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HomeMy WebLinkAboutPayment Bond BOND NUMBER: 3,304558 DocumentA3121 TM - 2010 Payment Barad CONTRACTOR: SURETY: (Naine, legal stattis and address) i'Mime, legal status and principal place ADVENTURE ENVIRONMENTAL, INC. of business) 160 GEORGIA AVENUE FCCI INSURANCE COMPANY TAVERNIER, FL 33070 6300,UNIVERSITY PARKWAY SARASOTA,FL 34240 OWNER: This document has important (Name, legal status and address) legal consequences Consultation MONROE COUNTY BOARD OF COUNTY COMMISSIONERS with an attorney 1100 SIMONTON STREET,THE GATO BUILDING,ROOM 2-205 is encouraged wdh respect to KEY WEST,FL 33040 its completion or modification CONSTRUCTION CONTRACT Any singular reference to Date:JANUARY 6,2026 Contractor,Surely,Owner or Amounc $1,119,980.00 other party shall be considered Description: plural;where applicable. (Norne and location) ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FLORIDA BOND Date: JANUARY 6,2026 (Not eorlier than Construction Contract Date!) Amo6rii,,,'S 1,1 19,980.00 Mod,00,(Iiitio"'ns this Bond: None See Section 18 CONTRACTM k"S PRINCIPAL SURETY C49f1pa!iy' v (Cotporate Seal) Company (Cotporale Seal) AQVC�ITUP,',�NVI NM!ENTAL,NC. FOCI INSURANCE COMPANY �1�.............= %gnature: Signature l Name an eA q Name a _1371j�Ey.'FACT Tal e: v Title: , xvi (Attu a I�10`1-1, signatures appear on the last page of this Pavnient Bond,) (rOR INFORA1.4 TION OAIL Y—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: MATSON-CHARLTON SURETY GROUP (Architea Engineer or otherparrv.-j 700 SOUTH DIXIE HIGHWAY,STE 100 CORAL GABLES, IFL 33146 305-662-3852 Ei4w#2529'873 Bk#3363 Pg#2021 Record[cd 1!27/2()`() 1:41; pM Page of 5 Filed=d Recorded in Official Records of MONROCCOUNTY KEV1NMAD0kCPN Init. Tli6o""cument A312 2010 Payment Bond,The Aryterican institute of Architects. § 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and assigns to the Owner to pay for labor,materials and 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,Iiens 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,Iiens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment fumished,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 CIaimants,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 name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(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 senta 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 under Section 5.1.1. § 7 When a CIaimant 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: § 7.1 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. § 7.3 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.If,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 amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for anypayments 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,underany 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 A312*"-2010 Payment Bond.The American InstituteofArchltects. 2 § 10 The Surety shall not be Iiable to the Owner,CIaimants 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 under this 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 under 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(I)or(2)first occurs.If the provisions ofthis 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 furnished to comply with a statutory or.other Iega1 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 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: .1 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 furnished; .5 the date on which the Claimant last performed labor or Iast 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 famish 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. AJA Document A3127"—2010 Pavment Bond.The American Institute of Architects. 13 1 § 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 tetra 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; (Space is provided belowfor 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: Ink. AJA Document A3121m.—2010 Payment Bond.The Amedcan Institute of Architects. 4 1 INSUKANCE FCC IGRO&T GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws,of the State of Florida (the "Corporation") does make, constitute and appoint: D.,W. Matson, 111; John W, Chariton Each, its true and lawful Atto rney-1 n-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of(not to exceed $20,000,000.00)-1 $20,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution,also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimfle seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FOCI Insurance Company has caused these presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 23rd day of July-, 2020. Attest'. 4 A- A,- Christina D.Welch, President Christopher Shoucair, FOCI Insurance Copany SEAL 41A 1 EVP, CFO,Treasurer, Secretary FOCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the,foregoing document for the purposes expressed therein. My commission expires: 2/27/2027 ow Notary Public State of Florida County of Sarasota Before me this day personally appeared Christopher Shoucair, who is personally known to me and who executed the foregoing document for the purposes expressed therein. PEOGYNOW My commission expires: 2/27/2027 C4M*iUM#HH32M E*"WOMY V,aw, Notary Public CERTIFICATE 1, the undersigned Secretary of FOCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020 Resolution of the Board of Directom,, referenced in said Power of Attorney, is now in force, Dated this 6TH day of JANUARY 2026 01, Christopher Shoucair, EVP, CFO, Treasurer, Secretary FOCI Insurance Company 1-10NA-3592-NA-04, 7120211