2015-65 CONTRACTOR AGREEMENT
THIS AGREEMENT, made and entered into this R!sT
day of 164 6(... "1- 2015,
A.D., by and between the City of Clermont 685 West Montrose Street,(elermont, Flonda
(hereinafter referred to as "OWNER"), and CROSS CONSTRUCTION SERVICES, INC.
25221 Wesley Chapel Blvd., Lutz, FL 33559 (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 permits, labor, materials, equipment, machinery,
tools, apparatus and transportation and perform all of the work described in the bid
documents and specifications entitled:
RFB NO. 15-040 Structural Demolition of Vacant Sheriffs Sub-Station Property
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, in lawful tender of the United States, the total contract sum of TWENTY-TWO
THOUSAND NINE HUNDRED FIFTY DOLLARS AND 00/100 CENTS ($22,950.00).
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 fifteen (15)
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. Final completion shall be five(5) calendar days thereafter.
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
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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
stnctly 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, CONTRACTOR shall
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pay to OWNER the sum of TWO HUNDRED AND 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—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.
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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 VII—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:
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(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 maybe liable, regardless of whether or not it is caused in part by
a party indemnified hereunder. Such obligation shall not be construed
to negate, abndge, 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.
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3 All documents contained in RFB No 15-040 Structural Demolition of Vacant
Sheriff's Sub-Station Property, including any and all addenda or amendments
thereto, and CONTRACTOR's August 20, 2015 response thereto
4 Instructions to Bidders
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 31s qday of )tf /,LS+— 2015
z
City of 4t rmont
-,P
Da �e�
�, ; ager
, ;' >> ' Attest
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Tracy Ac yd, City Clerk
Cross Construction Services, Inc
By
Signature
2 - (lrnoaE 5E Redte..e-Mt"ay'`
(Name/Tit e Pnnted or Typed)
Attest
J
Corporate Secretary
10444-04 44- J. t). 6 I Ai .7
(Name Printed or Typed)
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EXHIBIT A
SECTION—C
PRICE SCHEDULE
Final Completion Lump Sum Price (Lump Sum Price shall be inclusive of all labor,
matenal, impact fees, permits, and licenses necessary to perform the work as per
described in Section B, Statement of Work)
(Words) twenty-two thousand nine hundred fifty dollars Sr 00/100
(Figures)$ 22,950.00
Contractor's Days to Substantial Completion. 15 Calendar Days.
Substantial Completion Is Not to Exceed. Twenty-Five(25)Calendar Days from Issuance
of Purchase Order or Notice To Proceed. Final Completion Shall Be Five (5) Calendar
Days Thereafter.
By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this
solicitation,and is acting in an authonzed 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(print) Cross Construction Services, Inc.
Street Address 25221 Wesley Chapel Blvd., Lutz, Florida 33559
Mailing Address(if different) Sane
Telephone 813-907=1013 Fax 813-907-0297
Email eccgilwae@verizon.net Payment Terms -0- % days.net 10
FEIN 59 - 3423008 Professional License No See attad>ments
Signature Date 8/17/15
Print Name Zane lmore Title Sr. Project Manager
Does the respondent accept payment using the City's MASTERCARD? 131 Yes 0 No
END OF SECTION —C
RFB No 15-040
Page 14 of 35
7/15201510 11 AM p 16
6 Assignment This agreement is personal to the parties hereto and may not be
assigned by contractor,in whole or in part,without the pnor wntten consent of city
7 Venue The parties agree that the sole and exclusive venue for any cause of action
ansing out of this agreement shall be Lake County, Flonda
8 Applicable Law This agreement and any amendments hereto are executed and
delivered in the State of Flonda and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Flonda
9 Public Records Contractor expressly understands records associated with this
project are public records and agrees to comply with Flonda's Public Records law,
to include, to
(a) Keep and maintain public records that ordinanly and necessanly would be
required by the CITY in order to perform the services contemplated herein
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Flonda's Public Records law or as
otherwise provided by law
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authonzed by law
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONSULTANT upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements All records stored electronically must be provided to the
CITY in a format that is compatible with the information technology
systems of the CITY
ARTICLE X - 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
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