2007-28NOTICE OF A~JARI~
TO: Rainey Construction Company
4477 East CR 462
V"Iildwood, Florida 34785
DATE: 3une 12, 2007
Project: Bloxam Avenue Stormwater
Improvements
Tl°~e Owner has considered the Bid Proposal submitted by you for the above described project in
response to its Advertiserr~ent for Bids da±ed April 25, 2007 and Instructions to Bidders.
You are hereby notified that your bid has been accepted for items in the amount
of $1,03$,631.27.
You are required by the Instructions to Bidders to execute the Agreement and furnish the required
Contractor's Performance Bond, Payment Bond, and certificates of insurance within 7 calendar
days from the date of ibis Notice of Award to you.
If you fail to execute said Agreement and to furnish said Bonds within 7 calendar days from the
date of this Native of Award, said Owner will be entitled to consider all your rights arising out of
the Owner's acceptance of your Bid Proposal as abandoned and as a forfeiture of your Bid Bond.
The Owr:er will be entitled to such other rights as maybe granted by la-~.
You are required to return seven (7) duplicate original acknowledged copies of this Notice of
Award to the Owner.
Dated this 18th day of June, 2007,
Clermont, Florida, Owner
By: Tamara Richardson, P.E.
Title: Director of Engineering and Utilities
ACCEPTANCE OF NOTICE
Receipt of the Notice of Award is hereby acknowledged
by Yke. ~Qlvw.t
this 22"`'J day of '~~,~,,,~ , 200.
B
Title ~~~~~~-
SIvIALL CITIES COMIVIUNITY DEVELOPIvIENT BLOCK GRANT PROGI~h.IVI
35
BOND NO. 929422983
PERFORMANCIr_BQND
KNOW ALI, MEN BY 'THESE PRESENTS: THAT We,
_RAINEY CONSTRUCTION COMPANY (hereinafter Called the "Principal"),
whose principal business address is 4477 E. c-462,wa,FtARIDA . 347s5 and whose
telephone number is 352-748_-0955 and
WESTERN SURETY COMPANY (hereinafter called the "Surety"), ,_.
whose principal address is P• o. BOX 5077, sIUUX FALLS,sn 57~,~nd whose telephone number is
605-336-0850 a surety insurer chartered and existing under the laws of the State of
SOUTH DAKOTA and authorized to do business in the State of Florida, are held and firm{y
bound unto Board of City Commissioners, Clermont, Florida (hereinafter called the "Owner"),
whose principal address is P.o.BOX 120219, CLERMONT, FL _34712 ,and whose principal
telephone number Is 352-394-2379 in the sum of
ONE AND 27/100
ONE MILLION, THIRTY-EIGHT THOUSAND, SIX HUNDRED THIRTY- ($ 1.038.631.27 )for _ _
payment of which we bond ourselves, our heirs, our personal representatives,~our successors
and our assignees, jointly and severally,
WHEREAS, Principal has entered Into a contract with Obligee for BLOXAM AVENUE
STORMWATER IMPROVEMENTS in accordance with drawings and specifications, which contract
is incorporated by reference and made a part hereof, and is referred to as the Contract
THE CONDITION OF THIS BOND is that if Prindpal:
i. Performs the Contract at the times and in the manner prescribed in the
Contract; and '
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Prindpal under the Contrack,
including, but not limited to, all delay damages, whether liquidated or actual,
incurred by Obligee; and
3. ~ Performs the guarantee of ail work and materials furnished under the ContracC
for the time spedfied in the Contrail; and '
4. Promptly make all payments to all persons defined in s. 713.01 whose daims
derive directly or indirectly from the prosecution of the work provided for in the
Contract;
then this bond is void; otherwise it rema[ns in full force.
Any changes in or under the Contract and compliance or noncompliance witfi any
formalities connected with the Contract or the changes do not affect Surety's obligation under
this bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, aiteradons or additions to the terms of the Contract or other work to be
performed hereunder, or the spedfications referred to therein shalt in anyway affect its
obligation under this bond, and it does hereby waive notice of any such changes, extensions of
Y-2
time, alterations or additions to the terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is
expressly understood the time provisions and statute of limitation under Section 255.05 Florida
Statutes, shall not apply to this bond.
