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AGREEMENT
INDIAN RIVER COUNTY, FLORIDA
POST HURRICANES FRANCES AND JEANNE
EMERGENCY BEACH RESTORATION
JOHN ' S ISLAND SEGMENT
THIS AGREEMENT made and entered into on the _day of Fehr rya r y , 2006, by
and between Ranger Construction Industries Inc PO Box 14589 Ft. Pierce, FL 34979
(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.
WITNESSETH :
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 POST HURRICANES FRANCES AND
JEANNE EMERGENCY BEACH RESTORATION — JOHN' S ISLAND
SEGMENT
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 as specified. Project completion must
occur prior to May 1 , 2006. The undersigned CONTRACTOR agrees, if the
Work is not substantially complete by May 1 , 2006, to demobilize completely
from the project site and to fully remobilize to the project site on November 1 ,
2006, [the end of the 2006 turtle season] at no additional
mobilization/demobilization cost to the County and thereafter to complete the
Work at the same unit price per cubic yard as set forth in this Contract in lieu
of liquidated damages. The foregoing 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. 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 $ 1 , 145 ,718.70
Written Amount One Million, One Hundred Forty Five Thousand,
Seven Hundred Eighteen Dollars and Seventy Cents
Article 4. PAYMENT AND RETAINAGE:
4. 1 . The Owner shall make progress payments to the Contractor on the basis of
the approved partial payment request as recommended by Engineer in
accordance with the provisions of the Local Government Prompt Payment Act,
Florida Statutes section 218.70 et. seq. at not less than monthly intervals. The
request must be made to the OWNER on an approved form showing the
component breakdown of the work for each item completed at the time of the
request.
4.2 . The Owner shall retain ten percent ( 10%) of the payment amounts due to
the Contractor until fifty percent (50%) completion of the Work. After fifty
percent (50%) completion of the Work is attained as certified to Owner by
Engineer in writing, Owner shall retain five percent (5%) of the payment
amount due to Contractor until final completion and acceptance of all Work
to be performed by Contractor under the Contract Documents. Pursuant to
Florida Statutes section 218. 735(8)(b), fifty percent (50%) completion means
the point at which the County as Owner has expended fifty percent (50%) of
the total cost of the construction services Work purchased under the Contract
Documents, together with all costs associated with existing change orders and
other additions or modifications to the construction services Work provided
under the Contract Documents.
4.3 . Each request for a progress payment shall be submitted on the
application for payment form supplied by Owner and the application for
payment shall contain the Contractor's certification. All progress payments
will be on the basis of progress of the Work measured by the schedule of
values established, or in the case of unit price work based on the number of
units completed. After fifty percent (50%) completion, and pursuant to
Florida Statutes section 218 . 735(8)(d), the Contractor may submit a pay
request to the County as Owner for up to one half ( 1 /2) of the retainage held
by the County, and the County shall promptly make payment to the Contractor
unless such amounts are the subject of a good faith dispute; the subject of a
claim pursuant to Florida Statutes section 255 . 05(2005); or otherwise the
subject of a claim or demand by the County or the Contractor. The Contractor
acknowledges that where such retainage is attributable to the labor, services,
or materials supplied by one or more subcontractors or suppliers, the
Contractor shall timely remit payment of such retainage to those
subcontractors and suppliers. Pursuant to Florida Statutes section
218 . 735(8)(c)(2005), Contractor further acknowledges and agrees that: 1 ) the
County shall receive immediate written notice of all decisions made by
Contractor to withhold retainage on any subcontractor at greater than five
percent (5%) after fifty percent (50%) completion; and 2) Contractor will not
seek release from the County of the withheld retainage until the final pay
request.
4.4. Paragraphs 4.2 and 4.3 do not apply to construction services work
purchased by the County as Owner which are paid for, in whole or in part,
with federal funds and are subject to federal grantor laws and regulations or
requirements that are contrary to any provision of the Local Government
Prompt Payment Act. In such event, payment and retainage provisions shall
be governed by the applicable grant requirements and guidelines.
