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Home My WebLink About(#05) Johnson-David - Riviera & GardeniaBK: 3713 PG: 884, 7/24/2024 3:28 PM PERFORMANCE BOND Bond No. 016241410 BY THIS BOND, We Johnson -Davis Incorporated as Principal, hereinafter called Contractor, and Liberty Mutual Insurance Company as Surety, are bound to the City of Sebastian, Florida, as Obligee, hereinafter called City, in the amount of Nine Hundred Filly -eight Thousaoil & 00i 100 Dollars (S 958,000.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, No. 24-09-ITB, Riviera Avenue and Gardenia Street Drainage Improvements awarded the ll) day of July, 2024, with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract THE CONDITION OF THIS BOND is that if the Contractor: L Performs the Contract between Contractor and City for Riviera Avenue and Gardenia Street Drainage Improvements, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees, including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. 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 AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: a. Complete the Project in accordance with the terms and conditions of the Contract Documents; or b. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract, and upon detennination by Surety of the lowest responsible Bidder, or, if City elects, upon detennination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The tern "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. If IL: s /IJ Ylr: 66-) No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract and that any changes do not affect Surety's obligation to perform under this Bond. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. Signed and sealed this 23rd day of July WITNESSES: (Secretary)ry) (CORPORATE SEAL) IN THE PRESENCE OF: Nicole Stillings, Witness (Notary required for Contractor's Signature) ,20 24 By: By: Address: CONTRACTOR Johnson -Davis Incorporated (Name of Corporation) (Signanae) iit Name and Title IN RAN CO Y: , (A id Attor iI,#?act) Joshua R. Loftis 1 5 Berkeley Street (Street) Boston, MA 02116 (City/State/7.ip Code) Telephone No.: (617)357-9500 Sworn to and subscribed before me this 41 day of Personally known Or produced identification Notary Public — State of A�a��;T�� My commission expires (Type of Identification) o�PaYPUB��o LARISADITUPELKEY a '�+ '' Commission # HH 178111 ` * Expires January22,2026 N� �e r Vonuw ii.Ivfb=lNO emrRB (Printed, typed, or stamped commissJW6 name notary public) 1 W ) / 1 J My: 75736 Bond No. 016241410 PAYMENT BOND BY THIS BOND, We Johnson -Davis Incog)orated as Principal, hercinalier called Contractor, and Liberty Mutual Insurance Company as Surety, are bound to the City of Sebastian, Florida, as Obligee, hereinafter called City, in the amount of zinc HunJrcd Fitiy•6eht Thousand & lNl IIIII Dollars (� 9,R't)O11.04 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into Contract, No. 24-09-ITB, Riviera Avenue and Gardenia Street Drainage Improvements awarded the 10 day of July, 2024, with City which Contract are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract". THE CONDITION OF THIS BOND is that if Contractor, - I. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor. materials and supplies used directly or indirectly by Contractor in the performance of the Contract: THEN CONTRACTOR'S OBLIGATION SHALL BE VOID: OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT. HOWEVER, TO THE FOLLOWING CONDITIONS: a. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. b. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. c. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. d. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-1 I, Florida Statutes. 3. The Surety hereby waives notice of and agrees that 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 the Surety's obligation tinder this Bond. tfli: s its rlr: 675 / Signed and sealed this 23rd day of July 2024 WITNESSES: CONTRACTOR Johnson -Davis Incorporated (Name of Corporation) (Secretary) By: ,o / (Signature`s (CORl3.ORATE SEAL) IN THE PRESENCE OF: P/ h &,. "-" Nicole Stillings, Witness (Notary required for Contractor's Signature) dam/ a -7"4- o . (P t Name and Title) /f - Aand Y By: -in-.- dGt) JosF;ua.�t, Ld is Address: 175 Berkeley Street (Street) u. Boston, MA 02116 (City/State/Zip Code) Telephone No.: (617) 357-9500 Sworn to an subscribed before me this '2-1 day of �litsi , 20-4, either in person or _via electronic means by 'Zo,�,,�// as the �� . �, of _ o>? etan�is: Personally known V Or produced identification as follows. - NOTARY SEAL: LARISADITU PELKEY ary Public —State of�.