Contract 2022-009A.1INSTRUMENT #2022022040
OR BK 5897 PG 2063 - 2069 (7 PGS)
DATE: 2/16/2022 9:08:24 AM
SECTION — GARY J. COONEY, CLERK OF THE CIRCUIT COURT
AND COMPTROLLER, LAKE COUNTY, FLORIDA
BONDS RECORDING FEES $61.00
PERFORMANCE BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH LABOR AND MATERIAL PAYMENT BOND
IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE
OF THE CONTRACT.
Bond No.: 2328745
KNOW ALL MEN BY THESE PRESENTS:
;o Johnson - Laux Construction, LLC
650 Garden Commerce Parkway, Suite 100, Winter Garden, FL 34787 (407) 770-2180
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and North American Specialty Insurance Company
1200 Main Street, Ste 800, Kansas City, MO 64105 (816) 235-3700
(Full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont, as
Obligee, hereinafter called OWNER, in the amount of:
Thirteen Million Five Hundred Ninety-one Thousand Eight Hundred Seventy-eight And No/100
(Dollar Amount in Words)
(S13,591,878.00 ]
(Dollar Amount in Numbers)
(Sum equal to 110 percent of Contract amount) for the payment whereof CONTRACTOR and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
CONTRACTOR has by written Agreement dated February8, 2022 , entered into a Contract
with OWNER for: Agreement No. 2022-009, Construction of in accordance with Drawings and
Public os cl IS Specifications pepae ynBentley Architects Engineers eers for the OWNER, which
contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR
shall promptly and faithfully perform said Contract, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the OWNER.
Whenever CONTRACTOR shall be, and declared by OWNER to be in default under the Contract,
the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly
remedy the default, in accordance with Section 255.05, Florida Statutes, or shall promptly,
*City of Clermont RFB No: 22-002 ** Job Located at 12838 Hancock Road,
685 West Montrose Street, Clermont, FL 34711 Page 43 of 64 Clermont, FL 34711
(352)394-4081
' SECTION — J
BONDS
1.) Complete the Contract in accordance with its terms and conditions or within sixty (60)
calendar days.
2.) Obtain a bid or bids for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsible bidder, or if the
OWNER elects, upon determination by the OWNER and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and OWNER, 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 term "balance of the
Contract price," as used in this paragraph, shall mean the total amount payable by
OWNER to CONTRACTOR under the Contract and any amendments thereto, less the
amount properly paid by OWNER to CONTRACTOR.
3.) Upon termination of the Contract by the OWNER due to the CONTRACTOR'S failure to
perform under the conditions herein set forth in the Contract, the OWNER may without
prejudice to any right or remedy and after giving the CONTRACTOR and his Surety if any,
seven (7) days written notice, terminate the employment of the CONTRACTOR, and take
possession of the site and all of the materials, equipment, tools, construction equipment,
and machinery thereon owned by the CONTRACTOR and may finish the work by
whatever method he may deem expedient. In such case the CONTRACTOR shall not be
entitled to receive any further payment until the work is finished.
4.) A claimant, except a laborer, who is not in privity with the Principal and who has not
received payment for his labor, materials or supplies shall, within 45 days after beginning
to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal
with a notice that he intends to look to the bond for protection, and
5.) A claimant who is not in privity with the Principal and who has not received payment for
his labor, materials, or supplies shall, within 90 days after performance of the labor or after
complete delivery of materials or supplies, deliver to the Principal and to the Surety written
notice of the performance of the labor or delivery of the materials or supplies and of the
nonpayment.
6.) Other than a suit by OWNER, no action shall be instituted against the Principal or the
Surety on the bond after one (1) year from the performance of the labor or completion of
delivery of the materials or supplies.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the OWNER named herein or the heirs, executors, administrators or successors of the
OWNER.
