MORNINGSIDE TENNIS COURT LIGHTING - 19-0035-PR - PUBLIC CONSTRUCTION BOND - FLC85756I#: 2020388499 BK: 21316 PG: 1141, 12/28/2020 at 12:03 PM, RECORDING 4 PAGES
$35.5Q .KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY
DEPUTY CLERK: clkl03954
Performance and Payment Bond
Public Work
Surety Bond No.: FLC85756
As to the Contractor/Principal:
Name: M Gay Constructors Inc
Principal Business Address: 11901 Industry Drive Jacksonville, FL 32218
Telephone: (904) 714-4001
As to the Surety:
Name: Merchants Bonding Company (Mutual)
Principal Business Address: P O Box 14498 Des Moines IA 50306
Telephone: (800) 678-8171
As to the Owner of the Property/Contracting Public Entity:
Name: City of Clearwater Parks & Recreation
Principal Business Address: 100 S Myrtle Avenue Clearwater FL 33756
Telephone: 727-562-4800
Project Description: Morningside Tennis Court Lighting
Project No 19 -0035 -PR
Legal Description of Project: Morningside Tennis Court Lighting
Project No 19 -0035 -PR
This bond has been furnished to comply with the requirements of F.S.A. 255.05. This bond is hereby amended such that
All provisions and limitations, including conditions, notice and time limitations of F.S.A. 255.05 are incorporated herein by
reference. Any provisions of this bond which conflicts with or purports to grant broader or more expanded coverage in
excess of the minimum requirements of the applicable statute shall be deemed herefrom. This bond is a statutory bond,
not a common law bond.
This is the front page of the performance/ payment bond(s) regardless of preprinted numbers on the otherpages issued in
compliance with Florida Statute 255.05
•PINELLAS COUNTY FL OFF. REC. BK 21316 PG 1142
SECTION V—Contract Documents
Bond No.: FLC85756
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 comv
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
City of Clearwater
M. Gay Constructors, Inc. Merchants Bonding Company (Mutual) Parks & Recreation
11901 Industry Dr. P O Box 14498 100 S. Myrtle Avenue
Jacksonville, FL 32218 Des Moines IA 50362 Clearwater, FL 33756
(904)714-4001 (727)562-4800
PROJECT NAME: Morningside Tennis Court Lighting
PROJECT NO.: 19 -0035 -PR
PROJECT DESCRIPTION: The installation of new LED Lighting System of existing tennis courts at
Morningside Recreation Center, 2400 Ham Blvd., Clearwater, FL 33764.
BY THIS BOND, We, M. Gay Constructors, Inc., as Contractor, and
Merchants Bonding Company (Mutual) a corporation, as Surety, are bound to the
City of Clearwater, Florida, herein called Owner, in the sum of $169,470.40, 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 between Contractor and Owner for construction
of Momingside Tennis Court Lighting, 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
SECTION V Page 1 of 16 Updated: 5/4/2020
PINELLAS COUNTY FL OFF. REC. BK 21316 PG 1143
SECTION V—Contract Documents
Bond No.: FLC85766
PUBLIC CONSTRUCTION BOND
(2)
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
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_
(lfsole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
WITNESS:
Corporate Secretary or Witness U
Print Name:
(affix corporate seal)
M. Gay Construct o nC.
By:
Title:
Print Name:
WITNESS:
PrituWame:
Merchants Bonding Company (Mutuao
(Corporate S
By:11-
ATTOITNE)69-FAC'T
c d�
Print Name: Benjamin P—[L ?ttomey in Fact
(affix corporate seal)
(Power of Attorney must be attached)
SECTION V Page 2 of 16 Updated: 5/4/2020
-PINELLAS COUNTY FL OFF. REC. EIK 21316 PG 1144
i Cic^'Y C'k;4�t
r
f�� •las
MERCHANTS
BONDING COMPANY..
POWER OF ATTORNEY
STATE OF FLORIDA-PINELLAS COUNTY
I hereby certify that (he foregoing is a true
copy as recorded in the official records of
Clerk of
0I. T .a r A
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein celleclively called the'Compardes) do hereby make, constitute and appoint. Individually,
Benjamin Powell; Fitzhugh K Powell Jr, Robert T Theus; Susan W Jordan
their true and lawful Attomey(s)4n-Fact, to sign its name as surely(les) and to execute, seal and acknowledge any and all bonds, undertaldngs,
contracts and other written instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Powerof-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of MerchantsNalbnai Bonding, Inc., on October 16, 2015.
'The President. Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.'
'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when an used shall have the same force and effect as though manually fixed'
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut horiy, hereby given to the
Attomey4n-Fact Includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. it Is fully understood that censenting to the Slate of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under dsbond.
In connection with obligations in favor of the Kentucky Department of Highways onty, it is agreed that the power and authority hereby given
to the Altomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at toast thirty (30) days prior to the modification or revocation.
In Wdness Whereof, the Companies have caused this Instrument to be signed and mated this 11th day of February , 2020
Sh�GpPP ORq@yam
MERCHANTS
BONDING
.•mO� QP099 A9y• MERCHANTNATIONAL BONDIING(NC.
-o-
o d : y; 1933 :Y ; By
%a.. ......... . ���1�; " . ub� .. ...`�a�. Pmsfdent
STATE OF IOWA ,•""•.....•''• ''•••••
COUNTY OF DALLAS as.
On this 11th day of February 2020 , before me appeared Larry Taylor, to me personally known, who being by me duty swum
did say chat he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and (hat the said insbumant was signed and seated in behalf
of the Companies by authority of their respective Boards of Directors.
sy POILY MASON
Commission Number7 50576
mksv_ J
My Commission E)p)res?
10'Nl. January 07, 2023 Nafary Public
(EVIration of rntanys commission
does rot invalidate this Instrument)
I, William Warner, Jr-, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, do hereby
certify that the above: antl foregoing is a true and correct copy of the POWER -0F -ATTORNEY executed by said Companies, which is still in full
force and effect and has net been amended or revoked.
N Witness Whereof, I have
POA 0018 (1/203
and affL> d the seal of the Companies m [his 21St day of December ,2020
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