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2006-29NOTICE OF AWARD October 24, 2006 GWP Construction, Inc. (Contractor) REFERENCE: NOTICE OF AWARD - CLERMONT/MINNEOLA POTABLE WATER INTERCONNECT The OWNER has considered the BID submitted by you for the above-described WORK in response to its Advertisement for Bids dated 09-12-06, and Information for Bidders. You are hereby notified that your BID has been accepted for Clermont-Minneola Potable Water Interconnect Project, in the amount of One Hundred Thirty Eight Thousand one hundred ninety six dollars ($138,196). You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S PERFORMANCE BOND, PAYMENT BOND, and CERTIFICATES OF INSURANCE within ten (10) calendar days from the date of this NOTICE to you. You are hereby notified that you are the apparent successful Bidder on the Project noted above. Upon compliance with the conditions, precedent to being fulfilled by you within the time specified, the AGREEMENT will be executed and delivered to you. Enclosed are the following: No. Copies Item 1 Agreement Between Owner and Contractor I Performance Bond 1 Payment Bond 1 Notice from Insurance Agent or Broker 1 Notice of Award 15 NOTICE OF AWARD PAGE TWO Please take the following actions: 1.) Execute Agreement and Seal. 2.) Have your insurance company complete the Notice from Insurance Agent or Broker and return along with all required certificate(s) of insurance meeting requirements of the contract. 4.) Return all original copies of Agreement, Bonds, and Insurance Certificates to: City of Clermont Attn: Engineering 685 W. Montrose Street Clermont, Florida 34711 We will return a fully executed copy of the contract documents to you along with a NOTICE TO PROCEED. If you fail to execute said AGREEMENT and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all of your rights arising out of the OWNER'S acceptance of your bid as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE of AWARD to the OWNER. Dated this ~S day of NoV E.r~- 8 f~ 2006. City of Clermont B ~ i~~'r~~ ~- mot, ~ ~1G~~C:~y.__ y Tamara Richardson, P.E Director of Engineering and Utilities 16 NOTICE OF AWARD PAGE THREE Section 1.01 ACCEPTANCE OF NOTICE Re/c~eipt of/t~he a/blove NOTICE OF AWARD is hereby acknowledged by: Name of Corporation, Partnership, or Individual this the ~ ~ St day of 1V pl/L~l`Y) /~'~'" 2006. By: ~ /~ Title: ~~~ S 17 CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this ~.~ day of ~p~ Q(" 2006, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "OWNER"), and GWP Construction, Inc. (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I -SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in the specifications entitled: CLERMONT/MINNEOLA POTABLE WATER INTERCONNECT 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, and subject to addition and deductions as provided in the Contract Documents, the Compensation Schedule, attached hereto and incorporated herein as Exhibit "A" and the Unit Price Schedule, attached hereto and incorporated herein as Exhibit "B." The total contract sum shall not exceed One Hundred Thirty Eight Thousand one hundred ninety six DOLLARS ($138,196. ARTICLE III -COMMENCEMENT AND COMPLETION OF WORK 1.) The CONTRACTOR shall commence work within 10 calendar days after receipt of (i) Notice to Proceed, and (ii) receipt of three (3) sets of conformed plans, and (iii) receipt of all survey data as required to perform construction layout, and (iv) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within ~ days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified by the Architect/Engineer when construction is sufficiently complete, in accordance with the Contract Documents, so the OWNER can occupy or utilize the work or designated portion thereof for the use for which it is intended. 18 2.) The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3.) The CONTRACTOR further declares he has examined the site of the work and that from personal knowledge and experience or that he has made sufficient investigations to fully satisfy himself that such site is correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted and construed by the Project Architect/Engineer, and his decision shall be final and binding upon all parties, provided the OWNER agrees. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the OWNER or by any agent or representative as in compliance with the terms of this Contract and/or of the Drawings, Plans and Specifications covering said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Contract and/or the Drawings and Specifications covering said work; and the OWNER may require the CONTRACTOR and/or his Surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and or acceptance of any such work or material, are found to be defective or to fail and in any way to comply with this Contract or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The CONTRACTOR shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the CONTRACTOR and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his Surety, who shall in any event be jointly and severally liable to the OWNER for all damages, loss and expense caused to the OWNER by reason of the CONTRACTOR'S breach of this Contract and/or his failure to comply strictly and in all things with this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 4.) As-built drawings, warranties acceptable to OWNER must be submitted to the OWNER before final payment will be made to the CONTRACTOR. 19 ARTICLE IV -LIQUIDATED DAMAGES l.) It is mutually agreed that time is of the essence in regard to this Contract. Therefore, notwithstanding any other provision contained in the Contract Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the Notice to Proceed, or any authorized extension thereof, CONTRACTOR shall pay to OWNER the sum of TWO HUNDRED FIFTY Dollars ($250) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date; which sum shall represent the damages sustained by the OWNER, and shall be considered not as a penalty, but in liquidation of damages sustained. Contractor shall pay the liquidated damages amount contained herein to Owner within fifteen (15) days of receipt of Owner's written demand for such payment. 2.) For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day schedule for protection. ARTICLE V -PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: 1.) CONTRACTOR shall submit a progress payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. Upon CONTRACTOR'S signature accepting the PARTIAL PAYMENT AUTHORIZATION, the Owner shall make a partial payment to the Contractor, within thirty (30) calendar days, on the basis of a duly certified and approved estimate by the OWNER and the Engineer, for work performed during the preceding calendar month under the Contract. To insure proper performance of the Contract, the OWNER shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. 2.) Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the OWNER, final payment on account of this Agreement shall be made within thirty (30) calendar days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the OWNER. 20 ARTICLE VI -ADDITIONAL BONDS It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bonds hereto attached for its faithful performance and payment of labor and materials, the OWNER shall deem the Surety or Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance and payments of the work, the CONTRACTOR shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER to do so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed due under this Agreement until such new or additional security for the faithful performance and for payment of labor and materials of the work shall be furnished in manner and form satisfactory to the OWNER. ARTICLE VII - DISPUTE RESOLUTION -MEDIATION 1.) Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2.) The Owner and Contractor shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3.) The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VIII -INSURANCE AND INDEMNIFICATION RIDER l.) 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 21 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, $ I ,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3.) Subcontractor's Public Liability and Property Damage Insurance -The Contractor shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4.) Owner's and Contractor's Protective Liability Insurance -The Owner shall procure and furnish an Owner's and Contractor's Protective Liability Insurance Policy with the following minimum limits: (a) Bodily Injury Liability & $1,000,000 Each ($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit 5.) "XCU" (Explosion, Collapse, Underground Damage) -The Contractor's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 6.) Broad Form Property Damage Coverage, Products & Completed Operations Coverages -The Contractor's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. 7.) Contractual Liability Work Contracts -The Contractor's Liability Policy shall include Contractual Liability Coverage designed to protect the Contractor for contractual liabilities assumed by the Contractor in the performance of this Agreement. 8.) Indemnification Rider (a) To cover to the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the 22 performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) ,and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the Owner or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The Contractor hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner for the indemnification provided herein. 9.) Builder's Risk Coverage -The Contractor shall take out and maintain during the life of this Agreement a "Builder's Risk Policy" completed value form, issued to provide coverages on an "all risk" basis including theft. This coverage shall not be lapsed or canceled because of partial occupancy by the Owner prior to final acceptance of the Project. The Owner may elect to take out and maintain this insurance coverage. Should the Owner purchase said insurance, the insurance policy shall have a deductible for each occurrence of $5,000.00. The Contractor shall be responsible for losses up to the amount of the deductible. ARTICLE IX -NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. 23 CONTRACTOR: GWP Construction, Inc 4125 NW 44th Ave Ocala, Florida 34482 OWNER: City of Clermont Attn: Wayne Saunders, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE X -MISCELLANEOUS 1) Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2) Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3) Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4) Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5) Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by contractor. 