2008-45CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this 14 day of October, 2008, A.D., by and
between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter
referred to as "OWNER"), 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:
FIRE STATION No. 3
as prepared by Owner and its agents shall do everything required by this Contract and the
other Contract Documents contained in the specifications, which are a part of these
Documents.
ARTICLE II -THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR, for the faithful performance of the
Contract, in lawful tender of the United States, and subject to addition and
deductions as provided in the Contract Documents, the Compensation Schedule,
attached hereto and incorporated herein as Exhibit "A" and the Unit Price
Schedule, attached hereto and incorporated herein as Exhibit "B." The total
contract sum shall not exceed One million five hundred ninety thousand dollars
and zero cents($ 1,590,000.00).
ARTICLE III -COMMENCEMENT AND COMPLETION OF WORK
1.) The CONTRACTOR shall commence work within 10 calendar days after receipt
of (i) Notice to Proceed, and (ii) receipt of three (3) sets of conformed plans, and
(iii) receipt of all survey data as required to perform construction layout, and (iv)
receipt of all permits required to perform the work, and the CONTRACTOR will
substantially complete the same within 320 days, unless the period for
completion is extended otherwise by the CONTRACT DOCUMENTS.
Substantial Completion as provided herein shall be the day the project or
designated portion thereof is certified by the Architect/Engineer when
construction is sufficiently complete, in accordance with the Contract Documents,
so the OWNER can occupy or utilize the work or designated portion thereof for
the use for which it is intended.
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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.
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
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OWNER before final payment will be made to the CONTRACTOR.
ARTICLE IV -LIQUIDATED DAMAGES
1.) It is mutually agreed that time is of the essence in regard to this Contract.
Therefore, notwithstanding any other provision contained in the Contract
Documents, should the CONTRACTOR fail to complete the work within the
specified time as set by the Notice to Proceed, or any authorized extension
thereof, CONTRACTOR shall pay to OWNER the sum of TWO HUNDRED
FIFTY Dollars ($250) per calendar day as fixed, agreed and liquidated damages
for each calendar day elapsing beyond the specified time date; which sum shall
represent the damages sustained by the OWNER, and shall be considered not as a
penalty, but in liquidation of damages sustained. Contractor shall pay the
liquidated damages amount contained herein to Owner within fifteen (15) days of
receipt of Owner's written demand for such payment.
2.) For the purposes of this Article, the day of final acceptance of the work shall be
considered a day of delay, and the scheduled day of completion of the work shall
be considered a day schedule for protection.
ARTICLE V -PARTIAL AND FINAL PAYMENTS
In accordance with the provisions fully set forth in the General Conditions, and subject to
additions and deductions as provided, the OWNER shall pay the CONTRACTOR as
follows:
1.) CONTRACTOR shall submit a progress payment request by the third (3rd) day of
each calendar month for work performed during the preceding calendar month.
Upon CONTRACTOR'S signature accepting the PARTIAL PAYMENT
AUTHORIZATION, the Owner shall make a partial payment to the Contractor,
within thirty (30) calendar days, on the basis of a duly certified and approved
estimate by the OWNER and the Engineer, for work performed during the
preceding calendar month under the Contract. To insure proper performance of
the Contract, the OWNER shall retain ten percent (10%) of the amount of each
estimate until final completion and acceptance of all work covered by the
Contract.
2.) Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER
that all payrolls, material bills and other costs incurred by the CONTRACTOR in
connection with the construction of the work have been paid in full, and also, after
all guarantees that may be required in the Specifications have been furnished and
are found acceptable by the OWNER, final payment on account of this Agreement
shall be made within thirty (30) calendar days after completion of all work by the
CONTRACTOR covered by this Agreement and acceptance of such work by the
OWNER.
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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
l.) Worker's Compensation Insurance -The Contractor shall take out and
maintain during the life of this Agreement Worker's Compensation Insurance for all his
employees connected with the work of this Project and, in case any work is sublet, the
Contractor shall require the subcontractor similarly to provide Worker's Compensation
Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Contractor. Such insurance shall comply with the Florida
Worker's Compensation Law. In case any class of employees engaged in hazardous work
under this contract at the site of the Project is not protected under the Worker's
Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the
Owner, for the protection of employees not otherwise protected.
2.) Contractor's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
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operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) Contractor's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverage's, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverage's, $1,000,000 Each
Bodily Injury & Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY
DAMAGE shall be amended to provide coverage on an occurrence basis.
3.) Subcontractor's Public Liability and Property Damage Insurance -The
Contractor shall require each of his subcontractors to procure and maintain during the life
of this subcontract, insurance of the type specified above or insure the activities of his
subcontractors in his policy, as specified above.
