MAGNOLIA DRIVE OUTFALL IMPROVEMENTS - 12-0023-EN 1
71,
CERTIFICATE OF SUBSTANTIAL COMPLETION
(All_ ut lF'inal1 Lift of Asphalt)
Project: Magnolia Drive Outfall I 2r°ove eats Project Contract Number: 12-0023-EN
Location: Harbor Oaks l ei l�orl�ood be eery r i�l Lot s Path
Contract Date. 4120116 Notice to Proceed ate. 5125116
Substantial Completion Date: 7126117 Warranty Expiration Bate: 7126/1
Consultant:
The work perfonned under this Contract has been inspected by authorized representatives of the Owner,
Contractor, and Consultant, and the Project(or specified park of the Project, as indicated above) is hereby
declared to be substantially completed on the above date.
DEFINITION OF SUBSTANTIAL CC3MPLET N
Substantial completion is the stage in construction when a project or designated portion thereof is
staff ciently complete in accordance with contract documents so that the Owner can use the work or
portion thereo for its intended use. Iters that q ect operational integrity and_function of the work must
be capable afcontinuous use.
The Contractor accepts the above Certificate of Substantial Completion and agrees to complete and
correct the items on the tentative list within the time indicated,
Pos Tech Contracting By:
Contractor Authori d Representative �.m late
The Owner accepts the specified area of the project as Substantially Complete and will assume full
possession of the specified area of the Project on Jul 26,2017. The responsibility for utilities,, security,
and insurance ua deT the Contract Documents shall be as set forth in the Contract Documents.
Tara Kivett
City of Clearwater �y Authorized Representative Datt
e
Certificate of Substantial Completion Page I
PROJECT PUNCH LIST
A punch list of items to be completed or corrected by August 11 s list may
12017, is appended hereto. Thi
not be exhaustive, and the failure to include an item on it does not alter the responsibility of the
Contractors to complete all the work in accordance with the Contract Documents.
PROJECT ONE YEAR WARRANTY
Contract Section III,
13.5 WARRA M'MORRECTION PERIOD
ff within one year qfter the date QfSubstantial Completion or such longer period of time as may be prescribed
by Laivs or Regulations or by the terms of arty applicable special guarantee required by the Contraci
Documents or b);at�v specific provision of the Contract Documents, arae lVork isfibund to be defective.
Contractor shailpromptly, without cost to the Owner and in accordance with the Owner:s written
instructions,- (i) correct such ckfective Work-, or, if it has been rejected ky the Owner, remove itfi-om the site
and replace it ivith lVork that is not dqfective and(H) satisfactorily correct or remove and replace damage
to other 11,ork or the work of others resulting therefrom...
lfhere defective Ifork(and damage to other lVork resulting therefrom) has been corrected, removed or
replaced under this paragraph the correction period hereunder ivith respect to such Krork-will be ext ended.161-
ars additional period of one year after-such correction or removal and replacement has been satisfy ctorily
completed.
Substantial Completion Date. 7/26/17 Warranty Expiration Date: a 7/26/18
A copy of this signed and executed document should be provided to the following parties
Project Owner Representative
Project Contractor
City Engineering Construction Office Specialist
Project File
Certificalh',, of Substantial Com.Dlefion Page
March 22, 2016
City of Clearwater
100 S Myrtle Avenue
Clearwater, FL 33756
ALDORFF
INSURANCE & BONDING
RE: Pospiech Contracting, Inc.
Bond No. 016065228
Project: 12- 0023 -EN, Magnolia Drive Outfall Improvements , Clearwater, FL
To Whom It May Concern:
Please be advised that this letter will serve, as confirmation to date the performance bond, payment
bond and power of attorney on the above referenced project that our client, Pospiech Contracting,
Inc., is going to perform. Please make sure the date is the same date of the contract or later.
If there are any questions or need for further information please contact us.
