HomeMy WebLinkAbout(#30) DBT Transportation Services3120240052480 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 3734 PG: 2064, 11/1/2024 4:12 PM
Bond No.61BSBIW8778
PERFORMANCE BOND
BY THIS BOND, We DBT Transportation Services, LLC , as Principal,
hereinafter called Contractor, and Hartford Fire Insurance Comaany , as Surety, are bound to the City
of Sebastian, Florida, as Obligee, hereinafter called City, in the amount of
One Hundred Twenty Seven Thousand Five Hundred Fifty and 00/100 Dollars ($ 127,550.00 ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, No. 24-16-
RFP, Sebastian Municipal Airport Automated Weather Observing System (AWOS)
Upgrade and Maintenance awarded the 161 day of October 2024, with City which Contract
Documents are by reference incorporated herein and made a part hereof, and specifically include
provision for liquidated damages, and other damages identified, and for the purposes of this Bond are
hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if the Contractor:
1. Performs the Contract between Contractor and City for Sebastian Municipal Airport Automated
Weather Observing System (AWOS) Upgrade and Maintenance, the Contract being made a part of
this Bond by reference, at the times and in the manner prescribed in the Contract; and
2. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees, including appellate
proceedings, that City sustains as a result of default by Contractor under the Contract; and
3. 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 AND EFFECT.
4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having
performed City obligations hereunder, the Surety may promptly remedy the default, or shall
promptly:
a. Complete the Project in accordance with the terms and conditions of the Contract
Documents; or
b. Obtain a bid or bids for completing the Project in accordance with the terms and conditions
of the Contract, and upon determination by Surety of the lowest responsible Bidder, or, if
City elects, upon determination by City and Surety jointly ofthe lowest responsible Bidder,
arrange for a contract between such Bidder and City, and make available as Work
progresses (even though there should be a default or a succession of defaults under the
Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the Contract Price; but not exceeding, including
other costs and damages for which the Surety may be liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by the City to the Contractor under the
Contract and any amendments thereto, less the amount properly paid by the City to the
Contractor.
BK: 3734 PG: 2065
No right of action shall accrue on this bond to or for the use of any person or corporation other than
City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents
and compliance or noncompliance with any formalities connected with the Contract and that any
changes do not affect Surety's obligation to perform under this Bond. 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.
Signed and sealed this 24th day of October
WITNESSES:
(Secretary)
(CORPORATE SEAL)
(Notary required for Contractor's Signature)
,20 24
CONTRACTOR
DBT Transportation Services, LLC
(N a of Corporation)
By: Z� &���lin,
(Signature)
Ni cif hGineS C L" 0
(Print Name and Title)
Hartford Fire Insurance Company
IN URANCE 1VIPAP(7(:
By:
Denise Raker, Attorney-it±=Fsct
Address: One Hartford Plaza-`
(Street)
Hartford, Connectieu t -06155-0001 1 {
(City/State/Zip Cods), -�
Telephone No.: 860-547-5000
Sworn to and subscribed before me this _ day of 404-t06 l V
Personally known V
Or produced identification Notary Public — State of V t 9
-rN AZWO n/ My commission expires 11 11b /Z 0 1&
(Type of Identification)
(Punted, typed, or stamped commissioned name notary public)
JAMES HARIZELL
NOTARY PUBLIC • STATE OF OHIO
Commission No. 2016-RE-617593
My Commission Expires Nov. 16, 2026
BK: 3734 PG: 2066
Direct Inquides/Claims to:
THE HARTFORD
POWER OF ATTORNEY Hartford H�°� ut06155
Bond.Cl aimsidithehartford.com
call.8884663488 or fax: 860-757,M5
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: HIGGINBOTHAM INSURANCE AGENCY INC
Agency Code: 61- 615 3 8 8
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
® Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
QTwin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Q Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies*) do hereby make• constitute and appoint,
up to the amountof Unlimited :
Christopher Kolkhorst, Michael Maddux, Denise Raker, Dudley C. Ray, Sandra Villegas
of HOUSTON, Texas
their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
��� �1..5.:�.�: e►.iir bras � �`+oTa� +ste
Shelby Wiggins, Assistant Secretary Joelle L. taPierre, Assistant Vice President
STATE OF FLORIDA
55. Lake Mary
COUNTY OF SEMINOfi
On this 20th day of May, 2021, before me personally came Joelle LaPiefre, to me known, who being by me duly sworn, did depose and say: that
(s)he resides in Seminole County, State of Florida; that (s)lie Is the Assistant Vice President of Bre Companies• the corporations described in and which
executed the above instrument; that (s)he knows the seals of the said corporations: that the seals affixed to the said instrument are such corporate seals;
that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.
