BOND AMENDMENT RAISING VALUE TO $15875000
I
l1;)
I
CREATivE
BEERS
A Joint Venture of Creative Contractors, Inc.
and Beers Construction Company
March 2, 1995
H F C f I \/ r: i_:
\(\ i,:; b '!~9~",;
Mr. Bill Baker
Assistant City Manager
City of Clearwater
PO Box 4748
Clearwater, FL 34618-4748
fv~, -\ ;'~ /~ ,~~; C N
Re: Clearwater Municipal Complex
Clearwater, Florida
Dear Bill:
Please find enclosed the original and duplicate of the Consent of Surety from our Bonding
companies. This document raises the value of your Payment and Performance Bonds to a total of
$15,875,000.00, aligning the bonds with our current Guarranteed Maximum Price Contract.
If you should have any questions, please feel free to call.
Sincerely,
CREA TIVE/BEERS
R. Jay Fortune
Senior Project Manager
Enclosures
cc: Dean Rowe - Rowe Architects, Inc.
Larry Gerwig - Creative Contractors, Inc.
Tracy Spehr - Beers Construction Co.
File: 386001030
T amoa:
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 447-4808 @
{)() --- zJ r -(XJ (3)
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I
CONSENT OF SURETY
PRINCIPAL: Creative/Beers
OBLIGEE: City of Clearwater, Florida
PROJECT: Clearwater City Services Center
Municipal Services/public Safety and Police Complex
SURETY: American Home Assurance Company and
United States Fidelity and Guaranty Company
CONTRACT DATE:
August 15, 1994
BOND NUMBER:
AHAC No. 150311 and
USF&G No. 0120 2166 95 8
KNOW ALL MEN BY THESE PRESENTS, the SURETIES do hereby acknowledge
and agree to Change Order No 1 to the above referenced
contract increasing the contract amount by $ 875.000 and/or
extending the completion date by N/A (0) calendar days.
The SURETIES further acknowledge that the Performance Bond and
Payment Bond furnished under the aforementioned contract is
increased by the amount of money included in Change Order No -1-.
All other terms and conditions remain unchanged.
This Consent is dated this
1995.
10th day of
February
PRINCIPAL
SURETY
United States Fidelity and
Guaranty Company
::~a~ u7)
_ n)~ ________
James M~ore, Atto~n-fact and
Florida Licensed Resident Agent
By:
SURETY'
American Home Assurance Company
"tL~/ 5i d~<J~
Attorney-i fact
M. Lindsay
Catherine
r;'
i J
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851781
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106224
#~ U S F+G"
." IISUllle!
KNOW ALL MEN BY TIfESE PRESENTS: That UNITED STATES FIDEUlY AND GUARANTY COMPANY. a corporation organized and existing
UDder the laws ofthe State of Maryland 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
of the city of Tampa ,Stale of Florida its true and lawful Attorney(s)-in-Fact, each in their separate
capacity if more than one is named above, 10 sip its name as surety to, and to execute, seal and acla10wledge any and all bonds, undertakings, coDtr.u:ts and other
written iDStlUlDents in the DatIlR thereof on behalf of the Compaay in its business of guaranteeing the fidelity of persons; guaranteeing the perfonnaace of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in auy actions or proceedings allowed by law.
In WilDess Whereof, the said UNITED STATES FIDEUlY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal.
duly attested by the signatures of its Senior Vice President and Assistant Secretaly. this 8th day of January . A.D. 1993 .
UNITED STATES FIDELfIY AND GUARANTY COMPANY
(Signed)
Senior Vice President
(Signed)
STAlE OF MARYLAND)
AssistaDt Secretary
ss:
BALTIMORE CITY
Oathis 8thdayof January ,;A.D.1993 ,beforemepersooaliycame Robert J. Lamendola
SeniorVice~sidCDtofthe~STATESFIDELITYl'\t(Il.<ru~CO~ANYWr Paul D. .~ms . ,Assistant
Secretaly ofS81d Compauy. WIth both ofwbom I ~Dally acQlWllted. who be1ng,pf me severally duly swom,~a; that they. the S81d Robert J.
