Payment and Performance Bonds Doc#2479520 Bk#3298 Pg#1823 Electronically Recorded 11/1/2024 at 10:30 AM Pages 6
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: $52.50
THE AMERICAN INSTITUTE 1 T
d'Y
Mm^•x
Bond No. 108030208
AAA Document A312
Performance Bond
Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SLIDE (Warne and Principal Place of Business):
Midcoast Construction Enterprises,LLC d/b/a Midcoast
Marine Group Travelers Casualty and Surety Company of America
250 Northeast 255th Street One Tower Square
Cross City, FL 32628 Hartford, CT 06183
OWNER(Name and Address):
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, FL 33040
CONSTRUCTION CONTRACT
Date; 'AugUst 21,2024
Amount: $726,317,00 Seven Hundred Twenty Six Thousand Three Hundred Seventeen Dollars and 00/100
Description(Name and Location): No Name Key Bridge Repairs Project, Monroe County, Florida
BOND
Date(Not earlier than Construction Contract Cate): October 29,2024
Amount: $726,317.00 Seven Hundred Twenty Six Thousand Three Hundred Seventeen Dollars and 00/100
Modifications to this Bond: '] None LJ See Page 3
' CONTRACTOR CIPAL SURETY
Compan ;: (Corporate Seal) Company: (Corporate Seal)
Midcoast struction Enter ises,LLC d/b/a Midcoast
Marine up Travelers Casualty and Surety Company of America
Sig tore: Signature:
i�Nartii ne 4R� ;..° �.-� Name and Title: radle ti4apes
Attorney-in-Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY m Name,Address and Telephone) OWNER'S REPRESENTATIVE(Architect,Engineer or other
AGENT or BROILER: petty):
Lockton Companies, LLC Kisinger Campo and Associates
280 Peachtree Rd. NE, Ste. 1000 201 North Franklin Street, Suite 400
Atlanta, GA 30305
404-460-3600 Tampa, 33602
AIA DOCUMENT A312 o PERFORMANCE BOND AND PAYMENT BOND a DECEMBER 104 ED.®AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE„N.W..WASHINGTON,D.C.20006 A312-1984 1
THIRD PRINTING•MARCH 1957
Doc.#2479520 Page Number: 2 of 6
1 The Contractor and the Surely, jointly and severally, which it may be liable to the Owner and,as
bind themselves, their heirs,executors.administrators, soon as practicable after the amount is deter-
successors and assigns to Ih*Owner for the performance mined, tender payment therefor tothe
af the Construction Contract,which is incorporated herein Owner, or
by reference, .2 Dertyliabilityin-whole orin parland notify the
2 If the Contractor performs the Construction Contract, Owner citing reasons"refor,
the Surety and the Contractor all have no obligation
under this Bond,except to participate in conlerenm as S If the Surely does not proceed as provided in Paragraph
provided in Subparagraph 3.1. 4 with reasonable promptness.the Surely shall be deemed
to be in default on this&md fifteen days allot receipt of an
3 It there is no Owner Default, the SureVs obligation additional written ootke from the Owner to the Surety
under this on shall arise after: demanding that the SureiyXrform its obligations under
this Bond,and the Owner 11 be entitled to for any
red the Contractor and the remedy available to the Owner.If the Surety proceeds as
M The Owner has notif I
Surety at its address described in Paragraph Iii below provided in Subparagraph 4A,and the Owner refuses the
that the net is considering declaring a Contractor payment tendered or the Surety has denied liability, in
Default and has requested and attempted to arrange a whole orin part,without further notice the nner shall be
conkrence with the Contractor and the Surely to be entitled go enforce any remedy available to the Ow ner.
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Constrisc- to After the Owner has terminated the Contractor's right
lion Contract. If the Owner, the Contractor and the to complete The Construction Contract,and if the Surely
agree, r shall be�all elects to act under Subparagraph 4.1. 4.2,or 4.3 above,
then the responsibilities of the Surety to the Owner shall
Contract,
W
on' CIO
the
C Corrsjr�cliort
I me 0 ortorm t
Surety
' 'y I
$bI h'I P lwaivel�
uc Wa regiment shall M vner s rig t�ff not be greater than those of the Contractor under the
any,subsea
to declare a Cont for De;ault,�a d Construction Contract, and the responsibilities of the
Ov;r*r to the Surety shall not be greater than thost of the
3.2 The Owner has declared a Conteacior Default and Owner under the Construction Contract.To the limit of the
formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the
the contract.Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of
clared earlier than is tit days after the Contractor and costs and damages on the Construction Conicamihe Sure-
the Surely have received notice as provided in Sub- ty is obligated without duplication for.-
paragraph 3.1;and
3.2 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc-
Contract Price to the Surety in accordance with the lion of defective work and completion of the Constfuc-
terms,of the Construction Contract or to a contractor lion Contract;
selected to perform the Construction Contract in accoro 6.2 Additional legal, design professional and delay
dance with the terms of the contract with the Ownera costs resulting from the Contractor's Default, and re-
girt from the actions or failure to act of the Surety When the Owner has satisfied the conditions of pare® h
graph 3,the Surely shall promptly and at the Surety®s ex-
under Paragrap 4; and
pense lake one of the following actions: 6.3 Liquidated damages,or if no liquidated damages
are specified in the Construction Contract,actual dam-
4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or Pon-perfor-
Owner, to perform and complete the Construction Contract; or manct of the Contractor.