4.) Owner's and Contractor's Protective Liability Insurance -The Owner shall
procure and furnish an Owner's and Contractor's Protective Liability Insurance Policy
with the following minimum limits:
(a) Bodily Injury Liability & $1,000,000 Each ($2,000,000 aggregate)
Property Damage Liability Occurrence
Combined Single Limit
5.) "XCU" (Explosion, Collapse, Underground 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 Coverage's -The Contractor's Liability Policy shall include Broad Form
Property Damage Coverage, Products and Completed Operations Coverage's.
7.) Contractual Liability Work Contracts -The Contractor's Liability Policy
shall include Contractual Liability Coverage designed to protect the Contractor for
contractual liabilities assumed by the Contractor in the performance of this Agreement.
8.) Indemnification Rider
(a) To cover to the fullest extent permitted by law, the Contractor shall
indemnify and hold harmless the Owner and its agents and employees
from and against all claims, damages, losses and expenses, including
but not limited to attorney's fees, arising out of or resulting from the
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performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the
Work itself) ,and (2) is caused in whole or in part by any negligent act
or omission of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by
a party indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or otherwise reduce any other right to obligation of
indemnity which would otherwise exist as to any party or person
described in this Article.
(b) In any and all claims against the Owner or any of its agents or
employees by any employee of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligations
under this Paragraph shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable
by or for the Contractor or any subcontractor under workers' or
workmen's compensation acts, disability benefit acts or other employee
benefit acts.
(c) The Contractor hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the Owner for the
indemnification provided herein.
9.) Builder's Risk Coverage -The Contractor shall take out and maintain
during the life of this Agreement a "Builder's Risk Policy" completed value form, issued
to provide coverage's on an "all risk" basis including theft. This coverage shall not be
lapsed or canceled because of partial occupancy by the Owner prior to final acceptance of
the Project. The Owner may elect to take out and maintain this insurance coverage.
Should the Owner purchase said insurance, the insurance policy shall have a deductible
for each occurrence of $5,000.00. The Contractor shall be responsible for losses up to the
amount of the deductible.
ARTICLE IX -NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be
deemed given when received by the party to whom it is intended.
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CONTRACTOR: contractor name and address
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.
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9) Records. Contractor expressly understands and acknowledges that any and all
documents related to the services provided herein, may be considered records that
are subject to examination and production in accordance with Florida's Public
Records Law. Contractor expressly agrees that it will comply with all
requirements related to said law and that it will hold city harmless for any such
disclosure related to Florida's Public Records Law.
ARTICLE XI -CONTRACT DOCUMENTS
The Contract Documents, as stated in the Instructions to Bidders and herein made a part,
are as fully a part of this Contract as if herein repeated.
Document Precedence:
1) Contract Agreement
2) Technical Plan and Specifications
3) All documents contained in RFP No.: FIRE STATION No.3 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]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on this a~' day of No~6rn6E~L, 2008.
City of C
Harold S. ATurville, Jr., Mayor
f
Attest: i ~ f 1
Tracy Ackroyd, City Cle
(Name/Title Printed or Typed)
Address
~. U~r~~~.rz"~_ ,Florida `-1 11
~' ~ , ` If a. corporation, affix corporate
seal"and have corporate secretary
_. ` ~ aftest.
27
(Name Printed or Typed)
NOTICE OF AWARD
Date: October 31, 2008
Contractor: Marbek Construction Company
REFERENCE: NOTICE OF AWARD -FIRE STATION #3
The OWNER has considered the BID submitted by you for the above-described WORK
in response to its Advertisement for Bid dated September 9, 2008, and Information for
Bidders.
You are hereby notified that your BID has been accepted for Fire Station #3
Project, in the amount of One million five hundred ninety thousand dollars and
zero cents ($1,590,000.00).
You are required by the Information for Bidders to execute the Agreement and furnish the
required CONTRACTOR'S PERFORMANCE BOND, PAYMENT BOND, and
CERTIFICATES OF INSURANCE within ten (10) calendar days from the date of this
NOTICE to you.
You are hereby notified that you are the apparent successful Bidder on the Project noted
above. Upon compliance with the conditions, precedent to being fulfilled by you within
the time specified, the AGREEMENT will be executed and delivered to you.
Enclosed are the following:
No. Copies Item
4 Agreement between Owner and Contractor
4 Performance Bond
4 Notice of Award
NOTICE OF AWARD
PAGE TWO
Please take the following actions:
1.) Execute Agreement and Seal.
2.) Have your insurance company complete the Notice from Insurance Agent or
Broker and return along with all required certificate(s) of insurance meeting
requirements of the contract.
4.) Return all original copies of Agreement, Bonds, and Insurance Certificates to:
City of Clermont
Attn: Engineering
685 W. Montrose Street
Clermont, Florida 34711
We will return a fully executed copy of the contract documents to you along with a
NOTICE TO PROCEED.
