ORIGINAL BOND $15000000
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CREATivE (f{J' BEERS
A Joint Venture of Creative Contractors, Inc.
and Beers Construction Company
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1'1.5000 60 D
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February 2, 1995
Bill Baker
Assistant City Manager
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
RE: Clearwater Municipal Complex
Clearwater, Florida
Dear Bill:
In accordance with our contract for construction of the above referenced project, please find
enclosed two originals of our Payment & Performance Bonds issued by our Surety.
If you should have any questions, do not hesitate to call.
R. J Fortune
Senior Project Manager
RF:lc
cc: Dean Rowe - Rowe Architects
Alan Bomstein - Creative Contractors, Inc.
Larry P. Gerwig - Creative Contractors, Inc.
Frank Fralick - Beers Construction Co.
Tracy Spehr - Beers Construction Co.
file 3860-01030
gen/jt7city.OO2
Tampa:
100 N. Tampa St., Suite 2440
Tampa, FL 33602
Phone: (813) 222-1424 . Fax: 222-1425
Clearwater:
620 Drew St.
Clearwater. FL 34615
Phone: (813) 461-5522 . Fax 44..7. .-4808 . ~
(Xj.~ ;? / CI -.OO'(-i)
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THE AMERICAN INSTITUTE OF ARCHITECTS
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Bond No. 15 03 11
USF&G Bond No. 0120 21166 95 8
AlA Documenr A311
Performance Bond
KNO\V All MEN BY THESE PRESENTS: that
100 N.~Tampa, Suite 2440
Tampa FL 33602
Creative/Beers
lH~r~ IftK'1 full "'1M .nd Add,cu M lee.1 lill<< of CoftI<KlOf2
as Principal, hereinaft~r called Contractor, and,
American Home Assurance Company and
United States Fidelity and Guaranty Company
as Surety, hereinafter called Surety, are held and firmly bound unto Ci ty of Clearwater
B k IHere ;nw,l f"lI n,m. &lid .dd,e" or I.elllide: of Owafll
ATTN: Bill a er
112 South Oceola Avenue
. Cle.p.rwq.te.r FL 34616
as Obligee, hereinafter called Owner, in the amount of
Fifteen Million and 00/100------------------------------------~-----------___
Oollars(S 15,000,000.00- ---J,
(H.,. "'~ full "'IN .nd addrcss 01 le&&l1ill. of ~
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 wfinen agreement dated August 15 19 94 I entered into a contract with Owner for
lH~imrnf..ft_.~'Mdd~c.riplionolpt'Ojc:ct) New 70,000 S.F. City Office Building, New 80,000 S.F.
Police Headquarters, New 500 Car Parking Garage, Renovation of existing City Hall Building
Demolition of Old Police Headquarters "Clearwater City Services Center"
in accordan<e with Drawings and Specifjc~tions prepared by
t+1e<t.. "'~rt lull ~'"~ .nd .dd.~1S ~r I~~I 'Hie of ArchillKll
Donnell Consultants Incorporated in association with Kowe Architects ~ncorporated
100 Madison Street, Suite 200 Tampa FL 33602
which contract is by reference made a part hereof. and is hereinafter referred to as the Contract.
.AIA OOCUMfflolT .un . PUfORMANC( BONO AND lAK)R AND MATUIN. PAYMENT 80"'0 . AlA 8
~(..It~n' 1$"0 to. -lH( AM[RIO."'l III;ST1TUTE OF AItCHITfCTS. 1:' I~ N.Y.-^Vf.. N.W;, WASlilNGTON. O. C. 20006
. ,..... . . : ~.. .... .'.'. . .# #. .-.:. :.:.
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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
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C~~~~ -(d~U0
Countersigned by Florida Resident
Agent: Charlotte M. Smith-Wilkes
Signed and sealed this
13th
day of
United States Fidelity & Guarantee Company
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 first 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.
