Contract 2022-009ADocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
AGREEMENT NO. 2022-009 FOR
CONSTRUCTION OF PUBLIC WORKS OPERATIONS FACILITY
THIS AGREEMENT, is made and entered into this 8 day of February 2022,
by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the
laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida,
(hereinafter referred to as "OWNER"), and Johnson-Laux Construction, LLC., whose
address is: 650 Garden Commerce Parkway, Suite 100, Winter Garden, FL 34787
(hereinafter referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE 1— SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools,
apparatus and transportation and perform all of the work described in the specifications
entitled:
RFB NO. 22-002 titled Construction of Public Works Operations Facility - Rebid,
as prepared by OWNER and its agents shall do everything required by this Contract and
the other Contract Documents contained in the specifications, which are a part of these
Documents.
ARTICLE 2 — THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR, for the faithful performance of the
Contract, in lawful tender of the United States, and subject to addition and deductions as
provided in the Contract Documents, the Price Schedule, attached hereto and incorporated
herein as Exhibit "A". The total contract sum shall not exceed THIRTEEN MILLION,
FIVE HUNDRED NINETY ONE THOUSAND, EIGHT HUNDRED SIXTY-SEVEN
EIGHT DOLLARS AND 00/100 CENTS ($13,591,878.00).
ARTICLE 3 — COMMENCEMENT AND COMPLETION OF WORK
3.1. The CONTRACTOR shall commence work within ten (10) calendar days after
receipt of (i) Notice to Proceed, (ii) Purchase Order and (iii) receipt of all permits
required to perform the work, and the CONTRACTOR will substantially complete
the same within FOUR HUNDRED FIFTY FIVE (455) calendar days, unless the
period for completion is extended otherwise by the CONTRACT DOCUMENTS.
Substantial Completion as provided herein shall be the day the project or designated
portion thereof is certified by the OWNER's Architect/Engineer as sufficiently
complete, in accordance with the Contract Documents, so the OWNER can occupy
or utilize the work or designated portion thereof for the use for which it is intended.
DocuSign Envelope ID: F4D37E01-40CB-46A3-BOC3-77F3F6CCC83A
Final Completion shall be THIRTY (30) calendar days thereafter.
3.2. The CONTRACTOR shall prosecute the work with faithfulness and diligence.
3.3. The CONTRACTOR further declares he has examined the project site and that
from personal knowledge and experience has made sufficient investigations to fully
satisfy himself that such site is correct and suitable for the work and he assumes
full responsibility therefore. The provisions of this Contract shall control any
inconsistent provisions contained in the specifications. All Drawings and
Specifications have been read and carefully considered by the CONTRACTOR,
who understands the same and agrees to their sufficiency for the work to be done.
It is expressly agreed that under no circumstances, conditions or situations shall this
Contract be more strongly construed against the OWNER than against the
CONTRACTOR and his Surety.
Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be
interpreted and construed by the OWNER's designated Project Manager after
consultation with the Project Architect, and the OWNER's Project Manager's
decision shall be final and binding upon all parties, provided the OWNER agrees.
It is distinctly understood and agreed that the passing, approval and/or acceptance
of any part of the work or material by the OWNER or by any agent or representative
as in compliance with the terms of this Contract and/or of the Drawings, Plans and
Specifications covering said work shall not operate as a waiver by the OWNER of
strict compliance with the terms of this Contract and/or the Drawings and
Specifications covering said work; and the OWNER may require the
CONTRACTOR and/or his Surety to repair, replace, restore and/or make to comply
strictly and in all things with this Contract and the Drawings and Specifications any
and all of said work and/or materials which within a period of one year from and
after the date of the passing, approval, and or acceptance of any such work or
material, are found to be defective or to fail and in any way to comply with this
Contract or with the Drawings and Specifications. This provision shall not apply to
materials or equipment normally expected to deteriorate or wear out and become
subject to normal repair and replacement before their condition is discovered. The
CONTRACTOR shall not be required to do normal maintenance work under the
guarantee provisions. Failure on the part of the CONTRACTOR and/or his Surety,
immediately after Notice to either, to repair or replace any such defective materials
and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the
same and recover the reasonable cost of such replacement and/or repair from the
CONTRACTOR and/or his Surety, who shall in any event be jointly and severally
liable to the OWNER for all damages, loss and expense caused to the OWNER by
reason of the CONTRACTOR'S breach of this Contract and/or his failure to comply
strictly and in all things with this Contract and/or his failure to comply strictly and
in all things with this Contract and with the Drawings and Specifications.
3.4. As -built drawings, warranties acceptable to OWNER must be submitted to the
OWNER before final payment will be made to the CONTRACTOR.
2
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
ARTICLE 4 — AUTHORIZED REPRESENTATIVES
4.1. Before starting work, CONTRACTOR shall designate a competent, authorized
representative acceptable to OWNER to represent and act for CONTRACTOR and
shall inform OWNER in writing, of the name and address of such representative
together with a clear definition of the scope of his authority to represent and act for
CONTRACTOR and shall specify any and all limitations of such authority. At the
Pre -construction Conference, CONTRACTOR shall provide resumes of key
personnel for OWNER's approval. CONTRACTOR shall keep OWNER informed
in writing pursuant to the notice requirements provided herein of any subsequent
changes in the foregoing. Such representative shall be present or duly represented
at the site of work at all times when work is actually in progress.
4.2. From the time of execution of the Contract, the OWNER shall have the right to
remove the CONTRACTOR's representative from the project for inappropriate
behavior including, but not limited to, lack of concern for residents, or acting in an
unprofessional manner (i.e. argumentative with residents or OWNER's
representative and the use of foul language).
4.3. All notices, determinations, instructions and other communications given to the
authorized representatives of the CONTRACTOR shall be binding upon
CONTRACTOR. Nothing contained herein shall be construed as modifying the
CONTRACTOR's duty of supervision and fiscal management as provided for by
Florida law.
4.4. The OWNER shall designate a Project Manager who will have limited authority to
act for the OWNER. The OWNER will notify the CONTRACTOR in writing of
the name of such representative(s). Any other City employees are not authorized
OWNER representatives and any work performed by the CONTRACTOR without
proper written authorization from the Project Manager as approved by OWNER, is
performed at the CONTRACTOR's risk, and the City shall have no obligation to
compensate the CONTRACTOR for such work.
ARTICLE 5 — LAWS AND REGULATIONS
5.1. CONTRACTOR and its employees and representatives shall at all times comply
with all applicable laws, codes, ordinances, statutes, rules or regulations in effect at
the time work is performed under this Contract.
5.2. If, during the term of this Contract, there are any changed or new laws, ordinances
or regulations not known or foreseeable at the time of signing this Contract which
become effective and which affect the cost or time of performance of the Contract,
CONTRACTOR shall immediately notify OWNER in writing and submit detailed
documentation of such effect in terms of both time and cost of performing the
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
Contract. Upon concurrence by OWNER as to the effect of such changes, an
adjustment in the compensation and/or time of performance will be made, if
applicable.
5.3. If any discrepancy or inconsistency should be discovered between the Contract and
any law, ordinance, regulation, order or decree, CONTRACTOR shall immediately
report the same in writing to OWNER who will issue such instructions as may be
necessary. However, it shall not be grounds for a Change Order that the
CONTRACTOR was unaware of or failed to investigate the rules, codes,
regulations, statutes, and all ordinances of all applicable governmental agencies
having jurisdiction over the Project or the work.
ARTICLE 6 — CODE RELATED INSPECTIONS
The CONTRACTOR recognizes that the City of Clermont is the governing jurisdiction
charged with the inspection of improvements to real property for code compliance and the
improvements to be made by the CONTRACTOR pursuant to this contract may be subject
to inspection by City of Clermont or its agents. The CONTRACTOR agrees that it will not
assert, as a City -caused delay or as a defense of any delay on the part of the
CONTRACTOR, any good faith action or series of actions on the part of the City or its
agents with regard to inspections, including, but not limited to the refusal to accept any
portion of the CONTRACTOR's work.
ARTICLE 7 — VALUE ENGINEERING
Contractor may request substitutions of materials, articles, pieces of equipment or any
changes that reduce the contract price by making such request to the Project Manager and
Project Architect/Engineer in writing. The Project Manager and Project Architect/Engineer
will be the sole judge of acceptability, and no substitute will be ordered, installed, used or
initiated without Project Manager and Project Architect/Engineer prior written acceptance
which will be evidence by a City issued Change Order. However, any substitution accepted
by Project Manager and Project Architect/Engineer shall not result in any increase in the
contract price or contract time. By making a request for substitution, the Contractor agrees
to pay directly to the Project Architect/Engineer fees and charges related to the Project
Architect/Engineer review of the request for substitution, whether or not the request for
substitution is accepted by the Project Architect/Engineer. The successful respondent also
agrees to pay for any additional required design and/or permitting fees necessitated by the
proposed changes. Any substitution submitted by the Contractor must meet the form, fit,
function and life cycle criteria of the item proposed to be replaced and there must be a net
dollar savings including Project Architect/Engineer review fees and charges. If a
substitution is approved, the net dollar savings shall be shared equally between the
successful respondent and City and shall be processed as a deductive Change Order. The
City may require the Contractor to furnish, at their expense, a special performance
guarantee or other surety with respect to any substitute approved after award of the
contract.
2
DocuSign Envelope ID: F4D37E01-40CB-46A3-BOC3-77F3F6CCC83A
ARTICLE 8 — PARTIAL AND FINAL PAYMENTS
In accordance with the provisions fully set forth in the Bid Documents and General
Conditions, and subject to additions and deductions as provided, the OWNER shall pay the
CONTRACTOR as follows:
8.1. CONTRACTOR shall submit a progress payment request by the twentieth (20th)
day of each calendar month for work performed during the current calendar month,
projected through the 25th. At any time, the OWNER shall have the right as a
condition of making a partial payment hereunder, to require CONTRACTOR to
submit evidence satisfactory to the OWNER that all payrolls, material bills and
other costs incurred by the CONTRACTOR in connection with the subject progress
payment request have been paid in full. Upon OWNER's signature accepting the
PARTIAL PAYMENT AUTHORIZATION, the OWNER shall make a partial
payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a
duly certified and approved estimate by the OWNER and the Architect, for work
performed during the preceding calendar month under the Contract. To insure
proper performance of the Contract, the OWNER shall retain five percent (5%) of
the amount of each estimate until final completion and acceptance of all work
covered by the Contract.
8.2. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER
that all payrolls, material bills and other costs incurred by the CONTRACTOR in
connection with the construction of the work have been paid in full, and also, after
all guarantees that may be required in the Specifications have been furnished and
are found acceptable by the OWNER, final payment on account of this Agreement
shall be made within thirty (30) calendar days after completion of all work by the
CONTRACTOR covered by this Agreement and acceptance of such work by the
OWNER.
ARTICLE 9 — LIQUIDATED DAMAGES
It is mutually agreed that time is of the essence in regard to this Agreement. Therefore,
notwithstanding any other provision contained in the Contract Documents, should the
CONTRACTOR fail to complete the work within the specified time as set by the Notice to
Proceed, or any authorized extension thereof, CONTRACTOR shall pay to OWNER the
sum of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500) per calendar day as
fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified
time date for beneficial occupancy (substantial completion) and/or final completion; which
sum shall represent the damages sustained by the OWNER, and shall be considered not as
a penalty, but in liquidation of damages sustained. Contractor shall pay the liquidated
damages amount contained herein. NOTE: Not necessary, this would come out of contract
balance. Contractors pay applications would be reduced to cover anticipated liquidated
damages.
5
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
ARTICLE 10 — ADDITIONAL BONDS
It is further mutually agreed between the parties hereto that if, at any time after the
execution of this Agreement and the Surety Bonds hereto attached for its faithful
performance and payment of labor and materials, the OWNER shall deem the Surety or
Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be
adequate to cover the performance and payments of the work, the CONTRACTOR shall,
at his expense, and within seven (7) days after receipt of Notice from the OWNER to do
so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be
satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall
be deemed due under this Agreement until such new or additional security for the faithful
performance and for payment of labor and materials of the work shall be furnished in
manner and form satisfactory to the OWNER.
ARTICLE 11— DISPUTE RESOLUTION - MEDIATION
11.1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
11.2. The OWNER and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
11.3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is
mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement Agreements in any court having jurisdiction thereof.
ARTICLE 12 — INSURANCE AND INDEMNIFICATION RIDER
12.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and
maintain during the life of this Agreement Worker's Compensation Insurance for
all his employees connected with the work of this Project and, in case any work is
sublet, the CONTRACTOR shall require the subcontractor similarly to provide
Worker's Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such
insurance shall comply with the Florida Worker's Compensation Law. In case any
class of employees engaged in hazardous work under this contract at the site of the
Project is not protected under the Worker's Compensation statute, the
CONTRACTOR shall provide adequate insurance, satisfactory to the OWNER, for
the protection of employees not otherwise protected.
