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Home My WebLink About2007-064182434VER CO DED IN THE PRECORDS OF JEFFREY 04D13NtCLERK CIRCUIT COURT INDIAN . _15 -07 Ca> PERFORMANCE & PAYMENT BOND (Public Work) is compliance with U.S. Chapter 255.05(t)(s) Contractor: S.P.S. Contracting, Inc. Name: 9015 Americana Road Suite 1 Address: Vero Beach, FL 32966 Phone No. (772) 778-4878 Surety: Fidelity and Deposit Company of Maryland Name: 863 Creston Dr. Phone No. (407) 629-1955 Address: Maitland, FL 32751 Owner: Indian River County Name: 1840 25th, St, Address: Vero Beach, FL 32960 Phone No. (772) 567-8000 Obligee: (if contracting entity is different from the owner, the contracting public entity) Name: Same Address: Phone No. Bond Amount: $ 4,176,998.08 Contract No. (ifappiicable): — DescrpitonofWork: Phase II Force Main West Wastewater Transmission System Project Location: Legal Description: FRONTPAGE All other page(s) are deemed subsequent to this page regardless of any page number(s)that maybe re- printed thereon. A TRUE Copy CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 2138 PG: 1363 SECTION 00610 Bond x108805699 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, We S.P.S. Contracting, Inc. - 9015 Americana Rd., Suite #I, Vero Beach, FL 32966 (772) 778-4878 as Principal end "' Fidelity ti Deposit Company of Maryland - 863 Creston Dr., Maitland, FL 32751 (407) 629-1955 " WSERT NAME, PRiNOWAL BUSINESS ADDRESS, AND PHONE NUMBER OP THEpNTpAOMRR " INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF THE THEW lurlure it o� N t n Q7e _ ,� f In tan Rlvor, Florida, in the sum of e un re ne v- ¢ t " 4.176.998.0 126°/a of the total yid -- ----- �) amounting to price. For the payment of said sum ws bind ourselves, our heirs, executors, administrators end assigns, jointly and severally, for the faithiul performance of a certain written Contract, dated the J3 day of F arMecl 20 z, entered Into between the Prinolpal and the Courtly of Indian River, far: Project Name: Fora Main Construction for the West Wastewater Transmission System, Phase 2 County Project Number: UCP -2628 County Bid Number. 29 CDBG Contract p: A Project Location: Intersection of 58th Avenue and 5th Street SW east to 20" Avenue, south to Olso Road, east to LS 89 Project Description; FUmish all labor', equtpment, and materials necessary to construct approximately 10,205 -LF of 24 -Inch foroen*n including, but not neaessarpy limited to, a total Of 2830 -LF horizontal directional ddll at three (3) locations, all fillings, pipe, appurtenances, Gearing, restoration, and all testing as shown on the drawings and as depicted in these docunwts. A copy of said Contract including all Contract Dooumsntc therein referenced and made a part thereof is inoorporef®d hereln by reference end is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that If the Principal stall in all respects perform in aoaortlance with the lernrs'and conditions of the Corrtraot and its obligations thereunder at the times and in tate manner prescribed in the Contract, and shall Indamnlfy and save hamtless the County of Indies River as set Forth in the Contract and in the parformarwe of the work trader the Contract, and further, if the Principal Promptly make payments to all olairwis, as defined In Fforfda statutes Section 255.1)5� ( )() as amended from time torime, who supply him with labor, services, or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in saki Contract, then this obligation shelf be null and void; 00W)Nl5e1 the Principal and Surety, jointly and severalty, agree to pay the County of Indian River any difference between the sum 044572016 00610-1 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK EK: 2138 PG: 1364 02/16/2007 09:45 5727705107 PURCHASING FAZE 02 AND, the said Principal and Surety hereby further bind themselves, their suocesaors, executors, administrators and assigns, jointly and severally, that they will empty and fully protect the County of Indian River against, and will pay any and all losses, damages, expenses, costs and attorney's fees which may be recovered against or which the County of Indian River may be caged upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenenoe 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 otherwlae. AND, the said surety, for value receNed, hereby 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 aecompanylng the same, shall In any way affect its obligations on this Bond, and it does hereby wants notice of any suoh change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. The Surety agrees that the Iiqukfeted dunnages provisions of the Contract are expressly covered by this Bond. 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 peruse executed this Instrument under their several seals, this 2�/— day of Fly 20�, the name and corporate seal of each corporate party being hereto affb*d aril these presents duty signed by its undersigned representative, pursuant to suthority of its govemhV body. Nf NMffNNM.•NMN.NNNNNSNN�ff�NffNNMffyffAMII,}NANNf 1wf.if NHi...NNf f„NIf f Nf �NINf WHEN THE PRIMAL IS A pA e+Gwcwre• e Name of Partnership SY: Partner Printed Name of Partner Witness (SEAL) Address �NfMM1It/I,1rH1NMM�N�MYNN�NNNiNNMf,M*NNNYI�NfN.IfNIkNNiMHNNMfNMi.aMYMN4NY�N A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK l BK: 2138 PG: 1365 02/16/2807 09:45 5727705107 ON: PLRCJASING AttesF -y/- ,(�1 S.P.S. Contracting, Inc. cm ry Deborah Smith Rime pf rate SEAL) Dennis Smith Printed Nerve Vice -President Official Tale CER11PICM AsTO CO p0 RATL PRINPIpAL Deborah Smith ceMfy that I am the Secreta Principal In the within bond; that Dennis Smith r1 4f the corporation named as behalf of the principal was then Vice -President who signed the said bond on his signature, and his signature theroto as of said corporation: that I know and ted for and on b genuine; and that said Bend was duly signed, seated Said corporation by authority of Its goveming body- Secretary (SEAL) ` 7 TO BE EXECL:TFD BY CORPOR&T E'rv; • "' " ` ' k, AV. .......,.,o` Fidelity b Deposit Company of Maryland SeCrelary ane F. Harris Corporate SUtety 863 Creston br. Maitland, FL 32751 PAGE 03 (Affix Corporate SEAL) BY: =- J n S. Harris Atttbmay-In-Fact Coastal Bonding, Inc. Name Ot Local Agency 11924 Forest Hill Blvd., Suite #22-323 Wellington, FL 33414 Business Address 044572096 00810 - 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK rpOfaflOn BY. Dennis Smith Printed Nerve Vice -President Official Tale CER11PICM AsTO CO p0 RATL PRINPIpAL Deborah Smith ceMfy that I am the Secreta Principal In the within bond; that Dennis Smith r1 4f the corporation named as behalf of the principal was then Vice -President who signed the said bond on his signature, and his signature theroto as of said corporation: that I know and ted for and on b genuine; and that said Bend was duly signed, seated Said corporation by authority of Its goveming body- Secretary (SEAL) ` 7 TO BE EXECL:TFD BY CORPOR&T E'rv; • "' " ` ' k, AV. .......,.,o` Fidelity b Deposit Company of Maryland SeCrelary ane F. Harris Corporate SUtety 863 Creston br. Maitland, FL 32751 PAGE 03 (Affix Corporate SEAL) BY: =- J n S. Harris Atttbmay-In-Fact Coastal Bonding, Inc. Name Ot Local Agency 11924 Forest Hill Blvd., Suite #22-323 Wellington, FL 33414 Business Address 044572096 00810 - 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 2138 PG: 1366 02/16/2807 09:45 5727705107 PLRCHASSNG PAGE 04 STATE OF FLORIDA COUNTY OF INDIAN RIVER =* �' • 3Jo ry Public i q ODD308378 o O 45 My Commission Expires: r vo • END OF SECTION " 044572015 0001D-4 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 2138 PG: 1367 02/16/2007 09;45 5727705107 PURCHASING GAGE 05 SEC ()N 00612 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: BYTHISSOND,We• S,P`8, Contracting, Inc. - 9015 Americana Rd., suite _#]. Vero Beach FL 32966 (772) 778 4878 as Principal and Fidelity S Deposit Company of Maryland - 863 Creston Dr. , Maitland. FL 32751 (407) 629-1955 _ 1NSERrNAME, PRWMAL &USINESS ADDRESS, ANo CNONE NUMaER OR7/r,�' �NTR4CTOR q` M aERT MANX PRMPAL EUSN�VrMS,,ADDRESS, AND PHOW NUAMM pF 7NE $�ve�Hun�r�`eY`4t nn y�g €`k ` �j �� 3 Rive98 41011de, In the sum Of 1009b Of the total bid rice. For the ), amounting to P payment of said sum we bind ourselves, our heirs, M6 administrators and assigns, jointly and severaAy, for the faithful pertomrance of a cattalo wriKen Contract, dated the . /3 day of J�Fe e�raeY X0 entered Into between the Prindpai and the County of Indian River, for Project Name: Force Main Construction for the West Wastewater Transndaelon System, Phase 2 County Project Number; UCP -2628 County Bid Number. 2007028 CDBG Contract P. N/A Project Location: Intersection of 58th Avenue and 5th Street SW east to 2& Avenue, south to Oso Road, east to LS 88, Project Description: Furnish all labor, equipment, and materials neessaary to construct appro)dmatety 10,206 -LF of 24 -Inch forcemain including, but not necessarily Ilmited to, a total of 2530 -LF horizontal directional drill at three (3) locations, all fittings, pipe, appurtenances, clearing, restoration, and all testing as shown on the drawings and as depicted in these documents A copy of said Contract including aN Contract Documents therein referenced and made a part thereof is incorporated herein by reference and Is made a part hereof as if fully coped herein. NOW, THEREFORE, THE CONDITIONS OF THIS OSUGATION ARE SUCH, that, if the Prindpal shall promptly make payments to a0 claimants, as defined below, then this obligation shall be void; otherwise, this eontl shall remain in full force and effect SUNeet to the following terms and conditions: 1. A claimant is defined as any person supplying the Principal with labor, materials or supplies, used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract and is further defined In Florida Statutes Section 713.01. 