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FIBER OPTIC CABLE INSTALLATION, CONDUIT BORING & FIBER MAINTENANCE SERVICES, PROPOSAL #09-13 - PAYMENT BOND AND PERFORMANCE BOND�� ,. « � � Payment Bond and Performance Bond (Public Work) FRONT PAGE STATUTORY DECLARATIONS In compliance with F.S. Chapter 255.05(1)(a) and F.S. 255.05(6). THE BOND IS HEREBY AMENDED SO THAT THE PROVISIONS, NOTICE AND TIME LIMITATIONS OF SECTION 255.05(2), FLORIDA STATUTES, ARE INCORPORATED HEREIN BY REFERENCE. BOII(� N0. 105 900 639 Principal: Address and Phone Surety Company: Address and Phone Precision Contracting Services, Inc. 15834 Guild Court Jupiter, Florida 33478 (561) 743-9737 Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 (860) 277-0111 Owner: Address and Phone City of Clearwater, Florida 100 South Myrtle Avenue, Clearwater, Florida 33756 (727) 562-4662 Obligee (if contracting entity is different from the owner, the contracting public entity): Address and Phone Bond Amount: One Hundred Fifty Eight Thousand Nine Hundred Seventy Five and No/100ths ($158,975.00) Description of Work' Fiber Optic Cable Installation, Conduit Boring & Fiber Maintenance Project Location: NE Corner of SR-60 and Keene Road (CR-1) ; McMullen-Boothe (CR-611) Surety Agent' The Whitehead Agency, Inc., / J. Mark Whitehead, Jr. Address and Phone • 712 Ballard Street Altamonte Springs, Florida 32701 (407) 831-4424 Page One All other Payment Bond and Performance Bond page(s) are deemed subseguent to this page regardless of any page number(s) that may be pre-printed thereon. . % BOND NUMBER: 105 900 639 CONTRACT BOND STATE OF FLORIDA COUNTY OF Seminole Precision Contracting Services, Inc. KNOW ALL MEN BY THESE PRESENTS• That we �5834 Guild Court, Jupiter, Florida 33478 (561) 743-9737 as Contractor and Travelers Casualty and Surety Company of America (Surety) whose home address is One Tower Square, Hartford, CT 06183 (860) 277-0111 HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: One Hundred Fifty Eight Thousand Nine Hundred Seventy Five and No/100ths Dollars ($ � 5s,975.00 � 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 atn day of April � 20 13 , entered into between the Contractor and the City of Clearwater for: FIBER OPTIC CABLE INSTALLATION, CONDUIT BORING & FIBER MAINTENANCE SERVICES, PROPOSAL #09-13: 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 Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred 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 skill, 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 obligation 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. CONTRACT- Clearwater Fiber Optic Cable Installation - Proposal #09-13 Page 1 of 14 7/26/2012 � . . � , CONTRACT BOND �2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, 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 furnished 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 or 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. This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for paymenl musl be in ac:cordance with notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this stn day of May � 2013 Precision Contracting Services, Inc. CONTRACTOR WITNESS: ���1�����.�._- �i . ar es COUNTERSIGNED: � J. Mar� Whitehead, Jr. Attorney in Fact & lorida Licensed Agent [ CONTRACT- Clearwater Fiber Optic Cable Installation - Proposal #09-13 a _.��3.�%��..�1 �Ii Travelers Casualty and Surety Company of America SURETY By: %Y! AT� RNEY-IN-FACT �• rk�Whiteheacl, �r. Page 2 of 14 7/26/2012 OF ATTORNEY IS INVALID WITHOUT THE RED ` ,A� POWER OF ATTORNEY ' TRAVELERS � Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 1Yavelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Ina TYavelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorne �n Fa�t No. 0 0 4 9 6 7 5 4 0 Y- 221316 Certi�icate No. KNO W ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company and St. Paul Mercur}� Insurance Company aze corporations duly organized under the laws of the State of Minnesota, that Fannington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America aze corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guazanty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guazanry Insurance Company is a corporation duly orgariized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of' Wisconsin (herein collectively called the "Companies"), and that the Companies do bereby make, constitute and appoint J. Mark Whitehead Jr., J. Mark Whitehead Sr., Lori K. Charles, and Rachaei Jones of the City of _ Altamonte Springs , State of Florida , their true and lawful Attomeyi s)-in-Fact, each in their sepazate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guazanteeing the perfe�rmance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any a�#ions or proceedings allowed by law. IN WITIVJ �S R'HEREOF, the Comp��ni � have caused this instrument to be signed and theix corporate seals to be hereto affixed, this � 7th day of y Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company '- 1Y�avelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. 1Yavelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company, St. Paul Guardian Insurance Company GASUq< �.y�7'�''"y �FtNE 4� ��N �NS .� 1NSU P TY 4Np . � � � � � `� � ii � ` . r �L � .y� O.: .......U,D JP......'D9 9J m ��NW�QY '.; �,. � �°�e C/'� Q:• s o:: � ti'+ ° � �`� . j� (1 � '�j� P`zT� �ICDRP�R��F m �'`ORPOFATf,�� ° 9m� Z` �,1 9 8 2_ D �� 9%7 � 1 "� i : t i _'_ ; �' W HARTFORD� t lMF�PoNq � ... <.��� ' �.S; � 195 , ;�.sent,;o; ��:.SBAL:;3' � c«,N. o oaar. e N s b��.^��, d � ~S�s ccc�� �d�•.... ,�'ri d:'•... :;an vd �et ��� . `a �uruxinix°a� tw...A.� 1r........1�A bl �N •'� r .a :J �.1 i? �� State of Connecticut City of Hartford ss. By: �— Georg Thompson, enior ice President On this the 17th day of July 2012 , before me personally appeazed George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guaranry Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized off'icer. G.TET In Witness Whereof, I hereunto set my hand and official seal. ��11� � W w`� y• V✓�/� `�`'��'^"""� My Commission expires the 30th day of June, 2016. � p�"G � Mazie C. Tetreault, Notary Public �� 58440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Fannington Casualty Company, ridelity and Guazanty Insurance Company, Fidelity and Guazanty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance � Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guazanty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Coxporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretazy; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following off'icers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so execu[ed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surery Company, Travelers Casualty and Surety Company of America, and United �iaCes Fidelity and G�aranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compatiies, whiGh is in full force'and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affiYed the seals of said Cott�panies this � day of �`1 , 20 1!. �i✓'� ( . Kevin E. Hughes, Assistant Sec tary GHSnUn,���j � J p1RE� O\AM INgG a+�Ng�qq JPl1YANpe NW�RY �Y� � _.~l� b ar �. � �9 f�ORPOR ',! f,%�`J :............�y�} ti (i,� ���8 Z� O $ �� Z � I _.. ��F m f W,i6pPPORAlf:;it� � a < Y% Z; -.- ti: HARTFORD� �lMRTWRD, < � � isn �� N ,�s � �i�+c,�S a= � y9$i �� m �'•.SEAL;;o? �`�.SHAL,••`3° �, WNN. o Wt�1. O,p br N� � � �s� c° �o%'••........ a'!� 07••.. a" s s° �.,� � fi`" y, n i �i��'ryN�E tNp�� 1s........:�e� dl �a+ AIN �r.' To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbondcom. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNI