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Contract 2019-79A
2019-79A CONTRACTOR AGREEMENT THIS AGREEMENT, is made and entered into this day of 2019, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "OWNER"), and MACK INDUSTRIES, INC. D/B/A MACK CONCRETE INDUSTRIES, INC., whose address is: 23902 County Road 561, Astatula, FL 34705, (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: SECTION 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 specifications entitled: RFB NO.20-005 titled Construction of Sunburst Water Treatment Plant (WTP) Screening Wall Re -Bid 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. SECTION 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 Price Schedule, attached hereto and incorporated herein as Exhibit "A". The total contract sum shall not exceed THREE HUNDRED TWENTY ONE THOUSAND SEVEN HUNDRED SEVENTY NINE DOLLARS AND 00/100 CENTS ($321,779.00). SECTION III — COMMENCEMENT AND COMPLETION OF WORK 1) The CONTRACTOR shall commence work within ten (10) calendar days after receipt of (i) Notice to Proceed, (ii) Purchase Order and (iii) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within ONE HUNDRED EIGHTY (180) calendar days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified by the OWNER's Architect/Engineer as sufficiently complete, in accordance with the Contract Documents, so the OWNER can occupy or utilize the work or designated portion thereof for the use for which it is intended. Final Completion shall be THIRTY (30) calendar days thereafter. 2) The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3) The CONTRACTOR further declares he has examined the project site and that from personal knowledge and experience has made sufficient investigations to fully satisfy himself that such site is correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted and construed by the OWNER's designated Project Manager after consultation with the Project Architect, and the OWNER's Project Manager's decision shall be final and binding upon all parties, provided the OWNER agrees. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the OWNER or by any agent or representative as in compliance with the terms of this Contract and/or of the Drawings, Plans and Specifications covering said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Contract and/or the Drawings and Specifications covering said work; and the OWNER may require the CONTRACTOR and/or his Surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and or acceptance of any such work or material, are found to be defective or to fail and in any way to comply with this Contract or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The CONTRACTOR shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the CONTRACTOR and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his Surety, who shall in any event be jointly and severally liable to the OWNER for all damages, loss and expense caused to the OWNER by reason of the CONTRACTOR'S breach of this Contract and/or his failure to comply strictly and in all things with this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 4) As -built drawings, warranties acceptable to OWNER must be submitted to the OWNER before final payment will be made to the CONTRACTOR. 2 SECTION IV — AUTHORIZED REPRESENTATIVES 1) Before starting work, CONTRACTOR shall designate a competent, authorized representative acceptable to OWNER to represent and act for CONTRACTOR and shall inform OWNER in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for CONTRACTOR and shall specify any and all limitations of such authority. At the Pre -construction Conference, CONTRACTOR shall provide resumes of key personnel for OWNER's approval. CONTRACTOR shall keep OWNER informed in writing pursuant to the notice requirements provided herein of any subsequent changes in the foregoing. Such representative shall be present or duly represented at the site of work at all times when work is actually in progress. 2) From the time of execution of the Contract, the OWNER shall have the right to remove the CONTRACTOR's representative from the project for inappropriate behavior including, but not limited to, lack of concern for residents, or acting in an unprofessional manner (i.e. argumentative with residents or OWNER's representative and the use of foul language). 3) All notices, determinations, instructions and other communications given to the authorized representatives of the CONTRACTOR shall be binding upon CONTRACTOR. Nothing contained herein shall be construed as modifying the CONTRACTOR's duty of supervision and fiscal management as provided for by Florida law. 4) The OWNER shall designate a Project Manager who will have limited authority to act for the OWNER. The OWNER will notify the CONTRACTOR in writing of the name of such representative(s). Any other City employees are not authorized OWNER representatives and any work performed by the CONTRACTOR without proper written authorization from the Project Manager as approved by OWNER, is performed at the CONTRACTOR's risk, and the City shall have no obligation to compensate the CONTRACTOR for such work. SECTION V — LAWS AND REGULATIONS 1) CONTRACTOR and its employees and representatives shall at all times comply with all applicable laws, codes, ordinances, statutes, rules or regulations in effect at the time work is performed under this Contract. 