Performance and Payment Bond Doc#2421871 Bk#3230 Pg#557 Electronically Recorded 6/15/2023 at 10:21 AM Pages 6
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: $52.50
5Viefson, -D-roover eT,Associates
Bond l0epartment
Public Works Bond
In compliance with Florida Statutes 255.05(1)(a)
Bond No. 964233474
Contractor LPS Utilities Inc.DBA LPS Contracting
Address 3509 Lily Pond Road,Woodstock,IL 60098
Phone No. (815)337-7220
Surety Company The Ohio Casualty Insurance Company
Address 175 Berkeley Street,Boston,MA 02116
Phone No. (617)357-9500
Owner Name Monroe County Board of County Commissioners
Address 1100 Simonton Street,The Gato Building,Room 2-205,Key
West,FL,33040
Phone No. (305)294-4641
Contract/Project No. N/A
Project Name: Culvert Installation Water Quality Improvement Project
Canal#475,Geiger Key,Key West,Monroe County,Florida
Project Location
Legal Description Monroe County, Florida
and Street Address
Description of Work Construction
Front Page
All other bond page(s)are deemed subsequent to this page regardless
of any page number(s)that may be preprinted thereon.
Doc.#2421871 Page Number: 2 of 6
Bond No. 964233474
Document A312 TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR: SURETY:
(iVarne,legal status and address) (Alame,legal status and principal place ojhusiness)
LPS Utilities, Inc. d/b/a LPS Contracting The Ohio Casualty Insurance Company
175 Berkeley Street This document has important al le
3509 Lily Pond Road pa s
Boston, MA 02116 consequences.Consultation with
Woodstock, IL 60098 Mailing Address for Notices an attorney Is encouraged with
respect to its completion or
175 Berkeley Street modification.
OWNER: Boston, MA 02116 Any singular reference to
(Nance,legal status and address) Contractor,Surety,Owner or
other party shall be considered
N�8sr e Cr un�y Boa o�CorW,t�Gorr nissigr���s plural where applicable.
1 imon on treet, a ato u ding, oom
Key West, FL 33040
CONSTRUCTION CONTRACT
Date: February 15, 2023
Amount:$ 1,600,000.00 One Million Six Hundred Thousand Dollars and 00/100
Description:
name and location)
Culvert Installation Water Quality Improvement Project Canal#475, Geiger Key, Key West, Monroe County, Florida
BOND
Date: May 11, 2023
(Not earlier than Constrtuction Contract Date)
Amount:S 1,600,000.00 One Million Six Hundred Thousand Dollars and 00/100
Modifications to this Bond: ® None Sec Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
LPS Utilities, Inc. d/b/a LPS Contracting The Ohio Casual Insurance Company
Signature. Signature: '/
Name �P�P► W i6on Name Jarrett Merlucei
and't7tle: and Titte: Attorney-in-Fact
�ces�den�
(Any additional signatures appear on the last page ojthis Petformance Bond)
(FOR INFORAL4770N ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Nielson, Hoover&Associates (Architect,Engineer or other party.)
15050 NW 79th Court WOOD Environment&Infrastructure Solutions, Inc.
Miami Lakes, FL 33016 5845 NW 158th Street
Miami Lakes, FL 33014
305-722-2663
Doc.#2421871 Page Number: 3 of 6
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owncr to
pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,
subject to the following terns.
§2 if the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,
demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold
harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§6.1 Claimants,who do not have a direct contract with the Contractor,
.1 have fumished a written notice ofnon-payment to the Contractor,stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were,or equipment was,fumished or supplied or for whom the labor was done or
performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;
and
.2 have sent a Claim to the Surety(at the address described in Section I3).
§5.2 Claimants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in
Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation
to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's
expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are
undisputed and the basis for challenging any amounts that arc disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement,
if,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§4 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,
and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims,if any,under any construction performance bond.By the Contractor famishing and the Owner accepting this Bond,they agree
that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. .
8-2149/AS 8/10
Doc.#2421871 Page Number: 4 of 6
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no
obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 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.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the
project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph arc void
or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received.
§14 When this Bond has been firmished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of.this Bond,the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the
performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of die
Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent
of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline,
telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the
labor,materials or equipment were furnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and all changes made to the agreement and the Contract Documents.
S-2149JAS 8110
Doc.#2421871 Page Number: 5 of 6
§16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
The provisions and limitations of Section 255.05 Florida Statutes.
including but not limited to the notice and time limitations in
Sections 255.05(2)and 255.05(10) are incorporated in this bond
by reference.
