2011-12 CONTRACTOR AGREEMENT
THIS AGREEMENT, made and entered into this '"p day of A/at-C-4 2011,
A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "OWNER "), and ALLSTATE PAVING, INC., 5284 Patch
Road, Orlando, FL 32822 (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, matenals, equipment, machinery, tools,
apparatus and transportation and perform all of the work described in the bid documents
and specifications entitled:
RFB NO. 11 -006 - 2011 Street Resurfacing Services
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 as set forth in the contract documents and the Unit Price Schedule, attached
hereto and incorporated herein as Exhibit "A ", in lawful tender of the United States, the
total contract sum of TWO HUNDRED FIFTY -TWO THOUSAND, FOUR HUNDRED
NINETY -FIVE DOLLARS($252,495).
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 all permits required to perform the
work, and the CONTRACTOR will substantially complete the same within ninety
(90) calendar days, unless the period for completion is extended otherwise by the
amendment or change order to the Contract. Substantial Completion as provided
herein shall be the day the project or designated portion thereof is certified and
accepted by the OWNER as sufficiently complete, in accordance with the
Contract Documents.
2. The CONTRACTOR shall prosecute the work with faithfulness and diligence.
3. The CONTRACTOR further declares he has examined the sites of the work and
that from personal knowledge and experience or that he has made sufficient
investigations to fully satisfy himself that such sites are 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 OWNERS Public Services Project Manager and
his decision shall be final and binding upon all parties.
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 penod 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. If required, As -built drawings and warranties acceptable to OWNER must be
submitted to the 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 FIVE HUNDRED
DOLLARS ($500.00) 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 payment invoice by the OWNER 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, including any retainage
amount, on account of this Contract 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 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 t� provide Worker's Compensation
Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Contractor. Such insurance shall comply with the Florida
Worker's Compensation Law. In case any class of employees engaged in hazardous work
under this contract at the site of the Project is not protected under the Worker's
Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the
Owner, for the protection of employees not otherwise protected.
2. Contractor's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether
such operations 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 y g od ly Injury Occurrence, & Property Damage
Combined i
S ngle Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury & Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY
DAMAGE shall be amended to provide coverage on an occurrence basis.
3. Subcontractor's Public Liability and Property Damage Insurance - The
Contractor shall require each of his subcontractors to procure and maintain during the life
of this subcontract, insurance of the type specified above or insure the activities of his
subcontractors in his policy, as specified above.
4. Owner's and Contractor's Protective Liability Insurance - The Owner shall
procure and furnish an Owner's and Contractor's Protective Liability Insurance Policy
with the following minimum limits:
(a) Bodily Injury Liability & $1,000,000 each ($2,000,000 aggregate)
Property Damage Liability Occurrence
Combined Single Limit
5. "XCU" (Explosion, Collapse, Underground Damage) - The Contractor's
Liability Policy shall provide "XCU" coverage for those classifications in which they are
excluded.
6. Broad Form Property Damage Coverage, Products & Completed
Operations Coverages - The Contractor's Liability Policy shall include Broad Form
Property Damage Coverage, Products and Completed Operations Coverages.
7. Contractual Liability Work Contracts - The Contractor's Liability Policy
shall include Contractual Liability Coverage designed to protect the Contractor for
contractual liabilities assumed by the Contractor in the performance of this Agreement.
8. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the Contractor shall
indemnify and hold harmless the Owner and its agents and employees
from and against all claims, damages, losses and expenses, including
but not limited to attorney's fees, arising out of or resulting from the
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.
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: Allstate Paving, Inc.
5284 Patch Road
Orlando, FL 32822
Attn. Lendsey Phillips, President
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 Flonda 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 listed below are herein made 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.: 11-006 — 2011 Street Resurfacing Services
and CONTRACTOR's February 1, 2011 response thereto, including any all
addenda or amendments thereto.
4. Instructions to Bidders
5. Drawings
6. Payment and Performance Bonds
IN WITNESS WHEREOF, t) parties hereto have executed this Agreement on
this day of ,te .
City of Clermont
4,
Harold S. Turville, Jr., Mayor
Attek:
t , , .„
Tracy Ackroyd, City Clerk
Allstate Paving, Inc.
''44:V
,
Len: ey 0 ' illips, President
e ...
....