2) If, during the term of this Contract, there are any changed or new laws, ordinances or regulations not known or foreseeable at the time of signing this Contract which become effective and which affect the cost or time of performance of the Contract, CONTRACTOR shall immediately notify OWNER in writing and submit detailed documentation of such effect in terms of both time and cost of performing the Contract. Upon concurrence by OWNER as to the effect of such changes, an adjustment in the compensation and/or time of performance will be made, if applicable. 3 3) If any discrepancy or inconsistency should be discovered between the Contract and any law, ordinance, regulation, order or decree, CONTRACTOR shall immediately report the same in writing to OWNER who will issue such instructions as may be necessary. However, it shall not be grounds for a Change Order that the CONTRACTOR was unaware of or failed to investigate the rules, codes, regulations, statutes, and all ordinances of all applicable governmental agencies having jurisdiction over the Project or the work. SECTION VI — CODE RELATED INSPECTIONS The CONTRACTOR recognizes that the City of Clermont is the governing jurisdiction charged with the inspection of improvements to real property for code compliance and the improvements to be made by the CONTRACTOR pursuant to this contract may be subject to inspection by City of Clermont or its agents. The CONTRACTOR agrees that it will not assert, as a City -caused delay or as a defense of any delay on the part of the CONTRACTOR, any good faith action or series of actions on the part of the City or its agents with regard to inspections, including, but not limited to the refusal to accept any portion of the CONTRACTOR's work. SECTION VII — VALUE ENGINEERING Contractor may request substitutions of materials, articles, pieces of equipment or any changes that reduce the contract price by making such request to the Project Manager and Project Architect/Engineer in writing. The Project Manager and Project Architect/Engineer will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Project Manager and Project Architect/Engineer prior written acceptance which will be evidence by a City issued Change Order. However, any substitution accepted by Project Manager and Project Architect/Engineer shall not result in any increase in the contract price or contract time. By making a request for substitution, the Contractor agrees to pay directly to the Project Architect/Engineer fees and charges related to the Project Architect/Engineer review of the request for substitution, whether or not the request for substitution is accepted by the Project Architect/Engineer. The successful respondent also agrees to pay for any additional required design and/or permitting fees necessitated by the proposed changes. Any substitution submitted by the Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Project Architect/Engineer review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between the successful respondent and City and shall be processed as a deductive Change Order. The City may require the Contractor to furnish, at their expense, a special performance guarantee or other surety with respect to any substitute approved after award of the contract. M SECTION VIII — PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the Bid Documents and General Conditions, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: 1) CONTRACTOR shall submit a progress payment request by the twentieth (20th) day of each calendar month for work performed during the current calendar month, projected through the 25th. At any time, the OWNER shall have the right as a condition of making a partial payment hereunder, to require CONTRACTOR to submit evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the subject progress payment request have been paid in full. Upon OWNER's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the OWNER shall make a partial payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved estimate by the OWNER and the Architect, for work performed during the preceding calendar month under the Contract. To insure proper performance of the Contract, the OWNER shall retain 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 IX — 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 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 beneficial occupancy (substantial completion) and/or final completion; which sum shall represent the damages sustained by the OWNER, and shall be considered not as a penalty, but in liquidation of damages sustained. Contractor shall pay the liquidated damages amount contained herein. NOTE: Not necessary, this would come out of contract balance. Contractors pay applications would be reduced to cover anticipated liquidated damages. 