7 The Surely shall not be liable to the Owner or others for
42 Undertalce to perform and complete the C*nstnm- cibligationsW the Contractor that are unrelated to the Con-
lion Contract itself,through Its agents or through inde- struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Bond to any person or entity of than the Owner or
contract for performance and completion of the Con- its heirs,executors, administrators or successors.
structitin Contract, arrange for a contract to I The Surety hereby waives notice of any change,includ-
pared for execution by the Owner and the contractor I changes of time, to the Construction Contract or to
selected with the Owner's concurrence,to be secured
with performance and payment bonds executed by a r2aled subcontracts, purchase orders and other obliga-
qualified surely equivalent to the bonds issued on the clone.
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable. under this and
amount of damages as described in Paragraph 6 in ex- may be instituted court of coient jurisdiction in
cess of the Balance oft Contract Price incurred by the the location in wh= mpe work or part of thework is located
Owner resulting from the Contractor's default; or and shall be Instituted within two years after Contractor
4.4 Waive its right to perform and complete,arrange Default or within two years after the Contractor ceased
for completion, or obtain a new contractor and with working or within two years after the Suirely re(usesor fails
reasonable promptness under the circumstances: to perform its obligations under this Bond,whichaver oc-
curs first. If the provisions of this Paragraph are void or
.1 After investigation,determine the amount for prohibited by law,the minimum period of limilation avail-
AIA DOCUMENTA312-PERFORMANCE BOND AND PAYMENT BOND*DECEMBER 1584 ED.a AIA(D
THE AMERICAN INSTITUTE OF ARCHITECTS,1735NEW YORK AVE.,N.W.,WASHINGTON.D.C.20006 A312®4 2
THIRD PRINTING a MARCH 1937
Doc.#2479520 Page Number: 3 of 6
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner In settlement of insurance or other claims
10 Notice to the Surety,the Owner or the Contractor shalt for damages to which the Contractor is entitled, re-
be mailed or delivered to the address she on the sig® duce d by all valid and proper pa nents made to or on
behalf of the Contractor under t9e Construction Con-
nature page. tract.
11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig-
the construction was to be performed,any provision in this nature page, including all Contract Documents and
Bond conflicting With said statutory or legal requirement changes thereto.
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall M3 Contractor Default. Failure of the Contractor,
be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per-
Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default:Failure of the Owner,which has
12.1 Balance of the Contract Price:The total amount neither been remedied nor waived, to pay the Con®
payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to
Construction Contract after all proper adjustments perform and complete or comply with the other terms
have been made, including allowance to the Con® thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company. (Corporate Seal) Company: (Corporate Seal)
1A
Signature: t A Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENTA312 a PERFORMANCE BOND AND PAYMENT BOND®DECEMBER 1984 ED,®AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312.1984 3
THIRD PRINTING e MARCH 1987
Doc.#2479520 Page Number: 4 of 6
THE AMERICAN INSTITUTE OF ARCHITECTS
to
Bond No. 108030208
tit I t
Labor and Material Payment Bond
13 IMW 81MULTAMCM11WIMPERFOR10MCEFAVOR OF TIC
OWNER CONDITIONED ON THE FJLLAND FAMFUL PERFORMUM OF THE CONTRACT
KNOW ALL MEN BY THESE ®that Midcoast Construction Enterprises, LLC d/b/a Midcoast
Marine Group ftro Insert Unamod addran or legal Woof
250 Northeast 255th Street Cross City, FL 32628
as Principal, hereinafter calledPrincipal, and, Travelers Casualty and Surety Company of America
(Hero insert U narnowd ad*$$$or to a8 WeaA
One Tower Square , Hartford,CT 06183
as Surety, hereinafter cahed Surety,are held and firmly bound unto Monroe County Board of County
Commissioners ad 64 roma andad legal Woof Omar)
1100 Simonton Street Key West, FL 33040
as Obligee, hereinafter called Owner. for the use and benefit of claimantsas hereinbelow defined, In
amount of Seven Hundred Twenty Six Thousand Three Hundred Seventeen Collars and 00/100
{ to at last c } Dollare( 726,317.00 )y
paymentfor the
whered Principal and Suretyit heirs, executors, administrators,
assigns,successors and Joiintty and severally, .
Principalre rat dated August 21, 2024 ,entered Into a contract with Owner
for
No Name Key Bridge Repairs Project, Monroe County, Florida
In accordance with Drawings and SpecificaUmsKisinger Campo and Associates
(Her*insert 04 awn*and addresswfogalt e afkdftO
201 North Franklin Street, Suite 400 Tampa, 33602
which reference r , and Is hereinafterto as the Contract.
