NORTH GARDEN AVE GARAGE - 18-0033-EN - PUBLIC CONSTRUCTION BOND - 41K008024 (UNOFFICIAL)I#: 2020007147 BK: 20836 PG: 1999, 01/07/2020 at 11:10 AM, RECORDING 5 PAGES
$44.00 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY
DEPUTY CLERK: CLKRD23
7217 Benjamin Road
Tampa, FL 33634
j° (813) 24.3-1110
Q (813) 243 -1109 {ax
m contraetbonds n prosuregroup.corn
® www.prosuregroup.corn
rnThis is the front page of the performance/payment bond
Jssued in compliance with Florida Statute Chapter 255.05
THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED
TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2) AND 255.050o), ARE INCORPORATED IN THIS
\\\ BOND BY REFERENCE
�Bond Number: 41Koo8024
/� \\
Surety in which bonds written: The Ohio Casualty Insurance Company
\Local' Address: 9721 Executive Center Drive, Suite 105,
v �St. Petersburg, FL 33702
Local Phone Number: � (727) 822-5610
Contractor/PrinciName•--R s oe ct on Corporation
Address: 337 North Falkenburg Road,
l Tampa, FL 33619
Phone 13) 643-2202
Owner of Property J Contracting Entity: Citv oO arwater
Address:
Phone:
Contract Number:
Project Name:
Project Address:
Project Description:
<1oo S. Myrtle., Suite 220
Belleair, FL 33756
(727) 562 4750
18-oo33-GN/ /�
North Garden Parking Garage Restoration
28 North Garden Ave., Clearwater, FL. 33755
Parking Garage Repairs
This bond has been furnished to comply with the requirements of F.S.A. 255 5 TThis bo d\ hereby amended
such that all provisions and limitations, including conditions, motive and time limitation of F.S.A. 255.05 are
incorporated herein by reference. Any provisions of this bond which conflicts,with or purports to grant broader
or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed
herefrom. This bond is a statutory bond, not a common law bond./ \�
This is the front page of the bond regardless of preprinted numbers on the other pages issued in
with F.S.A. 255.05
SURETY BONDS
Performance Bonds ( Contract. Bonds I license Bonds I Court Bands
PINELLAS COUNTY FL OFF. REC. BK 20836 PG 2000
SECTION V — Contract Documents
Bond No.: 41KO08024
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 paymeni must be in accordance with the notice and time limitation provisions in subsections
(2) and (10)._�� \\
Pursuant to § 255.05(1)(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 constriction services,. the, public entity may not make a payment to the contractor until the
contractor has complied with this paragrapV
CONTRACTOR SURETY OWNER
The Ohio Casualty Insurance Company City of Clearwater
Restocon Corporation /[nitrre}�� Engineering
9721 Exec iu ve Center Drive 100 S. Myrtle Avenue
Clearwater, FL 33756
St. Petersburg, k 33702 (727) 5624747
337 N. Falkenburg Rd. [principal business address]
Tampa, FI, 33619 (727) 822-5610 v /�
813-643-2202 (phone nzyhber} /
PROJECT NAME: North Garden Ave Garage
PROJECT NO.: 18 -0033 -EN
PROJECT DESCRIPTION: Concrete repair, removal and replacement of expansion joints, installation
of waterproofing membrane, removal and replacement of sealants, restoration of handrail systems, stucco
repair, metal wall framing repair, paint and sealing exterior fagade/wall, and power washing an existing
parking structure.
BY THIS BOND, We,/as—Contractor, and
The Ohio Casualty Insurance Company_, a corporation,, as Surety; are bound to the
City of Clearwater, Florida, herein called Owner, in the sum of $ 702,848.40; for paymenilof which we
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and sev\r�ally.