12.2. Contractor's Public Liability and Property Damage Insurance — The Contactor shall
71
DocuSign Envelope ID: F4D37E01-40CB-46A3-BOC3-77F3F6CCC83A
take out and maintain during the life of this Agreement Comprehensive General
Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as
claims for property damages which may arise from operating under this Agreement
whether such operations are by itself or by anyone directly or indirectly employed
by it, and the amount of such insurance shall be minimum limits as follows:
(a) Contractor's Comprehensive General, $1,000,000 Each ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property
Damage Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury &
Property Damage Occurrence, Combined Single Limit
(c) Excess Liability, Umbrella Form $1,000,000 Each Occurrence, Combined
Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall
be amended to provide coverage on an occurrence basis.
12.3. Contractual Liability Work Contracts — The Contractor's Liability Policy shall
include Contractual Liability Coverage designed to protect the CONTRACTOR for
contractual liabilities assumed by the CONTRACTOR in the performance of this
Agreement.
12.4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR shall
indemnify and hold harmless the OWNER, Architect/Engineer Bentley
Architects + Engineers, Inc., its agents and employees from and against all
claims, damages, losses and expenses, including but not limited to attorney's
fees, arising out of or resulting from the performance of the Work, provided
that any such claim, damage, loss or expense (1) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the Work itself), and (2) is caused in whole or in part
by any negligent act or omission of the CONTRACTOR, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable. Such obligation shall not be construed to
negate, abridge, or otherwise reduce any other right to obligation of
indemnity which would otherwise exist as to any party or person described
in this Section.
(b) In any and all claims against the OWNER and Architect/Engineer Bentley
Architects + Engineers, Inc. or any of its agents or employees by any
employee of the CONTRACTOR, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them
may be liable, the indemnification obligations under this Paragraph shall
not be limited in any way by any limitation on the amount or type of
7
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
damages, compensation or benefits payable by or for the CONTRACTOR
or any subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the OWNER for the indemnification
provided herein.
12.5. Builder's Risk Coverage — The CONTRACTOR shall take out and maintain during
the life of this Agreement a "Builder's Risk Policy" completed value form, issued
to provide coverages on an "all risk" basis including theft. This coverage shall not
be lapsed or canceled because of partial occupancy by the OWNER prior to final
acceptance of the Project. The OWNER may elect to take out and maintain this
insurance coverage. Should the OWNER purchase said insurance, the insurance
policy shall have a deductible for each occurrence of $5,000.00. The
CONTRACTOR shall be responsible for losses up to the amount of the deductible.
ARTICLE 13 — TAXES
13.1. CONTRACTOR shall pay all taxes, levies, duties and assessments of every nature
that may be applicable to any work under this Contract. The Contract Sum and any
agreed variations thereof shall include all taxes imposed by law. CONTRACTOR
shall make any and all payroll deductions required by law. CONTRACTOR herein
indemnifies and holds the OWNER harmless from any liability on account of any
and all such taxes, levies, duties, assessments and deductions. Such indemnification
shall be in accordance with the terms and conditions of the Indemnification
provisions provided herein.
13.2. OWNER and CONTRACTOR hereby acknowledge that OWNER is a tax-exempt
entity. Where applicable, and so directed by the OWNER, the OWNER reserves
the right to implement, at its convenience, a tax exemption program to buy selected
materials and place the tax savings in line item contingency.
ARTICLE 14 — SUCCESSORS, ASSIGNS AND ASSIGNMENT
The OWNER and the CONTRACTOR each bind itself, its officers, directors, qualifying
agents, partners, successors, assigns and legal representatives to the other party hereto and
to the partners, successors, assigns and legal representatives of such other party in respect
to all covenants, Agreements and obligations contained in the Contract. It is agreed that the
CONTRACTOR shall not assign, transfer, convey or otherwise dispose of the contract or
its right, title or interest in or to the same or any part thereof, or allow legal action to be
brought in its name for the benefit of others, without previous consent of the OWNER and
concurred to by the sureties.
N.
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
ARTICLE 15 — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Johnson-Laux Construction, LLC.
