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2015 STREET RESURFACING PROJECT - 14-0051-EN - PUBLIC CONSTRUCTION BOND (SECOND TERM) I#: 2017091935 BK: 19565 PG: 415, 03/24/2017 at 09:37 AM, RECORDING 4 PAGES $35.:50 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLK101958 4 } B 106677686 Bond No.: PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections(2)and(10). Pursuant to §255.05(l)(b),Florida Statutes,"Before commencing the work or before recommencing the work after a default or abandonment,the contractor shall provide to the public entity a certified cony of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph." CONTRACTOR SURETY OWNER City of Clearwater [Gat or Grading&Paving, LLC1 [Teavelers Casualty and Surety [Engineering Dept.] Company ofAmerica] 100 S.Myrtle Avenue Clearwater, FL 33756 (727)562-[4750] [2704 105'"St. E.Palmetto, FL 342211 One Tower Square,Hartford,CT 06183] [941-751-39001 [860 7277-011.1] PROJECT NAME: [2015 Street Resurfacing Project-Second Tenn] PROJECT NO.: [14-0051-EN] PROJECT DESCRIPTION: [The asphaltic resurfacing of streets within the City of Clearwater as shown on the Engineering maps prepared by the City of Clearwater Engineering Department.] BY THIS BOND, We, Gabx G7aalrxj& Pam-19, IIC as Contractor, and ms Ca%alty and sxEy gn�xy cE AiErim , a corporation, as Surety, are bound to the City of Clearwater,Florida,herein called Owner, in the sum of$2,000,000,for payment of which we bind ourselves,our heirs,personal representatives,successors,and assigns,jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated Novembr 17, 2016, between Contractor and Owner for construction of(2015 Street"Resurfacing Project (Second Term)], the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and SECTION V Page 1 of 3 Updated:2/6/2017 PINELLAS COUNTY FL OFF. REC. BK 19565 PG 416 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract;and Bond No.: 106E77686 PUBLIC CONSTRUCTION BOND (z) 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings,that Owner sustains because of a default by Contractor under the contract;and 4. To the limits of§ 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract;and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract,then this bond is void;otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2),Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond, and Surety 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 2rd day of mm�di ,20 17. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). [Gator Grading&PMg By: C�D Title: Print Name: ���;G,� WITNESS: WITNESS: C orate Secretary or Witness Print Name: I I•c.^ tz Print Name: H,,,6. k L filers CE.alty and&Xety amparzy of Am= (affix corporate seal) (Corpo ate S upew ,.. By: ORNEY-IN- T Print Name: AW R- W341 (affix corporate seal) SECTION V Page 2 of 3 Updated:2/6/2017 PINELLAS COUNTY FL OFF. REC. BK 19565 PG 417 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER J POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St.Paul Mercury[insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 227367 Certificate No.007019404 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,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 are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,[tic..is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Matthew W.Varner,Jennifer B.Gullett,Catherine Thompson,Walter Caldwell,Carol S.Card,and Amy Waugh of the City of Charlotte State of Carolina their true and lawful Attorney(s)-in-Fact, each in their separate 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,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 20th day of October 2016 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 1 I I.SU f1Pf� PK�K .y"'.gUy'e'\ ,PITY 4Np OF-l"SSA 4tY!AN1 7 State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 20th day of October 2016 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty 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 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 officer. ego In Witness Whereof,I hereunto set my hand and official seal. �►.�^ __--- �"--" My Commission expires the 30th day of June,2021. Marie C.TetreauL'.Notary Public 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER PINELLAS COUNTY FL OFF. REC. BK 19565 PG 418 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 Farmington Casualty Company,Fidelity and Guaranty 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 Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty 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 Corporate 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 Secretary;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 officers: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 executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in die 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 Guaranty 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 Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this - day ofl 2017 . � Kevin E.Hughes,Assistant Sec ialY GpSUq� t\R � \�%-,IY,q` P�,NSUq J�TT 4.y0 t//yyry, -Gt$tY,t,� O £ d OR POp�jF,]m 4itAr'�04A1f:� r 1^ C'yyr.�,_ o IfE26o � yq// 5 xe .. t\ a HIATFOna, tWttWM. --•`••�rC :�, , �j•= 'I9$I � "SEALfo" �'+SHbLj.t° yO. @� oowt. a w � � der. *`t ! t� s�tANCf� °�s�AN'�a 't}.. ...•��� �� t+� . ,r7�" �h AIN°_ To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. -r l ev WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER