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HomeMy WebLinkAbout2006-1381747410 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2025 PG: 1536, 04/28/2006 10:38 AM •' n a_ a A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BOND NO. SSB381278 THIS BOND SUPERCEDES AND REPLACES ROND NO. 5810973 PREVIOUSLY ISSUED BY WESTFIELD INSURANCE COUmANY SECTION 00610 - performance Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we LUCAS MARINE CONSTRUCTION. LLC M business address, and telephone number of PdncipalfConimrder) (Insen name, Principal business address, and talaphone number or Surety) are held and firmly bound unto the County of Indian River, Florida, 1840, 25th Street,. Vero Beach, Florida 32960, (561-567.8000), TWO MILLION SEVEN HUNDRED THIRTY SIX in the sum of THOUSAND- SIXTY ONE AND 09/lOOTHS - Dollars ($15 736,061.0% amounting to 125% of the total bid price. For the payment of said sum webind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 17 day of 'SAnw :iC , 200/a entered into between the Principal and the County of Indian River, for. Bond Number. SSB381278 . Project Name: Oslo Road (CR 505) / Lateral J" Canal Bridge Replacement County Project Number. 07056 Project Address: Oslo Road (CR 606) at Lateral "J" Canal between 12'" Avenue & Old Dale Highway Project Description: Oslo Road (CR 606) /Lateral "J" Canal Bridge Replacement A copy of said Contract is Incorporated hareln by reference and is made a part hereof as if fully copied herein. Florida Statutes Section 255.05 (2002), as amended from time to time, together with all notice and time provisions contained therein, Is incorporated herein In Its entirety by this reference. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall In all respects comply with the terms and conditions of said Contract and its obligations thereunder,. including all of the Contract Documents therein referred to and mad. a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall Indemnify the County of Indian River as set forth in the Contract, in the execution or performance of said Contract, and further, if the Principal shall Promptly make payments to ell who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this �� obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obllged to pay for the completion of said Work, by contract or otherwise, and any r416% a damages, whether direct, indirect, or consequential. Including reasonable attorney's fees (including appellate proceedings), which the CountyofIndian River may incur as a result of the failure of the Principal to property execute all of the provisions of the Contract. ' 00010- PertomeeneB BcrA 2006041 00810.1 FY49M WaYtCeMM FtiMPDMgeH,.M".i ABip OCalMExeg¢ypBnaBr10>w[mmse lbn]aAW I hCan, MNI SK: 2025 PG: 1537 A TRUE Copy CERTIFICATION ON LAST PAGE J.K BARTON, CLERK AND, the said Principal and Surety hereby further bind themselves; their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, -damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the Infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provisions lie within their obligations and wthin the policy coverages and limitations of this Bond. AND, the said Surety, for value received, hereby stlpulales and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby walve notice of any such change, extension of time, allegation or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this day of, 20 , the name and corporate seal of each corporate party baing hereto affixed and these presents duty signed by its undersigned representative, pursuant to authority of its governing body. Signed, seated an liveredin the presence of: Signature Address Primed of Individual Witness [The remainder of this page was left blank intentionally) 00610 - Pertommnce SOW 200 eaI carvervmrorwu heFO�Vfvpaala.ni,npb oocuucursmxw anio.rwwm N, RwW lamp..w, BK: 2025 PG: 1538 and delivered In the presence of: Name of Partnership BY: Partner Printed Name of Witness Address (SEAL) Signed, sealed and delivered In the pre9drice of: Witness / Name of BY: Partner Printed Name of Partner [rhe remainder of this page was left blank intentionally] A TRUE COPY CERTIFICATION ON LAST IX BARTON, CLEM( PAGE 00610 � PQHo Dn amd 20 6 1 MRAiu MciVLgyyl�aV(1p PMG toxo JlB9SOCUMHJfE NMN1 CMnu-M 10. 3 . n.ew..�+a. eme rvoew.m m., vsn BK: 2025 PG: 1539 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTONj CLERK WHEN THE PRINCIPAL IS A CORPORATION: Attest: ecratary Name of C ?�Iar LLC BY (Affix Corporate SEAL) Printed Name vj*W Offic: 'alTiltle VI(15- MZ516FAIT CERTIFICATEAS COLVORATE PRI14CIPAL I -Ilmt? Korule-uez I certify that I am the Secretary of the corporation named as Principal in the within bond; that W DI E V= Oj AA( who signed the said bond on behalf of the Pul v1pal Was Than y1f.-E. Me�;Ihmr of said corporation: that I know his signature, and his signature thereto is tenuine; and that said Sond was duly signed, sealed and attested for and on behalf of Said c7olio rpora.