650 Garden Commerce Parkway, Suite 100
Winter Garden, FL 34787
Attn: Kevin Johnson, Vice President
OWNER: City of Clermont
Attn: Susan Dauderis, Interim City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE 16 — OPTIONAL TERMINATION
16.1. OWNER may, at its option, terminate the Contract, in whole or in part, at any time
by written notice thereof to CONTRACTOR, whether or not CONTRACTOR is in
default. Upon any such termination, CONTRACTOR hereby waives any claims for
damages from the optional termination, including loss of anticipated profits, on
account thereof, but as the sole right and remedy of CONTRACTOR, OWNER
shall pay CONTRACTOR in accordance with Subparagraphs below, provided,
however, that those provisions of the Contract which by their very nature survive
final acceptance under the Contract shall remain in full force and effect after such
termination.
16.2. Upon receipt of any such notice, CONTRACTOR and its Surety shall, unless the
notice requires otherwise:
(a) Immediately discontinue work on the date and to the extent specified in the
notice;
(b) Place no further orders or subcontracts for materials, services, or facilities,
other than as may be necessary or required for completion of such portion
of work under the Contract that is not terminated;
(c) Promptly make every reasonable effort to obtain cancellation upon terms
satisfactory to OWNER of all orders and subcontracts to the extent they
relate to the performance of work terminated or assign to OWNER those
orders and subcontracts and revoke Agreements specified in such notice;
(d) Assign all Subcontracts required for performance of this Contract to the
9
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
OWNER. In anticipation of such a remedy, the CONTRACTOR shall
include in all Subcontracts, equipment leases and purchase order, a
provision requiring the subcontractor, equipment lessor or supplier, to
consent to the assignment of their Subcontract to the OWNER and to agree
to the greatest extent possible to cooperate with the OWNER;
(e) Assist OWNER, as specifically requested in writing, in the maintenance,
protection and disposition of property acquired by OWNER under the
Contract; and
(f) Complete performance of any work that is not terminated.
16.3. Upon any such termination, OWNER will pay to CONTRACTOR an amount
determined in accordance with the following (without duplication of any item):
(a) All amounts due and not previously paid to CONTRACTOR for work
completed and accepted in accordance with the Contract prior to such
notice, and for work thereafter completed as specified in such notice.
(b) The reasonable cost of settling and paying claims arising out of the
termination of work under subcontracts or orders as provided above.
(c) The verifiable costs incurred as set forth above.
(d) Any other reasonable costs which can be verified to be incidental to such
termination.
16.4. The foregoing amounts will include a reasonable sum, under all of the
circumstances, as profit for all work satisfactorily performed by CONTRACTOR.
16.5. CONTRACTOR shall submit within thirty (30) days after receipt of notice of
termination, a proposal for an adjustment to the contract price including all incurred
costs described herein. OWNER shall review, analyze, and verify such proposal,
and negotiate an equitable adjustment, and the Contract shall be amended in writing
accordingly.
ARTICLE 17 — MISCELLANEOUS
17.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret
any provision of this Agreement, each party shall bear its own attorney fees.
17.2. Waiver — The waiver by OWNER of breach of any provision of this Agreement
shall not be construed or operate as a waiver of any subsequent breach of such
provision or of such provision itself and shall in no way affect the enforcement of
any other provisions of this Agreement.
10
DocuSign Envelope ID: F4D37E01-40CB-46A3-BOC3-77F3F6CCC83A
17.3. Severability — If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
17.4. Amendment — Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
17.5. Entire Agreement — This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
17.6. Assi_ng ment — Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
17.7. Venue — The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
17.8. Applicable Law — This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
17.9. Public Records — Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
11
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE 18 — CONTRACT DOCUMENTS
The Contract Documents, as stated in the Instructions to Bidders and herein made a part,
are as fully a part of this Contract as if herein repeated.
Document Precedence:
18.1. Contract Agreement
18.2. Specifications for RFB 22-002, Construction of Public Works Facility - Rebid
dated September 17, 2021, including all addenda.
18.3. Plans for RFB 22-002, Construction of Public Works Facility - Rebid drawings
dated September, 2021, including all addenda.
18.4. All documents contained in RFB No. 22-002, titled Construction of Public Works
Facility - Rebid and CONTRACTOR's response thereto including the Request for
Bid and bid guarantee, if any.
18.5. Payment and Performance Bonds
12
DocuSign Envelope ID: F4D37E01-40CB-46A3-BOC3-77F3F6CCC83A
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this8 day of February , 2022.
CITY OF CLERMONT
Docu Signed by:
_9RA79P9F75RC4Q9 DS
Tim Murry, Mayor
ATTEST:
ETDocuSigned by:
��y
3AD7F34905B344A...