4. 5 . CONTRACTOR shall allow adequate processing time for County
Commission final acceptance and approval for final payment in accordance
with the provisions of the Local Government Prompt Payment Act, Florida
Statutes section 218. 70 et. seq.
4.6. 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:
4. 7. 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
OWNER/ENGINEER will promptly make such inspection and when the
OWNER/ENGINEER finds the work acceptable under the terms of the
Contract and the Contract fully performed, the OWNER/ENGINEER will
promptly issue a final completion certificate stating that the work provided for
in this Contract has been completed, and acceptance by the OWNER 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.
Before issuance of a final completion certificate, the contractor shall submit
evidence satisfactory to the COUNTY 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.
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, 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 Surety shall be authorized to issue surety bonds in Florida and be
included in the most recent United States Department of Treasury List of
Acceptable Sureties. Bidder shall require the attorney-in-fact, who executed
the Payment Bond and the Performance Bond, to affix to each a current
certified copy of their Power of Attorney, reflecting such person's authority as
Power of Attorney in the State of Florida. Further, at the time of execution of
the Contract, the successful Bidder shall provide a copy of the Surety's current
valid Certificate of Authority issued by the United States Department of the
Treasury under 31 United States Code sections 9304-9308 . Each of the
Payment Bond and Performance Bond shall be submitted in the forms
furnished herewith
The CONTRACTOR shall provide two separate bonds; a combined Payment
and Performance Bond for 125% of the contract price is not an acceptable
substitute.
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 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.
Article 9. GENERAL PROVISIONS
9_l Independent Contractor. 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.
9.2. 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 this
Agreement.
9_3 . 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.
9_4. 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.
95 . 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 facsimileltelecopier; or mailed by registered or certified mail (postage
prepaid) return receipt requested and addressed to :
As to COUNTY: Jonathan Gorham, Ph.D.
Department: Indian River County Public Works
Dept.
Address: 1840 250' Street
Vero Beach, FL 32960
With a required copy to : Mr. James Gray, Jr.
(address as above)
As to CONTRACTOR:
� ftng, t - (QwSACJeA *%
+gO ?*ox \4589 rrT ? * I(C VL 3M511
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.
IN WITNESS WHEREOF, the parties hereto have
—ex{eccuted this a Bement the day and
year first written above. Vv
eeve—C Ea , : us 4es , d4 .-
(CONTRACTOR)
Signed and sealed by the
CONTRACTOR in the presence of:
Attest
W.�t4 aw� F , O�ERASK fcQ.tR4ey
INDIAN RIVER COUNTY
(OWNER)
A � it F
ttest
Arthur R. Neu er, hairmanp1 Jeffrey K Berton, Clerk
BCC Approved : 02 /07 / 06 r f1
(Seal) �,' . l _�, � '.• �� .
APPROVED
seph A. VBaird, County Administrator
AP VED AS TO FORM
r117SUFFICIENCY
Marian E. Fell, ssi rty torney
111Y
11D
Indian River County FEB 2 2 2006
General Services Department
Purchasing DivisionPUBLIC WORKS DEPT.
Date : February 22, 2006
To : James Gray, C .E.
Public Works
From : Karyn Jackson
Purchasing Division
Subject : IRC Bid # 2006048 John ' s Island ER Beach Restoration
Enclosed please find your copies of the bonds and certificate of insurance from
Underground Utilities . The bonds have been approved by the County Attorney ' s Office
and Risk Management has approved the certificate of insurance .
We will retain the original copies in the bid folder.
Enclosed:
2 each — Performance Bond
2 each- Payment Bond
2 each- Certificate of Insurance
>> ??