6) Assignment. This agreement is personal to the parties. hereto and may not be assigned by contractor, in whole or in part, without the prior written consent of city. 7) Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8) Applicable Law. This agreement and any amendments hereto are executed and 24 delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9) Records. Contractor expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. Contractor expressly agrees that it will comply with all requirements related to said law and that it will hold city harmless for any such disclosure related to Florida's Public Records Law. ARTICLE XI -CONTRACT DOCUMENTS The Contract Documents, as stated in the Instructions to Bidders and herein made a part, are as fully a part of this Contract as if herein repeated. Document Precedence: 1) Contract Agreement 2) Technical Plan and Specifications 3) All documents contained in RFP No.: CLERMONT/MINNEOLA POTABLE WATER INTERCONNECT and CONTRACTOR'S response thereto. 4) General Requirements 4) Instructions to Bidders 6) Drawings 7) Payment and Performance Bonds 8) Proposal Guaranty [signatures on next page] 25 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this~rµday of ~~~ ~ k,~ , 2006. City of Clermont arold S. Turville, Jr., Mayor ;~ ~., Attest• /'~~' If a corporation, affix corporate -.seal and have corporate secretary fittest. By: Si ature ~, ~ ~ s (Na e/Title Printed Typed) 4 ~ ~Z 5`~ til W ~ ~~' ~+V ~ Address ~-~ p~.IG~ Florida ??~~~' ~~2-~-3~~-2y~z. (Telephone Number) Atte t: Corporate cretary ~~~ru~ ~ ~~~ s (Name Printed or Typed) 26 EXHIBIT "A" COMPENSATION SCHEDULE Compensation shall be in accordance with the Contract Agreement and as follows: 27 EXHIBIT "B" UNIT PRICE SCHEDULE Unit prices attached hereto shall be apart of the agreement. Section 1.02 PERFORMANCE BOND (i) 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 legal title of CONTRACTOR) as Principal, hereinafter called CONTRACTOR, and (Full name and address or legal title of Surety) THESE PRESENTS: _(Full name and address or as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont, as Obligee, hereinafter called OWNER, in the amount of: 1) One Hundred Thirty Eight Thousand One Hundred Ninety Six Dollars (Dollar Amount in Words) ($ 138,196 ) (Dollar Amount in Numbers) (Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, CONTRACTOR has by written Agreement dated ,entered into a Contract with OWNER for: in accordance with Drawings and Specifications prepared by for the OWNER, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR shall promptly and faithfully perform said Contract, then this obligation 28 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 inay 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 accordaiic~ w~th~it~=terms and conditions, and upon determination by Surety of the lowest resporsible 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 (evert thon~i tliei=e=should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay tie cost of completion less the balance of the Contract price; but not exceeding,-including other costs and damages for which the Surety maybe liable hereunder, the amount set forth in the first paragraph hereof. The tern "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 fo 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 ili 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 29 labor or delivery of the materials or supplies and of the nonpayment. 6.) Other than a suit by OWNER, no action shall be instituted against the Principal or -the Surety on the bond after one (1) year from the- performance of the labor or completion of delivery of the materials or supplies. No right of action shall accrue on this bond to or for the use of any person or corporation other than the OWNER named herein or the heirs, executors, administrators or successors -of the OWNER; '-< THE FOREGOIN PERFORMANCE BOND WAS SIGNED AND: SEALED THIS ~_ DAY OF .~ 2006. (Principal) (Seal) ~~ _ ~ h - (Witness By: ` (Ma a1 Signature) ~ ~ ~.~ "` G~~P[~' (Surety) (Seal) (Witness) By: _ (Manual Signature) _ - _ (Title) (Resident Agent as .Attorney-in-Fact) ,. _ _ (Witness) _. (Address) (Telephone Number~_ Power of Attorney attached hereon: 30 E-5 RIDER TO PERFORMANCE BOND PUBLIC WORK -- STATE OF FLORIDA PURSUANT TO FLORIDA STATUTE SEC. 255.05 Article II. AGREEMENT made this ~ I s+ day of ~:) o~ e ~1c,.p ~- 2006, between ~'~~~ ~ ~ffa ~~ ~ n/ (hereinafter called the "PRINCIPAL") and (hereinafter called the "SURETY") and the City of Clermont (hereinafter called the "OWNER"). WHEREAS, on the day of 2006, the parties hereto entered into a Performance Bond, a copy whereof is hereto attached and incorporated herein by reference, and WHEREAS, said parties have weed to add certain terms to said Performance Bond to conform with Florida Statute 255.05; NOW, THEREFORE, it is agreed that the said Performance Bond pertaining to is hereby amended to include the following provisions: Other than a suit by the OWNER, no suit or action for labor, materials, or supplies shall be instituted hereunder against the PRINCIPAL or the SURETY unless both of the following notices have been given by the claimant. "A claimant, except a laborer, who is not in privity with the PRINCIPAL and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the PRINCIPAL with a notice that he intends to look to the bond for protection, and A claimant who is not in privity with the PRINCIPAL and who has not received payment for his labor, material, or supplies shall, within 90 days after performance of the labor or after complete delivery of materials or supplies, deliver to the PRINCIPAL and to the SURETY written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. Other than a suit by the OWNER, no action shall be instituted, against the PRINCIPAL or the SURETY on the bond after one (1) year from the performance of the labor or 31 completion of delivery of the materials or supplies." E-5 -RIDER TO PAYMENT BOND It is the express agreement that all other terms, conditions, and stipulations contained in the said Performance Bond shall remain in full force and effect and without any change or modifications whatsoever, except only as to the additions, as above provided. Principal: By: Surety: By: Accepted: City of Clermont (OWNER) Harold S. Turville, Jr., Mayor 32 NOTICE TO PROCEED TO: GWP Construction, Inc. PROJECT: Clermont/Minneola Potable Water Interconnect AMOUNT OF CONTRACT: $13 8,196 DATE: November 15, 2006 You are hereby notified to commence work on the above referenced contract on or before November 16, 2006, and shall substantially complete all of the work of said contract within 90 consecutive calendar days thereafter. Therefore, your SUBSTANTIAL COMPLETION DATE is February 14, 2007. FINAL COMPLETION shall be thirty (30) days thereafter, March 16, 2007. The contract provides for an assessment of the sum of $_250.00 as liquidated damages for each consecutive calendar day contractor fails to complete the performance milestones set forth in the Liquidated Damages Milestone Schedule attached hereto, including, but not limited to, the above substantial completion date; and $ $250.00_ as liquidated damages for each consecutive calendar day after the above final completion date, that the work remains incomplete. Upon execution of this document, you are authorized to arrange a Preconstruction Conference meeting with the City of Clermont. Please call (352)241-7335 to schedule this meeting. The following items, if not already submitted, must be submitted at the time of the Preconstruction Conference: 1.) Construction Progress Schedule 2.) Any revisions to Subcontractor List (if applicable). 33 PAGE TWO NOTICE TO PROCEED Dated this ~ S day of Nu~~A€~- 2006. City of Clermont Tamara Richardson, Dir of Engineering &Utilities ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed and Authorization to Schedule Preconstruction Conference is hereby acknowledged this ~~ day of ~c~j,~c~ {-- 2006. ts~ LC.J l ~t~ til S-~f7,1 C7Ze~ ru . !nC By: J Title: ~~ ~-~ 34 F~ORIdA S U R ETy BONdS, I NC. 620 N. WymoaE Road, SuirE 200 MAIT~ANd, FL 32751 407.786.7770 FAx 407.786.7766 435 S. RidgEwood AvE., SuirE 203 DAyroNA BEACH, FL 321 14 386.898.0507 Fax 386.898.0510 888.786-BOND (2663) FAx 888.718-BOND (2663) wWw. F~ORIdASU RETyBONdS.COM November 20, 2006 City of Clermont 685 W Montrose St. Clermont, Florida 34711 Re: Authority to Date Bonds and Powers of Attorney Principal: GWP Construction, Inc. Bond No.: 54-163891 Project: Clermont/Minneola Portable Water Interconnect, intersection of South Ridge Road and South Road, Clermont FL; construct 12" watermain interconnect Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please fax a copy of the bonds to our office. Sincerely, United Fire & Casualty Company -- IJatricic~ L. Slaughter Attarnev-in-Fact and Florida Licensed Resident Agent THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.: 54-163891 Executed in 3 Counterparts AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that GWP Construction, Inc. 4125 NW 44th Avenue, Ocala, FL 34482 (352) 351-2412 as Principal, hereinafter called Contractor, and, United Fire & Casualty Company 118 Second Avenue SE, Cedar Rapids, IA 52401 (319) 399-5700 (Here insert full name and address or legal title of Contractor) (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Clermont 685 W Montrose St., Clermont, FL 34711 (352) 394-4083 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED THIRTY-EIGHT THOUSAND ONE HUNDRED NINETY-SIX Dollars ( -----$138,196.00----- ), AND NO/100THS for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here insert full name and address and description of project) entered into a contract with Owner for Clermont/Minneola Portable Water Interconnect, intersection of South Ridge Road and South Road, Clermont FL; construct 12" watermain interconnect in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND• .AIA ® 1 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 oRlda 620 N Wymore Road, Suite 200 I~ Maitland, Florida 32751 ~$ r?[Ty Phone: (407) 786-7770 t90NC~S IvC. Fax: (407) 786-7766 PERFORMANCE BOND 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, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination 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. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. 