Loading...
Performance/Payment Bond Doc#2390336 Bk#3192 Pg#2259 Recorded 9/6/2022 1:39 PM Page I of 9 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOI[i4 CPA A SI.I. wAIA Document A312 T11 - 2010 Bond No. 107554091 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Marino Construction Group, Inc. of business) 7025 Shrimp Rd., Suite 2E Travelers Casualty and Surety Company This document has important legal Key West, FL 33040 of America consequences.Consultation with One Tower Square an attorney Is encouraged with OWNER: Hartford, CT 06183 respect to its completion or (Name, legal status and address) modification. Monroe County Board of County Commissioners Any singular reference to 500 Whitehead Street, Key West, FL 33040 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date:August 17, 2022 AIA Document A312-201 0 combines two separate bonds,a Amount:$282,820.00 Performance Bond and a Payment Bond,into one form. Description: This is not a single combined (Name and location) Performance and Payment Bond. Key West Lighthouse Oil Display and Tower Repairs 938 Whitehead Street, Key West, FL 33040 RFP-438-0-2022 BOND Date: September 1, 2022 (Not earlier than Construction Contract Date) Amount:$282,820,00 Modifications to this Bond: )<None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Marino Construction Group, Inc. ry Travelers Casualty and Surety Company of America Signature: Signature: Name Name William L Par and,title: and Title: Attorney in Fact r& FL Res Agent (Any additional signatures appear on the last page of this Perjbrwance Bond.) (FOR INFORMATION ONLY.—Name, address and telephone) AGENT orBROKER: OWNER'S REPRESENTATIVE: (4rchifecl,Ejighiew-or-other-party:) InSource 9500 S.Dadeland Blvd, Suite 400 Miami,FL 33156 ---------- ------............ Init. -wi"Document,-,A-,3",1-2�--2010.-T-h"e-Amedcan Institute of Architects. 061110 §I 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 under 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 tinder this Bond shall arise after ,I 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 does 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 the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment 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 incurred 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 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment 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 proceed as provided in Section 5 with reasonable promptness, ptness,the Surety shall be deemed to be in default on this Bond seven day.,after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations tinder 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. Init. AJA Document A3121m-2010.The American Institute of Architects. 2 §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 under the Construction Contract,Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting frorn.the Contractor's Default,and resulting from the actions or failure to act of the Surety tinder 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 are unrelated to the, 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 the Owner or its heirs,executors,administrators,successors and assigns. 10 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, §11 Any proceeding,legal or equitable,under this Bond may be 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 ceased 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,the intent is that this Bond shall be construed as a statutory bond art(] not as a common law bond, §14 Definitions §141 Balance of the Contract Price.The total amount payable by the Owner to the Contractor tinder the Construction Contract after all proper adjustments have been 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 behalf of 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 be Subcontractor and the term Owner shall be deemed to be Contractor. .................... Init. AIA Document A312T —2010.The American Institute Of Architects. 3 ................................................ ................................... §16 Modifications to this bond are as follows: (Space is provided below fbi-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 [nit. AIA Document A312"11'-2010.The American institute of Architects, .................... --------------------- ............. �� � � �� ���K8 x���� n� /—�� ������UK��)����N ��~� U �� ^ ~' == u�K0 � �� vile- fi -A-�-+� -�- =~ �=��~�� "�~�� �� ~ "�= " == ��~~ � ~~ Bond No.1O7554OS1 Payment Bond �Qw � CONTRACTOR- SURETY: (Name, legal status and address) (Alanxe, legal status mndyrhncil)*/place Marino Construction Group, Inc. of business) 7O25 Shrimp Rd ' Suite 2E Travelers Casualty and Surety Company This document has important legal Key West, FL33O4O of America ouosennvnmm Consultation with Sq uare ore � `- on attorney iy encouraged with OWNER: Hartford, CTOS183 respect m its completion m (Alan/e, legal status and address) modification. Monroe County Board of County Commissioners Any singular reference tn 5OO Whitehead Street Contractor,mvn»ty' Owner or West, FL 33040 other party shall unconsidered p|um|whemopp||omb!o, CONSTRUCTION CONTRACT x|A Document*312-zo1V Dote:August 17. 2022 combines two separate bonds,o Performance Bond and a Amnoot:$282.820.00 Payment Bond,Into one form. This|n not a single combined Do^udydvo: Performance and Payment Bond. and location) Key West Lighthouse Oil Display and Tower Repairs 938VVhiteheed Gtreet, Key West, FL33O40 RFP-438-0-2022 BUN0 Date:September1. 