M 1
kaz •
4) e
(Name P4nted or Typed)
EXHIBIT "A"
UNIT PRICE SCHEDULE
L.N. Description Price Per Street
1 Johnson Drive From Lakeshore Drive to Dead End $16,305 00
2 Chestnut Street From 6th Street to 5th Street $1,600 00
3 Sunnyside Drive North of Pine Street to Laurel Street $14,410 00
4 Sunset Lane From Hooks Street and the Crescent $6,072 00
5 Lakeview Avenue From Brogden Avenue to Haddock Drive $13,585 00
6 Haddock Drive From Lakeview Avenue to Lakeview Avenue $10,757 00
7 Ridge Avenue From Haddock Drive to Lakeview Avenue $5,354.00
8 Desoto Street From 2nd Street to East Avenue $5,537 00
9 Oak Street From 2nd Street to East Avenue $5,420 00
10 Overlook Drive From North Street to Dead End $5,320 00
11 Disston Avenue From Desoto Street to Pitt Street $12,812.00
12 Minneola Avenue From Disston Avenue to Scott Street $6,290 00
13 Montrose Street From Disston Avenue to Scott Street $6,290 00
14 Desoto Street From School Street to Bloxam Avenue $3,262 00
15 Minneola Avenue From Prince Edward Avenue to Drew Avenue $3,245 00
16 4th Street From SR 50 to Chestnut Street $2,305.00
17 Bloxam Avenue From SR 50 to Hooks Street $23,415 00
18 Millholland Drive From SR 50 to Almond Street $5,517 00
19 Carolyn Drive From 12th Street to Dead End $5,972 00
20 Juniata Street From 5th Street to Dead End $3,971 00
21 Shady Nook From Desoto Street to Curve $4,123 00
22 Juniata Street From Lake Avenue to 5th Street $6,548 00
23 Lake Avenue From SR 50 to Juniata Street $7,910 00
24 Juniata Street From 10th Street to West Avenue $5,420 00
26 Brooke Court From Bloxam Avenue to Dead End $4,667 00
27 Juniata Street From 7th Street to Lake Avenue $6,290.00
28 West Avenue From Minnehaha Avenue to Seminole Street $13,920 00
29 Chestnut Street From CR 561 to 10th Street $11,827 00
30 Chestnut Street From West Avenue to 7th Street $13,150 00
31 10th Street From SR 50 to Minnehaha Avenue $17,065 00
32 Magnolia Street From Third Street to 2nd Street $4,136 00
Lump Sum Price $252,495 00
FRONT PAGE OF
PUBLIC PAYMENT BOND
Florida Statute 255.05
BOND NO. 11- 01668 -PP
CONTRACTOR: Allstate Paving, Inc.
5284 Patch Road
Orlando, FL 32822
407 - 277 -5247
SURETY: First Sealord Surety, Inc
789 E Lancaster Avenue
Villanova, PA 19805
610 - 664 -2259
AGENT: Nielson, Wojtowicz, Neu & Associates, Inc.
1126 Central Avenue, Suite 200
St Petersburg, FL 33705
727 - 209 -1803
OBLIGEE: City of Clermont
685 W Montrose Street
Clermont, FL 34711
'PROJECT: RFB 11 -006 — 2011 Street Resurfacing Services, Clermont, FL I
SECTION — L
BONDS BOND # 11-01668-PP
PERFORMANCE BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH LABOR AND MATERIAL PAYMENT BOND
IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE
OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS
Allstate Paving, Inc , 5284 Patch Road, Orlando, FL 32822
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and
First Sealord Surety, Inc , 789 E Lancaster Ave , Villanova, PA 19805
(Full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont, as
Obligee, hereinafter called OWNER, in the amount of
Two Hundred Fifty Two Thousand Four Hundred Ninety Five and 00 /100
(Dollar Amount in Words)
($ 252,495 00
(Dollar Amount in Numbers)
(Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents
WHEREAS,
CONTRACTOR has by written Agreement dated , entered into a
Contract with OWNER for RFB No 11 -006 - 2011 Street Resurfacing Service accordance with Drawings
and Specifications prepared by for the OWNER, which
contract is by reference made a part hereof, and is hereinafter referred to as the Contract
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR
shall promptly and faithfully perform said Contract, then this obligation 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
RFB No 11 -006
Page 38 of 43
SECTION - L
BONDS
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 pnce," as used in this paragraph, shall mean the total amount payable by
OWNER to CONTRACTOR under the Contract and any amendments thereto, less the
amount properly paid by OWNER to CONTRACTOR
3) Upon termination of the Contract by the OWNER due to the CONTRACTOR'S failure to
perform under the conditions herein set forth in the Contract, the OWNER may without
prejudice to any right or remedy and after giving the CONTRACTOR and his Surety if
any, seven (7) days written notice, terminate the employment of the CONTRACTOR,
and take possession of the site and all of the materials, equipment, tools, construction
equipment, and machinery thereon owned by the CONTRACTOR and may finish the
work by whatever method he may deem expedient In such case the CONTRACTOR
shall not be entitled to receive any further payment until the work is finished
4) A claimant, except a laborer, who is not in privity with the Principal and who has not
received payment for his labor, materials or supplies shall, within 45 days after beginning
to furnish labor, materials or supplies for the prosecution of the work, furnish the
Principal with a notice that he intends to look to the bond for protection, and
5) A claimant who is not in privity with the Principal and who has not received payment for
his labor, materials, or supplies shall, within 90 days after performance of the labor or
after complete delivery of materials or supplies, deliver to the Principal and to the Surety
written notice of the performance of the labor or delivery of the materials or supplies and
of the nonpayment
6) Other than a suit by OWNER, no action shall be instituted against the Principal or the
Surety on the bond after one (1) year from the performance of the labor or completion of
delivery of the materials or supplies
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the OWNER named herein or the heirs, executors, administrators or successors of the
OWNER
RFB No 11 -006
Page 39 of 43
SECTION — L
BONDS
THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS DAY
OF 2010.
