MS WRF BLEND TANK MIXER - 18-0057-UT - PUBLIC CONSTRUCTION BOND - 104913KI#: 2020369945 BK: 21290 PG: 2532, 12/09/2020 at 01:36 PM, RECORDING 5 PAGES
$44.00 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY
DEPUTY CLERK: clk103817
Nielson, Mosholder & Associates
A member of Nielson & Company, Inc.
4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771
(407) 330-3990
PUBLIC WORKS BOND
In compliance with Florida Statutes 255.05
PUBLIC CONSTRUCTION BOND
BOND NO: 104913K
Contractor Name: TLC Diversified, Inc.
Address: 2719 171i Street East
Palmetto, Florida 34221
Phone No: 941-722-0621
Surety Company: Westfield Insurance Company
Surety Address: P.O. Box 5001
Westfield Center, OH 44251
Surety Phone No: 330-887-0101
Owner Name:
City of Clearwater
Address:
100 S. Myrtle Avenue
Clearwater, Florida 33756
Phone No:
727-562-4750
Obligee Name:
(if different for property
owner)
Obligee Address:
Obligee Phone No:
Project Name: NIS WRFBlend Tank Mixer —ProiectNo. 18 -0057 -UT,
Clearwater, Florida
Project Location: Clearwater, Florida
Legal Description: MS WRF Blend Tank Mixer — Project No. 18 -0057 -UT,
Clearwater. Florida
PINELLAS COUNTY FL OFF. REC. BK 21290 PG 2533
SECTION V—Contract Documents
Bond No.: 104913K
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(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 copv
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."
TLC Diversified, Inc.
2719 1P^ Street East
Palmetto, FL 34221
941-722-0621
SURETY
Westfleld Insurance Company
P. O. Box 5001
Westfield Center, OH 44251
330-887-0101
OWNER
City of Clearwater
Engineering
100 S. Myrtle Avenue
Clearwater, FL 33756
(727)5624750
PROJECT NAME: MS WRF BLEND TANK MD{ER
PROJECT NO.: 18 -0057 -UT
PROJECT DESCRIPTION: The work generally includes, but is not limited to, the following:
1. Demolish the following within the extents of the Existing Sludge Holding Tank: FRP Cover, Stairs,
Supports, Structural Walkway, Aeration Piping, Existing Piping (as shown in the Contract
Drawings).
2. Remove Grit, Sludge, and Rags remaining in existing Sludge Holding Tank and dispose off-site in
accordance with FDEP regulations.
3. Temporarily remove, store, and protect FRP Odor Control Duct for reconnection to new Sludge
Holding Tank Cover.
4. Install new Sludge Holding Tank Stairs and Walkway.
5. Drain, clean, and coat the interior (walls and floor) and exterior (walls) of the existing Sludge
Holding Tank.
6. Demolish the existing Pump Station Pad and replace with structure elevated beyond the 100 -year
flood plain.
SECTION V Page 1 of 18. Updated: 5/4/2020
PINELLAS COUNTY FL OFF. REC. BK 21290 PG 2534
SECTION V—Contract Documents
7. Install LED Light Pole systems and modify the existing Light Poles to be LED as specified on the
Drawings hear the Sludge Holding Tank.
8. Install a New Mixer in the Sludge Holding Tank.
9. Install a New Aluminum Cover with Access ladders and Harness Tie -Off Points from walkway on
the Sludge Holding Tank.
10. Install New Truck Off -Loading and Recirculation Pump Station (as shown in the contract
Drawings) southeast of the Sludge Holding Tank.
11. Remove and replace Dewatering Feed Pump Station Pumps and Piping located at the Sludge
Holding Tank.
12. Remove concrete sidewalk and pad (as shown in the Contract Drawings), leaving appropriate base
and support for stair landing and stair column supports.
13. Remove and replace process and drain piping to Sludge Holding Tank (as shown in the Contract
Drawings).
14. Incorporate Electrical, Arc Flash Requirements, Instrumentation & Controls (I&C) and ,
Supervisory Control and Data Acquisition (SCADA) Integration for proposed improvements.
BY THIS BOND, We, TLC Diversified. Inc., as Contractor, and
Westfield Insurance Company , a corporation, as Surety, are bound to the
City of Clearwater, Florida, herein called Owner, in the sum of $2,497.605for 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 C Z3 7o2D between Contractor and Owner for construction
of MS WRF Blend Tank Mixer, 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
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
SECTION V Page 2 of 18 Updated; 5/4/2020
PINELLAS COUNTY FL OFF. REC. BK 21290 PG 2535
SECTION V —Contract Documents
Bond No.: 104913K
PUBLIC CONSTRUCTION BOND
(2)
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 7.311A day of
N00moL - 2020 .
