Public Construction BondJacobs Key West International Airport 05/13
Monroe County
Pavement Rehabilitation of Faraldo Circle
Project No. GAKA154
BOND NO. 35BC EP0707
PUBLIC CONSTRUCTION BOND
By this Bond, We Douglas N. Higgins, Inc. , as Princi al, whose
principal business address is 3390 Travis Pointe Suite A Ann Arbor MI 48108 as
corporation, and Hartford Accident and Indemnity Company as Surety, an bound to
Monroe County hereinafter called County, in the sum of U.S. Dollars 78 901.60
(Minimum 100% of total bid amount) for payment which we bind ourselves, our heirs,
personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated, 2013 between Principal and County for construction
of PAVEMENT REHABILITATION OF FARALDO CIRCLE the Contract b ing made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract.
2. Promptly make payments to all claimants, as defined in Section 255.05 (1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, which is made a
part of this bond by reference, and in the times and in the manner prescribed in the
Contract; and
3. Pays the County all losses, damages, expenses, costs and atto ney's fees,
including appellate proceedings, that County sustains because of a failure by Principal
under the Contract; and
4. 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.
This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes
in or under the Contract Documents and compliance or non - compliance with any
formalities connected with the Contract or the changes does not affect Surety's
obligation under this Bond.
Bond of contractor constructing public buildings; form; action by mater al men
(Florida Statues- Section 255.05)
(1)(a) Any person entering into a formal contract with the state or any cc
political subdivision thereof, or other public authority or private ei
construction of a public building, for the prosecution and completion of a p
for repairs upon a public building or public work shall be required, before coi
unty, city, or
tity, for the
iblic work, or
imencing
Jacobs Key West International Airport
Monroe County
Pavement Rehabilitation of Faraldo Circle
Project No. GAKA154
05/13
the work or before recommencing the work after a default or abandonment,
in the records of the county
to execute,
where the
deliver to the public owner, and record public
improvement is located, a payment and performance bond with a surety
insurer
authorized to do business in this state as surety. A public entity may not
bond this section from a specific agent
require a
or bonding
contractor to secure a surety under
The bond must state on its front page: the name, principal business address,
and
company.
phone number of the contractor, the surety, the owner of the property
being
improved, and, if different from the owner, the contracting public entity; the
the entity; and a description of
contract
the project
number assigned by contracting public
sufficient to identify it, such as a legal description or the street address of the property
being
improved, and a general description of the improvement. Such bond shall be
conditioned
upon the contractor's performance of the construction work in the time and manner
prescribed
in the contract and promptly making payments to all persons defined in s. 713.01
who furnish
labor, services, or materials for the prosecution of the work provided for in the contract.
Any
claimant may apply to the governmental entity having charge of the work for copies
of the
contract and bond and shall thereupon be furnished with a certified copy of the
contract and
bond. The claimant shall have a right of action against the contractor and surety
for the
amount due him or her, including unpaid finance charges due under the
involve the public authority in any expense. At the
claimant's
discretion
contract. Such action shall not
of the official or board awarding such contract when such work is done for
any county,
city, political subdivision, or public authority, any person entering into such a contract
which
is for $200,000 or less may be exempted from executing the payment and performance
bond. In the event such exemption is granted, the officer or officials shall not
be personally
liable to persons suffering loss because of granting such exemption. Any p
as by this subsection
ovision in a
which
payment bond furnished for public work contracts provided
the classes of persons as defined in s. 713.01 protected by the bond or
the venue of
restricts
any proceeding relating to such bond is unenforceable.
(b) The Department of Management Services shall adopt rules with respect to all
contracts for $200,000 or less, to provide:
1. Procedures for retaining up to 10 percent of each request for payment Submitted by a
contractor and procedures for determining disbursements from the amount ret fined on a pro
rata basis to laborers, material men, and subcontractors, as defined in s. 713.01
2. Procedures for requiring certification from laborers, material men, and subcontractors, as
defined in s. 713.01, prior to final payment to the contractor that such laborers, material men,
and subcontractors have no claims against the contractor resulting from the completion of
the work provided for in the contract.