flp;iudG;•� ..,1i yF ' ��
e rJl `boos'. r ''a , �f
e 4 f
Allstate Paving, Inc �w; ".; ®
1 ( 6121)
(Principal) (Seal) ,r`: � ▪ :
172 roV
(Witness) 6 ?
. - an . I Signature)
i P ` .r 11.' ./
(Title)
First Sealord Surety, Inc
(Surety) (Seal)
(Witness)
"' • .
By it"-K/Lg. -
(Manual Signature) ;.,t, • y1 ,i'T ;*
Kevin Wojtowicz, Attorney -in- Fact" & -FL Licensed -A gent'. °
(Title) ✓�,:r;v' ` ▪ F1,� ;+
(�r , �4 �� i /, ' o
(Resident Agent as Attorney -in -Fact) ;rr, -� r� r�� l
a 1
(Wtness) nifer ipurway
789 E Lancaster Ave
(Address)
Villanova, PA 19805
610- 664 -2259
(Telephone Number)
Power of Attorney attached hereon March 7, 2011
RFB No 11 -006
Page 40 of 43
SECTION - L
BONDS Bond No 11- 01668 -PP
LABOR AND MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH THE PERFORMANCE BOND IN FAVOR
OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE
CONTRACT
KNOW ALL MEN BY THESE PRESENTS That
Allstate Paving, Inc , 5284 Patch Road, Orlando, FL 32822
(Full name and address or legal'title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and
First Sealord Surety, Inc , 789 E Lancaster Ave , Villanova, PA 19805
(Full name and address or legal title of Surety)
as Surety, hereinafter called ,Surety, are held and firmly bound unto the City of Clermont as
Obligee, hereinafter called OWNER, in the amount of
Two Hundred Fifty Two Thousand Four Hundred Ninety Five and 00 /100
(Dollar Amount in Words)
($ 252,495 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 , entered into a Contract with
FB No 11 -006 - 2011 Street Resurfacin Service
OWNER for the construction o , in accordance w Drawings and
Specifications prepared by for the OWNER, which contract is hereinafter
referred to as the Contract
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Pnncipal 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
RFB No 11 -006
Page 41 of 43
SECTION — L
BONDS
2) The above -named Principal and Surety hereby jointly and severally agree with the
OWNER that every claimant as herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after the date on which he last of such
claimant's work or labor was done or performed, or materials were furnished by such
claimant, may sue on this bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have execution
thereon The OWNER shall not be liable for the payment of any costs or expenses of
any such suit
3) Other than the OWNER, no suit or action shall be commenced hereunder by any
claimant
a) Unless claimant, other than one having a direct contract with the Principal shall
have given written notice to any two of the following The Principal, the OWNER,
or the Surety above named, within ninety (90) days after such claimant did or
performed the last of the work or labor, or furnished the last of the materials for
which said claim is made, stating with substantial accuracy the amount claimed
and the name of the party to whom the materials were furnished, or for whom the
work or labor was done or performed Such notice shall be served by mailing the
same by registered mail or certified mail, postage prepaid, in an envelope
addressed to the Principal, OWNER or Surety, at any place where an office is
regularly maintained for the transaction of business, or served in any manner in
which legal process may be served in the state in which the aforesaid project is
located, save that such service need not be made by a public officer
b) After the expiration of one (1) year following the date on which Principal ceased
work on said Contract, it being understood, however, that if any limitation
embodied in this bond is prohibited by any law controlling the construction hereof
such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law
c) Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is
situated, or in the United States District Court for the district in which the Project,
or any part thereof, is situated, and not elsewhere
d) A claimant, except a laborer, who is not in privity with the Principal and who has
not received payment for his labor, materials or supplies shall, within 45 days
after beginning to furnish labor, materials or supplies for the prosecution of the
work, furnish the Principal with a notice that he intends to look to the bond for
protection, and
e) A claimant who is not in privity with the Principal and who has not received
payment for his labor, materials or supplies shall, within 90 days after
performance of the labor or after complete delivery of materials or supplies,
RFB No 11 -006
Page 42 of 43
SECTION — L
BONDS
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 whether or not claim for the amount of such lien be
presented under and against this bond
THE FOREGOING LABOR AND MATERIAL PAYMENT BOND WAS SIGNED AND SEALED
THIS DAY OF 2010 tc ,
n, a'
Allstate Paving, Inc Ara"'
l
(Pnncipal) (Seal) r . , .. 4.a%
fitness) / i (^J 4
(Manual Si nature)
1 ) 1 0
(Title)
First Sealord Surety, Inc
(Surety) (Seal)
(Witness)
1
By ; der- r7,.°d 4�1J'Y�C
y ( a l Si nature) -
Kevin Wo3towicz, Attorney - in - Fact & FL`, Licensed Agent' .y, q'
(Title) r� 4,0 �D o
N/A -0 � °_''
., .
