HomeMy WebLinkAboutVarsity Courts Inc.- Labor & Materials Payment Bond Agreement - Central Winds Pickleball - Bond No. 100296694 - 2023 12 06LABOR AND MATERIALS PAYMENT BOND
Bond No. 100296694
BY THIS LABOR AND MATERIALS PAYMENT BOND, We Varsity Courts, Inc._,
as Principal, whose address is 1970-A Corporate Square, Longwood, FL 32750 and
telephone number is (407)8304906 and Merchants National Bonding Inc., as Surety,
whose address is 6700 Westown Parkway, West Des Moines, IA 50266 and telephone
number is (800) 6784171�are bound to the City of Winter Springs, a Florida municipal
corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida
32708 and telephone number is 407-327-1800, in the initial sum of $ 205,685.00 (110% of
Contract Price), or such greater amount as the Contract may be adjusted from time to time
in accordance with the Contract between the Principal and OWNER) (the "Penal Sum").
WHEREAS, the Principal has executed a contract with the OWNER, dated _2/28/2023_,
for the construction of the _Central Winds Pickleball Complex — Piggy Back Rider Agreement
for Asphalt Play Courts ITB No. ITB 1903056_ project in the City of Winter Springs, Seminole
County, Florida (the "Project"); and
WHEREAS, the OWNER has required the Principal to furnish a labor and materials
payment bond in accordance with law and as a condition of executing the Contract with
Principal; and
WHEREAS, this bond is being entered into to satisfy the requirements of Section
255.05(1), Florida Statutes and the Contract referenced above, as the same may be
amended, and additionally, to provide common law rights more expansive than as required
by statute.
NOW THEREFORE, the Surety and the Principal, both joint and severally, and for
themselves, their heirs, administrators, executors, successors and assigns agree as follows:
l . CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL
PERFORMANCE. The Contract is incorporated by reference and made a part of this
bond. The Surety and the Principal are bound to promptly make payments to all claimants,
as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials,
supplies, or rental equipment used directly or indirectly by Principal in the prosecution of
the work provided under the Contract. Any such payments shall not involve the OWNER
in any expense.
2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section
255.05, Florida Statutes, and applicable law. Therefore, a claimant, except a laborer, who
is not in privity with the Principal shall, before commencing or not later than 45 days after
commencing to furnish labor, services, or materials for the prosecution of the work, furnish
the Principal with written notice that he or she intends to look to the bond for protection.
FORM CONSTRUCTION AGREEMENT
FORM APPROVED AUGUST 2023
A claimant who is not in privity with the Principal and who has not received payment for
his or her labor, services, or materials shall deliver to the Principal and to the surety written
notice of the performance of the labor or delivery of materials or supplies and of the
nonpayment. The notice of nonpayment may be served at any time during the progress of
the work or thereafter but not before 45 days after the first furnishing of labor, services, or
materials, and not later than 90 days after the final furnishing of the labor, services, or
materials by the claimant or, with respect to the rental equipment, not later than 90 days
after the date that the rental equipment was last on the job site available for use. Any notice
of nonpayment served by a claimant who is not in privity with Principal which includes
sums for retainage must specify the portion of the amount claimed for retainage.
3. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any modifications to
the Contract, including changes in the Contract Time, the Contract Sum, or the labor, work,
or materials required to be performed under the Contract.
4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive
benefit of the OWNER and OWNER's heirs, administrators, executors, successors and
assigns, as well as for the benefit of any claimants who have actually provided labor,
material, rental equipment, or services under the Contract.
5. RECITALS. The recitals contained in this labor and materials payment bond are
incorporated by reference herein and are expressly made a part of this bond.
6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to its conflict
of laws provisions.
7. VENUE. In the event any legal action shall be filed upon this labor and materials payment
bond, venue shall He exclusively in the Circuit Court for Seminole County, Florida.
8. MISCELLANEOUS.
A. The Surety agrees that this labor and materials payment bond shall afford the OWNER
and all claimants under the Contract with all of the protections and rights afforded
under Florida Statutes and under common law.
B. This labor and materials payment bond is issued in addition to any other bond or
warranty required under the Contract including, but not limited to, any performance
bond and maintenance bond. Each bond issued under the Contract shall be construed
as separate and distinct from each other.
C. In the event that the Surety fails to fulfill its obligations under this labor and materials
payment bond, then the Surety shall also indemnify and hold the OWNER harmless
from any and all loss, damage, cost and expense, including reasonable attorneys' fees
and costs for all trial and appellate proceedings, resulting directly or indirectly from
the Surety's failure to fulfill its obligations hereunder. This subsection shall survive
the termination or cancellation of this labor and materials payment bond.
D. This labor and materials payment bond shall remain in full force and effect until such
FORM CONSTRUCTION AGREEMENT
FORM APPROVED AUGUST 2023
time that the legal deadline for filing a claim hereunder has duly expired.
Principal
Varsity Courts, Inc.
(Typed Firm Name)
(Seal)
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Dennis Brubach _
(Printed Name)
Owner
(Title)
1970-A Corporate Square
Longwood, FL 32750
(Address)
12/6/2023
(Date of Execution)
Surety
Merchants National BUll AXtraj
(Typed Firm Name)
(Seal)
By:
(Signature)
Mark Kowalski
(Printed Name)
Attorney -In -Fact
(Title)
7446 Featherstone Blvd.
Sarasota, FL 34238
(Address)
12/6/2023
(Date of Execution)
FORM CONSTRUCTION AGREEMENT
FORM APPROVED AUGUST 2023
POWER OF ATTORNEY
Know All Persons By These Presents, chat MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the
"Companies") do hereby make, constitute and appoint, individually,
Mark Kowalski
their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
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 Power -of -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
Merchants National 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 so 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 out hority hereby given to the
Attorney -in -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 consenting to the State 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 its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -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 least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 21st day of December 2022
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MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
By
President
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STATE OF IOWA '•.,•#st *wit,.
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COUNTY OF DALLAS ss.
On this 21st day of December 2022 ,before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that 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 that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
Kim Lee
, Comniirsron Num er7ft2'3?
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Notary Public
(Expiration of notary's commission does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.iti
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 6 day of
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POA 0018 (10/22)
December 12023