2010-32 CONTRACT AGREEMENT
TI -IIS AGREEMENT, made and entered into this 12th day of August 2010, A.D., by and
between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter
referred to as "OWNER "), and Marbek Construction Company. (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:
RFB NO. 10 1 007, WATER FRONT PAVILION AND MEETING FACILITY All
documents contained in RFB No.: 10 -007, Water Front Pavilion and
Meeting Facility and CONTRACTOR's response thereto.
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 Nine
Hundred Ten Thousand, Sixty and 00 /100 DOLLARS (S910,060.00)
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 by February 15, 2011, 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.
lit V. .
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 Contractbe 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.
ARTICLE IV - LIQUIDATED DAMAGES
I.) 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 Five Hundred Dollars
($500.00) per calendar day as fixed, agreed and liquidated damages for each
calendar day elapsing beyond the specified tine 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.
•
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 satisfactoryto 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 Tatter's employees unless such employees are covered by the
protection afforded by the Contractor. Such insurance shall comply with the Florida
Worker's Compensation Law. In case any class of employees engaged in hazardous work
under this contract at the site of the Project is not protected under the Worker's
Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the
' Owner, for the protection of employees not otherwise protected.
2.) Contractor's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether
such operations are by itself or by anyone directly or indirectly employed by it, and the
amount of such insurance shall be minimum limits as follows:
(a) Contractor's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury & Property Damage Occurrence, •
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit •
Insurance clause for both BODILY INJURY AND PROPERTY
DAMAGE shall be amended to provide coverage on an occurrence basis.
3.) Subcontractor's Public Liability and Property Damage Insurance - The
Contractor shall require each of his subcontractors to procure and maintain during the lift
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 Constractor's Protective Liability Insurance - The Owner
shall procure and furnish an Owner's and Constractor'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 Constractor's Liability Policy shall include Broad Form
Property Damage Coverage, Products and Completed Operations Coverages.
•
7.) Contractual Liability Work Contracts - The Constractor's Liability Policy
shall include Contractual Liability Coverage designed to protect the Contractor for
contractual liabilities assumed by the Contractor in the performance of this Agreement.
8.) Indemnification Rider
(a) To cover to the fullest extent permitted by law, the Contractor shall
indemnify and hold harmless the Owner and its agents and employees
from and against all claims, damages, losses and expenses, including
but not limited to attorney's fees, arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the
Work itself) and (2) is caused in whole or in part by any negligent act
or omission of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of
them 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 he 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.
CONTRACTOR: Marbek Construction Co.
Attn: Rick A. Marchand, President
614 E. Highway 50, Suite 324
Clermont, FL 34711
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
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:
I) Contract Agreement
2) Technical Plan and Specifications
3) Alt documents contained in RFB No.: 10 -007, Water Front Pavilion and Meeting
Facility 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
IN WITNESS WHEREOF, the par hereto have executed this Agreement
on this j 0 day of yq t t i s I. 2010.
City of Clermont J
d
OI
Harold S. Turvillc, Jr., Mayor
Attu'
":61o
Tracy Ackrc&yd, City Clerk (/
By: L 1i s ' i4 fir
Rick A. Marchand, Prc:ident
Marbek Construction Co.
614 E. Highway 50, Suite 324
Clermont, Florida
. ' "S •
(35 x'1
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ma c: v V
If a corporation, affix corporate z� . '' u v '
seal and have corporate secretary 1
•
attest. Attest
/ ?
Corporate Secretary
4e.16- A t`U%.2.c(- n 4.7 •
(Name Printed or'1vped)
•
EXHIBIT "A"
COMPENSATION SCHEDULE
•
Compensation shall be in accordance with the Contract Agreement and as follows:
•
EXI-IIBIT "B"
UNIT PRICE SCHEDULE
Unit prices attached hereto shall be apart of the agreement.
Public Work Executed in 2 Counterparts
F.S. Chapter 255.05 (1)(a)
Cover Page .
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.
BOND NO: GSB 24723
CONTRACTOR NAME: Marbek Construction Company •
CONTRACTOR ADDRESS: 614 E. Hwy 50, Suite 324
Clermont, FL 34711
CONTRACTOR PHONE NO: • (407) 468 -8378
SURETY COMPANY: The Gray Insurance Company
PO Box 6202
Metairie, LA 70009-6202 (504) 888 -7790
OWNER NAME: City of Clermont
•
OWNER ADDRESS: 685 W Montrose St.