January
19 95
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ril1(ip.1/1
t Tit/c)
Alan C. Bomstein, Project Executive
American Home Assurance Company
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~~~:n:Y~~~=;~ct- and ;~:~~a Licensed ~tU P ~
Resident Agent n ra . Matltls (Till'! AttorReY-ln-Fact
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~ CAUTION: You should sign an original AlA document which has this caution printed in red.
~ An original assures that changes will not be obscured as may occur when documents aJe reproduced.
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AtA DOCUMENT A311 " PERH)RMANCE BOND AND lABOR AND MATERiAl PAYMENT BONO . AlA @l
rEBRUARY 1'170 EI>." THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O. C. 20006
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THE AMERICAN INSTITUTE OF ARCHITECTS
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Bond No. 15 03 11
USF&G Bond No. 012021166 95 8
Duplicate Original
AlA Document 1\311
labor and M~terial Payment Bond
THIS BONO IS ISSUED SIMUlTANEOUSLY WITI1 PERFORMANCE BONO IN FAVOIl OF THE
OWNER CONDITIONED ON THE fU\.l AND fAITl1fUl PERfORMANCE OF THE CONTR^CT
KNOW All MEN BY THESE PRESENTS: that
100 N. Tampa. Suite 2440
Tampa FL 33602
Creative/Beers
IM..e ill'.'1 lull lIam, alld .ddllll or k.,' lillc of Co,,,,,(Iot!
as Princi~l, hereinafter called Principal, and,
Am . . CHc\t ill,,'1 luU."mt JAd jd.dll" .. IC,AI lil~ 04 Surclyt
erican Home Assurance Company.-700 Pine St.. New IorK. NI UZ U
Fidelity and Deposit Company of Maryland. POBox 31143. Tampa FL' 33631
as Surety, hereinafter called Surety, are held and firmly bound unto City of Clearwater
ATTN: Bill Bancer (Hc.e inn" lull n''''e .nd .dd'," 01 1,.,1 Ime of o-Cfl
112 South Oceola Avenue
Clearwater FL 34616
as Obligee: hereinafter called Owner, ror the use and benefit of claimants ilS hereinbelow defined, in the
amount of Fifteen Million and 00/100 --------------------------
CH... iMell . "'''' ,q...1 10 " ICAIl oftC.h.II 01 Ihe ,onll.,. pricel Dollars IS 15.000.000.00- - - ~r
for the payment whereof Principal and Surety bind themselves, their heirs, el(ecutors, administrators,
successors and assigns. jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated August 15 19 94, entered into a contract with Owner for
lHclW i'-lt fuI'_. a4drell all4lSeierlplioft 01 p.ojcc!) New 70.000 S.F. City Office Building, Ne",! 80.000 S.F.
Police Headquarters. New 500 Car Parking Garage. Renovation of Existing City Hall
Building. Demolition of Old Police Headquarters "Clearwater City Services Center"
in accordance with Drawings \nd Specifications prepared by .
Donnell Consultants Incorporated in association wi tfte'e 111I4I11....1 IIAme alld aeldln. olt..allllll 01 "'l/llIKII
Rowe Architects Incorporated, 100 Madison Street. Suite 200. Tampa FL 33602
which contrAct Is by reference made a pari hereof, and is hereinafter referred 10 as the Contract
.. 'AIA OOCUMlHT .un'. rlRfOlM....,..'C( 10ND AND l....OI/.ANO MATEIlIM.' PAVMfNT 10ND . AlA..
., naaUAlV 1970 ro.. TH( "M(llICAN INSTITUTE OF ARCHITECTS. 1715 N.Y. AVE.. N.W.,WASHINCTON, D. C. 30006
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Ame~c~n Home Auunnce comt.l .-' .. '. ,.,', ~
National Union Fin Ialunnce C pany of Pittsburgh, Pa.
Principal Solid Oftk:e: 70 Pille Street, New York, N.Y. 10270
KNOW ALL MEN BY TllUE PRESENTS:
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POWER OF ATTORNEY
No. 07-B-089 14
That American Home AIIunDcc Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh.
