Bond, Performance and Payment 3/2/22, 11:55 AM Landmark Web Official Records Search
Doc#2310507 Blc#3084 Pg#930 Recorded 3/26/2021 at 10:07 AM Pages 6
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
REC: $52.50
PERFORMANCE AND PAYMENT BOND
(Public Work)
In compliance with Section 255.05 1 a Florida Statutes
This bond is given to comply with Section 255.05,Florida Statutes,and 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.
BOND NO. 602-122697-1
CONTRACTOR:
Name: ADVENTURE ENVIRONMENTAL INC.
Address: 12895 S.W.87Tn AVENUE
MIAMI,FL 33176
Phone: (305)321-5669
SURETY:
Name: UNITED STATES FIRE INSURANCE COMPANY
Address: 305 Madison Avenue
Morristown,NJ 07962
Phone: (754)702-2462
OWNER:
Name: MONROE COUNTY
Address: 1100 SIMONTON STREET
KEY WEST,FL 33040
Phone: (305)294-4641
CONTRACTING PUBLIC ENTITY(If different from the owner)
Name:
Address:
Phone:
BOND AMOUNT:$535,680.00 Contract Number(if applicable)
Legal Description:
Project Address:
Description of Work: HURRICANE IRMA MARINE DEBRIS REMOVAL IN CANALS
FRONT PAGE: Any other pages attached to this front page are deemed to be subsequent to this page regardless of any page numbers that may be
printed thereon.
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CRUM&FORSTER`
PERFORMANCE AND PAYMENT BOND
Bond No. 602-122697-1
That ADVENTURE ENVIRONMENTAL .INC., as Principal, and UNITED STATES FIRE
INSURANCE COMPANY, as Surety, are held and firmly bound unto MONROE-COUNTY, as
Obligee, in the penal sum of FIVE HUNDRED THIRTY FIVE THOUSAND SIX HUNDRED EIGHTY
AND 0/100 U.S. Dollars (U.S. $535,680.06 for the payment of which sum,well and truly to be made,
contingent upon and subject to all of the terms and conditions hereof, the Principal and Surety bind
themselves, their heirs, executors, administrators, successors and assigns,jointly and severally.
WHEREAS, The Principal has entered into a written contract with the Obligee for HURRICANE
IRMA MARINE. DEBRIS.REMOVAL. IN..CANALS in accordance with a contract which is by
reference made a part hereof,Arid is hereinafter referred to as the Contract.
NOW THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if there is no Obligee
Default under the Construction Contract and if said Principal shall well and faithfully do and perform
the Contract according to the terms of said Contract, and shall pay all valid and adequately
documented claims asserted by Claimants, as defined herein, then this obligation shall be void;
otherwise the same shall remain in full force and effect; it being expressly understood and agreed that
the total liability of the Surety hereunder shall'in no event exceed the penal amount of this obligation as
herein stated.
Anything herein to the contrary notwithstanding, the Obligee agrees that any and all payments
issued by the Surety under this bond, whether to Claimants, to Obligee, to or on behalf of Principal,
to contractors, suppliers, and/or to other parties performing work or supplying materials in
connection with the Contract, and/or in furtherance of the performance or satisfaction of Surety's
obligations hereunder in any way (including but not limited to costs incurred in undertaking or
arranging to perform any work under or in connection with the Contract, as well as any and all
costs incurred in discharging its obligations to Claimants as defined herein), are to be credited
against the penal amount of the bond. Further, Obligee hereby waives notice of the Surety's
issuance, undertaking or agreement to issue any such payment(s) and/or incur any such costs and
Obligee covenants and agrees that the Surety may cease any and all work, payments or other
performance hereunder of any kind whatsoever at any time that the penal amount of the bond has
been reached or that the Surety deems the penal amount will be reached due to obligations incurred
by the Surety (whether or not payment has been issued therefor); all without any requirement of
prior notice to Obligee, and that any and all further obligations of Surety hereunder shall thereupon
be deemed fully and unconditionally discharged.
