2011-71 CONTRACTOR AGREEMENT
FOR DEMOLITION SERVICES
THIS AGREEMENT, made and entered into this 2 111) day of t4 OVtt-1 KE R 2011,
A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "OWNER "), and CROSS CONSTRUCTION SERVICES,
INC. 25221 Wesley Chapel Blvd., Lutz, FL 33359 (hereinafter referred to as
"CONTRACTOR ").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools,
apparatus and transportation and perform all of the work described in the bid documents
and specifications entitled:
RFB 11 -020, Structural Demolition of City Property. 630 — 634 West Montrose Street.
as prepared by Owner and its agents shall do everything required by this Contract and the
other Contract Documents contained in the specifications, which are a part of these
Documents.
ARTICLE II - THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR, for the faithful performance of the
Contract as set forth in the contract documents and the Unit Price Schedule, attached
hereto and incorporated herein as Exhibit "A ", in lawful tender of the United States, the
total contract sum of SEVEN THOUSAND, FOUR HUNDRED THIRTY DOLLARS
($7,430.00).
ARTICLE III - COMMENCEMENT AND COMPLETION OF WORK
1. The CONTRACTOR shall commence work within 10 calendar days after receipt
of (i) Notice to proceed, and (ii) receipt of all permits required to perform the
work, and the CONTRACTOR will substantially complete the same within thirty
calendar days, unless the period for completion is extended otherwise by the
amendment or change order to the Contract. Substantial Completion as provided
herein shall be the day the project or designated portion thereof is certified and
accepted by the OWNER as sufficiently complete, in accordance with the
Contract Documents.
2. The CONTRACTOR shall prosecute the work with faithfulness and diligence.
3. The CONTRACTOR further declares he has examined the sites of the work and
that from personal knowledge and experience or that he has made sufficient
investigations to fully satisfy himself that such sites are correct and suitable for
the work and he assumes full responsibility therefore. The provisions of this
Contract shall control any inconsistent provisions contained in the specifications.
All Drawings and Specifications have been read and carefully considered by the
CONTRACTOR, who understands the same and agrees to their sufficiency for the
work to be done. It is expressly agreed that under no circumstances, conditions or
situations shall this Contract be more strongly construed against the 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 OWNERS Public Services Project Manager and
his decision shall be final and binding upon all parties.
It is distinctly understood and agreed that the passing, approval and/or acceptance
of any part of the work or material by the OWNER or by any agent or
representative as in compliance with the terms of this Contract and/or of the
Drawings, Plans and Specifications covering said work shall not operate as a
waiver by the OWNER of strict compliance with the terms of this Contract and /or
the Drawings and Specifications covering said work; and the OWNER may
require the CONTRACTOR and /or his Surety to repair, replace, restore and /or
make to comply strictly and in all things with this Contract and the Drawings and
Specifications any and all of said work and/or materials which within a period of
one year from and after the date of the passing, approval, and or acceptance of
any such work or material, are found to be defective or to fail and in any way to
comply with this Contract or with the Drawings and Specifications. This
provision shall not apply to materials or equipment normally expected to
deteriorate or wear out and become subject to normal repair and replacement
before their condition is discovered. The CONTRACTOR shall not be required to
do normal maintenance work under the guarantee provisions. Failure on the part
of the CONTRACTOR and/or his Surety, immediately after Notice to either, to
repair or replace any such defective materials and workmanship shall entitle the
OWNER, if it sees fit, to replace or repair the same and recover the reasonable
cost of such replacement and/or repair from the CONTRACTOR and /or his
Surety, who shall in any event be jointly and severally liable to the OWNER for
all damages, loss and expense caused to the OWNER by reason of the
CONTRACTOR'S breach of this Contract and/or his failure to comply strictly and
in all things with this Contract and/or his failure to comply strictly and in all
things with this Contract and with the Drawings and Specifications.
4. If required, As -built drawings and warranties acceptable to OWNER must be
submitted to the OWNER before final payment will be made to the
CONTRACTOR.
ARTICLE IV - LIQUIDATED DAMAGES
1. It is mutually agreed that time is of the essence in regard to this Contract.
Therefore, notwithstanding any other provision contained in the Contract
Documents, should the CONTRACTOR fail to complete the work within the
specified time as set by the Notice to Proceed, or any authorized extension
thereof, CONDUCTOR shall pay to OWNER the sum of TWO HUNDRED
FIFTY DOLLARS ($250.00) per calendar day as fixed, agreed and liquidated
damages for each calendar day elapsing beyond the specified time date; which
sum shall represent the damages sustained by the OWNER, and shall be
considered not as a penalty, but in liquidation of damages sustained. Contractor
shall pay the liquidated damages amount contained herein to Owner within fifteen
(15) days of receipt of Owner's written demand for such payment.