Clermont, FL 34711
OWNER PHONE NO.:' (352) 394 -4083
OBLIGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT: $910,060.00
CONTRACT NO.: (If applicable) RFB No.10 - 007
DESCRIPTION OF WORK: Water Front Pavillion and Meeting Facility
PROJECT LOCATION: 3rd St., Clermont, FL 34711
•
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES PART OF THIS BOND.
Bond No. GSB 24723 • Executed in 2 Counterparts
PERFORMANCE BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH LABOR AND MATERIAL •
PAYMENT BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL
AND FAITHFUL PERFORMANCE OF THE CONTRACT.
KNOW ALL MEN BY THESE • PRESENTS:
Marbek Construction Company, 614 E. Hwy 50, Suite 324 (Full name and address or
legal title of CONTRACTOR) Clermont FL 34711
as Principal, hereinafter called CONTRACTOR, and The Gray Insurance Company
(Full name and address or legal title of Surety) PO Box 6202, Metairie LA 70009 - 6202
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont,
as Obligee, hereinafter called OWNER, in the amount of:
Nine Hundred Ten Thousand, Sixty and 00 /100 Dollars
(Dollar Amount in Words)
(5 910,060.00
(Dollar Amount in Numbers)
(Sum equal to 100 percent of Contract amount) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, . •
CONTRACTOR has by written Agreement dated August 12, 2010 , entered into a
Contract with OWNER for: RFB No.10 - 007 Water Front Pavillion `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.
`and Meeting Facility
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if
CONTRACTOR shall promptly and faithfully perform said Contract. then this obligation
shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the.
OWNER.
Whenever CONTRACTOR shall be, and declared by OWNER to be in default under the
Contract, the OWNER having performed OWNER'S obligations thereunder. the Surety
may promptly remedy the default; in accordance with Section 255.05, Florida. Statutes, or
shall promptly,
1.) Complete the Contract in accordance with its terms and conditions or within sixty
(60) calendar days.
-2.) Obtain a bid or bids for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsible bidder, or
if the OWNER elects, upon determination by the OWNER and the Surety jointly
of the lowest responsible bidder, arrange for a contract between such bidder and
OWNER, and make available as work progresses (even though there should be a
default or a succession of defaults under the Contract or Contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less
the balance of. the Contract price; but not exceeding. including other costs and
damages for which the Surety may be liable hereunder. the amount set forth in the
first paragraph hereof. The term "balance of the Contract price." as used in this
paragraph, shall mean the total amount payable by OWNER to CONTRACTOR
under the Contract and any amendments thereto, less the amount properly paid by
OWNER to CONTRACTOR. -
3.) Upon termination of the Contract by the OWNER due to the CONTRACTOR'S
failure to perform under the conditions herein set forth in the Contract. the
OWNER may without prejudice to any right or remedy and after giving the
CONTRACTOR and his Surety if any, seven (7) days written notice, terminate
the employment of the CONTRACTOR, and take possession of the site and all of
the materials, equipment, tools, construction equipment, and machinery thereon
owned by the CONTRACTOR and may finish the work by whatever method he
may deem expedient. In such case the CONTRACTOR shall not be entitled to
receive any further payment until the work is finished.
4.) A claimant, except a laborer, who is not in privity with the Principal and who has
not received payment for his labor, materials or supplies shall, within 45 days
after beginning to furnish labor, materials or supplies for the prosecution of the
work, furnish the Principal with a notice that he intends to look to the bond for
protection, and
5.) A claimant who is not in privity with the Principal and who has not received
payment for his labor, materials, or supplies shall, within 90 days after
performance of the labor or after complete delivery of materials or supplies,
deliver to the Principal and to the Surety written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
6.) Other than a suit by OWNER, no action shall be instituted against the Principal or
the Surety on the bond after one (1) year from the performance of the labor or
completion of delivery of the materials or supplies.
•
No right of action shall accrue on this bond to or for the use of any person or corporation
other than the OWNER named herein or the heirs, executors, administrators or successors
of the OWNER.
•
THE FOREGOING PERFORMANCE BOND WAS N ► AND SEALED THIS
16th DAY OF August 2010.
arbek Cons ction C. pang,
(1 rincip (Sealy . j
tness
ti
(Manual Sign tune) w v r y c
Pn wank— v, h
The Gray Insurance Company ' y °
, • (1.4 (Surety) (Seal)
(Witness) i et L C rey sy; `'� 1/4*
(Manual Signature), Leslie MDoriahue
Attorney -in -Fact & FL Licensed Resident A'yent.