The state shall not be held liable to any laborer, material man, or subcontractor for any
amounts greater than the pro rata share as determined under this section.
(c)1. The amount of the bond shall equal the contract price, except that foi
excess of $250 million, if the state, county, municipality, political subdivi
public entity finds that a bond in the amount of the contract price is not reasona
the public owner shall set the amount of the bond at the largest amou
available, but not less than $250 million.
2
a contract in
;ion, or other
ply available,
, it reasonably
Jacobs Key West International Airport
Monroe County
Pavement Rehabilitation of Faraldo Circle
Project No. GAKA154
2. For construction - management or design -build contracts, if the public own(
include in the bond amount the cost of design or other non - construction SE
bond may not be conditioned on performance of such services or payment
furnishing such services. Notwithstanding paragraph (a), such a bond m
persons furnishing such services from the classes of persons protected by the
(2)(a)l . If a claimant is no longer furnishing labor, services, or materials on
contractor or the contractor's agent or attorney may elect to shorten the pre:
in this paragraph within which an action to enforce any claim against a pa,
provided pursuant to this section may be commenced by recording in the cle
notice in substantially the following form:
NOTICE OF CONTEST OF CLAIM
AGAINST PAYMENT BOND
To: (Name and address of claimant)
You are notified that the undersigned contests your notice of nonpaymer
, and served on the and
and that the time within which you m�
enforce your claim is limited to 60 days after the date of service of this notice.
DATED on
Signed: (Contractor or Attorney)
The claim of any claimant upon whom such notice is served and who fails to in:
enforce his or her claim against the payment bond within 60 days after service
shall be extinguished automatically. The clerk shall mail a copy of the notice of
claimant at the address shown in the notice of nonpayment or most
05/13
�r does not
rvices, the
to persons
ay exclude
)ond.
a project, a
,cribed time
/ment bond
rk's office a
t, dated
arsigned on
q file suit to
,titute a suit to
of such notice
contest to the
Jacobs Key West International Airport 05/13
Monroe County
Pavement Rehabilitation of Faraldo Circle
Project No. GAKA154
recent amendment thereto and shall certify to such service on the face of su h notice
and record the notice. Service is complete upon mailing.
2. A claimant, except a laborer, who is not in privity with the contractors
all, before
commencing or not later than 45 days after commencing to furnish labor,
materials for the prosecution of the work, furnish the contractor with a writter
ervices, or
notice that
he or she intends to look to the bond for protection. A claimant who is not in
privity with
the contractor and who has not received payment for his or her labor, services,
or
materials shall deliver to the contractor and to the surety written notice
the or supplies and of the nonpayment.
of the
performance of the labor or delivery of materials
The notice of nonpayment may be served at any time during the progress of
the work or
thereafter but not before 45 days after the first furnishing of labor, services,
r materials,
and not later than 90 days after the final furnishing of the labor, services, or
materials by
the claimant or, with respect to rental equipment, not later than 90 days after
for Any
the date
notice of
that the rental equipment was last on the job site available use.
who is not in privity with the contractor which
includes
nonpayment served by a claimant
sums for retainage must specify the portion of the amount claimed for re
ainage. No
action for the labor, materials, or supplies may be instituted against the cont
actor or the
surety unless both notices have been given. Notices required or permitted
be served in accordance with s. 713.18. A claimant may riot
under this
waive in
section may
advance his or her right to bring an action under the bond against the SL
rety. In any
action brought to enforce a claim against a payment bond under this
section, the
his or her
prevailing party is entitled to recover a reasonable fee for the services of
in amount to be determined
by the
attorney for trial and appeal or for arbitration, an
court, which fee must be taxed as part of the prevailing party's costs, as
allowed in
equitable actions. The time periods for service of a notice of nonpayment or
from the
for bringing
last day of
an action against a contractor or a surety shall be measured
materials by the claimant and shall not be measured
by
furnishing labor, services, or
other standards, such as the issuance of a certificate of occupancy or the i
suance of a
certificate of substantial completion.