Pa, a Pennsylvania corporation, does eacb hereby appoint
-Edward L Mltcllcll, Saadra J. MatlUJ, C.A. Driver, Todd J. JoDel, Sandra Carter, Nicole Allen: or Atlanta, Georgia-
its true and lawful Attomey(.)-iD-F1Ct, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contracts of iodcmnity aDd writinp obliptol)' in the nature thereof, issued in the course of its business, and to bind the respective
company thereby.
IN WITNESS WJD:RJ:OII'. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed these presents
this 29th day of April 1994.
STATEOII'NEWYORK }
COUNTY 011' NEW YORK}a.
~A~Ji;~,.)
On this ~ day of April 192!, before me came the
above named officer of American Home Assurance Company
and National Union Fire InsuraDce Company of Pittsburgh.
Pa., to me personally koown to be the individual and officer PAUtmE K. WILLIAMS
described herein, and acknowledged that he executed the Notaty Public:, Slate of New YOIt\
foregoing instr"ment and affixed the seals of said _. No: 31-4972606
. u .. Qualified In New York County
corporations thereto by authonty oChis office. Certificate Filed in New York Count.
Commission Expir.. October 1. "fil
CERTmCATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company
of Pittsburgh, Pa. on May 18,1976:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to
represent and act for and on behalf of the Company to execute bonds, Wldertakings, recognizances and other contracts of indenmity and writings
obligatory in the nature thereof, and to attach thereto the coJ1>Orate seal of the Company, in the transaction ofits surety business;
"RESOLVED, that the signat1ues and attestations 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 fKsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall
be valid and binding upoo the Company when 90 affixed with respect to any bond, Wldertaking, recognizance or other contract of indemnity or
writing obligatory in the nature thereof,
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
I, Elizabeth M. Tuck, Secretai)' of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do
hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these coJ1>Orations; 8n<f the Powers of Attorney
issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect..
IN WITNESS WHEREOF, I have hereWlto set my hand and affixed the facsimile seal of each coJ1>Oration
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this 13th dayof January , 19~.
"PIt .,,-~
Elizabeth M. Tuck, Secretary
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851896
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106224
#" U S F+G*
" IISUllle!
KNOW ALL MEN BY lliESE PRESENTS: That UNITED STAlES FIDEUlY AND GUARANlY COMPANY. a colpOration orgaaized and existing
UDder the laws of the State of Marylaad and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint
James M. Moore and E.J. O'Mara
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of the City of Tampa , State of Flori da its true aad lawful Attomey(s)-in-Fact, each in their separate
capacity ifmore than one is named above, to sip its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persoos; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or penmtted in any actions or proceedings allowed by law.
Ia Wilaess Whereof, the said UNITED STATES FIDELITY AND GUARANlY COMPANY has caused this instrument to be sealed with its corporate seal,
duly attested by the signatures of its Senior Vice President and Assistaat Secretary, this 8th day of January ,A.D. 1993 .
UNITED STAlES FIDELITY AND GUARANlY COMPANY
(Signed)
::.:~: :14..~::. :.:.. .... ~~.".~~P=
Assistant Secretary
(Signed)
STATE OF MARYLAND)
ss:
BALTIMORE CITY
On this 8th day of January ,A.D. 1993 ,before me pepclllalJycame Robert J. Lamendola
SeniorVicePresidentoftheUNITEDSTAlESFIDELrry~GuARANlYCOMPAN?'\aad Paul D. Sims' . Assistant
Secretary of said Company, with both of whom I ~"Iy acquainted, who bein&liY'me severa11y duly swolJ1.,said;that they, the said Robert J,
Lamendola aad Paul\,p~~'Sims, ' wererespecti~,~SeniorVicePresidentaadtheAssistaatSecretary of
the said UNITED STAlES FIDELITY ANQ>QUARANlY COMP AN't; fibc,j:Mporatioa descnDed in,acl4 wlUCh executed the foregoing Power of Attomey; that they
each knew the seal of said cOlpOration; that the seal affixed to sa!11 r~f Attomey was such ~~ seal. that it was so affixed by order of the Board of Directors
of said cOlpOration. and that they siped their names thereto Ilr'lit,brder as Senior Vice ~sidedtaad Assistant Secretary. respectively. of the Company.