Lamendola and Paul r'~" Sims " ,"'1, were respectiv~,t.S~niorVice President and the Assistant Secretaly of
the said UNITED STATES FIDELfIY ANQWARANlY COMPAN)"...~ratiOD descnDed in 8I\ll,wliell executed the foregoing Power of Attorney; that they
each kaew the seal of said corporation; that the seal affixed to saiclto-,lttof Attorney was such cPf1llO.... seal, that it was so affixed by order of the Board of Directors
of said corporation, and that they signed their names thereto ~fi~ Clrder as Senior Vice ~hlealaad AssistaDt Secretary. respectively. of the Company.
MyCommissionexpiresthe llth~in r,MarCh ;,", ", A.:O.19 95. .
?~ (Signed)' .~~A....t:..~
~, ,NOTARY PUBLIC
This Power of Attorney is gruted uDder and .t1,.\o8ty of the foUowing Resolutions adopted by the Board of Directors of the UNITED STAlES
FlDELfIY AND GUARANlY COMPANY 00 SeptesDbe} 24, 1992:
RESOLVED. that in coonection with the fidelity and surety inSWlUlce business of the Company, aU bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or eDtities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shaU be executed in the name and 00 behalf of the Company,
either by the Chainnaa, or the Presideot. or an Executive Vice President, or a Senior Vice Presideot, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an AssislaDt Secretary. under their respective designations- The signatllR of such officers may be engraved. printed or lithographed. The sigaatllR of each
of the foregoing officers and the seal of the Company may be affix.ed by facsimile to uy Power of Attorney or to any certificate relating thereto appoioting
Attorney(s}ia-Fact for purposes oaly of executing and attesting bonds and undertakings and other writings obligatory in the DatIlR thereof, and, ualess subsequently
revoked and subject to any limitations set forth therein. auy such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shaU be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Compauy
with respect to auy bond or uodertaIciag to which it is validly alW:hed.
RESOLVED, that Attorney(s}in-Fact shall have the power and authority, ualess subsequently revoked and, in any case. subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to alW:h the seal of the Company to any and aU boods and uodertakings,
and other writings obligatory io the D81Ure thereof; and any such instrument executed by such Attorney(s)-ia-Fact shall be as biodiag upoo the Colq)any as if siped by
an Executive Officer and sealed and attested to by the Secretary of the Compauy.
I, Paul D. Sims ,an Assistaat Secretary of the UNITED STATES FIDEUlY AND GUARANTY COMPANY.
do hereby certifY that the foregoing is a true excerpt from the Resolutioo of the said CoD1lany as adopted by its Board of Directors on September 24. 1992 and that this
Resolution is in fuU force and effect.
I, the uodersiped Assistant Secretary of the UNITED STAlES FIDEUlY AND GUARANlY COMPANY do hereby certify that the foregoiog Power of
Attorney is in full fo~e and effec:t and has not beeo revoked. 1tJ )
C,/,,'J'ID, TestUuooy Whereof; I have hereuolo set my hand and the seal of STAlES FIDEUfY AND GUARANlY C9MPANY 00 this / (, day
Of(~,b_qJ2~Cs ';~ t;.J. O. J-;
~~ ............................:.:;;~~~.
~~
FS 3 (10-92)
~ . Amer~ca.n Home Assurance conLany
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office: 70 Pine Street, New York, N.Y. 10270
I
POWER OF ATTORNEY
No.07-B-08914
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh,
Pa., a Pennsylvania corporation, docs each hereby appoint
---Edward L. Mitchell, Sandra 1. Mathis, c.A. Driver, Sandra Carter, Nicole Allen, Glen R. Bailey, Catherine M. Lindsay: of
Atlanta, Georgia---
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective
company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed these presents
this 23rd day of Ja
~
On this 23rd day of January 1995, before me came
the above named officer of American Home Assurance
Company and National Union Fire Insurance Company of
Pittsburgh, Pa., to me personally known to be the individual
and officer described herein, and acknowledged that he
executed the foregoing instrument and affixed the seals of
said corporations thereto by authority of his office.
~~wI~
JOSEPH B. NOZZOUO
Nc/u>' Public. Sfol" 0' 'i.,.y Yor/:
N". OH1C 4:';52/ ~4
Q<JaJifi2d in \'iOOlrC,..- C "-'1.
