificates for Payment issued by the Project Manager the CITY
shall make progress payments on account of the Contract Amount to the Contractor as provided
in the Contract Documents as follows:
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Not later than 30 days following approval of an application for Payment, ninety percent (90%) of
the portion of the Contract Amount properly allocable to labor, materials and equipment
incorporated in the Work and ninety percent (90%) of the portion of the Contract Amount
properly allocable to materials and equipment suitably stored at the site for the period covered by
the application for payment, less the aggregate of previous payments made by the CITY. Upon
Final completion of the entire Work, a sum sufficient to increase the total payments to one
hundred percent (100%) of the Contract Amount, less such amounts as the CITY shall detennine
for all incomplete work and unsettled claims as provided in the Contract Documents.
Upon and at such time as fifty percent (50%) of the Work has been certified by the Architect as
having been completed, retainage shall be reduced from 10% to 5% with respect to payment for
the remaining 50% of the Work.
Should the Contractor fail to substantially complete all Work under this Contract and make the
project available for beneficial use on or before the date stipulated for Substantial Completion (or
such later date as may result from extension of time granted by CITY), he shall pay and/or the
CITY may retain from the compensation otherwise to be paid to the Contractor, as liquidated
damages, the sum of $750.00 for each consecutive calendar day that tenns of the Contract
remain unfulfilled beyond date allowed by the Contract, which sum is agreed upon as a
reasonable and proper measure of damages which CITY will sustain per diem by failure of
Contractor to complete work within time as stipulated; it being recognized by CITY and
Contractor that the injury to CITY whic:h could result from a failure of Contractor to complete on
schedule is uncertain and cannot be computed exactly. In no way shall costs for liquidated
damages be construed as a penalty on the Contractor. For each consecutive calendar day that the
work remains incomplete after the date established for Final Completion, the CITY will retain
from the compensation otherwise to be paid to the Contractor the sum of $750.00. This amount
is the mutually agreed upon minimum measure of damages the CITY will sustain by failure of
the contractor to complete all remedial work, correct deficient work, clean up the project and
other miscellaneous tasks as required to complete all Work specified and this amount of
liquidated damages is in addition to the liquidated damages prescribed above for failure to timely
achieve Substantial Completion.
CONTRACT DOCUMENTS:
This contract entered into this date by the City of Clennont, hereinafter called the CITY,
represented by the Mayor of the City Council executing this contract and the individual,
partnership or corporation named above, hereinafter called the Contractor. Witnesseth that the
parties hereto do mutually agree as follows:
The Contractor shall furnish all labor, equipment and materials and perfonn the Work described
for the amount stated above in strict accordance with the General Conditions, Supplementary
Conditions/Special Provisions, Plans and Specifications, Drawings, and other Contract
Documents, all of which are made a part hereof and designated as follows:
a.
CITY, through this Contract, General Conditions, Supplementary Conditions / Special
Provisions, and Specifications;
E-2
CITY and Contractor each binds himself, his partners, successors, assigns and legal
representatives to the other party hereto, his partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents. -0- -. Covrrl;
The laws of the State of Florida shall govern this Contract. Any and all tal action
necessary to enforce the provisions of this Contract will be held in Lake ~"FIOrida.
~e for any litigation involving this contract shall be the Circuit Court in and for Lake
~Y, Florida.
~:\l L Cc-,~ ~
\ DÓNE AND AGREEED BY AND BETWEEN THE CITY AND THE CONTRACTOR
THIS <6~ DAY OF -.:J~ ' 2002.
~ rW 1-1'1~
Haro d S. Turville, Jr., Mayor Richard McCreeIJr., resident
CITY OF CLERMONT MCCREE, INCORPORATED
1 Westgate Plaza, Clennont, FL 500 E. Princeton St., Orlando, FL
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b.
c.
d.
Drawings bearing the title "New Clennont City Hall".
Payment/Perfonnance Bond;
Certificates of Insurance;
TIME OF COMMENCEMENT ANp FINAL COMPLETION:
a. Work to commence within fourteen (14) days of Official Notice to Proceed date or date
of issuance of penn it, whichever is later, provided Contractor applies for pennit(s) within
five (5) days of receipt of construction contract, unless amended by written Change Order
or Amendment executed by both parties to this Contract.
b.
Substantial Completion of the Work shall be achieved not later than Three Hundred Sixty
Five (365) consecutive calendar days from date of Official Notice to Proceed.
c.
Final Completion of the Work shall be achieved not later than Three Hundred Ninety
Five (395) consecutive calendar days from date of Official Notice to Proceed.
MISCELLANEOUS PROVISIONS:
a. Tenns used in this Contract that are defined in the General Conditions shall have the
meanings designated in those conditions.
b.
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c.
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STATE OF FLORIDA
COUNTY OF LAKE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized to administer oaths and take acknowledgments,
personally appeared Richard McCree. Jr, as President of McCree,
Incorporated, who is personally known to me to be the person described
in and who executed the foregoing or attached and that he
acknowledged before me that he executed the same,
Witness my hand and official sea ~ AMP
2002 ~'" 0 - BELL
,[3° ;:! NOTARY ~ My Comm Exp- 8113/2003
'" PUBLIC ..
No. CC 846634
. ' I ) P",son,)lly Known II DIM' 1.0.
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OR.K 02137
PAGE 1219
PERFORMANCE BOND
BOND NUMBI~R
929226866
KNOW ALL MEN BY THESE PRESENTS that McCREE. INC. , hereinafter
referred to as the CONTRACTOR, as Principal. and AMERICAN ('AC)[JALlY <n1PANY OF READIH;.PmNSYLVANú!reinafter
called SURETY, as SURETY, are held and finnly bound unto CI1YCF cr.mœr a Political Subdivision of the State of
Florida as Obligee, hereinafter referred to as Owner, in the full and just sum ou 4,350,300.00 , lawful money
of the United States of America., to the payment ,?f which sum. well and truly to be made, the CONTRACTOR and
SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors and
assigns, jointly and severely, firmly by these presents.
WHEREAS, the CONTRACTOR :11as entered into Contract No. with the "CITY",
also referred to herein as the OWNER, for the project entitled: City Hall Construction Project with conditions and
provisions as are further described in the aforementioned contract. which contract is by reference made a part hereof for
the purpose of explaining this bond
NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall fully, promptly
and faithfully perfonn said contract and all obligations thereunder, including all obligations imposed by the contract
documents (which includes the Contract, Proposal and Bid Form, General and Supplementary Conditions, Detail
Specifications, Fonn(s) of Contract Bond(s), Plans (Drawings) and Specifications and such alterations thereof as may
be made as provided for therein), then this obligation shall be void; otherwise it shall remain in full force and effect.
1.
The undersigned shall indemnify and save bannless said Owner against and fÌ'om all costs, expenses and
damages, including litigation costs and attorney's fees arising out of, or in connection with the neglect, default
or want of care or skill, including pa.tent in1iingement on the part of said CONTRACTOR, his agents, servants
or employees in the execution or performance of said contract
2.
Whenever CONTRACTOR shall bl~, and declared by Owner to be'in default under the Contract. the Owner
having performed Owner's obligations thereunder, the Surety may proniptly remedy the default or shall
. promptly:
A.
Complete the Contract in accordance with its tenns and conditions; or
B.
Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon
detennination by Surety of the lowest responsible bidder, or, if the Owner elects, upon detennination
by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between
such bidder and the Owner. Surety shall make available as the 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 costs of completion, including other costs and
damages, for which the Surety may be liable hereunder, the amount set forth in the first paragraph
hereof.
3.
Any changes in or under the Conb'act Documents and compliance or noncompliance with any formalities
connected w~th the Contract or the changes does not affect Surety's obligation under this bond Any
increase in the total contract amount as authorized by the Owner shall accordingly increase the Surety's
obligation by the same dollar amount of said increase. The Principal shall be responsible for,notification to
Surety of all such changes.
4.
The undersigned expressly acknowledges its obligations and liabilities for liquidated damages suffered by
the Owner under the provisions of the Contract Documents.
5.
The undersigned, covenant and agree that no change, extension of time, contract amount changes,
alterations or additions to the terms ~f the contract or the work to be perfonned thereunder, or the
specifications accompanying the !¡ame shall in any way affect their obligation on this bond, and the
SURETY does hereby expressly waive notice of any such change, extension of time, contract amount
change, alteration or addition.
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OR IK 02137 PAGE 1220
The CONTRACTOR. save the Owner harmless from any and all ages, expenses and costs which
may arise by virtue of any defects in said work or ~terials within a period of one (1) year from the date of
Final Completion of the Project.
See subsection 2 of Section 255.05, Florida Statutes, as amended, for the notice and time limitations for
claimants.
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Signed and sealed this the
day of
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WITNESS:
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CONTRACTOR, AS PRINCIPAL """"""",:""
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,.-:0 "-"0::,
McCREE
By:
AMERICAN CASUALTY COMPANY OF
. READING, PENNSYLVANIA
",.", ""SURETY
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, «;.. ". l':~"~ SÙ1,œ,ÍY ADD
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, /In'''''''AAi-rt.AND ,FL 32794
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AGENCY ADDRESS: 839 N. MAGNOLIA AVENUE
HNSON, JR., T ~EY-IN-FACT
SS: P.O. BOX 94 640 ORLANDO, FLORIDA 32803
PHONE (407) 843...1120
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, ~icensed Florida Agent?
Yes
X
No
If Yes, License Number:
A131955
.
If No, Countersignature Required Below:
Countersigned by:
Signature
Type Name and Title
Business Address
Telephone Number (Include Area Code)
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OR . 02137
PAGE 1221
STATE OF
FLORIDA
)
) SS
CITY OF
ORLANDO
CITY OF
ORANGE COUNTY
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared:
JOSEPH D. JOHNSON, JR.
to me well known, who being by me fll'St duly sworn upon oath says that he is Attorney-in-Fact for
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
as Surety, and that he has been authorized by said Surety to execute the foregoing Performance Bond on behalf of the
Principal (CONTRACfOR) named therein in favor of the owner.
Subscribed and sworn to before me this the 24TH
~/'/. Æ-<L~""L
otary Public
day of
JUNE
,20~2
""~~'~-" Joann Ii. Bebout
!.r""Æ.~.\ MY COMMISSION' DDOO8107 EXPIRES
~:.~: j July 12. 2005
~~'l;;"r..tJ BONDED THRU TROYFAIN INSURANClltic.
-"'i"""
JOANN H. BEBOUT
(print, Type or Stamp Commissioned Name of Notary Public)
Personally Known
orPToducedIdenrificanon
x
Type ofIdentification:
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~- OR. 02137 PAGE 1222
POWER OF ATTWlNEY A.PPOINTING INDIVIDUAL ORNEY-IN-FACT
Know All Men By These Presents, That Continnntal Casualty Company, National Fire Insurance Company of Hartford, and American
Casualty Company of Reading, Pennsylvania (herein called "the CNA Companies-), are duly organized and existing corporations having
their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby
make, constitute and appoint
Todd L. Johnson, Joseph D. Johnson, Jr., Francis T. O'Reardon, Pamela P. Smith, Jo ann H. Bebout, L. Mitchell Johnson,
Individually "-
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of Orlando, Florida
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attomey, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse
hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. .
In Witness Whereof, the CNA Companies have 4::aUSed these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 12th day of September, 200 1. '
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
--?k-~ ~
Michael Gengler Group Vice President
State of Illinois, County of Cook, 55:
. On this 12th day of September, 2001, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose
and say. that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, National
Fire Insurance Company of Hartford, and American Casualty Company of Reading, Pennsylvania described in and which executed the above
instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were
so affixed pursuant to authority given by'the Boards of Directors of said corporations and that he signed his name thereto pursuant to like
authority, and acknowledges same to be the act and deed of said corporations.
My Commission Expires June 5, 2004
\.~1.P~
Eileen T. Pachuta
Notary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, National Fire Insurance Company of Hartford, and American
Casualty Company of Reading, Pennsylvania do hereby certify that the Power of Attomey herein above set forth is still in force, and further
certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony
whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of
.(Rev. 1/23/01)
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Penn~y!~,:,I~, ,
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a . .'..., ;'" "" \' " , .
" " """".' ", .. '.
, :'~',~':>:.',::"":':"",~" ,
Mary A. Ribikawskis : ;' ~ : ~ist.!lnt§e«retary
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THIS PAGE INTENTIONALLY LEFT BLANK
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PA YMENT BOND
OR . 02137
PAGE 1224
BOND NUMBER 929226866
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KNOW ALL MEN BY THESE PRESIi:NTS that McCREE. INC. , hereinafter
called CONTRACTOR, as Principal, and AMERICAN CASUALlY <D1PANY OF READŒ.PEmSYLVANIA hereinafter
called SURETY, as SURETY, are held and finnIy bound unto CITY OF CLERMONT, a municipal corporation of
the State of Florida as Obligee, in the full and just sum of $4,350.300.00 ,lawful money of the United States of
America, to the payment of which sum. well and truly to be made, the CONTRACTOR and SURETY bind
themselves, their representatives, and each of their heirs, executors, administrators, successors, and assigns, jointly
and severely, finnly by these presents.
WHEREAS, the CONTRACTOR has entl:red into Contract No. with the "CITY", *0
refexred to herein as the OWNER, for the project entitled: City Hall Construction Project, with conditions and
provisions as are further described in the afClrementioned contract, which contract is by reference made a part hereof
for the purpose of explaining this bond. .
NOW, THEREFORE, THE CONDITION OF TIDS OBLIGATION IS such that if CONTRACTOR shall
promptly make payments to all claimants for any and all labor and material used or reasonably required for use or
furnished in connection with the performanc:e of said contract, and shall perform all other còvenants and obligations'
of this bond, then this obligation shall be void; otherwise it shall remain in full force and effect
1.
