2011-105 CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this 13th day of September 2011, A.D., by
and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "OWNER"), and Boykin Construction, Inc. (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 plans and
specifications entitled:
Project Name: Hooks Street Phase IV-B
as prepared by Owner and offered for bid by Lake County 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, in lawful tender of the United States, and subject to addition and deductions as
provided in the Contract Documents, the Compensation Schedule, attached hereto and
incorporated herein as Exhibit "A" and the Unit Price Schedule, attached hereto and
incorporated herein as Exhibit "B." The total contract sum shall not exceed One
Hundred Thirty-Four Thousand, Five Hundred Forty-One and 55/100 DOLLARS
($134,541.55)
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 three (3) sets of conformed plans, and
(iii) receipt of all survey data as required to perform construction layout, and (iv)
receipt of all permits required to perform the work, and the CONTRACTOR will
substantially complete the same within 120 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 Architect/Engineer when construction is 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.
2.) The CONTRACTOR shall prosecute the work with faithfulness and diligence.
3.) The CONTRACTOR further declares he has examined the site of the work and
that from personal knowledge and experience or that he 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 Project Architect/Engineer, and his decision shall
be final and binding upon all parties, provided the OWNER agrees.
It is distinctly understood and agreed that the passing, approval and/or acceptance
of any part of the work or material by the OWNER or by any agent or
representative as in compliance with the terms of this Contract and/or of the
Drawings, Plans and Specifications covering said work shall not operate as a
waiver by the OWNER of strict compliance with the terms of this Contract and/or
the Drawings and Specifications covering said work; and the OWNER may
require the CONTRACTOR and/or his Surety to repair, replace, restore and/or
make to comply strictly and in all things with this Contract and the Drawings and
Specifications any and all of said work and/or materials which within a period of
one year from and after the date of the passing, approval, and or acceptance of
any such work or material, are found to be defective or to fail and in any way to
comply with this Contract or with the Drawings and Specifications. This
provision shall not apply to materials or equipment normally expected to
deteriorate or wear out and become subject to normal repair and replacement
before their condition is discovered. The CONTRACTOR shall not be required to
do normal maintenance work under the guarantee provisions. Failure on the part
of the CONTRACTOR and/or his Surety, immediately after Notice to either, to
repair or replace any such defective materials and workmanship shall entitle the
OWNER, if it sees fit, to replace or repair the same and recover the reasonable
cost of such replacement and/or repair from the CONTRACTOR and/or his
Surety, who shall in any event be jointly and severally liable to the OWNER for
all damages, loss and expense caused to the OWNER by reason of the
CONTRACTOR'S breach of this Contract and/or his failure to comply strictly and
in all things with this Contract and/or his failure to comply strictly and in all
things with this Contract and with the Drawings and Specifications.
4.) As-built drawings, warranties acceptable to OWNER must be submitted to the
OWNER before final payment will be made to the CONTRACTOR.
ARTICLE IV- LIQUIDATED DAMAGES
1.) It is mutually agreed that time is of the essence in regard to this Contract.
Therefore, notwithstanding any other provision contained in the Contract
Documents, should the CONTRACTOR fail to complete the work within the
specified time as set by the Notice to Proceed, or any authorized extension
thereof, CONTRACTOR shall pay to 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
estimate by the OWNER and the Engineer, for work performed during the
preceding calendar month under the Contract. To insure proper performance of
the Contract, the OWNER shall retain ten percent (10%) of the amount of each
estimate until final completion and acceptance of all work covered by the
Contract.
2.) Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER
that all payrolls, material bills and other costs incurred by the CONTRACTOR in
connection with the construction of the work have been paid in full, and also, after
all guarantees that may be required in the Specifications have been furnished and
are found acceptable by the OWNER, final payment on account of this
Agreement shall be made within thirty (30) calendar days after completion of all
work by the CONTRACTOR covered by this Agreement and acceptance of such
work by the OWNER.
ARTICLE 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 Constractor's Protective Liability Insurance - The Owner
shall procure and furnish an Owner's and Constractor'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 Constractor's Liability Policy shall include Broad Form
Property Damage Coverage,Products and Completed Operations Coverages.
7.) Contractual Liability Work Contracts - The Constractor'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.
9.) 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 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: Jeff Boykin, President
Boykin Construction, Inc.