My Commission expires the llth~(in r,MarCh ", .....1).1995. .
(Si~d) .~~4.:..t....~
~'" NOTARY PUBLIC
This Power of Attorney is granted under aad.!'Y ~o'rity of the following Resolutions adopted by the Board of Directors of the UNITED STAlES
FIDELITY AND GUARANlY COMPANY on Septeder 24, 1992:
RESOLVED. that in connection with the fidelity lUId surety insurance business ofthe Company, all bonds, undertakings, contracts lUId other instruments
relating to said business may be siped, executed. aad acknowledged by persoos or entities appointed as Attomey(s)-in-Fact pwsuaat to a Power of Attomey issued in
acc;ordlUlce with these resolutions. Said Power(s) of Attomey for lUId on behalf of the Company may and shall be executed in the name and on behalf of the Company.
either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice Presideal, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Sec;retary. uDder their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affIXed by facsimile to any Power of Attomey or to any certificate relating thereto appointing
Attomey(s)-in-Fact for purposes oaly of executing and attesting bonds and undertakings lUId other writings obligatory in the nature thereof. and, ualess subsequently
revoked lUId subject to any limitations set forth therein, any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal sbaU be valid and
binding upon the CompanylUld lUIy such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bood or undertaltiDg to which it is validly attached.
RESOLVED. that Attomey(s)-ia-Fact shall have the power aad authority. ualess subsequeatly revoked and. in lUIy case, subject to the terms aad limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the ComplUlY and to attach the seal ofthe ComplUlY to lUIy aad all bonds and undertakings,
aad other writings obligatory in the aalUre thereo~ and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by
an Exec;utive Officer lUId sealed and attested to by the Secretary of the Company.
I, Paul D. Sims ,anAssistaat Secretary of the UNITED STAlES FIDEU1Y ANDGUARANlYCOMPANY.
do hereby certifY that the foregoing is a true excerpt from the Resolution of the said ComplUlY as adopted by its Board of Directors on September 24. 1992 aad tbat this
Resolution is in full force lUId effect.
I, the uodersiped Assistant Secretary of the UNITED STAlES FIDEUlY AND GUARANlY COMPANY do hereby certify that the foregoing Power of
Attomey is in full force aad ef&c:t aad has not been revoked. ft;! -
Ia Testimony Whereo~ I have hereunto set my baud and the seal of STAlES FIDELITY AND GUARANlY C{)M}>ANYon this - /3 day
of ~ 8 qqqq~.9.:.~q.q.qq. .
~~ Assistant Secretary
FS 3 (10-92)
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THE AMERICAN INSTITUTE OF ARCHITECTS
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Bond No. 15 03 11
USF&G Bond No. 0120 21166 95 8
A/A Document A311
Performance Bond
KNO\V All MEN BY THESE PRESENTS: that
100 N.~Tampa, Suite 2440
Tampa FL 33602
Creative/Beers
lHeee 1ft",'1 f..ll rw_ ,nd Addee" 01 I.,&A' lill. 01 CofttrK1Oft
as Principal" hereinaft~r called Contractor, and,
American Home Assurance Company and
United States Fidelity and Guaranty Company
as Surety, hereinafter called Surety, are held and firmly bound unto City of Clearwater
A B. 11 B k IHere inWIl f"lIlume I"d ,ddleiS or Ic"'lidc of C>-fl1
TTN: 1 a er
112 South Oceola Avenue
. Cle;irw<J.te.r FL 34616
as Obltgee, nerernatter called Owner, in the amount of
Fifteen Million and 00/100---------------------------------------------------
Dollars ($ 15,000,000.00----),
Pier. Ift'C<t full "'_ ,nd Idde." or 1....1 till. of ~
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 writren agreement dated August 15 19 94, entered into a contract with Owner for
ltWrcilKM(""--.~'MddC)C(iplionolprojcct) New 70,000 S.F. City Office Building, New 80,000 S.F.