The undersigned shall promptly make payment to all persons supplying services, labor, material or supplies
used directly or indirectly by said CONTRACTOR, or any subcontractor(s) or sub-subcontractor(s), in the
prosecution of the work provided for in said contract.
2.
Subject to the Owner's priority, claimants covered by Section 713.01 of the Florida Statutes shall have a
direct right of action against the Principal and SURETY under this obligation, after written notice of the
performance of labor or delivery of materials or supplies, and non-payment therefore. Any. claimant who
seeks to recover against the Prin,;ipal or SURETY under this obligation must also ,satisfx the notice
requirement and time limitations of Section 255.05 of the Florida Statutes, as amended.. .
.
Signed and sealed this the
. \' 11111":,/
day of "",. 20'/"
CONrnA::: PI:~œ~. ,'~~~~':Si;)),,;
¡/il, ' ø,1< ;;~;~:~:.',::"<'" .'
By:
WITNESS:
~~p¿
COUNTERSIGNED:
Richard T. McCree, Jr., President/COO
Type Name and Title
AMERICAN CASUALTY COMPANY OF
.....:READING, PENNSYLVANIA
. . ¡~: ¡ f, ~tp;:TY:
. ~'>:::~~::,~~~)«; ~(
'. '~;:""" r~ "JOS.EPH D. " '
. ~~»"" -$UREbY Arlri
.': .-: ¡ - . ~ '.; ..\ . '... .'
" "'~,~MAiTLAND, FL 32794
JOSEPH D. JOHNSON, JR.
:RIDQIDZ2:Qçf
Slgnatu
. ~ AGENCY ADDRESS: 839 N. MAGNOLIA AVENUE
S , JR., 0 :Y-IN-FACT
SS: P.O. BOX 946640
ORLANDO, FLORIDA 32803
PHONE NO.
(407) 843-1120
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Licensed Florida Agent? 8v es
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OR" 02137
PAGE 1225
If Yes, License Number:
If No, Countersignature Required Below:
Countersigned by:
Signature
Type Name and Title
Business Address
Telephone Number (Include Area Code)
STATE OF
CITY OF
CITY OF
FLORIDA
ORLANDO
ORANGE COUNTY
-.J
)SS
-.J
Before rile, a Notary Public duly commissioned, qualified and acting personally, appeared:
JOSEPH D. JOHNSO~, JR.
to me well known, who being by me first duly sworn upon oath says that he is Attorney-in-Fact for
AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA
as Surety, and that he has been authorized by said Surety to execute the foregoing Payment Bond on behalf of the
Principal (Contractor) named therein favor of the owner.
Subscribed and sworn to before me this the - 24TH day of
~#.~
olary PublIc
JOANN H. BEBOUT
(Print, Type or Stamp Commissioned Name of Notary Public)
JUNE
,20..Q4
..~-:;':;'~.. Joann H. Bebout
I~~'.J~"'" RES
:.: ~*~ MY COMMISSION' DD008107 EXPI
~\;I ~~11W~
~f.iif..;.' BONDED 1IIRU TROY FAIN INSURANCE,INC.
Personally Known X
or Produced Identification (Type)
E-9
a OR 8K 02137 PAGE 1226
POWER OF ATT-"EY APPOINTING INDIVIDUAL ORNEY-IN-FACT
Know All Men By These Presents, That Continental Casualty Company, National Fire Insurance Company of Hartford, and -American -
Casualty Company of Reading, Pennsylvania (herein called "the CNA Companies"), are duly organized and existing corporations having
their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby
make, constitute and appoint
Todd L. Johnson, Joseph D. Johnson, Jr.. Francis T, O'Reardon, Pamela P. Smith, Jo ann H. Be~~~~H=F¥' or LAKE
Individually - ,-. ,
c;
.
of Orlando, Flo -
their true and lawful Attomey(s)-in-Fact with full power and authority hereby eel-
bonds, undertakings and other obligatory instruments c)f similar nature
- In Unlimited Amounts -
-¡"gn, seal and execute for and on their behalf
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authotity hereby given is hereby ratified and confinned.
This Power of Attomey is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse
hereof, duly adopted, as indicated. by the Boards of Directors of the corporations. '
In WItness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 12th day of September, 2001.
Continental Casualty Company
National Are Insurance Company of Hartford
American Casualty Company of Reading. Pennsylvania
~-~~
Michael Gengler - Group Vice President
State of Illinois, County of Cook, ss:
- On this 12th day of September, 2001, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose
~ say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental_Casualty Company, National
Fire Insurance Company of Hartford, and American Casw:llty Company of Reading, Pennsylvania described in and which executed the above
instrument; that he knows the seals of said corporations; that the seals affixed to the said inStrument are such corporate seals; that they were
so affixed pursuant to authority given by the Boards of Din~ors of said corporations and that he signed his name thereto pursuant to like
authority, and acknowledges same to be the act and deed of said corporations.
My Commission expires .Iune 5, 2004
\.~1.P~
Eileen T. Pachuta
Notary Public
CERTIFICATE
" Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, National Fire Insurance Company of Hartford, and American
Casualty Company of Reading, Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force, and further
certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony
whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of
- ,ev. 1/23101)
Continental Casualty Company
National Fire Insurance Company of Hartford
~ ~;tZ¡;;Z:~f7?' :,;' ,
Mary A. Ribikawskis : :- ~if~~- Sec$etary -
, ,,~ .", -
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--...,.,-,'.:,.;.;v.
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(THIS FORM MUST BE UTILIZED IN ALL FINAL PAY APPLICATIONS)
FINAL RELEASE OF LIEN
- PARTIAL RELEASE OF LIEN ( Throug~
(date)
KNOW ALL MEN BY THESE PRESENT, that for and in consideration of the sum of
monies, set out in the accompanying Estimate Statement No. , final, which quantity, the
receipt of which is hereby acknowledged, is accepted as full and complete compensation for all
work done, materials furnished and damages or claims arising under CITY Contract No.
, entitled:
By:
Contractor
(SEAL)
STATE OF
CITY OF
I,
hereby certify that
, a Notary in and for the CITY and State aforesaid do
personally appeared before me in my depose and say that
of
(address)
has completed the Contract awarded to
by the City Council of the City of Clermont, Florida, and that said Contractor has paid all wages
due and has paid for all materials fwllished in and about the construction of said Contract and
has paid all damages and claims, whatsoever, including claims by reason of the manner of
construction and that there are no unpaid claims whatsoever upon account thereof.
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this the
,2°-
day of
Notary Public
(SEAL)
(Print, Type or Stamp Commissioned
Name of Notary Public)
Personally Known - or Produced Identification
Type of Identification:
E-IO
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CONSENT OF SURETY AND INCREASE OF PENALTY
BOND NUMBER
1.CONTRACT# 2.MODIFICA TION# 3.DA TED
o.
4.The Surety consents to the foregoing Contract notification and agrees that its bond or bonds shall apply and extend to
the Contract as modified or amended. The princiflal and Surety further agree that on or after the execution of this
consent, the penalty of the performance bond or bonds is increased by dollars
($ ) and the penalty of the payment bond or bonds is increased by dollars
($ ). However, the increase of the liability of each co-Surety resulting from this consent shall not exceed
the sums shown below.
S.NAME OF SURETY 6.INCREASE IN LIABILITY LIMIT 7.INCREASE IN LIABILITY LIMIT
UNDER PERFORMANCE BOND UNDER PAYMENT BOND
a.SURETY ADDRESS b.SIGNA TURE
c.TYPED NAME AND TITLE
d.DA TE THIS CONSENT EXECUTED
SURETY
FLORIDA RESIDENT AGENT FOR SURETY
Signature
BY:
AGENCY ADDRESS:
SURETY ADDRESS:
PHONE
Licensed Florida Agent? Yes
No
If Yes, License Number:
If No, Countersignature Required Below:
Countersigned by:
Signature
Type Name and Title
Business Address
Telephone Number (Include Area Code)
E-14
.
.
.
STATE OF
CITY OF
.
.
)
) SS
CITY OF
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared:
to me well known, who being by me first duly sworn upon oath says that he is Attorney-in-Fact for
as Surety, and that he has been authorized by said Surety to execute the foregoing Performance Bond on behalf of the
Principal (CONTRACTOR) named therein in favor of the owner.
Subscribed and sworn to before me this the
day of
Notary Public
Personally Known
(print, Type or Stamp Commissioned Name of Notary Public)
or Produced Identification
E-15
,2O_"
PRODUCER (407)843-1120
Johnson & Company
839 N. Magnolia Ave.
Orlando, FL32803
icia Fuehrer
FAX (407)843-57i'2
DATE (MMlDDIYY)
06/24/2002
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
A CORDno
CERTIFICA-1t OF LIABILITY INSUR
INSURERS AFFORDING COVERAGE
MC CREE, INC.
MC CREE ARCHITECTS & ENGINEERS, INC.
P. O. BOX 547369
OR NDO, FL32854
COVERAGES
INSURER A: .
INSURER B:
NATIONAL FIRE INSURANCE COMPANY
CONTINENTAL CASUALTY COMPANY
NATIONAL UNION FIRE INSURANCE COMPANY
FCCI INSURANCE COMPANY
INSURER c:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR TYPE OF INSURANCE POLICY NUMBER Pgl-+~~~~~g8,wf PgÄ'fl,~~6~~N LIMITS
LTR
~NERAL LIABILITY TCP 5000079298 12/31/2001 12/31/2002 EACH OCCURRENCE S l,OOO,OOC
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 50,OOe
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) S 5,OOe
A PERSONAL & ADV INJURY $ l,OOO,Ooe
- GENERAL AGGREGATE S 2,OOO,Ooe
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ l,OOO,OO(
"I POLICY !Xl ~:gT n LOC
AUTOMOBILE LIABILITY BUA 3000079299 12/31/2001 12/31/2002 COMBINED SINGLE LIMIT
- $
X ANY AUTO (Ea accident) l,OOO,OO(
-
ALL OWNED AUTOS BODILY INJURY
- S
SCHEDULED AUTOS (Per person)
B -
X HIRED AUTOS BODILY INJURY
- S
.!. NON-DWNED AUTOS (Per accident)
- PROPERTY DAMAGE S
(Per accident)
1t' ~~ AUTO ONLY. EA ACCIDENT S
ANY AUTO OTHER THAN EAACC S
AUTO ONLY: AGG S
EXCESS LIABILITY BE 871 9552 12/31/2001 12/31/2002 EACH OCCURRENCE S 10,OOO,OO(
0 OCCUR 0 CLAIMS MADE UMBRElLA FORM AGGREGATE s lO,OOO,OO(
C s
R DEDUCTIBLE S
RETENTION $ S
WORKERS COMPENSATION AND ~CO2A-0407S 01/01/2002 01/01/2003 X I TORY LIMITS livER -
EMPLOYERS' LIABILITY 500 , ooe
D E.L EACH ACCIDENT S
E.L DISEASE - EA EMPLOYEE S 500 , ooe
E.L DISEASE. POLICY LIMIT $ 500,OOe
OTHER rrCp 5000079298 12/31/2001 12/31/2002 ALL RISK COVERAGE
~ÕNTRACTORS
A IEQUIPMENT DEDUCTIBLE $500
RENTAL EQUIPMENT $100,000
R~ESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY I:NDORSEMENTISPECIAL PROVISIONS
E: NEW CLERMONT CITY HALL, CLERMONT, FLORIDA
~HE CITY OF CLERMONT, FLORIDA SHALL BE AN ADDITIONAL INSURED.
!
CERTIFICATE HOLDER I X I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
-1L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
. CITY OF CLERMONT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
ONE WESTGATE PLAZA OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
CLERMONT, Fl 34755 AUTHORIZED REPRESENTATWE rz..c.)- ,2.,9"
I Joseph D. Johnson Jr./PF '
I
ACORD 25-S (7/97)
@ACORD CORPORATION 1988
.
.
IMPORTANT.
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon.
.
.
ACORD 25-S (7/97)
ACORQ..
CERTIFICA
FAX (407)843-57i'2
DATE (MM/DDNY)
06/24/2002
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
OF LIABILITY INSU
PRODUCER (407)843-1120
Johnson & Company
839 N. Magnolia Ave.
Orlando, FL 32803
ricia Fuehrer
D
INSURERS AFFORDING COVERAGE
INSURER A: .
INSURER B:
NATIONAL FIRE INSURANCE COMPANY
CONTINENTAL CASUALTY COMPANY
NATIONAL UNION FIRE INSURANCE COMPANY
FCCI INSURANCE COMPANY
MC CREE, INC.
MC CREE ARCHITECTS & ENGINEERS, INC.
P. O. BOX 547369
OR NDO, FL 32854
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
500,00
500,00
EL DISEASE - POLICY LIMIT S 500,00
ALL RISK COVERAGE
DEDUCTIBLE $500
RENTAL EQUIPMENT $100,000
INSURER c:
INSURER D:
INSURER E:
INSR
LTR
EACH OCCURRENCE
FIRE DAMAGE (Anyone fire)
TYPE OF INSURANCE
GENERAL LIABILITY
POLICY NUMBER
CP 5000079298
LIMITS
X COMMERCiAl GENERAL LIABILITY
CLAIMS MADE 0 OCCUR
MED EXP (Anyone pen;on)
PERSONAL & ADV INJURY
A
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG S
UA 3000079299
12/31/2001
12/31/2002 COMBINEOSINGLELIMIT
(Ea accident)
X ANY AUTO
ALL OWNED AUTOS
BODIL Y INJURY
(Per person)
B
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
ANY AUTO
AUTO ONLY - EA ACCIDENT S
OTHER THAN EAACC S
AUTO ONLY: AGG S
C
01/01/2003
E 871 9552
MBRELLA FORM
12/31/2001
12/31/2002 EACH OCCURRENCE
AGGREGATE
EXCESS LIABILITY
X OCCUR 0 CLAIMS MADE
DEDUCTIBLE
RETENTION
s
01/01/2002
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
CO2A-04075
D
OTHER
ONTRACTORS
A QUIPMENT
CP 5000079298
12/31/2002
12/31/2001
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
E: NEW CLERMONT CITY HALL, CLERMONT, FLORIDA
I
I
I
'CERTIFICATE HOLDER
I X I ADDITIONAL INSURED: INSURER LETTER:
CANCELLATION
I
I.