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 all of the following: The Principal, the Obligee, and the Surety
above named, within ninety (90) days after such Claimant last performed the work or
labor, or furnished 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 snail or certified mail, postage prepaid, in an
envelope addressed to the Principal, Obligee or Surety, as the case may be, at any place
where an office is regularly maintained for the transaction of business, or served in any
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CRUM&FORSTER4
manner in which legal process may be served in the state in.which the aforesaid project is
located, save that such services need not be made by a public officer;
b) After the expiration of one (1) year following the date upon which the Claimant last
performed work or furnished materials under and incorporated into 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.
If there is no Obligee Default,the Obligee having performed all of its obligations under the Contract,
the Surety's obligation to the Obligee under this bond shall arise after:
a) The Obligee has notified the Principal and the Surety in writing served by mailing the same
by registered snail or certified mail,postage prepaid,in an envelope addressed to Principal and
Surety at any place where an office is regularly maintained for the transaction of business that
the Obligee is considering declaring a default and has requested and attempted to arrange a
conference with the Principal and the Surety to be held not later than fifteen (15) days
after receipt of such notice to discuss methods of performing the Contract. If the
Obligee, the Principal and the Surety agree, the Principal shall be allowed a reasonable
time to perform the Contract, but such an agreement shall not waive the Obligee's right,if
any, subsequently to declare a default; and
b) The Obligee has declared a default and formally tenninated the Principal's right to complete
the Contract in accordance with the terns of the Contract. Such default and termination shall
not be declared earlier than twenty (20) days after the Principal and the Surety have
received notice as provided in subparagraph (a)above; and
When the Obligee has satisfied the conditions of subparagraphs (a) through (c) below, the Surety
shall promptly and at the Surety's expense take one of the following actions:
a) Arrange for the Principal,with consent of the Obligee, to perform and complete the
Contract; or
b) Undertake to perform and complete the Contract itself, through its agents or through
independent contractors; or
c) Obtain bids or negotiated proposals from qualified contractors acceptable to the Obligee
for a contract for performance and completion of the Contract, arrange for a contract to
be prepared for execution by the Obligee and the contractor selected with the Obligee's
concurrence, to be secured with performance and payment bonds executed by a qualified
surety equivalent to the bonds issued on the Contract, and pay to the Obligee the
completion costs in excess of the balance of the Contract Price only; or
d) Waive its right to perform and complete,arrange for completion, or obtain a new contractor
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CRU M&FORSTER'
and with reasonable promptness under the circumstances:
1. After investigation, determine the amount for which it may be liable to the
Obligee, subject to all of the limitations as set forth herein and particularly in
subparagraph (c) above, and as soon as practicable after the amount is
determined, tender payment therefor to the Obligee; or
2. Deny liability in whole or in part and notify the Obligee citing reasons therefor.
Surety's liability to Obligee hereunder is limited to the reasonable costs of completion of the
Contract in excess of the balance of the Contract Price, and Surety shall not be liable for any other
claims, costs, losses or expenses of Obligee or any other party of any nature whatsoever.
Obligee agrees that amounts owed by Obligee to the Principal under the Contract shall be used for
the performance of the Contract and to pay valid Claimants. By the Principal furnishing and the
Obligee accepting this bond, they agree that all funds earned by Principal in the performance of the
Contract are dedicated to satisfy the obligations of the Principal and Surety under this bond. The
Obligee further agrees that Surety shall not be liable to Obligee or others for obligations of the
Principal that are unrelated to the Contract, and the Balance of the Contract Price shall not be
reduced or set off on account of any such unrelated obligations of by any other claims of Obligee or
others.