Police Headquarters, New 500 Car Parking Garage, Renovation of existing City Hall Building
Demolition of Old Police Headquarters "Clearwater City Services Center"
in accordance with Drawings and Specifications prepared by
lt1~rt.. "'~rt lull .....mt ,nd ,dd,." q.r Ie..,' Illk 01 Ardoilt<tl
Donnell Consultants Incorporated in association with Kowe Architects incorporated
100 Madison Street, Suite 200 Tampa FL 33602
which contract is by reference made a part hereof. ilnd is hereinafter referred to ~s the Contract.
.AIA~ OOCUMlHT ,un . PtRfORMANC( BONO AND lAtOR AND MATERiAl PAYMENT 80/'100 . AlA 8
<frlltVAItY ~ EO. .1H( AM(/tlC".... INSTITUTE OF AIlCHITKlS. 1::-1~ N.Y.-AVE.. N.W;. WAStflNGTON. O. C. 20006
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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 b,id 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 Itable hereunder, the amount
set forth in the first paragraph hereoL 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.
~~ A~~cPdLbQ
Countersigned by Florida Resident
Agent: Charlotte M. Smith-Wilkes
American Home Assurance Company.
James M Moore,~ ('\'( ....J I ~ JJ.& ~"U"":.......,j?~ '
Attorney-in-fact and Florida Licensed ~ ~~~~
Resident Agent andra J. Mat is, Aft! rney-in-Fact
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CAUTION: You should sign an original AlA document which ~ution. printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
Signed and sealed this
13th
day of
~c:~~ I
United States Fidelity & Guarantee Company
-=-
mm
January
95
19
Creative/Beers
Alan
ISNlt
!Tit/e)
Project Executive
,Se.ll)
AlA DOCUMENT AlII . PERfORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA ~
fEBRUARY 1'170 m.. THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE., N.W., WASHINGTON. D. C. 20006
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THE AMERICAN INSTITUTE OF ARCHITECTS
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Bond No. 15 03 11
USF&G Bond No. 01?O?11fifi q~ R
""A Document A311
labor and M~terial Payment Bond
THIS BONO 15 ISSUED SIMULTANEOUSLY WITI1 p[RrOR~ANCE BONO IN FAVOR OF THE
OWNER CONDITIONED ON THE fUll AND FAITHfUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
100 N. Tampa, Suite 2440
Tampa FL 33602
Creative/Beers
!He'e ;11"'1 lull nam, and add..u 0' k..1 lill. of C_.."lotl
as Principal, hereinafter called Principal, and.
St. , NewCHcwo;nr'lI.K'I,luU.",~mt All4jd.dltu 0' lel.J lille ol Su,,1yl
American Home Assurance Company,-700 Pine w r NI UL U
Fidelity and Deposit Company of Maryland, POBox 31143, Tampa FL 33631
is Surety, hereinafter called Surety, are held and firmly bound unto City of Clearwater
ATTN: Bill Bancer IHe'e ;n,,'I'ull ...",c.,nd ,dd'ell 01 I,~I Iill. oIo...a~1
112 South Oceola Avenue
Clearwater FL 34616
as Obligee.' hereinafter called Owner. for the use and benefit of claimants 3S hereinbelow defined, in the
amount of Fifteen Million and 00/100 --------------------------
CHe.. inwtI a SlIm ,qu.' 10 " Iu" _.h,1I of Ihe rontracl pric.l Dollars ($ 15,000,000.00- - - ~r
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 August 15 19 94, entered into a contract with Owner for
lHc~;lO\CI1f...._.NdfftSanddesctlpliOftolprojectl New 70,000 S.F. City Office Building, Ne~ 80,000 S.F.
Police Headquarters, New 500 Car Parking Garage, Renovation of Existing City Hall
Building, Demolition of Old Police Headquarters "Clearwater City Services Center"
in accordance with Drawings \nd Specifications prepared by .