If you fail to execute said AGREEMENT and to furnish said BONDS within ten (10)
days from the date of this Notice, said OWNER will be entitled to consider all of your
rights arising out of the OWNER'S acceptance of your bid as abandoned and as a
forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may
be granted by law.
You are required to return an acknowledged copy of this NOTICE of AWARD to the
OWNER.
Dated this ~ ~ ~~ day of ~ C~b~ 2008.
City of Clermont
By: /Gt/~Y1C~lL ~L~1pVL~__
Tamara Richardson, P.E
Director of Engineering
2
NOTICE OF AWARD
PAGE THREE
Section 1.01 ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged by:
Name of Corporation, Partnership, or Indi
this the ~~ day of -~,~~~,~ ~0~8
By:
Title: ~~,x„ ;-~,~;
F
3
1
NOTICE TO PROCEED
TO: Marbek Construction Company
PROJECT: Fire Station #3
AMOUNT OF
CONTRACT: $ 1,590,000.00
DATE: November 17, 2008
You are hereby notified to commence work on the above referenced contract on or before
November 24, 2008, and shall substantially complete all of the work of said contract
within 320 consecutive calendar days thereafter. Therefore, your SUBSTANTIAL
COMPLETION DATE is October 10, 2009. FINAL COMPLETION shall be thirty (30)
days thereafter, November 9, 2009.
The contract provides for an assessment of the sum of 250.00 as liquidated damages for
each consecutive calendar day contractor fails to complete the performance milestones set
forth in the Liquidated Damages Milestone Schedule attached hereto, including, but not
limited to, the above substantial completion date; and 250.00 as liquidated damages for
each consecutive calendar day after the above final completion date, that the work
remains incomplete.
Upon execution of this document, you are authorized to arrange a Preconstruction
Conference meeting with the City of Clermont. Please call (352) 241-7335 to schedule
this meeting. The following items, if not already submitted, must be submitted at the
time of the Preconstruction Conference:
1.) Construction Progress Schedule
2.) Any revisions to Subcontractor List (if applicable).
PAGE TWO
NOTICE TO PROCEED
Dated this 17 day of November, 2008.
City of Clermont
By `~~~'~ ~ ~~y`i~-~ 'v~c_ 1-~ ~~~----
Tamara Richardson, Director of Engineering
ACCEPTANCE OF NOTICE
Receipt of the foregoing Notice to Proceed and Authorization to Schedule
Preconstruction Conference is hereby ackfiowle d this i 'Taf day of
~~„i<~ , 2008.
By:
Title: E~,~~: ~,~ y~ t1 i c K M PI~~Nr~:v U
2
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No.: GSB 20844
Executed inSCounterpart(s)
AIA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that Marbek Construction Company
(Here insert full name and address or legal title of Contractor)
614 E. Hvvy 50, Suite 324
Clermont, FL 34711 (407) 468-8378
as Principal, hereinafter called Contractor, and, The Gray Insurance Company
2750 Lake Villa Drive, SUlte 300 (Here insert full name and address or legal title of Surety)
Metairie, LA ?0002-6783 (504) 780-7440
as Surety, hereinafter called Surety, are held and firmly bound unto rCnO
CI~(eOfinseert full name and address or legal title of Owner)
685 West Montrose St.
Clermont, FL 34711 (352) 394-4083
as Obligee, hereinafter called Owner, in the amount of One Million Five Hundred Ninety Thousand and 00/100
Dollars ($ 1,590,000.00
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated October 14, 2008 ,entered into a contract with Owner for
(Here insert full name and address and description of project)
Fire Station No. 3, Legends Way, Clermont, Florida
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND• .AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N, W., WASHINGTON, D.C. 20006
$~.IZrty
)~YIS 11c.
PERFORMANCE BOND
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, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon de-
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and Owner,
and make available as Work progresses (even
though there should be a default or a succession of
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 frrst 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.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors, adminis-
trators or successors of the Owner.
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND.
ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE
WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23
FLORIDA STATUTES.
Signed and sealed this 7th
(Witness)
( fitness)
day of Novetx>,ber 2008
ThP C;rav TnsllranrP romDany
(Surety) (Seal)
r ~. /
Leslie M. Donahue
Attorney-in-Fact and FL Lic. Resident Agent
Inquiries: (407) 786-7770
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND• • AlA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y AVE., N.W., WASHINGTON, D.C- 20006 2
~,~.,.'
A r.
