MAGNOLIA DRIVE OUTFALL IMPROVEMENTS - 12-0023-EN - PUBLIC CONSTRUCTION BONDSECTION 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(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
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, 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.
Liberty Mutual Insurance Company
THE CONDITION OF THIS BOND is that if Contractor:
1. 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 2111/2016
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 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 ah day
of mcrCh , 201(0.
(If sok Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and gix seal).
POSPIECH CONTRACTING, INC.
WITNESS: 3 2q-go
WITNESS:
Print Name:
(affix corporate seal)
SECTION V
4iech
Print Name:
Liberty Mutual Insurance Company
(Corporate Surety)
By: Ta,Q
ATTORNEY -IN -FACT
Print Name: Paul A. Locascio, Attomey -In -Fact & Fla. Resident Agent
(affix corporate seal)
(Power of Attorney must be attached)
Page 2 of 17 Updated 2/11/2016
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:
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).
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: q€49(1, /C /4 4;5
George N. Cretekos,
Mayor
Contractor must indicate whether
�/ 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.
Attest:
Rosemarie Call
City Clerk
Approved as to form:
i'vti(
M w M. Smith
Assistant City Attorney
By:
Print Name:
Title:
(SEAL)
SECTION V Page 6 of 17 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.
,( l (CI S nn0P,1c4
Notary Public
My Commission Expires:
µrr Pr DELLA M. miff
MY COMMISSION # FF 158326
EXPIRES: September 9, 2018
444.00 , Bonded Thru Budget Nobly Sarlcee