2013-84 CONTRACTOR AGREEMENT
THIS AGREEMENT, made and entered into this /Q day of CJ 2013,
A.D.,by and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "OWNER"), and Price Construction, Inc. 7440 Daetwyler Dr.,
Orlando, FL 32812 (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 NO. 14-004 Reclaimed Water System Supplemental Supply Well
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 not to exceed TWO HUNDRED AND TWO THOUSAND NINE
HUNDRED DOLLARS ($202,900.00).
ARTICLE III- COMMENCEMENT AND COMPLETION OF WORK
1. The CONTRACTOR shall commence work within TEN (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
ONE HUNDRED AND NINETEEN (119) 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
1
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 any Surety.
Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be
interpreted and construed by the OWNER's 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 Agreement.
Therefore, notwithstanding any other provision contained in the Contract
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Documents, should the CONTRACTOR fail to complete the work within the
specified time as set by the Notice to Proceed, or any authorized extension
thereof, CONTRACTOR shall pay to OWNER the sum of FIVE HUNDRED
DOLLARS ($500.00) per calendar day as fixed, agreed and liquidated damages
for each calendar day elapsing beyond the specified time date for completion of
the project; 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 Agreement. To insure proper performance of
the Agreement, the OWNER shall retain ten percent (10%) of the amount of each
invoice until final completion and acceptance of all work covered by the
Agreement.
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 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
3
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
CONTRACTOR 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
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(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury& Property Damage Occurrence,
Combined Single Limit
(c) x - - _•. .ilit •- . - a orm $2,000,000
EacI ! 'ence, o 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. Contractor's Protective Liability Insurance - The CONTRACTOR shall
procure and furnish a 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
5
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: Price Construction, Inc.
7440 Daetwyler Dr.
P.O. Box 59002
Orlando, FL 32812
Attn.: Kim Price, President
OWNER: City of Clermont
685 W. Montrose Street
Clermont,FL 34711
Attn: Darren Gray, City Manager
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.
6
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.
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ARTICLE XI- CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Technical Plan and Specifications
3. All documents contained in RFB 14-004 Reclaimed Water System Supplemental
Supply Well, any and all addendum thereto, and Contractor's October 23, 2013
response thereto.
4. Payment and Performance Bonds
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this /C) day of ch ,2013.
City of Clermont
AI&
Turville, Jr., Mayo,W
Attest: 4)6.014
f
' Tracy Ackroyd, City Clerk
Price Construction, c.
By: 4 RA LE_
4 G w►lei ,.) cc President
Att�s�j
Corporate cretary
Pki Pri
(Name lnted or Typed)
8
EXHIBIT A
NOTE: Respondent shall submit the following prices to perform all the work as required
by the Drawings and Specifications for the construction of the City of Clermont
Reclaimed Water System Supplement Supply Well.
L.N. Description Total
Lump Sum price for Mobilization/Demobilization, ow
1 Complete. (Not to exceed 10-percent of Total Base 1 7 0
6
Bid)
Lump Sum price for General Requirements as do
2 specified in the General Conditions as amended in
the Supplementary Conditions, Complete ��I 000
Lump Sum price for Indemnification as specified in �
a
/
3 the General Conditions as amended in the ` 0 00
Supplementary Conditions, Complete.
Lump Sum price for all other work not included in line i o,,
4 number 1, 2, and 3 to construct the Reclaimed Water 10,0. 7 do
System Supplemental Supply Well, Complete. 1
Final Completion Total Lump Sum Price it Z 900
(2 a 2) 900 `) (1/1/
Contractor's Days to Final Completion: I / / Calendar Days.
Not to exceed. Ninety (90) Calendar Days to Substantial Completion and One Hundred
Twenty (120) Calendar Days to Final Completion From Purchase Order or Notice To
Proceed.
RFB No: 14-004
Page 11 of 39
`7
By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and
is acting in an authorized capacity to execute this response.The respondent also certifies that it can and will provide
and make available,at a minimum,the items set forth in this solicitation
Respondent Information and Signature
Company Name(pnnt). • I W (.0n -r(. C,1-1Dr\
Street Address. \ 0 Ctelc to c Jr. . -1i . Z
Mailing Address(if different): po C Di
Telephone' 401 -�1 '4-141 IP pFax'�2
1 - S51 -ai>s
Email. r 1( `nc 01 LQm Payment Terms days,ays,net
FEIN
- ) •t Professional License No.: C6CD-1-1 11-7
Signature: •
_ � , ± Date: 10_01Z-1
Print Name. 1Yr) IL Title S-)1de1 -
Does the respondent accept payment using the City's MASTERCARD? O Yes 14No
END OF SECTION -C
RFB No. 14-004
Page 12 of 39
Z
G.. .c City of Clermont
..w.+ 885 W.Montrose Street Clermont,R.34711 (352)384-4081
PURCHASING DIVISION
RFB 14-004,RECLAIMED WATER SYSTEM SUPPLEMENTAL SUPPLY WELL
ADDENDUM No. 1—OCTOBER 22,2013
To all prospective respondents,please note the following changes:
This addendum forms a part of the Contract Documents and modifies or supplements the original RFB 14-004
issued September 24,2013.
Response Due Date has been changed from October 24,2013 to October 31,2013 at 2.00 P.M
Deadline for Written Questions has been changed from October 18,2013 to October 25, 2013 at 3:00 P.M.
SPECIFICATIONS
Item No. 1 Section 01065—Permits and Fees,DELETE Paragraph Part 1.A 2 in its entirety and REPLACE
with the following:
2. Local Regulatory Agency Permit(s)(i.e.,City,County,etc.). City of Clermont shall pay
for all City Building Permit Application Fees. Contractor is responsible for all other
permitting fees.
Item No.2 Section 13421—Flow Measurement,DELETE Paragraph 2.01A. in its entirety and REPLACE
with the following:
A. Subject to compliance with specified requirements,manufacturers offering products
which may be incorporated in Work include:
a. ABB.
b. Krohne
Item No.3 Section 15044—Pressure Testing of Piping,DELETE Section 15044—Pressure Testing of
Piping in its entirety and REPLACE with the attached Section 15044—Pressure Testing of
Piping.
DRAWINGS
Item No. 1 Drawing C101—Proposed Site Geometry and Grading Plan,DELETE this drawing sheet in
its entirety and REPLACE with attached drawing C101 —Proposed Site Geometry and Grading
Plan.
c ---7
RFB 14-004,Addendum 1
Page 2 of 2
Item No.2 Drawing M101—Proposed Site Geometry and Grading Plant DELETE this drawing sheet in
its entirety and REPLACE with attached Drawing M101 —Well Plan and Section.
Item No.3 Drawing M102—Above Grade Flow Meter Plan and Section,DELETE this drawing sheet in
its entirety and REPLACE with attached Drawing M102—Above Grade Flow Meter Plan and
Section.
Item No.4 Drawing E101—Electrical Site Plan,DELETE this drawing sheet in its entirety and REPLACE
with attached Drawing E101 —Electrical Site Plan.
Item No. 5 Drawing E201—Enlarged Electrical Site Plan,DELETE this drawing sheet in its entirety and
REPLACE with attached Drawing 2101 —Enlarged Electrical Site Plan.
CONTRACTOR QUESTIONS
Question 1 Can you give us some type of detail for the hatch on the vault that is to be supplied? What is the
load bearing requirements,type of material,etc.
Answer 1 Please refer to specification 08350:Access Hatch Doors for specific requirements and the
Drawings for required hatch dimensions.
END OF ADDENDUM 1
This addendum MUST be acknowledge and MUST be returned with your solicitation. Failure to do so may
subject bidder to disqualification. All other terms,conditions and specifications remain unchanged for RFB 14-
004.
41 ci■ on -n,ic,41Dn anc . In
Name of Company Date
►� 5
Pre l Ci2110
Signature Title
pY)
Typed/Printed Name
&c City of Clermont
,.................
........... 885 W.Montrose Street Clermont,Fl.34711 (352)394-4081 2
PURCHASING DIVISION
RFB 14-004,RECLAIMED WATER SYSTEM SUPPLEMENTAL SUPPLY WELL
ADDENDUM No.2—OCTOBER 22,2013
To all prospective respondents,please note the following changes:
This addendum forms a part of the Contract Documents and modifies or supplements the original RFB 14-004
issued September 24,2013 and Addendum 1 issued October 22,2013.
DRAWINGS
Item No. 1 Drawing E101—Electrical Site Plans DELETE this drawing sheet in its entirety and REPLACE
with attached drawing E101 —Electrical Site Plan.
Item No.2 Drawing E201—Enlarged Electrical Site Plans DELETE this drawing sheet in its entirety and
REPLACE with attached Drawing E201 —Enlarged Electrical Site Plan.
END OF ADDENDUM 2
This addendum MUST be acknowledge and MUST be returned with your solicitation. Failure to do so may
subject bidder to disqualification. All other terms, conditions and specifications remain unchanged for RFB 14-
004.
PrICIL CCX4r1ALAIDn anC-. I(>c)-D-— 13
Name of Company Date
J L ' �/1 w p �G)�/t,k%t v�
Signature Title
)4(yi PriCi,
Typed/Printed Name
Cl‘
•� Cit y of Clermont
685 W.Montrose Street Clermont.Fl.34711 (352)394-4081
PURCHASING DIVISION ,
nivx
RFB 14-004,RECLAIMED WATER SYSTEM SUPPLEMENTAL SUPPLY WELL
ADDENDUM No.3—OCTOBER 29,2013
'U
To all prospective respondents,please note the following changes:
This addendum forms a part of the Contract Documents and modifies or supplements the original RFB 14-004
issued September 24,2013 as well as Addendum 1 and 2.
DRAWINGS
Item No. 1 Drawing E101—Electrical Site Plant DELETE this drawing sheet in its entirety and REPLACE
with attached drawing E101 —Electrical Site Plan.
Item No.2 Drawing E201—Enlarged Electrical Site Plant DELETE this drawing sheet in its entirety and
REPLACE with attached Drawing E201 —Enlarged Electrical Site Plan.
END OF ADDENDUM 3
This addendum MUST be acknowledge and MUST be returned with your solicitation. Failure to do so may
subject bidder to disqualification. All other terms, conditions and specifications remain unchanged for RFB 14-
004.
Name of Company Date
/f r
Signature Title
� P
Typed/Printed Name
7 2.-
Bond No 1000975341
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:
Price Construction, Inc at 7440 Daetwyler, Orlando, FL 32812
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and American Contractors Indemnity Company
601 S Figueroa Street, Suite 1600, Los Angeles, CA 90017
(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:
Two Hundred and Two Thousand Nine Hundred Dollars and 00/100
(Dollar Amount in Words)
202,900 00 )
(Dollar Amount in Numbers)
(Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
CONTRACTOR has by written Agreement dated December lo, 2013 , entered into a
Contract with OWNER for: RFB No 14-004 Suoo1ementaatS=nnly We„ in accordance with Drawings
and Specifications prepared by Tetra Tech 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
RFB No 14-004
Page 31 of 39
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.
RFB No 14-004
Page 32 of 39
•
THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS 20th DAY
OF December 2013.
2,rr
Price Construction, Inc e ,s 0'rI �6,;.
(Principal) (Seal) ,' •' ' ••.