Tracy Ackroyd Howe,
13
DocuSign Envelope ID: F4D37E01-40CB-46A3-BOC3-77F3F6CCC83A
JOHNSON-LAUX CONSTRUCTION, LLC.
I DocuSigned by:
i t v�iln ,�6LWS&'
B`7: 11F0207F04764EE...
(Signature)
Print Name: Kevin Johnson
Title: Vice President
Date: 2/9/2022
14
DocuSign Envelope ID: F4D37E01-40CB-46A3-BOC3-77F3F6CCC83A
EXHIBIT "A"
REVISED SECTION - C
PRICE SCHEDULE
Final Completion Lump Sum Price: (as per construction documents)
(Words)
Thirteen million five hundred ninety one thousand eight hundred seventy eight
(Figures) $
13,591,878
Contractor's Days to Substantial Completion:
455
Calendar Days.
Not to exceed: Three HURdTed-Sixty Five Four Hundred Fifty Five (365 455) calendar
days from Notice To Proceed to Substantial Completion. Final completion not to exceed
Thirty (30) calendar days thereafter.
Deductive Alternates:
Deductive Alternate 1: Drive-Thru Vehicle Wash ............... $-131,779
Provide lump sum amount to be deducted from the base bid for a drive-thru vehicle wash
as indicated in AA-002 of Drawings and Technical Specifications.
Deductive Alternate 2: Covered Parking Structures........... $
-659,583
Provide lump sum amount to be deducted from the base bid for covered parking
structures as indicated in AA-002 of Drawings and Technical Specifications.
Deductive Alternate 3: Fuel Tank Relocation ...................... $
-73,693
Provide lump sum amount to be deducted from the base bid for fuel tank relocation as
indicated in AA-002 of Drawings and Technical Specifications.
Deductive Alternate 4: Pre -Wash Facility ............................ $
332,812
Provide itemized cost for the pre -wash facility. Total amount to be deducted from the
base bid for pre -wash facility as indicated in AA-002 of Drawings and Technical
Specifications.
RFB No: 22-002
Page 23 of 64
DocuSign Envelope ID: F4D37E01-40CB-46A3-BOC3-77F3F6CCC83A
SECTION - C
PRICE SCHEDULE
By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is
acting in an authorized capacity to execute this response. The respondent also certifies that it can and will provide and
make available, at a minimum, the items set forth in this solicitation.
Company Name (print): Johnson-Laux Construction, LLC
Street Address: 650 Garden Commerce Parkway, Suite 100 Winter Garden, FI 34787
Mailing Address (if different): Same
Telephone: (407)770-2180 Fax: (407)770-2181
Email: kevin@johnson-laux.com Payment Terms: % days, net 30
FEIN: 59 - 3674291 Professional. License No.: CGC1518236
Signature: K.P.VEVn� Date: 11/12/2021
Print Name: Kevin Johnson Title: Vice President
Does the respondent accept payment using the City's MASTERCARD? x❑ Yes ❑ No
END OF SECTION - C
RFB No: 22-002
Page 24 of 64
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
n
CLERMONT
Choice of Champions
FREDDY L. SUAREZ
Purchasing Director
Purchasing Department
352-241-7350
fsuarez@clermontf1.org
ADDENDUM 1 — October 7, 2021
RFB 22-002 — Construction of Public Works Operations Facility - Rebid
The following represents clarification, additions, deletions and/or modifications to the above
reference bid. This addendum shall hereafter be regarded as part of the bid.
• Change to Section C, Price Schedule:
Not to exceed: Three ;GIred Sixty Five Four Hundred Fifty Five (365 455) calendar days from
Notice To Proceed to Substantial Completion. Final completion not to exceed Thirty (30) calendar
days thereafter. See attached revised Section C.
Project soil report is being provided as part of this addendum.
• Change to Section D, Evaluation Process, 2 — Minimum Experience and Qualifications
2.1 Respondents must have been in continuous practice under the same corporate entity for a
minimum of teR (10) eight (8) years from the date this RFB is issued; must be certified
General Contractors licensed by the State of Florida; have a resident office in Florida and
shall comply with all federal, state and local laws, rules, practices and regulations.
• Additional information on existing fuel tanks is being provided in response to question #46.
END OF ADDENDUM 1
This addendum form must be acknowledge and MUST be returned with your solicitation. All other terms,
conditions and specifications remain unchanged for RFB 22-002.