� otP�� Pue�'o a � Commission # HH 178111 * * Expires January22,2026 My Commission expires on: NT9lFOF F`oQo Bonded Thru Budget Notary services 0 tiK: 3 / 13 Yl,: nnn Bond Number: 016241410 ACKNOWLEDGEMENT OF SURETY State of Wisconsin ss. County of Dane On this 23rd day of July Public, personally appeared known to me to be the 2024 , before me, a Notary Joshua R. Loftis Attorney -in -Fact of Liberty Mutual Insurance Company the corporation that Is described in and that executed the attached instrument, and acknowledged to me that such corporation executed the same, and that she is Attorney -in -Fact of the corporation described in and which executed the foregoing instruction; that she knew the seal of the corporation; and that the seal affixed to said instrument was such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that she signed her name they to by like orAer. " 00MI'l � /I Signat re of Notary Publi — Nicole Stillings My Commission Expires: 09/19/2026 (Seal) NICOLE STILUNGS NOTARY PUBLIC STATE OF WISCONSIN K: .S / 13 Fil 711 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein staled. Wk Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No 8210698 - 19D054 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire. that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint. Brian J. oearcich, Colby 1) White, Emily Whitc, Joshua R. Lnftis, Lin 1Ili un, Nlrlinda C. Blodgcit. Shcheile Morrison, Nathan Wrncr. Nicole Stilling.. R. ('. Bo" man. R. W. Frank. Rachcl rbonuis. Ross S. Squires, Sandra NI. Engstrunt, sarlh Urapt. rcd ,lorkenscn. I ina Unmask all of the city of Slinucapulis stale of MN each individually if there be more than one named, Its true and lawful attorney -in -fact to make. execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds. recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this IIst day of August 2023 Liberty Mutual Insurance Company ` tNSUq ASV IN9U t%$U# The Ohio Casually Insurance Company P oaPOR�rox4c� P P o0.POR�rg9y� �P cpFPUR�r P� West American Insurance Company 1 12 dy1'aa,CHUSF• aa3 MA PS;apq ax) dNl By: c W t`a . ti`' , fd ')M . Ia David M Carey. Assistant Secretary State of PENNSYLVANIA 9 Cr d o County of MONTGOMERY Cp 6 On this 31 st day of August 2023 before me personally appeared David M Carey who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ) ccCompany. The Ohio Casualty Company and West American Insurance Company, and that he, as such, being authorized so to do. execute the foregoing instrument for the purposes' therein contained by signing on behalf of the corporations by himself as a duly authorized officer NN IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania. on the day and year first above written O -t,�;-�',.� Commo-ii N,rsylvama Noiary Si CLO ..._ or - reress oasiella Naour publlt n Montgomery Counry � E E O i 'i' �//' I ',-Lx/ i commissor expires March 2B, 2025 .4[% rG4l•c " B number 112604a y �,e.�Psstella, OCommisson .. , "�'"�"'�, i / M._, Notary Public Ty Q O O`er C 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company Liberty Mutual coo 0 •� E Insurance Company, and West Amencan insurance Company which resolutions are now in full force and effect reading as follows 11 ARTICLE IV - OFFICERS: Section 12 Power of Attorney `o 0 O M Any officer or other official of the Corporation authorized for that purpose in wribng by the Chairman or the President, and subject to such limitation as the Chairman or the -c— v President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make. execute seal. acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall '0 3 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed. such oo ar Z v instruments shall be as binding as If signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the o1113 provisions of this article may be revoked at any time by the Board. the Chairman the President or by the officer or officers granting such power or authority LL ? ARTICLE XIII - Execution of Contracts: Section 5 Surety Bonds and Undertakings. Any officer of the Company authonzed for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, — bonds, recognizances and other surety obligations Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shah be as binding as if signed by the president and attested by the secretary Certificate of Designation - The President of the Company acting pursuant to the Bylaws of the Company. authorizes David M Carey Assistant Secretary to appoint such attomeys-m- facl as may be necessary to act on behalf of the Company to make. execute seal acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company. wherever appeanng upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same farce and effect as though manually affixed I. Renee C Llewellyn the undersigned. Assistant Secretary, The Ohio Casualty Insurance Company Liberty Mutual Insurance Company and West American Insurance Company do hereby certify that the original power of attorney of whirin the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked IN TESTIMONY WHEREOF 1 have hereunto seCmy' hand'and affixes the seals of said Companies this 23rd day of July 2024 b 4NSUq tM INSU a 1NSUq JPcupvo�ro4'fi cJca"cr4rR•'y c+Pc141 oaPORarg4c+ IF 1912 " ` 1919 s 1991 By: d,9 vee as O kk�NPsFaa rs rR01A JD ,3q1 � t,N dM � Nor ReneeC. Llewellyn. Assistant Secretary LMS-12973 LMC OCIC WAIC Multl Co 02r21