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2007-33NOTICE OF AWARD ~ ~ •-, Date: July 24, 2007 Johnson-Laux Construction REFERENCE: NOTICE OF AWARD -FIRE STATION #1 ADMIN ADDITION The OWNER has considered the BID submitted by you for the above-described WORK in response to its Advertisement for Bids dated June 21, 2007, and Information for Bidders. You are hereby notified that your BID has been accepted for Fire Station #1 Project, in the amount of One million, one hundred fifty thousand dollars and zero cents ($1,150,000.00 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 4 Agreement between Owner and Contractor 4 Performance Bond 4 Payment Bond 4 Notice from Insurance Agent or Broker 4 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 a ~{ day of ~U l_y 2007. City of Clermont ~ , By: Tamara Richardson, P.E Director of Engineering and Utilities 16 NOTICE OF AWARD PAGE THREE Section 1.01 ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by: .T(~HNSnN-T.AUX C'oN mRLrcTION Name of Corporation, Partnership, or Individual this the 31ST day of JULY By: 2007. ~ A TH Y LAUX Title: VICE PRESIDENT 17 CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 24 day of July 2007, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "OWNER"), and Johnson-Laux Construction (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: FIRE STATION #1 ADMIN ADDITION 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 million, one hundred fifty thousand dollars and zero cents Dollars) $1,150,000.00. ARTICLE III -COMMENCEMENT AND COMPLETION OF WORK 1.) The CONTRACTOR shall commence work within 10 calendar days after receipt of (i) Notice to Proceed, and (ii) receipt of 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 320 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 19 OWNER before final payment will be made to the CONTRACTOR. ARTICLE IV -LIQUIDATED DAMAGES 1.) It is mutually agreed that time is of the essence in regard to this Contract. Therefore, notwithstanding any other provision contained in the Contract Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the Notice to Proceed, or any authorized extension thereof, CONTRACTOR shall 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 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 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, $1,000,000 Each ($2,000,000 aggregate) Liability Coverage's, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverage's, $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 Daman -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 Coverage's -The Contractor's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverage's. 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 coverage's 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: Johnson-Laux Construction 4502 35`h Street, Suite 500 Orlando, Florida 32811 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) Assi nment. 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.: FIRE STATION #1 ADMIN ADDITION 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 31 STday of JULY , 2007. City of Clermont arold S. Turville, Jr., Mayor Attest: Tracy Ackroy ,City Cle By ANTHnNY T.ATTX ~ VTCF. PRESIDENT (Name/Title Printed or Typed) 4502 35TH ST, STE 500 Address ORLANDO ,Florida 3 2 81 1 407-770-2180 If a corporation, affix corporate seal and have corporate secretary attest. ANITA SINGH (Name Printed or Typed) 26 Corporate Secretary EXHIBIT "A" COMPENSATION SCHEDULE Compensation shall be in accordance with the Contract Agreement and as follows: 27 w THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.: 54-167302 Executed in 5 Counterparts AlA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Johnson-Laux Construction, LLC 4502 