Sincerely yours,
4.44,Q Q _ 4ye0
Paul A. Locascio
Aittgyney -In Fact
Liberty Mutual Insurance Company
MAIN OFF /CE
45 EGLIN PARKWAY, NE SUITE 202
FORT WALTON BEACH, FL 32548
(850) 581-4925 Fax (850) 581 -4930
TOLL FREE: (800) 342 -7621
Trusted
Choice®
WWW.WALDORFFINSURANCE.COM
1110 NW 6TH STREET
GAINESVILLE, FL 32601-4247
(352) 374 -7779 Fax (850) 581 -4930
TOLL FREE: (888) 901 -3841
Bond No.: 016065228
PUBLIC CONSTRUCTION BOND
(1)
This bond is given to comply with § 255.05, 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
subsections (2) and (10).
Pursuant to § 255.05(1)(b), Florida Statutes, "Before commencing the work or before recommencing
the work after a default or abandonment, the contractor shall provide to the public entity a certified
copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing
prompt payment for construction services, the public entity may not make a payment to the contractor
until the contractor has complied with this paragraph."
CONTRACTOR
SURETY OWNER
POSPIECH CONTRACTING, INC. LIBERTY MUTUAL INSURANCE CITY OF CLEARWATER
201 S. APOPKA AVE. COMPANY ENGINEERING
INVERNESS, FL 34452 175 BERKELEY STREET 100 S. MYRTLE AVE.
(352) 726 -3940 BOSTON, MA 02116 CLEARWATER, FL 33756
(617) 357 -9500 (727) 562 -4752
PROJECT NAME: MAGNOLIA DRIVE OUTFALL IMPROVEMENTS
PROJECT NO.: 12- 0023 -EN
PROJECT DESCRIPTION: Scope includes installation of storm pipe, curb inlets, three triple- chamber
stormwater baffle boxes, gravity sanitary sewer replacement (PVC pipe and manholes), ductile iron
water main replacement, various curb and driveway aprons, and roadway work.
BY THIS BOND, We, Pospiech Contracting, Inc. , as Contractor, and
Liberty Mutual Insurance Company , a corporation, as Surety, are bound to
the City of Clearwater, Florida, herein called Owner, in the sum of $5,982,694.60, for payment of which
we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the contract dated C_ , _) O /p , between Contractor and Owner for
construction of MAGNOLIA DRIVE OUTFALL IMPROVEMENTS, the contract documents
being made a part of this bond by reference (which include the Advertisement for Bids, Proposal,
Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and
Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for),
at the times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the
prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Contractor under the contract; and
Bond No.: 016065228
Bond No. 016065228
SECTION V— Contract Documents
PUBLIC CONSTRUCTION BOND
(2)
4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their
officers and employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful
misconduct of Contractor and persons employed or utilized by Contractor in the performance of the
construction contract and
5. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
6. 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), Florida Statutes.
7. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under this
bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day
of , 20
(If sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
(ex corporate seal)
SECTION V
OSPIECH CONTRACTING. INC.
By:
Title: CStden-L
Print Name: CQ r I -
WITNESS:
Print Name:
Liberty Mutual Insurance Company
(Corporate Surety)
By: T��.�,Q 4 -
ATTORNEY -IN -FACT
Print Name: Paul A. Locascio, Attorney -In -Fact & Fla. Resident Agent
(afjix corporate seal)
(Power of Attorney must be attac
Page 2 of 17 Updated 2/11/2016
CONTRACT
(1)
This CONTRACT made and entered into this,,eday of apkt , 20 16 by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City ", and
, of the City of County of
and State of Florida, hereinafter designated as the "Contractor ".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements on
the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
PROJECT NAME: MAGNOLIA DRIVE OUTFALL IMPROVEMENTS
PROJECT NO.: 12- 0023 -EN
in the amount of $ 5,982,694.60
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders, general conditions, technical specifications, proposal and bond, which may be
hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the Contractor,
then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have
the right to proceed to complete such work as Contractor is obligated to perform in accordance with the
provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO
HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES,
COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE
UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE
CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES
RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB
CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2).