2. For the purposes of this Article, the day of final acceptance of the work shall be
considered a day of delay, and the scheduled day of completion of the work shall
be considered a day schedule for protection.
ARTICLE V - PARTIAL AND FINAL PAYMENTS
In accordance with the provisions fully set forth in the General Conditions, and subject to
additions and deductions as provided, the OWNER shall pay the CONTRACTOR as
follows:
1. CONTRACTOR shall submit a progress payment request by the third (3rd) day of
each calendar month for work performed during the preceding calendar month.
Upon CONTRACTOR's signature accepting the PARTIAL PAYMENT
AUTHORIZATION, the OWNER shall make a partial payment to the
CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved payment invoice by the OWNER for work performed during the
preceding calendar month under the Contract. To insure proper performance of
the Contract, the OWNER shall retain ten percent (10 %) of the amount of each
estimate until final completion and acceptance of all work covered by the
Contract.
2. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER
that all payrolls, material bills and other costs incurred by the CONTRACTOR in
connection with the construction of the work have been paid in full, and also, after
all guarantees that may be required in the Specifications have been furnished and
are found acceptable by the OWNER, final payment, including any retainage
amount, on account of this Contract shall be made within thirty (30) calendar days
after completion of all work by the CONTRACTOR covered by this Agreement
and acceptance of such work by the OWNER.
ARTICLE VI - ADDITIONAL BONDS
It is further mutually agreed between the parties hereto that if, at any time after the
execution of this Agreement and the Surety Bonds hereto attached for its faithful
performance and payment of labor and materials, the OWNER shall deem the Surety or
Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to
be adequate to cover the performance and payments of the work, the CONTRACTOR
shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER
to do so, furnish additional bonds, in such form and amounts, and with such Sureties as
shall be satisfactory to the OWNER. In such event, no further payment to the
CONTRACTOR shall be deemed due under this Agreement until such new or additional
security for the faithful performance and for payment of labor and materials of the work
shall be furnished in manner and form satisfactory to the OWNER.
ARTICLE VII — DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The Owner and Contractor shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The
mediation shall be held in the place where the Project is located, unless another
location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
ARTICLE VIII — INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The Contractor shall take out and
maintain during the life of this Agreement Worker's Compensation Insurance for all his
employees connected with the work of this Project and, in case any work is sublet, the
Contractor shall require the subcontractor similarly to provide Worker's Compensation
Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Contractor. Such insurance shall comply with the Florida
Worker's Compensation Law. In case any class of employees engaged in hazardous work
under this contract at the site of the Project is not protected under the Worker's
Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the
Owner, for the protection of employees not otherwise protected.
2. Contractor's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether
such operations are by itself or by anyone directly or indirectly employed by it, and the
amount of such insurance shall be minimum limits as follows:
(a) Contractor's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury & Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY
DAMAGE shall be amended to provide coverage on an occurrence basis.
3. Subcontractor's Public Liability and Property Damage Insurance - The
Contractor shall require each of his subcontractors to procure and maintain during the life
of this subcontract, insurance of the type specified above or insure the activities of his
subcontractors in his policy, as specified above.
4. Owner's and Contractor's Protective Liability Insurance - The Owner shall
procure and furnish an Owner's and Contractor's Protective Liability Insurance Policy
with the following minimum limits:
(a) Bodily Injury Liability & $1,000,000 each ($2,000,000 aggregate)
Property Damage Liability Occurrence
Combined Single Limit
5. "XCU" (Explosion, Collapse, Underground Damage) - The Contractor's
Liability Policy shall provide "XCU" coverage for those classifications in which they are
excluded.
6. Broad Form Property Damage Coverage, Products & Completed
Operations Coverages - The Contractor's Liability Policy shall include Broad Form
Property Damage Coverage, Products and Completed Operations Coverages.
7. Contractual Liability Work Contracts - The Contractor's Liability Policy
shall include Contractual Liability Coverage designed to protect the Contractor for
contractual liabilities assumed by the Contractor in the performance of this Agreement.
8. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the Contractor shall
indemnify and hold harmless the Owner and its agents and employees
from and against all claims, damages, losses and expenses, including
but not limited to attorney's fees, arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the
Work itself) , and (2) is caused in whole or in part by any negligent act
or omission of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by
a party indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or otherwise reduce any other right to obligation of
indemnity which would otherwise exist as to any party or person
described in this Article.
(b) In any and all claims against the Owner or any of its agents or
employees by any employee of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligations
under this Paragraph shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable
by or for the Contractor or any subcontractor under workers' or
workmen's compensation acts, disability benefit acts or other
employee benefit acts.
(c) The Contractor hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the Owner for the
indemnification provided herein.
ARTICLE IX - NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be
deemed given when received by the party to whom it is intended.
CONTRACTOR: Cross Construction Services, Inc.
25221 Wesley Chapel Blvd.
Lutz, FL 33559
Attn.: Tyler Lillibridge, Vice President
OWNER: City of Clermont
Attn: Wayne Saunders, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE X — MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret
any provision of this agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this agreement.
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,
or part thereof, shall be deleted or modified in such a manner as to make the
agreement valid and enforceable under applicable law, the remainder of this
agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by contractor.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by contractor, in whole or in part, without the prior written consent of
city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of
action arising out of this agreement shall be Lake County, Florida.
8. Applicable Law. This agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Records. Contractor expressly understands and acknowledges that any and all
documents related to the services provided herein, may be considered records that
are subject to examination and production in accordance with Florida's Public
Records Law. Contractor expressly agrees that it will comply with all
requirements related to said law and that it will hold city harmless for any such
disclosure related to Florida's Public Records Law.
ARTICLE XI - CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Contract as
if herein repeated.
Document Precedence:
1. Contract Agreement
2. Technical Plan and Specifications
3. All documents contained in RFB 11 -020, Structural Demolition of City Property
and CONTRACTOR's September 20, 2011 response thereto, including any all
addenda or amendments thereto.
4. Instructions to Bidders
5. Payment and Performance Bonds
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on this 2N P day of 1J oV en sea , 2011.
City of Clermont
Way -S a • ers, City Manager
Attest:
)
oyd, City Cler
Cross Constructs.:.
By: ' !.
Tyl- 4rer,.. President
Attest: A
wa..
Corporate Secretary
. J. 4 74 iv./ A..)
(Name Printed or Typed)
EXHIBIT "A"
Price Schedule
630 - 634 West Montrose Street - $7,430.00
Bond # 929537708
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable
CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)
Cross Construction Services Inc Westem Surety Company
25221 Wesley Chapel Blvd 101 S Phillips Ave
Lutz, FL 33559
Sioux Fails, SD 57104
(813) 907 -1013 (407) 919 - 3248
OWNER (Name and Address)
City of Clermont
685 W Montrose Street
Clermont, FL 34711
(352) 394-4081
CONSTRUCTION CONTRACT
Date November 2,2011
Amount Seven Thousand Four Hundred Thirty Dollars ($7 430 00) •
Description (Name and Location)
RFB # 11 -020 Structural Demolition of City Property 630 -634 West Montrose Street
BOND
Date (Not earlier than Construction Contract Date) November 16, 2011
Amoun -ven Thousand, Four Hundred Thirty Dollars ($7 430 00)
Mo. - cation - to this Bond None El5ee other side
C n NT' OR AS PRINCIP SURETY
• mpany Cross Construct' ervices Inc (Corporate Seal) Company Westem Surety Company , CCFporate'Seal) v ��4
t`' & sr t Signature dwl 'y� � •rs" oA ' t � kelp.