(Title) :Inquiries (407)'786 -77701
• '(2
.c; (Resident Agent as Atterney Fact) „.
(Witness) Lisa A. Roseland PO Box 6202 "" iey y al t
(Address)
Metairie LA 70009 -6202
(504) 888 -7790
(Telephone Number)
Power of Attorney attached hereon:
•
•
• E -5
RIDER TO PERFORMANCE BOND
PUBLIC WORK — STATE OF FLORIDA
PURSUANT TO FLORIDA STATUTE SEC. 255.05
AGREEMENT made this 16th day of August 2010, between
Marbek Construction Company
(hereinafter called the "PRINCIPAL ") and The Gray Insurance Company
(hereinafter called the "SURETY ") and the City of Clerniont (hereinafter called the
"OWNER ").
WHEREAS, on the 16th day of August 2010, the parties hereto
entered into a Performance Bond, a copy whereof is hereto attached and incorporated
herein by reference, and
WHEREAS. said parties have agreed 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
RFB No.10 -007 Water Front Pavillion and * is hereby amended to include the following .
provisions:
* Meeting Facility
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
completion of delivery of the materials or supplies."
P ' ncipal:
arbek Con), c ion Co -pan ®
e't
Surety: ,
vfr
The � Gray
�ni Insurance Company
n
By: ,% J 14
Leslie M. Donahue, Attorney rn t and {
,,. ,- ti 4
4 ' 0 ,G„
and Florida Licensed Resident Agent . r
Accepted: Inquiries (407) 786- 7770't p
E l
City of Cleft ,x � t _
•
t _• ` `
(OWNER) Wayne Saunders, City Manager q tr k'
•
THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES PART OF THIS BOND.
E -6 -
LABOR AND MATERIAL PAYMENT BOND
Bond No. GSB 24723 Executed in 2 Counterparts
THIS BOND IS ISSUED SIMULTANEOUSLY WITH THE PERFORMANCE BOND •
IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL
PERFORMANCE OF THE CONTRACT.
KNOW ALL MEN BY THESE PRESENTS: That Marbek Construction Company
(Full .name and address or legal title of CONTRACTOR) 614 E. Hwy 50, Suite 324, Clermont FL 34711
as Principal. hereinafter called CONTRACTOR, and The Gray Insurance Company
(Full name and address or legal title of Surety) PO Box 6202, Metairie LA 70009 -6202
. as Surety, hereinafter called Surety. are held and firmly bound unto the, City of Clermont
• as Obligee, hereinafter called OWNER, in the amount of:
Nine Hundred Ten Thousand, Sixty and 00/100 Dollars -
(Dollar Amount in Words)
•
(S
•
910,060.00
(Dollar Amount in Numbers)
(Sum equal to 100 percent of Contract amount) for the payment whereof
CONTRACTOR and Surety bind themselves, their .heirs, executors, administrators, •
successors and assigns, jointly and severally, firmly by these presents.
•
WHEREAS,
Principal has by written Agreement dated August 12, 2010 , entered into a Contract with
- OWNER for the construction of RFB No.10 -007 Water Front ; in accordance with
Drawings and Specifications prepared by for the OWNER, which
contract is hereinafter referred to as the Contract.
* Pavillion and Meeting Facility •
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if
Principal shall promptly make payment to all claimants as hereinafter defined, for all
labor and materials used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and
effect, subject, however to,the following conditions in accordance with Section 255.05,
Florida Statutes:
1.) A claimant is defined as one having a direct contract with the Principal or with a
- subcontractor of the Principal for labor, material. or both, used .or reasonably •
•
required for use in the performance of the Contract, labor and material being
• - construed to include that part of water, gas, power, light, heat, oil, gasoline,
• telephone service or rental of equipment directly applicable to the Contract.
•
•
2.) The above -named Principal and Surety hereby jointly and severally agree with the
OWNER that every claimant as herein defined, who has not been paid in full
before the expiration of a period of ninety (90) days after the date on which he last
of such claimant's work or labor was done or perfonned, 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 he liable for the
payment of any costs or expenses of any such suit.
