CONTRACT BOND WITH LIBERTY MUTUAL INSURANCE COMPANY
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BOND NUMBER: 22-004-556
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF PINELLAS
KNOW ALL MEN BY THESE PRESENTS: That we Azurix North American
Residuals Management. Inc. as Principal and Libertv Mutual Insurance Companv
(Surety) whose home address is 175 Berkelev Street. Boston. Massachusetts 02 117
HEREINAFTER CALLED THE "Surety," are held and firmly bound into the City of
Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: Eight Hundred
Fifteen Thousand Eight Hundred Eighty and Noll 00------------------------------___
Dollars ($815,880.00) for the payment of which we bind ourselves, our heirs, executors,
administrators, successors, an~signs for the faithful performance of a certain written
contract, dated the ~3vf1lliY of Mav 2000, entered into
between the Princip~ and the City of Clearwater for: Treatment and disposal of domestic
wastewater bio-solids residuals a copy of which said contract is incorporated herein by
reference and is made a part hereof as if fully copied herein.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if
the Principal shall in all respects comply with the terms and conditions of said contract,
including the one-year guarantee of material and labor, and his obligations thereunder,
including the contract documents (which include the Advertisement for Bids, Form of
Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General
Conditions and Technical Specifications) and the Plans and Specifications therein
referred to and made a part thereof, and such alterations as may be made in said Plans and
Specifications as therein provided for, and shall indemnify and save harmless the said
Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said
Principal agents or employees, in the execution or performance of said contract, including
errors in the plans furnished by the Principal, and further, if such "Contractor" or
"Contractors" shall promptly make payments to all persons supplying him, them or it,
labor, material, and supplies used directly or indirectly by said Contractor, Contractors,
Sub-contractor, or Sub-Contractors, in the prosecution of the work provided for in said
Contract, this obligation shall be void, otherwise, the Principal and Surety jointly and
severally agree to pay to the Owner any difference between the sum to which the said
Principal would be entitled on the completion of the Contract, and that which the Owner
may be obliged to pay for the completion of said work by contract or
ill
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CONTRACT BOND
(2)
otherwise, and any damages, direct or indirect, or consequential, which said Owner may
sustain on account of such work, or on account of the failure of the said Contractor to
properly and in all things, keep and execute all the provisions of said contract.
And the said Principal and Surety hereby further bind themselves, their successors,
executors, administrators, and assigns, jointly and severally, that they will amply and
fully protect the said Owner against, and will pay any and all amounts, damages, costs
and judgments which may be recovered against or which the Owner may be called upon
to pay to any person or corporation by reason of any damages arising from the
performance of said work, or of the repair or maintenance thereof, or the manner of doing
the same or the neglect of the said Principal or his agents or servants or the improper
performance of the said work by the Principal or his agents or servants, or the
infringements of any patent rights by reason of the use of any material furnished or work
done; as aforesaid, or otherwise.
And the said Principal and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum
which the Owner may be compelled to pay because of any lien for labor material
furnished for the work, embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration of addition to the terms of the contract or to the work or to
the specifications.
fP
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CONTRACT BOND
(3)
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
27th day of April , 2000.
Azurix North American Residiuals
Management, Inc.
4~~:~ '. -
By: LYLE llRENZIL. VICE PRESIDENT
Libertv Mutual Insurance Company
SURETY
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Y-IN-FAQT ..
By:
WITNESS:
~~~
Cheryl B ley .
COUNTERSIGNED:
AON Risk Services of Florida
Miami, FL
uJ ~ /2, fetJcuJ
William L. Parker, Resident Agent
~
THIS POWER OF ATTORNEY IS NOT VALID INLESS IT'ISPRINTED ON RED BACKGROUNI'
622764
This Power of Attorney IimitsJhe act of those named herein, and they have no authority to bind the Company except in the
manl)er and to the extenthereil) stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BYTH.ESE PRE:SENTS:. ThatLiberty.Mutuallnsurance Company (the "Company"), a Massachusetts
mutualinsiJrance company,pur~uant to "Ildby authority ().fthe By-Iavv and Authorization hereinafter set forth, does hereby name,
constiluteand appoint, ERieS: FEIGHl;MILDa~DL MASSEy,JANIE CERME~O,NANCYTHOMAS,PHILlP N.BAIR,
VICIE COLEMAN, JIMMYELANGFQRO,LYNNB. MATHES,pHYLLlSaAMIREZ, ALL OFTHE CITY OF
HOUSTON, STATE OF TE}(A,!) .........................;.n......................;..........................;.............................................................
BOND NO. 22~004-556
On this _-20th day of __ Janu~ry ,.-A,P,_: _ _ 2000 , before.__me_, a Not~ry__P~b_Ii?, personally came the individual, known to
me to be the therein desSJw~~ifl~t~ual and ci.fflc:erof Liberty.-Ml,!t~,~J__If1s.LJr8::nce Comp~_ny_-who-exe_cut~d,:th~-,pre.ceping instrument; and he acknowled-
ged that ,he executed,~1fle,,~art!Er-a_~~ the st3al-i3ffixed to ~h_~_saiq--prece_?ing i_nstrument-is::.fhe corp_~:ratE!--Seal-of_-~aid :company; and that saiQ corporate
s~al and his Signat~~~~~~Y'as _dU)y.-aHixed:-~:~_~:__:subscribed to,the__s9-id ins!ruITlent by_:_aut_hority and di.rectjO~ of the said company.
IN TESTIMO~~;W~t:REOF.- r ~re_tn1~ se.,t-my hand-and__affixmy official.-seal at Plymou Meeting,.p, the day and-'year first above written.
I,' - 'f''-- l'; --.-~ '-- ~-- :--.'jr---- _-/-:;~~:~_;;"Ri;:'-' Sr:','\L -~']-- -. --
j '.~" ?rJ - " nJ"!:<Ii<. -E:'SI-IELDS, I':;;I['T =>~:)I-L- !
\,~,~:.~~,,::g!<>'. . __ ;-:Y:~,~,;J,;~;:'crr'~~~;:~h~E. ..
I, the undersignedi~ffiittant:$eC,r_e.tary of Uberty Mutuat.-lns~rance-Company, do hereby CertitY,:thatthe:':Otigiri'~1 power of attorney of which the
foregoing is a full, true andc5'f'mcf copy, is in full force and effecLon,the,date of this certif.icate; and__1 do turt_fier certify that the officer who executed the
said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article
XVI, Section 5 of the By~laws of Liberty Mutual Insurance Company.
This certific:;ate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual -Insurance
Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced- signature of any assistant secretary of the company wherever appearing upon a certified
copy of any power of attorney issued by the cOrT)pany:, shall be valid and binding upon the ,company with the same force and_ effect.as
though manually affixed. . -
IN TESTIMONY WHEREOF, I have hereunto subscribed my name_and affixed the corporate seal of the said company, this 27th day of
Apri 1 ?OOO.. . C)L,/ QL
~tant Secretary
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER Januarv 20 ,20 02
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COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
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