Contract 2019-17A CONTRACTOR AGREEMENT �n
THIS AGREEMENT, is made and entered into thisa( day of ! i lQ-
2019, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street,Clermont,
Florida, (hereinafter referred to as "OWNER"), and KILLEBREW, INC., whose address
is: 2830 Winter Lake Rd., Lake Land, FL 33803; P.O. Box 6258, Lakeland, FL 33807,
(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. 19-029 titled Barbados Loop Forcemain Replacement,
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 Price Schedule,attached hereto and incorporated
herein as Exhibit"A". The total contract sum shall not exceed ONE HUNDRED THIRTY
TWO THOUSAND SEVEN HUNDRED EIGHTY EIGHT DOLLARS AND 00/100
CENTS ($132,788.00)
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 all permits required to perform the work,
and the CONTRACTOR will substantially complete the same within SIXTY (60)
calendar 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. Final completion
shall not exceed THIRTY(30)calendar days.
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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.
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
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 Dollars($200) 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
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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 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
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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
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, $500,000 Each
($1,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $500,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
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 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&$500,000 Each($1,000,000 aggregate)
Property Damage Liability Occurrence
Combined Single Limit
5.) 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
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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: Killebrew, Inc.
2830 Winter Lake Rd.
Lakeland, FL 33803
P.O. Box 6258, Lakeland, FL 33807
Attn: Rich Bushart,Vice President
OWNER: City of Clermont
Attn: Darren Gray, 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.
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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. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, 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) Public Records. CONTRACTOR expressly understands records associated with
this project are public records and agrees to comply with Florida's Public Records
law, to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
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(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically must be provided to the CITY in a format that
is compatible with the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352)241-7331.
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) Project Drawings and Technical Specifications
3) All documents contained in RFB No.: 19-029 titled Barbados Loop Forcemain
Replacement and CONTRACTOR's response thereto.
4) Payment and Performance Bonds
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this?p day of ( (',t((7 ,2019.
City o4•-rmont
‘>
Gail L. Ash, Mayor
Attest:
Tracy Ackroyd Howe, City Clerk
Killebrew, Inc.
By:
(Signature)
k).‘laNv Cw..s 1/ - Of(
(Name & Title Printed or Typed)
Attest:
Corporate Secretary
1\'e_A C �-tcn c) el 11y
(Name Printed or Typed)
8
EXHIBIT A
SECTION —C
PRICE SCHEDULE
Final Completion Lump Sum Price
(Words) One Hundred Thirty Two Thousand, Seven Hundred Eighty Eight
(Figures) $ 132,788.00
Contractor's Days to Substantial Completion: 60 Calendar Days.
Not to exceed: Sixty (60) calendar days from Notice To Proceed To Substantial
Completion. Final Completion Not To Exceed Thirty (30) Calendar Days Thereafter.
Should certain additional work be required, or should the quantities submitted by the
Contractor of certain classes be increased or decreased from those required by Contract
Documents, the unit prices contained below are the basis of quantifying payment to the
Contractor or credit to Owner, for such increase in the work. No additional adjustments
will be allowed. Contractor is required to enter the quantity, unit price, and total on the
spaces provided below.
LS = Lump Sum LF = Linear Feet SY= Square Yard EA= Each
Drew Ave. & East Ave. Stormwater Water Quality
L.N. Description Qty. Unit Unit Price Extended Price
1 Mobilization/Demobilization 1 LS $ 22,000.00
2 Maintenance of Traffic 1 LS $ 10,500.00
3 Sediment&Erosion Control 1 LS $5,000.00
4 Clearing &Curbing (Landscape, Trees, 1 LS $12,000.00
Pavement, Concrete)
5 Type B Stabilization 1 LS $ 1,800.00
6 6-in. Limerock Base Furnish and Install 1 LS $ 2,300.00
(Rework or Add as Needed)
Type S-III Recycled Asphaltic Concrete, I 1 LS $ 6,800.00
Furnish and Install
8 Curb &Gutter Conc. Type F, Furnish and 73 IS $26.00 $1,898.00
Install
RFB No: 19-029
Page 13 of 40
SECTION — C
PRICE SCHEDULE
9 Concrete Sidewalk—4-in.Thick, Furnish and 6 SY $165.00 $990.00
Install
10 Sodding & Landscaping Restoration, Furnish 1 LS $3.000.00
and install
11 Utility Pipe—DIP 8-in. Sewer, Furnish and 108 LF $165.00 $17,820.00
Install
12 Utility Pipe— HDPE 8-in. Sewer, Directional 732 LF $40.00 $29,280.00
Drill, Furnish and Install
13 Utility Fitting— DIO 8-in. Elbow, Furnish and 4 EA $950.00 $3,800.00
Install
14 Utility Fitting— DIP 8-in.Adapter, Furnish and 4 EA $ 650.00 $ 2,600.00
Install
15 OTHER (Specify) $1.00 $13,000.00
By signing below,the respondent agrees to all terms,conditions,and specifications as stated in this solicitation,and is
acting in an authorized capacity to execute this response.The respondent also certifies that it can and will provide and
make available,at a minimum,the items set forth in this solicitation.