3.) Other than the OWNER, no suit or action shall be commenced hereunder by any
claimant:
a.) Unless claimant, other than one having a direct contract with the Principal
shall have given written notice to any two of the following: The Principal,
the OWNER, or the Surety above named, within ninety (90) days after
such claimant did or performed the last of the work or labor, or furnished
the last of the materials for which said claim is made. stating with
substantial accuracy the amount claimed and the name of the party to
whom the materials were famished, or for whom the work or labor was
done or performed. Such notice shall be served by mailing the same by
registered mail or certified mail, postage prepaid, in an envelope addressed
to the Principal, OWNER or Surety, at any place where an office is
regularly maintained for the transaction of business, or served in any •
manner in which legal process may be served in the state in which the
aforesaid project is located, save that such service need not be made by a
public officer.
b.) After the expiration of one (1) year following the date on which Principal
ceased work on said Contract. it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation permitted by such law.
c.) Other than in a state court of competent jurisdiction in and for the county
or other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United States District Court for the district in
which the Project, or any part thereof, is situated, and not elsewhere.
d.) A claimant, except a laborer, who is not in privity with the Principal and
who has not received payment for his labor, materials or supplies shall,
within 45 days after beginning to furnish labor. materials or supplies for
the prosecution of the work, furnish the Principal with a notice that he
intends to look to the bond for protection. and
• e.) A claimant who is not in privity with the Principal and who has not
• received payment for his labor, materials or supplies shall, within 90 days
after performance of the labor or after complete delivery of materials or
supplies, deliver to the Principal and to the Surety written notice of the
performance of the labor or delivery of the materials or supplies and of the •
nonpayment.
f.) No action shall be instituted against the Principal or the Surety on the
bond after one (1) year from the performance of the labor or completion of
delivery of the materials or supplies. .
The amount of this bond shall be reduced by and to the extent of a payment or payments
made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens
which may be filed or record against said improvement • et e or not claim for the
amount of such lien be presented under and against this ond.
The foregoing Labor and Material Payment Bond was signed and 'ealed t 's 16 h� i. Comp day_,-- - --~°+•:
gyp / —
of Auguu 2 010. 'r
• \ � j / I vm . y� v Jam` tl �?
Marbek CCo•str y
(Witness) c� / �h l� �y_: /,'IJ �7 ' : -'.:e
.. ` J "L= c
(Manual Sir attir , ' a Y
3
, .
T a '
Sa V k A t °v.r E 6,...,,, •
The Gray Insurance Company
9 (Surety) (Seal) s, r i ce` '
air. ��
(Witness). , Janet L. -rey By: . • // I• ai _
(Manual Signature)1Leslie M:.'Donatiue,
Attorney -in -Fact & FL Licensed Agent \
„(Ti e) In'gliiries 007) c
(Resident Agent as Att -in -Fact) L.
• ttness) Lisa A. Roseland PO Box 6202, Metairie LA 6202-;` " ,St`"
• (Address) '.. - ‘.., "' O.°
Power of Attorney attached hereon:
E -7
RIDER TO PAYMENT BOND
PUBLIC WORK -- STATE OF FLORIDA
PURSUANT TO FLORIDA STATUTE SEC. 255.05
AGREEMENT made this 16th day of August 2010.
between Marbek Construction Company
(hereinafter called the "PRINCIPAL ") and The Gray Insurance Company
WHEREAS, on the 16th day of August 2010, the parties hereto
entered into a Payment Bond, a copy whereof is hereto attached and incorporated herein
by reference, and
WHEREAS, said parties have agreed to add certain tcrms to said Payment Bond to
conform with Florida Statute 255.05;
NOW, THEREFORE, it is agreed that the said Payment Bond pertaining to
RFB No.10 -007 Water Front Pavillion and Meeting * - is hereby amended to include the
following provisions:
• Facility
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 completion of
delivery of the materials or supplies."
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.
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 additiogs, as above provided.
Principal: — ..^"`"
�
Marbek Con. ction -Co ,pany it
By:
T
an r ``' ° - -..5 ..
s s
..