In no Avent shall the Surety be liable in the aggregate to Obligee for more than the
penal sum of this Performance Bond regardless of the number of sups that may be filed by
Obligee. By execution of this bond, the Surety acknowledges that it has read the Surety
qualifications and obligations Imposed by the construction contract and hereby satisfies. those .
conditions.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
this 19TH day of JUNE . 20 07, the name of each party being affixed _
and these presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL:
RAINEY CONSTRUCTION COMPANY
By:
(Authorized Sign ture)
(Printed Name)
~~~~a~
(Title)
4477 E. C-462
WILDWOOD, FLORIDA 34785
(Business Address)
STATE OF t L
COUNTY OF Su~wt~•
The forgoing instrumenk was acknowledged before me this 1 u.+-~- ~°i<<z~so'7
by ~1cc~0.~wu
of a'~ ~ n.~. a
~l~oY,c~.~. orporation, on behalf of the Corp ration. He/She is personally known
.for has produced Florida Driver's License as identification and wh id (dld not) take an
oath.
NOTARY.
fNATHEW P. BASS Print Name. W(a~-c.J ~ ~`~"g
Notary Public, State of Florida COMMISSION NUMBER: P p 4 ~ ~4~ S
My comm. exp. Apr. 10, 2009 My commission expires: ~; ~ Int Zug
Camm. No. DD 416935
Y-3
i3ONQ NO. 929422983
Witness as to Surety
Witness as to Surety
Wit ss a Attorn act
Witness as Attorney In Fact
STATE OF FLORIDA
COUNTY OF ORANGE
SURC=TY: WESTERN SURETY COMPAI3Y
By:
(Authorized Signature}
(Printed Name}
(Tide)
(Business Address)
OR
_ ~~ _ ~ _
As Attorney In Fact (Attach Power of Attorney)
& RESIDENT FLORIDA AGENT
FRANCIS T O'REARDON
(Printed Name)
P. 0. DRAWER 672
ORLANDO, FLORIDA 32802
(Business Address)
(407) 843-1120
(Telephone Number)
The forgoing instrument was acknowledged before me this JUNE' 19, 2007
by FRANCIS T. O'REARDON
of WESTERN SURE COMPADI~ SOUTH DAKOTA COrporatl0n, _
on behalf of the Corporation. He/She is personaity known to me or has produced Florida
Driver`s license as identification and who did (did not) take an oath.
~•``~sY ";~, Joann H. Bebout
~~• •~•` ' NOTARY:
_~~ ;* Commission # DD406298 print Na e' JOANN x. BEBOUT
""~j•~ ~`' Expires Juiy 12, 2009
-.«;,, ~~ ~anR+dTloyFam.~,,,~,,~,,,,~~~.,p,$ COMMISSION NUMBER: DD406298
My commission expires: JULY 12, 2009
Y-4
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
Todd L Johnson, Joseph D Johnson Jr, Francis T O Reardon, Individually
of C71ando, FL, 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, aze hereby ratified and confnmed. ,
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 Whereot WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 11 th day of October, 2006.
State of South Dakota
ss
County of Minnehaha
?~Errco WESTERN SURETY COMPANY
sAm pP~Rq 4=
=WiVO lam'=~
s~~ p{~p 3
Paul . Bruflat, Senior Vice President
On this l lth day of October, 2006, 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 Senior 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 s"'""`'`'''`'''""''''''`'s`'`'''"`''' j
f D. KRELL j
November 30, 2012 i S AE L NOTARY PUBLIC tsAS ~ s
r SOUTH DAKOTA +
4tieSSaSStitititiaaS~,asSSS~.Sti ~
D. Krell, No ary 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 still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 19TH day of JUNE 2007
r,uacr' ~+„y WESTERN SURETY COMPANY
~~
=,W~! Q,POAq ~;~q
_W`40 !i^~Ti_
•l'SE A~' ? is
c;~ .
s3'pur D,vi
w+
L. Nelson, Assistant Secretary
Fonn F4280-09-06
BOND NO. 929422983
PAYMENT BOND
BY THIS 60ND, We, RAINEY CONSTRUCTION COMPANY (hereinafter called
the "Principal"), whose principal business address is 4477 E. c-462, WILDWOOD, FL 34785
and whose telephone number is 352-748-0955 and
,.
WESTERN SURETY COMPANY (hereinafter called the "Surety"), whose _ ,
principal address is P.o. Box 5077, Slog FALLS,SD 57117 _, and whose telephone number is
605-336-0850 a surety insurer chartered and existing under the laws of the State of
SOUTH DAKOTA and authorized to do business in the State of Florida, are he{d and firmly
bound unto Board of City Commissioners, Clermont, Florida (hereinafter called the "Owner"),
whose principal address is P.o.BOX 120129, Q~tr~rrr,FL 34712 and whose principal telephone
number is 352-394-2379 in the sum of
THIRTY-ONE & 27/100
ONE MILLION, THIRTY-EIGHT THOUSAND, SIX HUNDRED($ 1,038,631.27 1 for payment of
which we bond ourselves, our heirs, our personal representatives, our successors and our
assignees, jointly and severally.
