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2021 STORMWATER REPAIRS - 20-0029-EN - PUBLIC CONSTRUCTION BOND - 107316152I#: 2020327546:BK; 21235 PG: 1, 10/3()/2.020 at .12:10 PM., RECORDING 4 PAGES $35.50 KEN BU.RKE,'CLERK OF COURT AND COMPTROLLER PINELLAS. COUNTY, FL BY DEPUTY CLERK:. clk103817 SECTION V— Contract Documents Bond No.- 107316152 PUBLIC CONSTRUCTION BOND (1). This.bond is.givento comply with § 255.0.5, Florida Statutes; and. any action instituted by a claimant under this. band for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pnrstiant 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 co of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment. for construction..servicen, the pab& .entity may not. make a payment to the contractor until the contractor has complied with this paragraph." CONTRACTOR David Nelson Construction Corn an 3489 Alternate 19 Palm Harbor, M.34683 727-784-7624 SURETY Travelers:Casuait and Sure Cote an .of America. [f7siFlE.) Ghe Tower S care Hartford CT 06183 [principal business address) 860-277-0111 [phone number] 11 all City of Clearwater Engineering i fl¢ S. Myrtle Avenue Clearwater, FL, 33756 (727.) 562=4750 PROJECT NAME: 2021 STORMWATER.REPAiRS PROJECT NO.: 20 -0029 -EN PROJECT DESCRIPTION: This is an annual contract for on-call services for Stormwater infrastructure improvements and repairs. The successful contractor will be required to enter a.contract with the City of Clearwater and provide. all labor, equipment, and materials for Stormwater infrastructure . improvements and repairs. BY THIS BOND, Vie David Nelson Construction Company, as Contractor, and Travelers Casualty md.Surety Company dAmetica a Corporation, as Surety, are bound to the City of Clearwater, Florida,. herein called.Owner, in thesum of $1,500,000.00.;*for payment of which we: hind ourselves, .our heirs,. personal representatives, successors, and assigns, jointly and severally. '* One Miilinri Five hundred Thauandmd.00/100 Dollars THE CONDITION OF THIS. BOND is that if Contractor: 1. Performs the. contract dated 4)(-t AA 2020 between Contractor and Owner for: construction .of 2021 Stormwater Repairs, 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:Condition% PIans, Technical Specifications and. Appendix,. and such alterations as may be made in said Plans and Specificationsas therein provided for), at the tithes and in the manner prescribed in.the:contrnt; and SECTION V Page 1 of 19 Updated: 5/4)2020 PINELLAS COUNTY FL OFF. REC. BK 21235 PG 2 SECTION V -- contract Dow ments Bend No. 10731615.2 :2. Promptly snakes 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 wo&provided for in.thecontract; and SECHON.V Page ?-of 19 Updated: 5/4/2020 PINELLAS COUNTY FL OFF. REC. BK 21235 PG 3 SECT€aN V --Contract pocurnerts Bond No.- 107316152 PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all lasses, 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 harmtess Owner, their officers and:ernployees,. from liabilities, damages, losses and costs, including, but.not limited to,. reasonable attomey'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 underthe 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 5ection.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 oftime; alteration. or addition to the terms of the. contractor to. the work or to. the specifications. IN TESTIMONY NMEREOF, witness the hands and scals.of the parties hereto this A4_V—_ day of 2020 (Ifsale ownership or Partnership, two (2). Witnesses -required). (If Corporation, Secretary only will attest and affix. seal). David Nelson s uc 1011",o. By: Title:: M a P m side nt Print.Name: David L. Vekasi Ss: � it . u orate Secretary or Witness Linda D Shutt -Atkins, Ass`t:Corp Sec .v. ; ix q#17porate:seal} WrrNESS: Print Name: Travelers Casualty.and Surety Company of America (Corporate Surety) I._� By: ' ATTORNEY-IN-FACT, Ind MmdaVicenscd RaidentApnt Print Name: Kevin Waltowics' , (affix corporate seal). (Power ofAttorney must & &ti chQ7 SUMON V Page :3 of 19 Updated: 5/4/2020 PINELLAS COUNTY FL OFF. REC . BK 21235 PG 4 .'(,,TE L+F I Luh)uti r'lFvtiatlbii]U(Vjj+ l hereby owilfy that VW 10rag01V is a thrua spy as recorded to the official records of �P,ir�I9t11 Cou of 1 t� day of t, KEN BURKE 5 f4 v vl Circuit Court & Ca troller Travelers Casualty and Surety Company of Arftildile AW Travelers Casualty and Surety Company TRAVELERS.! St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (hereln collectively called the "Companies'), and that the Compan les do hereby make, constitute and appoint Kevin Woltowlez of St. Petersburg, Florida, their true and lawful Attorney -in -Fact to sign, execute, sea( and acknowledge any and all bonds, recognhzanoes, conditional undertakings and other writings obggatory 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. I WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed. this 3rd day of February, 2017. �pms�r� it arca � SLR Slate of Connecticut By: City of Hartford ss. Robert L Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument far the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness whereof, I hereunto set my hand and official seal. �.T My Commission expires the 30th day of June, 2021 +—t - n naytto � Mares Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St, Paul Fire and Marne Insurance 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 Companys name and sea with the Company's seal bonds, recognlzanees, contracts of indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Hoard 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 Chalrman. any Executive Vice President, any Senior Vice President or arty 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 orAssfstant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-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 certiffoate 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 seat 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 the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 rem airra in full force and effect. Dated this day of fl c� irrr 0 Kevin E. Huahes. Asst t�ant Secretary To verify the authenticity of this Power of Attorney, please Calf us at 1-SOb-421-3880. Please refer to the above-named Attorney -in -Fad and the details of the band to which the power Is attached