Respondent Information and Signature
Company Name(print): Killebrew Inc
Street Address: 2830 Winter Lake rd, Lakeland, FL, 33803
Mailing Address(if different): P.O Box 6258, Lakeland, FL, 33807
Telephone: 863-701-0273 Fax: 863-701-9204
Email: RichKillebrewinc.net Payment Terms: % days,net
FEIN: 59 - 5?542 Professional. License No.: CGC1515807,CUC1224160,CFC1428425
Signature: Date: 03/6/2019
Print Name: Rich Bushart Title: Vice President
Does the respondent accept payment using the City's MASTERCARD? ❑ Yes I 'No
END OF SECTION —C
RFB No: 19-029
Page 14 of 40
Public Work Executed In 4 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: 54-225947
CONTRACTOR NAME: Killebrew, Inc.
CONTRACTOR ADDRESS: 2830 Winter Lake Road
Lakeland, FL 33803
CONTRACTOR PHONE NO: (863) 701-0273
SURETY COMPANY: United Fire&Casualty Company
PO Box 73909
Cedar Rapids, IA 52407-3909 (319) 399-5700
OWNER NAME: City of Clermont
OWNER ADDRESS: 685 West Montrose Street
Clermont, FL 34711
OWNER PHONE NO.: (352) 394-4081
OBLIGEE NAME:(If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT: $132,788.00
CONTRACT NO.: (If applicable) RFB No. 19-029
DESCRIPTION OF WORK: Barbados Loop Forcemain Replacement
PROJECT LOCATION: Clermont, FL
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.
A
THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND.
City of Clermont Bid 19-029
Bond No. 54-225947 SECTION — K
Executed In 4 Counterparts BONDS
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:
Killebrew, Inc., 2830 Winter Lake Road, Lakeland, FL 33803
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and United Fire&Casualty Company
PO Box 73909, Cedar Rapids, IA 52407-3909
(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:
One Hundred Thirty Two Thousand Seven Hundred Eighty-Eight and 00/100 Dollars
(Dollar Amount in Words)
($132,788.00
(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 03/26/2019 ,entered into a Contract
with OWNER for: Barbados Loop Forcemain Replacement in accordance with Drawings and
Specifications prepared by for the OWNER, which
contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR
shall promptly and faithfully perform said Contract, then this obligation 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,
RFB No: 19-029
Page 33 of 40
2/1/2019 1:09 PM p.35
•
City of Clermont Bid 19-029
SECTION — K
BONDS
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.
RFB No. 19-029
Page 34 of 40
2/1/2019 1:09 PM
p.36
• City of Clermont Bid 19-029
SECTION - K
BONDS
THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS 9th DAY
OF April 2019.
Killebrew, Inc.
(Principal) (Seal)
� f,./1../t}C L( h-- ' ., CJ,, '
1.
(Witness)Den;S e.. dt.r�-,-s. C a P--e. pec i— '�/ / `
' is
By: - -
(Manual Signature) """
W \1i RIM C . Thomas N Peks-(661-
(Title)
United Fire& Casualty Company
(Surety) (Seal)
(witness) 1 � na Pagan
By:
6)&20`;DaD--.-ratr---97-6V/C0
(Manual Signature) Gloria A. Richards*
Attorney-In-Fact& FL Licensed Resident Agent
(Title)
Gloria A. Richards *
(Resident Agent as Attorney-in-Fact)
,SQL---qR)—Q-k--LA--^-t --
(Witness) Lisa Roseland
PO Box 73909
(Address)
Cedar Rapids, IA 52407-3909
(319) 399-5700
(Telephone Number)
Power of Attorney attached hereon: April 9, 2019
* Inquiries: (407) 786-7770
RFB No: 19-029
Page 35 of 40
2/1/2019 1:09 PM p.37
THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND.
City of Clermont Bid 19-029
Bond No. 54-225947 SECTION — K
Executed In 4 Counterparts BONDS
LABOR AND MATERIAL PAYMENT BOND
THIS k3OND 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
Killebrew, Inc., 2830 Winter Lake Road, Lakeland, FL 33803
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and United Fire &Casualty Company
PO Box 73909, Cedar Rapids, IA 52407-3909
(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:
One Hundred Thirty Two Thousand Seven Hundred Eighty-Eight and 00/100 Dollars
(Dollar Amount In Words)
($132,788.00
(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 03/26/2019 , entered into a Contract with
OWNER for the construction of Barbados Loop Forcemain* , in accordance with 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 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.