WHEREAS, Principal and Owner have reached a mutual agreement (hereinafter
referred to as the "Contract") for BLOXAM AVENUE STORMWATER IMPROVEMENTS said
Contract being made a part of this Bond by this reference.
NOW, THEREFORE, TH1= CONDITION OF THI5 BOND TS THAT IF THE PRINCIPAL:
i. Shall promptly make payments to alt claimants as defined in section 255.05(1),
Florida Statutes, supplying the Principal with labor, materials or supplies, as
used directly or indirectly by the Principal in the prosecution of the work
provided for in the Contract; and
2. Shall pay the Owner for all losses, damages, expenses, costs and attorneys'
fees, including those resulting from appellate proceedings, that the Owner
sustains because of a default by the Principal in contravention to the Contract
in regard to payment for such labor, materials, or supplies furnished to the
Principal;
then this bond is void; otherwise this Bond remains in full force and effect.
BE 1T FURTHER KNOWN:
1. Any changes In or under the Contract and compliance or noncompliance with
any formalities connected with the said Contract or alterations which may be
made in the terms of the said Contract, or in the work to be done under it, or
the giving by the Owner of any extension of time for the performance of the
said Contract, or any other forbearance on the part of the Owner or Principal to
the other, shall not in any way release the Principal and the Surety, or either of
them, their heirs, personal representatives, successors or assigns from liability
hereunder, notice to the Surety of any such changes, alterations, extensions or
forbearance being hereby waived.
Y-5
BOND NO. 929422983
Z. Certain claimants seeking the protection of this Bond must timely comply with
the strict requirements set forth in Section 255.05, Florida Statutes, and as
otherwise provided by law.
3. The Provisions of this bond are subject to the limitations of Section 255.05(2).
By execution of this bond, the Surety acknowledges that it has read the Surety qualifications
and obligations imposed by the construction contract and hereby satisfies those conditions.
THIS BOND DATED THE 19TH DAY OF JUNE 20~Q1(the
date of issue by the Surety or by the Surety's agent and the date of such agenCs
power-of-attorney}.
Signed, sealed and delivered in the presence of:
• PRINCIPA4:
RAINEY CONSTRUCTION COMPAN ~_
By:
(Authorized 5igna re)
(Printed Name
~~~~~~-
(Title)
4477 E. C-462
WILDWOOD, FL 34785
(Business Address)
STATE OF ~L
COUNTY OF ~'u~~
The foregoing instrument was acknowledged before me this ~~ 1 q ~ 200"7
by et2 ` ~ i _
a 'irlor.,~a orparation, on behalf of e
Corporation. • He/she is person Ily known to me or has produced Florida Driver's Ucense as
identification and who did (did not) take oath. •
NOTARY:
MA7HEW P. BASS Print Name ~a~~J~ ASS
COMMISSION NUMBER: ~O N ~ 10435
Notary Public, State of Florida ` Ip~~oo9
My comm. exp.• Apr.10, 2009 My commission expires: ~~
Comm. No. DD g1fi935
Y-6
BOND NO. 929422883
Witness as to Surety
Witness as to Surety
SURELY: WESTERN SURETY COMPANY
By:
(Authorized Signature)
(Printed Name)
(Title)
(Business Address)
OR
~~
Wi ess as Atto n Fact As Attorney In Fact (Attach Power of Attorney)
& RESIDENT FLORIDA AGENT
FRANCIS T. O'REARDON
Witness as Attorney In Fact (Printed Name)
P 0 DRAWER 672
OR 0, F~ORTDA ~ Rfl~
(Business Address)
(407) 843-1120
(Telephone Number)
Y-7
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
Todd L Johnson, Joseph D Johnson Jr, Francis T O Reardon, Individually
of Orlando, FL, its tme and lawful Attorneys}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 instmments 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 confu7ned. ,
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 Senior Vice President and its corporate seal to
be hereto affixed on this 11th day of October, 2006.