5 SECTION X — 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. SECTION XI — 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. SECTION XII — 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 no are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) Contractor's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $1,000,000 4) 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. 5) Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the OWNER and Booth, Ern, Straughan & Hiott, Inc. 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. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Section. (b) In any and all claims against the OWNER and Booth, Ern, Straughan & Hiott, Inc. or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of 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. 7 SECTION XIII — TAXES 1) CONTRACTOR shall pay all taxes, levies, duties and assessments of every nature that may be applicable to any work under this Contract. The Contract Sum and any agreed variations thereof shall include all taxes imposed by law. CONTRACTOR shall make any and all payroll deductions required by law. CONTRACTOR herein indemnifies and holds the OWNER harmless from any liability on account of any and all such taxes, levies, duties, assessments and deductions. Such indemnification shall be in accordance with the terms and conditions of the Indemnification provisions provided herein. 2) OWNER and CONTRACTOR hereby acknowledge that OWNER is a tax-exempt entity. Where applicable, and so directed by the OWNER, the OWNER reserves the right to implement, at its convenience, a tax exemption program to buy selected materials and place the tax savings in line item contingency. SECTION XIV — SUCCESSORS, ASSIGNS AND ASSIGNMENT The OWNER and the CONTRACTOR each bind itself, its officers, directors, qualifying agents, partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, Agreements and obligations contained in the Contract. It is agreed that the CONTRACTOR shall not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. SECTION XV — 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: Mack Concrete Industries, Inc. 23902 County Road 561 Astatula, FL 34705 Attn: Jim Thompson, V.P. OWNER: City of Clermont Attn: Darren Gay, City Manager 685 W. Montrose Street Clermont, FL 34711 N. SECTION XVI — OPTIONAL TERMINATION 1) OWNER may, at its option, terminate the Contract, in whole or in part, at any time by written notice thereof to CONTRACTOR, whether or not CONTRACTOR is in default. Upon any such termination, CONTRACTOR hereby waives any claims for damages from the optional termination, including loss of anticipated profits, on account thereof, but as the sole right and remedy of CONTRACTOR, OWNER shall pay CONTRACTOR in accordance with Subparagraphs below, provided, however, that those provisions of the Contract which by their very nature survive final acceptance under the Contract shall remain in full force and effect after such termination. 2) Upon receipt of any such notice, CONTRACTOR and its Surety shall, unless the notice requires otherwise: (a) Immediately discontinue work on the date and to the extent specified in the notice; (b) Place no further orders or subcontracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the Contract that is not terminated; (c) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to OWNER of all orders and subcontracts to the extent they relate to the performance of work terminated or assign to OWNER those orders and subcontracts and revoke Agreements specified in such notice; (d) Assign all Subcontracts required for performance of this Contract to the OWNER. In anticipation of such a remedy, the CONTRACTOR shall include in all Subcontracts, equipment leases and purchase order, a provision requiring the subcontractor, equipment lessor or supplier, to consent to the assignment of their Subcontract to the OWNER and to agree to the greatest extent possible to cooperate with the OWNER; (e) Assist OWNER, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by OWNER under the Contract; and (f) Complete performance of any work that is not terminated. 3) Upon any such termination, OWNER will pay to CONTRACTOR an amount determined in accordance with the following (without duplication of any item): (a) All amounts due and not previously paid to CONTRACTOR for work completed and accepted in accordance with the Contract prior to such notice, and for work thereafter completed as specified in such notice. (b) The reasonable cost of settling and paying claims arising out of the termination of work under subcontracts or orders as provided above. (c) The verifiable costs incurred as set forth above. (d) Any other reasonable costs which can be verified to be incidental to such termination. 9 4) The foregoing amounts will include a reasonable sum, under all of the circumstances, as profit for all work satisfactorily performed by CONTRACTOR. 