CLEVELAND STREET PHASE III AND FESTIVAL CORE - 16-0003-EN - PUBLIC CONSTRUCTION BOND I#: 2021226638 BK: 21620 PG: 726, 07/12/2021 at 10:31 AM, RECORDING 4 PAGES
$35.50 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY
DEPUTY CLERK: clkl04865
SECTION V—Contract Documents
Bond No.: 9826578
PUBLIC CONSTRUCTION BOND
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 copy
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
Gibbs&Register,Inc. Great American Insurance Company City of Clearwater
232 S.Dillard Street 301 East 4th Street Engineering
Winter Garden,FL 34787 Cincinnati,OH 45202 100 S.Myrtle Avenue
407-654-6133 (513)369-5000 Clearwater,FL 33756
(727)562-4750
Incorporated in: Ohio
PROJECT NAME:Cleveland St. Streetscape Phase III and Festival Core
PROJECT NO.: 16-0003-EN& 19-0026-EN
PROJECT DESCRIPTION: Full width reconstruction of two City streets totaling about one mile.
Improvements include,but not limited to: Stormwater sewers,gravity sanitary sewer,water main,
reclaim water main., and associated utility adjustments. Asphalt pavement with curbing and
associated signage and striping. Concrete sidewalks, off-street bicycle trail, landscaping and
associated lighting.
BY THIS BOND, We, Gibbs & Register, Inc., as Contractor, and
Great American Insurance Company , a corporation, as Surety, are bound to the
City of Clearwater,Florida,herein called Owner, in the sum of$15,215,742.30,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 AWY11(, )14�.aOA ,between Contractor and Owner for construction
of Cleveland St. Streetscape Phase III and Festival Core,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 22 Updated:5/4/2020
PINELLAS COUNTY FL OFF. REC. BK 21620 PG 727
+ SECTION V-Contract Documents
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
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PINELLAS COUNTY FL OFF. REC. BK 21620 PG 728
SECTION V—Contract Documents
Bond No.: 9826578
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, sliall 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 aII 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 041 1 day of
d—w► ,201 .
(Ifsole Ownership or Partnership, two(2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
Gibbs&Regist c.
By:
Title:
of O erat- ans PAN Name:
John E. Rodriguez
WIT ESS:
WITNESS:
Corporate Secretary or Witness
Print Name: Heather G.Winters,Corporate Secretary Print Name:
(affix corporate seal)
"',� `�•;� ,_ Great American Insurance Company,
(Corporat Surety)
B
� z A EY-INF CT&FL LICENSED
r RESIDENT AGENT. Inquiries: (407)834-0022
Print Name:
Jennifer L. Hindley
(affix corporate seal)
(Power of Attorney must be attached)
SECTION V Page 3 of 22 Updated:5/4/2020
PINELLAS COUNTY FL OFF. REC. BK 21620 PG 729
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GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than TEN
No.O 20715
POWER OFATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,docs hereby nominate,constitute and appoint the person or persons named below,each individually if more than
one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
J.W.GUIGNARD JENNIFER L.HINDLEY LONGWOOD,FLORIDA ALL
BRYCE R.GUIGNARD CHRISTINE MORTON LONGWOOD,FLORIDA $100,000,000
PAUL J.CIAMBRIELLO KELLY PHELAN LONGWOOD,FLORIDA
APRIL L.LIVELY MARGIE L.MORRIS LONGWOOD,FLORIDA
ALLYSON FOSS WING LONGWOOD,FLORIDA
DEBORAH ANN MURRAY TAMPA,FLORIDA
This Power ofAttomey revokes all previous powers issued on behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 7TH day of APRIL 2020
Attest GREAT AMERICAN INSU NCE COMPA
@ 4�— e. 3.��
Assistant Secretary Divisions!Senior Kee President
STATE OF OHIO,COUNTY OF HAMILTON-ss: MARK VICARio(877-377-2405)
On this 7TH day of APRIL 2020 ,before me personally appeared MARK VICARIO,tome known,
being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the
said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto
by like authority.
SUSAN A KOHORST
Notary Pubtit
State of
My Comm.Expires Q•i+�- q�
May 18,2025
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9,2008.
RESOLVED: That the Divisional President,the several Divisional Senior Ince Presidents,Divisional Vice Presidents and Divisonal Assistant Vice
Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,
as surety,any and all bonds,undertakings and contracts ofsureryship,or other written obligations In the nature thereof-to prescribe their respective duties and
the respective limits of their authority;and to revoke any such appointment at ally time.
RESOLVED FURT11ER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be gffixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract ofsureryship,
or other written obligation In the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company,to be valid and binding upon the Company with the sante force and effect as though manually affixed.
a"
It.S ti CERTIFICATION
w
.--'I 'I'$P4`lEN G1 BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power ofAttorney and
the Meso it i e:$orm of Directors of June 9,2008 have not been revoked and arc now in full force and effect.
`J h I�,w-I
, id jc#1F thi's pC day of d"VVe`'�-- y4
a V
✓' Assistant Secretary
S1029AH(03120)
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