116 W. Center Street
Minneola, FL 34715
OWNER: City of Clermont
Attn: Tamara Richardson, City Engineer
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) W_ aiver. 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 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:
1) Contract Agreement
2) Technical Plan and Specifications
3) All documents contained in Project Name: Hooks Street Phase N-B and
CONTRACTOR's response thereto.
4) General Requirements
4) Instructions to Bidders
6) Drawings
7) Payment and Performance Bonds
8) Proposal Guaranty
[signatures on next page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on this 13th day of September,2011.
City of Clermont
arold S. Turville, Jr., Mayor'',
Attest:
Al. -111P
Tracy Ackre d, City Clerk 4
•W"
" •
By
0091:.407
u ature
- ; Jeff BoykinYPresident
116 W. Center Street
Minneola, FL 34715
(Telephone Number)
If a corporation, affix corporate
seal and have corporate secretary
attest. Attest:
NitiLdAt)
Corporate Secretary (7
I e lees& L &yx'sii
(Name Printed or Typed)
- , 0,,
'2•-1
EXHIBIT "A"
COMPENSATION SCHEDULE
Compensation shall be in accordance with the Contract Agreement and as follows:
EXHIBIT`B"
UNIT PRICE SCHEDULE
Unit prices attached hereto shall be apart of the agreement.
PERFORMANCE BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH LABOR AND MATERIAL
PAYMENT BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL
AND FAITHFUL PERFORMANCE OF THE CONTRACT.
KNOW ALL MEN BY THESE PRESENTS:
(Full name and address or
legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and
(Full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont,
as Obligee, hereinafter called OWNER, in the amount of:
(Dollar Amount in Words)
($
(Dollar Amount in Numbers)
(Sum equal to 100 percent of Contract amount) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,
CONTRACTOR has by written Agreement dated , entered into a
Contract with OWNER for: in accordance with
Drawings and Specifications prepared by for the
OWNER, which contract is by reference made a part hereof, and is hereinafter referred to
as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if
CONTRACTOR shall promptly and faithfully perform said Contract, then this obligation
shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the
OWNER.
Whenever CONTRACTOR shall be, and declared by OWNER to be in default under the
Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety
may promptly remedy the default, in accordance with Section 255.05, Florida Statutes, or
shall promptly,
1.) Complete the Contract in accordance with its terms and conditions or within sixty
(60) calendar days.
2.) Obtain a bid or bids for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsible bidder, or
if the OWNER elects, upon determination by the OWNER and the Surety jointly
of the lowest responsible bidder, arrange for a contract between such bidder and
OWNER, and make available as work progresses (even though there should be a
default or a succession of defaults under the Contract or Contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less
the balance of the Contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the Contract price," as used in this
paragraph, shall mean the total amount payable by OWNER to CONTRACTOR
under the Contract and any amendments thereto, less the amount properly paid by
OWNER to CONTRACTOR.
3.) Upon termination of the Contract by the OWNER due to the CONTRACTOR'S
failure to perform under the conditions herein set forth in the Contract, the
OWNER may without prejudice to any right or remedy and after giving the
CONTRACTOR and his Surety if any, seven (7) days written notice, terminate
the employment of the CONTRACTOR, and take possession of the site and all of
the materials, equipment, tools, construction equipment, and machinery thereon
owned by the CONTRACTOR and may finish the work by whatever method he
may deem expedient. In such case the CONTRACTOR shall not be entitled to
receive any further payment until the work is finished.
4.) A claimant, except a laborer, who is not in privity with the Principal and who has
not received payment for his labor, materials or supplies shall, within 45 days
after beginning to furnish labor, materials or supplies for the prosecution of the
work, furnish the Principal with a notice that he intends to look to the bond for
protection, and
5.) A claimant who is not in privity with the Principal and who has not received
payment for his labor, materials, or supplies shall, within 90 days after
performance of the labor or after complete delivery of materials or supplies,
deliver to the Principal and to the Surety written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
6.) Other than a suit by OWNER, no action shall be instituted against the Principal or
the Surety on the bond after one (1) year from the performance of the labor or
completion of delivery of the materials or supplies.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than the OWNER named herein or the heirs, executors, administrators or successors
of the OWNER.
THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS
DAY OF 2011.