Johnson-Laux Construction, LLC
Name of Company
K.evl, Iohvusov�
Signature
Kevin Johnson
Typed/Printed Name
11/12/2021
Date
Vice President
Title
685 W. Montrose Street • Clermont, FL 34711 www.ClermontFL.gov
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
n
u
CLERMONT
Choice of Champions
FREDDY L. SUAREZ
Purchasing Director
Purchasing Department
352-241-7350
fsuarez@clermontfl.org
ADDENDUM 2 — October 20, 2021
RFB 22-002 — Construction of Public Works Operations Facility - Rebid
The following represents clarification, additions, deletions and/or modifications to the above
reference bid. This addendum shall hereafter be regarded as part of the bid.
• Change to Section C, Price Schedule includes removing the word "ADD" for each deductive
alternate. See attached revised Section C.
• Division 08 7100 — Door Hardware: Updated hardware due to product change in nomenclature.
• Division 14 0200 — Top Running Cranes: Heading to specification is updated.
• Retention pond as -built survey is being provided.
• Revisions to the following Architectural Drawings:
AA-107 Updated Equipment Schedule.
AA-303 Updated crane keynotes.
AA-402 Designation "PL-2" added adjacent to applicable keynotes for clarification.
AA-405 Updated cranes keynotes.
AA-406 Updated locker keynote for clarification.
AA-606 Updated Finish Schedule.
AA-607 Updated Finish Schedule.
AA-608 Added material finish items for Steel Bollards and Glass Fiber Reinforced Plastic
Panels.
AA-705 Oil Pit dimension clarifications.
AA-708 Concrete keynote updated to asphalt.
AA-710 Concrete keynote updated to asphalt.
DocuSign Envelope ID: F4D37E01-40CB-46A3-BOC3-77F3F6CCC83A
RFB 22-002 Addendum 2
Page 2 of 2
END OF ADDENDUM 2
This addendum form must be acknowledge and MUST be returned with your solicitation. All other terms,
conditions and specifications remain unchanged for RFB 22-002.
Johnson-Laux Construction, LLC
Name of Company
Kevi,v )oinswovL
Signature
Kevin Johnson
Typed/Printed Name
11 /12/2021
Date
Vice President
Title
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
n
u
CLERMONT
Choice of Champions
FREDDY L. SUAREZ
Purchasing Director
Purchasing Department
352-241-7350
fsuarez@clermontfl.org
ADDENDUM 3 — October 25, 2021
RFB 22-002 — Construction of Public Works Operations Facility - Rebid
The following represents clarification, additions, deletions and/or modifications to the above
reference bid. This addendum shall hereafter be regarded as part of the bid.
• Change to the bid Response Due Date:
New date/time is Friday, November 12, 2021 at 2:00 P.M.
• Change to Zoom Meeting bid opening:
https://us06web.zoom.us/j/82353024605?pwd=NTFuTVFl YIU2YzNka3dQTVtYWIRwdzO9
Meeting ID: 823 5302 4605
Passcode: 412860
END OF ADDENDUM 3
This addendum form must be acknowledge and MUST be returned with your solicitation. All other terms,
conditions and specifications remain unchanged for RFB 22-002.
Johnson-Laux Construction, LLC
Name of Company
ICevi v� j o k vLs o n
Signature
Kevin Johnson
Typed/Printed Name
11/12/2021
Date
Vice President
Title
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
n
u
CLERMONT
Choice of Champions
FREDDY L. SUAREZ
Purchasing Director
Purchasing Department
352-241-7350
fsuarez@clermontfl.org
ADDENDUM 4 — November 1, 2021
RFB 22-002 — Construction of Public Works Operations Facility - Rebid
The following represents clarification, additions, deletions and/or modifications to the above
reference bid. This addendum shall hereafter be regarded as part of the bid.
• Change to Division 28.31.11 — Digital, Addressable Fire -Alarm System has been added to the
project.
• Change to Architectural AA-608 — Updated Material Finish List
• Change to Structural:
AS-115 — Updated keynote no. 2
AS-120 — Extended continuous beam W14x61 to CL 5.9
AS-210 — Extended limits of elevation to show column at CL 5.9
AS-211 — Updated steel corbel reference sheet callout
AS-300 — Added light pole foundation section detail
AS-600 — Omitted detail 5, updated title of detail 6 & updated callout in detail 7
• Change to Plumbing AP 001:
a. Revised electric water heater diagram to include Aquastat and hot water recirculation pump.
b. Added In -Line Circulating Pump Detail
c. Added Hot Water Recirculation Pump Schedule
d. Added note to Electric Water Heater Schedule concerning time switch
• Change to Plumbing AP 103:
a. Revised General Note to include underground piping sleeves as well as all interconnecting
piping between the fluid holding tanks and the underground service pit.
