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HomeMy WebLinkAboutPerformance Bond BOND NUMBER: 3304558 14 TM .4AIA Document, A312 - 20110 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Naine, legal status and principal plane ADVENTURE ENVIRONMENTAL, INC.qf husiness) 160 GEORGIA AVENUE FOCI INSURANCE COMPANY TAVERN IER, FL 33070 6300 UNIVERSITY PARKWAY SARASOTA,FL 34240 OWNER: This document has important (Same, le al.gal status and address) legal consequences Consultation MONROE OUNTY BOARD OF COUNTY COMMISSIONERS with an attorney 1100 SIMONTON STREET,THE GATO BUILDING,ROOM 2-205 is encouraged with respect to KEY WEST,FL 33040 its completion or modification. CONSTRUCTION CONTRACT Any singular reference to Date:JANUARY 6,2026 Contractor,Surety,Owner or other party shall be considered Amount: $1,1 19,980 00 plural where apphcable. Description: (Name and location) ROCK HARBOR BREAKWATER REPAIR & SEAWEED BARRIER SYSTEM WATER QUALITY IMPROVEMENT PROJECT, MONROE COUNTY, FLORIDA BOND Date: JANUARY 6,2026 (Not earlier than Construction Contract Date) Amount: S 1,119,98&00 Modifications to this Bon& None See Section 16 CONT 'A TOR AS PRINCIPAL SURETY 0, (Cotporate Seadl Coni Cot orate Seal) V VF, �MENTAL,INC. 81"' -SURANC COMPANY -0 TL,.E ENVII 0 FC 16 UN C Si nature t ure "51 ' NameandDw­ :gM ATGII ATTORNEY-IN-FA CT y Titl � Carry atliti n gn tures appear on the last page of this Performanc(,Bond) (rOR INFOR X1A TION OAI Y—Name,a ddress and telep h oi i e) AGENT or BROKER: OWNER'S REPRESENTATIVE: MATSON-CHARLTON SURETY GROUP (Architect, Engjneer or otherparty:) 700 SOUTH DIXIE HIGHWAY,STE 100 CORAL GABLES,FL 33146 305-662-3852 Doc42529ri4 Bk#33631?ita2026 Recorded 1271,2026 1 4313,kt Page o(5 Filed and Rccordcd in Officiat Rccords of MONROECOUNTY KEVINVIIA11301K.CPA Init. AIA Document A312y--2010 Performance Bond.The American institute OfArchitecls. § 1 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 under 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 clays 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 far 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,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5A,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. Intl AJA Document A312w-2010 Performance Bond.The American InsUtuteofArch1teels. 2 I § 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 from the Contractor's Default,and resulting from the actions or failure to act of the Surety under 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 5A,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. § 1"I 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 and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under 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, Init. AIA Document A312* —2010 Performance Bond.The American Institute of Architects. + 113 § 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. .§ 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedpartles,other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: {Corporate Seal) Company. (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Init. - AlAGocumentA312*"-2010PertormanceBond.TheAmericaninstituteofArchitects.. 4 1 FCCIINSURANCE �.r�c�a,rr„ GENERAL POWER OF ATTORNEY Know all men by these presents: That the FOCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida(the "Corporation") does make, constitute and appoint: DW Matson, 111; John W. Chariton Each, its true and lawful Attorney-In-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): $20,000,00U0 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 facsimile 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'Beal to be hereunto affixed" this 23rd day of July 2020 Attest; Christina D.Welch, President Christopher Shoucair, FOCI Insurance Company StI' 4% VOWEVP, CFO,Treasurer, Secretary FOCI Insurance Company State of Florida „w„ 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, p y commission expires: 2/27/2027 PEWrMM CWWA&jW#HN3XW � Nctaryrm 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. PEGGMN My commission expires; 2/27/2027 #CWVWUbft �c 3µ�3� 7",6;°LID + � r . a' Notary Public CERTIFICATE I 1, the undersigned Secretary of FOCI Insurance Company, a Florida Corporation, DC HEREBY CERTIFY that the foregoing Power of Attorney remains in full fora; and has not been revoked; and furthermore that the February 27„ 2020 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force.. Dated this 6TH day of JANUARY 2026 Christopher Shoucaur, EVP, CFO,Treasurer, Secretary ; FOCI Insurance Company 9-IONA-3592-NA-04, 712021 I