(Principal) (Seal)
(Witness) By:
(Manual Signature)
(Surety) (Seal)
(Witness) By:
(Manual Signature)
(Title)
(Resident Agent as Attorney-in-Fact)
(Witness)
(Address)
(Telephone Number)
Power of Attorney attached hereon:
E-5
RIDER TO PERFORMANCE BOND
PUBLIC WORK-- STATE OF FLORIDA
PURSUANT TO FLORIDA STATUTE SEC. 255.05
AGREEMENT made this day of 2011,between
(hereinafter called the "PRINCIPAL") and
(hereinafter called the "SURETY") and the City of Clermont (hereinafter called the
"OWNER").
WHEREAS, on the day of 2011, the parties hereto
entered into a Performance Bond, a copy whereof is hereto attached and incorporated
herein by reference, and
WHEREAS, said parties have agreed to add certain terms to said Performance Bond to
conform with Florida Statute 255.05;
NOW, THEREFORE, it is agreed that the said Performance Bond pertaining to
is hereby amended to include the following
provisions:
Other than a suit by the OWNER, no suit or action for labor, materials, or supplies shall
be instituted hereunder against the PRINCIPAL or the SURETY unless both of the
following notices have been given by the claimant.
"A claimant, except a laborer, who is not in privity with the PRINCIPAL and who has
not received payment for his labor, materials, or supplies shall, within 45 days after
beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish
the PRINCIPAL with a notice that he intends to look to the bond for protection, and
A claimant who is not in privity with the PRINCIPAL and who has not received payment
for his labor, material, or supplies shall, within 90 days after performance of the labor or
after complete delivery of materials or supplies, deliver to the PRINCIPAL and to the
SURETY written notice of the performance of the labor or delivery of the materials or
supplies and of the non-payment.
Other than a suit by the OWNER, no action shall be instituted, against the PRINCIPAL
or the SURETY on the bond after one (1) year from the performance of the labor or
completion of delivery of the materials or supplies."
E-5—RIDER TO PAYMENT BOND
It is the express agreement that all other terms, conditions, and stipulations contained in
the said Performance Bond shall remain in full force and effect and without any change
or modifications whatsoever, except only as to the additions, as above provided.
Principal:
By:
Surety:
By:
Accepted:
City of Clermont
Tamara Richardson, City Engineer
E-6
LABOR AND MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH THE PERFORMANCE BOND
IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL
PERFORMANCE OF THE CONTRACT.
KNOW ALL MEN BY THESE PRESENTS: That
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and
(Full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont
as Obligee, hereinafter called OWNER,in the amount of:
(Dollar Amount in Words)
($
(Dollar Amount in Numbers)
(Sum equal to 100 percent of Contract amount) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written Agreement dated , entered into a Contract with
OWNER for the construction of , in accordance with
Drawings and Specifications prepared by for the OWNER, which
contract is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if
Principal shall promptly make payment to all claimants as hereinafter defined, for all
labor and materials used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and
effect, subject, however to the following conditions in accordance with Section 255.05,
Florida Statutes:
1.) A claimant is defined as one having a direct contract with the Principal or with a
subcontractor of the Principal for labor, material, or both, used or reasonably
required for use in the performance of the Contract, labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental of equipment directly applicable to the Contract.
2.) The above-named Principal and Surety hereby jointly and severally agree with the
OWNER that every claimant as herein defined, who has not been paid in full
before the expiration of a period of ninety(90)days after the date on which he last
of such claimant's work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for the use of such claimant,
prosecute the suit to final judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The OWNER shall not be liable for the
payment of any costs or expenses of any such suit.
3.) Other than the OWNER, no suit or action shall be commenced hereunder by any
claimant:
a.) Unless claimant, other than one having a direct contract with the Principal
shall have given written notice to any two of the following: The Principal,
the OWNER, or the Surety above named, within ninety (90) days after
such claimant did or performed the last of the work or labor, or furnished
the last of the materials for which said claim is made, stating with
substantial accuracy the amount claimed and the name of the party to
whom the materials were furnished, or for whom the work or labor was
done or performed. Such notice shall be served by mailing the same by
registered mail or certified mail,postage prepaid, in an envelope addressed
to the Principal, OWNER or Surety, at any place where an office is
regularly maintained for the transaction of business, or served in any
manner in which legal process may be served in the state in which the
aforesaid project is located, save that such service need not be made by a
public officer.
b.) After the expiration of one (1) year following the date on which Principal
ceased work on said Contract, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation permitted by such law.
c.) Other than in a state court of competent jurisdiction in and for the county
or other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United States District Court for the district in
which the Project,or any part thereof, is situated, and not elsewhere.