5) CONTRACTOR shall submit within thirty (30) days after receipt of notice of termination, a proposal for an adjustment to the contract price including all incurred costs described herein. OWNER shall review, analyze, and verify such proposal, and negotiate an equitable adjustment, and the Contract shall be amended in writing accordingly. SECTION XVII — MISCELLANEOUS 1) Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, each party shall bear its own attorney fees. 2) Waiver. The waiver by OWNER of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 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. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 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. 10 9) Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. SECTION XVIII — 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) Plans and Specifications for Construction of Construction of Sunburst WTP Screening Wall Re -Bid, including all addenda. 11 4) All documents contained in RFB No. 20-005, titled Construction of Sunburst WTP Screening Wall Re -Bid and CONTRACTOR's response thereto including, the Instructions to Bidders and proposal guarantee, if any. 5) Payment and Performance Bonds IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ay of K�oQP_aAy X c , 2019. :Citylermont Gail L. Ash, M yor Attest: Tracy Ackroyd Howe, City Clerk 12 Mack Industrief., Inc. d/bhi -,,lack Conrrete Industries, Inc. By:__ ' - (;it;gs . qA qv (Name &'title Printed or Typed) Allrate ecretary (Name Printed or Typed) 13 EXHIBIT A REVISED SECTION •- C PRICE SCHEDULE NOTE: The quantities shown in the Price Schedule are estimates only and may vary from actual quantities. By signing this form, the respondent fully acknowledges that there will be no additional compensation (no overhead, no anticipated profits, etc.) other than the unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. Ls = Lump Sum SF Square Feet Base Bid: Final Completion Lump Sum Price (Items 1-6) (words) TIn(�CC 1 1 norD `uje ONe lfnwSA� Sturm H�,�.aQrp 5C vrti t-y Af t A/ X: (Figures) $ a i 60 •r�-.�. 1 1.31.�Y.{Y_]li-'i�A,�!�.f�°F.li i Option 1: Pre -Engineered Aluminum '��lYi lJ��iAi. i [ iiN��!�u- r 7 3,000 SF $ $ Canopy I 8 Option 2: Pre -Engineered Steel 3,000 SF $ $ canopy N 0 BiD RFB No: 20-005 Page 16 of 55 REVISED St:C1'I©N _• C PRICE SCHEDULE Base Bid + Option 9 Aluminum Canopy: Final Completion LumpSum Price (Items 1-7) (Words) --- #-- -- Base Bid C%t'ton 2:.Stee) 9anop Final Born, letion-l-qmp i�t „t;rice (Itell1.;1-6, 8) (Wards)--__-i'D- (Iigures) Contractor's Days to Substantial Completion: / 80 Calendar Days. Not to exceed: One -Hundred Eighty 180 calendar days from Notice To Proceed To Substantial Completion. Final Completion Not To Exceed Thin 30 Calendar Da s Thereafter. 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. 1a=F�!�•.iil�i=1+1�{{{4ivi�r�i+iJlsU r•{u5i :h?Iu=4l�P';° Company Name (print): cn Y fi �n A /� C- Street Address: 4 119 C/Z cS f Melling Address (if different): ./ A- Telephone: —3 Sa r -7Lt a^ 9:7 Fax: Emit ON J t r�_k egc . Payment Terms: qa days, net 3 FEIN: 7j - cv Professional. License No.: eG -LOSS (Sj J Sign Date: C C—R 16 Print Name: l ., 7,1tuA/ Title: V P Does fhe respondent accept payment using the City's MASTERCARD? [5Yes ❑ No END OF SECTION - C RFB No: 20-005 Page 16 of 65 SECTION — K BONDS 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, Bond No. 30078819 KNOW ALL MEN BY THESE PRESENTS: Mack Concrete Industries, Inc., 23902 County Road 561, Astatula, FL 34705 (Full name and address or legal title of CONTRACTOR) as Principal, hereinafter called CONTRACTOR, and Western Surety Company 151 N, Franklin Street, Chicago, IL 60606 (Fun 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: Three Hundred Twenty One Thousand Seven Hundred Seventy Nine and 00/100 (Dollar Amount In Words) 321, 779.00 (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 , entered into a Contract with OWNER forSunburst Water Treatment Plant Screening Wallin accordance with Drawings and Specifications prepared by % T ti 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, RFB No: 20-005 Page 35 of 55 SECTION — K BONDS 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: 20-005 Page 36 of 55 SECTION o K BONDS THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS. 21st DAY OF 2019. Mack Concrete Industries. (Principao (Seal) BY: imanuai Signature) (Titre) Western Surety Company (Surety) (Seal) J�7 .✓�,LtP1�,uB /�'1 - 'Y1�1't�Cx� �vpf�tq�%�. SEAL By: (M ial Slyn re) Amy M. Perdue (Witness) Power of Attorney attached hereon: Attomev-in-F (Wile) WA (Resident Agent as ARorney-in•Fact) Overmyer Hall Associates 1600 W. Lane Avenue, Suite 200 Columbus, OH 43221 (Address) 614-453-4400 (Telephone Number) RF8 No: 20.005 Page 37 of 66 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gregory R Overmyer, Jack Kehl, Stephanie M White, Amy M Perdue, Nicole Murray, David Catanese, Individually of Columbus, OH, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seat to be hereto affixed on this 19th day of April, 2019. 