RFB No: 22-002
Page 44 of 64
SECTION - J
BONDS
THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS 11th. DAY
OF February 202 2 lk r C
a
0
Johnson - Ifau Construction, I-LbL +
(Principal) % (Seal);
(Witness)+R r
tif�� 'bo°os•°� .
By:
(Ma ual
-Nl _ i"I&C)I u
(Title)
North American Specialty Insurance Company
(Surety) (Seal)
f
(Witn ss)
By. NIA
(Manual Signature)
1A
((Title
C
( dent A s Attorney- - rll L. LIV
Ir
(Witness)
Guignard Company
Address
1904 Boothe Circle, Longwood, FL 32750
,C`'j6,Qs-s �4 rf�lrrrf�i
(407) 834-0022
(Telephone Number)NO
'4: ti , l°•°�7� ?�
Power of Attorney attached hereon: Dated February 11, 2022 t c3., oa
iY
RFB No: 22-002
Page 45 of 64
SECTION — J
BONDS
LABOR AND MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH THE PERFORMANCE BOND IN FAVOR OF
THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE
CONTRACT.
Bond No.: 2328745
KNOW ALL MEN BY THESE PRESENTS: That
Johnson - Laux Construction, LLC
650 Garden Commerce Parkway, Suite 100, Winter Garden, FL 34787 (407) 770-2180
(Full name and address or legal title of CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and North American Specialty Insurance Company
1200 Main Street, Ste 800, Kansas City, MO 64105 (816) 235-3700
(Full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont as
Obligee, hereinafter called OWNER, in the amount of:
Thirteen Million Five Hundred Ninety-one Thousand Eight Hundred Seventy-eight And No/100
(Dollar Amount in Words)
$ 13.591 878.00 ]
(Dollar Amount in Numbers)
(Sum equal to 110 percent of Contract amount) for the payment whereof CONTRACTOR and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Principal has by written Agreement dated February 8, 2022 entered into a Contract with
OWNER for the construction of **
Specifications prepared by Bentley Architects for
referred to as the Contract. Engineers
in accordance with Drawings and
the OWNER, which contract is hereinafter
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall
promptly make payment to all claimants as hereinafter defined, for all labor and materials used or
reasonably required for use in the performance of the Contract, then this obligation shall be void;
otherwise it shall remain in full force and effect, subject, however to the following conditions in
accordance with Section 255.05, Florida Statutes:
1.) A claimant is defined as one having a direct contract with the Principal or with a
subcontractor of the Principal for labor, material, or both, used or reasonably required for
use in the performance of the Contract, labor and material being construed to include that
part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract.
*City of Clermont RFB No: 22-002
685 West Montrose Street, Clermont, FL 34711 Page 46 of 64
(352) 3944081
**Agreement No. 2022-009, Construction of Public
Works Operations Facility, Job Located at 12838
Hancock Road, Clermont, FL 34711
SECTION — J
_ BONDS
2.) The above -named Principal and Surety hereby jointly and severally agree with the
OWNER that every claimant as herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after the date on which he last of such claimant's
work or labor was done or performed, or materials were furnished by such claimant, may
sue on this bond for the use of such claimant, prosecute the suit to final judgment for such
sum or sums as may be justly due claimant, and have execution thereon. The OWNER
shall not be liable for the payment of any costs or expenses of any such suit.
3.) Other than the OWNER, no suit or action shall be commenced hereunder by any claimant:
a.) Unless claimant, other than one having a direct contract with the Principal shall
have given written notice to any two of the following: The Principal, the OWNER,
or the Surety above named, within ninety (90) days after such claimant did or
performed the last of the work or labor, or furnished the last of the materials for
which said claim is made, stating with substantial accuracy the amount claimed
and the name of the party to whom the materials were furnished, or for whom the
work or labor was done or performed. Such notice shall be served by mailing the
same by registered mail or certified mail, postage prepaid, in an envelope
addressed to the Principal, OWNER or Surety, at any place where an office is
regularly maintained for the transaction of business, or served in any manner in
which legal process may be served in the state in which the aforesaid project is
located, save that such service need not be made by a public officer.