Accepted this Wdaebruary , 20A
Pub c Works
P:APurchasingTormsWond Memo to Dept.doc
INDIAN RIVER COUNTY
PURCHASING DIVISION
INTEROFFICE MEMORANDUM
Date: February 17 , 2006
To : Beth Jordan , Risk Manager From: Jerry Davis, Purchasing Manager x2l�t —
Subject : Request for Review and Approval as to Form
Please review the attached for approval as to form :
❑ Bid Bonds ® Certificate of Insurance
❑ Payment Bond ❑ Performance Bond
Reference : IRC BID #2006048 Name : John ' s Island ER Beach Restoration
Department: Public Works
Contract amount: $ 1 , 145 ,718 .70
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - -
Document is acceptable [0 Yes ❑ No (if no , state reasons . . . )
Beth Jordan , Risk Manager Date
FAPurchasing\Foons\Insurance Memo to Risk.doc
_I
ACORD, CERTIFICATE OF LIABILITY INSURANCE GATE (MM Dom)
2 /15 / 06
0
PRODUCER 1 - 304 - 357 - 4520 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
George H . Friedlander Co . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 2466 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1566 Kanawha Blvd . E .
Charleston , wv 25329 INSURERS AFFORDING COVERAGE
INSURED INSURERA: Travelers Property Casualty Com any of America
Ranger Construction Industries , Inc .
INSURERS: Charter Oak Fire Insurance Company
4510 Glades Cut - off Road
INSURER C'
Ft . Pierce , FL 34979 - 4589 INSURER D'.
INSURER E'.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, 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.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
A GENERAL LIABILITY CO - 58078217 -TIL - 05 04 /01/ 05 04 / 01/ 06 EACH OCCURRENCE $ 1000000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 100000
CIAIMS MADE -XIOCCUR MED EXP (Any one person) $ 5000
PERSONAL B ADV INJURY $ 1000000
GENERAL AGGREGATE $ 2000000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2000000
POLICY FX PRO LOG
A AUTOMOBILE LIABILITY CAP - 58 - 78186 - TIL - 05 04 / 01 / 05 04 / 01/ 06
COMBINED SINGLE LIMIT $ 1000000
X nNV AUTO (Ea accident)ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE S
(Per accidi
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGO $
A E%CESS LIADILITY CUP - 58078198 - TIL - 05 04 / 01/ 05 04 / 01/ 06 EACH OCCURRENCE 33000000
X OCCUR CLAIMS MADE AGGREGATE $ 3000000
DEDUCTIBLE $
RETENTION S $
B WORKERS COMPENSATION AND UB - 633913488 - 05 04 / 01 / 05 04 / 01/ 06 X WCSTATU- OTH-
EMPLOYERS' LIABILITY E L. EACH ACCIDENT $ 1000000
E.L. DISEASE - EA EMPLOYE $ 1000000
E.L. DISEASE - POLICY LIMIT $ 1000000
OTHER
E
E
S
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Certificate Holder is an Additional Insured but only with respect to work conducted
by the insured and at the specified project .
ADDITIONAL INSURED : COASTAL CONDOMINIUM SERVICES , INC .
IRC BID # 2006048 ; JOHN ' S ISLAND SEGMENT PROJECT #0540
Project : IRC POST HURRICANES FRANCES A JEANNE ER BEACH RESTORATION
CERTIFICATE HOLDER y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Indian River Board Of County Commissioners DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
1840 25th St IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Vero Beach , FL 32960 - 3365 AUTHORIZED REPRESENTATIVE / i
USA z
ACORD 25-S (7/97) dbeasley X / @ACORD CORPORATION 1988
3987445 Powered B
YCertificatesNowyq
1729416 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN
RIVER CO FL , BK : 1997 PG : 2200 , 02 / 22 / 2006 10 : 30 AM
INDIAN RIVER COUNTY, FLORIDA
POST HURRICANES FRANCES AND JEANNE
EMERGENCY BEACH RESTORATION
JOHN'S ISLAND SEGMENT
COUNTY PROJECT # 0540
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENCES:
BY THIS BOND, We,* Ranger Construction Industries Inc
P.O. Box 14589 Fort Pierce FL 34979 772/4644MW
as Principal and UnRed States Fidelity and Guaranty Company
5801 Smith Ave BaltimoreMD 212M W=4"734
are held and firmly bound unto the County of Indian River in the sum of
ora Moon Far nHNntredThYt�Tuo rMa..na
o02 HUWtl Farr Ekft s,d 3ariao Dollars (S 7 .432. 148.38 1. amounting to 125% of the total bid
price, for the payment of said sum we bind ourselves, our executors, administrators and assigns,
jointly and severally, for the faithful performance of a certain written contract, dated the of
2006, entered into between the Principal and the County of Indian River,
Florida, for. Indian River County Post Hurricanes Frances and Jeanne Emergency Beach
Restoration — John's Island Segment. Indian River County Project # 0540.
Project address: Designed dune feature along the central East Coast shoreline of Indian River
County. A copy of said Contract is incorporated herein by reference and is made a part hereof as if
fully copied herein.
NOW, THEREFORE, TIM CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Principal shall in all respexs comply with the berms 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 Dnawings and Specifications as therein
provided for, and shall indemnify and save harmless the County of Indian River as set forth in the
Contract in the execution or performance of said Contract, then this obligation shall be mill 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 propedy execute all of the provisions of said Contract.
AND, the said Principal and Surety hereby fiuther 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 wort, repair or maintenance
thereof, or the manner of doing the sine, 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.
PERFORMANCE BOND esu
A TRUE COPY
CERTIFICATION ON LAST PAGE -
JX BARTOK CLERK
BK : 1997 PG : 2201
AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of
cmc, 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 terms of the Contract or to the work or to the Specifications and Drawings. Principal
and Surety expressly acla,owledge 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 aclmowledge that any such provisions lie within their obligations and within
the coverages and limitations of this Bond.
AND, the said Principal and Surety jomUy 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.
Signature of Individual
Address
*INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF THE CONTRACTOR
"INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF SURETY
A TRUE COPY
CERTIFICATION ON LAST PAGE
JX BARTON, CLERK PERFORMANCE BOND P&2
i
BK : 1997 PG : 2202
WHEN THE PRINCIPAL IS A PARTN
Signed, sealed and delivered in the presence of
Witness Name of Partnership
By:
Address Partner (Seal)
Printed Name of Partner
Witness
Address
WHEN 7'HE PRINCIPAL IS A CORPORATION :
Attest:
/-�.--% - RamerConsbuction InduahieaFinc
i¢1!I Secretary ' Name
(Affix C«P«.ce Sew) _ .i• . �'��
Robert Schafer
Printed Name
Vice President - Cenral Divisions }
Official Title
A TRUE COPY
CERTIFICATION ON LAST PAGE PERFORMANCE BOND Psa
J.K. BARTON, CLERK
BK : 1997 PG : 2203
a'
r »
r
'J►13'TO CORPORATE PR_nvCIPr
K am` t1t�Sacretmy of the corporation named as Principal in the
within bond; R 7` , who signed the said bond on behalf of he Principal was
then[ `m of said corporation: that I know hisRter signature, and his/her
signature thereto is,Swume; and that said Bond was duly signed, sealed and attested for and on
behalf of Said corporation by authority of Its governing body.
Asst Secretary (SEACL)
TO BE EXECUTED BY CORPORATE SURETY:
ETY:
Attest:
�✓id United States Fidelity and Guaranty Company
S Corporate Surety
A 5801 Smith Ave.
- MQ 212034
Business A 7/1
cs „
Telephon ^ilii
dd
By:
(Alli e 1
Wi Phe/DS
r FiS � �
IrrFacf+' s` r r r
George H. Friedlander Company
Name of Local Agency
447 Montreal Ave.
Melboume, FL 329M
Business Address
Telephone: 321254-8477
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
William Phelps to me well known, who being by me first
duly sworn upon oath, says that he/she is the attorney-in- fact for the
UMa>d samo Fkmw w a Guava* cwnp w and that he has been authorized bye stdm FW0W as 04W" caMpa y
to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the
A TRUE COPY PERFORMANCE BOND P&4
CERTIFICATION ON LAST PAGE
JX BARTON, CLERK
EK : 1997 PG : 2204
County of Indian River, Florida Subscribed and sworn to before me this 13th day of February
2006.