`~y,p`erro WESTERN SURETY COMPANY
=We4pPORgl~„ a`
@ V r ~~__`
~~r/f pP~~ ``
Paul . Btuflat, Senior Vice President
State of South Dakota
ss
County of Minnehaha
On this l Ith day of October, 2006, 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 Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instmment; that he knows the seal of said corporation; that the seal allured to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Boazd 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 fSSSSSSSSSSaSSSSStiyssSStia }
f D. KRELL i
November 30, 2012 i SEAL NOTAtiY PUBLIC Eas ~ s
s SOUTH DAKOTA s
r
~'SSSSSSSSSSSSSSSSSSSSSSS }
D. Krell, No ary 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 still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 19TH day of JUNE 2007
,~sut<er'~,
~~,r-.c WESTERN SURETY COMPANY
W'4O rl^jD-
t :2z
+s~ Sf A~'iP
~~
L. Nelson, Assistant Secretary
Form F4280-09-06
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority'of the following By-Law duty adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
DIVISION X
AGREEiYiENT
THIS AGREEMENT, made and entered into by and between the Board of City Commissioners of
CLERMONT, hereinafter designated the CITY, and
(Name of Firm Corporation, i~artnership or Individual Proprietor)
authorized to do business in the State of Florida, with principal place of business located at
~4?~ ~'as+ CR~ y~e2 ,~~~ 1 ~~~~~. 'Gl_ hereinafter designated the CONTRACTOR,
WITNESSETN:
That for and in consideration of ` the sum ~ofr~s .
Dh ~~ Il i e~ .~i~ ~ x-~ u.~nc~~l~l'~ LU~RS ($ ~. o3Q (o X1.1 ? )
to be paid by the CITY to the CONTRACTOR as herein provided, and in further consideration of
the mutual covenants and promises to be kept and performed by and between the parties
hereto, it is agreed as follows:
A. .THE CONTRACTOR AGREES:
1. To famish aN services, labor, materials and equipment necessary for the
complete pertormance, in a thorough and workmanlike manner, of the work contemplated
under BLOXAM AVENUE STORMWATER IMPROVEMENTS in Clermont, Florida, to comply with
the applicable standards, and to perform all work in strict accordance with the terms of the
Contract Documents, defined in Section D of this Agreement.
2. To commence work under this contract with an adequate force and equipment
within thirty (--30--) consecutive calendar days after receipt of written notice from the CITY to
proceed hereunder, and to substantially complete all necessary work under the same within not
more than one hundred fiftY_ 150 )consecutive calendar days and fully all necessary work
under the same within not more than one hundred eighty 180 consecutive calendar days.
X-1
It is understood and agreed that the date on which the consecutive calendar days will begin to
be charged to the project shall be the thirtieth (30th) calendar day from the date of receipt of
the Notice to Proceed. Time of performance and completion of the work of this contract is of
the essence.
3. That upon failure to complete aH work within the time provided for above, the
Contractor shall pay to the City such sums as shall be determined in accordance with the
Liquidated Damages provision of this contract, and the payment of such sum shall be secured
as provided for therein.
4. That the CONTRACTOR and each subcontractor shaft famish to the CITY, upon
demand, a certified copy of the payroll covering work under this contract, together with such
other information as may be required by the CITY to ensure compliance. with the law and the
provisions of this contract.
5. To procure and maintain all insurance as required by the Instructions to Bidders.
6. To procure and maintain all permits and licenses which may be required by law
in connection with the prosecution of the work contemplated hereunder, except. for those
permits obtained by the City as expressly set forth in Division P of the Contract Documents.
7. To permit any representative(s) of the CITY, at all reasonable times, to inspect
the work in progress or any of the materials used or to be used in connection therewith,
whether such work is located on or off the project site, and to famish promptly, without
additional charge, all reasonable facilities, labor and materials deemed necessary by the City's
Engineer, for the conducting of such inspections and tests as he may require.
8. Unless otherwise provided in the special provisions, conditions and
specifications, to assume liability for all damage to work under construction or completed,
whether from fire, water, winds, vandalism, or other causes, until final completion and
acceptance by the City and notwithstanding the fact that partial payments may have been
made during construction.
X-2
9. No subcontract or transfer of contract shall in any case release either the
Contractor or his surety of any liability under the contract and bonds. The City reserves the
right to reject any subcontractors or equipment.
