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AGREEMENT
INDIAN RIVER COUNTY, FLORIDA
MITIGATION REEF PROJECT - SHORELINE SECTORS I & 2
(AMBERSAND BEACH)
THIS AGREEMENT made and entered into on the 20th day of January , 20049 by
and between Wilkinson & Jenkins Construction Co Inc St Petersburg Florida
(Name and Address)
herein after called the CONTRACTOR, and INDIAN RIVER COUNTY, a Political Subdivision
of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter
called the COUNTY, or OWNER.
WITNESSED:
That the CONTRACTOR and the COUNTY, for the consideration hereinafter named, agree as
follows :
Article 1 . SCOPE OF WORK: The CONTRACTOR shall furnish all of the materials and
perform all the work shown on the Drawings and described in the Specifications
entitled :
INDIAN RIVER COUNTY MITIGATION REEF PROJECT - SHORELINE
SECTORS 1 & 2 (AMBERSAND BEACH)
for Indian River County, Florida and shall do everything required by this Agreement
and Contract Documents. Payment shall be made in accordance with the Itemized Bid
Schedule attached as Exhibit "A" and made a part of this agreement .
Article 2 . COMMENCEMENT AND COMPLETION & LIQUIDATED DAMAGES : As time is
of the essence, the Contractor will be required to commence work under this contract
within ten ( 10) calendar days after receipt of the notice-to -proceed and shall complete
the project by September 30, 2004 as specified in the Supplementary Conditions,
Paragraph I . The CONTRACTOR agrees to reimburse Indian River County, Florida
for liquidated damages for each calendar day elapsing between the date herein
specified as the day of full completion and the actual day of such completion of the
Contract work the amount of $2 , 000 . 00 per calendar day in accordance with the
schedule of damages listed in Article 8 - 10 . 2 of Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, 2002 edition. Liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be sustained by
OWNER as a consequence of such delay, and both parties desiring to obviate any
question or dispute concerning the amount of such damages and the cost and effect of
the failure of CONTRACTOR to complete the Contract on time . The above-stated
liquidated damages shall apply separately to each portion of the Project for which a
time for completion is given. The CONTRACTOR and OWNER agree that OWNER
is authorized to deduct all or any portion of the above- stated liquidated damages from
AGREEMENT A - 1
the monies due to CONTRACTOR for the Work under this Contract as the OWNER
deems just and reasonable . In addition to the above- stated liquidated damages, the
CONTRACTOR shall be responsible for reimbursing OWNER for all costs incurred
by OWNER to third party consultants including, without limiting the generality of the
foregoing, any ENGINEER in administering the construction of the Project beyond
the Substantial Completion date as specified in the Contract or beyond an approved
extension of time granted to CONTRACTOR, whichever date is later.
Article 3 . THE CONTRACT SUM : The COUNTY will pay the CONTRACTOR for
performance of the Contract, subject to additions and deductions provided therein, in
current funds as follows :
Numerical Amount $4,216, 000 . 00
Written Amount Four million two hundred sixteen thousand dollars
Article 4 . PAYMENT AND RETAINAGE : Progress payments on the Contract amount for the
value of work completed and component material on site will be made upon request at
not less than monthly intervals. The request must be made through the ENGINEER
on an approved estimate showing the component breakdown of the work for each item
completed at the time of the request . Except as may be modified herein, ten percent
( 10%) of all amounts earned will be retained by the COUNTY until final completion
and acceptance of the Contact. CONTRACTOR shall allow adequate processing time
for County Commission final acceptance and approval for final payment . The
CONTRACTOR shall make the following certification (Affidavit) on each Request for
Payment : "I hereby certify that the labor and materials listed on this Request for
Payment have been used in the construction of this Work and payment received from
the last request for payment has been used to make payments to all subcontractors,
laborers, material, men and suppliers except as listed below :
Notice of Non-Payment . If one or more "Notice of Non-Payment " or "Notice to
OWNER" is received by the OWNER, no further payments will be approved until
non-payment(s) have been satisfied and a " Lien Waiver" for each "Notice " has been
submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable
evidence that all such claims have been satisfied. The CONTRACTOR may, with
consent of Surety and indemnification of the COUNTY against any claims, receive
payment for work for which there is an outstanding Notice of Non-Payment or Notice
to OWNER.
Article 5 . ACCEPTANCE AND FINAL PAYMENT : Upon receipt of written notice that the
work is ready for final inspection and acceptance, the ENGINEER will promptly make
such inspection and when he finds the work acceptable under the terms of the Contract
and the Contract fully performed, he will promptly issue a final completion certificate,
over his own signature, stating that the work provided for in this Contract has been
completed, and acceptance by him/her under the terms and the conditions thereof is
recommended and the entire balance found to be due the CONTRACTOR, will be
paid to the CONTRACTOR by the OWNER following County Commission approval
of the final Contract payment .
AGREEMENT A-2
Before issuance of a final completion certificate, the contractor shall submit evidence
satisfactory to the COUNTY Coastal Engineer that all payrolls, material bills, and
other indebtedness connected with the work have been paid. An affidavit must be
submitted by the CONTRACTOR to the OWNER stating that all indebtedness
connected with the work has been paid. Such affidavit will be signed by a duly
authorized officer of the contractor, will bear the firm's seal, and will be notarized and
attested by two witnesses. A Waiver-of-Lien form signed by a duly authorized officer
of all Subcontractors, notarized and attested by two witnesses is required from each
Subcontractor engaged under the scope of this Contract, and must accompany the
request for final payment.
Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of
final payment shall be and shall operate as a release to the OWNER from all claims and
all liability to the CONTRACTOR other than claims in stated amounts as may be
specifically excepted by the CONTRACTOR for all things done or furnished in
connection with this Work and for every act and neglect of the OWNER and others
relating to or arising out of this Work. Any payment, however, final or otherwise, shall
not release the CONTRACTOR or his/her sureties from any obligations under the
Contract Documents or the Payment and Performance Bonds.
Article 6 , INDEMNIFICATION : CONTRACTOR agrees to indemnify and hold harmless the
OWNER, together with its agents, employees, elected officers and representatives,
from liabilities, damages, losses, and costs, including but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentionally
wrongful conduct of the CONTRACTOR and persons employed or utilized by the
CONTRACTOR in the performance of this Contract. This indemnification and hold
harmless provision shall survive the termination or expiration of this Contract . The
parties expressly recognize that the relationship between the COUNTY and
CONTRACTOR is that of OWNER and independent contractor, and that neither the
CONTRACTOR nor any of his servants, agents, or employees shall ever be considered
to be an agent, servant or employee of the COUNTY.
Article 7 . PUBLIC CONSTRUCTION PAYMENT AND PERFORMANCE BOND : The
CONTRACTOR shall furnish the COUNTY immediately upon execution of this
Contract a Performance Bond in an amount equal to 125 % of the contract price and a
Payment Bond in an amount equal to 100% of the contract price with good and
sufficient sureties, conditioned upon the performance of this Contract by the
CONTRACTOR in accordance with the terms and conditions hereof, within the time
herein provided, and with the additional obligation that such CONTRACTOR shall
promptly make payments to all persons supplying him labor, materials and supplies,
used directly or indirectly by the said CONTRACTOR in the prosecution of the work
provided for in this Contract.
The CONTRACTOR shall record the Payment and Performance Bond with the Public
Record Section of the Indian River Courthouse located at 2000 16th Avenue, Vero
Beach, Florida, 32960 . The recorded bonds will be forwarded to the Purchasing
Division within one week.
AGREEMENT A-3
The CONTRACTOR shall provide two separate bonds; a combined Payment and
Performance Bond for 125 % of the contract price is not an acceptable substitute .