Surety:
The Gray Insurance Company
a A / n ' p
By: Nom(. ,
Leslie M. Donahue, Attorney iin`- -Fact and i
Florida Licensed Resident Agent -, f f S
Accepted: Inquiries (407) 786 -7770 e ; i ti
City of Clermont
a G y �*
1 R . `‘,
(OWNER) Wayne Saunders, City Manager
•
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'fl -If: GRAY INSURANCE ) / r ��
T1 -I L',G RAY CASUALTY & SURETY COMPANY 1 q q ^ ` l
GENERA
OF ATTORNEY 1 414 O 8 ii
KNOW ALL 13Y THESE PRESItN'IS,'111AT'Ihe Gray Insurance Company and'fhe Gray Casualty & Surety Company, corporations duly - 1 . u
"organized and existing under the laws of Louisiana, and having Their principal offices in Metairie. Louisiana, do hereby stake, constitute, and appoint IF
Susan L. Reich, Jeffrey W. Reich, Don Bramlage, Kim E. Niv, J. Gregory MacKenzie, Leslie M. Donahue, Patricia L. Slaughter, Teresa L. I;
1 Durham, Cheryl Foley and Gloria A. Richards, of Maitland, Florida jointly or severally on behalf of each of the Companies maned above its I0
true and lawful Attorney(s) -in -Fact to make, execute, seal and deliver, for and on its behalf and as its deed,-bonds, or other writings obligatory /in the
I nature of a bond. as surety. contracts of suretyship as are or may be required or permi tted law. regulation, contract or otherwise, provided that no . s
bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. 14
'Ilk Power of Attorney is granted and is signed by facsimile tinder and by the authority of the following Resolutions adopted by.the Boards of i ^°_
Directors of both The Gray Insurance Company and The Gray; Casualty & Surety Company at meetings duly called and held on the 26 day of June, i
2003 1 ( r , ` I ..
I
" RI.SOLV ED „that the President, Executive Vice President, any Vice President, or the Secretary he and each or any of them hereby is f y
a-
authorized to execute a power of Attorney qualifying the attorney named in the given power of Attorney to execute on behalf of The Company 10
bonds. undertakings, and all contracts of surety, and that each or any of them is hereby authorized - to attest to the execution of such Power of j
Attorn y, and to attach the seal of the Company; and it is - T
p
FURTHER RESOLVED thai the signature of such oflicers and the seal of the Company may he affixed to any such Power of Attorney of l i
to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall ' ,
be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract 61 - surety to which it is
Iy
attached. 1 ' ' I;
IN WITNESS WI -11 12 i01', The Gray Insurance Company and The Gray Casualty &. Surety Company have caused their official seals to be hereinto '�
axed, xed, and these presents to be signed b th authorized of this 15th day of February - 2006. � ,� C
•` � s ga , g N� ' �
Attest: Y� - S iva s .
f �� ,p ..., Lq y
rci o'. / r •
t
I mo : SEAL jam, Michael? Gray Marks Mangano t , I 1 � SEA P j f F � President, The Gray I s Company - `.y. ' I it
r '
Secretary, ,
r The Gray Insurance Cbm any, ,, r .......... • ^`ti'.% 1 i
- I Vice President. ( The Gray Casually & Surety Company - I i
.--.. I The Gray Casualty & Surety Company / �, i 7
State of Louisiana 2 1 I
Ia
1a
i=
Parish of Jefferson f - r 3 t. 1 y
On this 15th day of February, 2006, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company II
and Vice President of The Gray Casualty & Surety Company. and Mark S. Mangun), Secretary of The Gray Insurance Company and The. Gray l a
Casualty & Surety Company, personally known to me, being duly sworn. acknowledged that they signed the above Power of Attorney and affixed I.3
the seals of the companies as officers of, and acknowledged said instrriment to be the'voluntary act and deed, of their companies. k
i 2o ; 4 `'; 1 a VI
. it; C., Lisa S, Millar, Notary Public, Parish of Orleans
r' ; r r t - •r' . State of Louisiana Ii
. �'ueuc .'mss.:
''<fre........ �`k`' �- My Commission is fo L - 1
t 1, Mark S. Manguno, Secretary of The Gray Insurance Company and' The Gray Casualty & Surety Company, do hereby certify that the above and I = •
forgoing is a true and'correct copy of a Power of Attorney given by the companies; which is still in fill force and effect e.
s .
16th ..
IN WITNESS W Ii I?RI:?OF, I have set my hand and affixed the seals of the Companies this / /� day of AllgltSt 2�1 Q. -
/' • A ) 1 0
1 SEAL ,� , .: SEAL 3 Mark S. Manguno- Secretary r In
m ti . . , / The Gray Insurance Company ./ u
"••• - -.. The-Gray Casualty & Surety Company . `d
IT
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1 :Th J S
T.
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KM 1000 I Rev 6/15/2003 1 ( - I hi
560103 2/15/2006 � , �2 - ' •' ,� ' . �:
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