Donnell Consultants Incorporated in association wi t!fe'- IIIH,I full "am. and aeld,n. or ..,,11111.01 AldIllK1.l
Rowe Architects Incorporated, 100 Madison Street, Suite 200, Tampa FL 33602
which contl'~ct is by reference made a part hereof, and is hereinafter referred to as the Contract.
. "AlA OOCUM(Nl' .\)n". rtRfOJtMAlo,,'C( 'ONO AND ''''ORAND MAWUAL" PAVMfNT IONO . ^,A..
., fElIUARY 1970 fO." TH( AMfllCAN INSTITUTE Of ARCHITECTS. 17)5 N.Y. AVE.. N.W.. WASHINCTON. D. C. 10006
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LABOR AND MAlERIAL 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
Contralt, 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 IJse 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 c1aimant"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:
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.
a) Unless claimant, other than one having a direct
contract with the Principal, shall 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
This bond is hereby amended so that the provlslons and limitations 01
Section 255.05, 713.23. 713.245. which ever is applicable, Florida Statut... are
incorporated herein by reference.
J=:~:::;2Licensed l~.u 9-;;;~ .
R 'd tAt . Mathis !Tilll') AttorneY-ln-Fact
esJ. en gen t. it.. ~A' /14'~ ~ . .'
m CAUTION: You should sign an original AlA d~~hi~ caution printed in red.
WW An original assures that changes will not be obscured as may occur when documents are reproduced.
Signed and sealed this
13th
day of
~~~~ 1
United States Fidel ity & Guarant~ Company
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.
January
19 95
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A'A DOCUMENT A311 . I'E1UORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA @
FEBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 17IS NY. AVE., N.W., WASHINCTON, D. C l()(JO(,
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Americ.n Home Auunnce Comp.ny .
N.tional UnloD F'Ire lD.unnce Comp.n~' ol'pnis..!l..gb,....
Principal Bond Oftlce: 70 Pille Street, New York, N.Y. 10270
KNOW ALL MEN BY THESE PRESENTS:
,1' ._
POWER OF ATTORNEY
No.07-B-08914
That American Home AaunDce Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh.
Pa., a Pennsylvania corpontion, does eacb hereby appoint
-Edward L Mltcbell, Saadra J. MatlUa, C.A. Driver, Todd J. JODel, Sandra Carter, Nicole Allen: of Atlanta, Georgia-
its true and lawful Attomey(.)-iD-F1Ct, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contracts of indemnity IDd writinp obIiptol)' in the nature thereof, issued in the course of its business, and to bind the respective
company thereby.
IN WITNESS WJD:REOII', American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed these presents
this 29th day of April 1994.
STATE OF NEW YORK }
COUNTY 011' NEW YORK}..
~M~Jt~~
On this ~ day of April 1~ before me came the
above named officer of American Home Assurance Company
and National Union Fire Insurancc Company of Pittsburgh,
Pa., to me personally known to be the individual and officer PAUlme K. WILLIAMS
described herein, and acknowledged that he executed the Notaty Public. State of New Yott(
foregoing instr.~ment and affixed the seals of said " No: 31-4972606
. IJ .. QualIfied In New York County
corporatIons thereto by authonty ofbis office. Certificate Filed in New York Count.
Conunission Expir.. October 1, l' f /
CERTnnCATE 7
Excerpts of Rcsolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company
of Pittsburgh, Pa. on May 18, 1976:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to
represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and \Witings
obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
"RESOLVED, that the signatW'eS and attestations 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 signatures or facsimile seal shall
be valid and binding upon the Compmy when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or
\Witing obligatory in the nature thereof,
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
I, Elizabeth M. Tuck, Secretary of American Home Assw1mce Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do
hereby certity that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney
issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force anddfect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
13th
this
January
day of
-)u. .,,~
95
,19_.
Elizabeth M. Tuck, Secretary
I
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851895
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106224
#~ U S F+G"
'j IISUllIC(
KNOW ALL MEN BY TIiESE PRESENTS: That UNITED STAlES FIDEUlY AND GUARANTY COMPANY. a corporation organized and existing
under the laws of the Slate of Maryland and baving its principal office at the City of Bahimore, in the State of Maryland. does hereby constitute and appoint
James M. Moore and E.J. O'Mara
of the city of Tampa ,Stale of Florida its true and lawful Attorncy(s}in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute. seal and acknowledge any and all bonds, undertakings, contracts and other
written instl1llDents in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in aoy actions or proceedings allowed by law.