(Space is provided below for additional signatures of added parties,other than those appearing on the covey-page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
S-2149/AS 8/10
Doc.#2421871 Page Number: 6 of 6
This Power of Attorney limits the ads of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
- Lib erty Liberty Mutual Insurance Company
Mutual® The Ohio Casualty Insurance Company Certificate No: 8205265-964011
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, Charles D
Nielson.Charles J.Nielson,David R.Iloover,Jarrett Merlucci,Shawn A.Burton
all of the city of Miami Lakes state of FL each individually d there be more than one named,its true and lawful attomey-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 12th day of April 2021
Liberty Mutual Insurance Company
The Ohio
Insurance
°tu/O�yn yJP01 ooaPo�Ly&R9y `Q'�oaao�sr4�� West American InsuranceCompany
any
J 3 For ci Q 3 FO C+ � a V_-
f 1912 0 0 1919 7 1991 0
o /e ui E=
rd�9Ss4cNus .aa o b,rvs�,aL rp 'q'ouNP ,orb T�'7 L_ U
X/I _7 =y M
M David M.Carey,Assistant Secretary
M State of PENNSYLVANIA
go)) rn County of MONTGOMERY ss o E
w S On this 12th day of April 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance aa)
�p 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.75 >
a)73 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsyrvania,on the day and year first above written.
a0
o
CommonweaM d PerxrsyMania-Notary Seal ]�
0 i Tema Paste na.Notary Public a)
Montgomery county
O My commission expires March 28,2025 By: O
M Commission number 1126044
Member.Permylvania Ass non or Notaries Teresa PasteNa,Notary Public Q o
O p
1__ This Power of Attorney is made and executed pursuant to and by authority of the following By laaass and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3
Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r0
N 00
ARTICLEIV—OFFICERS:Section 12.Power of Attorney. o
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
President may prescribe,shall appoint such attorneys-m-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety C
C: any and all undertakings,bands,recognizances and other surety obligations.Such attorteys-ir>-fact,subject to the limitations set forth in their respective powers of attorney,shall-a L
o 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� N
Z v instruments shall be as binding as 6 signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-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. T
ri
ARTICLE All—Execution of Contracts:Section 5.Surety Bands and Undertakings. Q
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 attomeys-in-fact subject to the limitations set forth in their respective powers of attomey,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 attomeys-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 it 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 1 I th day of May 2023
1NSU 'SY INS& a 1NSup
�Jp'`oaro�r�y� gAPooar°`4r�gy `+P ZC - ..
1912 Q " 1919 1991 0
0 c -
2 v o Q By.
�j19s34CHU`'�r�a SO�'Hq ws�eta YS NDIANP' ,aa Renee C.Llewellyn,Assistant Secretary
ry
LMS-12873 LMIC OCIC WAIC Multi Co 0221
Doc#2421907 Bk#3230 Pg#651 Electronically Recorded 6/15/2023 at 11:40 AM Pages 6
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: $52.50
�VieCson, �foover Associates
Bond Department
Public Works Bond
In compliance with Florida Statutes 255.05(1)(a)
Bond No. 964233474
Contractor LPS Utilities Inc.DBA LPS Contracting
Address 3509 Lily Pond Road,Woodstock,IL 60098
Phone No. (815)337-7220
Surety Company
The Ohio Casualty Insurance Company
Address 175 Berkeley Street,Boston,MA 02116
Phone No. (617)357-9500
Owner Name
Monroe County Board of County Commissioners
Address 1100 Simonton Street,The Gato Building,Room 2-205,Key
West,FL,33040
Phone No. (305)294-4641
Contract/Project No. N/A
Culvert Installation Water Quality Improvement Project
Canal 4475,Geiger Key,Key
Project Name: West,Monroe County,Florida
Project Location Monroe County, Florida
Legal Description
and Street Address
Description of Work Construction
Front Page a regardless
All other bond page(s)are deemed subsequent to this page
of any page numbers)that may be preprinted thereon.
Doc.#2421907 Page Number: 2 of 6
Bond No. 964233474
Document A312TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR: SURETY:
(A'ame,legal status and address) (Nance,legal status and principal place of business)
LPS Utilities, Inc. d/b/a LPS Contracting The Ohio Casualty Insurance Company
3509 Lily Pond Road 175 Berkeley Street This document has important legal
Boston, MA 02116 consequences.Consultation with
Woodstock, IL 60098 Mailing Address for!Notices an attorney is encouraged with
respect to its completion or
175 Berkeley Street modification.
OWNER: Any singular reference to
(Yance,legal status and address) Boston, MA 02116 Contractor,Surety,Owner or
g dd��ff CC other party shall be considered
ly�c�rc�e Col{ntxtreet,TheoG�afX Buiingsoom plural where applicable.