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post hereafter in conspicuous places, available for employees or applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of the non discrimination
clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and /or worker's representatives, except sub contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated herein,
it is then further agreed that the City may deduct from such sums or compensation as may be due to the
Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor
remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only
and solely represent damages which the City has sustained by reason of the failure of the Contractor to
complete the work within the time stipulated, it being further agreed that this sum is not to be construed
as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete
and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the public construction bond which is attached hereto for the faithful performance of
the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the
surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said
bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his
or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an
additional bond or bonds in such term and amounts and with such surety or sureties as shall be
satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor
under the terms and provisions of this contract until such new or additional security bond guaranteeing
the faithful performance of the work under the terms hereof shall be completed and furnished to the City
in a form satisfactory to it.
CONTRACT
(3)
The successful bidder /contractor will be required to comply with Section 119.0701, Florida Statutes
(2014), specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the City of
Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that the City of
Clearwater would provide the records and at a cost that does not exceed the cost provided in
Chapter 119 or as otherwise provided by law;
(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; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater
all public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the City of Clearwater in a
format that is compatible with the information technology systems of the City of Clearwater.
CONTRACT
(4)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
BY: W ,t,QQ{.y.. 6, 14,14,Q;
William B. Horne, II
City Manager
Countersigned:
By: CtRAikQ n Cat NVf
George N. Cretekos,
Mayor
Contractor must indicate whether
X Corporation
Partnership
Company
or
Individual
The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation — provide
Affidavit.
(SEAL)
Rosemarie Call
City Clerk
Approved as to form:
Matthew M. Smit
Assistant City Attorney
Pospiech Contracting, Inc.
(Contractor)
By:
Print Name: William Scott Smith
Title: Vice President
..- (SEAL)
RDBRIECH
CONTRACTING
201 S. APOPKA AVENUE, INVERNESS, FL 34452 PHONE: 352 - 726 -3940 FAX: 352 - 726 -5250
AUTHORIZATION BY CORPORATION TO EXECUTE
(Contracts, Subcontracts, Change Orders & Purchase Orders)
Pospiech Contracting, Inc., a corporation, through Richard L. Pospiech, the President, hereby
authorizes, William Scott Smith
(Name of Designee)
to execute Contracts, Subcontracts, Change Orders & Purchase Orders, and all attachments to
these documents on behalf of the corporation. Our license numbers are CGC057892 and
CUC051670 and our FEIN # 59- 3025360.
This authorization shall remain in effect until cancelled by the corporation in writing.
Dated this 14 day of April
Richard L. Pospiec
STATE OF FLORIDA
COUNTY OF CITRUS
,2016
The foregoing instrument was acknowledged before me this 14th day of April
20 16 by Richard L. Pospiech, President of Pospiech Contracting, Inc., who is personally
known to me and did not take an oath.
My Commission Expires:
FRONT PAGE OF PUBLIC PAYMENT & PERFORMANCE BOND
In compliance with F.S. Chapter 255.05(1)(a)
Bond No.:
Contractor Name:
Contractor Address:
Contractor Phone No:
Surety Company Name:
Surety Company Address:
Surety Company Phone No:
Agent Name:
Agent Address:
Agent Phone No:
Obligee Name:
Obligee Address:
Obligee Phone No:
Bond Amount:
016065228
Pospiech Contracting. Inc.
201 S. Apopka Ave.
Inverness. FL 34452
352- 726 -3940
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02116
617- 357 -9500
WaldorffInsurance & Bonding, Inc.