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, adminis- trators or successors of the Owner. THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. Signed and sealed this Witness) y (Witness) Patricia L. Slaughter, Efiitle) Attorney-in-Fact & Florida Licensed Resident Agent Inquiries: (407) 786-7770 day of G`VP Construction, Inc. (Principal) (Seal) i~ ~~ (Title) United Fire & Casualty Company ~ (Surety) (Seal) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND• •AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THE AMERICAN INSTITUTE ~OF ARCHITECTS Bond No.: 54-163891 Executed in 3 Counterparts AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that GWP Construction, Inc. (Here insert full name and address or legal title of Contractor) 4125 NW 44th Avenue, Ocala, FL 34482 (352) 351-2412 as Principal, hereinafter called Principal, and, United Fire & Casualty Company (Here insert full name and address or legal title of Surety) 118 Second Avenue SE, Cedar Rapids, IA 52401 (319) 399-5700 as Surety, hereinafter called Surety, are held and firmly bound unto City of Clermont 685 W Montrose St., Clermont, FL 34711 (352) 394-4083 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of ONE HUNDRED THIRTY-EIGHT THOUSAND ONE HUNDRED NINETY-SIX AND NO/100THS (Here insert a sum equal to at least one-half of the contract price) Dollars ( -----$138,196.00----- for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ,entered into a contract with Owner for (Here insert full name and address and description of project) Clermont/Minneola Portable Water Interconnect, intersection of South Ridge Road and South Road, Clermont FL; construct 12" watermain interconnect in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND• •AIA ® 3 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ORIdA 620 N Wymore Road, Suite 200 Maitland, Florida 32751 RFTy' Phone: (407) 786-7770 i~(~S IVC. Fax: (407) 786-7766 LABOR AND MATERIAL PAYMENT BOND 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 material 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 fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the 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. No suit or action shall be commenced hereunder by any claimant: 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 ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action 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 em- bodied 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 sit- uated, and not elsewhere. 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 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. Signed and sealed this (Witness - day of GWP Construction, Inc. (Principal) (Seal) i~r~'s- (Title) United Fire & Casualty Company (Witness) (Surety) (Seal) _~i.. ~ X- ,Oewc.~, Patricia L. Slaughter, `(Title) Attorney-in-Fact & Florida Licensed Resident Agent Inquiries: (407) 786-7770 AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND• •AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 UNITED FIRE 8 CASUALTY COMPANY` • HOME OFFICE -CEDAR RAPIDS, IOWA CERTIFIED COPY OF PQWER OF ATTORNEY (Original on file at Home Office of Company -See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal ofFce in Cedar_Rapids, State of Iowa, does make, constitute and ;: aPPo,int LESLLE M. DONAHUE, OR KIM E. NIV, OR JEFFREY W. REICH, OR SUSAN' L. REICH, OR TERESA L. DURHAM, CIR PATRICIA L. SLAUGHTER, OR J. GREGORY MACKEN21E, OR DEBORAH MAHL', OR `WALTER N. MYERS, OR .DON BRAMLAGE OF DAYTONA BEACH, FL ALL .INDIVIDUALLY Of MAITLAND FL its true and lawful Attorney(s)-in-Fact with power and authority hereby., conferred to sign, sea! and execute in its behalf-all. lawful bonds, undertakings and ocher obligatory instruments of sirnilar nature as follows: Any and Ail Bonds and to'bind UNITED FIRE & CASUALTY COMPANY thereby as fully aril to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE 8 CASUALTY COMPANY' and all the acts of said Attorney,. pursuant to the authority hereby'given-are hereby ratified and confirmed: The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE 8 CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duty adapted by Board of Directors' of the Company on ApriF18, 1973. "Article V -Surety Bonds and Undertakings" :Section 2, Appointment of Attorney-in-Fact. "The President or any Viee President; or any other officer of the Gompany_may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and -the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certfica#ion of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and .effect as: though manually affixed. Such attorneys-in fact, subject to the limitations. set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instrumerts and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. ~„~~ IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by ~s~wt~,, its vice president and its corporate seal to be hereto affixed this 29th. day of June, .2005 COt-6~ATE ~- UNITED FIRE & CASUALTY COMPANY i>E~L ~__ ~~ N~,~ By ~ (,~° ~,~,,,,~ Vice President -State of Iowa, County of Linn, ss: On 29th day. o£ Jvne, 2005, before me personally came Randy A. Ramlo to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State o€ Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal o€ said corporation; that the seal affixed to the said instrument.-isi 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 acknowled es same to be the act and deed of said corporation. ,~ ~*w~ c ~ PATTI WADDELL> ~ ~~(.~ li.~~ ~ ~ co+rrrre0u'il+r~eER 713274 No ary -Public • M COMMI(S~~S,I~O-N~~E~-X7PIRES My commission expires: O ow I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY; do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set faith in said Power of .Attorney; with the ORIGINALS ON FILE.. iN THE HOME OFFICE OF SAII:3 COMPANY, and that the same are correct transcripts thereof, and of the whole of .the said originals,: and that the said Power of Attorney has not been revoked and is now in #ulf force and effect. """"+~~.~ In testimony whereof I have hereunto subscribed my name and affixed the corporate cal of the said Company ~~ ~ this day of 2{7 COttO!>lTE • ~ ~ Secretary BOND00190802 ~JND328bB