THE CONDITION OF THIS BOND is that if Contractor:
I . Performs the contract dated _ _, between Contractor and Owner for c� ction
of North Garden Ave Garage (18 -0033 -EN), 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.thez
times and in the manner prescribed in the contract; and i
SECTION V Page 1 of 20 Updated: 10/12/2018
PINELLAS COUNTY FL OFF. REC. BK 20836 PG 2001
SECTION V
255.05(1), Florida Statutes,
or indirectly by Contractor in
0",
04
Page 2 of 20 Updated: 10/12/2018
PINELLAS COUNTY FL OFF. REC. BK 20836 PG 2002
SECTION V - Contract Documents
Bond No.: 41 K008024
PUBLIC CONSTRUCTION BOND
(2)
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 employeei�i om 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 cons truction'contract; and
5. Performs the guarantee of all worl�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 on tke 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 day of
120. 1�
(If sole Ownership or Partnership, two (2) Witnesses required),
(If Corporation, Secretary only will attest and affix seal),
SECTION V
Rests noc Corp raft
By: i
Title: / ,A/(.
Print'Name:� nr�r
WITNESS:
v
Print Name: (/( / \)\
The Ohio Casualty Insurance Company
(Corporate Surety)
By:
ATTORNE -IN-FACT,
Print Name: David B. Shick, Atto;r yon-Faat &
Licensed FL Residt nt gent #J;24117,6 a
(affix corporate seal) ,-4• P,
(Potiver afAnorney must be agvAriw
Page 3 of 20 Updated: 10/12/2018
PINELLAS COUNTY FL OFF. REC. BK 20836 PG 2003
N
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r
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
lib&tLiberty Mutual Insurance Company
The Ohio Casualty Insurance Company Certificate Na 8200633-969466
SURETY t URE TY -r West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organizDd under the laws of the State of New Hampshire, that
Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duty organized
under the laws of ttte State of Indiana (herein collectively called the'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, David B.
Spick; Bundy Bauch / /
all of the city of Tampa i i state of FL each individually if there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, aduwwledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper
persons. / \ \ \\
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed
thereto this 27th day of Fetnuary , 2019 ,
p� 1NSU� PySY INS&
�J 4Qavorr,�T Y�, yJ aarorr,Ir
J:' Face / Quo °bn
1912 0 a 1919
1� SgCHlSS� da O ryHAW 'nP+I
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
By:1
David M. Carey, Assistant Secretary
State of PENNSYLVAN IA
County of MONTGOMERY ss ^
On this 27th day of February 2019 before me personally appeared David M. Carey, who admoviedged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he,' as such, being authorized so to do, execute the foregoing instrument for tate purposes
therein contained by signing on behalf of the corporations by himself as a duty authorized officer. /
IN WITNESS WHEREOF, I have hereunto subscribed\ \ n
my names and affixed my n�� al at King of Prussia. Pennsylvania, on the day and year first above mitten.
Qrgry y Spy COMMONWEALTH OF PENNSYLVANIA
Nrs2anal
n ierese Fras2epa, Notary publio
County
�j9L'f A'.cr`�cnTwP�. &1nnrlanury oursry BY_-
r k vti�A`��t My Commission Exnras rsr f`,t' 28,21YI1 / Teresa Pasteila, Notary Public
Meinber, Pev. uylwmla Aa l an d Nwwo ns� /
This Power of AttorneyIs made and executed
pursuant to and by authority of the following By-laws ark 'Autilorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attorney. V //
Any officer or other official of the Corporation authorized for that purpose in ATihng by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such aftomeysAn4act, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations_ Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seat of the Corporation. When so executed. such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomeyin-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such prnvor or authority.
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 prescribe.
shall appoint such aiiorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver'as surety any and all undertakings,
fonds, recognizances and other surety obligations. Such altorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary -
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M_ Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogniza6ces and other surety
obligations -
Authorization -
bligations.Authorization- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of arty pourer of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same farce and effect as though manually affixed.
I, Renee C_ Llewellyn, the undersigned, Assistant Secretary, The 0(o Ca°pIi Ir1sl)rance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the,far*iifg a 1, trxigF ar>'d-correct copy of the Power of Attorney executed by said Cornpanies, Ls in full force and effect and
has not been revoked - u`
e Vol " �
IN TESTIMONY WHEREOF, I have hereunto set my hanzi aotl aft e seals a5A 41ipanies this day of 2019 .
1NStgq n �J,( INS \NSt7�,
jGoaro�yr� JPGoqy� �P `oaro2y q?�
1912 a { b '' 1919E n `? 1991 o J�.,.
~ �~ Ataus�aL S rid A r X41 "NoiaNP ds By:
Renee C. Llewellyn, Assistant Secretary
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