(Resident Agent as Attorney -in -Fact)
789 E Lancaster Ave
(Witness /nnife .purway
Villanova, PA 19805
(Address)
Power of Attorney attached hereon March 7, 2011
RFB No 11 -006
Page 43 of 43
First Sealord Surety, Inc. Power No: MCO- 0138 -11 -00837
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc , a corporation of the Commonwealth of Pennsylvania, (hereinafter the
"Company ") has made, constituted and appointed, and by these presents does make, constitute and appoint
Glenn Arvanitis, Jack Neu and /or Kevin Wojtowicz all of St Petersburg, Flonda
its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
similar nature as follows
**** *** *** Not To Exceed Five Million Dollars
---------- - --- -- ($5,000,000 00) *** * * * ****
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be
binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its
corporate seal, and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed
This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Corporation on April 7, 2003
with all Amendments thereto and are still in full force and effect
"Article XII Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto
Section 12 -1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases,
agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the
Corporation a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary, or b) by an Attorney -
in -Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature, or c) by
such other officers or representatives as the Board may from time to time determine The seal of the Corporation shall if appropnate be affixed thereto by
any such officer, Attorney -in -Fact or representative The authonty of such Attorney -in -Fact and Agents shall be as prescribed in the instrument
evidencing their appointment Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any
person empowered to make such appointment "
IN WITNESS WHEREOF, First Sealord Surety, Inc has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly
attested this 20th day of January, 2004
First Sealord Surety, Inc
i 199`-
(Seal s °snrs � Attest '/� By
Gary L Bragg, Secretary Joel D Cooperman, Vice President
Commonwealth of Pennsylvania
County of Montgomery
On this 22 day of April, 2010, before me personally appeared Joel D Cooperman, Vice President of First Sealord Surety, Inc , satisfactorily proven to
be the person whose name is subscribed to this instrument (driver's license), who, being by me duly sworn, said that he resides in the Commonwealth of
Pennsylvania, that he is Vice President of First Sealord Surety, Inc , the corporation described in and which executed the foregoing instrument, that he
knows the corporate seal of the said Corporation, that the seal affixed to said instrument is such corpnrofo cozi fhf ,f ,.,�� cn offivcri h,, orrfor of fho
*„ -r
Board of Director o1`sard Corporation, and that he signed his name thereto as Vice President of saic 0 4 10,Htiestwit yl.
YANA
State of Pefin§ylvania vx
%vunty of pefawarq - Notary 11 t i1. JAFFE Pubiio
- - t - Nota Public
EtJdrtOf 7WE1., Delaware Courtly
1{S0a1) " r CERTIFICATE MY uommisston Expires June 23, 2012
I; the.ilnclersigned Se ?retary ofiFirst Sealord Surety, Inc do hereby certify that the original Power of ,,,. ,v,c
correct t:dpy,os in full fore and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was
one of the Officeis butfyorizeci by the Board of Directors to appoint an Attorney -in -Fact as provided in Section 12 -1 of the By -Laws of First Sealord
Surety, Inc .This Certificate' may be signed and sealed by facsimile under and by authority of the following provisions of the By -Laws of First Sealord
Surety, Iric -
"Section 12 -2 The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on
any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12 -1 of the By -Laws
appointing and authorizing an Attorney -in -Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other
1 instruments described in said Section 12 -1, with like effect as if such seal and such signature had been manually affixed and made "
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents
this day of , 20
This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here 11- Ot LDtp ?- PP
), the bond
number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent
(seal) /7
_ Ga L Bragg, cretary
` sL RY
t_�wjtd.Aui J POA do( (Ed 01/20/2004)
•
COPY SECURITY PAPER PATENT NO 5.711215