Definitions:
a) Balance of the Contract Price: The total amount payable by the Obligee to Contractor under
the Contract after all proper adjustments have been made, including allowance to Contractor
of any amounts received by the Obligee 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
behalf of the Contractor under the Contract.
b) Contract: The agreement between the Obligee and the Contractor identified on the signature
page, including all Contract Documents and changes thereto.
c) Principal Default: Failure of the Principal, which has neither been remedied nor waived, to
perform or otherwise to comply with the tenors of the Contract.
d) Obligee Default: Failure of the Obligee, which has neither been remedied nor waived, to pay
the Principal as required by the Contract or to perform and complete or comply with the
other terms thereof.
e) Claimant: An individual or entity having a direct contract with the Principal or with a
Subcontractor of the Principal to furnish labor, materials or equipment for use directly in the
performance of the Contract.
f) Labor: Net wages only due and owing for work directly in the performance of the Contract,
and shall not be deemed to include union dues, fringe benefit or similar contributions,
employee withholding taxes (or any other taxes), bonuses, or any other form of
compensation or remuneration whatsoever.
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CRUM&FQRSTER'
Signed,sealed and dated this 17TH day of MARCH,
.. 2 L
Princpa:
D ETJ
CIPA E ENV ONMENTAL ```Ildl lduil�l/0//����'�Attest: By
— Z
•�y S0:Z�
PRINCIPAL SIGNATURE,TITLE ' y b� �O•:• y
UNITED STATES FIRE.INSURANCE COM��� d
Witness: By:.
D_ M..W. ATSON,III -
ATTORNEY-IN-FACT Attorney-In-Fact
(Seal)
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POWEROFATTORNEY-
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY
02480430221
KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has
made,constituted and appointed,and does hereby make,constitute and appoint:
A W.Matson 111,John W.Charlton
each,its true and lawful Attomey(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver:Any and all bonds
and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States Fire Insurance Company thereby as fully and to
the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal
office,in amounts or penalties not exceeding:Seven Million,Five Hundred Thousand Dollars(S7,500,000).
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind United States Fire Insurance
Company except in the manner and to the extent therein stated.
This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attomeys-In-Fact named above and expires on January 31,2022.
This Power of Attorney is granted pursuant to Article tV of the By-laws of United States Fire Insurance Company as now in full force and effect,and consistent with Article III
thereof,which Articles provide,in pertinent part:
Article IV,Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President,any Vice-President,
any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation:
(a) to execute,affix the corporate seal manually or by Paesimile to,acknowledge,verify and deliver any contracts,obligations,instruments and documents
whatsoever in connection with its business including,.without limiting the foregoing,any bonds,guarantees,undertakings,recognizances,powers of attorney or
revocations of any powers of attorney,stipulations,policies of insurance;deeds,leases,mortgages,releases,satisfactions and agency agreements;
(b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the seal of the
Corporation.
Article III,Officers,Section 3.1 1,Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,guarantees,undertakings,
recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed,
facsimile,lithographed or otherwise produced. In addition,if and as authorized by the Board of Directors,dividend warrants or checks,or other numerous
instruments similar to one another in form,may be signed by the facsimile signature or signatures,lithographed or otherwise produced,of such officer or officers
of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the
purposes herein stated the facsimile signature of any person Or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact
that he may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto
affixed this 22"d day of August 2019.
UNITED STATES FIRE INSURANCE COMPANY
Anthony R.Slimowicz,President
State of Pennsylvania }
County of Philadelphia}
On this 221d day of August 2019,before me,a Notary public of the State of Pennsylvania,came the above named officer of United States Fire Insurance Company,
to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of
United States Fire Insurance Company thereto by the authority of his office.
Commonwealth of Pennsylvania—Notary Seat cjol� Jr_' -`-a
Tamara Watkins,Notary Pubic
Philadelphia County Tamara Watkins (Notary Public)
My commission expires August 22,2023
Commission number 1348843
I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the
foregoing is a full,true and correct copy is still in force and effect and has not been revoked.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on thei7w day 0411RCH 2O21
_ UNITED STATES FIRE INSURANCE COMPANY
Al Wright,Senior Vice President
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