�ny authority of Its governing body. Secretary (SFAL) TO BE EXE 3LITED BY CORPORATE SURETY: Attest: Socr6tary Corporate Surety RLI INS�a WIVA� Business AAdress !r N. LIMBEnH DMW DIA 1A, I�L &Z 61615 0 BY: a SEALI aNNIMR L. MCUUA Altumay-In-Fact& FIDRIM LIMNSED USMEPrr AGENT' Name of Local Agency GMGN� COWA" INQUIRTES: (407) 834-0022 Business Address 1904 1300]CM C19aE 11 WNGWXD, FL 32750 ;M [The remainder of this Pago was left blank intenliqnallyl . OWIU.d BK: 2025 PG: 1540 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared JENNIFER L. HCCARTA , to me well known. who beinn by me first duly sworn upon oath, says that he is the attomey-in-tact for the RLI INSURANCE COMPANY and that he has been authorized by RLI INSURANCE COMPANx to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 27TH _ day of MARCH , 20,x. ,A'NLEEN A. CLAWSON RATHLESN A. CIA so �� f Notary Public, State of Floridawmp v Pubitc, State of Florida u,, ccmm. exp. Aug. 309 2008 My Commission Expires: AUGUST 30, 2008 Cmnm. No. DO 351092 ...1.1 ..... 1.........,.....«................................................................................ Any claims under this bond shall be addressed to: Name and address of Surety: RLI INSURANCE COMPANY 9025 N. LINDBERGH DRIVE IL 61615-0000 Name and address of agent or representative in Florida it different from above: GUIGNARD COMPANY 1904 BOOTHE CIRCLE LON4WOOD2 n 32750 Telephone number of Surety and (800) 430-1386 agent or representative in Florida:4( 0I 1 834 - 002 • . END OF SECTION' BK: 2025 PG: 1541 BOND NO. SSB381278 THIS BOND SUPERCEDES AND. REPLACES BOND NO. 5810973 PREVIOUSLY ISSUED BY NESTPIELD INSURANCE COt?PANY SECTION 00612.- Payment Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we LLC (Contractor), (Insert name. pdnclpsl business address, and telephone number of PrincipalfContracto) A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK as Principal and RLI INSURANCE CONPANY X9025 N. LINDBERGH DRIVE.. PEORIA, IL 61615-0000 ,(309) 692-1000 a corporation, as Surety, (Insert name, principal business address, and telaphone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1840, 25th Street. Vero Beach, Florida 32960, (561567-8000), WO enLLION ONE HUNDRED EIGHTY in the sum of EIGHT THOUSAND EIGIa' HUNDRED EORTY NIGHTS 87/100TH5 Dollars 1$2,188048.87), amounting to 1000/6 of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated-the.I,J 7 day of . 54"wp ttr , 20 0 oL entered into between the Principal and the County of Indian River, for: Bond Number. SSB381278 Project Name: Oslo Road (CR 06:1 Lateral "J" Canal Bridge Replacement County Project Number: 97056 Project Address: Oslo Road (CRH0If at Lateral "J" Canal between t2° Avenue 8012 Dixie HI hway Project Description: Oslo Road (CRs061 et Lateral "J" Canal.Bridge Replacement A copy of said Contract Is Incorporated herein by reference and Is made a part hereof as if fully copied herein. NOW, THEREFORE,THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as heraln below defined, then this obligation shall be void; otherwise, this Bond shall remain In full force and effect, subject to the following terms and conditions: 1. A claimant, as defined in Florida Statutes Section 255.05(t), supplying Principal with labor, materials, or suppries, used directly or Indirectly by Principal In the prosecution of the Work provided for in the Contract 2. Florida Statutes Section 255.05 (2002), as amended from time to time, together with all notice and time provisions contained therein, is incorporated herein in Its entirety by this reference. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder 00612- Payment Bend 2006041 [MWc W.RIyyORI,c 00812-1 Nrsnr Glee lnt,J.l9i0 mcuum+nsweon�om¢.v.n,� mwaww,ea<w.. nsn, BK: 2025 PG: 1542 A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTONr CLERK or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of addition to the terms of the Contract, or to the Work or to the or Specifications. The Surety represents and warrents to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class MX". [Select either SUBSTANTIAL or FINAL completion in the paragraph below] The principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of SubstantiaVFinal Completion as established on the Certificate of Substantial/Final Completion as issued by the County of Indian River, The Principal and Surety jointly and severally, agree to pay the County of Indian River an losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. [The remainder of this page was left blank intentionally] Iris bond is given to comply with Section 255.05 Florida Statutes, and 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. 