1110 NW 6th Street
Gainesville, FL 32601
352- 374-7779
City of Clearwater
100 S Myrtle Avenue
Clearwater, FL 33756
727 - 562 -4633
$5,982,694.60
Contract No: (if applicable) 12-0023-EN
Description of Work: Magnolia Drive Outfall Improvements
Project Address:
Clearwater. FL
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page nutnbea(s) that may be pre- printed thereon
• THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7101623
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
#016065228
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Benjamin H. French; Paul A. Locascio; Rebekah Wolf
all of the city of Ft Walton Beach state of FL each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 2nd day of September 2015
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
On this 2nd day of September 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
COMMONWEALTH OF PENNSYLVANIA
ss
By:
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West merican Insurance Company
David M. Care K4, Assistant Secretary
Notarial Seal
Teresa Pastella, Notary Public
Plymouth Twp., Montgomery County
My Commission Expires March 28, 2017
Member, Pennsylvania Association of Notaries
This Power of Attorney is made and executed pursuant to an Wauthority of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact, subject to the limitations set forth in their respective
powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said
Teresa Pastella, Notary Public
Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of s. • 20
•
LMS_12873_122013
By:
Gregory W. Davenpor( Assi'tant Secretary -
216 of 500
SECTION V — Contract Documents
Bond No.: 016065228
PUBLIC CONSTRUCTION BOND
(1)
This bond is given to comply with § 255.05, 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
subsections (2) and (10).
Pursuant to § 255.05(I)(b), Florida Statutes, "Before commencing the work or before recommencing
the work after a default or abandonment, the contractor shall provide to the public entity a certified
copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing
prompt payment for construction services, the public entity may not make a payment to the contractor
until the contractor has complied with this paragraph."
CONTRACTOR
POSPIECH CONTRACTING, INC.
201 S. APOPKA AVE.
INVERNESS, FL 34452
(352) 726 -3940
•
SURETY
LIBERTY MUTUAL INSURANCE
COMPANY
175 BERKELEY STREET
BOSTON, MA 02116
(617) 357-9500
OWNER
CITY OF CLEARWATER
ENGINEERING
100 S. MYRTLE AVE.
CLEARWATER, FL 33756
(727) 562 -4752
PROJECT NAME: MAGNOLIA DRIVE OUTFALL IMPROVEMENTS
PROJECT NO.: 12- 0023 -EN
PROJECT DESCRIPTION: Scope includes installation of storm pipe, curb inlets, three triple- chamber
stormwater baffle boxes, gravity sanitary sewer replacement (PVC pipe and manholes), ductile iron
water main replacement, various curb and driveway aprons, and roadway work.
BY THIS BOND, We,
Liberty Mutual Insurance Company
Pospiech Contracting, Inc. as Contractor, and
, a corporation, as Surety, are bound to
the City of Clearwater, Florida, herein called Owner, in the sum of $5,982,694.60, for payment of which
we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Contractor:
I. Performs the contract dated , between Contractor and Owner for
construction of MAGNOLIA DRIVE OUTFALL IMPROVEMENTS, the contract documents
being made a part of this bond by reference (which include the Advertisement for Bids, Proposal,
Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and
Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for),
at the times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the
prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Contractor under the contract; and
Bond No.: 016065228
SECTION V Page 1 of 17 Updated 2/11/2016
Bond No. 016065228
SECT)ON V— Contract Documents
PUBLIC CONSTRUCTION BOND
(2)
4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their
officers and employees, from Iiabilities, damages, losses and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful
misconduct of Contractor and persons employed or utilized by Contractor in the performance of the
construction contract and
5. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
6. 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), Florida Statutes.
7. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under this
bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this 2q 4h day
of rna rCJ) , 2011o.
(If sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
POSPIECH CONTRACTING, INC.