!
i
I
ACORD 25-5 (7197)
S
S
S
S
S
1,000,00
50,00
5,00
1,000,00
2,000,00
1,000,00
S
1,000,00
S
S
s
S
S
10,000,00
10,000,00
s
S
S
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
..lL DAYS WRIITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
CITY OF CLERMONT
ONE WESTGATE PLAZA
CLERMONT, FL 34755
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE -ì /';; /} (,
Joseph D. Johnson Jr./PF '-lv~L-'- 'p-- /" ¡
@ACORD CORPORATION 1988
.
.
.
ACORD 25-5 (7/97)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
.
.
.
A CORD- INSURANCE BII~DER 1 OAT[
07/08/2002
THiS BINDE~ IS A TEMÞOR"~Y INSURANCE CON~CT. SUBJ!:CT TO T~E CONDITIONS S~OWN ON THE ~EVE~SE SIDE 0'" nus J:O~M,
""DOUCE. I ~~NE".IEIit. (407)843-1UO CO""""" ItINDEIr.
ç~x (407)843-5772 GREAT AMERICAN INSUR~NCE CO. 802070800170
Johnson & Co~Þany EHE cn~
DATr ""'r DUE ""E
839 N. Magnol;a Ave. 07/08/2002 I 12:01 ~.M 10/07/2002 M 'Z.01 ^M
Orlando, Fl32803 "... "OON
I T",S III~DEII 'S 'SSUED TO E"TEND C'.OVEIIAGe IN 'WE ABOVE N""EO CO"""",v
CODE r SUI COOle: D!;D eJ'DtIl"'c coOllCY..
~:;~;'8~u 1000000 117 DESCIII"TlON OF O"f""TOON$/YIEHltLES"".OCOEATY "",,Iudl"tl Locllie..,
II SUDED
MC CREE. INC. ONSTRUcrION OJ: NE~ CITY H~LL BUILDING FO~ THE
P. O. BOX 547369 ~tTY OF CLERMONT
ORLANDO. FL 32854
I
COVE~GES
.
TYPE 0" I"SUDANCE COVEIUGE/COIlMS DEDUCTIBLE; COINS' , AMOUN'
"DCII'IEIITV CAUSES OF lO"
= BAf,'c. D B"OI\[) m S"EC ALL RISK SPECIAL FORM 10.00e 10( 4.HO.JOe
~ BUILDERS RISK
CENEDAL L'AB'I."'" E.ACH OCCUDDE"CIE I
-
CO~U!;Dc.IAL DE'IE~lll"9'LIT'V FIDI; DAUAG.E (A-v O"e~) ,
1 C'.U"'S \AADE D OC.CUII "ED !;X" (jI-w 0"' ""'0"1 S
- "!;QSD'IAl I. AOV IN,IU"Y S
- CE"EItAL ACG,DlõGUE S
IIET"O DATE "OD cv."'S """E ""ODUCTS . (,00.4"'0" A(,(; ,
AUTOfoOOBllE l"'8'll" CO"III"EO SI""l!; lOUIT ,
-
- "NY "UTO eOO'l"'NJU"V ~- ,
- Au. ow"EO AUTOS BOOIL V 'NJUQY (D.. ""Id"'1 S
~ sc"eOUlEO AUTOS DQO"EDTV OAUAGE S
I-- ""'IEO AUTOS "¡;OICAl PAyMENTS ,
~ "ON-OWNED AUTOS PEIISON"lINjtJIIVDOOT S
- UNINSUQED L40TOÞI¡;T s
s
AUTO ""YSlC"'L DAMAGE DEOUCTl8lE L-J "ll V!;"'c.LES CJ SC"EoULEO ve"'ClES ACTUAL CAS" v"LUE
f=i COLL'SIO" ST^'lõD .UOuNT S
OTHfQ "'A" COL. OT"EQ
~~C;E L'48'I.'" .UTO O"L v - e.o ACCIDE"" s
I-- ANT "u>O OTUe" T..."" AUTO ONLY
EJlCI< ACCro¡::.,T s
AGGDEGATE ..
ElCcess l1A81l'TY EJlC" OCCUQCeNC.E s
~ U"""<ELv. "O"M AGC',"EOATE ,
01"E" T"AN V"8I1Elv. FOD" qE TIIO 0.0 re. FOD ('lA"'S UAD!: SEl..I'ISU"[D DET!;"'TION S
WC ST^TUTODVl"""S
WORI<ED.S CO""E"S"TIO" [l [AC" AC(IDE"T S
AND
[MDLOTe".s lIABILITY e L D'S!;.S!;, E6 e"~OYEE I
[l D'S!;^S¡::, DOl'Cv lIMIT S
S"EC'AL "EES S
CD"ID'TlONS'
. OTIIED TAJ'E!: S
'CovE~GEJ:
ESTI~6T!;D TOTAl "RE~lu" S
LlMrts
N.ð.toIe & ADDJtESS
CITY OF CLERMONT
400 12TH STREET
CLERMONT. FL 34711
"OQTOAGEE
lOSS DAVEE
X 600'TlOUAl"'StJIIED
X OWNER
lOAN'
AU1"><ODll(O AE""ESE"""T'II'(
v:- C2 Q~9/1
. I
ACORD 75-S 11IgBI
Joseph D. Johnso~ Jr./PF
NOTE, IIVIPOIHAIIIT STA,TE "'IFORIooIATION ON ~EVERSE SIDE
(!: A,CORC CORPORATION 1993
OlH
EOOIZOO d
8E8-1
+
JNI 33~JJI'-WOJ~
WdE I: 10
2002-90-I"r
.
.
.
CONDITIONS
This Company binds the IclndCS) of insur;¡"ce stipulated on Ihe reverse side. The Insurance is subject to Ihe
terms. co"dltlons and limilatlons of the policyCies) In QJrrent use by the Company.
This binder may be cançelled by the Insured by surrender of this binder or by written notice to the Company
Slðting when cancellation will be effeçtive. This binder may be cancelled by t"'e Company by notice 10 the
Insured In accordance with the DOlicy C:Of1dltlons This bInder Is cancelled when reølaced by a Dolicy. If this
binder Is not reDlac;ed by a policy. the Camp,any is entitled 10 charge a þrgmlum fOr the binder according to the
Rules and Rates In us. by the ComDany
Applicable in California
When this form is used to provide Insurance on the amount of one million dollars ($1,000.0001 or more, the title
of the form is changed from -Insurance BindE!I'- to -COlfer Note",
Applicable in Delaware
The mortgagee ar Obligee of any mortgage or otl1er Instrument give" for the DurDose of creating 8 lien on real
property shall accept as evidence Of Insuranc,!: a wntten binder issued by an authorized insurer ar Its agent if
the brnder inclUdes or Is accomDanied by: the name and address of the borrower; the name; and address of the
lender as loss payee: a description of the Insured real property; a provision that tt¡e binder may not be cal1celed
within Ihe term of the binder unless the lel1der and the insured borrower receIVe written notice of the cancel-
lation at least ten (10) days prior to the cancellation, except'n the case of a renewal of a POliCY subseQuent to
the closing of the loan, a Daid receipt of the full amount Or the applicable premium. and the amount of
insurance coverage.
Chai'ter 21 Title 2S Paragraph 2119
Aþþllcable in Florida
Except for Auto Insurance coverage. no "OIiCe Of cancellalion or non renewal Of a binder is reQuired unless the
durahon of the binder exceeds 60 daY3. r:or auto insurance. the Insurer must give 5 days Drior notice, unless
the binder,s replaced by a polley 0' another bInder in the same company.
Applicable in Nevada
Any perSon who røfu&eS to acceDt a binder wt1ic:" provides coverage of less thatl $1.000.000 00 when proof IS
required: (AI Shall be titled not more ths" $50000. and (8) IS liable to the party presenting the binder as Droof
of insuraf'lce for aclual damages sustaIned ""e"'!'rom
.CO~D 75-S (11981
015-~
EOO/EOO d
6ES-l
+
:IN I 33~:lJI1-WOJ~
WdEI: 10 lOOl-SO- "r
.
.
.
_RUG-FREE WORKPLACE 'FO~
The undersigned vendor, in accordance with Florida Statute 287.087 hereby certifies that
McCree, Inc. does:
1.
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2.
Informs employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-tree workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3.
Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4.
.
In the statement specified in Paragraph 1, notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify tþ.e employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days such conviction.
5.
Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
6.
Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of Paragraphs I thru 5.
As the person authorized to sign this statement, I certify that this firm complies fully with
above requirements.
.R.
~~ð~
Date
E-16
.
.
.
THIS PAGE INTENTIONALLY LEFf BLANK
.
.
E-17
.
.
.
.
.
GENERAL CONDITIONS
ARTICLE 1 - THE CONTRACT
The Contract Documents are identified in the Contract, and includes (1) the Contract; (2) the
General Conditions; (3) Supplementary Conditions; (4) the Specifications; (5) the Drawings.
Supplementary Conditions may be issued by the CITY. Change Orders or Amendments to the
Contract may be executed by the Parties, and thereafter fonn part of the Contract.
ARTICLE 2 - DEFINITIONS
The words and expressions (or pronouns used in their stead) defined in this Article shall, wherever
they appear in the Contract Documents, be construed as follows unless a different meaning is clear
from the context.
" Addenda" shall mean any additional contract provisions issued in writing by the CITY prior to
receipt of Bid.
"Bid Proposal" shall mean the offer or proposal of the Bidder submitted on the Official Bid Fonn
and Attachments setting forth the prices for the Work to be perfonned.
"Bidder" shall mean any person, finn or corporation submitting a Bid for the Work.
"CITY" shall mean the CITY Council of the City of Clennont, Florida, or their duly authorized
representative(s), for whom the Work is being perfonned.
"CITY Council" shall mean the CITY Council of the City of Clennont, Florida, or their duly
authorized representative(s).
"Change Order" shall mean a written order to the Contractor, signed by the CITY, authorizing an
addition, deletion or revision in the Work, or an adjustment in the Contract Amount or the Contract
Time issued after execution ofthe Contract.
"Contract" shall mean the written agreement between the CITY and the Contractor covering the
Work to be perfonned; the Contract wiH be attached to and made a part of the Contract Documents.
"Contractor" shall mean successful bidder (and vice versa), whether a corporation, finn,
individual or any combination thereof, and its (or their) successors, personal representatives,
executors, administrators and assigns.
"Contract Amount" shall mean the total moneys payable to the Contractor under the Contract
Documents. The tenn "Contract Price" where used in the Contract Documents refers to the
Contract Amount.
"Contract Time" will mean the number of calendar days stated in the Agreement for the
completion of the Work.
F_I
.
.
"Day" shall mean one calendar day when used in the Contract Documents.
.
"Defective Work" shall mean (a) Work that is unsatisfactory, deficient or damaged, does not
confonn to the Contract Documents, or does not meet the requirements of any inspection, test or
approval, or (b) Work associated with punch list items tha~ the Contractor fails to complete within a
reasonable time after issuance of the punch list by the Project Manager.
"Drawings" shall mean only those drawings specifically referred to as such in these documents or
in any Addenda showing the design, location, and dimensions of the Work, including plans,
elevations, sections, details, schedules, and diagrams. Drawings issued after the execution of the
Contract to explain further, to illustrate, or to show changes in the Work will be known as
"Supplementary Drawings" and shall be binding upon the Contractor with the same force as the
Drawings.
"Final Acceptance" shall mean acceptance of the Work by the CITY upon the expiration of the
correction period required by the Contract Documents.
"Final Completion" shall mean acceptance ofthe Work by the CITY as evidenced by its signature
upon Final Certificate of Completion and approval thereof by the Board of CITY Commissioners.
The Final Certificate of Completion shall be signed only after the CITY has assured itself by tests,
inspection or otherwise that all of the provisions of the Contract have been carried out to its
satisfaction.
.
"Notice" shall mean written Notice. Notice shall be served upon the C;ontractor either personally
or by leaving the said Notice at his residence or with his Agency in charge of the Work, or
addressed to the Contractor at the residence or place of business given in the Bid and deposited in a
postpaid wrapper in any post box regularly maintained by the United States Post Office.
"Notice of Award" shall mean the written notice of award of the Contract given by the CITY to the
apparent successful Bidder.
"Notice to Proceed" shall mean the written notice given by the CITY to Contractor fixing the date
the Contract Times will commence to run.
"Professional" shall mean the professional independent Architectural finn of c.T. Hsu &
Associates, P.A., designated to assist the CITY. The tenus "Engineer" and "Architect", where used
in the Contract Documents, refer to the Professional.
"Project" shall mean the entire improvement, New Clennont City Hall, of which this Contract
fonns a part.
"Project Manager" shall be PPI Construction Management or said other duly authorized
representative of the CITY during the construction period.
"Shop Drawings" shall mean all drawings, diagrams, illustrations, brochures, schedules and other
data which are prepared by the Contractor, a Subcontractor, a manufacturer, supplier or distributor
and which illustrate the equipment, material and/or some portion of the Work.
.
"Site" shall mean the area upon or in which the Contractor's operations are calTied on and such
other areas adjacent thereto as may be designated as such by the Project Manager.
F_2
.
.
.
.
.
"Specifications" shall mean parts of the Contract Documents identified as "Specifications" and
organized into Divisions. The specifications include general requirements and technical
descriptions of materials, equipment, construction systems, standards and workmanship. The tenn
"Technical Provisions" where used in the Contract Documents refers to the Specifications.
.
"Subcontractor" shall mean any person, finn or corporation other than employees of the
Contractor who or which contracts with the Contractor to furnish, or actually furnishes labor,
materials and/or equipment for the Work.
"Substantial Completion" shall mean the completion ofthe Work by the Contractor to the point
where the CITY may make beneficiailise of the Work.
"Surety" shall mean any corporation that executes, as Surety, the Contractor's Bid Bond, Payment
Bond and Perfonnance Bonds securing the perfonnance of this Contract.
"Work" shall mean any and all obligations, duties ;md responsibilities necessary to the successful
completion of the construction assigned to or undertaken by the Contractor under the Contract
Documents, including the furnishing of all labor, materials, equipment, and other incidentals.
ARTICLE 3 - NO ASSIGNMENT OF CONTRACT
The Contractor may not make any assignment of the contractual agreement between the parties, in
whole or in part, without prior written authorization as may be given by the CITY, at its sole
discretion.
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without written consent of the party sought to be bound; and
specifically but without limitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
ARTICLE 4 - QUALIFICATIONS OF SUBCONTRACTORS AND SUPPLIERS
The Project Manager will notify the: Contractor in writing if the Project Manager, after due
investigation, has reasonable objection to any Subcontractor or Supplier on the Subcontractor or
Supplier. If the Project Manager has reasonable objection to any Subcontractor or Supplier, the
Contractor shall submit another acceptable to the CITY. No increase in Contract Amount or
Contract Time will be allowed under this article, unless Contractor can prove substantial increase
due to the change, in which case Contractor may request an equitable adjustment to the Contract
Amount or Contract Time. If Contractor requests an equitable adjustment as a result of a requested
change, Contractor shall make available to the CITY all documents necessary, as requested by the
CITY, to substantiate such adjustment.
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The failure of the Project Manager to make objections to any Subcontractor or Supplier on the list
shall not constitute a waiver of any right of the CITY to reject defective Work, material or
equipment; or work, material or equipment not in confonnance with the requirements of the
Contract Documents. Should the Contractor desire to add, change or delete a Subcontractor or
Supplier previously listed, the Contractor shall submit ~tten justification for said change to the
Project Manager for approval prior to the new Subcontractor or Supplier perfonning any Work on
the Project.
ARTICLE 5 - STARTING THE WORK
The Contractor will start the Work within fourteen (14) calendar days of the official "Notice to
Proceed" date or date of pennit(s) per "contract". The Contract Time shall commence on the
effective date of the "Notice to Proceed."
Preconstruction Conference: Within 20 days after the effective date of the Contract, but before
Contractor starts the Work at the site, a conference attended by Contractor, Project Manager,
Professional and others as appropriate will be held to discuss such topics as may include, but not
limited to; schedules, procedures for handling Shop Drawings and other submittals and for
processing Applications for Payment, maintenance of traffic, initiation of coordination with affected
utilities, agreement upon the Notice to Proceed date, access to the site of the Work, storage of
materials, and to establish a working understanding among the parties as to the Work.
ARTICLE 6 - INTERPRETATION AND INTENT OF THE CONTRACT DOCUMENTS
It is the intent of the Specifications and Drawings to describe the complete Work to be
constructed in accordance with the Contract Documents. However, the CITY makes no
representation or warranty of any nature whatsoever to the Contractor concerning such
documents except for the constructability of the plans and specifications. The Contract
Documents are complementary; what is called for by one is as binding as if called for by all. If
the Contractor finds a conflict, error o¡, discrepancy in the Contract Documents, he will call it to
the Architect's attention in writing before proceeding with the Work affected thereby. Any work
that may reasonably be inferred from the Specifications or Drawings as being required to
produce the intended result shall be supplied whether or not it is specifically called for. Work,
materials or equipment described in words which so applied have a well-known technical or
trade meaning shall be deemed to refer to such recognized standards. In case of conflict, the
more stringent requirements shall take precedence and govern.
Written clarifications or interpretations (which shall be consistent with or reasonably inferable from
the Contract Documents) will be issued in response to a Contractor Request for Interpretation (RFI)
or as the Project Manager and Professional may othelWise detennine necessary. If the Contractor
believes a written clarification or interpretation justifies an increase in Contract Amount or Contract
Time, the Contractor shall make a claim for such increase in accordance with Articles 13 and 14 of
the General Conditions. If the Contractor is authorized by the CITY to proceed with the Work
involved before full agreement is reached on (a) whether any increases are due at all, or (b) the
extent of any such increases (if any are detennined to be due), the Contractor shall furnish daily to
the Project Manager, or Professional, actual cost records.
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ARTICLE 7 - REFERENCE POIN1~~
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Availability of Lands: The CITY will furnish, as indicated in the Contract Documents and not
later than the date when needed by the Contractor, the lands upon which the Work is to be done,
rights-of-way for access thereto and such other lands ~hich are designated for the use of the
Contractor. Easements for pennanent structures or pennanent changes in existing facilities will be
obtained by the CITY unless otherwise specified in the Contract Documents. If the Contractor
believes that any delay in the CITY's furnishing these lands or easements entitles him to an
extension of the Contract Time, he may make a claim therefore as provided in Article 14. The
Contractor will provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment. The Project Manager will,
upon request, furnish to the Contractor copies of all available boundary surveys and subsurface test.
Unforeseen Subsurface Conditions: The Contractor will promptly notify the Project Manager and
Architect in writing of any subsurface or latent physical conditions at the site which may differ
materially from those indicated in the Contract Documents. The Professional and Project Manager
will promptly investigate those conditions and advise the Contractor in writing if further surveys or
subsurface tests are necessary. Promptly thereafter, if needed, the CITY will obtain the necessary
additional surveys and tests and furnish copies to the Contractor. If the Professional and Project
Manager find that the results of such surveys or tests indicate subsurface or latent physical
conditions differing significantly from those indicated in the Contract Documents, a Change Order
shall be issued incorporating the necessary revisions, in accordance with Article 12.
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Reference Points: The Contractor shall be responsible for all field survey work coincidental with
completion ofthis Work as specified herein. All survey work shall be done under the supervision of
a Registered Professional Land Surveyor. The CITY shall furnish, one time, a set of pennanent
reference markers along the line of work to fonn the basis for the above contractor's survey.
All Section Corners and Quarter Section comers falling within the limits of this Work shall be
perpetuated by a Florida Registered Land Surveyor.
A.
All such corners falling within or on the boundaries of this project shall have reference ties
made, certified to and submitted to the Professional, prior to the commencing of
construction.
B.
Upon completion of construction and prior to Final Completion, certified corner records
shall be submitted to the Department of Natural Resources in compliance with Florida
Statutes, Chapter 177.507 and a copy of said certified corner record shall also be
submitted to the Professional. Said corner records shall reflect the corner as perpetuated
and which shall meet these minimum standards.
1.
If the comer falls in asphalt or concrete construction, the corner shall be a 2 1/4"
brass disc marked according to standard government practices and set in concrete no
less than 18" in depth and shall be encased in an adjustable 5 1/4" diameter or larger
valve box raised to the finished surface of construction.
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2.
If the comer falls at any other location, it shall be a 4" x 4" concrete monument no
less than 23" long with ,a 2 1/4" brass disc marked according to standard government
practices. The top of said monument shall be set flush with the ground (+0.5'
depending on conditions).
c.
Any US.c. and G.S. monument within limits of construction are to be protected. If
monuments are in danger of damage, the Contractor shall contact the Project Manager and
the Professional prior to the commencing of construction.
D.
Payment for all necessary SUfV(:y work shall be included in the bid as part of other items of
work.
ARTICLE 8 - BONDS AND INSURANCE
Payment Bond and Performance Bond: The Contractor will execute the Payment Bond and,
when required, the Perfonnance Bond required included herein as security for the faithful
perfonnance and payment of all his obligations under the Contract Documents. These Bonds shall
be in amounts at least equal to the Contract Amount and in such fonD and with such sureties as are
acceptable to the CITY. Prior to execution of the Contract Documents, the CITY may require the
Contractor to furnish such other bonds, in such fonD and with such sureties as it may require. If
such bonds are required by written ins1ructions given prior to opening of Bids, the premiums shall
be paid by the Contractor. If the Contract is increased by Change Order, it shall be the Contractor's
responsibility to insure that the Perfomlance Bond and Payment Bond be amended accordingly and
a copy ofthe amendment is forwarded to the Project Manager.
If the Surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its
right to do business is terminated in any State where any part of the Work is located or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall within five (5)
days thereafter substitute another Bond and Surety, both of which shall be acceptable to the CITY.
Insurance Requirements:
A.
Contractor shall procure and maintain for the duration ofthis contract, insurance ofthe types
and limits specified in items C.l through C.3 inclusive below.
Insurance carriers furnishing these coverages must be authorized to do business in the State
of Florida, and must possess a minimum, current rating ofB+ Class vrn in the most recent
edition of "Best's Key Rating Guide".
Before execution of the contract by the CITY and start ofthe Work, and during the duration
of the contract, the Contractor shall file with the CITY current certificates of all required
insurance on fonDS acceptable to the CITY, which shall include the following provisions:
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1.
Thirty (30) days prior written notice of cancellation or reduction in coverage, except
ten (10) days prior written notice is allowed for cancellation due to non-payment of
premIUm.
2.
The CITY and the Professional shall be sp~cifically included as additional insureds
on the general liability policy.
3.
Contract number and project title.
All such insurance required of the Contractor shall be primary insurance as respects the
CITY and the Professional. Any insurance or self-insurance maintained by the CITY and
the Professional shall be in excess of the Contractor's insurance and shall not contribute to it.
Failure of the CITY to demand certificates or other evidence of all compliance with these
insurance requirements or failure of the CITY to identify a deficiency from evidence
provided will not be construed as a waiver of the Contractor's obligation to maintain such
Insurance.
Any exceptions to the insurance requirements in this section must be approved in writing
by the CITY.
B.
It shall be the responsibility of the Contractor to ensure that all its subcontractors maintain
adequate insurance until the completion of the work under that contract. The Contractor
shall obtain certificates evidencing such insurance from its, subcontractors, and shall
promptly furnish copies of certificates of insurance evidencing coverage for each
subcontractor when requested by the CITY. Failure of the Contractor to maintain adequate
insurance coverage for itself or for any other persons or entities for whom it is responsible,
or to ensure that its subcontractors maintain adequate coverage, shall not relieve the
Contractor of any contractual responsibility or obligation or liability.
c.
Coverages: The minimum types and amounts of insurance (inclusive of any amount
provided by an umbrella or excess policy) shall be as follows:
1.
Workers' Compensation - The Contractor shall provide coverage for its
employees, with statutory workers' compensation limits, and no less than the limits
indicated in the Schedule of Limits, Paragraph D, following, for Employers'
Liability. Said coverage shall include a waiver of subrogation in favor of the CITY,
the Professional, and their agents, employees and officials.
2.
Commercial General Liability - The Contractor shall provide coverage for all
operations including, but not limited to Contractual, Products and Completed
Operations and Personal Injury. The limits shall be not less than the limits indicated
in the Schedule of Limits, Paragraph D, following, per occurrence, Combined Single
Limits (CSL) or its equivalent. The General Aggregate limit shall either apply
separately to this Contract or shall be at least twice the required occurrence limit.
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3.
Business Automobile Liability - The Contractor shall provide coverage for all
owned, non-owned and hired vehicles for limits of not less than the limits indicated
in the Schedule of Limits, Paragraph D, following, per occurrence, Combined Single
Limits (CSL) or its equivalent.
4.
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Builders' Risk - If this Contract includes: (l) construction of a new above-ground
structure or structures, or (2) any addition(s), improvement(s), alteration(s), or
repair(s), to an existing above-ground structure or structures, or (3) the installation of
machinery or equipment into an existing structure or structures, the Contractor shall
provide, in a policy acceptable to CITY, "all risk" (i.e. Special Fonn) property
insurance on any such construction, additions, machinery or equipment. The
amount of the insurance shall be no less than the estimated replacement value at the
time of CITY'S final acceptance of such new structures, addition(s),
improvement(s), alteration(s), repair(s), machinery or equipment. The coverage
shall not be subject to any restriction with respect to occupancy or use by the CITY
and, subject to thirty (30) days' prior written notice to the CITY shall remain in full
effect until final aceeptance by the CITY. In addition, the CITY, the
PROFESSIONAL, and the Contractor's subcontractors of any tier, shall be
additional insureds on this policy. The insurance shall include a deductible no
greater than one percent (1 %) of the contract amount, or $25,000, whichever is
smaller, for which the Contractor shall be responsible. The risk of loss whether
insured or not shall remain with the Contractor until final acceptance. Upon request,
Contractor shall furnish to CITY complete copies of the insurance policy.
D. Schedule of Limits
. Contract Award Workers' General
Compensation Liability Liability
Up to $10 million $500,000 $1,000,000
$10 - $20 million $1,000,000 $5,000,000
.
Automobile
$1,000,000
$5,000,000
Notwithstanding the foregoing, the CITY reserves the right, but not the responsibility, to
periodically review any and all policies of insurance and to reasonably adjust the limits
and/or types of coverage required hereunder, from time to time throughout the tenn of
this Contract. In such event, CITY shall provide the Contractor written notice of such
adjustments and the Contractor shall comply within 30 days of receipt thereof.
Indemnification - Subject to the limitations in the third paragraph under this heading, the
Contractor will defend, indemnify and hold hannless the CITY, the Professional, their
agents and employees from and against all liabilities, claims, damages, losses and
expenses including attorney's fees, arising out of or resulting from the perfornlance of the
work, provided that any such liability, claim, damage, loss or expense (a) is attributable
to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the work itself) including the loss of use resulting therefrom and
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(b) is caused in whole or in part by any 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 whole
or in part by a party indemnified hereunder. The Contractor hereby acknowledges receipt
of One Hundred Dollars ($100) and other gooçi and valuable consideration from the
CITY as consideration for the indemnification provisions in this Contract.
In any and all claims against the CITY, its agents or employees; the Professional;
employees of the contractor and Subcontractor; all 'persons directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligation under the previous paragraph shall not be limited in any way
as to the amount or type of damages, compensation or benefits payable by or for the
contractor or any Subcontractor under worker's compensation acts, disability benefit acts
or other employee benefit acts.
The indemnification obligations of the Contractor under this section shall not extend to the
liability of the Professional, and its agents or employees arising out of (a) the preparation or
approval of maps, drawing, opinions, reports, surveys, Change Orders, designs or
specifications or (b) the giving of or the failure to give requested interpretations by the
Professional and their agents or employees, provided such giving or failure to give is the
primary cause of injury or damage.
.
The Contractor will defend, indemnify and hold hannless the CITY and anyone directly or
indirectly employed by it from and against all claims, damages, losses and expenses
(including attorney's fees) arising out of any infringement of patent rights or copyrights held
by others during or after completion of the work, and shall defend all such claims in
connection with any alleged infiingement of such rights.
Provided, however, if this Contract is deemed, by a court of competent jurisdiction, to be a
construction contract for the purposes of Section 725.06, Florida Statues, any obligation of
the Contractor to defend, indemnify or hold hannless the CITY, the Professional, and their
officers and employees, shall be limited to an obligation to indemnify and hold harmless the
CITY, the Professional and their officers and employees from liability, damages, losses, and
costs, including but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentionally wrongful conduct of the Contractor and persons
employed or utilized by the Contractor in the performance of the Contract.
The indemnification provisions contained herein shall survive the termination of this
contract.
ARTICLE 9 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence - The Contractor will supervise and direct the work efficiently
and with his best skill and attention. He will be solely responsible for the means, methods,
techniques, sequences and procedure of construction, unless othelWise specified. The Contractor
will be responsible to see that the finished Work complies accurately with the Contract Documents.
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Go~...~t r ... <Y""'s~c.'f l'tI.ft"'jr ~.
on tractor will ~te at all times during its progress a competent, resident
t who shall not be replace' out written notice to the Project Manager. The
e ill be the Contractor's representatlv e site and shall have authority to act on
beh~lf of the Contractor. All communications given to the hall be as binding as if
given to the Contractor.
The Project Manager may require in writing that the Contractor remove trom the Work any of
Contractor's personnel that the Project Manager determines to be incompetent, careless or otherwise
objectionable. No claims for an increase in Contract Amount or Contract Time based on the Project
Manager's use of this provision will be valid. Contractor shall indemnify and hold the CITY
hannless trom and against any claim by Contractor's personnel on account of the use of this
provIsIon.
Labor, Materials and Equipment - The Contractor will provide competent, suitable, qualified
personnel to layout the Work and perform construction as required by the Contract Documents. He
will at all times maintain good disciplin~ and order at the site.
The Contractor will furnish all materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and
incidentals necessary for the execution, testing, initial operation and completion of the Work.
All materials and equipment will be new except as otherwise provided in the Contract Documents.
If required by the Project Manager, the Contractor will furnish satisfactory evidence as to the kind
and quality of materials and equipment furnished.
.
All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator or
processors except as otherwise provid~:d in the Contract Documents.
Substitute Material or Equipment - If it is indicated in the Specifications that the Contractor may
furnish or use a substitute that is equal to any material or equipment specified, and ifthe Contractor
wishes to furnish or use a proposed substitute, he will within thirty (30) days after the award of the
contract make written application to the Professional for acceptance of such a substitute, certifying
in writing that the proposed substitute will perform adequately the duties imposed by the general
design, be similar and of equal substance to that specified and be suited to the same use and capable
of performing in an efficient and economic manner as that specified. The application will include
sufficient information to allow the Professional to evaluate the substitutions. The application will
state the extent, if any, to which the review, acceptance, furnishing and installation of the proposed
substitute will prejudice Contractor's Gompletion of the Work within the Contract Time(s). If the
cost of the review of the substitution is greater than that of the originally specified item, the
Contractor will reimburse the CITY for all costs. CITY may require Contractor to furnish at
Contractor's expense a special perfonnance guarantee or other Surety with respect to any substitute.
The benefit of lower cost items shall be to the CITY. No substitute shall be ordered or installed
without the written acceptance of the Professional who shall be the sole judge of acceptability.
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Concerning Subcontractors - The Contractor will not employ any Subcontractor, other person or
organization of the types referred to in Article 4 (whether initially or as a substitute) against whom
the CITY or the Project Manager may have reasonable objections, nor will the Contractor be
required to employ any Subcontractor against whom he has reasonable objection. The Contractor
will not make any substitution for any Subcontractor 'YVho has been accepted by the Project
Manager, unless the CITY and the Project Manager detennine that there is good cause for doing so.
The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of
persons directly or indirectly employed by them and of persons for whose acts any of them may be
liable to the same extent that they are employed by him. Nothing contained in the Contract
Documents shall create, nor be interpreted to create, privity or any other contractual relationship
whatsoever between the CITY and any Subcontractor or any person except the Contractor, or any
obligation on the part of the CITY to payor to see to the payment of any moneys due any
Subcontractor, except as may otherwise be required by law. The CITY may furnish to any
Subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of
specific Work done.
The divisions and sections of the Specifications and the identifications of any Drawings shall not
control the Contractor in dividing the Work among Subcontractors or delineating the Work to be
perfonned by any specific trade.
The Contractor agrees to bind specifically every Subcontractor to the applicable tenns and
conditions of the Contract Documents for the benefit of the CITY.
.
All Work perfonned for the Contractor by Subcontractors shall be pursuant to an appropriate
agreement between the Contractor and the Subcontractor which shall contain provisions that waive
all rights the contracting parties may häve against one another for damages caused by fire or other
perils covered by insurance held by the CITY as trustee. The Contractor will pay each
Subcontractor a share of any insurance moneys received by the Contractor under this insurance.
Patent Fees And Royalties - The Contractor will pay all license fees and royalties and assume all
costs incident to the use of any invention, design, process or device which is the subject of patent
rights or copyrights held by others.
Permits - The Contractor will secure ~md pay for all construction pennits and licenses and will pay
all governmental charges and inspection fees necessary for the prosecution of the Work which are
applicable at the time of his Bid except those as may be identified in Division 1 of the
Specifications. The Contractor will also pay all public utility charges except as provided for in the
Contract Documents.
.
Laws and Regulations - The Contractor will give all notices and comply with all laws, ordinances,
rules and regulations applicable to the work. If the Contractor observes that the Specifications or
Drawings are at variance therewith, he will give the Professional and Project Manager prompt
written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order.
If the Contractor perfonns any Work knowing it to be contrary to such laws, ordinances, rules and
regulations and without such notice to the Professional and Project Manager, Contractor will bear
all costs arising therefrom; however, it shall not be his primary responsibility to make certain that
the Drawings and Specifications are in accordance with such laws, ordinances, rules and
regulations,
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Use Of Premises - The Contractor will confine his equipment, the storage of materials and
equipment, and the operations of his workers to the areas pennitted by law, ordinances, pennits or
the requirements of the Contract Documents and shall not unreasonably encumber the premises with
materials or equipment.
.
The Contractor shall confine the operation of workmen and equipment, and the storage of materials
and equipment to the CITY's property or to other non-CITY property or in public right-of-way areas
indicated on the Contract Drawings as including work to be done pursuant to the Contract
documents. In the event the Contractor desires to have access to the project site, or perfonn work or
operations pertaining to the contract on, over or from non-CITY property adjacent to the project
site, the Contractor shall obtain written authorization to do so from the respective adjacent property
owner(s) prior to using such property. Such written authorization shall include a provision whereby
the property owner agrees to hold the CITY harmless, and to defend the CITY, in the event of any
liability, loss, injury, or claim incurred as a result of the Contractors work or operations involving
the use of the adjacent non-CITY property. The CITY shall be provided with a notarized, certified
copy of such written authorization(s) before the Contractor commences work or operations or use of
such property in connection with work or operations pursuant to this contract.
Record Drawings - The Contractor will keep one record copy of all Specifications, Drawings,
Addenda, Change Orders and Shop Drawings at the site in good order, and annotated and/or marked
on a current basis to indicate the progress of the work done and to show all changes made during the
construction process or conditions varying from the Bid Documents. These shall be available to the
Project Manager for inspection throughout construction and shall be delivered to the Project
Manager upon completion of the Work, but prior to final payment. 'As Built' drawings at
substantial completion shall be in accordance with Section 01770 of the Bid Documents.
Safety And Protection - The Contractor will be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work. He will take all
necessary precautions for the safety of and will provide the necessary protection to prevent damage,
injury or loss to:
A.
All employees on the Project and other persons who may be affected thereby:
B.
All the Work and all materials or equipment to be incorporated therein, whether in storage
on or off the site; and
c.
Other property at the site or adjacent thereto including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of
any public body or public or private utility service organization having jurisdiction for the safety of
persons or property or to protect them from damage, injury or loss. He will erect and maintain, as
required by the conditions and the progress of the Work, all necessary safeguards for safety and
protection and, in addition, he will comply with all applicable recommendations of the Manual of
Accident Prevention in Construction of the Associated General Contractors of America, Inc., and
the Manual on Unifonn Traffic Control Devices for Streets and Highways (MUTCD) and
subsequent revisions and addenda as published by the U.S. Department of Transportation, Federal
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Highway Administration and adopted by the Florida Department of Transportation. He will notify
owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or
loss to any property or all damage, disruption, discontinuance or other loss to any utility system or
roadways referred to in civil drawings or in access route to the site caused directly or indirectly, in
whole or in part by the Contractor, any Subcontractor, anyone directly or indirectly employed by
any of them, or anyone for whose acts any of them may be liable, will be remedied by the
Contractor, except damage or loss attributable to the fault of the Drawings or the Specifications or
to the acts or omissions of the CITY, and not attributable, directly or indirectly, in whole or in part,
to the fault of negligence of the Contractor.
The Contractor will designate a responsible member of his organization whose duty shall be the
prevention of accidents at the site. This person shall be the Contractor's superintendent unless
otherwise designated in writing by the Contractor to the Project Manager.
Emergencies - In emergencies affecting the safety of persons, the Work or property at the site or
adjacent thereto, the Contractor, without special instruction or authorization ITom the Project
Manager, is obligated to act at his discretion to prevent threatened damage, injury or loss. He will
give the Project Manager prompt written notice of any significant changes in the Work or deviations
ITom the Contract Docwnents caused thereby, and a Change Order shall thereupon be issued
covering the changes and deviations involved. If the Contractor believes that additional Work done
by him in an emergency which arose from causes beyond his control entitles him to an increase in
the Contract Amount or an extension of the Contract Time, he may make a claim therefore as
provided in Articles 13 and 14.
.
Shop Drawing and Samples - After checking and verifying all field measurements, the Contractor
will submit to the Professional for review, in accordance with the accepted schedule of Shop
Drawing submission, six copies, plus one reproducible copy of all Shop Drawings, which shall have
been checked by and stamped with the approval of the Contractor and identified as the Professional
may require. The data shown on the Shop Drawings will be complete with respect to dimensions,
design criteria, materials of construction and the like to enable the project manager to review the
information as required.
The Contractor will also submit to the Professional for review with such promptness as to cause no
delay in the Work, all samples required by the Contract Docwnents. All samples shall be checked
by and stamped with the approval of the Contractor, identified clearly as to material, manufacturer,
any pertinent numbers and the use for which intended.
At the time of each submission, the Contractor will in writing call to the Professional's attention to
any deviations that the Shop Drawing or sample may have ITom the requirements of the Contract
Documents.
The Professional will review with reasonable promptness and take appropriate action with regard to
Shop Drawings and samples, but its review shall be only for general conformance with the design
concept of the Project and for compliance with the information given in the Contract Documents.
The acceptance of a separate item as such will not indicate approval of the assembly in which the
item functions.
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The Contractor will make any corrections required by the Professional and will return the required
number of corrected copies of Shop Drawings and re-submit new samples until accepted. The
Contractor's stamp of approval on any Shop Drawing or sample shall constitute a representation to
the Professional that the Contractor has either detennined and verified all quantities, dimensions,
field construction criteria, materials, catalog numbers. and similar data or he assumes full
responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample
with the requirements ofthe Work and Contract Documents.
No Work requiring a Shop Drawing or sample submission shall be commenced until the submission
has been accepted by the Professional. A copy of each accepted Shop Drawing and each accepted
sample shall be kept in good order by the Contractor at the site and shall be available to the
Professional.
The Professional's acceptance of Shop Drawings or samples shall not relieve the Contractor ITom
his responsibility for any deviations from the requirements of the Contract Documents, unless the
Contractor has in writing called the Professional's attention to such deviation at the time of
submission and the CITY and the Professional have given written acceptance to the specific
deviation; nor shall any acceptance by the Professional relieve the Contractor ITom responsibility for
errors or omissions in the Shop Drawing.
Each Shop Drawing or sample submittal or substitution request by the Contractor shall contain a
reference identifying the applicable, specific Section of the Specifications to which it pertains.
Submittals failing to comply with this provision shall be rejected and returned to the Contractor
without review.
.
Each Shop Drawing or sample submittal or substitution request shall include the following stamped
certification by the contractor:
"The General Contractor has reviewed the Shop Drawing, sample or substitution submitted
herewith and has detennined and hereby certifies that in all respects this submittal is in full
compliance and confonnance with the contract specifications, drawings and all other contract
requirements pertaining thereto".
Failure of the Contractor to include the above stated specification reference number or certification
of compliance shall result in the rejection ofthe submittal.
The Contractor will also submit within sixty (60) days of Contract Award to the Professional for
acceptance all samples required by the Contract Documents. All samples will have been checked
by and stamped with the approval of the Contractor, identified clearly as to material, manufacturer,
any pertinent numbers and the use for which intended.
In the event that the Contractor, or anyone working for or on behalf of the Contractor on this
project, should commence or do any work requiring submission of a Shop Drawing or sample, or
involving a substitution or an "or-equal" request without having such submittal accepted by the
CITY in writing, then the Contractor is advised that any and all such work will be done at its risk
and is subject to rejection and/or removal at the Contractor's expense and at no additional cost to
the CITY if applicable Shop Drawing, sample, substitution, "or-equal" or other submittal is not
accepted.
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Further, the Contractor will not receive "progress" or "final" payment for any and all work
commenced or done which requires, but has not received acceptance of Shop Drawings, samples,
substitution requests, or "or-equal" requests or any other required submittal, nor will the Contractor
receive "progress" or "final" payment for any and all work that has been detennined by the
Professional not to be in compliance or confonnance with the established contract requirements,
contract change orders, written directives, written clarifications provided to the Contractor, or
accepted Shop Drawings, accepted samples, accepted substitutions, or accepted "or-equals".
Cleaning Up - The Contractor will keep the premises free from accumulations of waste materials,
rubbish and other debris resulting from the Work; at the completion of the Work he will remove all
waste materials, rubbish and debris from and about the premises as well as all tools, construction
equipment and machinery, and surplus materials, and will leave the site clean and ready for
occupancy by the CITY. The Contractor will restore to their original condition those portions of the
Site not designated for alteration by the Contract Documents. If at any time during construction of
this project, the Contractor fails to clean up on a daily basis, the CITY may do so. All costs
associated with the CITY's cleanup activities on behalf of the Contractor shall be deducted from
amounts due to the Contractor.
ARTICLE 10 - WORK BY OTHERS
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The CITY may perfonn additional work related to the Project by itself, or it may let other direct
contracts which shall contain General Conditions similar to these. The Contractor will afford the
other contractors who are parties to such direct contracts (or the CITY, if it is perfonning the
additional Work itself), reasonable opportunity for the introduction and storage of materials and
equipment and the execution of Work, and shall properly connect and coordinate his work with
theirs. Should the Contract entail relocation of facilities not a part of this Contract, the Contractor
will coordinate and cooperate with the applicable entity responsible for this portion of the work.
Owner, as a separate expense and cost of the Owner, may hire other contractors or vendors to
construct and install various furniture, fixtures and equipment for the project of which the Owner
will take full responsibility. Any independent contractors, vendors or other third parties working on
the site for Owner must agree to abide by the safety rules, schedule, and regulations established by
the Contractor. Owner must coordinate with Contractor to facilitate the installation of these items
and systems. Any independent contractors, vendors, or other third parties working on the site shall
carry such liability, workers compensation and other insurance and in such amounts as required by
law and by Owner. Owner shall indemnify and hold harmless General Contractor and all
subcontractors for any and all damages or actions resulting from Owner's Contractors.
Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas
valve boxes, light standards, cableways, signals, and all other utility appurtenance within the limits
of the proposed construction which are to be relocated or adjusted are to be moved by the owners of
the utility services at their expense, unless otherwise provided in the Contract.
It is understood and agreed that the Contractor has considered in his bid all of the pennanent and
temporary utility appurtenances in their present or relocated positions as shown on the plans and
that no additional compensation will be allowed for any delays, inconvenience or dan1age sustained
by him due to any interference from the said utility appurtenances or the operation of moving them.
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F_15
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If any part ofthe Contractor's work depends (for proper execution of results) upon work of any such
other Contractor (or the CITY), the Contractor will inspect and promptly report to the Professional
and Project Manager in writing any defects, deficiencies or delays in such work that render it
unsuitable for such proper execution and results.
e.
Contractor's failure to report shall constitute an acceptance of the other work, except as to defects,
deficiencies and delays which may appear in the other work after the execution of the Work.
The Contractor will do all cutting, fitting and patching of his Work that may be required to make its
several parts come together properly, and fit it to receive or be received by such other work. The
Contractor will not endanger any work of others by cutting, excavating or otherwise altering such
other work and will only cut or alter such other work with the written consent of the Professional.
If the perfonnance of additional work by other Contractors or the CITY is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
Contractor prior to starting any SUGh additional work. If the Contractor believes that the
perfonnance of such additional work by the CITY or others involves him in additional expense or
entitles Contractor to an extension of the Contract Time, Contractor may make a claim therefore as
provided in article 13 and 14.
ARTICLE 11 - PROJECT MANAGER'S STATUS DURING CONSTRUCTION
CITY's Representatives - The Project Manager shall be the CITY designated representative during
the construction period. The designated Project Manager for this project shall be PPI Construction
Management or designee. The Projeet Manager can be changed by the CITY upon notice from
CITY to Contractor.
e
ARTICLE 12 - CHANGES IN THE WORK
Without invalidating the Contract, the CITY may, at any time or from time to time, order additions,
deletions or revisions in the Work authorized by written Change Orders or directive. Upon receipt
of a Change Order, the Contractor will proceed with the work involved. All such work shall be
executed under the applicable conditions of the Contract Documents. If any Change Order causes
an increase or decrease in the Contract Amount or any extension or shortening of the Contract
Time, an equitable adjustment will be made as provided in Article 13 or Article 14.
Additional Work perfonned by the Contractor without authorization of a Change Order will not
entitle Contractor to an increase in the Contract Amount or any extension of the Contract Time,
except in the case ofan emergency as provided in Article 9.
It is the Contractor's responsibility to notify his Surety of any changes affecting the general scope of
the Work or change of the Contract Amount and the amount of the applicable bonds shall be
adjusted accordingly, and an amended bond document furnished to the CITY.
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In the event the CITY directs the Contractor to make a change in the Work, and if the CITY and the
Contractor do not arrive at a mutually acceptable increase or decrease in the Contract Amount, the
Contractor shall not use any such lack of mutual acceptance as a basis or cause to stop or otherwise
delay the progress or the execution and completion of any of the work ordered, directed or required
pursuant to the Contract Documents.
ARTICLE 13 - CHANGE OF CONTRACT AMOUNT
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The Contract Amount constitutes the total compensation payable to the Contractor for perfonning
the Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor
shall be at his expense without change in the Contract Amount.
The Contract Amount may only be changed by written Çhange Order issued by the CITY. Any
claim for an increase in the Contract Amount shall be in writing and delivered to the Project
Manager within fifteen (15) days of the occurrence of the event giving rise to the claim. All claims
for adjustment in the Contract Amount shall be detennined by the Project Manager. However, no
claim for an adjustment to the Contract Amount will be considered for unforeseeable causes that
were beyond the fault or negligence of the Contractor or his Subcontractors or supplier such as acts
of God, floods, riots, etc. This restriction does not restrict submission of claims for additional
Contract Time due to events of this nature. Any change in the Contract Amount shall be
incorporated in a Change Order.
The value of any Work covered by a Change Order or of any claim for an increase or decrease in
the Contract Amount shall be detennined in one of the following ways:
A. Where the Work involved is covered by unit prices contained in the Contract Documents, by
application of unit prices to the quantities of the items involved. If the quantities originally
contemplated are so changed in a proposed Change Order, that application of the Unit Prices
to the quantities proposed will cause substantial inequity to the CITY or the Contractor, the
applicable unit price(s) shall be equitably adjusted by mutual agreement.
B.
By mutual acceptance of a lump sum.
c.
By cost and mutually acceptable fixed amount for overhead and profit.
D.
If the value of work covered by a Change Order cannot be established or mutually agreed to
utilizing any of the above three methods the value shall be detennined by the CITY on the
basis of an estimate of the out-of-pocket cost and percentages that are acceptable to the
CITY for overhead and profit. The out-of-pocket cost shall only include those direct costs
which are needed to perfonn the work such as labor (including payroll taxes, fringe benefits,
and workers insurance), materials, equipment, and other incidental out-of-pocket
construction costs directly involved in the work, but shall not include project management or
project supervisory costs unless the Change Order includes an increase in the contract time.
In such case, the Contractor will submit in the fonn prescribed by the CITY an itemized cost
breakdown together with supporting data. The amount of credit to be allowed by the Contractor to
the CITY for any such change which results in a net decrease in cost, will be the amount of the
actual net decrease as detennined by the CITY. When both additions and credits are involved in
anyone change, the combined overhead and profit shall be figured on the basis of the net decrease,
if any.
Cash Allowances - It is understood that the Contractor has included in the Contract Amount any
allowances so named in the Contract Documents and shall cause the Work so covered to be done by
such Suppliers or Subcontractors and for such sums within the limit of the allowances as the CITY
may accept. Upon final payment, the Contract Amount shall be adjusted as required and an
appropriate Change Order issued. The Contractor agrees that the original Contract Anlount includes
such sums as he deems proper for cost and profit on account of cash allowances. No demand for
additional cost or profit in connection therewith will be allowed,
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ARTICLE 14 - CHANGE OF CONTRACT TIME
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The Contract Time may only be changed by written Change Order. Any claim for an extension in
the Contract Time shall be in writing and include an analysis of the Progress Schedule as further
described in the Specifications, and shall be delivered to.the Project Manager within fifteen (15)
days of the occurrence of the event giving rise to the claim. All claims for adjustment in the
Contract Time shall be determined by the Project Manager. Any change in the Contract Time
resulting ftom any such claim shall be incorporated in a Change Order.
The Contract Time will be extended in an amount equal to time lost due to unforeseeable causes
beyond the control of the Contractor (and his Subcontractors and Suppliers) if he makes a claim
therefor. Such delays shall include, but not be restricted to, acts or neglect by any separate
contractor employed by the CITY; fires; floods; labor disputes; epidemics or acts of God.
All time limits stated in the Contract Documents are of the essence to the Contract. The stated time
limits are agreed to be adequate. to complete the work, including the procurement, manufacture and
delivery of all material and equipment required, and account for any and all potential impact, delays,
disruptions and costs that may be expected due to seasonal weather conditions.
ARTICLE 15 - CONDITION OF MATERIALS AND PACKAGING:
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In instances where the Specifications, (part H) make this subject applicable (and unless otherwise
indicated), all goods and items offered for sale and/or shipped by the Contractor pursuant to the
requirements imposed upon said Contractor by this Contract, will be new and in first class
condition; all related containers being new and suitable for storage and shipment; all prices
including the cost of standard commercial packaging. Contractors will be solely responsible for
making any and all claims against carriers as concerns missing or damaged items.
ARTICLE 16 - ASBESTOS FREE MATERIALS:
Project is to be constructed with asbestos ftee materials. A written, notarized statement on company
letterhead is to be submitted with the final payment request. Final payment shall be withheld until
such statement is submitted.
Contractor shall agree that if materials eontaining asbestos are subsequently discovered at any future
time to have been included in the construction done by the Contractor or any of it's Subcontractors
or agents and were not specified in the design or required by the contract document, Contractor shall
be liable for all costs related to the abatement of such asbestos and damages or claims against the
CITY. This Provision shall survive termination of the Contract.
ARTICLE 17 - WARRANTY AND GUARANTEE. ACCEPTANCE OF DEFECTIVE
WORK
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Warranty and Guarantee - The Contractor warrants and guarantees to the CITY that all materials
and equipment will be new unless otherwise specified and that all Work will be of good quality, fTee
trom faults or defects and in accordance with the requirements of the Contract Documents including
any required inspections, tests or approvals. All unsatisfactory Work, all faulty Work, and all Work
not conforming to the requirements of the Contract Documents or such inspections, tests or
approvals shall be considered defective.
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Prompt notice of all defects shall be given to the Contractor. All defective Work, whether or not in
place, may be rejected, corrected or accepted as provided in this Article.
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All warranty and guarantee coverage periods shall commence from the date the project is
detennined by the Project Manager to be Substantially Complete or when the warranted or
guaranteed component is installed or constructed, which ever date is later. The coverage
commencement date of warranties and guarantees shall, in accordance with the provisions stated
above, be entered on each warranty or guarantee document. However, in the event the coverage
commencement date entered on the warranty or guarantee document is not in accordance with the
provisions stated above, the coverage commencement date shall nonetheless be the date detennined
by applying the provisions stated abov(:.
Tests and Inspections - If the Contract Documents, laws, ordinances, rules, regulations or order of
any public authority having jurisdiction require any Work to specifically be inspected, tested or
approved by someone other than the Contractor, the Contractor will give the Project Manager
timely notice of readiness therefore. The Contractor will furnish the Project Manager with the
required certificates of inspection, testing or approval. All such tests will be in accordance with the
methods prescribed by the American Society for Testing Materials or such other applicable
organizations as may be required by law or the Contract Documents. If any such Work required to
be inspected, tested or approved is covered without written approval of the Project Manager, it
must, if requested by the Project Manager, be uncovered for observation at the Contractor's expense.
The cost of all such inspections, tests and approvals shall be borne by the Contractor unless
otherwise provided. Neither observations by the Contractor nor inspections, tests or approvals by
persons other than the Contractor shall relieve the Contractor from his ,obligations to perfonn the
Work in accordance with the requirements of the Contract Documents.
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Access To The Work - The Project Manager and his representative and other representatives ofthe
CITY and the Professional will at all times have access to the Work. The Contractor will provide
proper facilities for such access and observation of the Work and also for any inspection or testing
thereof by others.
Uncovering Work - If any Work is covered contrary to the request of the Project Manager it must,
if requested by the Project Manager be uncovered for observation or inspection, it shall be replaced
at the Contractor's expense. If any Work has been covered which the Project Manager has not
specifically requested to observe prior to its being covered, or if the Project Manager considers it
necessary or advisable that covered ""ork be inspected or tested by others, the Contractor, at the
Project Manager's request, will uncover, expose or otherwise make available for observation,
inspection or testing as the. Project Manager may require, that portion of the Work in question,
furnishing all necessary labor, material and equipment. Ifit is found that such Work is defective, the
Contractor will bear all the expense of such uncovering, exposure, observation, inspection and
testing, and of satisfactory reconstruction. If, however, such Work is not found to be defective, the
Contractor will be allowed an increase in the Contract Amount or an extension of the Contract
Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing
and re-construction, if he makes a claim therefore as provided in Article 13 and 14.