'rfc WESTERN SURETY COMPANY loPp01 s �e�'Sg A�•l/iK5 4.ullB.flal, Vice President State of South Dakota ss County of Minnehaha On this 19th day of April, 2019, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR June 23, 2021 sounsorxarw� J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is sti I in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2/s't� day of Akotree e e- WESTERN SURETY COMPANY W ci -k OCA4,�F:� L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasuretv..com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. SECTION — K BONDS 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. Bond No. 30078819 KNOW ALL MEN 13Y THESE PRESENTS: That Mack Concrete Industries Inc.. 23902 County Road 561. Astatula. FL 34705 (Full name and address or legal title of CONTRACTOR) as Principal, hereinafter called CONTRACTOR, and Western Surety Company 151 N. Franklin Street, Chicago, IL 60606 (Full name and address or legal Lille of Surely) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont as Obligee, hereinafter called OWNER, in the amount of: Three Hundred Twenty One Thousand Seven Hundred Sevent; Nine and 001100 (Dollar Amount in Words) ($ 321,779.00 j (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 �;; it ,LLL Z (7 t�l , entered into a Contract with rst e'7reatment and OWNER for the construction Aenbubumn afl in accordance with Drawings and Specifications prepared by` y-A -` -r,%g 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. M-13 No: Zu-UUb Page 38 of 55 SECTION — K BONDS 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. RFB No: 20-005 Page 39 of 55 SECTION — K BONDS 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 21st DAY OF November 2019. r Mack Concrete Industries In . _ / (Prku:IpaQ ) nags)B \ Y: _rl,a.a r- - (WHness) Power of Attorney attached hereon: oe (THIS) Western Surety Comaan (surety) (Sea]) By �4RPi1BAT� (M o I sign ure) Am4me, ue SAL Attor ay -In -Fact ' (TRIO) N/A (Re"rit Agent as AHorney-In-Fad) Overmyer Hall Associates 1600 W. Lane Avenue, Suite 200 Columbus, OH 43221 (Address) 06 No: 20-005 Page 40 of 55 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Nien By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gregory R Overmyer, Jack Kehl, Stephanie M White, Amy M Perdue, Nicole Murray, David Catanese, Individually of Columbus, OH, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of April, 2019. y�ry WESTERN SURETY COMPANY 4o f �L4CAMx � 4'ny cs°" 'uul T. BruFlat, Vice President State of South Dakota I ss County of Minnehaha On this 19th day of April, 2019, before me personally came Paul T. Bruflat, to me known, who, being by me duty sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires A MOHR iPP, 0 Mc June 23, 2021 k�S ewma oth CERTIFICATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WF,STFRN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the I3y-Law of the corporation printod on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this -264 day of _Q& ✓e Li&Lef , zo . i"nETro WESTERN SURETY COMPANY �QOAgr Crj��, L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. WESTERN SURETY COMPANY Sioux Falls, South Dakota Statement of Net Admitted Assets and Liabilities Datember 31, 2019 ASSETS Bonds S 1,935,428,756 Stocks 22,070,811 Cash, cash equivalents, and short-term investments 28,110.934 Receivables for securities Investment income due and accrued 17,684,883 Premiums and considerations 48,092,741 Amounts recoverable from reinsurers 2,689,618 Current federal and fareign income tax recoverable and interest thereon 109,624 Net deferred lax asset 11,721,995 Receivable from parent. subsidiaries, and affiliates 11,902,908 Other assets 23.233 Total Assets S 2.083.835.493 Losses S 210656,892 Low adjustment expense 59,374,620 Commissions payable, contingent commissions and other similar charges 10,355,619 Other expanses (excluding taxes, license and fees) - Tom, License and lies (excluding federal and foreign income taxes) 3,752,460 Federal and foreign income taxes payable 1,295,647 Unearned premiums 240.938,348 Advance premiums 5,412,052 Ceded reinsurance premiums payable (net ofceding comissions) 61,346 Amounts withheld or retained by company for account of others 5,262,414 Provision for reinsurance IBZ 147 Payable to parent, subsidiaries and oniliates - Payable on security transactions . Other liabilities 76.602 Total Liabilities S 542,268,146 Surplus Account: Common stock S 4,000,000 Gross paid in and contributed surplus 280,071,837 Unassigned funds 1,257,495,510 Surplus as regards policyholders S_ _ 1,541,567,347 Total Liabilities and Capital S 2,093,835.493 I, Victoria Baitrus, Vice President of Western Surely Company hereby ccrdlj that the above is an accurate representation of the financial statement of the Company dated December 31, 2018, as tiled with the various Insurance Departments and is a true and correct statement of the condition of Western Surety Company as of that date. WESTERN SURETY COMPANY Vice President Subscribed and swam tome thisZrday of March 2019 My etxnmibsion expires: • "OFFICIAL SEAL" uy_ - CFIRISTOPHER LOPATOWSKI : Notary Parb ie Notary Public, Stato of Illinds ; i My `Commisato aExplras 010141=20