Notary Public
My Commission Expires
so �s
�n twm. Lynn
EVq. Saa7
i 4 I +
A TRUE COPY PERFORMANCE BOND PE-5
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK _
I
BK : 1997 PG : 2205
POWER OF ATTORNEY
ST PAUL Seaboard Surety Company United States Fidelity and Guaranty Company
TRAVELERS St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company
Power of Attorney No. 24495 Certlticale No. 2422730
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the Stam of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "). and that the Companies
do
hereby make, constitute and appoint
Williarn Phelps
Melbourne Florida
of the City of , State , their true and lawful Adu6cZ(s-)4h-Nct:
each in their separate capacity if more than one is named above, to sign its name as surety m, and to execute, seal and acknowledge any and all bgnds,- rt 'edakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity ofRgl` , gm?rara€
the
performance of contracts and executing or guaranteeing bonds and undertalunitssrrNum: or tried ip rty actions or proceedings allowedIN WITNESS WHEREOF, the Companies
have caused this instrument �i a ` -ZOth Oetocir 2 --
ptgbe stgrtz�i aa� se cCtht'E day of �_
Seaboard Surety Company v ~ 1 °a'HJnited Stales Fidelity and Guar" Company t;•,
St. Paul Fire and Marine Insotno>inv 4y%,fA Fidelity and Guaranty insurance Copipuny .
St. Paul Guardian bounce Core Fidelity and Guaranty Insurance Underwriters, Inc.
SL Paul Mercury Insurance rdfg 9yyy �S k si` -�
.p,,paRrr 4 di-"mss
" 1827 '�°�SE f ® JOHN F SIMANSKI. IR.. Vice Pre:tlent
aEAL
rea �k'<. �.t . xw• �
State of Maryland —
City of Baltimore ROBERT P. MCGUIRE. A.Noont Secrnary
On this 20th day of October 2004 before me, the undersigned officer, personally appeared John F. Simanski. Jr.. and
Robert P. McGuire, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and .Marine
Insurance Company, St. Paul Guardian insurance Company, Si. Paul Mercury Insurance Company, United Statex Fidelity and Guaranty Company, Fidelity and Guaranty
Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals
of said
Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names
of the
corporations by themselves as duly authorized officers.
BCnl
In Witness Whereof, 1 hereunto set my hand and oC'icial sealMy Commission expires [he Isl day' of July, 2006. REBECCA EASLEY-ONOKALA. Notary Public
A TRUE COPY
CERTIFICATION ON LAST PAGE
86203-11 -04 Printed in U.S.A. J ,K. BARTON, CLERK
BK : 1997 PG : 2206
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Memory Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, Nat in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other imstrumenn relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with Nese resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the time and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officens and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Atlomey(s)-in-Pact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile sea] shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached: and
RESOLVED FURTHER, that Attomey(s)-in-Fz n shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings Obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
1, Robert P. McGuire, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company,
SI. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked.
� lIt {�
IN TES� liWHEREOF, I hereunto set my hand this _J day of 1 aRLtNRr , J�OL
LR; wrtn o '.. -
to lot
" •! 39aaL� �Sitr, 1� ®R,
Iu1� ROBERT P. MCGUBtE. Auisnt 8ureury
n ity of this Power of Attorney, call 1-800.4 in 'rt, tth�i�� y clerk Pleatr refer m fhe Power ofAdorney number,
".IFS Iduak and the details of the bond to whie l e b}a�tt-Q4Q� �^ w
`I . ,(' VN-)
A TRUE COPY
CERTIFICATION ON LAST PAGE
J. K. BARTON, CLERK
BK : 1997 PG : 2207
INDIAN RIVER COUNTY
POST HURRICANES FRANCES AND JEANNE EMERGENCY BEACH RESTORATION
JOBN•S ISLAND SEGMENT
COUNTY PROJECT # 0540
PAYMENTBOND
KNOW ALL MEN BY THESE PRESENCES:
That BY THIS BOND, We,* Ran V.0ir Construction Industries Inc.