DOCUMT A311 PERFORMANCE TER A
FEBRUARY197090. TMAMERICAN INSTITUTEWR T C IM KY.AVE,WN.WAS104TON.D.C.
Doc.#2479520 Page Number: 5 of 6
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION Is such the% N Principal shall promptly make payment to all
claimants as hereinafter defined. for all labor and material trA4 or reasonably required for use in the perlam-Ance d the
Contract Um this obligation shall be void,otherwise it shall remain In full force and eff"A subjec%hovmver,to the following
conditions,
i® A claimant Is defined as one having a direct and the name of the party to whom the materials were
contract with the Ptincipal or with a Subcontractor of the furnished, or for whom the wv* or labor was done or
Nneipal for labor, matefti, or both, used or reasonably pedarmed. Such notice "I be served by mailing the
required for use In the performance of the Contr&4 labor same by registered mail or cedified mail, postage prepaid,
and material being construed to Include that pad of water, In an envelope addressed to On Principal,Owner or Sufety,
gas, power. light; heat oil, gasoline. telephone service or at any place where an office Is regularly maintained for the
rental of equipment directly aplicaWe to the Contract. transaction of business, or ser*d in any manner in which
2. The above named Principal and Surely hereby Jointly legal process may be served In the state In which the
and severally agree with the Owner that every claimant as aforessid project is located.save that such service need not
heroin defined, who has not been paid In full before the be made by a public officer.
@*rafion of a period of ninety(90) days after the date on b) After the woration done(1)year following the date an
which the last of such claimant's work or labor was done or which principal ceased Work on said Conb*4 it being
performed, or materials were furnished by such claimant, understood, howow,that H any fimitation embodied In this
may sue an this bond for the use of such claimant, bond Is prohibited by any low controlling the construction
prosecute the suit to final judgment for such sum or sums hereof such limitation"I be deemed to be amended so
as may be justly due claimant and have execution thereon. as to be equal to the minimum period of limitatim permitted
The owner shall not be liable for tho payment Of any costs by such lam
or expenses;of any such suit. a) Other than In to court of competent Jurisdiction In
3. No suit or action shall be commmwed hereunder by and for the county or other political subdivision of the state
any claimant: In which the Project or any pad thereol, Is situated, or In
9) Unless claimant other than one having a direct the United States District Court for the district In which the
contract with Me Principal,shall have given written r4dm to Project,or any part ftmeof,Is situated,and not elsewhere.
any two of the following: the Principal, the Owner, or the 4. The amount of this bond shall be reduced by and
Surety above named, within ninety (90) days after such to the extent of any payment or payments made In good
claimant did or performed the lost of the work or labor, or faith hereunder. inclusive of the payment by Surely or
furnished the last of Me matedals for which said claim is mechanics! liens which may be 6W of record against said
made, stating with substantial accuracy the amount Improvement whether or not claim for the amount of such
claimed lien be presented under and against this bond.
Signed and sealed this 29th day of October, 2024.
Midegast Cons triaLion"Enter i-ris. bla Midcoast Mari G"'
S LLC(U Marine rouv(Soso
B:
(Taw
WITNESS: Travelers Casualty and Surety Comgany of America
(Swew Ono
SL Vz EkAa-iBryant _71�Mb—w
Attorney-in-Fact
AM DOCUMENT A311 PERFORMUCE BOND AND LABOR AND MATERIAL PAYMENT BOND JUA G
FEBRUARY1970ED. YKAMERCM NSTITUTE OFARCHTECT%1736N.Y.AVF-N.W.WASHMTOK D.C.N=
2
Doc.#2479520 Page Number: 6 of 6
Travelers Casualty and SuretyCompany of America
Travelers Casualty and SuretyCompany
® Raul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duty organized under the laws of the State of Connecticut (herein
collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint BRADLEY C MAPES of
ATLANTA , Georgia , their true and lawful Attorneys)-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 21st day of April,
2021.
m
State of Connecticut
By.
City of Hartford ss. Robert L.Raney; enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer
JIF
o�.
IN WITNESS WHEREOF,I hereunto set my hand and official seat.
raosa�v �F
My Commission expires the 30th day of June,2026
p +e Anna P.Nowik,Notary Publie
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies,which resolutions are now in full force and effect,reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any 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 or her certificate of authority
may prescribe to sign with 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, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is fled in the office of the Secretary;and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a 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 Attomeys-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 of each of the 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 or the Company may be affixed by facsimile to
any Power of 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 thereof,and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified 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.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each 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 remains in full force and effect.
Dated this 29th day of October 2024
04� ��*siY ax®ma`s
FA
�a a?
�� Kevin E.Hughes,Assi<tant Secretary
To verify the authenticity ofdais Power of.Attorney,please call orsat.f- 00-421-3880
Please refer to the above-na/rredA f turney(s)-in-fact and the cletalls of the bond to which this Poorer of Attorney is attached.