044672015 00812 -1 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 2138 PG: 1368 02/16/1007 09:45 5727705187 rT7i!A I0T PAGE 06 2. The provisions of Florida statutes Seofion 253.06 together with all notice and time Provisions contained in Florida Statutes Section 265.05(2) snail apply to this Bond, The Surety, for value receNved, hereby aNpulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the wont to be performed thereunder or to the Specifrtatlons applicable thereto, shall In any way affect its obligations on this Bond, and the Surety hereby waNes notice of any such change, extension of time, alterations of or addition to the terms of the Contract, ar to the work or to the SpecilloaWns. The Surety represents and warrants to the County of Indian River that It has a Best's Key Rating Guide, General Pollcyholder's rating of "A -VII". The Principal and Surety jointly and severely 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 Compietion as established on the Certificate of Substantial Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to Pay the County of Indian River all losses, damages, expenses, costs, liquidated damages, and atlomay's fees, including appellate proceedings, that the County of Indian Rhrer sustains because of a default by the Principal under the Contract. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 21 day of ?9FROQti9Ey , 20AZ, the name and corporate seal of such corporate party being hereto affixe and these presents duly signed by Its undersigned representative, Pursuant to authority of its governing body. •.4YNMR1,1lf NNYMNIM.I.MlI�NMMNMMRRRMNY,,.w.N>MMYNRNYMw.Y.aY.yYM,tiRNRIMNRtRRYt•.YrMYMJ I Witness Address Witness Address BY: Partner Printed Name of Partner (SEAL) IMM.f MR.iMON.,M„MMf1M,IMNIN.\tIyMRRMIff„I,+MIiMYMH11.e11�MMNMNYMM„MNMMW MIrMMNM� D44572015 00512-2 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 2138 PG: 1369 02/16/2007 09:45 5727705107 PURCHASING PAGE 07 e�Lfi7r/l"� S.P.S. Contractin Inc. W.Deborah Smith PleRldOf (On a , atflyf BY: e,SE,4L) Dennis Smith o'�9f4� Printed Name ``• Vice cldanr ''°n•'hanra�"�`'�. Officfa! Title NiMYwfKU1�w1KwHH1.KHHMHf1�ik�MK�H'IIN1�Mwfwf-MAM1�pMwHw�fiMKwf��MNf KIyfNNf ffN 044572015 00612-3 ATRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 2138 PG: 1370 02/16/2007 09:45 5727705107 PURCHASINH _ PAGE 08 I ucooran bmitn , ce * that I am the SsOytary of the corporation named as PrinGpal in the within bond; that Dennis Smith who signed the said bond on behalf of ft Principal was then Vice -President of said corporation: flat I know his signature, end f>!a signature itl m is genuine; and that said Bond Was duly signed, sealed and eftsd for and on behalf by authority of its governing body. Secretary (SEAL) TO BE EX CORPORA SUR Atte Fidelity & Deposit Company of Marylanet.,,,, n+` eeretery Elaine F. Harris Corporate Surety 863 Creston Dr. Maitland, FL 32751 STATE OF FLORIDA COUNTY OF INDIAN RIVER BY: S. Harris Coastal Bonding, Inc. Name of Local Agency 11924 Forest Hill Blvd., Suite 22-323 -Wellineton, FL 33414 Business Address �Maa_v- a Mw -! 1 1'. 1 1 • 1 • •• 1 t1 • I1 N•W�:�W/��I� a Y ll 7, ?p sm' „M u �e� •k WUE)30817G r7tiFrSECTION 044572016 00612-4 ATRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK Corporate SEAL) (Affix r . STATE OF FLORIDA COUNTY OF INDIAN RIVER BY: S. Harris Coastal Bonding, Inc. Name of Local Agency 11924 Forest Hill Blvd., Suite 22-323 -Wellineton, FL 33414 Business Address �Maa_v- a Mw -! 1 1'. 1 1 • 1 • •• 1 t1 • I1 N•W�:�W/��I� a Y ll 7, ?p sm' „M u �e� •k WUE)30817G r7tiFrSECTION 044572016 00612-4 ATRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 2138 PG: 1371 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h d s Ef nate, constitute and appoint John S. HARRIS, of Wellington, Florida, its true and lawful -m- make, execute, seal and deliver, for, and on its behalf as surety, and as its act and ngs, and the execution of such bonds or undertakings in pursua o s n said Company, as fully and amply, to all intents and proposes, as if gni xeE ged by the regularly elected officers of the Company at its office in B aR )nth n owar£orib�wlerl The said Assisn Section 2, of the E IN WITNESS affixed the Corpc A.D. 2004. ATTEST: r,4g0es•tiere - lam! tl»s-fttra t set forth on the reverse side hereof is a true copy of Article VI, w in force. e said Vice -President and Assistant Secretary have hereunto subscribed their names and of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of February, State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND i T. E. Smith Assistant Secretary By: Paul C. Rogers Vice President On this 23rd day of February, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instnunent is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 9 �..r r s.: POA -F 031-0035 Dennis R. Hayden Notary Public My Commission Expires: February 1, 2005 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 2138 PG: 1372 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of , Assistant Secretary STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THATTHIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. ',..� co'urir ' J BARTON, CLERK s BY `ta� of DEPUTY CL RK DATE a