oseph W LoPresti, Attome ct Fibitdi Re51de Agent
I' aT6g•a� i d Title fosse1/ C-. �Res,v ALT Name and Title Brown 8 Brown of Flonda InC� o^4 155 ee FL 33684 `
77. / / (813) 226 - 1322 g• *V41
'+
• (FOR INFORMATION ONLY - Name, Address and Telephone)
,iet 'F`
- .4GENT or BROKER. OWNER'S REPRESENTATIVE (Architect, Engineer or other party)
Brown 8 Brown of Flonda, Inc
P 0 Box 15519, Tampa, FL 33684
(813) 226 - 1322
Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies
The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - December 1984 edition
Bond # 929537708
1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner
for the performance of the Construction Contract, which is incorporated herein by reference
2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate
in conferences as provided in Subparagraph 3 1
3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after
3 1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering
declanng a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later
than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor Default, and
3 2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract Such Contractor
Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3 1,
and
3 3 The Owner has agreed to pay the Balance of the Contract Pnce to the Surety in accordance with the terms of the Construction Contract or
to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner
4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following
actions
4 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract, or
4 2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors, or
4 3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence,
to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,
and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner
resulting from the Contractor's default, or
4 4 Waive its nght to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined, tender payment therefor to the Owner, or
2 Deny liability in whole or in part and notify the Owner citing reasons therefor
5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond
fifteen days after receipt of an additional wntten notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,
and the Owner shall be entitled to enforce any remedy available to the Owner If the Surety proceeds as provided in Subparagraph 4 4, and Owner
refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner
6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph
4 1, 4 2, or 4 3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract To the limit
of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Pnce to mitigation of costs and damages of the
Construction Contract, the Surety is obligated without duplication for
6 1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract,
6 2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act
of the Surety under Paragraph 4, and
6 3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
performance or non - performance of the Contractor
7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations No right of action shall accrue on this bond
to any person or entity other than the Owner or its heirs, executors, administrators or successors
8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations
9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part
of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within
two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph are void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable
10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page
11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond
and not as a common law bond
12 DEFINITIONS
12 1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction contract after all proper
adjustments have been made, including allowance to the Contractor or any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract
12 2 Construction Contract The agreement between the Owner and the Contractor identified on the signature page, including all Contract
Documents and changes thereto
12 3 Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the
terms of the Construction Contract
12 4 Owner Default Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction
Contract or to perform and complete or comply with the other terms thereof
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page )
Bond # 929537708
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable
CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)
Cross Construction Services Inc Westem Surety Company
25221 Wesley Chapel Blvd 101 S Philips Ave
Lutz, FL 33559 Sioux Falls, SD 57104
(813) 907 -1013 (407) 919 - 3248
OWNER (Name and Address)
City of Clermont
685 W Montrose Street
Clermont, FL 34711
(352) 394-4081
CONSTRUCTION CONTRACT
Date November 2, 2011
Amount Seven Thousand, Four Hundred Thirty Dollars ($7,430 00)
Description (Name and Location)
RFB # 11 -020, Structural Demolition of City Property 630 -634 West Montrose Street
BOND
Date (Not earlier than Construction Contract Date) November 16, 2011
Amount Seven Thousand, Four Hundred Thirty Dollars ($7,430 00)
Modifications to this Bond ®None a See other side
', CO TOR AS PRINCIPAL SURETY - Inc (Corporate Cross Construction S, �, a ,,
'' "C -- - orate Seal Company Westem Company > < 1,. 1�` . �0 ,
P ) P Y Surety P v (G� `A r $
v \ °• eyy ' �1
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� ,r Joseph W LoPresb, Attomey -In -Fact 8 hl oritda R d, e , \— g ent ■ l ' : 7
}.,► .. a Vrr N.� �b nd Ti 1� [[ E mgt/ �Ofvj Name and Title Brown 8 Brown of Florida, Inc P O Box , 355 . 19, Tanfp�1 :3g6V • .° I ,
•&�� - ' . J / (813) 226 - 1322 , °° . 0 � "
'f1' 01.,
`•. .4v INFORMATION ONLY - Name, Address and Telephone) °'
'ra,aar `' 1 A GENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party)
It Brown 8 Brown of Florida Inc
4 P O Box 15519, Tampa, FL 33684
(813) 226 - 1322
Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies
The language in this document conforms exactly to the language used in AIA Document A312 - Payment Bond - December 1984 Edition
a
Bond # 929537708
1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner
to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference
2 With respect to the Owner, this obligation shall be null and void if the Contractor
2 1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2 2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien
or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner
has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and
tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default
3 With respect to Claimants, this obligation shall be null and void it the Contractor promptly makes payment, directly or indirectly, for all sums due
4 The surety shall have no obligation to Claimants under this bond until
41 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy,
the amount of the claim
4 2 Claimants who do not have a direct contract with the Contractor
.1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last
performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and
the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed, and
2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any
communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly, and
3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Pargraph 12) and
sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous wntten
notice furnished to the Contractor
5 If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance
6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions
6 1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed
and the basis for challenging any amounts that are disputed
6.2 Pay or arrange for payment of any undisputed amounts
7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in
good faith by the Surety
8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims, it any, under any Construction Performance Bond By the Contractor furnishing and the Owner accepting this Bond, they agree
that all funds eamed by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work
9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract
The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond
10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations
11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the
work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph
4 1 or Clause 4 2 3, or (2) on which the last labor or service was performed by anyone or the last matenats or equipment were furnished by anyone
under the Construction Contract, whichever of (1) or (2) first occurs If the provisions of this Paragraph are void or prohibited by law, the minimum
period of limitation available to sureties as a defense in the junsdiction of the suit shall be applicable
12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page Actual receipt of
notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on
the signature page
13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond
and not as a common law bond
14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond
or shall permit a copy to be made
15 DEFINITIONS
15 1 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Contract The intent of this Bond shall be to include without limitation in the terms "labor,
materials or equipment" that part of water, gas power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction
Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished
15 2 Construction Contract The agreement between the Owner and the Contractor identified on the signature page, including all Contract
Documents and changes thereto
15 3 Owner Default Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction
Contract or to perform and complete or comply with the other terms thereof
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS.
This bond is given to comply with Section 255 05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in
accordance with the notice and time limitation provisions in Section 255 05(2), Florida Statutes
Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision "Within a reasonable time (1) after the Claimant has satisfied
the conditions of Paragraph 4 and (2) after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the
Surety shall pay or arrange for payment of any undisputed amounts Failure of the Surety to satisfy the above requirements shall not be deemed a
forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim However, in such event the Claimant
may bring suit against the Surety as provided under this Bond
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Joseph W. LoPresti, Steve Ayers, Anna Lee Duncan, Mary Jane Gwyn, Mia Bush, Individually
of Tampa, FL, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts —
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 30th day of July, 2008
a "V0.ET'� WESTERN SURETY COMPANY
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Paul Bruflat, Senior Vice President
State of South Dakota )
J l ss
County of Minnehaha
On this 30th day of July, 2008, before me personally came Paul T Bruflat, to me known, who, being by me duly swom, did depose and say that he
resides in the City of Sioux Falls, State of South Dakota, that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument, that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal, that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation
My commission expires +4'`'`'44444444444444444444 +
D. KRELL
November 30, 2012 NOTARY PUBLIC sE s ,a14
SOUTH DAKOTA
+44444444444444444444444
D Krell, No ry Public
CERTIFICATE
I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation 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 corporation this 16th day of November, 2011
�t7F t '4
�� '�� WESTERN SURETY COMPANY
.WLpPOq�
L Nelson, Assistant Secretary
Form F4280 -09 -06
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company
Section 7 All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to Issue bonds, policies, or undertakings in the name of the Company
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation The signature of any such officer and the corporate seal may be printed by facsimile
CHAsuRErY CONTRACT STATUS INQUIRY
-# 2011 - -11
Please complete the information below, sign and return to Surety Company:
Surety Company and Address Date Mailed: 07/23/2012
Western Surety Company
2405 Lucien Way Original Contract Price: $7,430.00
Maitland, FL 32751 Bond Number: 929537708
Fax 877-276-7509 Effective Date: 11/16/2011
Phone 877-276-7511 Underwriter: PLD Office: FL
Contractor's Name and Address Obligee or Contact
Cross Construction Services Inc City of Clermont
30534 Sr 54 West 685 W. Montrose St.
Wesley Chapel, FL 33543 Clermont, FL 34711
Description of Contract
Strucutral Demolition of City Property Rfb#11-020
1. If contract is completed, please state:
Date of Completion Date of Acceptance Final Contract Price
12- $ - 2 ott i1-Z -Z olf '7,430. 00
2. If contract is uncompleted, please state:
Anticipated completion date:
Approximate % or dollar amount of contract completed or delivered:
3. Do you know of any unpaid bills for labor or material? ['Yes TNo
4. Additional Comments:
Without prejudicing your right or affecting our liability under our bond(s) described above,we would appreciate as
much of the above information as is now available.
It is understood that the information contained herein is furnished as a matter of courtesy for the confidential use of the
surety and is merely an expression of opinion.It is also agreed that in furnishing this information, no guaranty or
warranty of accuracy or correctness is made and no responsibility is assumed as a result of reliance by the surety,
whether such information is furnished by the owner or by an architect or engineer as the agent of the owner.
Name-- Title Pun.c .IAOt14 rlANA46a. Date
1...,20 Phone 3S2.- Z4t-?386 1-2.6-201-2
RECEIVED
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