(If sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
TLCDivetsifi ,Inc ..\1�v ••••••
By:
Title: Thurston Lambers-tin-
Print Name: President %'•, r!a ,
WITNESS:
or Witness Print Name:
Name:
(affix corporate seal)
(affix corporrate,seal)
(pox 0r,9f_-A iorniy nurst be attached)
r•,.} T,
SECTION V Pages of l8 ,• • %`t•t% �• Updated: 5/4/2020
PINELLAS COUNTY FL OFF. REC. EiK 21290 PG 2536 STATE OF FLOFVA.-PINELLAS000NTY
,..��
I hereby ceniry that the foregoing is a we
COPY as recorded in the official records of
•i
PineC;ciunty(� ,, n
• ori , �o: Thistdey of 1 iL " 292.0
KEN BURKE
lllt��tx " Clerk o he Circuit Cam 8 Comptroller
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME ;l y.—L�i
POWER 0 AND ISSUED PRIOR TO 02/20/20, FOR ANY PERSON OR PERSONS NAMED BELOW. 1`1
General POWER NO, 0994592 00
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know Alf Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Company" and collectively as 'Companies: duly
organized and existing under the laws of the State of Ohio, and having Its principal office in Westfield Center, Medina County, Ohio, do by these
EONmake, constitute and ap Int
EON BRAMLAGE, LAURA D. MOSHOLDER, EDWARD M. CLARK, JOINTLY OR SEVERALLY
of ST PETERSBURG and Stale of FL its true and lawful Altomey(s)-In-Fact, with full power and authority hereby Conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognlzances, undertakings, or other instruments or contracts of
suretyship- .... - . - ... _ ...... .
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUAR N I EE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of Uro folfowlrlq resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved. that the President, any Senior Executive. any Secretary or any Fidelity & Surely Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Anorney(s)-in to represent and act for
and on behalf of the Company subject to the followirq provisions:
The Afforney4ri-Fad may be given full power and authority for and in the name of and on behalf or the Company. to execute. acknowledge and
deliver, any and all bonds. recOgnlzances. contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fan shall be as binding upon the Company as if sfgned by the President and sealed and attested by the Corporate Secretary. -
Be d Further Resolved that the si nature of any such designated person and the seal of the Campeny heretofore or hereafter affixed to any
sower of attorney or any certificate re ating thereto by facsimile. and any power of attorney or certificate bearing facsimile signatures Or facsimile
eal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000).
In Witness W%ereof, WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have Caused thesepresents to be signed by their National Surety Leader and Senlor Executive and their Corporate seals to be hereto
affixed this 20th day of FEBRUARY A.D.. 2020 .
Cor sre x.1gN.... Fe •tlnNk''A•i,, J, �Nt"w�,,,,, WESTFIELD INSURANCE COMPANY
sealo �" � a "'•'"s� : / `'� WESTFIELD NATIONAL INSURANCE COMPANY
AIbxM .. +y �?
^�� OHIO FARMERS INSURANCE COMPANY
i5EAL1. Ni SEAL
•y` iO7�'. 1848
State of Ohio ••,,•.....,.• ,••,...•.•..••' By
County of Medina ss. Gary7WtUmpes, NationafSurefy Leader and
Senior Executive
On this 20th day of FEBRUARY A.D.. 2020 , before me personally came Gary W. Stumper to me known. who, being by me duly sworn,
did depose and sn that he resides In Hartford, CT; that he is National SUrety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY. the companies described in and which
executed the above instrument that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name there:0 by like order.
Notarial
Seal
Affixed ,4P,: ••••.•. Six (/
0
r�\�111%i,• v
State of Ohioax o David A. Kotnik, Attorney at Law, Notary Public
County of Medina 55.: ,.ty r of My CORI!IIi59nn Does Not Expire ($e0. 747.03 Ohio Revised Cade)
46
E p
I, Frank A. Carrillo, Secretary of WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby Certify that the above and foregoing is a true and Correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect and furthermore, the resolutions of lite Boards of Directors, set out in the Power of Attorney are
in full force and effect.
�In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center. Ohio, this 2eday 01
pytayrt(>o( A.D.. 2020
O,I�SYM49Ci rsrp<,-J?,ru,(:, �• 1.._-.'W':>�i
SEAL, m
:u,
((11348
i y (i6M+w.gyJ'�a�rfillT'......,, CC.
e
Frank A. Carrillo, Secretary z _
IX
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