b.) After the expiration of one (1) year following the date on which Principal ceased
work on said Contract, it being understood, however, that if any limitation
embodied in this bond is prohibited by any law controlling the construction hereof
such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
c.) Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is situated,
or in the United States District Court for the district in which the Project, or any part
thereof, is situated, and not elsewhere.
d.) A claimant, except a laborer, who is not in privity with the Principal and who has
not received payment for his labor, materials or supplies shall, within 45 days after
beginning to furnish labor, materials or supplies for the prosecution of the work,
furnish the Principal with a notice that he intends to look to the bond for protection,
and
e.) A claimant who is not in privity with the Principal and who has not received payment
for his labor, materials or supplies shall, within 90 days after performance of the
labor or after complete delivery of materials or supplies, deliver to the Principal and
to the Surety written notice of the performance of the labor or delivery of the
materials or supplies and of the nonpayment.
RFB No: 22-002
Page 47 of 64
SECTION — J
BONDS
f.) No action shall be instituted against the Principal or the Surety on the bond after
one (1) year from the performance of the labor or completion of delivery of the
materials or supplies.
The amount of this bond shall be reduced by and to the extent of a payment or payments made
in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed,
or record against said improvement whether or not claim for the amount of such lien be presente.
�"
under and against this bond. " _r.,,, 44;,,
a
THE FOREGOING LABOR AND MATERIAL PAYMENT BOND WAS SIGNED ley�€'A�ED_
THIS 11th 'DAY OF February 202X.2 o�
�-r 0 rcT .
xa
� O cwt
Johnson - Laux C structio�, LI-0,%,,_ '�
n (Principal) (Seal} , °° w 5 `
I � l
i
(witness)
By:
(Witne s)
(Witness)
Power of Attorney attached hereon:
(Manual Signaturb)
_ t S
(Title)
North American Specialty Insurance Company
(Surety) (Seal)
By. N/A
(Manual Signature)
itl
e ent as Attorney -in -Fact) Aively
Guignard Company
1904 Boothe Circle, Longwood, FL 32750
5407'i 834-0022 , e
(Address)
Dated February 11, 2022:m;a
a `-
u
END OF SECTION — J
RFB No: 22-002
Page 48 of 64
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing
under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International
Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City
of Kansas City, Missouri and Westport Insurance Corporation, or anized under the laws of the State of Missouri, and having its principal office in
the City of Kansas City, Missouri, each does hereby make constitute and appoint:
J.W. GUIGNARD, BRYCE R. GUIGNARD, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L. HINDLEY, MARGIE L. MORRIS,
DEBORAH ANN MURRAY, M. GARY FRANCIS, CHRISTINE MORTON, KELLY PHELAN, and ALLYSON FOSS WING JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: . TWO HUNDRED MILLION ($200,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
By 5q1C--;2
Steven P. Anderson, Senior Vice President of Washington International Insurance Company
& Senior Vice President of North American Specialty Insurance Company
& Senior Vice President of Westport Insurance Corporation
By
Erik Janssens, Senior Vice President of Washington International Insurance Company
m aemor vice rresraent of Morin amencan apecuuty insurance company
& Senior Vice President of Westport Insurance Corporation
IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this
this 1 ST day of DECEMBER 20 21
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook SS:
On this 1ST day of DECEMBER 2021 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Erik Janssens Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their resnective comnanies.
YASMIN A. PATEL
OFFICIAL SEAL
Notary Public, State of Illinois
My Commission Expires
May 26. 2023
Yasmin A. Patel, Notary
i
I, Jeffrey Goldberg,the duly elected Senior Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington
International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a
Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport
Insurance Corporation which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 1 Ith day of February , 20 22
Jeffrey Goldberg, Senior Vice President & Assistant Secretary of Washington International Insurance Company &
North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation