HomeMy WebLinkAboutPerformance and Payment Bond FRONT PAGE
CONTRACTOR'S PERFORMANCE AND PAYMENT BOND
(Public Work)
Bond No,: 108038715
Contractor Name: Marino Construction Group, Inc.
Contractor Address: 3100 Overseas Highway, Key West, FL 33040
Contractor Phone No,:305.851.2201
Surety Company: Travelers Casualty and Surety Company of America
Owner Name: Monroe County Board of County Commissioners
Owner Address: 1100 Simonton St., Key West, FL 33040
Owner Phone No,: 305292.3550
Obligee Name:Same as above Doc#2482672 Bk#3302 Pg#1772
(If different from property Recorded 12'6l2024 09 AM Page 1 of 7
Owner,or Dual Obligee)
Obligee Address: Same as above
Filed and Recorded in official if1N MARK-CPA
MONROE COUNTY KE
Obligee Phone No.: Sarno as above
Bond Amount:$5,102,839.10
Contract No.(if applicable) No. 404-630219 (G2A61)
Description of Work:Customs and Border Protection
Facility Phase 3
Project Location: Key West International Airport
Legal Description: Various
i
This Bond has been furnished to comply with the requirements of F.S,256.05, This bond Is hereby amended such that
all provisions and limitations, Including conditions, notice and time limitations of F.S.266.45(2)are Incorporated herein by
reference. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in .
excess of the minimum of the applicable statute shall be deemed deleted herafrom. This bond Is a statutory bond,not a 9 ,
common law bond,
Fj
This Is the front page of the Porformance/Payment Bond(s)regardless of preprinted numbers on other pages
Issued In compliance with Florida Statute 255.05.
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Key West International Airport 03/24
Monroe County
Customs and Border Protection Facility Phase 3
Bid Documents Project Manual
(f)A waiver that is not substantially similar to the forms in this subsection is enforceable in
accordance with its terms.
(3) The bond required in subsection (1) may be in substantially the following form: PUBLIC
CONSTRUCTION BOND
Bond No. (108038715)
BY THIS BOND, We Marino Construction Group, Inc. as Principal and _Travelers
Casualty and Surety Company of America a corporation, as Surety, are bound to
Monroe County Board of Commissioners herein called Owner, in the sum of $
$5,102,839.10 , 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 _July 17th_ , _2024_ , between Principal and Owner for
construction of Customs and Border Protection the contract being made a part of this bond by reference, at the
actin,Phase 3
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, including
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 December 3rd,2024 p
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Marino Construction Group, Inc.
By�- "``r' " - ' This bond is given to comply with section 255.0E �
Florida statutes,and any actiort instituted by a
Travelers Casualty and Surety Company of America 01imant tinder this bona fm payment must be in
at,cord tnce witfr the notice alid time limitation
i Provisions in Section 255.05(2),Florida statutes a
BY
William L. Parker`Attorney in Fact& FL Res Agent �t
(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. �
CONTRACT II-10 41«, ,
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Travelers Casualty anti Surety Company of America
Travelers Casualty and Surety Company
TRAVELERSJ St, Patrl 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 duly organized under the laws of the State of Connecticut (herein collectively called they
"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 titp;
fidelity of persons, grraranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In ally
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 ofFisbruoiry,'.
2017,
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State of Connecticut
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City of Hartford ss. Robert L.Raney,Se or Vice President
On this the 3rd day of February, 2017, before 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
tie, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations,by
himself as a duly authorized officer,
In Witness Whereof,I hereunto set my hand and official seal, ."rr
My Commission expires the 30th day of,tune,2021 ►A ICY" 4JIa.A~ C �f��
rrttia +► Marie C.Tetreault,Notary Public.
This Power of Attorney is granted under and by the authority of the following resolutions adapted by the Boards of Directors of Travelers Casualty and,
Surety Company of America,'travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,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,Ono
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 sea!with the Company's seal bonds,recognlzances,contracts of indemnity,and other writings obligatory in the nature of a t)ond,"
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 filed in the office of the Secretary;and it is
FURTHER RESOLVED, that any Land, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, orconditional
undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman, any Executive dice President,any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistants
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 nits or her certificate or their certificates of authority or by one or morp
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 of 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-Fast 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 pourer 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,
1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers~ Casuohy and Surety
Company, and St. Paul Fire and Marine insurance Company, do hereby certify that the above and foregoing is a true and correct ropy of tht. Power of
Attorney executed by said Companies,which remains in full force and effect.
Dated this 3 day of December 2024
�yuiw,rr awy�YpNP,� a1l'�'�
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Kevin Ems.Hr��;staf;tSe�ro'ary
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76 verify the authenticity of this Power of Attorney,please csll us at 1-800-421 3880.
Please refer to the alcove-named Attorney-in-Fact and the details of the.bond to which the power is attached.
Ivey West International Airport 03/24
Monroe County
C,ustorns and Border Protection Facility Phase 3
Bid Documents Project Manual
(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 work is be°ng 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 bonds 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 with 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, or a security of a type listed
in part II of chapter 625. Any such alternative form of security shall be for the same
purpose and be subject to the same conditions as those applicable to the bond required
by this section. The determination of the value of an alternative form 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 makes any
payment to the contractor or directly to a claimant, serve a written demand on any claimant
who is not in privity with the contractor for a written statement under oath of his or her
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 date of the
statement by the claimant. Any such demand to a claimant who is not in privity with the
contractor must be served on the claimant at the address and to the attention of any person
who is designated to receive the demand in the notice to contractor served by the
claimant. The failure or refusal to furnish the statement does not deprive the claimant
of his or her rights under the bond if the demand is not served at the address of the claimant
or directed to the attention of the person designated to receive the demand in the notice to
contractor. The failure to furnish the statement within 30 days after the demand, or the
furnishing of a false or fraudulent statement, deprives the claimant who fails to furnish the
statement, or who furnishes the false or fraudulent statement, of his or her rights under the
bond. If the contractor serves more than one demand for statement of account on a claimant
and none of the information regarding the account has changed since the claimant's last
response to a demand, the failure or refusal to furnish such statement does not 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 thpt the
contractor can demonstrate prejudice from such act or omission by the claimant. The
failure to furnish a response to a demand for statement of account does not affect the validity
of any claim on the bond being enforced in a lawsuit filed before the date 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 and
CONTRACT
Key West lilt-rnational Airport 03/2.4
Monroe County
Customs and Border Protection Facility Phase 3 "
Bid Jocrirnents Project Mania]
against the public Puthority on any contract c!ai,n a-ising from breach of an express provision or an
implied covenant of a written agreement or a written directive is€s`ied by the public authority
pLir suant to the written agreenneot. In an:; such s!,it the pubic a .,'hority and the~ contractor
:;hall nave all or the sa;T7e ights aM'd o'."tea"o"'S cs i r "up-to pprso^ u`d-r v, thke ^,or-tract
except that no liability may iie used 'ow an cral Tor''ifiCatiorr of-elt"ar�the written contract
or written directive. Nothing he, shall be construed to waive the sovereign'immunity of the state
and its political subdivisions from equitable cra'rns and equitab'e remedies. T`ae provisions of this
subsection shall apply only to contracts entered into on or after July 1, 1999.
(10)Are ictlon,'except an action for recovery of retainage, must be instituted against the contractor
or the surety on the payment bond or the payment provisions of a combined 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 against the
contractor or the surety within 1 year after the performance of the labor or, completion of
delivery of the materials or supplies; however, such an action may not be instituted until ona of the
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 '10 days hw,,e passed
since the contractor sent :ts`inal payment request to the public entity; or
(c) At least 160 day:; have passed since reaching substantial roirrpletior, of the
construction services purchased, as defined in the contract, or if not defined in tht: contract,
since reaching beneficial Occupancy or use of the project.
(d) 'The cla;rr.sari+ has asked the contractor, in writing; for any of the foflowinq information and the
contractor has railed to responc' to the i�laimar+t's request, in writing; within 10 day: after receipt of
the re-LieSt.:
1. Whether tl`e project has,reached substantial completion, as that term is defined in the contract,
Or if not defined in the contract, if beneficial occupanC,y or use of the project has occurred.
2. Whether the contractor has received payment of the claimant's retainage, and if so, the date
the retainage was received by the contractor.
3. Whether the contractor has sent its final payment request to the public entity, and if,o, 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.
CONTRACT tl-I2
Key West International Airport 03/^4
Monroe County
Customs anc.. Border)'rotection ;aci!i�y f"Nase 3
Bid Doc;nr►ents Pi JJect Manual
Principal agrees to record this Bond in the Official Records for Monroe County before
the corn mencernent of the work subject of.his l3cnd.
Dated on: December 3rd, 2024
PRINCIPAL: Marino Construction Group, Inc.
Address: 3100 Overseas Highway, Key West, FL 33040
Travelers Casualty and Surety Company of America
By
William L. Parker
As Attorney-in-Fact
SURETY: Address:One Tower Square, Hartford, CT 06,183
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 (1001 percent
Labor and Material Payment Bona each in an amount not less than the total construction cost.
To be acceptable to the County as Surety for Performance Bond:, and Labor and N.,Irateria!
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:, authori ing it to write
surety bonds in the State of Florida.
2. The Surety Company shall have currently valid Certifi.c.,zte of Authority
issued by the United States Department of Treasury under Sections 9304 to 9308
of Title 31 of the United States Cade.
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 minirnum surplus and
capital required by the Florida Insurance Code at the time the invitation to
bid is issued.
CONTRACT 11-13
Key West International Airport 03/24
Monroe County
Customs and Border Protection Facility Phase 3
Bid DOCLIMents Project Manual
5. If the Contract Award Amount exceeds Five Hundred Thousand
($500,000), the Surety Company shall also comply with the following
provisions.
A. The Surety Company shall have at least the fol'owing minimum ratings in
the latest issue of Best's Key Rating Guide.
POLICYHOLDER'S REQUIRED
CONTRACT AMOUNT RATING FINANCIAL RATING
$ 500,000 TO 1,000,000 A- CLASS 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- CLASS VI
$50,00,000 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 reinsured 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 do 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.
CONTRACT 11-14