Pledge of Credit : The CONTRACTOR shall not pledge the COUNTY' S credit or
make it a guarantor of payment or surety for any Agreement, debt, obligation,
judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and
represents that it has no obligation of indebtedness that would impair its ability to
fulfill the terms of the Agreement .
Counterparts : This Agreement may be executed in one or more counterparts, but all
such counterparts, when duly executed, shall constitute one and the same Agreement.
Public Records : The COUNTY and the CONTRACTOR shall comply with the
provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with
this Agreement.
Notices : All notices, requests, demands, approvals, consents, and other
communications required or permitted under this Agreement shall be in writing and
shall be (as elected by the person giving such notice) hand delivered by messenger;
delivered by commercial overnight courier service ; sent by facsimile/telecopier; or
mailed by registered or certified mail (postage prepaid) return receipt requested and
addressed to :
As to COUNTY : Jonathan C . Gorham
Department : Indian River County Public Works Dept.
Address : 184025 th Street
Vero Beach, FL 32960
With a required copy to : Mr. Jim Davis, P . E .
(address as above)
As to CONTRACTOR:
Wilkinson & Jenkins Const . Co . , Inc .
4530 Chancellor St . NE , St . Petersburg , FL 33703
or to such other address as any party may designate by notice complying with the
terms of this Section. Each such notice shall be deemed delivered and effective on
the date of hand delivery, or on the second day after the date of deposit of notice
with an overnight courier service, or on the date upon which the return receipt is
signed or delivery is refused or the notice is designated by the postal authorities as
not deliverable, as the case may be, if mailed.
Article 8 . REMEDIES AND CHOICE OF LAW: This Agreement shall be governed by the laws
of the State of Florida. Any legal actions instituted under this Agreement that are
AGREEMENT A-4
justiciable in state court shall be instituted in Indian River County. Any legal actions
instituted under this Agreement that are justiciable in federal court shall be instituted
in the Southern District of Florida. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy and each and every such remedy shall be
cumulative and shall be in addition to every such remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party or any right, power, or remedy hereunder shall preclude any
other or further exercise thereof.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first
written above .
WICI v & JEWD S CaZI=CN COO , INC .
(CONTRACTOR)
Signed and sealed by the
C I RAC Rin t senc of.
Attest ZV
INDIAN RIVER COUNTY
(OWNER)
APPROVED
By &IJ2
�
aures . Chandler, Count Ad ' 'strator
` �
B Attest A
Caroline D . Ginn, Chain& Aigle. ' Jeffrey K. Barton, Cle6
( Seal)
APPROVED AS TO FORM
ANP LE AL SUFFICIENCY
t
y
AGREEMENT A -5
f
1 1
PERFORMANCE AND PAYMENT BOND
(Pu611eWork)
In compliance with F.S. Chapter 255f05(1)(a)
BOND NO.: 929309815
CONTRACTORNAME: Wilkinson & Jenkins Construction Company , Inc .
CONTRACTOR ADDRESS: 4530 Chancellor Street , NE
_Ste Petersburg , FL 33703
CONTRACTOR PHONE NO.: ( 727 ) 527-9440
SURETY COMPANY: Western Surety Company
CNA Plaza . Chicagop TL. 60685-0001
( 407 ) 919-2260
SURETY AGENT: The Shrum Agency
2227 Pinnacle Circle N . , Palm Harbor , FL 34684
( 727 ) 781 -9797
OWNER NAME: Indian River County
OWNER ADDRESS: 1840 25th Street , Vero Beach , FL 32960-3365
OWNER PHONE NO,: ( 772 ) 567-8000 1
OBLIGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO,:
BOND AMOUNT: Payment-$ 4 , 216 , 000 Performance-$ 5 , 270 , 000
CONTRACT NO.: (if applicable) Project # 03102
DESCRIPTION OF WORK: Indian River County Mitigation Reef Project
Shoreline Sectors 1 & 2 ( Ambersand Beach )
PROJECT ADDRESS:
LEGAL DESCRIPTION:
FRONTPAGE
All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon.
