HomeMy WebLinkAboutJohnson-Davis Incorporated Payment and Performance BondBK: 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 Fifty-eight Thtnisand & 00,100 Dollars ($ 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 10 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:
1. 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
?. 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 tenns 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.
et d'�'
etson of co.�°tavon °�
i0t
to of the use of any p et the CQnttat Dd thmeaves
aU acc con this bond to
anY change �t d � ih they Surety heteb� Yc a
red
ty0 nbht °Cabe e�°h once OS and a�reYsfottY`a��ue�n�°en�,s �°na t pri Contact °t
me wc NOW-C wa o to VOWTO to the Cp°stta
City °a
Abe `�u my byNcc of nOnsutety s °bh chan€�cs °C to . 24
�,d coe do not hankgeo ,nclua� a other Ob�tat�o 2� j
no o� anY utcbascotacts, �U\y CVOVL tc
su onttacts,p 2 �d day °� co, avis\ncotP°ca
be
this ..—�' �ohnsp4 dool
Stsnea and sewed
w��N�SSESt ey'
CCOwp0�p,`pE S�'A
of cot >ca
i���natUcel ��.
ft� and"Cit1e
tint
BY
P'gvcs
�c�cph°ne�o .
se)
C
�r\taty teAU'ted for Onnacto day °�
o bc�Ote fie tits
S otn to an8 subscribed ° pUb>>c ' State
kn0' N ion
D�
cxpite
petsona�\y Nty com�p��,K'�
Or pt0d°cea ident�f�cat�on/\5A\�a1tt
��oue�e CA ass` H22,2�2a
i�ypc of ldendCrca s me notatY pub
tea, tn'ca' °r Stamp
ed co,�miss�$ na
iptin
l3 Y
lilt' 3 1 v:
�KU
Q �Y��N� BONv tin��P • hereina�Gt
e �\
as the City of
utatcci bound to of
Davit\ncom as Sutcry, ate amoum
We }uh�„un company in thG ctot and
,ucancc Ued City, f Conaa
TN\S BOND, n� M�auat in: ca wbctco
ti �ci>z , inaftct min` point\y a'nd
hccc igeG. p\10 � for the Pay and aSScgns. .
nuactor and pb\�)5K .
ea\1cd C0 F\o�da as S JccessoCS
a� tots, No Z,�i1N �TB,
Sebastian.
he�CS, CXUtt)Cs• CpptCBCt, A,
zinc tiu��"�\ tthe\C tnlo �U\y, 20Z
SG\vcs, enterWa�1cd the \o day nt
bind than tccment GciC�ca\\y
Surety within ag ��t, f and sP
\`�s by a �mProVetn act tceteo , and
seveta\\y ntcactot inaw nd made a P utposes o(thcs B
W�hR6AS C0 \a Street pea herein a for the P
d C.ardea lncotP°cared tcfced and
v�o>•e an by cefcrcncc other damages `den
Rcv\cra A Contract ate
which damages, and apPG\\ate
with Ci\y for \tAutdated including
„Contract,. attorney s Fees
covl5`on as the traetoc•. Contract, and
inc\ude P F (1�15 BOND is that if Co" Under thG
(ter te(eaed to uses, cConk actor for a\1 \abot.
'ale d damages, cXPG \tby �55ii51\\ of the
\f\ON0
au
tatutc antic
CNh COND a\\ losses. h4UrdainsbGca0c of de Florida S the �0cm WISE. \1
\. ears Ccty ,s tha�City SUsta de(�ned y
b tot in ,IH 6
uts to la`maQcs ndctcctly SHA�� B� pXaWEVE , �0 �K
pC°CCGd1n� a\\ G
4y makes pay es used acrect\y p8`1GA(\0 �hC ( SU8} not
I' emaenals and C00INCI 0,cE AND EF Contractor and who 1 days
with f°�,y-�cvc l Wot�
civiry of the
SKA\'� R G C`ON� LIONS 1s not nor QUPP1ics ska the pry ecIAion
Fp\ �OW\N tct. who icon.
t a \abo r tGtia\s, or soup cos \ nd (ot PtotGG (ot
ant, exceP (or its \abo , mmatctwx the bo d aymen�
�. A c\arm ay aNcnt ish \ab°r' intends to \pOh to not receive p °f the
.,cd P ancc
teccc beg`n�o actor a n°rice thathG C onttactor and ���� d ys after Pot�a� aGtot and t0°t
abet with
h�tcicshto nmcty \ies, deCcvec e materia
in privity \\ vvithcn r silt' rot of th
who is lies sha " de\iverl
c\atmant nooc Su o(e� (the \abo
b• A macccia\s \ere de\ivory Contrac�oc of thG
its laboc,aher comp c P ,atinst �1 have bccn
Jabot of wtittcn noucc o, nt. be insuwtcd a7 \ 1 and i-
the Surety � d of the nonPay \i+s may condcuons l
\ies an matecia\s, °r s cie ptGcea`ng of the
suPP dot the \ongct5 �\ or
for the \abot stated Un with .U-1
C, N° act\on \css the nok\ees aCcardanGG SGcicon
Succty nn be instc�nted `n ccsctibcd in
,\vela, and must roVlS\°nS P Sin of under the Cpn\CaC1
� Under this 6 �cmitaicons P
Any action Timc change with the Contract
d app\icaye Noic�lo daSetutcs. that any GOnnected
of and agtGwlth any focmah8oad
Section UoUce \iancc dot thls
hereby waves noncomP bhgatwnccn
3 The Sutety and comP\ia�ffcct the SUtcty s °
Dwumcnts Gs dpes not
of the Chang
�K; ram: rssi
23rd day of July
Signed and sealed this
'WITNESSES:
(Secretary)
tCORVORATE SEAL)
IN THE pRESENCE OF'
Nicole Stillings,
Witness
2024
—
CONTRACTOR
Johnson-Davislncorporated
(Name of Corporation)
By=
L�
(5ignat<►re
N me and'1 itle)
� {.c3i�is
Address:
(street)
Boston, MA 02116
(City/StatelZip Code')
Telephone No.:
(617)357-9500
(Notary required for Contractor's Signature)
L�
?-� day of
be me this j,� anis:
ubscribed means by a� s
Sworn to an via electro
either
to person or _ of
the
i7 .�
"._._
personally known 1/
Or produced identification
NOTARY SEAL
pt�ry pettce�r
L 6p, 17811i
Como'swn # H 22, 2026
* *� Expires 1su ry omtl sery
sa � �„e�arnn� stN
'°rFOF Fro
as follows:
..ter
ary-Public State of
expires on:
My Commission _f
20��
as
tiK: 3 / 13 rb: NNN
Bond Number: 016241410
State of Wisconsin
County Of Dane
ACKNOWLEDGEMENT OF SURETY
ss.
On this 23rd day of July
Public, personally appeared
known to me to be the
r 2024 , before me, a Notary
Joshua R. Loftis
Attorney -in -Fact
of
Liberty Mutual Insurance Company r 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 oyqer.
Signat re of Notary Publig Nicole Stillings
My Commission Expires: 09/1912026
(Seal)
NICOLE STILLINGS
NOTARY PUBLIC
STATE OF WISCONSIN
nw s /is ru: wiv
This Power of Attomey 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 stated.
Liberty Liberty Mutual Insurance Company
mutual, The Ohio Casualty Insurance Company Certificate No 8210698 - 190054
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 Slate 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.
0k,trcich, Colby U White. Emily Whitc, Joshua R. I.nRic. Lin Ulvcn, Melinda C. Blodgcll. t1whclle %larrison• Nathan Wanur. Nicole Stilling., R. ('. Ho" man. R. A'.
Frank. Rachel Fbomas. Ross S. ~quires, Sandra NI. Frestmnl, Sancti UmKt.. red,lurgenscn. Fina Unmask
all of the city of 3linncapolis stale of MN each individually if there be more than one named. Its true and lawful attomey-t -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 3lsl day of August 2023
Liberty Mutual Insurance Company
v tNSUq ASV IN9� 1NSu. The Ohio Casualty Insurance Company
P°R+jo'LC� P P°°pPOR+tR9y� �P `I PoR�r 1c West American Insurance Company
° 1912 c 1919 m, 1991 -
d�yR'+CHUSF• aa; �S V 9�af�q '!� 'M —1i, ,da It .41'Vyl /� •� A U
a,T I �Ni . *a 'yM . r� By:
M David M Carey. Assistant Secretary 6
"m State of PENNSYLVANIA
12 of County of MONTGOMERY ss p T
w 6.2 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 8 4)
,_ Tp Company. 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'- a
N22 N therein contained by signing on behalf of the corporations by himself as a duly authorized officer a
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 N
..q� �. aO
O !�'��.�'; ��`,� Communweafth o(Pennsylvania - Noun Seal'.
'eres3 lasarne Naour Publlt B %) •�
,0, 1 1 •\ 'j ucnlgomery County T4/nJ�. /K�i��•/ E
My commissior expires March 28, 2025 y. Xi• -4( 1)
C �. ? / Commisson number 11260"
iy .. ^ V'("�^�., � : ` Memoea Peensy�.ams asaocauan or uoienos Teresa Paslella, Notary Public Q O
fah to
\ti,�'� Oq
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
o Insurance Company and West American Insurance Company which resolutions are now in full force and effect reading as follows lct
d ARTICLE IV - OFFICERS: Section 12, Power of Attorney `o 0
M Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the -p 6
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 suretytoo
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 •v 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 Co ar
Zv 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 attomey-in-fact under the a
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 li a
ARTICLE XIII - Execution of Contracts: Section 5 Surety Bonds and Undertakings.
Any officer of the Company authorized 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, reoognizances 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 shad be as binding as it
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-in-
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 appearing 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
1. 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 whidn 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 I have hereunto set, my harid'ard afixea the seals of said Companies this 23rd day of July 2024
1NSUq tV INS& 1NSUq
j P�JPPO�rOycsM1 vJ �C°aP°r4rR•*y 0+p c°�POR^rq�Cs
Fp C1 Z AO
a( 1912 ppp" ` 1919 C. s 1991
�� WO
6,��b+.Hu9e dL b eK M�xesFda rye xNoue+P +pi By:
941 1t► Renee C Llewellyn. Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 0221