d.) A claimant, except a laborer, who is not in privity with the Principal and
who has not received payment for his labor, materials or supplies shall,
within 45 days after beginning to furnish labor, materials or supplies for
the prosecution of the work, furnish the Principal with a notice that he
intends to look to the bond for protection, and
e.) A claimant who is not in privity with the Principal and who has not
received payment for his labor, materials or supplies shall, within 90 days
after performance of the labor or after complete delivery of materials or
supplies, deliver to the Principal and to the Surety written notice of the
performance of the labor or delivery of the materials or supplies and of the
nonpayment.
f.) No action shall be instituted against the Principal or the Surety on the
bond after one(1) year from the performance of the labor or completion of
delivery of the materials or supplies.
The amount of this bond shall be reduced by and to the extent of a payment or payments
made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens
which may be filed or record against said improvement whether or not claim for the
amount of such lien be presented under and against this bond.
The foregoing Labor and Material Payment Bond was signed and sealed this day
of 2011.
(Witness) By:
(Manual Signature)
(Surety) (Seal)
(Witness) By:
(Manual Signature)
(Title)
(Resident Agent as Attorney-in-Fact)
(Witness)
(Address)
Power of Attorney attached hereon:
E-7
RIDER TO PAYMENT BOND
PUBLIC WORK-- STATE OF FLORIDA
PURSUANT TO FLORIDA STATUTE SEC. 255.05
AGREEMENT made this day of 2011,
between
(hereinafter called the "PRINCIPAL") and
WHEREAS, on the day of 2011, the parties hereto
entered into a Payment Bond, a copy whereof is hereto attached and incorporated herein
by reference, and
WHEREAS, said parties have agreed to add certain terms to said Payment Bond to
conform with Florida Statute 255.05;
NOW, THEREFORE, it is agreed that the said Payment Bond pertaining to
- is hereby amended to include the
following provisions:
Other than a suit by the OWNER, no suit or action for labor, materials, or supplies shall
be instituted hereunder against the Principal or the Surety unless both of the following
notices have been given by the claimant.
"A claimant, except a laborer, who is not in privity with the Principal and who has not
received payment for his labor, materials, or supplies shall, within 45 days after
beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish
the Principal with a notice that he intends to look to the bond for protection, and
A claimant who is not in privity with the Principal and who has not received payment for
his labor, material, or supplies shall, within 90 days after performance of the labor or
after complete delivery of materials or supplies, deliver to the Principal and to the surety
written notice of the performance of the labor or delivery of the materials or supplies and
of the non-payment.
Other than a suit by the OWNER, no action shall be instituted, against the Principal or the
Surety on the bond after one (1) year from the performance of the labor or completion of
delivery of the materials or supplies."
It is the express agreement that all other terms, conditions, and stipulations contained in
the said Performance Bond shall remain in full force and effect and without any change
or modifications whatsoever, except only as to the additions, as above provided.
Principal:
By:
Surety:
By:
Accepted:
City of Clermont
Tamara Richardson, City Engineer
E-8 CERTIFICATE OF INSURANCE —
Project
The following form must be completed by the Contractor's insurance agent or broker and
must be submitted along with the certificate(s) of insurance meeting all the requirements
of the Contract between the Contractor and the City of Clermont, Florida.
NOTICE FROM INSURANCE AGENT OR BROKER
Your insured is required to provide evidence of insurance to the City of Clermont (hereafter
"Owner"). In order to fulfill your insured's obligations, the Owner requires copies of the
declaration page(s) of the policy and all endorsements OR the completion of an ACORD
"Certificate of Insurance" (COI). If you provide a COI, the form must be modified to delete the
wordmg: "This certificate is issued as a matter of information only and confers no rights upon
the certificate holder"AND "endeavor to"AND "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company,its agents, or representative."
In order for your insured's evidence of insurance to be acceptable to the Owner, you must affirm
(check-V)all items on the following checklist:
I represent to Owner that I am authorized by each of the insurers to complete the
certificate of insurance.
A copy of this certificate has been sent to each of the insurers.
I have obtained the A.M. Best rating for each msurer from the current edition of Best's
Insurance Reports.
I am aware that the Owner requires thirty (30) days notice of any substantial changes in
the coverage or non-renewal of the policies noted on this certificate.
