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Public Works Bond
ABC CONSTRUCTION, INC. TRANSMITTAL No. 6 7215 NW 7th Street Phone: 305 - 663 -0322 MIAMI, FL. 33126 Fax: 305 - 267 -2403 PROJECT: STRENGTHEN-REHABILITATE COMMERCIAL DATE: 01/04/2017 APRON REC EI VE JAN 4 6 1016 TO: Key West International Airport 3491 South Roosevelt Blvd REF: Original Bond Key West FL 33040 Phone:305- 809 -5239 ATTN: Beth Leto WE ARE SENDING: SUBMITTED FOR: ACTION TAKEN: ❑ Shop Drawings ❑ Approval ❑ Approved as Submitted ❑ Letter tti Your Use ❑ Approved as Noted ❑ Prints ❑ As Requested ❑ Resubmit ❑ Change Order ❑ Review and Comment ❑ Submit ❑ Plans ❑ Other: ❑ Returned ❑ Samples SENT VIA: ❑ Returned for Corrections ❑ Specifications ❑ Attached ❑ Due Date: 5 Other: Original Bond ❑ Separate Cover Via: ❑ Other: SUBMITTAL DRAWING ITEM NO. COPIES DATE DESCRIPTION 1 01/04/2017 Original Bond REMARKS: I have attached Original Bond.. Thank you for your cooperation, f Signed: Received By: aura Go zalez Date: i /04/2017 Date: 01/04/2017 Nielson, Hoover & Associates Bond Department Public Works Bond In compliance with Florida Statutes 255.05(1)(a) Bond No. 21BCSHN8328 Contractor ABC Construction, Inc. Address 7215 N.W. 7th Street Miami, Florida 33126 Phone No. (305) 663 - 0322 Surety Company Hartford Fire Insurance Company Address One Hartford Plaza Hartford, CT 061 55 Phone No. (860) 547 - 5000 Owner Name Monroe County Board of County Commissioners Address 1100 Simonton Street, Room 1 - 213 Key West, FL 33040 Phone Number (305) 809 -5600 Contract /Project No. GAKAP145 Project Name Strengthen /Rehabilitate Commercial Apron@ Key West International Airport Project Location Key West, FL Legal Description and /or 3491 South Roosevelt Blvd., Key West, FL 33040 Street Address Description of Work Strengthen /Rehabilitate Front Page All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. Bond No, 21BCSHN8328 Document A312 — 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) ABC Construction, Inc. Hartford Fire Insurance Company One Hartford Plaza This document has Im legal N.W. 7th Street portantle al Hartford, CT 06155-0001 consequences. Consultation with Miami, FL 33126 Mailing Address for Notices an attorney is encouraged with respect to its completion or One Hartford Plaza modification. OWNER: Hartford, CT 06155 Any singular reference to (Name, legal status and address) Contractor, Surety, Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable. 1100 Simonton Street, Room 1 -213 Key West, FL 33040 CONSTRUCTION CONTRACT Date: November 22, 2016 Amount: $ 9,250,000.00 Nine Million Two Hundred Fifty Thousand Dollars and 00/100 Description: Nance and location) Strengthen /Rehabilitate Commercial Apron @ Key West International Airport BOND Date: December 27, 2016 (Not earlier than Construction Contract Date) Amount: $ 9,250,000.00 Nine Million Two Hundred Fifty Thousand Dollars and 00/100 Modifications to this Bond: © None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) ABC C •truction, Inc. Hartford Fire Insurance Company e. C,44.4. D. Signature: t Signature: Name v Name Charles D. Nielson and Title: and Title: Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORkIATION ONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover & Associates ( Architect, Engineer or other party:) 8000 Governors Square Blvd. #101 Miami Lakes, FL 33016 305 - 722 -2663 S- 1852/AS 8/10 • § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation undcr this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by thc Owner and a contractor selected with the Owner's concurrence, to be secured with performance and paymcnt bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incun•ed by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 ARcr investigation, determine thc amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make paymcnt to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not procecd as provided in Section 5 with reasonable promptness, thc Surcty shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S- 1852/AS 8/10 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner undcr the Construction Contract. Subject to the commitment by the Owner to pay thc Balance of the Contract Price, the Surety is obligated, without duplication, for .1 thc responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to thc Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than thc Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives noticc of any change, including changcs of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may bc instituted in any court of competent jurisdiction in the location in which the work or part of the work is Located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ccascd working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are 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. § 12 Notice 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. § 13 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, thc intent is that this Bond shall bc construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have bccn made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behal for the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 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. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to bc Subcontractor and the term Owner shall be deemed to be Contractor. S- 1852/AS 8/10 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than !hose 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 S- 1852/AS 8/10 • Direct Inquiries /Claims to: POWER ATTORNEY TH h HN p R d T P F I ORD Hartford, Connecticut 06155 bond.claimsAthehartford.com call: 888 - 266 -3488 or fax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21- 229752 X j Hartford Fire Insurance Company, a corporation duly organized under the laves of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the lams of the State of Indiana X Hartford Accident and Indemnity Company, a corporation duly organized under the layys of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the lays of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laycs of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida 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: Charles J. Nielson, Mary C. Aceves, Charles D. Nielson, Joseph Penichet Nielson, David R. Hoover of Miami Lakes, FL their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name 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 March 1, 2016 the Companies have caused these presents to be signed by its Senior 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. ��y TT 1 4� e: ' �ti j� `A�l7t rrf� /0"6"7:;;:::„N ^ i � �* o ! ' ; P`' ` ' n...l.r 0 1 t° ydp 9'ise' ' r�� w'roa' a - mow' � 9 _i !' - r '�.. \1..a�t,r.�� • �••t•w► .� ;:.1870 . ' ; °�1D79 : - �i • / John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT ss Hartford COUNTY OF HARTFORD On this 5th day of April, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior 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 to the 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. ‘ iw►�ur` s o .'mac , 44oc¢ Nora M Stranko Notary Public CERTIFICATE My Commission Expires March 31, 2018 I, the undersigned, Assistant 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 December 27, 2016 . Signed and sealed at the City of Hartford. t yTt l • tl 4 4 I w 1. i:�Ke•rll.l a �Q� r ' �O , J tA 7." t ll f. \ � a ..r t i r a 1987 ► g • . 7 ' 3.1 • . -'i • � • L!G'a t.yy h al +trtlr • ••'i : ^ 19 70) 1 ^ i °' Iy79 i� 1919 n Kevin Hec « fir= ,, (72: • e