2O22 (Alot earlier than Construction Contract Date) Amount:$282,820.00 Modifioationnmt1livBond: ONone Xsee Section lQ CONTRACTOR ASPRINCIPAL SURETY Company (Corporate Seal) Company: (Co(poruteJeal) Marino Co t i Group, Inc. Travelers Casualty and Surety Company of America Signature: Signature: 0anuc Name William L d 1� � Park�� and Title: aod � � /�b�meyinFa��& FLReaAgent (Any additional signatures appear on tho6m/page ofthis Payment Bond) (FOR INF&9M4Z81ArOX[Y--0aixe, address and AGENTorBROKER: OWNER'S REPRESENTATIVE: (4n6koct, Engineer mo/0erpmn)j |nauurce yoone oaue|anu Blvd,Suite 000 Miami,pLoa15o [nit. ----''-- —1-T—A---n----- '--- §i The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials arid 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 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: §5.1 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 Dame,of the party to whom the materials were,or equipment was,fungi shed or supplied or for whom the labor was done or performed,within Ainety(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 13). 5.2 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 tinder 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: §71 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 are disputed;and §7,2 Pay or arrange for payment of any undisputed amounts. §73 The Surety's failure to discharge its obligations tinder 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, lf,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. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the arnount of reasonable attorney's fees provided under Section 73,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 Owner's priority to use the funds for the completion of the work. Init. AIA Document A312rm—2010.The American fnstftute of Architects.ects, 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 underthis 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 tinder 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 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. §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 fumished 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 herefrorn 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: A 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 Airnished, .5 the date on which the Claimant last performed labor or last famished 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. Init, AIA Document AM —2M,The American lnsVitule of Architects. 7 .......---------- ...................................................- ..................-................................................... ...........................................-............................................. .............-.........................-............................ §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: This bond is given to comply with section 255.05 Florida Statute,,,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 (Space is provided below far additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seat) Company: (Corporate Seal) Marino Construction Gro?p, Inc. Travelers Casualty and Surety Company of America Signature: Signature: 6ox Name and Title: Name and Title:William L Parker,Address one Tower square, rney in Fact FL Res Agent Address 7025 Shrimp Rd., are, Hartf7d,CT 06183 Suite 2E, Key West, FL 33040 AIA Document A312Tm—2010,The American Institute of Architects. 8 Travelers Casualty and Surety Company of America AdW Travelers Casualty and Surety Company TRAVELERSJ St. Paul Fire and Marine 1nsurance Company POWER opATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Casualty Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint William L.Parker of MIAMI Florida , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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,the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 20117 OTI, CONK State ofConnecticut By: City vY Hartford aa. Robert L.Raney, Senmr Vice President On this the ow day mFebruary, 2017. »emm me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf ofthe corporations by himself uma duly authorized officer, m Witness Whereof,| hereunto set my hand and official seal. My Commission expires the snm day o,June, 20210 Marie C.Tetreault, Notary Public This Power of Attorney is granted under and by the authority or the following eoomuona adopted by the Boards o/Directors of Travelers Casualty and Surety Company m America,Travelers Casualty and Surety Company, arid St. Paul Fire and Marine Insurance Company,which resolutions are now mfull force and effect,reading as follows: REaou/eo, that the o»ainnan, the President, any Vice chwivnan, any Executive Vice President, any Senior Vice President, any Vice President, Second vioo Preaiu*nt, the Treasurer, any Assistant Treasurer, the Corporate Secretary Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his vr her certificate m authority may oo mx/gnwuh the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, o, conditional undertmmng, and any of said omoom or the Board of Directors at any time may remove any such appointee and e=om, the power given him or her;and it is runTxsn nsaomeo, that the Chairman, the President, any Vice Chairman, any Executive woo pmsiuem. any Senior Vice President or any Vice President may delegate all on any part u|the foregoing authority to one or more officers or employees of this Company, provided that each such delegation iuin writing and a copy thereof ia filed in the office vr the Secretary;and uia FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed(under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature vr each ofthe following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed uy facsimile to any Power uf Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature memvC and any Such Power o,Attorney o, certificate bearing such facsimile signature or facsimile oeo| shall be valid and binding upon the Company and any such power enexecuted and nomoad by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. | Kevin E. *uoxos the vnunmi d Assistant Secretary v, Travelers caoupx and Surety Company o, Ane,ioo. Travelers Casualty arid Surety Attorney executed bv said Companies,which remains in full force and effect. Dated this 1 day of September . 2022R MOW Kevin E. Hughes,Assi�tant Secratar� To verify the aiithenticity of this Power of Attorney,please calf us atl-800-421-3880. Please refer to the above-namedAttorney-in-fact and the details of the bond to which the power is attached.