CMMCOPY
EFMFMTM ON LAST PAGE
JX BAMK CLERK
MIAN RIVER COUNTY
BEACH RESTORATION PROJECT - SHORELINE SECTORS 1 & 2
(AMBERSAND BEACH)
PAYMENT BOND Bond # 929309815
KNOW ALL MEN BY THESE PRESENTS :
That we Wilkinson & Jenkins , as principal, and Western Surety Company
as Surety, are held and firmly un unto the County of Indian River in the sum of Ft ur Mi1hcn T o Hrzlrad
57xtem Mxxswd Dollars (S 4 ,216 ,000.00 ), amounting to 100% 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 faithfW performance of a certain written contract, dated the 20th day of
January , 2004, entered into between the Principal and the County of Indian
River, Florida, for: Indian River County Mitigation Reef Project
Shoreline Sectors 1 & 2 ( Ambersand Beach )
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 herein 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:
A. A claimant is defined as any person applying the Principal with labor, material and
supplies, used directly or indirectly by the said Principal or any subcontractor in the
prosecution of the work provided for in said Contract, and is further defined in
Section 713 .01 of the Florida Statutes.
B . The provisions of Section 255.05 Florida Statutes shall apply.
The above named Principal and Surety hereby jointly and severally agree with the County of
Indian River that every claimant as herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after performance of the labor or after complete delivery
of materials and supplies by such claimant, may sue on this Bond for the use of such claimant,
prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have
execution thereon. The COUNTY shall not be liable for the payment of any costs or expenses of
any such suit. No suit or action shall be commenced hereunder by any claimant :
1 . Unless claimant, other than one having a direct contract with the Principal, shall within forty-
five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the
work, furnish the Principal and Surety with a notice that he intends to look to this bond for
protection.
2 . Unless claimant, or other than one having a direct contract with the Principal, shall within
ninety (90) days after such claimant's performance of the labor or complete delivery of
materials and supplies, deliver to the Principal and Surety written notice of the performance
of such labor or delivery of such material and supplies and the nonpayment therefore.
PAYMENT BOND PA- 1
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON, CLERK
3 . After the expiration of one ( 1 ) year from the performance of the labor or completion of
delivery of the materials and supplies; it being understood, however, that if any limitation
embodied in this Bond is prohibited by any law controlling the construction hereof such
limitations shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law.
4. Other than in a state court of competent jurisdiction in and for Indian River County, Florida,
or in the United States District Court for the Southern District of Florida, and not elsewhere.
The Principal and the Surety jointly and severally, shall repay the County of Indian River any sum
which it may be compelled to pay because of any Gen for labor or materials furnished for any
work included in or provided by said Contract.
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 perforated thereunder
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 or addition
to the terms of the Contract, or to the work or to the Specifications.
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their
Several Seals this t t rh day of February , 2004, the name and corporate seal each
corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
WHEN THE PRINCIPAL IS AN INDIVIDUAL:
Witness Signature of Individual
Address Printed Name of Individual
Witness
Address
PAYMENT BOND PA-2
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTONr CLERK
WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A
TRADE NAME:
Signed, sealed and delivered in the presence of
Witness Name of Firm
Address Signature of individual
Witness
Address
WHEN THE PRINCIPAL IS A PARTNERSHIP:
Signed, sealed and delivered in the presence of:
Witness Name of Partnership
By:
Address Partner (Seal)
Printed Name of Partner
Witness
Address
WHEN THE PRINCIPAL IS A CORPORATION : `Kry' >. ^�
� . •, C+r J
Pecretaryy
2Wilkinson & Jenkins; ��Construction
/ Name of Corporatio . y ort�r +
By: s • ia, 7 �
(Affix Corporate'
W. C . Wilkins
Printed Name t` ; ,f:. ` + r2 .P .