35th Street, Suite 500, Orlando, FL 32811 (407) 770-2180 as Principal, hereinafter called Contractor, and, . (Here insert full name and address or legal title of Surety) United Fire & Casualty Company ' 118 Second Avenue SE, Cedar Rapids, IA 52401 (319) 399-5700 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 MILLION ONE HUNDRED FIFTY THOUSAND AND 00/100--------------- Dollars (----$1,150,000.00----- for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 07/24/2007 ,entered into a contract with Owner for (Here insert full name and address and description of project) Fire Station #1 Admin. Addition, 439 W. Highway 50, Clermont, FL 34711; demo of existing sitework & facilities, new construction of 1 story office addition w/sitework, landscape & parking lot. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND• • AIA ® 1 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 'F(c~r~idA , 620 N Wymore Road, Suite 200 Maitland, Florida 32751 ~$f~url~- Phone: (407) 786-7770 ~~'~~~~ ~~~~' Fax: (407) 786-7766 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, it 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 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. 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 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 31st day of July, 2007 i M, (Witness) (Witness) United Fire & Casualty Company (Surety) (Seal) ~/ (~( . Leslie M. Donahue, (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 Johnson-Laux Construction, LLC THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.: 54-167302 Executed in 5 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 Johnson-Laux Construction, LLC (Here insert full name and address or legal title of Contractor) 4502 35th Street, Suite 500, Orlando, FL 32811 (407) 770-2180 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 (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, for the use and benefit of claimants as herein below defined, in the amount of ONE MILLION ONE HUNDRED FIFTY THOUSAND AND 00/100-------------------------------------------- (Here insert a sum equal to at least one-half of the contract price) Dollars (-----$1,150,000.00----- )~ 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 07/24/2007 (Here insert full name and address and description of project) entered into a contract with Owner for Fire Station #1 Admin. Addition, 439 W. Highway 50, Clermont, FL 34711; demo of existing sitework & facilities, new construction of 1 story office addition w/sitework, landscape & parking lot. 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 ~~UR~CIA 620 N Wymore Road, Suite 200 Maitland, Florida 3275 1 ~,S,~it-Rl IY ~ Phone: (407) 786-7770 ,CSt}\tj5 ~VC~. 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: 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 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. 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 31st day of July, 2007 Y "l,V l (Witness) `~ (Witness) United Fire & Casualty Company (Surety) (Seal) ~~~- ~. Leslie M. Donahue, (Title) Attorney-in-Fact & Florida Licensed Resident Agent Inquiries: (407) 786-7770 AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND• •AIA ® 4 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Johnson-Laux Construction, LLC UNITED FIRE 8 CASUALTY COMPANY HOME OFFICE -CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Offrce of Company -See Certification) KNOW ALL MEN SY THESE PRESENTS, That the UNITED FIRE 8 CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of-Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint LESLIE M DONAHUE, OR KIM E NIV, OR JEFFREY W REICH, OR SUSAN L REICH, OR TERESA L DURHAM, OR PATRICIA L SLAUGHTER, OR J GREGORY MACKENZiE, OR