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2008 STREET RESURFACING PROJECT - 08-0015-EN - PERFORMANCE AND PAYMENT BOND A PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S. Chapter 255.05(1)(a) BOND NO.: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO. SURETY COMPANY: SURETY AGENT: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO.: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: CONTRACT NO.: (if applicable) DESCRIPTION OF WORK: LEGAL DESCRIPTION 013022113 AJAX PAVING INDUSTRIES OF FLORIDA, LLC 510 GENE GREEN ROAD NOKOMIS, FL 34275-3624 (941)486-3600 LIBERTY MUTUAL INSURANCE COMPANY 175 BERKELEY STREET BOSTON, MA 02116-5066 (617)357-9500 WILLIS OF FLORIDA, INC. 6771 PROFESSIONAL PARKWAY WEST SARASOTA, FL 34240 (941)554-3140 CITY OF CLEARWATER, FLORIDA P.O. BOX 4748 CLEARWATER, FL 33758 (727)562-0750 S 969,457.50 2008 RESURFACING PROJECT (08-0015-EN) 2008 Resurfacing Project (08-0015-EN) City of Clearwater, Pinellas County, Florida FROM PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. F:\DATA\BONDS\WINWORD R BOND NUMBER: 013022113 CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we MAX PAVING INDUSTRIES OF FLORIDA, LLC. Contractor and LIBERTY MUTUAL INSURANCE COMPANY (Surety) whose home address is 175 BERKELEY STREET, BOSTON MASS. 0211641566. EMRFIINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of. NINE HUNDRED SIXTY-NINE THOUSAND. FOUR HUNDRED FIFTY-SEVEN DOLLARS AND FIFTY CENTS (5969,457.50) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ZI s+ day of HaW 2009, entered into between the Contractor and the City of Clearwater for. 2008 RESURFACING PROJECT (08-0015-EN) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. ' NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Pmposal, Form of Contracts Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Playas and Specifications therein referired to and made a part thereof and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skull, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligafion shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their .em-ors, exc i?tn,z, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material fnnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration dr addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it 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 ?I day of cL!i 2009 Ajax Paving Industries of Florida, LLC Miga- Daniel Sardella WITNESS: Sandra Stutzman COUNT' 77? Anthon . Papa, Licensed Florida Agent Willi of Florida, Inc. CONT Ci'OR By:.?-- Liberty Mutual Insurance Company 6771 Professional Parkway West Sarasota, FL 34240 Phone: 941-554-3140 Page 2 r ..2456488 THIS POWER OF ATTORNEY IS NOT. VALID UNLES$ IT. IS.PRINTED ON RED BACKGRQUND. .. This Power .of.Mtor. I nay amity she acts. of those .named herein ;. and #hey:have no authority to bind the .Company. exoept in the manner and to.. the extent here'ln stated.; . , .:..:.:.:....: . LIBERTY MUTUAL INSURANCE COMPANY. . BOSTON, MASSACHUSETTS . POWER OF. ATTORNEY. (the. "Company°), a Massachusetts BY Y :THESE .Th rb. Mutual Insurance.:Compan The; L, arty. stock.. insurance ..:...• KNOW ALL PERSONS..:. ' PRESENTS.. Y company, pursuant to.and.bauthoritY of the t3lawand Authorization.hereinatter set forth.,.does hereby name, constitute and appoint ... Y'...... ANTHONY T. `PAPA,!JR. CAROL A..MCMANUS,;DIANE L. BROWN,. HRISTIN.E.A. PAPA,.ALL OF THE CITY OF SARASOTA ,.STATE. OF`fLQRIDA ........ ................. ::...°..... ...............,.............,........... .... .::...................._. .. ......................:..;:.................:::........:.:..::.:..:................::.. each.individually if there be more fhan.one nam y e, seal; acknowledge and deliver, for and on its ed, its true and lawful attorne --iii .-fact to make, exec behalf.;assurettyy and as :its act: and deed, and. and all undertakings, bonds, r®eognizances: grid other sure :obli ations iri the. penal. sum not exceeding *. . SEVENTY..FIVE MILLION.AND.00t1 00 . **" •"`*.*•**'?'*:* _ .. DOLLARS (5 75000260.00*::**.: : ).each; and-the . . uch undertakings; bonds;.reco. exeptio.?... .o. as . if hs . :. ,......... obligations, in.pursuance. of these .. .. P Comcuan .the President.arid:attested by ry th .e s secretaryof. he Compan..in their own Pro er shall be as binding p Upon the. ey. had been.dulY si9ned:bY.:g c ersons.. That.this power is,made:and executed pursuant to and by authority of the following By-law.