By: �
(Manua Signature) i, ;%a °��3 •�'••
Kim Price, President if
Re�, Jv
(Title) .�r,„,,",,'�'
SI American Contractors Indemnity Company -
(Surety) (Seal) t,,-70..,, ,
„.... :-,?\V4\-- c\ji.,:04 ..s.,... , , , ,,,,•_.-(Witness) Anita Waters :,, . �ra� C®���,
By: / .1` - . , . v4;'39 .L. '
( Ignature) ;a' •c a
'CO 7V' ; ,
~ A nt
:*,0”-
0
Att•• •.ey In-Fact yp'
..‘1,,,,1:-:•.. ....•° :.‘‘.o".,,
James N Congelio ,,,,, kl „4q,:,, .,1'.��+4+
,l
(Resident Agent as Attorney-in-Fact)
mess) James rew
1020 North Orlando Ave, Suite 200
(Address)
Maitland, FL 32751
407-647-1616
(Telephone Number)
Power of Attorney attached hereon: This 20th Day of December, 2013
RFB No 14-004
Page 33 of 39
Bond No 1000975341
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
Price Construction, Inc at 7440 Daetwyler, Orlando, FL 32812
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and American Contractors Indemnity Company
601 S Figueroa Street, Suite 1600, Los Angeles, CA 90017
(Full name and address or legal trtle 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:
Two Hundred and Two Thousand Nine Hundred Dollars and 00/100
(Dollar Amount in Words) -
($ 202,900 00 )
(Dollar Amount in Numbers)
(Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Principal has by written Agreement dated December 10, 2013 , entered into a Contract with
P Y 9
RFB No 14-004 Reclaimed Water Su lemental
OWNER for the construction of Sunol Well , in accordance with Drawings and
Specifications prepared by Tetra Tech 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.
RFB No. 14-004
Page 34 of 39
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,
RFB No 14-004
Page 35 of 39
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 20th DAY OF December 2013.
Price Construction, Inc .",`;?"0 ty°• ,,,
(Principal) (Seal)
rawness) ' '
0••
By: kt , �, _ 0$ r
(Man at •ignature)
"= •pal,
Kim Price, President 0
(Title)
5 ,
s�ttilaf• '
American Contractors Indemnity Company:l^:,,."'
(Surety) (Seal) - <+
(Witness) Anita Waters p ;,) :•■•t
•
By: AI / .1. `cr •�c
(
anu I Signature �, '7/�•.. :.'s qS"•
Att• ey-In-Fact 1/1////11,,
/r /{ 11, ti► ,
(Title) ,
James N Congelio
(Resident Agent as Attorney-in-Fact)
OW James Dre 1020 North Orlando Ave, Suite 200
Maitland, FL 32751
(Address)
This 20th Day of December, 2013
Power of Attorney attached hereon:
RFB No 14-004
Page 36 of 39
POWER OF ATTORNEY -
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation, Texas
Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland
corporation and U S Specialty insurance Company, a Texas corporation(collectively,the"Companies"), do by these presents make,
constitute and appoint
James N Congelio or Gail S Barr of Maitland,Flonda
its true and lawful Attorney(s)-►n-fact, each in their separate capacity if more than one is named above,with full power and authority
hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed ********************25,000,000 00******************** Dollars ($ **25,000,000 00** )
This Power of Attorney shall expire without further action on December 08,2016 This Power of Attorney is graned under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be d Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authonty to appoint any one or more suitable persons as Attorney(s)-m-Fact to represent and act for and on behalf of the Company subject to the following
provisions
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability
thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary
Be it Resolved,that the signature of any authonzed officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached _
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
10th day of Decber,2012
;tt,r - AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
L.4 Cor 'ate� e UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
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mss, +�$ 12,; ;4."
Daniel P.Aguilar,Vice President
y •. ,' ,`P", • 'py„n*m,�,es'sue 'TF OFItE in*n
Statet (SWprnla
County efigo?Mee.les ' SS.
On 10th day of December,2012,before me,Vanessa Wright,a notary public,personally appeared Daniel P Aguilar,Vice President of
American Contractors indemnity Company, Texas Bonding Company, United States Surety Company and U S Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within Instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal w�MGM
r Y''�'_ Commission•1999319
Signature ` -- Seal ,14,•_
g (Seal)
•7r Notify Pick•comma
Los Comm�E res County,MB
I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power
of Attorney,executed by said Companies,which is still in full force and effect,furthermore,the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect
In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 20th day
of December '20 13 •
Corporate Seals ,\sPcrogo'', .•SSi , °NprNG°'o, „°°'��s�"Z
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1000975341 """ ' " r1
Bond No p "s6 o s s _ % s '� s( ` Jeannie Lee, sistant Secretary
•Agency No 16866 "r�4LrFOiu a``` ? n,+ `�,, o1 OF[c*p`` Y
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