10. The Contractor shall indemnify, pay the cyst of defense, including attorneys'
fees, and hold harmless the City from all suits, actions or claims of any character brought on
account of any injuries or damages received or sustained by any person, persons or property by
or from the said Contractor; or by, or in consequence of any neglect in safeguarding the work;
or through the use of unacceptable materals in the construction of improvements; or by, or on
account of any act or omission, neglect or misconduct of the said Contractor; or by, or on
account of, any claim or amounts recovered for any infringement of patent, trademark or
copyright; or from any claims or amounts arising or recovered under the "Workers'
Compensation Law" or of any other laws, by-laws, ordinance, order or decree, including any
joint negligence of the City, except only such injury or damage as shall negligence of the City,
except only such injury or damage as shall have been occasioned by the sole negligence of the
City; and so much of the money due the said Contractor under and by virtue of his Contract as
shalt be considered necessary, may be retained by the City or, in case no money is due, his
surety shall be held until such suits, actions or claims for injuries or damages shall have been
settled and suitable evidence to that effect furnished to the City. The City and the Contractor
agree the first $100.00 of the Contract amount paid by the City tv the Contractor shall be given
as separate consideration for this indemnification, and any other indemnification of the City by
the Contractor provided for within the Contract Documents, the sufficiency of such separate
consideration being acknowledged by the Contractor by the Contractor's execution of the
Agreement.
The Contractor shall guarantee the payment of all just claims for materials, supplies,
tools, tabor or other just claims against him or any subcontractor in connection with this
Contract; and his bonds will not be released by final acceptance and payment by the City unless
X-3
all such claims are paid or released.
B. THE CITY AGREES:
To pay to the Contractor the contract price hereinabove specified, as follows:
If progress satisfactory to the City is being made by the Contractor, the Contractor will
receive partial payments, not more frequently than once a month, on this contract as the work
progresses, based upon estimates of the amount of work done less payments previously made.
In each case 10% of the contract amount earned shall be retained until satisfactory completion
and final acceptance of the project, and final compliance by the Contractor with all. terms and
conditions of the Contract Documents. Neither progress payment nor partial or entire use or
occupancy of the project by the City shall constitute an acceptance of work not in accordance
with the Contract Documents.
The City, prior to making of any payment, may require the Contractor to furnish a
certificate or other evidence showing the amount of work done or completed at that time.
C. IT IS MUTUALLY AGREED:
1. That no change, alteration, amendment, payment for extra work or
agreement to pay for same, shall be binding- upon the City until its Engineer has approved the
same, and until the same shall be properly approved in accordance with Board policy.
2. That the Engineer shall represent the City insofar as prosecution of the
work, and interpretation of the plans and specifications are concerned, and that no payments
shall be made by the City under this contract except upon the certificate of the Engineer.
3. This Contract shall be interpreted under and its performance governed by
the laws of the State of Florida.
4. The failure of the City to enforce at any time or for any period of time any
one or more of the provisions of the Contract Documents shall not be construed to be and shall
not be a waiver of any such provision or provisions or of its rights thereafter to enforce each
and every such provision.
X-4
5. Each of the parties hereto agrees and represents that this Contract
comprises the full and entire agreement between the parties affecting the work contemplated;
and that no other agreement or understanding of any nature concerning the same has been
entered into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to execution hereof shall be deemed merged into, integrated and superseded by
this Contract.
6. Should any provision of this Contract be determined by a court to be
unenforceable, such determination shall not affect the validity or enforceability of any section or
part thereof.
D. .The following .named Documents, which shall be referred to as the "Contract
Documents," are by reference hereby incorporated into this contract:
DNISION A Instructions to Bidders
DNISION B General Conditions
DIVISION C GeotechnicalInvestigation
DNISION I Technical Specifications -Road and Street Construction
DIVISION K Technical Specifications -Stone Sewer Construction
DNISION P Permits
DMSION W Bid Form
DNISION X Agreement
DNISION Y Bonds
DNISION Z Affidavit and Guarantee by General Contractor
DNISION Al "Sample Change Order"
DNISION A2 Non Collusion Affidavit
DNISION A3 Drug Free Workplace Form
DVISION A4 Contractor Verification Form
X-5
Construction Plans prepared by the Engineer of record for this project. "Bloxam
Avenue Stormwater Improvements", Project # 042356000
E. Notices.
1. All notices, demands, or other writings required to be given or made or
sent in this Contract, or which may be given or made or sent, by either party to the
other, shall be deemed to have been fully given or made or sent when in writing and
addressed as follows:
C~
City Manager
685 West Montrose Street
Clermont, FL 34711
Contractor
~C r fCa;i ~nw
'goiv~W CevtSl~luci~`ok Co
4N'7'7 f~.srf Cf~~{(o2
w,~d,,ur,~, F~ ~y~as
2. All notices required, or which may be given hereunder, shall be
considered properly given if (a) personally delivered, (b) sent by certified United
States mail, return receipt requested, or (c) sent by Federal Express or other
equivalent overnight letter delivery company.