. BX 4589, Fort tarts, FL 34979 7721464-6460
as Principal and e* United States Fidelity and Guaranty Company
bW1 bmmm Ave., 88ltlmore, MD 21203- 8 f42.8!34 0M Hu,o-ed Fwty�FNe naw.w
as Surety, are held and firmly bound onto the County of Indian River in the scan of
m,sew* wm.d w wn end 7mlta0
Dollars (S 11145,718.7 . amounting to 1000A of the total bid price, for due payment of said sum we bind
ourselves, our heirs, cwWors, administrators and assigns, jointly and severally, for the faidM performance
of a certain written contract, dated the day of 2006; entered into between the
Principal and the County of Indian River, Florida, for.
Indian River County POST HURRICANES FRANCES AND JEANNE EMERGENCY BEACH
RESTORATION — JOHN'S ISLAND SEGMENT
County Project # 0540
A oopy of said Contract is incorporated herein by reference and is made a Part hereof as if fitly copied
herein.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, tllat, 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 fill force and effexx, subject to the following terms and conditions:
A. A cla®aW as defined in Florida Statutes section 255.05 (1) supplying the Principal with
labor, materials, or supplies, used dowdy or indirectly by the Principal in the prosecution of
the work provided for in the CourniM
B. The provisions of Section 255.05 Florida Statutes, together with all notice and time
provisions contained therein, shall apply to this Bond.
This Bond shall retain iq fug Sone and effi ct for a period of one (1) year from the completion of
performance of the labor or completion of delivery of the materials and supplies under the Contract.
No action on this Bond shall be brought 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 lien for labor or materials furnished nished for any work included in or
provided by said Contract
The Surety, for value received, hereby agrees that no change, extension of ting alteration of or addition to
the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable
thereto, or compliance or noncompliance with any formalities connected with the Contract or any changes in
or under die Contract shall in any way affect its obligations on this Bond, and the Sinety 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.
PAYMENT BOND PA-1
Owner. Indian River County
1840 25th Street, Vero Beach, FL 32960 772/567-8000 A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON, CLERK
BK : 1997 PG : 2208
IN WITNESS WHEREOF, the above bounded parties executed this imtrument under (heir several seals this
13th day of 11Wmanr , 2006, the name and corporate seal each corporate puty being hereto
affixed and these presents My signed by its undersigned representative, pursuant to authority of its
governing body.
Signature of Individual
Address
WHEN THE PRINCIPAL IS A PARTN R HIP
Signed, sealed and delivered in the presence of:
Witness Name of Partnership
Address Pa
Partrrer (Seal)
Printed Name of Partner
Witness
Address
/tt�es� WMN THE PRINCIPAL IS A CORPORATION :
A 06 RarKw Construction lndusales Inc.
farT Secretary
Narnepflp n
13
(Alco CwpwMe Sed)
Robert Schafer
Printed Name
Vice Preaident - Central Division
Official Title
PAYMENT BOND PA-2
A TRUE COPY
CERTIFICATION GN LAST PAGE
J. K. BARTON, CLERK
BK : 1997 PG : 2209
ATfAsTo CORPORATE PRINCIPAL
r . ( -
the{ I a fbe Secretary of the corporation named as Principal in the within
bond that ,fir 4r s6t • , wbo signed the said bond on behalf
of the Prmcipal wast e s of said corporation: that I ]mow his/her
signature, and his/her signattim quirao is and that said Bond was duly signed, seated and attested
for gpd on behelf�t corporation by audwity of-Its governing body.
IA - ay
Secretary (SEAL)
TO BE EXECUTED BY CORPORATE SURETY:
Attest:
4ym� �; G United States Fidelity and Guaranty Company
Secretary Corporate Surety
Aur 5801 Smith Ave.