(b) When a person is required to execute a waiver of his or her right to make a claim
against the payment bond in exchange for, or to induce payment of, a progress
payment, the waiver may be in substantially the following form:
WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND
(PROGRESS PAYMENT)
The undersigned, in consideration of the sum of $ , hereby waives its right to claim
against the payment bond for labor, services, or materials furnished through insert
4
Jacobs Key West International Airport
Monroe County
Pavement Rehabilitation of Faraldo Circle
Project No. GAKA154
date) to (insert the name of your customer) on the job of Lin
for improvements to the following described project:
(description of project)
,a
This waiver does not cover any retention or any labor, services, or materials
the date specified.
DATED ON
Claimant
(c) When a person is required to execute a waiver of his or her right to
against the payment bond, in exchange for, or to induce payment of, the
the waiver may be in substantially the following form:
WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND (FINAL PAYMENT)
The undersigned, in consideration of the final payment in the amount of $
waives its right to claim against the payment bond for labor, services,
furnished to (insert the name of your customer) on the job of (insert the name
for improvements to the following described project:
(description of project)
DATED ON
Claimant
By:
(d) A person may not require a claimant to furnish a waiver that is diffe
forms in paragraphs (b) and (c).
(e) A claimant who executes a waiver in exchange for a check may conditi
on payment of the check.
05/13
9-ril-
ished after
a claim
payment,
hereby
or materials
4
it from the
the waiver
5
Jacobs Key West International Airport
Monroe County
Pavement Rehabilitation of Faraldo Circle
Project No. GAKA154
(f) A waiver that is not substantially similar to the forms in this subsection is enforceabl
accordance with its terms.
in
(3) The bond required in subsection (1) may be in substantially the following form: PUBLIC
CONSTRUCTION BOND
Bond No. (enter bond number)
05/13
BY THIS BOND, We , as Principal and a corporation, as Surety, are
bound to , herein called Owner, in the sum of $ , for payment of which we
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated , between Principal and Owner for
construction of , the contract being made a part of this bond by reference, at the
times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, includ ng appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
4. 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.
Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under
this bond.
DATED ON
(Name of Principal)
By (As Attorney in Fact)
(Name of Surety)
(4) The payment bond provisions of all bonds required by subsection 1) shall be
construed and deemed statutory payment bonds furnished pursuant to this section and such
bonds shall not under any circumstances be converted into common law bonds.
6
Jacobs Key West International Airport 05/13
Monroe County
Pavement Rehabilitation of Faraldo Circle
Project No. GAKA154
(5) In addition to the provisions of chapter 47, any action authorized under this section may
be brought in the county in which the public building or public wom is being
constructed or repaired. This subsection shall not apply to an action instituted prior to May
17, 1977.
(6) All payment bond forms used by a public owner and all payment bon s executed
pursuant to this section by a surety shall make reference to this section by number and shall
contain reference to the notice and time limitation provisions in subsection (2).
(7) In lieu of the bond required by this section, a contractor may file wit the state,
county, city, or other political authority an alternative form of security in the form of cash, a
money order, a certified check, a cashier's check, an irrevocable letter of credit, r a security
of a type listed in part II of chapter 625. Any such alternative form of security hall be for
the same purpose and be subject to the same conditions as those app icable to the
bond required by this section. The determination of the value of an alternative forn of security
shall be made by the appropriate state, county, city, or other political subdivision.
