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Original Preformance & Payment Bonds Bond No. 016234013 COMMON LAW PERFORMANCE BOND BY THIS BOND, know that Johnson-Davis Incorporated as Principal, herewith called [CONTRACTOR], Business Address 604 Hillbrath Drive, Lantana,FL 33462 Business Phone (561)588-1170 , and , as Liberty Mutual Insurance Company , hereinafter called SURETY, Surety Address 175 Berkeley Street,Boston,MA 02116 , Surety Phone Number (617)357-9500 , are bound to City of Okeechobee, as Obligee, herein called CITY, in the amount of One Hundred Ninety Thousand 800/100 Dollars ($ 190,000.00 ) for payment of which CONTRACTOR and SURETY bind themselves, their heirs, personal representatives, executors, administrators, successors and assigns, jointly and severally, with reference to a written CONTRACT entered into by CONTRACTOR and CITY, for the following: Contract Number: PW 04-10-05-23 Contract Title: CITY OF OKEECHOBEE SE 4TH STREET DRAINAGE IMPROVEMENTS, FDEP GRANT AGREEMENT LPQ0007 General Description of Project: The Contractor shall furnish all labor and materials necessary to perform the hydrodynamic separator installation, as shown on the plans in Okeechobee, Florida. The project shall include all piping, fittings, accessories and appurtenances, site restoration for all work, temporary provisions to maintain functionality of the drainage system, all testing, removal of the existing piping as specified, compliance with permit conditions, bypass pumping for stormwater mains, maintenance of traffic in accordance with City standards, and any other items as described in these documents to provide a complete and functional system. Directions: THE CONDITION OF THIS BOND is that if the [CONTRACTOR]: 1. Performs said contract in accordance with its terms and conditions; and 2. Pays CITY all losses, damages (direct and consequential including delay or liquidated damages), expenses, costs, and attorney's fees, including appellate proceedings, that CITY sustains because of a default by CONTRACTOR under the CONTRACT; and 3. Pays CITY any and all other amounts due CITY by CONTRACTOR because of a default by CONTRACTOR under the CONTRACT; and 4. Performs the warranty, extended warranty and 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. If there is no CITY default, the SURETY's OBLIGATIONS UNDER THIS BOND shall arise after SURETY has received notice of CITY's declaration of default of CONTRACTOR in accordance with the terms and conditions of the CONTRACT (including notice and cure periods), so that within 20 days of CITY's declaration of CONTRACTOR's default, SURETY shall either (1) arrange for the CONTRACTOR, with the written consent of the CITY, to timely perform and complete the contract or (2) undertake to timely perform and complete the contract either by retaining another contractor approved by the CITY or undertaking to do the contract itself. SURETY shall be liable for any and all delays caused by the CONTRACTOR, SURETY, and/or the replacement contractor(s) provided by the SURETY. SURETY's failure to take such action shall be deemed to be a default on this Bond, thus entitling the CITY to complete the contract with another contractor and recover all resulting damages, including, but not limited to, all direct and consequential damages including delay or liquidated damages, engineering and architectural fees, as well as any and all legal costs and attorney's fees. City of Okeechobee Project No. PW 04-10-05-23 Public Works Department 18 Any changes in or under the Contract Documents do not affect the Surety's obligation under this bond. Surety hereby waives notice of any alteration or extension of time made by the Owner. Any suit under this bond must be initiated before the expiration of the limitation period applicable under Florida Statutes. IN WITNESS WHEREOF, this instrument is executed this 24 day of July , 2023 . WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed and delivered in the presence of: By: By: (Witness) Individual Principal WHEN THE PRINCIPAL OPERATES UNDER A TRADE NAME: Signed and delivered in the presence of: By: By: (Witness) Signature of Individual By: (Witness) WHEN A PARTNERSHIP: Signed and delivered in the presence of: By: By: (Witness) Partner By: (Witness) WHEN THE PRINCIPAL IS A CORPORATION: ATTEST: Johnson-Davis'l�corporated By: (Type Corporate Principaj Name) President ,/ By: A (Secretary) SURETY: ATTEST: (Surety Seal) n/a Liberty Mutual Insurance Company By: (Type Corporate Surety Name) SURETY By: See Attached Power of Attorney (Secretary) City of Okeechobee Project No. PW 04-10-05-23 Public Works Department 19 ATTORNEY-I -FACT By: Name Joshua R. Loftis NOTE 1 . .rdtjr ha rovide evidence of signature authority, i.e., a certified copy of Power of Attorne . IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida. ATTACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. The Common Law Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. City of Okeechobee Project No. PW 04-10-05-23 Public Works Department 20 This Power of Attorney limits the acts of those named herein,and they have no authority to h bind the Company except in the manner and to the extent herein stated. °�° % Liberty h�{ Liberty Mutual Insurance Company r/ y !!`lutual. The Ohio Casualty Insurance Company Certificate No:8207173-190054 West American Insurance Company SURETY 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. Oestreich;C.White;Emily White;Joshua R.Loftis;Lin Ulven;Melinda C.Blodgett;Nathan Weaver;Nicole Stillings;R.C.Bowman;R.W.Frank;Rachel Thomas; Ross S.Squires;Sandra M.Engstrum;Ted Jorgensen;Tina L.Domask all of the city of Minneapolis state 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 24th day of January , 2022 . Liberty Mutual Insurance Company Pv iN3Uhi4 Q.. INs� N tnsu� The Ohio Casualty Insurance Company j �o0.vO�;/-1�,� �,$4oa"'k4r'Ply� G?r.o�ORgr +'0 West American Insurance Company $! I n w 1991• d o7er S—* t,,x ��.1 A 0 -,14 x 0 By: .- tti• m David M.Carey,Assistant Secretary c w to State of PENNSYLVANIA ss E) op County of MONTGOMERY o -, z On this 24th day of January , 2022 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance c3 2 > 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 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >0 =To. ce .0 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. c•o- oi_ _ ` Q4'„t,c3rsw4• F{ Commonwealth of Pennsylvania-Notary Seal >i Av. or" $c',. { Teresa Pastella;Wary Public N'— C O f[i 0. �" 4 � � Montgomery County ` o.a) t F My commission wires Maid 28,2625 By: O d @ °x Commission number 1128644 �.- eresa Pastella,NotaryPublic Q o ' '�'.q4J Member.Pennsylvania Asscciat on of Netanes O O mu) ‘94fiy N `N .t w 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 3 o? c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: d ev w ARTICLE IV—OFFICERS:Section 12.Power of Attorney. `o 0 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-a :12 t co President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m- as c 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 a .• Lhave 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 o a> ZL) 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 co 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. ti 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,recognizances and other surety obligations.Such attorneys-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 shall 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 attorneys-in- fact 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 force 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 which 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 hand and affixed the seals of said Companies this 24th day of July 2023 ,1NSU ,SY INSV N oisu Rq p ,� Rq s 1912a o 1919 Q 1991 n .` a ao By:V4a9 %y%- * a,p ��cus ',Ayesa r 'h oima Renee C.Llewe llyn,Assistant Secretary* ta °,k* t48 * l *LMS-12873 LMIC OCIC WAIC Multi Co 02/21 Bond No. 016234013 STATUTORY PAYMENT BOND BY THIS BOND, know that Johnson-Davis Incorporated as Principal, herewith called [CONTRACTOR], Business Address 604 Hillbrath Drive,Lantana,FL 33462 Business Phone (561)588-1170 , and as Liberty Mutual Insurance Company , hereinafter called SURETY, Surety Address 175 Berkeley Street,Boston,MA 02116 Surety Phone Number (617)357-9500 , are bound to City of Okeechobee, as Obligee, herein called CITY, in the amount of One Hundred Ninety Thousand&00/100 Dollars ($190,000.00 ) for payment of which CONTRACTOR and SURETY bind themselves, their heirs, personal representatives, executors, administrators, successors and assigns, jointly and severally, with reference to a written CONTRACT entered into by CONTRACTOR and CITY, for the following: Contract Number: PW 04-10-05-23 Contract Title: CITY OF OKEECHOBEE SE 4TH STREET DRAINAGE IMPROVEMENTS, FDEP GRANT AGREEMENT LPQ0007 General Description of Project: The Contractor shall furnish all labor and materials necessary to perform the hydrodynamic separator installation, as shown on the plans in Okeechobee, Florida. The project shall include all piping, fittings, accessories and appurtenances, site restoration for all work, temporary provisions to maintain functionality of the drainage system, all testing, removal of the existing piping as specified, compliance with permit conditions, bypass pumping for stormwater mains, maintenance of traffic in accordance with City standards, and any other items as described in these documents to provide a complete and functional system. Directions: THE CONDITION OF THIS BOND is that if the [CONTRACTOR]: Promptly makes payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying CONTRACTOR with labor, material, or supplies, used directly or indirectly by CONTRACTOR in the prosecution of the work provided for in the contract; THEN THIS BOND IS VOID, OTHERWISE, IT REMAINS IN FULL FORCE. Any changes in or under the Contract Documents and compliance or noncompliance with formalities, connected with the CONTRACT or with the changes, do not affect Surety's obligation under this bond. Surety hereby waives notice of any alteration or extension of time made by the CITY. Claimants must comply with notice requirements set forth in Section 255.05(2), Florida Statutes. No action shall be instituted against the CONTRACTOR or Surety under this bond after one (1) year from the performance of the labor or completion of the delivery of the materials or supplies. IN WITNESS WHEREOF, this instrument is executed this the 24th day of July , 2023 WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed and delivered in the presence of: By: By: (Witness) (Individual Principal) City of Okeechobee Project No. PW 04-10-05-23 Public Works Department 21 WHEN THE PRINCIPAL OPERATES UNDER A TRADE NAME: Signed and delivered in the presence of: By: By: (Witness) Signature of Individual By: (Witness) WHEN A PARTNERSHIP: Signed and delivered in the presence of: By: By: (Witness) Partner By: (Witness) WHEN THE PRINCIPAL IS A CORPORATION: ATTEST: Johnson-Davis ncorporated By: (Type Corpo rinc. I Name) President By: (Secretary) SURETY: ATTEST: (Surety Seal) n/a Liberty Mutual Insurance Company B v: (Type Corporate Surety Name) SURETY By: See Attached Power of Attorney 1200 South Pine Island Road,Plantation,FL 33324 (Secretary) (Type Florida Address for Service of Process) ATTORNE - N-F CT By: Name Joshua R. Loftis NOTE 1: Surety shall provide evidence of signature authority, i.e., a certified copy of Power of Attorney. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida. ATTACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. The Common Law Performance Bond and the Statutory Payment Bond and the covered amounts of each are separate and distinct from each other. City of Okeechobee Project No. PW 04-10-05-23 Public Works Department 22 This Power of Attorney limits the acts of those named herein,and they have no authority to or- "" bind the Company except in the manner and to the extent herein stated. L Vw.,,1 , Liberty Liberty Mutual Insurance Company /,;IPA mutual The Ohio Casualty Insurance Company Certificate No:8207173-190054 West American Insurance Company SURETY 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. Oestreich;C.White;Emily White;Joshua R.Loftis;Lin Ulven;Melinda C.Blodgett;Nathan Weaver;Nicole Stillings;R.C.Bowman;R.W.Frank;Rachel Thomas; Ross S.Squires;Sandra M.Engstrum;Ted Jorgensen;Tina L.Domask all of the city of Minneapolis state 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 24th day of January , 2022 . Liberty Mutual Insurance Company P�'wsu'ev P,, i IMe, N ►Nsu. The Ohio Casualty Insurance Company sE~?`o look,"74,a oaP0 ." yj q?�og"ki 9o4' West American Insurance Company 1912 0 0 1919 1 1991 0 N v.9 4. ya (r p d. O 4/r/ 7 rA0 ) 4 aoacMo#-db O T{�AM4g�a, 'eA *ND iwNP' .aa •= U .. ; c yz 7 * y d 3yl * 1•� 44t * f.• B y: .30. a r as David M.Carey,Assistant Secretary c co State of PENNSYLVANIA •— = 2 rn County of MONTGOMERY sso 6 U O o , On this 24th day of January 2022 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance� a)m 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 = a1 > a> _ therein contained bysigning nin on behalf of the corporations byhimself as a dulyauthorized officer. 9 9 rP >ce IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O c.w 110 03 p,0 1— I5 A ?' 4;++ H W,c p commonwealth of Pen n syrvanie-Notwy Seal &i or. T� Teresa Pastel's,Notary Public MyconexpiresMaith28,2025 By: LieiZci O d i/C C e�• Cammissirxi number 1126944 N ifi1SteMit' . Member.PenneylrmieAsa-ciaton of Wanes eresa Pastella,Notary Public Q o0 cm 0 co a) ON a? 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 3 00 o•g Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: a M 6 ARTICLE IV—OFFICERS:Section 12.Power of Attorney. o• 0 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 v,- :2 a President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety ai= co c> 2any 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 c 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 o a) Z0i 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 c as 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. t8 a 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,recognizances and other surety obligations.Such attorneys-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 shall 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 attorneys-in- fact 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 force 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 which 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 hand and affixed the seals of said Companies this 24th day of July 2023 {Ns(/A- VZY 1MyU INSUp- �..> FFow,'yP y`�P�aaror�r'Pgy `VP�tePON;V++ 3 gate cr = Fon � � o fn 1912 s 0 1919 : a 1991 C1 '" : � o •. B • vig:o secNo#4tl a s5 -x�rfpse'�D� dd, *m.o. D Y Renee C,Llewellyn,Assistant Secretary 8j7 * N� •114 * 1` Ott * } Y LMS-12873 LMIC OCIC WAIC Multi Co 02/21 AFFIDAVIT FOR SURETY COMPANY To be submitted with Performance & Payment Bond TO: City of Okeechobee RE: CONTRACT NUMBER: PW 04-10-05-23 CONTRACT TITLE: CITY OF OKEECHOBEE SE 4T" STREET DRAINAGE IMPROVEMENTS, FDEP GRANT AGREEMENT LPQ0007 CONTRACTOR: Name: Johnson-Davis Incorporated Address: 604 Hillbrath Drive,Lantana,FL 33462 Telephone: (561)588-1170 AMOUNT OF BOND: $190,000.00 SURETY COMPANY: Name: Liberty Mutual Insurance Company Address: 175 Berkeley Street,Boston,MA 02116 Telephone: (617)357-9500 Email address: Lynne.Rogers@LibertyMutual.com BEFORE ME, the undersigned authority, personally appeared the AFFIANT, who being duly sworn and says: (1) He/She is Attorney-in-Fact of the Surety Company; (Officership) (2) In accordance with Section 287.0935, Florida Statutes, the Surety Company fulfills each of the following provisions: a) The Surety Company is licensed to do business in the State of Florida; b) The Surety Company holds a certificate of authority authorizing it to write surety bonds in Florida; c) The Surety Company has twice the minimum surplus and capital required by the Florida Insurance code at the time the invitation to bid is issued; d) The Surety Company is otherwise in compliance with the provisions of the Florida Insurance Code; and e) The Surety Company holds a currently valid certificate of authority issued by the United Stated Department of Treasury under 31 U.S.C. ss. 9304 to 9308. City of Okeechobee Project No. PW 04-10-05-23 Public Works Department 23 FURTHER AFFIANT SAYETH NOT. July 24,2023 Dated Signed Signature of AFFIANT (Officer of Surety Company) Attorney-in-Fact Title of AFFIANT STATE OF Wisconsin COUNTY OF Dane The foregoing instrument was acknowledged before me by means of X physical presence or ❑ online notarization, this 24th day of July , 20 23 , by Joshua R.Loftis , who is personally known to me Of- tree --- as iderrtificattorr./ E ST/� ,, ` ok- �---- /A,,,,, Not ry Public ignature % cS1 Commission No. OTAR ' y I , Nam• #%BL\ • G •",,,,oIp w ,`SG ``,%,. City of Okeechobee Project No. PW 04-10-05-23 Public Works Department 24