'U::crm E.xF.ire.; JJil....il.../,;~....r'
- . l ~~.~....j.\rr
CERTIFICATE
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 Presidcnt, or any Vice President Ix:, and hereby is, authorized to appoint Attomeys-in-Fact to
represent and act for and on Ix:half of the Company to execute bonds, undertakings, recognizances and other contracts of indenUlity lUld writings
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 signatures and attestations of such officers and the seal of the Company may Ix: affixed to any such Power of Attomey or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall
Ix: valid and binding upon the Company when so affixed with respect to any bond, lmdcrtaking, 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 Ix: in eITcct may insert in such
certification the date thereof, said date to Ix: not laler than the dale of delivery thereof by such Attomey-in-Fact."
I, Elizalx:th M. Tuck, Secretary 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 corporations, and tile Powers of Attomey
issued pursuant thereto, arc true and correct, and that both the Resolutions and tile Powers of Attorney are in full force lUld effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed tile facsimile seal of each corporation
this 10th
day of February
fu
,1995 .
./f~\
Elizabeth M. Tuck, Secretary
I
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CONSENT OF SURETY
Duplicate Original
PRINCIPAL: Creative/Beers
OBLIGEE: City of Clearwater, Florida
PROJECT: Clearwater City Services Center
Municipal Services/Public Safety and Police Complex
SURETY: American Home Assurance Company and
United States Fidelity and Guaranty Company
CONTRACT DATE:
August 15, 1994
BOND NUMBER:
AHAC No. 150311 and
USF&G No. 0120 2166 95 8
KNOW ALL MEN BY THESE PRESENTS, the SURETIES do hereby acknowledge
, and agree to Change Order No 1 to the above referenced
contract increasing the contract amount by $ 875.000 and/or
extending the completion date by N/A (0) calendar days.
The SURETIES further acknowledge that the Performance Bond and
Payment Bond furnished under the aforementioned contract is
increased by the amount of money included in Change Order No -1-.
All other terms and conditions remain unchanged.
This Consent is dated this
1995.
10th day of
February
~:::iX4i- t//l) ~ ,
SURETY
United States Fidelity and
Guaranty CompanY
PRINCIPAL
c::Q\~ J--
James M~e. Atto~in-fact and
Florida Licensed Resident Agent
SURETY
American Home Assurance Company
By, &~/ ~~~ct
Catherine M. Lindsay
(..~.-., ""
.. .
,
I;
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851780
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWEROF ATTORNEY
NO. 106224
#" U S F+G"
~~ IISO R lit!
KNOW ALL MEN BY THFSE PRESENTS: That UNITED STATES FIDELfIY AND GUARANlY COMPANY, a corporation organized and existing
under the laws oftbe State of Maryland and baving 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
of the city of Tampa . State of Flori da its true and lawful Attomey(s)-in-Fac;t, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acla10wledge any and all bonds. undertakings, contlllCts and other
written instNDIents in the nature thereof on behalf of tbe Company in its business of guaruteeing the fidelity of persons; guaranteeing the perfolIlWlce of contracts;
and executing or guaranteeing bonds and undertakings required or pennitted in aD)' actions or proceedings allowed by law.
In Witness Whereof. the said UNITED STATES FIDELITY AND GUARANlY COMPANY bas caused this instnunent to he sealed witb its corporate seal.
duly attested bytbe signatures of its Senior Vice President and Assistant Secretary, this 8th day of January . A.D. 1993 .
UNITED STATES FIDELfIY AND GUARANlY COMPANY
(Signed)
:::~::lk..~::..........:=.~~p~~
Assistant Secretary
(Signed)
STATE OF MARYLAND)
ss:
BALTIMORE CITY
On this 8thdayof January ,A.D.1993,beforemepeI,1lOIlIIlIYcame Robert J. Lamendola
Senior Vice President of the UNITED STATES FIDEUI1' ~GUARANlY COMPANY ~a Paul D. Sims ' AssistAnt
Secretary of said Company, witb both of whom I am.~WIy acquainted, who beink1lylme sevenlly duly swoQl"saill.'that they, the said Robert J,
Lamendola and pau.1 1 "p;, ;,~...,' S Siims ..' \.~'" were respectivoly.... ., t\e'StniorVice President and the Assistant Secretary of
the said UNITED STATES FlDELfIY ~ COMPANY. tbc.$\rporation descnDed in llllcl wtlk:h executed the foregoing Power of Attomey; that they
eac;h knew tbe seal of said corporation; that the seal affixed to said f~f Attomey was such ~raat' seal, that it was so affixed by order of the Board of Directors
of said corporation, and that they signed their nam...es. .t...h. eret. 22" i~ Order as Senio. r V.ice ~sijledland Assistant Secretary, respectively, of the Company.