President
Official Title
PAYMENT BOND PA-3
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON , CLERK
CERTIFICATE AS TO CORPORATE PRINCIPAL
y Bi •14• • �4.Viel' inson Jody that I am the Secretary of the corporation named as Principal in the
'Maiiognd; that • W. C . Inti i k i n son , who signed the said bond on behalf
of the Prirljw was then President of said corporation: that I know
- hislhor? s thm and _his/her signature thereto is genuine; and that said Bond was duly signed,
se f n behalf o/f laid corporation by authority of Its governing body,
4•qs• • k•
TQ II MECUTED BY CORPORATE SURETY:
;fl QM Counters • gned
Q Western Surety Caanany
arren M. Shrum , r . Corporate Surety
Licensed Florida Resident Agent
CNA Plaza , Chicago , IL 60685-0001
Business Address
Telephone:
( 407 ) 919: .v Tlv
By
ix Corporate Seal)
Warren M . Shrgm;
Attorney-In-Fact
The Shrum Agency
Name of local Agency
2227 Pinnacle Circle North
Palm Harbor , FL 34684
Business Address
Telephone: ( 727 ) 781 -9797
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Warren M . Shrum , Jr , to me well known, who being by me first duly sworn
upon oath, says that he/she is the attorney-in-fact for the tern Surety Canpanyand that
he/she has been authorized by Western Surety Canpany 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 11 day of February _2004•
tary Public
My Cony tonrFrces
�
�.✓ Ems.. s.a.omw 23, 2W4
PAYMENT BOND PA-4
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON , CLERK
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Mea By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
. having its principal once in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal
herein affixed hereby
make, constitute and appoint
Warren M Shrum Jr., Individually
of Palm Harbor, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign• sal and execute for and
on its behalf
bonds, undertakings and other obligatory instruments of similar nature
" In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts
of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents lobe signed by its Senior Vice President and its chigbnMG's"i to .
be hereto affixed on this 11th day of November, 2003. .;n- ` r- . •,� ,•�Lf., '. r -
v�*rs WESTERN SUREZ % °iI` COMPAN 'Y
Paul .::Brufla6)Sepior:VhaPrgik�iat`;�
State of South Dakota 1 u
County of Minnehaha Jl '
On this 1 I th day of November, 2003, before me personally came Paul T. Bruflat. to me known, who, being by me duly sworn, did depose and say. that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument that he knows the sal of said corporation; that the sal affixed to the said instrument is such corporate sal; that it
was
so axed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,
and
acknowledges same to be the act and deed of said corporation.
My commission expire �••••""`•""•""""r
O. KRELL =
November 30, 20D6 f/gNOTARY PBBLICa.
r SOUTH DAKOTA sIla
h.......r...........,... ♦ _
D. Krell, No Public
CERTIFICATE
Ir L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the:ax v_ofthe corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto
subscribed
my name and a fhxed the.seilef N eoryoration this day of
V e. OF
WESTERN SURETY COMPANY
�, ,' • . . . L Nelson, Assistant Secretary
Form F4290-01.01 " J.( �
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON, CLERK
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is trade and executed pursuant to and by authority of the following. By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in
the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Via President, or by such other
officers as the Board of Directors may authorize. The President, any Via 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 any such officer and the corporate seal may be printed by facsimile.
A TRUE COPY
CERTIFICATION ON LAST PAGE
J. K. BARTON, CLERK
BK : 1694 PG : 301
NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002 , we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one
or more of the following companies (collectively the "Writing Companies") as surety
or insurer: Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Hartford, American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0 .00) .
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible .
Form F7310
STATE OF' R.ORIDA
INDIAN RIVER COUNTY
" 18 TO CERTIFY THA A
TRUE AND CORRECT ORONAL ON I %& IN FORIM
FROL
INDIAN RIVER COUNTY, FLORIDA
MITIGATION REEF PROJECT = SHORELINE SECTORS 1 & 2
(AMBERSAND BEACH)
Bond # 929309815
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS :
That we Wilkinson & Jenkins Construction Company , Inc , as Principal,
and Western Surety CgXqMny , as Surety, are held and firmly bound unto the
County of Indian River in the sum of F`� w Kl l irn 7tno AT&Bd Dollars ($5 ,270,000 .00 ),
amounting to 125% of the total bid price, r payment o said sum we bind ourselves, our
executors, administrators and assigns, jointly and severally, for the faithful performance of a
certain written contract, dated the 20t:h of January 2004, entered into
between the Principal and the County of Indian River, Florida, for:
Indian River County Mitigation Reef Project
Shoreline Sectors 1 & 2 ( Ambersand Beach )
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 in all respects comply with the terms and conditions of said Contract and his
obligations thereunder, including all of the Contract Documents, therein referred to and made a
part thereof, and such alterations as may be made in said Drawings and Specifications as therein
provided for, and shall indemnify and save harmless the County of Indian River against and from
all expenses, damages, injury or conduct, want of care of skill, negligence or default, including
patent infringement on the part of said Principal, his agents or employees, in the execution or
performance of said Contract, including errors in the Drawings furnished by said Principal, and
further, if the Principal shall promptly make payments to all 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 obliged to pay for the completion of said work, by Contract or
otherwise, and any damages, whether direct, indirect, or consequential, which the County of
Indian River may incur as a result of the failure of the said Principal to properly execute all of the
provisions of said Contract.
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 OWNER 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
PERFORMANCE BOND PE- 1
CMECON
ERMICATI N ON LAST PAGE
JX BARTOK CLERK
• f
infringements of any patent rights by reason of the use of any material furnished or work done, as
aforesaid or otherwise.
AND, the said Surety, for value received, hereby stipulates 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 and Drawings accompanying the same, shall in any way affect its
obligations on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terns of the Contract or to the work or to the Specifications and
Drawings. Principal and Surety expressly acknowledge that any and all provisions relating to
liquidated damages contained in the Contract Documents are expressly covered by and made a
part of this Bond. Principal and Surety acknowledge that any such provisions he within their
obligations and within the coverages and limitations of 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 Final
Completion as established on the Certificate of Final Completion as issued by the County of
Indian River.
WHEN THE PRINCIPAL IS AN INDIVIDUAL:
Signed, sealed and delivered in the presence of
Witness Signature of Individual
Address Printed Name of Individual
Witness
Address
PERFORMANCE BOND PE-2
A TRUE COPY
CERTIFICATION ON LAST PAGE
JX BARTOK CLERK
WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A
TRADE NAME:
Signed, sealed and delivered in the presence of
Witness Name of Firm
Address Signature of Individual
Witness
Address
WHEN THE PRINCIPAL IS A PARTNERSHIP:
Signed, sealed and delivered in the presence of:
Witness Name of Partnership
By:
Address Partner (Seal)
Printed Name of Partner
Witness
Address
PERFORMANCE BOND PE-3
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K BARTON, CLERK
,
WHEN THE PRINCIPAL IS A CORPORATION :
Ar Wilkinson & Jenkins
Construction QQmp u w,
Secretary / Name of CorporationON
006
.
g3Q ^
By:
(Affix Corporate Sea]) • j •�
W.C . Wilkinson � • ` <
4U.J' r
Printed Name
President
Official Title
CERTIFICATE AS TO CORPORATE PRINCIPAL
I Sti t 2 �C �ti* i n son . , rl.�itify that I am the Secretary of the corporation named as Principal in the
witliiff bow; Oily W .0 . Wilkinson , who signed the said bond on behalf of the Principal was
%� � ,8residerft' of said corporation: that I know his/her signature, and
his/her si tgre_+•ttiereto is genuine; and that said Bond was duly signed, sealed and attested for
anis PIT
corMr onbyaurity of Its governing body.