ID Witness Whereof. the said UNITED STAlES FIDELIlY AND GUARANTY COMPANY has caused this instmment to be sealed with its corporate seal,
duly attested by the signatures of its Senior Vice President and Assistant Secretal)', this 8th day of January ,A.D. 1993 .
1.JNTreD STAlES FIDEUlY AND GUARANTY COMPANY
(Signed)
:.: .~::~..Q,:.....: :.:. :~'~~ p~~
Assistant Secretaly
(Signed)
STATE OF MARYLAND)
ss:
BALTIMORE CITY
On this 8thdayof January .~.D.1993,beforemep~camc Robert J. Lamendola
Senior Vice President of the UNITED STAlES FIDELITY ~ GuARANTY COMPANY1Illd Paul D . Sims ,Assistant
Secretary of said Compaoy. with both of whom I am~~ly acquainted, who bein~liyme severally duly SWOD\.~4. that they, the said Robert J.
Lamendo la and Paul ...p';'-' Sims . were respec:ti~ t. Senior Vice President and the Assistant Secretary of
the said UNITED STAlES FIDEUlY ANQ(iUAfuly COMP ANY~ _~Orporation descnDed in lIIld wWeli excaJted the foregoing Power of Attorney; that they
each knew the seal of said corporation; that the seal affixed to saiel ~oW"f Attorney was such c:~r.e seal, that it was so affixed by order of the Board of Directors
of said corporation, and that they signed their names thereto ~fi~ 'order as Senior Vice ~ahnd Assistant Secretary. respectively, of the Company.
MyCommissionexpiresthe llth~t~n~~'::,MarCh.., A'ilH9 95. .
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~\ '\.() 't NOTARY PUBUC
This Power of Attorney is gnmted under an~~'\at\ol1ty of the following Resolutions adopted by the Board of Directors ofthe UNITED STAlES
FIDELITY AND GUARANTY COMPANY on Septe.24. 1992:
RESOLVED. that in connection with tbe fidelity and surety insumnc:e business oftbe Compaoy, all bonds, undertakings, contracts and other instruments
relating to said busiuess may be signed. executed. and lII:kDowledged by persons or eatities appointed as Attomcy(s}in-Fact pursuant to a Power of Attorney issued in
acc:ordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company.
either by tbe Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Sec:retaIy, under tbeir respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and tbe seal of the Company may be affIXed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attorney(s}in-Fact for purposes only of executing and attestiag bonds and undertakings and other writings obligatory in the nature thereof. and, unless subsequently
revoked and subject to any limitations set forth therein. aoy such Power of Attorney or certific:ate bearing such facsimile signature or facsimile seal shaI1 be valid and
binding upon the Company and aay such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to aoy bond or undertakiDg to which it is validly attached.
RESOLVED. that Attomey(s}in-Fact shall have the power and authority. unless subsequently revoked and, in any case, subject to the terms and limitations
ofthe Power of Attomey issued to them, to execute and deliver on behalf ofthe Company and to attach the seal of the Company to any aad all bonds and undertakings,
and other writings obligatory in the DalUre thereof: and any such instrument exec:uted by such Attorney(s}in-Fact shall be as binding upoa the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary oftbe Compaoy.
I, Paul D. Sims ,an Assistant Secretaly of the UNITED STAlES FIDELITY AND GUARANlY COMPANY.
do hereby certify that the foregoing is a true excerpt from the Resolution of tile said Colqlany as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and cffec:t.
I, tbe undersigned Assistant Secretary of the UNITED STAlES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attomey is in full fOll:e and effect and has not been revoked. )f ~
bo T_ __tI.... _........,............... ~ \.. STA TSS FlDEUTY AND GUARANIY COMPANY ~.... 13 da,