00912 Payment Bond 20080ae .r�oruw,nec a 00912.2 Te PIOpeHO,bnW 4lera J.p000NN6a1deWN,la'Y01}. PeyTTiOmJSM1WeI Owfle�. MOe BK: 2025 PG: 1543 A TRUE Copy CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this day of 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. and delivered in the presence of: Witness \ Signature of Individual Printed Name of Individual Witness Address Signed, sealed and delivered in the pres ce of.. Name of Emity Witness Address Principal Printed Name f Principal Witness (SEAL) Address WHEN THE PRIN AL IS PARTNE SHIP: Signed, sealed nd delivered In the presence of: Witness Name of Padnem BY; Ad ass Partner W612-3 Ms 12-r•eymen13vy 20DBoa1 F.N4tll^Y/^nALWIINROVECYf ryey Lunl Jilq MCUNW?StT.IC+Ib jS.6,"j ii E3NW Il M0101 BK: 2025 PG: 1544 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK Printed Name of Partner WHEN THE PRINCIPAL. IS A CORPORATION: hae ' 7/ LUCAS MARINE CONSTRUCTION LLC Secretary Name of Corporation O (Affix Corporate SEAL) IA1fne b) y A1W Printed Name _VICE- eusaI FdLK Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I _IDb� W KWE LLL. , certify that I amt a Secretary of the corporation named as Principal in the within bond; that, who signed the said bond on behalf of the Principal was then ICE- T of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on a f Sald oorpo tion by authority of Its governing body. SeSe rd stary' (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Attest: nrdatq! RLI INSURANCE C ANY \, ecr— Corporate Surety 9025 N. LINDBERGH DRIVE, PEORIA, IL 61615-0000 ` Business Address BY: RL. M , ACf 6 FLORIDA ICENSEO USI RML AGENT OOB12-6 oa812. PdMM POW RWO041 clewik WeM`4 eP�M p�W1LV WbRM> LMiNIBut NGUUEML 9bµV1VL113-p�T^ry hM dY9W Iispry. pygl BK: 2025 PG: 1545 ATRUE COPY CERTIFICATION ON LAST PAGE JX BARTONrCLERK (Affix Corporate SEAL) JENNIFER L. MCCARTA Attomey-In-Fact & FLORIDA LICENSED RESIDENT AGENT GUIGNARD COMPANY Name of Loral Agency 1904 BOOTHE CIRCLE, LONGWOOD, FL 32750 Business Address INQUIRIES: (407) 834-0022 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personalty appeared JENNIFER L. MCCARTA , to me well known, who beinq by me first duly sworn upon oath, says that he is the attorney-in-fact for the RLI INSUIDNCE COMiPANY . and that he has been authorized by RLI INSURANCE COMPANY to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor d the County of Indian River, Florida. Subscribed and swom to before me this 27TH day of MARCH , 2006 �azre.p Q N tary Public, State of Florida KATHLEEN A. CLAWSoNKATHLEEN A. CLAWSON Notary Public, State of Flo"a My Commission Expires: AUGUST 30 2008 My comm. exp. Aug- 30, Comm. No. DO 351092 Any claims under this bond shall be addressed to: Name and address of Surety: RLI INSURANCE COMPANY 9025 N. LINDBERGH DRIVE PEORIA. IL 61615-0000 Name and address of agent or reprasemathre in Florida If different from above: GUIGNARD COMPANY 1904 BOOTEE CIRCLE YSL`Inllet) REAR ip<, Telephone number of Surety and (800) 430-1386 agent or representative in Florida ( 407 1 834 - 0022 END OF SECTION' " 0063x- PayRmm sono zonswr 00612 - 5 l:wMc WSY,Gp1u1 gggp,b RmeµlN ldW DOCVMENi POCEM,Npp,! - lexgi bnJ SYip,,pz Ra. YA, BK: 2025 PG: 1546 Company RL, RLI Surety P.O Box RL Peoria, ILI Inninince61612-3967 Phonc: 309.692 -IM Fax: 309.692-8637 Know All Men by These Presents: STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. J.K. BARTON, CLERK BY �ti dCO�N)�Co EPUTY CLT EERK /^ `+"'.•..: 'o DATE POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorities; executed, but may be detached by the approving officer if desired. That RW Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Jack W. Gui ard Breda R. Gui and M. GarerFraticis, April L. Lively, Pan[ J. Clambrieliu�Jennifer_L,,MeCarm.Mar¢ie Mo sy__.-_.,-__ Brett Ra¢land 'ointly or seyeJiLlly._. - _._ in the City of Longwood , State of _ ___—Florida its true and lawful Agent and Attorney in Fact, with full power and authority hereby confemed, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizarim in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit "All bonds, policies, undertakings, Powers of Attorney or other obligations of rhe corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of my such officer and the corporate seal may be printed by facsimile." M WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice -President with its corporate seal affixed this 20th day of March 2006 State of lllhrois 11 County of Peoria I SS 104111"011#100 po", c.WvoaaCO Qty: i SEAL .•' lit On this 20th- day of _ March , —2M, before rne, a Notary Public, personally appeared _ noyC n: who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Chene 1. long. �� RLI Insurance Company By: Roy C. Dic Vice -President ERTIFICATE 1, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Iffirms, do hereby certify thin the attached Power of Attorney is in full force and effect and is Irrevocable; and furthermore, that the Resolution of the Comisomy as set forth in the Power of Attorney, is now in force. In testimony whereof, 1 have hereunto set my hand and the seal of the RLI Insurance Company this day of r ' it RLI Insurance Company By. Roy C. Die �. Vice -President ANS9106 Vot"10101d,