Sect�t2ry (SEAL)
TO BE EXECUTED BY CORPORATE SURETY:
Coon ersi oe
cv Western Surety Company.
Sig Warren M. S Jr . Corporate Surety
Licensed Florida Resident Agent
CNA Plaza , Chicago , IL 60685-0001
Business Address
. . 14 Pori
Telephone: 4 7 19-
By
( Corporate
A
Warren M . Shnnar . ,� , ` :• 1� , :
Attomey-In-Fact
The Shrum Agency
Name of Local Agency
2227 Pinnacle Circle North
Palm Harbor , FL 34684
PERFORMANCE BOND PE-4
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON , CLERK
a w
Business Address
Telephone: ( 727 ) 781 -9797
STATE OF Florida
COUNTY OF Pinellas
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Warren M. Shrurn , Jr . , to me well known, who being by me
first duly sworn upon oath, says that he/she is the attomey-in-fact for the
Western Surety Company and that he has been authorized by wPCYP,,, R„rat �y
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 I�day of February
2004.
taryPublic
My Commission Expires
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'+,Y Ex*" Se0wWbw 29, mat
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PERFORMANCE BOND PE-5
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K BARTON CLERK
Western Surety Company
• POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-W-FACT
Know AB Men By Tbese Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
. having its principal office in the City of Sioux Falb, and State of South Dakota, and that it does by virtue of the signature and seal herein
affixed hereby
nuke, constitute and appoint
Warren M Shrum Jr., Individually
of Palm Harbor, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and
on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts
of said
Attorney, pursuant to the authority hereby given, arc hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Lew printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
�4
In Witness Whereof, WESTERN SURETY COMPANY has caused Nese presenu to be signed by its Senior Vim President_. 116' - pate seal to
r
be hereto affixed on this I I th day of November, 2003. < p �
CjL ' 4 ,1 i;
WESTERN SURETI' = �" 31ZIpA`NY
2z; 1
e a. �i -
p°`� Pau@ » BNf1at, S&fisPAdtPresi e11t :
State of South Dakota 1 �. • . . . .
I as r • I � ' • ; f1
County of Minnehalu
On this 1 I th day of November, 2003, before me personally came Paul T. Brunat. to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in
and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate sol; that
it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like
authority, and
acknowledges some to be the am and deed of said corporation.
My commission expiry ;�\��NNN\N�\\NrNN\
D. KRELL $
November 30, 2006 ��/�►�NOTARY Fust-IC//a�f
f1$�iJSOVTH DAKOfAb' J$
♦�NNNNNrrN\NNN\
D. Krell, NoUry Public
CERTIFICATE
1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify lth. •at r<, '4*,of the corporation printed on the reverse hereof is still in force. In testimony whereof I
have hereunto subscribed
r„ , .
my name and affix.ed"ih• 4eaLof BiCsar�$.iorporation this day of
WESTERN SURETY COMPANY
�r o 0 �� •. _G- tee LL`sPe'e� G
„ , rr ••
�- -•r,0 L Nelson, Assistant Secretary
Fetin Fa2a0-01-02 .��g1 •71 j1 •r•t '•;
, '�lrl!!llIIIN 1IIIIIYL•
M ;Y
A TRUE COPY
CERTIFICATION ON LAST PAGE
JX BARTONj CLERK
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and 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 any such officer and the corporate seal may be printed by facsimile.
A TRUE COPY
CERTIFICATION ON LAST PAGE
JX BARTON, CLERK
NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one
or more of the following companies (collectively the "Writing Companies") as surety
or insurer: Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Hartford, American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0. 00) .