(8) When a contractor has furnished a payment bond pursuant to this section, he
or she may,
when the state, county, municipality, political subdivision, or other public authority
written demand on
makes any
any claimant
payment to the contractor or directly to a claimant, serve a
is in with the contractor for a written statement under oath
of his or her
who not privity
account showing the nature of the labor or services performed and to be performed,
if any;
the materials furnished; the materials to be furnished, if known; the amount paid
on account
to date; the amount due; and the amount to become due, if known, as of the
is in
date of the
vity with the
statement by the claimant. Any such demand to a claimant who not pr
at the address and to the atte
tion of any
contractor must be served on the claimant
who is designated to receive the demand in the notice to contractor
served by
person
the claimant. The failure or refusal to furnish the statement does not
the bond if the demand is not served at the
deprive the
address of
claimant of his or her rights under
or directed to the attention of the person designated to receive the
demand in
the claimant
the notice to contractor. The failure to furnish the statement within 30 days
the furnishing of a false or fraudulent statement, deprives the claimant
after the
who fails to
demand, or
furnish the statement, or who furnishes the false or fraudulent statement, of his
or her rights
the bond. If the contractor serves more than one demand for stateme
t of account
under
on a claimant and none of the information regarding the account has changed
failure or refusal to furnish such statement
since the
does not
claimant's last response to a demand, the
deprive the claimant of his or her rights under the bond. The negligent inclusion
or omission
of any information deprives the claimant of his or her rights under the bond
to the extent
that the contractor can demonstrate prejudice from such act or omission
to a demand for statement of acc
by the
unt does not
claimant. The failure to furnish a response
the bond being enforced in a lawsuit filed b
fore the date
affect the validity of any claim on
the demand for statement of account is received by the claimant.
(9) On any public works project for which the public authority requires a performance and
payment bond, suits at law and in equity may be brought and maintained by an
Jacobs Key West International Airport 05/13
Monroe County
Pavement Rehabilitation of Faraldo Circle
Project No. GAKA154
against the public authority on any contract claim arising from breach of an express provision or
an implied covenant of a written agreement or a written directive issued by the pub is authority
pursuant to the written agreement. In any such suit, the public authority and the contractor
shall have all of the same rights and obligations as a private person under a lie contract
except that no liability may be based on an oral modification of either the wr' ten contract
or written directive. Nothing herein shall be construed to waive the sovereign immunit of the state
and its political subdivisions from equitable claims and equitable remedies. The rovisions of
this subsection shall apply only to contracts entered into on or after July 1, 1999.
(10) An action, except an action for recovery of retainage, must be instituted
the bond or the payment provisions of a combined
against the
payment
contractor or the surety on payment
and performance bond within 1 year after the performance of the labor or completion
of delivery of
the materials or supplies. An action for recovery of retainage must be instituted
labor
against the
of
contractor or the surety within 1 year after the performance of the or
action may not be instituted until
completion
one of the
delivery of the materials or supplies; however, such an
following conditions is satisfied:
(a) The public entity has paid out the claimant's retainage to the contractor, and the
time provided
under s. 218.735 or s. 255.073(3) for payment of that retainage to the claimant has expired;
(b) The claimant has completed all work required under its contract and 70 days have
passed
since the contractor sent its final payment request to the public entity; or
(c) At least 160 days have passed since reaching substantial completion
construction services purchased, as defined in the contract, or if not defined in
of the
the contract,
since reaching beneficial occupancy or use of the project.
(d) The claimant has asked the contractor, in writing, for any of the following information
and the
after receipt of
contractor has failed to respond to the claimant's request, in writing, within 10 days
the request:
1. Whether the project has reached substantial completion, as that term is defined in
if beneficial occupancy or use of the project has
the contract,
occurred.
or if not defined in the contract,
2. Whether the contractor has received payment of the claimant's retainage, and
f so, the date
the retainage was received by the contractor.
3. Whether the contractor has sent its final payment request to the public entity,
nd if so, the
date on which the final payment request was sent.
If none of the conditions described in paragraph (a), paragraph (b), paragraph (c) or paragraph
(d) is satisfied and an action for recovery of retainage cannot be instituted within the 1 -year
limitation period set forth in this subsection, this limitation period shall be extended until 120
days after one of these conditions is satisfied.
Jacobs Key West International Airport
Monroe County
Pavement Rehabilitation of Faraldo Circle
Project No. GAKA154
Principal agrees to record this Bond in the Official Records for
the commencement of the work subject of this Bond.
Dated on: November 7, 2013
PRINCIPAL: Douglas N. Higgins, Inc.
0
Address:
✓a vls
I Ce
I nk .1 8d 30M rT
Ha
0
e t and Inde ity
As Attorney ' - act
SURETY: Address: One Hartford Plaza T -4 Hartford CT 06155
t L8 /b 7
pany
Claims against this Bond are subject to the notice and time provisions set forth in Section
255.05, Florida Statutes.