II II imon o
2-205
Key West, FL 33040
CONSTRUCTION CONTRACT
Date: February 15, 2023
Amount:$1,600,000.00 One Million Six Hundred Thousand Dollars and 00/100
Description:
(Nance and location)
Culvert Installation Water Quality Improvement Project Canal#475, Geiger Key, Key West, Monroe County, Florida
BOND
Date: May 11, 2023
(Not earlier than Construction Contract Date)
Amount:$1,600,000.00 One Million Six Hundred Thousand Dollars and 00/100
Modifications to this Bond: F1 None ® See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
LPS Utilities, Inc. d/b/a LPS Contracting The Ohio Casual Sur nce Company
Signature: ^' Signature:
Name eAn;F -r- (�;/ Namo Jarrett Merlucci
and Title: rreSi. r"%1'- and Title: Attorney-in-Fact
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORiIMTION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Nielson, Hoover&Associates (Architect,Engineer orotherpari))
15050 NW 79th Court WOOD Environment&Infrastructure Solutions, Inc.
5845 NW 158th Street
Miami Lakes, FL 33016
Miami Lakes, FL 33014
305-722-2663
Doc.#2421907 Page Number: 3 of 6
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to
pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,
subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,
demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner tinder this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or
the Ownces property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold
harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§6.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or
performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;
and
.2 have sent a Claim to the Surety(at the address described in Section I3).
§6.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in
Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation
to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's
expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)clays ufter receipt of the Claim,stating the amounts that are
undisputed and the basis for challenging any amounts that arc disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§q.The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,
and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree
that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond,subject to the Ownees priority to use the funds for the completion of the work. .
S-2149/AS 8/10
Doc.#2421907 Page Number: 4 of 6
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
5-1852/AS 8110
Doc.#2421907 Page Number: 5 of 6
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no
obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 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.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the
project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph arc void
or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of.this Bond,the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a mi dinum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the
performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the
Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent
of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline,
telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the
labor,materials or equipment were furnished.
§16.3 Construction Contract The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and all changes made to the agreement and the Contract Documents.
S-2149/AS 8/10
Doc.#2421907 Page Number: 6 of 6
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 stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8205265-964011
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, Charles D.
Nielson,Charles J.Nielson,David R.Hoover,Jarrett Merlucci,Shawn A.Burton
all of the city of Miami lakes state of Fl- each individually if there be more than one named,its true and lawful attomey-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"d 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 12th day of April 2021
Liberty Mutual Insurance Company
P�1NSU� POSY INS& rNSUR4 The Ohio Casualty Insurance Company
J 3`°aPO�TFoym Q 3`DaPO'4ro�yC, Pr 0.- —�y� West American Insurance Company
1912 0 0 1919 � 1991
�rn r> " i Zm �� o a 0 ui E
d�sagc�sa.pa O 4hai.PS�dD ds 4rouNP as ��'�7 a) O
By:
* 1 • t M * 1 Co
m David M.Carey,Assistant Secretary a7
m State of PENNSYLVANIA 3
m = County of MONTGOMERY o E
3 On this 12th day of April 2021 before me personally appeared David M.Carey,who admowthdged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 aa))
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
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >of
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.
aO
f m
O ` f CammonaeaYh of Penmyhania-Notary Seal
Teresa PasleRa.Notary Pub Q)•—
My co e%pi March 28.2025 By: 0 (3)
canw imsw number 1126044
Teresa Pastella,No Public Q `o
Member,Pennsylvania A55oaaGon Of Notaries O O
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 C4
Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 M
a ARTICLE IV-OFFICERS:Section 12.Power of Attomey. 00
o An officer or other official of the Corporation authorized for that u writing y I o 6
y rp purpose in writi b the Chairman or the President,and subject to such limitation as the Chairman or the-a President may prescribe,shall ant such attiorne n-facL as be to act in behalf of the t°y p appoint ysa may necessary Corporation to make,execute,seal,acknowledge and deliver as surety m—
(T1 C any and all undertakings,bands,recognizances and other surely obligations_Such attaneys4n-fact,subject to the imitations set forth m thei respective powers of attorney,shall-o co
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)
Z 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-2 M
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. o Q
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 imitations as the chairman or the president may prescribe,
shall appoint such attomeys-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 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 attomeys-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 I I th day of May 2023
Pv INSU� P�1Y INS& \NSLI .. :...
`°�O�To F QJ`p0.PorsyJ qyC' VP=°vtPOR4 ,
g 0 ..
Y ; 1912 � 0 0 1919 � 1991 0
_ 4� o Q
By:Yp)99B'a-0 .da hgrpPs`r aD YS *DJAV&' 'dam
5` Renee C.Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIC Mufti Co 02121