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Notice to Cure - If the CITY detennines the Work is defective or deficient; if the Contractor fails to
supply sufficient skilled workers or suitable materials or equipment; if the Contractor fails to make
prompt payments to Subcontractors for labor, materials or equipment; if the work is not progressing
in a safe, orderly or well coordinated manner; or if the general progress and/or quality of the work is
not adequate to ensure continuation or completion of the work in accordance with the Contract
completion time requirements, then the CITY shall issue a notice to cure, giving the Contractor a
specific period of time (1) in which to submit to the Project Manager a written Plan of Action
including a schedule setting forth a plan by which the deficiencies will be corrected, and (2) a
specific period oftime in which to correct the deficiencies. If the Contractor does not submit a Plan
of Action to indicate how and when the deficiencies indicated in the notice to cure will be cured
within the specified time frame that is acceptable to the Project Manager, and if those deficiencies
are not corrected within that time frame, then the CITY shall take further action, up to and including
contract tennination. The Contractor shall not be entitled to any delay claims as a result of the
issuance by the CITY of the notice to cure.
Correction or Removal of Defective Work - If required by the Project Manager prior to approval
of final payment, the Contractor will, promptly, without cost to the CITY and as specified by the
Project Manager, either correct any defective Work whether or not fabricated, installed or
completed or, if the Work has been rejected by the Project Manager, remove it from the Site and
replace it with non-defective Work. If the Contractor does not correct such defective Work or
remove and replace such rejected work within a reasonable time, or as specified in a written notice
from the Project Manager, the CITY may have the deficiency corrected or the rejected work
removed and replaced. All direct and indirect costs of such correction or removal and replacement
shall be paid by the Contractor. The Contractor will also bear the expense of making good all work
of others destroyed or damaged by this correction, removal or replacement of his defective Work.
One (1) Year Correction Period - The Contractor shall be responsible for the timely correction of
any deficiencies in the work for a period of one (1) year after final acceptance or such longer period
of time as may be prescribed by law or by any other tenus required by the contract. The Contractor
will promptly without cost to the CITY and in accordance with the Project Manager's written
instructions either correct such defective Work or, if it has been rejected by the Project Manager,
remove it from the site and replace it with non-defective Work. Ifthe Contractor does not promptly
comply with the tenus of such instructions, the Project Manager or the CITY may have the
defective Work corrected or the rejected Work removed and replaced. All direct and indirect costs
of such removal and replacement will be paid by the Contractor.
Acceptance Of Defective Work - If, instead of requiring correction or removal and replacement of
defective Work, the CITY prefers to accept it, then the CITY may do so. In such case, if acceptance
occurs prior to approval of final payment, a Change Order shall be issued incorporating the
necessary revisions in the Contract Documents including an appropriate reduction in the Contract
Amount. If the acceptance occurs after approval of final payment, the appropriate amount shall be
paid by the Contractor to the CITY.
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Neglected Work By Contractor - If the Contractor should neglect to prosecute the Work in
accordance with the Contract Documents, including any requirements of the progress schedule, the
CITY may, after reasonable written notice to the Contractor and without prejudice to any other
remedy it may have, make good such deficiency and the cost thereof shall be charged against the
Contractor. A Change Order shall be issued incorporating the necessary revision in the Contract
Documents including an appropriate reduction in the Contract Amount. If the payments then or
therefore due the Contractor are not sufficient to cover such amount, the Contractor will pay the
difference to the CITY.
ARTICLE 18 - LIQUIDATED DAMAGES
Provisions for liquidated damages, should Contractor fail to substantially andIeF finally complete
the Work within the Contract Times are included in the Contract.
ARTICLE 19 - PAYMENT AND COMPLETION
Progress Schedule - The Contractor shall submit to the Professional and Project Manager a
progress schedule and a schedule of values of the Work including quantities and unit prices totaling 0"" 16
the Contract Amount no later than twenty (20) days after receipt of Notice to Proceedpd prior LU - '" I .
conllR8fteif!.g .;. ork Of!. tÀ.i Proj~Q"'" These schedules shall be satisfactory in fonn and substance to ~
the CITY and shall subdivide the Work into a progress schedule of sufficient detail to serve as the
basis for progress payments during construction. Upon acceptance of the schedule of values by the
Professional and Project Manager, it shall be incorporated into the fonn of application for payment
prescribed by the CITY.
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The Contractor shall not imbalance its schedule of values nor artificially inflate any element thereof.
The violation of this provision by the Contractor shall constitute a material breach of this Contract.
Application For Progress Payment - Not more often than once a month, on a date established at
the Project Pre-Construction ConferenGe, the Contractor may submit to the Professional and Project
Manager for review the CITY's standard application for payment fonn filled out and signed by the
Contractor covering the Work completed as of the date of the Application and supported by such
data as the Professional and Project M~mager may reasonably require. Also, if payment is requested
on the basis of materials and equipment not incorporated in the work but delivered and suitably
stored at the site, the application for payment shall also be accompanied by such supporting data,
satisfactory to the Professional and Project Manager, as will establish the CITY's title to the material
and equipment and describing a means to protect its interest therein, including applicable insurance,
partial Consent of Surety, and detailed inventory listing of stored material. Each such request shall
include the submittal by the Contractor of (1) a detailed, itemized inventory listing the material
stored at the site for which payment is requested, (2) documentation to indicate and substantiate the
cost or value attributed to the items included in the stored material inventory list, and (3) the CITY's
"Responsibility And Liability For Materials And Equipment Not Included In The Work" fonn
executed by the Contractor. Failure to provide proper supporting documentation may subject the
Progress Payment application to rejection. All progress payments will be subject to the retainage
percentage specified in the Contract Documents that will be issued in the final payment after
acceptance by the CITY of the Work.
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The Contractor may, at the discretion of the CITY, be required to have applications for Progress
Payments accompanied by legally efft::ctive partial releases or waivers of liens executed by all
Subcontractors which perfonned services and suppliers of material or equipment for the Contractor
for services or supplies which were included in the previous Application for Progress Payment, or,
in the alternative, Consent of Surety to Partial Payment. Th.e Contractor shall include the following
certification on each Application for Progress Payments and the Application for Final Payment:
"The undersigned Contractor certifies that the work covered by this application for payment has
been done, or completed in accordance with the contract documents, that all amounts have been
paid by him for work, supplies, material or equipment for which previous Certificates for Payment
were issued and that the current payment shown herein is now due".
Contractor's Warranty Of Title - The Contractor warrants and guarantees that title to all work,
materials and equipment covered by an application for payment, whether incorporated in the Project
or not, will have passed to the CITY prior to the making of the application for payment, free and
clear of all liens, claims, security interests and encumbrances; and that no work, materials or
equipment covered by an application for payment will have been acquired by the Contractor or by
any other person perfonning the work at the site or furnishing materials and equipment for the
Project subject to an agreement under which as interest therein or encumbrance thereon is retained
by the seller or otherwise imposed by the Contractor or such other person.
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Approval of Payments - The Professional will, within five (5) days (five (5) days after job site
meeting) after receipt of each application for payment, either indicate his approval of payment or
return the Application to the Contractor indicating in writing the reason for refusing to approve
payment. In the latter case, the Contractor may make the necessary corrections and re-submit the
Application. The CITY will pay the Contractor the amount approved within the time frame set
forth in the Florida Prompt Payment Act.
In the event the Contractor and the Professional do not achieve mutual agreement on the basis or
amount of the payment, and should the Contractor be unwilling to make the necessary corrections or
modifications, and re-submit the Application, then the CITY, to avoid delay in paying the
Contractor the amount the CITY has detennined the Contractor is entitled to receive, shall approve
and process the Application by making such adjustments thereto as the CITY deems appropriate so
that the Contractor receives, without delay, payment of the amount the CITY has detennined to
have been earned and owing to the Contractor.
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The Professional's approval of any payrnent requested in an application for payment shall constitute
a representation by him to the CITY, based on the Professional's on-site observations of the Work
in progress and on his review of the application for payment and the supporting data, that the Work
has progressed to the point indicated; that, to the best of his knowledge, infonnation and belief, the
quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the
Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests
called for in his approval); and that the Contractor is entitled to payment of the amount approved.
However, by approving any such payment, the Professional shall not thereby be deemed to have
represented that he made exhaustive or continuous on-site inspections to check the quality or
quantity of the Work, that he has reviewed the means, methods, techniques, sequences and
procedures of constmction nor that he has made any examination to ascertain how or for what
purpose the Contractor has used the moneys paid or to be paid to him on account of the Contract
Amount.
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The Professional's approval of final payment shall constitute an additional representation by him to
the CITY that the conditions precedent to the Contractor's belief being entitled to final payment as
set forth in this Article have been fulfilled.
The Professional may refuse to approve the whole or any part of any payment if in the opinion of
the Project Manager is unable to make such representations to the CITY. The Project Manager
may then refuse to approve any such payment because of subsequently discovered evidence or
the results of subsequent inspections or tests, nullify any prior such payment made or previously
approved, to such extent as may be necessary in Professional's opinion to protect the CITY from
loss because:
A.
The Work is defective;
B.
Claims have been filed or there is reasonable evidence indicating the probable filing thereof;
c.
The Contract Amount has been reduced because of Change Order(s);
D.
The CITY has been required to correct defective Work or complete the Work in accordance
with Article 17; or
E.
The unsatisfactory prosecution of the Work, including failure to clean up as required by
Article 9.
Substantial Completion - Prior to final payment, the Contractor shall certify in writing to the
Professional that the entire Work is Substantially Complete and request that the Professional issue a
certificate of Substantial Completion. Within a reasonable time thereafter, the Professional and
Contractor will make an inspection of the Work to detennine the status of completion. If the
Professional does not consider the Work Substantially complete, the Contractor will be notified in
writing giving the reasons therefore. If the Professional considers the Work Substantially Complete,
a tentative certificate of Substantial Completion will be issued. This Certificate shall fix the date of
Substantial Completion and the responsibilities between the CITY and the Contractor for
maintenance, heat and utilities. There shall be attached to the Certificate a punch list of items to be
completed or corrected, said time to be within the Contract Time.
The CITY shall have the right to exclude the Contractor from the Work after achievement of punch
list completion, but the CITY will allow the Contractor reasonable access to complete warranty
items.
Partial Utilization - Prior to Substantial Completion, the Professional may request the Contractor
to pennit the use of a specified part of the Work which Professional believes CITY may use without
significant interference with construction of other parts of the Work. If the Contractor agrees, he
will certify to the Professional that said. part of the Work is Substantially Complete and request the
Professional issue a certificate of Substantial Completion for that part of the Work. Within a
reasonable time thereafter, the Professional and Contractor will make an inspection of that part of
the Work to detennine its status of completion. If the CITY and the Professional consider that part
of the Work to be Substantially Complete, the Professional will deliver to the Contractor a
certificate to that effect, fixing the date of Substantial Completion as to that part of the Work,
attaching thereto a punch list of items to be completed or corrected before final payment and fixing
the responsibility between the CITY and Contractor for maintenance, heat and utilities as to that part
of the Work..
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The CITY shall have the right to exclude the Contractor from any part of the Work which is so
certified to be Substantially Complete but the CITY will allow the Contractor reasonable access to
complete or correct items on the punch list.
Final Inspection - Upon written notice from the Contractor that the Work is complete, including
the "punch" listed deficiencies, the Project Manager will make a final inspection with the Contractor
and will notify the Contractor in writing of any particulars in which this inspection reveals that the
Work is defective. The Contractor shall immediately make such corrections as are necessary to
remedy such defects and to complete all the required work.
Final Inspection For Payment - After the Contractor has completed any such corrections to the
satisfaction of the Project Manager ~md delivered all maintenance and operating instructions,
schedules, guarantees, bonds, Certificates of Inspection and other documents as required by the
Contract Documents, he may make application for final payment following the procedure for
progress payments. The final application for payment shall be accompanied by legally effective
final releases or waivers of liens from the Contractor and all Subcontractors which perfonned
services for the Contractor and all suppliers of material and/or equipment to the Contractor,
pursuant to the Contract Documents, an affidavit that all of the Contractor's obligations to
Subcontractors, laborers, equipment or material suppliers, or other third parties in connection with
the Work, have been paid or otherwise: satisfied, and the consent of Surety to final payment. The
Final Release of Lien, Fonn E-9, must be utilized in all Final Pay Applications.
Approval Of Final Payment - If, on the basis of its observations and review of the Work during
construction, its final inspection and its review of the final application. for payment (all as required
by the Contract Documents), the Project Manager is satisfied that the Work has been completed and
the Contractor has fulfilled all of his obligations under the Contract Documents, it will, within
fifteen (15) days after receipt of the final application for payment, indicate in writing its approval of
payment. Otherwise, it will return the Application to the Contractor, indicating in writing its reason
for refusing to approve final payment, in which case the Contractor will make the necessary
corrections and re-submit the Application. The CITY will, in accordance with the Florida Prompt
Payment Act, pay the Contractor the amount approved by the CITY and issue a Certificate of Final
Completion.
If after Substantial Completion of the Work, Final Completion is materially delayed through no
fault of the Contractor, and the Project Manager so confinns, the CITY shall, and without
tenninating the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance for Work not fully completed or corrected is less
than the retainage stipulated in the Contract, the written consent of the Surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by the
Contractor to the Project Manager prior to certification of such payment. Such payment shall be
made under the tenus and conditions governing final payment, except that it shall not constitute a
waiver of claims.
Contractor's Continuing Obligation - The Contractor's obligation to perfonn the Work and
complete the Work in accordance with the Contract Documents shall be absolute. Neither approval
of any progress or final payment by the CITY, the issuance of Certificate of Completion, any
payment by the CITY to the Contractor under the Contract Documents, any use or occupancy of the
Work or any part thereof by the CITY, any act of acceptance by the CITY, any failure to do so, nor
any correction of defective Work by the CITY shall constitute an acceptance of Work not in
accordance with the Contract Documents.