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORI M
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form M10
ATRUE COPY
CERTIFICATION ON LAST PAGE
JX BARTON, CLERK
v
_ACORD CERTIFICATE OF LIABILITY INSURANCE
01 / 2612004
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brooke Insurance b Financial Sery ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, 60END OR
6035 Morrow St . , E . , stew 101 ALTA=R THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Jacksonville , FL 32217
9 0 4 - 7 31 - 7 9 2 2 INSURERS AFFORDING COVERAGE NAIC0
INiURED Wilkinson G Jon rnn Construction CO., In INSURER , American Home Assurance
INSURER D:
4530 Chancellor Street , N . E . INSURER as
St , Petersburg , FL 33703 INSURER D:
( 813 ) 527 - 9440 INSURER E'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS .
POUCY FFFECTIVH POUCYWfIRA110H
ITN rnpFINGURANCE POLICY NUMBER nAT1± Wars
OENERAL LMaIUTYEACH OCCURRENCE 61 , 0001000
�MMAGMPERMD 5 0 0 0 0
COMMERCIAL GENERAL LIABILITY PREMISES ��+R�
_ f _ !
CLAIMS MADE F�I OCCUR MEDEXP (Anyompormn) >< 5 r 000
A X Comm Marine 82498 08 / 14 / 03 08 / 14 / 04 PERSON& & ADvINmw $ 11000F000
Ll ab i 11 ty GENERAL AGOREGATE : 2 / 0 0 0 , 0 0 0
OEML AOOREOATE LIMIT APPLIES PER: PRODUCTS - COMPIOP A00 t 1 r 0 0 0 r O O O
,al POLICY PAC 0 LOC
AUTOMOINLELIANUTY COMBINED SINGLELIMTT f
ANYAUTO (Ee .aoeenq br
ALL ONNEDALnOS BOOILYINMRY f
SCHEDULED AUTOS
HIRED AUTOS BOOILYIIIIURY f
NON47MEDAUTOS
PROPERTY DAMAGE f
(Per eoid.rll)
MARA �� ALIT 0ONLY • EAACCIDENT f
AWAUTO OTHERTHAN EA ACC f
AUTOOKY: AGO 1
EACH OCCURRENCE f 2 r 0 0 0 r 0 0 0
Em E mummELLA W1®LITY 2 0 0 0 0 0 0
X OCCUR CWMSMADE
AGGREGATE f I I
2499 08 / 14 / 03 08 / 14 / 04 f
A X DEDUCTIBLE f
RETENTION 5 25 000 f
A
WORKEM COMPENRATIONAND IMITS
EAlPLOTEA.T UAIRLITY E,L EACH ACCIDENT f
AW rno►RIETOR" MRrt"MM
orr,CeRncreeR OECLUDWY E.L DISEASE - CA EMPLOYEE Z
11rrs, d..ofba �ider E.L, D16EASE • POLICY OMIT f
sPEcIAL PROVISIONS blow
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DEWMP710NOP opFPAT1oPM / LOCATION!/ VEHICLIMI EXCLU610NDADOCDRY PM)ORSO ENT! SPOCIAL ►N1WIB10RS
Hoard of County Commissionera , Indian River County Florida are named as
additional insureds .
Project : Coastal Engineering Division or the IncUan River County Public Works
Dept Project # : 03102 - Bid # : 6031
CERTIFICATE HOLDER CANCELLATION
eHOU? D ANY OF PM ASD1/! Dn005 o PO000 W CANCFLLeD pmra- TN8 EmPAnDN
CoaLV t %1 Engineering Division of DATE J"Zm0r, THO MoumImmumm VRLL am w^voRTO MML 10 DAYS WMTMN
the Indian River County PublicNonCETOTHECOMCA-MWLMRNAMWMT"SLln, KMFAILURE TOW50SK"
Works Department M 049 NO OBLIOATION OR L"UTT OF ANY IQNO UPON THE INBURM rTS A1319R7 oR
1840 25th Street 3rd Floor '
ATTYEB
Vero He & chr rL 32960 AUTI1O5W � [ ' )
,fax 727 - 521 - 9163