In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall
provide to the County a hundred (100) percent Performance Bond and a hundred 100) percent
Labor and Material Payment Bond each in an amount not less than the total cons ruction cost.
To be acceptable to the County as Surety for Performance Bonds and Labor and Material
Payment Bonds, a Surety Company shall comply with the following provisions:
1. The Surety Company shall have a currently valid Certificate of Authority,
issued by the State of Florida, Department of Insurance, authorizing it to write
surety bonds in the State of Florida.
2. The Surety Company shall have currently valid Certificate of Authority
issued by the United States Department of Treasury under Sections 9304 to
9308 of Title 31 of the United States Code.
3. The Surety Company shall be in full compliance with the provisions of the
Florida Insurance Code.
4. The Surety Company shall have at least twice the minimum surplus and
capital required by the Florida Insurance Code at the time the invitation to
bid is issued.
9
Jacobs Key West International Airport
Monroe County
Pavement Rehabilitation of Faraldo Circle
Project No. GAKA154
5. If the Contract Award Amount exceeds Five Hundred
($500,000), the Surety Company shall also comply with tl
provisions:
A. The Surety Company shall have at least the following minimum
the latest issue of Best's Key Rating Guide.
POLICYHOLDER'S
MNITRAr.T AMOUNT
REQUIRED
RATING FINAN
$ 500,000 TO 1,000,000 A-
C
05/13
Thousand
e following
ratings in
RATING
I
$1,000,000
TO
2,000,000
A-
CLASS
II
$2,000,000
TO
5,000,000
A-
CLASS
III
$5,000,000
TO
10,000,000
A-
CLASS
IV
$10,000,000
TO
25,000,000
A-
CLASS
V
$25,000,000
TO
50,000,000
A-
CLAS
VI
$50,000,000
TO
100,000,000
A-
CLASS
VII
$50,000,000
TO
100,000,000
A-
CLASS
VII
B. The Surety Company shall not expose itself to any loss on any one risk
in an amount exceeding ten (10) percent of its surplus to policyholders,
provided:
(a) Any risk or portion of any risk being reins red shall be
deducted in determining the limitation of the risk as prescribed
in this section. These minimum requirements shall apply to
the reinsuring carrier providing authorization or approval by the
State of Florida, Department of Insurance to d business in
this state have been met.
(b) In the case of the surety insurance company, in addition
to the deduction for reinsurance, the amount assumed by any
co- surety, the value of any security deposited, pledged or held
subject to the consent of the surety and for the protection of
the surety shall be deducted.
10
Direct Inq jiriesIClaims to:
THE ARTFORD
POWER OF ATTORNEY One irtford Plaza
Hartford, C onnecticut 06155
call: 888 - 266 -34 8 or fax: 860 - 757 -5835
KNOW ALL PERSONS BY TH ESE PRESENTS THAT: enc Code: 35- 350851
X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Conf ecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of In iana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of lorida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint,
up to the amount of unlimited:
Heather M. Johnson, Joel E. Speckman, Terri Mahakian, David Hariock
of
Ann Arbor, MI
their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its n me as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies
have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary.
Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be
bound by any mechanically applied signatures applied to this Power of Attorney.
• a;�wr..�e.r a �O�r .sr+1��= s .+ ' M 'r♦^� t
r '� + *96 j` • �•i1N fi t , !970 9 7 . It
Wesley W. Cowling, Assistant Secretary M. Ross Fisher, Vice F resident
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD
On this 12 day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me my sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in
and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed tote said instrument are such
corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like
authority.
Y�7MOtl1►� °�v�'T ,��t.d�
• Iy�ye: • Kathleen T. Maynard
Notary blic
My Commission Ex ires July 31, 2016
CERTIFICATE
I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of
the Power of Attorney executed by said Companies, which is still in full force effective as of November 7, 2013 .
Signed and sealed at the City of Hartford.
r �etir+irr y �.lt y N �
,/� �
.�,t��
g w,� +n 6rtv %fal
� � �iP .. � •d, ✓ .. ...`t* • � • �`� • 'x�MOS 7' i� ~• �..
G
Gary W. Stumper, ViC President