�(a Jessica Ciccone
?yr rid!: My Cpmmissipo t$1 =80
Exp= Juw 20. 2025
I, the undersigned, Assistant Vice President 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 is still in full force effective as of the 24th Octoer , 2 0 24
Signed and sealed in Lake Mary, Floddi.
•
a
Kefth D. Dozois, Assistant Vice President
BK: 3734 PG: 2067
Bond No.61BSBIW8778
PAYMENT BOND
BY THIS BOND, We DBT Transportation Services, LLC , as Principal, hereinafter
called Contractor, andHartford Fire Insurance Company , as Surety, are bound to the City of
Sebastian, Florida, as Obligee, hereinafter called City, in the amount of
One Hundred Twenty Seven Thousand Five Hundred Fifty and 00/100 Dollars (S 127,550.00 ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into Contract, No. 24-16-
RFP, Sebastian Municipal Airport Automated Weather Observing System (AWOS)
Upgrade and Maintenance awarded the 161 day of October 2024, with City which Contract
are by reference incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred
to as the "Contract'; THE CONDITION OF THIS BOND is that if Contractor.
1. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees including appellate
proceedings, that City sustains because of default by Contractor under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor,
materials and supplies used directly or indirectly by Contractor in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING
CONDITIONS:
a. A claimant, except a laborer, who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within forty-five (45) days after
beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish
to Contractor a notice that he intends to look to the bond for protection.
b. A claimant who is not in privity with Contractor and who has not received payment for its
labor, materials, or supplies shall, within ninety (90) days after performance of the labor or
after complete delivery ofthe materials or supplies, deliver to Contractor and to the Surety,
written notice of the performance of the labor or delivery of the materials or supplies and
of the nonpayment.
c. No action for the labor, materials, or supplies may be instituted against Contractor or the
Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been
given.
d. Any action under this Bond must be instituted in accordance with the longer of the
applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or
Section 95-11, Florida Statutes.
3. The Surety hereby waives notice of and agrees that 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 the Surety's obligation under this Bond.
Signed and sealed this 24th day of October 20 24 .
BK: 3734 PG: 2068
WITNESSES:
(Secretary)
(CORPORATE SEAL)
(Notary required for Contractor's Signature)
CONTRACTOR
DBT Transportation Services, LLC
(Nvf Corporation)
By, 94z'' yytw
(Signature)
NICK Ha;ne5 CEO
(Print Name and Title)
Hartford Fire Insurance Comoanv
INS CE C ANY:
By: ;
Denise Raker, Attomey :ili-Fact �•.
Address: One Hartford Plaza
(S)
Hartford, Connecticut 06155-0001"
(City/State/Zip Code) --
Telephone No.: 860-547-5000
Sworn to and subscribed before me this 1.4-t-k day ofF144it-pe.
G'r o b e r . 20-2�1
either in person or _ via electronic means by as the
G of D 6 n µ ,;.,and who is:
Personally known
Or produced identification as follows:
NOTARY SEAL:
No Public — State of 5dW
My Commission expires on: A%D V I
JAMES HARTZELL
NOTARY PUBLIC - STATE OF OHIO
Commission No 2016-RE•617593
My Commission Expires Nov. 16, 2026
BK: 3734 PG: 2069
Direct Inquides/Claims to:
THE HARTFORD
POWER OF
ATTORNEY
�°� 06155
HartfOneoorrd,,C
Bond.Cia ImsO.thehartford.com
craft: 888-266-3488 or fax: 860-757-W35
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: HIGGINBOTHAM INSM; ANCE AGENCY INC
Akreney Code: 61- 615 3 8 8
0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
O Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Q Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies') do hereby make, constitute and appoint.
up to the amount of Unlimited
Christopher Kolkhorst, Michael Maddux, Denise Raker, Dudley C. Ray, Sandra Villegas
of HOUSTON, Texas
their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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, and as authorized by a Resolution of the Board of Directors of the Companies on May 23. 2016 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
• t�+ _ ;
>tsts
rtw" e.,,. . •�c,M� ti,r
Shelby Wiggins, Assistant Secretary Joelle L LaPiere. Assistant Vice President
STATE OF FLORIDA
ss. Lake Mary
COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known. who being by me duty swom, did depose and say: that
(s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above instrument that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;
that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.
AlPM: )esaw `C'(iceooc/(/••aYj��
or fM1, MyCwmusdan HH 122280
Exits June 20, 2025
I, the undersigned, Assistant Vice President 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 Is still in full force effective as of the 24th October, 2024
Signed and sealed in Lake Mary, Florida.
...r :�r�; ►var ^� ! � ./" ass •
• •. csw" • h „wn 4r.
Keith D. Dozois, Assistant Vice President