MyCommissionexpiresthe 11th day in " March ..tJ}.19 95.
~'"....~ <\',' J. ,;;I) ~ / .
r~~ (Sign~aj' ..... ..~(+..: .1.'.. .~~~
~IbCll" .' "
.\ ,"
This Power of Attoruey is grmted under andM~~fr of the following Resolutions adopted by the Board of Directors of the UNITED STATES
FIDELITY AND GUARANlY COMPANY on Septe.i'lWr 24. 1992:
RESOLVED, that in connection with the fidelity aud surety inswance business of the Company, all bonds, undertakings, contracts and other instIUments
relating to said business may be signed, executed, and ackoowledged by persons or entities appointed as Attomey(s)-in-FlU:t pursuant to a Power of Attomey issued in
accordance with tbese resolutions. Said Power(s) of Attomey for and 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 President, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of eac;h
of the foregoing officers and the seal of the Company may be aft"1Xed by facsimile to any Power of Attomey or to any certificate relating thereto appointing
Attomey(s)-in-Fac;t for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attoruey or certificate bearing sucb facsimile signature or facsimile seal shall be valid and
binding upon the Company and any 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 bond or undertaking to which it is validly alIaI:hed.
RESOLVED. that Attorney(s)-in-Fact shall have the power and authority, unless subsequeDlIy revolted and, in any case, subject to the terms and limitations
of the Power of Attoruey issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obliglltory in the nalUre thereof, and any such instIUment executed by such Attomey(s)-in-Fact sball be as binding upon the Company as if signed by
an Executive Officer and sealed and a1lested to by the Secretary of the Company.
I, Paul D. Sims . an Assistant Secretary of the UNITED STATESFIDELfIYANDGUARANlY COMPANY,
do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in fuU force and effect.
I, the undersigned Assistant Secretary of the UNITED STATES FlDELfIY AND GUARANlY COMPANY do hereby certify tbat the foregoing Power of
Attomey is in full force and effect and bas not been revoked. ft;[
ID Testimony Whemlf, I have hereunto set my hand and the seal of STATES FIDEUlY AND GUARAN1YCOMPANY OD thi, / () day
of ~~l<-(t .19~ twt D. A-: .
it~ ............................;;;;~.;;;;;;;;
~~
FS 3 (10-92)
..-
I
POWER OF ATTORNEY
. 'Am~r;can Borne Assurance conLany
National Union Fire Insurance Company of Pittsburgh, Pa,
Principal Bond Office: 70 Pine Street, New York, N.Y. 10270
No.07-B-08914
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh,
Pa., a Pennsylvania corporation, does each hereby appoint
---Edward L. Mitchell, Sandra 1. Mathis, C.A. Driver, Sandra Carter, Nicole Allen, Glen R. Bailey, Catherine M. Lindsay: of
Atlanta, Georgia---
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective
company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed these presents
On this 23rd day of January 1995, before me came
the above named officer of American Home Assurance
Company and National Union Fire Insurance Company of
Pittsburgh, Pa., to me personally known to be the individual
and officer described herein, and acknowledged that he
executed the foregoing instrument and affixed the seals of
said corporations thereto by authority of his office.
S-~J'f5Ct~
JOS~PH B. t':OZZOLlO
Notary PubliC. Slale or '!,,'v Ycrr.
No. OJ.l'!CI1;52754
Q~2lificd in \'/O'I-h- ", - Co"-'/.
'[em! fXfi,'us JJi..'iJ;j,1~~~j.
CERTIFICATE
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, undertakings, recognizances and other contracts of indenmity and writings
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 signatures 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 Company when so affixed with respect to any bond, undertaking, 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 snch
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 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 corporations, and the Powef~ 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 hereunto set my hand and affixed the facsimile seal of cach corporation
tJ. 10th
liS
February
day of
95
, 19 .
./(~,
~iza~ Tuck, Scc<elary