I have requested that the insurers endorse the policies to state: "City of Clermont and its
members (mcluding, without limitation, members of the Board of Commissioners),
officers, agents, and employees, are hereby included as additional insured's as required
by the terms of the Contract between the named insured party and the Owner."
The coverage provided by the policies shown is primary as respects any valid and
collectible insurance that the Owner may possess.
None of the policies (except Excess Liabihty) contains a self-insured retention or
deductible provision with respect to third-party coverage. If you cannot affirm this
statement, please specify whether or not the policy contains a self-insured retention or
deduction and the amount:
Self-Insured Retention Deductible: $
All of the insurers shown on the certificate are authorized to write the coverage shown in
the State of Florida.
I have completed this checklist and my signature appears on the evidence of insurance
provided.
Signature&Date
Name&Company Name of Insurance Agent or Broker
E-9—NOTICE OF AWARD
(Date)
(Contractor)
REFERENCE: NOTICE OF AWARD - BID NO. 2004-031
The OWNER has considered the BID submitted by you for the above-described WORK
in response to its Advertisement for Bids dated , and Information for
Bidders.
You are hereby notified that your BID has been accepted for
Project, in the amount of
You are required by the Information for Bidders to execute the Agreement and furnish
the required CONTRACTOR'S PERFORMANCE BOND, PAYMENT BOND, and
CERTIFICATES OF INSURANCE within ten (10) calendar days from the date of this
NOTICE to you.
You are hereby notified that you are the apparent successful Bidder on the Project noted
above. Upon compliance with the conditions, precedent to being fulfilled by you within
the time specified,the AGREEMENT will be executed and delivered to you.
Enclosed are the following:
No. Copies Item
1 Agreement Between Owner and Contractor
1 Performance Bond
1 Payment Bond
1 Notice from Insurance Agent or Broker
1 Notice of Award
NOTICE OF AWARD
PAGE TWO
Please take the following actions:
1.) Execute Agreement and Seal.
2.) Have your insurance company complete the Notice from Insurance Agent or
Broker and return along with all required certificate(s) of insurance meeting
requirements of the contract.
4.) Return all original copies of Agreement, Bonds, and Insurance Certificates to:
City of Clermont
Attn: City Manager
685 W. Montrose Street
Clermont, Florida 34711
We will return a fully executed copy of the contract documents to you along with a
NOTICE TO PROCEED.
If you fail to execute said AGREEMENT and to furnish said BONDS within ten (10)
days from the date of this Notice, said OWNER will be entitled to consider all of your
rights arising out of the OWNER'S acceptance of your bid as abandoned and as a
forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may
be granted by law.
You are required to return an acknowledged copy of this NOTICE of AWARD to the
OWNER.
Dated this day of 2011.
City of Clermont
By:
Tamara Richardson, City Engineer
NOTICE OF AWARD
PAGE THREE
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged by:
& IkW\ (0i\ e��rittC o InL Name of orporation, Partnership, or Individual
this the day of 201
By: /��
Ti e: V� '
E-10—NOTICE TO PROCEED
NOTICE TO PROCEED
TO:
PROJECT:
AMOUNT OF
CONTRACT: $
DATE:
You are hereby notified to commence work on the above referenced contract on or before
, and shall substantially complete all of the work of said contract
within consecutive calendar days thereafter. Therefore, your SUBSTANTIAL
COMPLETION DATE is . FINAL COMPLETION shall be thirty
(30)days thereafter,
The contract provides for an assessment of the sum of$ .00 as liquidated damages
for each consecutive calendar day contractor fails to complete the performance
milestones set forth in the Liquidated Damages Milestone Schedule attached hereto,
including, but not limited to, the above substantial completion date; and $ as
liquidated damages for each consecutive calendar day after the above final completion
date,that the work remains incomplete.
Upon execution of this document, you are authorized to arrange a Preconstruction
Conference meeting with the City of Clermont. Please call to
schedule this meeting. The following items, if not already submitted, must be submitted
at the time of the Preconstruction Conference:
1.) Construction Progress Schedule
2.) Any revisions to Subcontractor List(if applicable).
3.)
PAGE TWO
NOTICE TO PROCEED
4.)
5.)
Dated this day of 2011.
City of Clermont
By:
Tamara Richardson, City Engineer
ACCEPTANCE OF NOTICE
Receipt of the foregoing Notice to Proceed and Authorization to Schedule
Preconstruction Conference is hereby acknowledged this day of
2011.
/By:
Title: / 7 /