3. The effective date of such notices shall be the date personally delivered,
or if sent by mail, the date of the postmark, or if sent by overnight letter delivery
company, the date the notice was picked up by the overnight letter delivery
company.
4. Parties may designate other parties or addresses to which notice shall be
sent by notifying, in writing, the other party in a manner designed for the filing of
notice hereunder.
F. This contract shall be binding upon, and shall insure to the benefit of the
executors, administrators, heirs, successors and assigns of the Contractor.
X-6
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
on the day and year as written.
City of Clermont acting by and
through its Board of City
Commissioners Name of Firm
2 ~~ ~cso?
This (~ .day of ~_ul--T-= 2864. This , ~1 ~ day of .
~~~-
ATTEST:
Print Name: Zke 2a,~.~w .'?T s~~lowt'
Title:
Contractor's Reg. or Cert_=___No.
C,c.~LOy3 i 3 g
x-~
CONTRACT
THIS AGREEMENT, made this ~ day of ~~,~_____, 2007,
by and between `~,e ~m o+ti.~- herein called the
(City/County)
"owner" through its
of Authorized Official)
STRIKE OLTT (a eolporation)
IN APPLICABLE
TERMS (an individual doing business as _
and
of ~;1~y, ~,) e,~ , County of jit,y~A.~-.Lf ,and State of
Florida, hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the
OWNER to commence and complete the construction described as follows:
hereinafter called the project, for the sum of $ ~, 03~ ~ l03 ~ . 'a~ and all extra work
in connection therewith, under the terms as stat ied n General and Special Conditions of the
Contract; and at the CONTRACTORS' own proper cost and expense to furnish all the materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and
services necessary to.complete the said project in accordance with the conditions and prices stated
in the Proposal, General Conditions, Supplemental General Conditions and Special Conditions of
the Contract; the plans, which include all maps, plats, blue prints, and other drawings and printed or
written explanatory matter thereof; the specifications and contract documents therefore as prepared
by 1~~w~lc.~- o ~ ~d -4ssoa'e~ ,herein entitled the Architect/Engineer; and as numbered
in Paragrap 1 of -the Supplemental General Conditions, all of which are made a part hereof and
collectively evidence and constitute the contract.
The Contractor hereby agrees to commence work under this contract on a date to be
specified in written "Notice to Proceed" of the Owner and to fully complete the project within
~ gb consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated
damages, the sum of $ i, 2 I G+ for each consecutive calendar day thereafter as hereinafter
provided in Paragraph ~of the General Conditions.
q
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the
contract, subject to additions and deductions, as provided in the General Conditions of the Contract,
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and to make payments on account thereof as provided in Paragraph 25, "Payments to Contractor,"
of the General Conditions.
IN WITNESS WHEREOF, the parties to .these presents have executed this contract in six
~~, (6) co nterparts, each of which shall be deemed an original, in the year and day first above
`~~,
mentTOITP,d.• s
ATTEST: • , j~
(Seal) ~`
! j ~ `~
.. r~ ain
x~T.
4
{Secre
c
fitness)
caner)
BY CT f~ 1~ ~ C~ ~ . ~ --c~° i~ l
_ ~~ a 0~ (~ , ~~-~~P,~ha~~x~
(Title)
(SEAL)
~aa ~11~~r'~a tsl~
.(Secre
(With s)
(Conti-actoF)
B ki c0.
~_ _.n_ ~
(Title)
~_F~St- U2yb2 L,t 21~FL ~'-176
(Address and Zip Code)
Note: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
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CERTIFICATE OF OWNER' S ATTORNEY
I, the undersigned, ~l~A! t E ~ ~ • j~ ~~ ~ k'. t S ,the duly authorized and acting legal
representative of_ t~-~- ~ C~ ..~ (J~~', rY~i~ n~ do hereby certify as
follows:
I have examined the attached contract (s) and surety bonds and the manner of execution thereof,
and I am of the opinion that each of the aforesaid agreements has been duly authorized; that said
representatives have full power and authority to execute said agreements on behalf of the respective
parties named thereon; and that the foregoing agreements constitute valid and legally binding
obligations upon the parties executing the same in accordance with terms, conditions and
provisions thereof.
Date: ~ C~
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