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Waiver Of Claims - The making and acceptance of final payment shall constitute:
A.
A waiver of all claims by the CITY against the Contractor other than those arising ftom
unsettled liens, ftom defective Work appearing after final payment or ftom failure to comply
with the requirements of the Contract DocumeJ)ts, or ftom the terms of any special
guarantees specified therein, and,
B.
A waiver of all claims by the Contractor against the CITY other than those previously made
in writing and still unsettled.
ARTICLE 20 - SUSPENSION OF \VORK AND TERMINATION
CITY May Suspend Work - The CITY may at any time and without cause suspend the Work or
any portion thereof by notice in writing to the Contractor. The Project Manager shall fix the date on
which Work shall be resumed and the Contractor will resume the Work on the date so fixed. For
unreasonable delays, the Contractor will be allowed an increase in the Contract Amount, an
extension of the Contract Time or both, if directly attributable to any suspension and if he makes a
claim therefor provided in Articles 13 and 14. However, no profits will be allowed on claims for
suspended work. Also, during any period of suspension, the Contractor shall take all available
measures to mitigate costs such as taking on new work, reassigning resources to other contracts, etc.
CITY May Terminate for Cause - If the Contractor is adjudged banlcrupt or insolvent; ifhe makes
a general assignment for the benefit of his creditors without CITY approval; if a trustee or receiver
is appointed for the Contractor (ftequently "he" in this Paragraph) or for any of his property; if he
files a petition to take advantage of any debtor's act or to reorganize under the banlcruptcy or similar
laws; if he fails to prosecute and complete the Work in accordance with the established Project
schedule or within the Contract Time allowed; if he repeatedly fails to supply sufficient skilled
workers or suitable materials or equipment; if he repeatedly fails to make prompt payment to
Subcontractors for labor, materials or equipment; if he disregards laws, ordinances, rules,
regulations or orders of any public body having jurisdiction; if he disregards the authority of the
Project Manager; or if he otherwise substantially violates any provisions of the Contract
Documents, then the CITY may, without prejudice to any other right or remedy and after giving the
Contractor and his Surety seven (7) days written notice, terminate the services of the Contractor and
take possession of the Work and of all materials, equipment, tools, construction equipment and
machinery thereon owned by the Contractor and assign the completion of the Work to the Surety, or
finish the Work by whatever method it may deem expedient. In such case, the Contractor shall not
be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Amount exceeds the direct and indirect cost of completing the Work, including
compensation for additional professional services, such excess shall be paid to the Contractor. If
such cost exceeds such unpaid balance, the Contractor will pay the difference to the CITY. Such
cost incurred by the CITY will be determined by the CITY and incorporated in a Change Order.
Where the Contractor's services have been so terminated by the CITY, said termination shall not
affect any rights of the CITY against the Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys by the CITY due the Contractor will not release the Contractor
ftom liability.
Upon Termination for Cause, the Contractor shall not be entitled to payment for any
anticipated supplemental costs, admi.nistrative expenses and/or profit for uncompleted \Vork.
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If after notice of termination of the services of the Contractor for cause, it is determined that the
Contractor was not in default, the temlination shall be deemed to have been for the convenience of
the CITY. In such event the Contractor may recover from the CITY payment for Work completed
and reasonable termination costs as provided in the following paragraph.
.
Termination for Convenience: Upon seven (7) days written notice to the Contractor and the
Surety, or sooner if reasonable under the circumstances, the CITY may, without cause and without
prejudice to any other right or remedy, elect to terminate any part of the Work, or the Contract in
whole or in part, as the CITY may deem appropriate. In any termination for convenience, the
Contractor shall be paid for Work completed by the Contractor and Subcontractors at the time of
termination provided, however, that the payment to the Contractor will exclude any and all
anticipated supplemental costs, administrative expenses and profit for uncompleted Work. Upon
termination for convenience, the CITY shall have full power and authority to take possession of the
Work, assume any sub-agreements with Subcontractors and suppliers which the CITY selects, and
prosecute the Work to completion by contract or as the CITY may deem expedient.
ARTICLE 21 - MAINTENANCE OF RECORDS
The Contractor will keep adequate records and supporting documents applicable to this contract.
Said records and documentation will be retained by the Contractor for a minimum of five (5) years
from the date of final payment on this Contract. The CITY and its authorized agents shall have the
right to audit, inspect and copy records and documentation as often as the CITY deems necessary
during the period of this contract and a period of three (3) years after completion of contract
performance; provided however, such activity shall be conducted only during normal business
hours. The CITY during the period of time defined by the preceding sentence, shall also have the
right to obtain a copy of and otherwise inspect any audit made at the direction of the Contractor as
concerns the aforesaid records and documentation.
ARTICLE 22 - DISPUTE RESOLUTION
Disputes - Work Continues. During any dispute not resulting in termination of the Contract,
the Contractor shall continue its performance of the Work and CITY shall continue to make
payments in accordance with this Contract.
No Arbitration. There will no arbitration on claims allegedly arising under the Contract or
these Contract Documents between CITY and Contractor. The Contractor shall include a similar
provision in all contracts let by Contractor pertaining to the Work, which condition shall
preclude arbitration between Contractor or any sub-contractor concerning f~71Jiaims alledgedly
arising under this Project. ~~"" ,,;' e;;W.'
Timing of Notification. If the Contractor wishes to make a cl~. m~o an increase in the contract
amount, or an extension of time for substantial or final completi n 0 the Project, or a change to
the Work, it shall give the CITY written notice thereof within days after Contractor has
knowledge of the event giving rise to such a claim. This notice shall be given when the
Contractor has knowledge or reasonably should have had knowledge that an event is is a basis
for additional compensation. No claim for a change to compensation will be considered unless a
claim is made. No claim shall be valid unless so made.
Form of Notification. To constitute timely written notice, the notice must conspicuously
contain the words "ARTICLE 22 NOTICE OF CLAIM" or "ARTICLE 22 NOTICE OF
POTENTIAL CLAIM" and must specifically, and in as much detail as practicable, identify the
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potential claim. This requirement shall be strictly applied. Any document that discusses an
event, but does not expressly and conspicuously state that the Contractor is giving notice of a
claim pursuant to this Section 22 of these documen:~~all not constitute valid notice under this
Article. Any notice that is delivered ~¿h:!~ days are event that gives rise to the
claim shall not be valid. ~d. \~ . () A
f, n. 1« .'('1 ¡vl'tf I( (
Disputed Progress Payment Requests. If the CITY disputes in writing pursuant to this
Contract that construction work required for any payment has progressed to the deliverables
under this Contract, or disputes any pay request by the Contractor, then a dispute notice from the
CITY shall include the CITY's reason for such dispute in detail reasonably available to the
CITY. After receiving such a dispute notice, the Contractor may make the necessary corrections
and resubmit a certified request for payment to the CITY or the CITY may agree to a revised
amount, requisition or estimate, in which case Contractor shall be entitled to payment.
If Contractor is unable to reach agreement with the CITY as to the progress of work,
Contractor may exercise its right to dispute resolution pursuant to this Article. Contractor shall
not be entitled to payment of the amount so invoiced and disputed except upon resolution of the
dispute in accordance with this Article. Contractor shall continue the construction work while
the dispute is being resolved, without any stoppage, slowdown, suspicious delay or interruption
of any kind whatsoever.
Dispute Resolution Process. All claims, disputes and other matters in question between the
CITY and Contractor arising out of, or relating to, this Agreement or its performance or breach
shall be resolved in accordance with the following procedures as set forth below: (a) negotiation,
(b) mediation, and ( c) judicial resolution.
Negotiation. The CITY and the Contractor acknowledge the benefits of resolving, or attempting
to resolve, all disputes by negotiation between themselves, without resort to any third parties,
and agree therefore to negotiate in a good faith to resolve all disputes before invoking any other
method of dispute resolution as provided for in this Agreement, provided, however, that the
period of time for good faith negotiations shall not exceed fourteen (14) days, unless longer
period is agreed to in writing by the Parties which agreement shall not be unreasonably withheld.
Initial Dispute Resolution. If a dispute cannot be settled through direct discussions, the parties
may submit the dispute to a mutually acceptable neutral third party for non-binding mediation
before resorting to litigation. The location of the mediation shall be in Lake County Florida.
The parties agree to conclude or terminate such mediation within thirty (30) days of the selection
of a mediator. The cost of the services of the mediator shall be shared on a 50%/50% basis
between the CITY and the Contractor.
Judicial Review. If the parties are unable to reach a resolution of any dispute by direct
discussion or mediation, jurisdiction to resolve the dispute shall rest with the Circuit Court in
and for Lake County, Florida. There shall be no arbitration of claims arising out of this
Agreement. The Contractor agrees to include within its contracts with all subcontractors and
suppliers a parallel provision prohibiting arbitration of claims and requiring that any litigation
concerning this Agreement or the Work shall be maintained in the Circuit Court of Lake County.
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ARTICLE 23 - FEDERAL REQUIREMENTS
In the event this contract is paid in whole or in part from any federal government agency or
source, the specific terms, regulations and requirements governing the disbursement of these
funds shall be specified herein and become a part of this '2lause.
All contracts in excess of one hundred thousand dollars ($100,000) shall comply with all the
requirements of Section 114 of the Clean Air Act (42 USC 7401 et seq.) as amended and Section
308 of the Federal Water Pollution Control Act (33 USC 1251 et seq.) as amended.
ARTICLE 24 - MISCELLANEOUS
Whenever any provision of the Contract Documents requires the giving of written notice, it shall
be deemed to have been validly given if delivered in person to the individual, to a member of the
firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by
registered or certified mail (postage prepaid) to the last business address known to the CITY.
All Specifications, Drawings and copies thereof furnished by the CITY shall remain its property.
They shall not be used on another Project and, with the exception of those sets which have been
signed in connection with the execution of the Contract, shall be returned to the CITY upon
completion of the Work.
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder, and, in particular but without limitation, the warranties, guarantees and
obligations imposed upon the Contractor and the rights and remedies available to the CITY
thereunder shall be in addition to and not a limitation of any otherwise imposed or available by
law, by special guarantee or other provisions of the Contract Documents.
Should the CITY or the Contractor suffer injury or damage to its person or property because of
any error, omission or act of the other or of any of his employees, agents or others for whose acts
he is legally liable, claim should be made in writing to the other party within a reasonable time of
the first observance of such injury or damage.
This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the provisions of this Contract will be held in Lake County, Florida.
The obligations of the CITY of Clermont under this award are subject to the availability of funds
lawfully appropriated for its purpose by the State of Florida and the CITY Council.
F.28
ó2. .
This Instrument Prepared By:
Name McCree. Inc.- Heather Dufresne (2020)
Address SOO E. Princeton St.
Orlando. FL 32803
.
þ1{(
For Clerk's Use Only
. Permit No.
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5. .
6.
7.
8.
..
B2001-120671
Tax Folio No.
NOTICE OF COMMENCEMENT
STATE OF Florida
COUNTY OF Lake
THE UNDERSIGNED hereby gives notice that improvement will be made to certain real property, and in
accordance with Chapter 713, Florida Statu(:s, the following information is provided in this Notice of
Commencement.
1.
Description of property: (legal description of property, and street address if available.)
685 W. Montrose Street, Clelmont, Florida
General description of improvement:
Construction of a New Clermont City Hall 1111111 III II III II 111/1111 II 1111111111 /11" 11111 III II 11111111
2.
3.
CFN 2002069717
Bk 02137 Pg 1217;
DATE: 07/02/2002
JAMES C. WATKINS,
LHK£ COUNtY
RECOfdlING FH S :>.00
flìU:ìT FU/4D 1.00
( 1 pg )
12:21 :20 PM
CLERK OF COURT
Owner information
a. Name and address:
City of Clermont
One W'estgate Plaza
Clermont, Florida 32711
b. Interest in property:
Fee Simple
STATE OF FLORIDA COUNTY OF LAKE
, HEREBY CERTIFY that the above and
foregoing Is a true copy of the orfglnal ftIed
In thIs office.
JAMESC. WATKINS, ClarkClrcuJtCourt
~~~
Oat ì ~ ':l-
c. Name and address of fee simple title holder (if other than owner):
4.
Contractor: (name and address)
McCree, Inc.
500 E. Princeton Street
Orlando, FL 32803
In addition to himself, Owner designates the following person(s) to receive a copy of the Lienor's Notice
as provided in Section 713.13(1)(b), Florida Statutes: (name and address)
McCree, Inc. 500 E. Princeton Stre(~t Orlando, FL 32803
Expiration date of notice of commenc(:ment (the expiration date is 1 year from the date of recording
unless a different date is specified) ~.
Sworn to and subscribed before me .
\
- - this - f--k.. day .1 ~- . ,2OUL...' - (Signa e ' f bwner) - - . -
Owner's Name V\f í~YI\1./.~Ut1dP1"':>/C.l I-y /1&int>l~.vL
. # I r.¡ est'!1(Ï\.+-~ ?I '-\4 J
é. Owner's Address e/~,r1V\.ð I-\....f- FL ~4-' II
.::;rLAMt.Ln-l..--- .
.Signature of Notary Public)
Notary's Name I ~~'-f..SC1
Notary's Commission Expires: (J lJ . 2..5 - OL/
ALL INFORMATION MUST BE TYPED OR PRINTED LEGIBLY TO COMPLY WITH RECORDING REQUIREMENTS.
'-:r.V""'", 1ëRESA 81\JDDARD
I!~~~ MY COMMISSION # CC 948213
. \. .: ¡ EXPIRES: June 25.2004
~~:u\t'."" BondodThruNOlaryPWIlcUndtlWdli1l
'n;,,¡~