- nd Authorization. ARTICLE XIII Execution of Contracts: Section 5. Surety Bonds and Undertakings.: Any officer .of the. Company authorized. for that purpose in, writing by the chairman or the president, and subject to such: limitations as the chairman, or. the president maY.prescnbe,.shall appoint such attorneys-in-fact, as.may be necessary to act in. behalf of the Company to make, : PIN execute, seal;. acknowledge: and deliver as. surety any and. All undertakings, bonds; recognizances and: other surety obligations.: 'Such . V attorneys-in- fact,. subject to the limitations set forth in their. res ective. of attorne , shall have full power to bind. the l P Y Company .by their H. p. signature and.`. execution of any such instruments andao attach hereto the seal of the:Company. When so executed.such.instruments , shall be 4) as binding asif sign ned by the. resident and attested by the secret p ary . 0 sident has authorised the officer or other official named therein to a. point attorne s in-.fact; tr .? H By he,followi g instrument thechairmanor:the pre py , A ?.?. Pursuant.to Article X111, Section 5.of.the B Laws,:Gamet.W. Elliott, Assistant Secretary of Liberty Mutual Insurance Com an is hereb .O. Y- P. Y.. Y tp appoint uch attorne s=in=fact as ma .be necessa to act in behalf of the ComPan to make, execute, seal .. ?. . s authorized to tny and all undertakin s,. bonds, racognizances and other surety obligations.. Y , acknowle _ o deliver as sure an g ? of . • .. ? t-.: 4 That the By-law.:ar d.the Authorization set-forth above are true copies thereof and are now in full force and effect. W IN WITNESS.:WHEREOF, this. Rower of Attorney has been subscribed by an authorized officer or official of the Company and the corporate. seal of . 0 CL i ertyou ua :.nsurants Company :has.been affixed thereto in Plymouth Meeting, Pennsylvania this 2nd day of December.. o .. z ? ? ;.. 2oa - Q M. p? c •'A tR LIBERTY MUTUAL INSURANCE COMPANY O sd. °O 3 c -.O. a°M o ? •` v C. Garnet W. Elliott, Assistant c COMMONWEALTH OI= PENNSYLVANIA ss W OF M COUNTY w GOMERY of Decembe nowledged - V_ ONT r 2008 ;before. me, a ... Notary Public, personally came Garnet k` o On this 2nd day o n .' that:he -Is... an rty. ` `W: p)=lli to.me know , xec acuted O •? n Assistant.-Secretary of Llbe Mutual Insurance Company; that he knows the seal of said cor oration; .and. that: he exec. the above :4 Power of-Attorney and affix,ed the corporate seal of Liberty Mutual Insurance Company tow with the authority and at the:direction of said corporation. E m ? ..er ... ? ? Oil! IN TESTIMONY ia, on ONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvan the day and year « Re ?.v firstabovewritt em ¢ Nkv t ap TH OF PENN YLV to n N NaIM Sect :? p . ?. OF Taieea Pa5te1? NctuyPubRc ??? .. mut'-p-rMy By ,te a myCam>te Mno Ter sa Pastella, :NotaryPuhlic ?..to ffla my, 2B on M~, 04 m?v,nia Aar curio, 0 Naarr" 0 CERTIFICATE b Aqy p?1? ,:: rtY . I, the undersigned, Assistan ecretary ofLibe Mutual Insurance Company, do hereby certify that the original. power of attorney of Which the foregoing. is..a.full, true and correct copy; is in full:force and effect on the date of this certificate; and:a: do further certify. thatthe:officer or official Who executed the said power.of attorney is: an Assistant Secretary specially auhorized'by the chairman'or the president to appoint attorneys-.in-.fact as. provided in Article.: XIII, Section 5 of:the By-laws of Liberty Mutual Insurance Company. This. certificate: and .he above power of attorney may be signed by facsi,6le: or, mechanically reproduced signatures Under and, by:authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a.meetiiig: duly called and held: on the 12th day of .March,;1980. . VOTED that the facsimile or mechanically reproduced signature.of:any . Assistant secretary of the tompanny; wherever appearing upon : a certified copy of any power of attorney issued by he Company in.Connection.with.surety`bonds shall be valid and binding .upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said,company, this day of . By r f David M. Care ?`" • ^` Y, Ass' t.Secretary ... .