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2021 UNDERDRAINS - 20-0028-EN - PUBLIC CONSTRUCTION BOND - FLC-85674I#: 2020344836 BK: 21258 PG: 140, 11/17/2020 at 11:04 AM, RECORDING 4 PAGES $35.50 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: c1k103815 SEMONv-contract Documents =OD Bond No.: FLC-85674 L PUBLIC CONSTRUCTION BOND (1) L 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). aPursuant 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 cerfifled co of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt a payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph. - a CONTRACTOR SURETY OHNE Steve's Excavating and_Pavin& Inc Merchants Bonding -Company (Mutual) City of Clearwa ff P.O. Box 303 [name] Engineering n Dunedin, FL 34697 6700 Westown Parkway 100 S. Myrtle Avenue �• a Des,Moines 1A 50266 Clearwater, FL 33756 727-446-3485 [principal business address] (727) 562-4750 800 678-8171 [phone mmtber] PROJECT NAME: 2021 Underdrains PROJECT NO.: 20 -0029 -EN a� PROJECT DESCRIPTION: The 2021 Underdrain lxrtprovements The 2021 Underdrain improvements project consists of all labor, materials, equipment, and tools necessary for the demo of asphalt and concrete driveways, associated curb, grassed areas and installation of 6" PVC underdrain w/cleanouts with connection into exiting storm sewer inlets. Work also includes the replacement of asphalt and concrete driveways, curb and sod at certain road locations within the East Gateway community of the City of Clearwater. BY THIS BOND, We, Steve's Excavating and Paving, Inc,, as Contractor, enc Merchants Banding Company (Mutual) , a corporation, as Surety, are bound the 6 AM 2 City of Clearwater, Florida, herein called Owner, in the sum of $300.000.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. GTHE CONI. MON OF THIS BOND is that if Contractor I- Performs the contract dated , between Contractor and Owner for construction of 202I Underdrains improvement project, 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 Conditians, flans, Technical Speeifications and Appendix, a SECT10N V Page 1 of 18 Updated: 5/4/2020 o PINELLAS COUNTY FL OFF. REC. BK 21258 PG 141 I. SECTION V --Contract Documents 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 L. Updated: 5/4/2020 PINELLAS COUNTY FL OFF. REC_ BK 21258 PG 142 F SECTION V—Contract Documents PUBLIC CONSTRUCTION BOND (2) =-00Nr> Bond No.. FLC-85674 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, thenthisbond 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 fannalities 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 15th day of October , 2020 . {If sole Ownership or Partnership, two (2) Witnesses required). {I, f Corporation, ,secretary only will attest and affa seal). a awITNIE Secre or Witnessc��', y� �#fame: 7�-Otrr- Li ' a ,•e ,(a„ix corporate seal) ltd 1 aSECTION V a Steve's Excavad and Pa Title: Print Name: WME t. Print Name: Merchants BLnjxR0rnPanyAMqtual %.� f ► Ju (Corporal `�°' '° •'• ; "f By: , r o -FACT � 4 Print Name: G , n Arvanitis ; •- A (affix corporate seal) " q 1s (Power of Attorney must he attaehed) Page 3 of 18 Updated; 5/4/2020 PINELLAS COUNTY FL OFF. REC. BK 21258 PG 143 jur"o�t MERCHANTS�'� BONDING COMPANY STATE OF FLOP!DA-PM—I.LAS COUNTY I hereby certify that the foregoing Is a truc copy as recorded In the official records of Pinel ounty. n, This day o€ OY' , 2R G KEN BURKE Coe fthe Circuit Court 8 Comptroller �y:�s n�,�,tv POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the `Companies") do hereby make, constitute and appoint, individually, LGlenn Arvanlfis; Kimberly Arvanids their true and lawful Attomey(s)-in-Fact, to sign its name as surety(es) and to execute, seal and acknowledge any and all bonds, undertakings. Contracts and other written instruments 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 a actions or proceedings allowed by taw" This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of D3 rectors of Merchants National Bonding, Inc., on October 16, 2015. (7 "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority .Ji to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, reocignizances, contracts of indemnify and other writings obligatory in the nature thereof-' 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seat when so used shall have the same tome and effect as though manually fixed-" In connection with obligations In favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey4n-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not reileve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey4n-Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 15th day of November 2017 r� „ *,....... T. ......... Nq� ,• �•.• •' 9; ' •"'qq PotPo/o �(MERCHANTS BONDING COMPANY (MUTUAL) ,mo w.MERCHANT NATIONAL BONDING, INC. Ze v ~ 2003 ;�� : y 1933 c: By =.,dVi��,: .•6�..... • `1a.•' President STATE OF IOWA COUNTY OF DALLAS ss. On this this 15th day of November 2017 before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. a0�'1 a4 s AUCIA K. GRAM v Commission Number767430 . LMy Commission Expires ,owe April 1, 2020 Notary Public (Expiration of notaryrs commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., dr hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still In full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies ori.this 15th day of October , 2020 ...........a,,. ........ M • tt;�s„u J,J rrrr�/ 1►aAiq[ ••, •�O�N� Pa`l' �.� uC3, ��•.� •y ........... PO Al 5 '0R R,q'�OZ. Ze 1933 e: 9 a "c - Secrea 2003 _ �: .y* .anti. o G d4 �%o � .• 4 M' ••.•.. POA 0018 (3117) '•�•••••,,•••''fir.,; 1 r._ l REM