• Change to Plumbing AP 201:
a. Revise floor plan to include hot water recirculation pump HWRP-1 and revised hot and cold
water piping layout to coordinate with the new hot water recirculation pump.
• Change to Plumbing AP 202:
a. Revise the Hot and Cold Water Riser Diagram to include the addition of the hot water
recirculation pump and associated piping.
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
RFB 22-002 Addendum 4
Page 2 of 3
• Change to Mechanical AM-101:
a. Added Reference Note 22 concerning the addition of ceiling mounted duct smoke detector
audio/visual alarm devices and test stations.
b. Added three (3) "AV" box graphics to the floor plan indicating general location of ceiling
mounted duct smoke detector audio/visual alarm devices and test stations.
• Change to Mechanical AM-401:
a. Removed Reference Note 10 and duct mounted smoke detector in detail 2/AM-401
(Enlarged Plan Mech Room 109).
• Change to Mechanical AM-501:
a. Revised rebar note in Concrete Note box that is part of detail 4/AM-501.
• Change to Mechanical AM-611:
a. Added "Typ 2" to the supply air duct mounted smoke detector graphic to demonstrate there
are two (2) supply smoke detectors for air handling unit AHU-1 to match the floor plan.
• Change to Mechanical AM-612:
a. Removed duct mounted smoke detector from Control Schematic.
b. Removed Smoke Detector shutdown from Typical Control Points List table.
• Change to Electrical AE-003:
a. Revised Metal Pole Base Detail note to include a reference to structural sheet AS-300.
• Change to Electrical AE-101:
a. Added Recirculating Pump and switch for disconnect.
b. Added junction box with 120V circuit for HVAC audio visual device.
c. Added reference notes 24 and 25.
• Change to Electrical AE-102:
a. Revised the circuit number for ice machine.
• Change to Electrical AE-601:
a. Revised circuits #109 and 111 in Panel A.
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov
DocuSign Envelope ID: F4D37E01-40CB-46A3-BOC3-77F3F6CCC83A
RFB 22-002 Addendum 4
Page 3 of 3
END OF ADDENDUM 4
This addendum form must be acknowledge and MUST be returned with your solicitation. All other terms,
conditions and specifications remain unchanged for RFB 22-002.
Johnson-Laux Construction, LLC
Name of Company
K.ey�v JohvLsovu
Signature
Kevin Johnson
Typed/Printed Name
11 / 12/2021
Date
Vice President
Title
685 W. Montrose Street • Clermont, FL 34711 www.ClermontFL.gov
DocuSign Envelope ID: F4D37EO1-40CB-46A3-BOC3-77F3F6CCC83A
CLERMONT
Choice of Champions
FREDDY L. SUAREZ
Purchasing Director
Purchasing Department
352-241-7350
fsuarez@clermontfl.org
ADDENDUM 5 — November 4, 2021
RFB 22-002 — Construction of Public Works Operations Facility - Rebid
The following represents clarification, additions, deletions and/or modifications to the above
reference bid. This addendum shall hereafter be regarded as part of the bid.
• This addendum is being issued to incorporate all the questions and answers provided in
Periscope S2G into the solicitation.
• Change to Architectural AA-107 — Update notes on Equipment Schedule
Change to Electrical AE-100 — Add the site electrical scope the following:
Add (3) Type FP lights at flagpole as shown on architectural Sheet AA-101. Mount lights 5 feet
from base of pole and connect the circuit Al 13 via LCP-1. Fixture Type must be equivalent to
Hydrel # LAF7 LED 80CRI 40K MVOLT 40DEF CWL KM CAJB CSL 2T GS. Provide 3/4 inch
conduit from LCP-1 to new lights and provide two (2) #12 and one (1) #12 ground wires in new
conduit.
END OF ADDENDUM 5
This addendum form must be acknowledge and MUST be returned with your solicitation. All other terms,
conditions and specifications remain unchanged for RFB 22-002.
Johnson-Laux Construction, LLC
Name of Company
Kev�wJohnsovw
Signature
Kevin Johnson
Typed/Printed Name
11/12/2021
Date
Vice President
Title