RFB No. 19-029
Replacement Page 36 of 40
2/1/2019 1:09 PM p.38
City of Clermont Bid 19-029
SECTION — K
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, 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.
RFB No: 19-029
Page 37 of 40
2/1/2019 1:09 PM p.39
City of Clermont Bid 19-029
SECTION — K
BONDS
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 9th DAY OF April 2019.
Killebrew, Inc. - •
(Principal) (Seal) r= .C1 •=y i•:'l�
" VI V (-7
41-\obj`-\k
(Wdv witness)D e r,��e 11 (
or,S o �w1 Sec %
By:
(Manual Signature)
\ L11in,m L. -ThernaS �v R-fsiC,4
(Title)
United Fire & Casualty Company
(Surety) (Seal)
(*(11V1A4"3
(witness) , Jenna Pagan
By:
CSI(. 1.4-ZAZP---F&I-/12113
(Manual Signature) Gloria A. Richards*
Attorney-In-Fact& FL Licensed Resident Agent
(Title)
Gloria A. Richards*
(Resident Agent as Attorney-in-Fact)
Air
-,$) Lisa Roseland
PO Box 73909, Cedar Rapids, IA 52407-3909
(Address)
Power of Attorney attached hereon: April 9, 2019
Inquiries: (407) 786-7770
RFB No: 19-029
Page 38 of 40
2/1/2019 1:09 PM
p.40
UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety'Department
Ufie
UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE
Ceda• FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA r Rapids,IA 52401
CERTIFIED COPY OF POWER OF ATTORNEY
INSURA (original on file at Home Office of Company-See Certification)
KNOW ALL PERSONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the laws
of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and
Financial Pacific Insurance Company,a corporation duly organized and existing under the laws of the State of California(herein collectively called
the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint
KIM E. NIV, JEFFREY W. REICH, SUSAN L. REICH, TERESA L. DURHAM, GLORIA A. RICHARDS, LISA ROSELAND,
SONJA AMANDA FLOREE HARRIS, CHERYL FOLEY, ROBERT P. O'LINN, SARAH K. O'LINN,; EACH INDIVIDUALLY
their true and lawful Attomey(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 provided that no single obligation shall exceed $100,000,000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney,pursuant to the authority hereby given and 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,United Fire&
Indemnity Company,and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013,by the Boards of
Directors of United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company.
"Article VI-Surety Bonds and Undertakings"
Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President,or any other officer of the Companies may, from time to time, appoint by written
certificates attorneys-in-fact to act in behalf of the Companies 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 Companies as the original signature of such officer and the original seal of the
Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set of
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal
the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority
previously given to any attorney-in-fact.
IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its
``. � �' ,,' •.•40'EyN, ,1,17:1114:*,., 11th day of October, 2013
vice president and its corporate seal to be hereto affixed this
9 COReoRA1E S _l CORPORATE g .4" . Fo c, UNITED FIRE&CASUALTY COMPANY
SEAL = SEALq •..�, 79. ,:;�' UNITED FIRE&INDEMNITY COMPANY
'- '` " ` -:.. '.<.FOP Yom, FINANCIAL PACIFIC INSURANCE COMPANY
'-'' ,'"'s,\,,,,� - "'I1111111\1�� -���i rybIIIIIIUO\\\, �
By: �li.vr.,.:_.1
State of Iowa,County of Linn,ss: Vice President
On 11th day of October, 2013, before me personally came Dennis J. Richmann
to me known,who 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 United Fire
& Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the
corporations described in and which executed the above instrument, that he knows the seal of said corporations; 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 corporations and that he signed his
name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
�µ.e� Patti Waddell
_ � Iowa Notarial Seal
• Commission number 713274 a, Notary Public
My Commission Expires 10/26/2019
My commission expires: 10/26/2019
I, Mary A.Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistant Secretary of United Fire&Indemnity Company,and Assistant
• Secretary of Financial Pacific Insurance 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 bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof,and of the whole of the said originals, and that the said
Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations
GOA+lam day of ripti t 201
`"au untibi qulmmtq� `\\quopNsrry,,
A CORPORATE F,L I
9 aW CORPORATE LG_ 2 llLY2Z O.i g BY: L j/^�'d,1�Cd qA (� , ,,�,-fr
, SEAL ai y 4 SEAL t y..'tIFo?, im ,/,1;
Fs Assistant Secretary,
,•,,,,,,,,+Amt :°�, . ,�' niin��c` '''",an1R\\\a •`�� UF&C&UF&I&FPIC
BPOA0049 1217 This paper has a colored background and void pantograph.