WITNESS: a 2q-I�D
Print Name:
(affix corporate seal)
Rispiech
WITNESS:
Print Name:
Liberty Mutual Insurance Company
(Corporate Surety)
By: 1 atj G.c4 .Q , /Mtue2.4/°
ATTORNEY -IN -FACT
Print Name: Paul A. Locascio, Attomey -In -Fact & Fla. Resident Agent
(affix corporate seal)
(Power of Attorney must be attached)
SECTION V Page 2 of 17 Updated 2/10016
SECTION V— Contract Documents
CONTRACT
(1)
This CONTRACT made and entered into this day of , 20 by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City ", and
, of the City of County of
and State of Florida, hereinafter designated as the "Contractor ".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements on
the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
PROTECT NAME: MAGNOLIA DRIVE OUTFALL IMPROVEMENTS
PROJECT NO.: 12- 0023 -EN
in the amount of $5,982,694.60
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders, general conditions, technical specifications, proposal and bond, which may be
hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the Contractor,
then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have
the right to proceed to complete such work as Contractor is obligated to perform in accordance with the
provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO
HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES,
COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE
UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE
CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES
RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB
CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2).
SECTION V Page 3 of 17 Updated 2/11/2016
SECTION V— Contract Documents
CONTRACT
(4)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:
William B. Horne, II
City Manager
Countersigned:
BY: 2411.e /NCt -t dos
George N. Cretekos,
Mayor
Contractor must
�/ Corporation
Partnership
Company
or
Individual
indicate
whether
The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation — provide
Affidavit.
SECTION V Page 6 of 17
Attest:
ntai
Rosemarie Call
City Clerk
Approved as to form:
M w M. Smith
Assistant City Attorney
By:
Print Name:
Title:
(SEAL)
Updated 2/11/2016
SECTION V — Contract Documents
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post hereafter in conspicuous places, available for employees or applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of the non discrimination
clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and /or worker's representatives, except sub contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated herein,
it is then further agreed that the City may deduct from such sums or compensation as may be due to the
Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor
remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only
and solely represent damages which the City has sustained by reason of the failure of the Contractor to
complete the work within the time stipulated, it being further agreed that this sum is not to be construed
as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete
and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the public construction bond which is attached hereto for the faithful performance of
the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the
surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said
bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his
or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an
additional bond or bonds in such term and amounts and with such surety or sureties as shall be
satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor
under the terms and provisions of this contract until such new or additional security bond guaranteeing
the faithful performance of the work under the terms hereof shall be completed and furnished to the City
in a form satisfactory to it.
SECTION V Page 4 of 17 Updated 2/11/2016
SECTION V — Contract Documents
CONTRACT
(3)
The successful bidder /contractor will be required to comply with Section 119.0701, Florida Statutes
(2014), specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the City of
Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that the City of
Clearwater would provide the records and at a cost that does not exceed the cost provided in
Chapter 119 or as otherwise provided by law;
(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; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater
all public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the City of Clearwater in a
format that is compatible with the information technology systems of the City of Clearwater.
SECTION V Page 5 of 17 Updated 2/11/2016
RDBRIECH
CONTRACTING
201 S. APOPKA AVENUE, INVERNESS, FL 34452 PHONE: 352 - 726 -3940 FAX: 352 - 726-5250
AUTHORIZATION BY CORPORATION TO EXECUTE
(Contracts, Subcontracts, Change Orders & Purchase Orders)
Pospiech Contracting, Inc., a corporation, through Richard L. Pospiech, the President, hereby
authorizes, William Scott Smith
(Name of Designee)
to execute Contracts, Subcontracts, Change Orders & Purchase Orders, and all attachments to
these documents on behalf of the corporation. Our license numbers are CGC057892 and
CUC051670 and our FEIN # 59- 3025360.
This authorization shall remain in effect until cancelled by the corporation in writing.
Dated this 22nd day of March , 2016
Richard L. Pospiech,
STATE OF FLORIDA
COUNTY OF CITRUS
The foregoing instrument was acknowledged before me this 22nd day of March
20 16 by Richard L. Pospiech, President of Pospiech Contracting, Inc., who is personally
known to me and did not take an oath.
,f,67 (a( K-1-lin_olc4
Notary Public
My Commission Expires:
a�`;"•��:; DELI.A M. KNEW
MY COMMISSION 1 FF 158926
EXPIRES: September 9, 2018
%eoneu Bonded mru Budget Notary Sorrkee