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No.: GSB 20844
Executed in SCounterpart (s)
A!A Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that Marbek Construction Company
614 E. Hwy 50, Suite 324 (Here insert full name and address or legal title of Contractor)
Clermont, FL 34711 (407) 468-8378
as Principal, hereinafter called Principal, and,The Gray Insurance Company
2750 Lake Villa Drive, SUite 300 (Here insert full name and address or legal title of Surety)
Metairie, LA 70002-6783 (504) 780-7440
as Surety, hereinafter called Surety, are held and firmly bound unto City of Clermont
(Here insert full name and address or legal title of Owner)
685 West Montrose St.
Clermont, FL 34711 (352) 394-4083
as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the
amount of One Million Five Hundred Ninety Thousand and 00/100
(Here insert a sum equal to at least one-half of the contract price) Dollars (~ 1,590,000,00
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated October 14. 2008 ,entered into a contract with Owner for
(Here insert full name and address and description of project)
Fire Station No. 3, Legends Way, Clermont, Florida
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND• • AIA ® 3
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
I~OR1C~,1
S~!Rf Ty
6C)N(j5 I~(~.
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol-
lowing conditions:
1. A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or reasonably
required for use in the performance of the Contract,
labor and material being construed to include that part of
water, gas, power, light, heat, oil gasoline, telephone
service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for
the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses
of any such suit.
3. No suit or action shall be commenced hereunder by
any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shalt have given written
notice to any two of the following: The Principal, the
Owner, or the surety above named, within ninety (90)
days after such claimant did or performed the last of the
work or labor, or furnished the last of the materials for
which said claim is made, stating with substantial
accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope ad-
dressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the trans-
action of business, or served in any manner in which
legal process may be served in the state in which the
aforesaid project is located, save that such service need
not be made by a public officer.
b) After the expiration of one (1) year following the
date on which Principal ceased Work on said Contract,
it being understood, however, that if any limitation em-
bodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed
to be amended so as to be equal to the minimum period
of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision of
the state in which the Project, or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereof, is sit-
uated, and not elsewhere.
4. The amount of this bond shall be reduced by and to
the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount
of such lien be presented under and against this bond.
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES,
AND ANY ACTION INSTITUTED 8Y A CLAIMANT UNDER THIS 80ND FOR PAYMENT MUST BE IN
ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR
SECTION 713.23 FLORIDA STATUTES.
Signed and sealed this 7th
(Witness)
( fitness)
day of
~~c~c- /~
2008
The Gray Insurance Company
(Seal): ..: ~ .
;_
(Surety) (Seal)
_ ~~~%e~xur~ ~/~(
Leslie M. Donahue
Attorney-in-Factand FL Lic. Resident Agent
Inquiries: (407) 786-7770
AIA DOCUMENT A311 .PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND• . AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C 20006
THE GRAY INSURANCE COMPANY ~, .-. -. •--
TI-IE GRAY CASUALTY & SURE"I'Y COMPANY ~ ~~ ';:.; ,.
GENF,RAL POWER OF ATTORNEY
KNOW ALL BY THESE PRESEN"f S. 'CHAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly
organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint
Susan L. Reich, Jeffrey W. Reich, lion Bramlage, Kim E. Niv, J. Gregory MacKenzie, Leslie M. Donahue, Patricia L. Slaughter, Teresa L.
Durham, and Gloria A. Richards, of Maitland, Florida jointly or severally on behalf of each of the Companies named above its 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 nature of a
bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or
undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26t1i day of June,
2003
"RESOLVED, that the President, Executive Vice ]'resident, any Vice President, or the Secretary be and each or any of them hereby is
authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company
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
Attorney, and to attach the seal of the Company; and it is
FURTHF,R RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or
to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing 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 of surety to which it is
attached.
IIV WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto
affixed, and these presents to be signed by tlteir authorized officers this 15th day of February, 2006.
~SURAp BV: /~ ~~~
;t SEAL ~ Michael T. Gray
~'~ -~- .•~' President, The Gray Insurance Company
y`~`'~• * • •'f~ and
Vice President,
The Gray Casualty & Surety Company
State of Louisiana
Attest: j~~~,~1 ~ j7 j~~~
Mark S. Manguno
Secretary,
The Gray Insurance Company,
The Gray Casualty & Surety Company
J*~tV'8 BU,R
i
~~ SEAL
,, a
*'
SS:
Parish of Jefferson
On this 15th day of February, 2006, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company
and Vice President of The Grtry Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray
Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed
the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies.
abr; ..:.. ».,t z,
t '~~}~'~~ f.
*~ f*~ Lisa S. Millar, Notary Public, Parish of Orleans
~,,~t ~~ ,fie, State of Louisiana
"°~rFaF ~p~~9ay°'• My Commission is for Life
,,,,,,r
I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and
forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this ~ day of ~)~~,m~T ~ '~~~~
~ NU R A N G Jr~T Y^a~.sU
e; :p a.( S.c,
;: S E A L S ~: S E A L S Mark S. Manguno, Secretary
,~~ _._ ~ ,~ ~._ ~ The Gray Insurance Company
yl`•~.... ••`~' yr`~.~.». •~''~' The Gray Casualty & Surety Company ~; t'~
+" *"
~F
~'
POA1000] Rev 6/15/2003
560103 2/15/2006