WALTER N MYERS, OR GLORIA A RICHARDS, OR DON BRAMLAGE OF DAY'TONA BEACH FL, ALL INDIVIDUALLY of MAITLAND FL its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature as follows: Any and Al 1 Bonds and to bind UNITED.'FIRE 8 CASUALTY COMPANY thereby as fully and 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 & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to artd by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973.. "Article V - Surety;Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company 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 certification 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 instruments 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 `~{aunuey~ ~~~~~~'°casL;~cry,,~ its vice president and its corporate seal to be hereto affixed this 15th day of May, 2007 `~~ CORPORATE r~~. -z -•- E~ UNITED FIRE & CASUALTY COMPANY Yr~ SEAL e fi t~: ~~OQ~k HAPNS ~~~~~ ~ State. of Iowa, County of Linn, ss: Vice President On 15th day of May,. 2007, before me personally came Dennis J. Richmann to me known:, vvho being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of 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 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. ~~~{ c, MICHELLE 1N1L60N /} . c : COMMI8810N NUYSER 7Q4y45 ~~• ~~~ I[ ~ _ - ~ MY COMM BSIDiN EXPIRE8 ^'rYl ow. ~ ' ~~ - ~9 Notary Public I, the undersigned officer of the UNITED FIRE .8 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 forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID .COMPANY, and that. the same are correct transcripts tfiereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. {tMftfllb t~.P ¢AASI;,~~r ~~ -n~tes#imonywhereof I have hereuntosubseribed my name and affixed the corpora#e seal of the said Company ~~ ~-~ this 31 st day of ~T~il~ 20 11Z. ~~- CORPORATE ~~ L.Z... -•~ ~,~.. n SEAL P ~ .. Secretary B POA00190706 te: 77'3112007 Time: 10:29 AM To: Anita Singh/Johnson Laux @ 9,4077702181 Page: 001 ACORD~, CERTIFICATE OF LIABILITY INSURANCE of/3izoo PRODUCER (407)788-3000 FAX (407)788-7933 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ~' ~P.O. Box 162207 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Altamonte Springs, FL 32716-2207 INSURERS AFFORDING COVERAGE NAIC #~ _ INSURED Johnson-Laux Construction , L 4502 35th Street, Suite 500 Orlando, FL. 32811 IN:ueEP u. Mid-Continent Group _ IN^>uPERE Auto-Owners Insurance Co. 18988 IfI=UREP ~~_ - ---- INSUREP D ItJSUP,EF'. E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUKtU NAMtU Akivvt hUK I rlt r~uL:Y rtKwu INUIt,r+l tu. NV Ivvl InJ IANUmv ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH and Ir.IFS nrrRFraTF I IuIITS sHOwN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L - TYPE OF INSURANCE POLICY NUMBER POLTYE FFECTNE PIRATION POAITY ~X LIMITS LTR NS M ~ GENERAL LIABILffY ~ 04GL000628938 04/25/2007 04/25/2008 EAR=H ~ ~ca~RFEr+CE ~' 1 000 000 ' ~( _ , r_C MMEEr~IAL ~EI`JERi;L LIAEILIT= ~ i G/;MA6E Ti ~ RERfTED . ~F~ lFa_r~~ ~ FRFMI ~ 100, 00 CLHIMS PAADE ~ ~~~_~-~!R I i ~ _ MED E~.R (Any on_persenJ $ Exclude A PERSONAL s nUV IN,IUPV $ 1, 000 , 00 cENEeAL Ac>REGkTE $ 2 , 000, 000 ~ GEIJ'L a,GP.E6ATE LIMIT APPLIES PER PRODUCTS - COMPh~P AGG $ 2 , 000, 000 PRO- POLICY JD~T ~~°- I I 4665920 18/2007 01 01/18/2008 AuTDMDeILEUABwrY 6 ~ / coMEwED SIh~1~=LE LIMIT ~ X AN r A~ ITC ~ j IEa aeridenq 1,000 , 00 i '~ till ~~~^vIJECi AUTC'~ E~~DILr lfd.iURv ~ ~ (Per parson) S~~HEDULEG AUTQS - B r ~-- X HIRED HUl"OS ~ 1 60DIL r IfJJURI~ ~ ~ fPer a«.iaent) ~ b1C~N-C~rNf.IEG A~iTO_ -- -"- - - I F'F.L~FERT'r DF`1v1A~=E $ I (Per arri~7ent) GARAGE LIABILITY AUfG GNLY - EA ACCIDEIJT ~ AN'r AUTO nTHER TNAN E/C ACC $ __ P.U7~"~ OidLl' A3G ~, ExcessluMeRELLAUaelurr 04-XS-143777 04/25/2007 04/25/2008 EACH orruPRENCE $ 1 000, 00 X ~ O~=SLIP ~ Ci AIM~~ MADE ACC-LEGATE S~ 1, 000, OOO A - _ _ DEDUCTIBLE ~ ~ ~ ~ ~ ~~ X RETENTIOW ~ 10, OO $ WC STATU- GTH- WORKERS COMPENSATION AND 7~F'Y RdITS ER _ EMPLOYERS' LIABILITY AIJ'r FGOFRIETOF'IPAFTNER;E~ECUTNE E L. EACH ACCIDENT $ OFFICER/MEM6EREtiCLUDEG%' ~ E.L DISEASE-EAEMFLOYEE If ves describe under ~ SPECIAL PREVISIONS below E L DISEASE- POLICY UrAIT $~ OTHER I I DESCRIPTION OF OPERATIONS! LOCATIONS I VEHIGLES! EXCLUSIONS ADDED 8Y tNDORSEMtNT ! SPECIAL YKOVISIONS tE: Fire Station No. 1 City of Clermont Attn: Engineering 685 West Montrose Street Clermont, FL 34771 ACORD 25 (2001!08) FAX: (407)770-2181 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL lO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE David Burr/LISAR ~ ~ ~~--^ ©ACORD CORPORATION 1988 te: 7!31/2007 Time: 10:29 AM To: Anita Singh/Johnson Laux @ 9,4077702181 Pane: 002 {MPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001!08) CERTIFICATE OF LIABILITY fN$URANGE 7/31/2007 PRODUCER Serial # 121915 THIS CERTIFICATE 19 ISSUED A3 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CONDOM MEEK HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1211 COURT STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CLEARWATER FL 33756 INSURERS AFFORDING COVERAGE NAIC# FrankCrum 1-B00-277-1620 100 S MISSOURI AVENUE CLEARWATER FL 33756 THE POL{CIEs OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED A9pVE fOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OF OTHER DOCUMENT WITH RESPECT TO WfiIGH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREdATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR Ann~L INBRO TYPE OF INSURANCE POLICY NUMBER PATE MM/pD1W DATE MMiDDlW LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 COMNERCM.L GENERAL LIABIl7TY FIRE OANAOE (AT'ona (ra) S CIAIMB MADE OCCUR MED E7lP orla a0 S PERSONALSADVINJURY S reN[aALAccREwTE s GENL AGGREGATE LIMIT APPLIES PER: PRODl1CTa. COMProP AGO S POLICY PROJECT LOC AUTOMOBRE LIABILITY CONgINEO SIN6lE LIMIT s (Ea attlWnll ANY AUTO ALL OWNED AUTOS BODILY INJURY a (Per palsonl SCHEDULED AUTOS wREb AUTaB BODILY INJURY S (~ aFdd•M) NON-0WNEO AUTD9 PROPERTY OAh1A0E S (Px aafltlaM) GARAGE LIABILITY AUTO CNIY- EA ACCIDENT S ANr Aufo OTHER TNAN EA ACC S AUTO ONLY AOG S E7ICEBB f UMBRELU LIABILITY EACH OCCURRENCE S OCCUR ©CLAIMS MADE AGGREGATE f S OEDIICTIBLE S RETENTION S S WORKERS COMPENSATION ANO x WC 9TATU- OTHER A EMPLOYER6'LU9ILITY VVC 7 0000 0000 1!112007 1/'1/2008 TORY LIMITS ANY PROPRIETOR /PARTNER !EXECUTIVE OFFICERIMEMBEREXCLUDED7 E.L.EACN,4QCI0ENT S 1,000,000 II y«, daacnba ~ndaf SP[dAL PROVISIONS Nbw E L DISEASE - EA ENPLOVEE $ 1,000,000 EC DISEASE•POUCYLIMI7 ~ 1,000,000 OTHER DE9 CRIPYIDN OF OP[RATIONS / LOCATIONS f VEHICLES t EXCLUBN]NB wnoeG ar ENGGRE[M[NT ! SP[CIAL PROVISIONS THIS CERTIFICATE REMAINS IN EFFECT PROVIDED THE CLIENTS ACCOUNT IS IN GOOp STANDING WITH FrankCrum. COVERAGE IS NOT PROVIDED FOR ANY EMPLOYEE FOR WHICH THE CLIENT IS NOT REPORTING HOUR5 TO FrankCrum. COVERAGE IS NOT PROVIDED FOR STATUTORY EMPLOYEES OF THE CLIENT. EFFECTIVE OG/27/2005, APPLIES TO 100% OF THE EMPLOYEES OF FrankCrum LEASED TO JOHNSON-LAUX CONSTRUCTION, LLC 407-770-2181 CERTIFICATE MILDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICtlS 9E CANCELLED BEFORE THE EXPIPATION DATE THEREOF, TH[ 1$SUING INSURER WILL ENDEAVOfl TO MAIL ?0 DAYS WRITTEN NOTICE 70 THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SMALL IMPOSE CITY OF CLEMENT FIRE STATION #1 NO OBLIGATION OR LIABILITY OF ANr KIND UPON 7Me INSURER, IT$ AGENTS OR ATTN: ENGINEERING REPRESENTATVE6. _ CITY OF CLEMONT -685 W MONTROSE ST. AuTNORaED REPRESENTATIVE CLEMENT, FL 34711 ~ ~ /+8.~~! I li 1111 f.i (j~ ~.~~ trill rll cl t?I - ---