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,