J3gW . IVID 21203
Business Add
nOc .
Telephone:
(A
lam P s
Atroray-Io-Fsc0 /Ppp IVIS �1
George H. Frledla q Co ny
Name of Local
447 Montreal
Melhoum s- FL 3M3
Business Address
Telephone: 321254-8477
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
William Phelps ro me well Imowx4who being by me fust duly sworn upon oath, says
that he/she is the attorney m fact for thestl C."
roy I and that he/she has been authorized by
UntW States Fldenw rid Gmw* Comore t0 execute the foregoing bond on behalf of the CONTRACTOR
named therein in favor of the County of Indian River, Florida Subscribed and swom to before me
this 13th day of Februsry 2006.
pa " L„r oemwy
+� w cwMn" n onset Mo Notary Public
My Conur%issioq Expires EVWel ektesma7A,
'G
*INSERT NAME, PRINCIPAL BI,ISIDT09 AB) $ONE NUMBER OF THE CONTRACTOR
"INSERT NAME, PRINCIPAL"BU$1?i4S AIt®RWS,, Al% , PHONE NUMBER OF SURETY
mA� IkAT BOND A TRUE COPY PA-3
CERTIFICATION ON LAST PAGE
J .K. BARTON, CLERK
BK : 1997 PG : 2210
POWER OF ATTORNEY
STPAUL Seaboard Surety Company United States Fidelity and Guaranty Company
TRAVELERS St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company
Power of Attorney No. 24495 Certificate No. 2422729
KNOW ALL MEN BY THESE PRESENTS: Thal Seaboard Surely Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do
hereby make, constitute and appoint
William Phelps
Melbourne Florida
of the City of , State , their true and )-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge - 'ngs,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fid elj the
performance of contracts and executing or guaranteeing bonds and undenakings�rp�Wed or i any actions or proceedings a 'd by faw ;4oth
,
�v
IN WITNESS WHEREOF, the Companies have caused this instmmerl�7q:b`2s skn'64 aad'scr; ed 1grS- '6 day of X10ber
Seaboard Surety Company -y,u y�1$ I S�"t Ay4nite l States Fidelity and Guaranty Company
St. Paul Fire and Marine [rrgtstt��''Sp torQad5g i Fidelity and Guaranty Insurance Company
St. Paul Guardian Insuranc�Co'�as' - ' d- _ Fidelity and Guaranty, Insurance Underwriters, Inc.
St. Paul Mercury Insurance C
,A x 2 �., tel • �G�+-�+�'�g
surows
.;%. �°. y 'y ~ - i®rns (/
o�ro� rrw ! ®827 Jk SEAL �'g 3`� EE g U9a JpHNF SIhfAVSK1. JR . Vice Prc.iCem
a
Stale of Maryland
City of Baltimore ROBERT P MCGUIRE. Acsktant Secrcmry
On this 20th day of October 2004 , before me. the undersigned officer, personally appeared John F. Simanski, Jr.. ;utd
Robert P. McGuire, who acknowledged themselves to he the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine
Insurance Company, Sl. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty
Insurance Company, and Fidelity and Guaranty Insurance Underwriters. Inc.; and that the seals affixed to the foregoing instrument are the corporate leak
of said
Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the nares
of the
corporations by themselves As duly authorized officers.
ecIn Witness Whereof, 1 hereunto set my hand and o(fcial seal,My Commission expires rhe Ist day of July, 2006. REBECCA Fast-Fv-ONOKAI-A.
Nrnary Puna
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON, CLERK
86203-11 -04 Printed in U.S.A.
l
BK : 199 PG : 2211
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Dvecrors of Seuboard Surety Company, St. Paul
Fre and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Peul Mercury Insurance Company, United Staffs Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September Z 1998, which resolutions arc now in full force and
effort, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the time and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall he valid and binding upon the Company with respect to any bond or undertaking in
which it is validly attached; and
RESOLVED FURTHER, that Attomey(s)-in-Fsot shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-ia-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
1, Robert P. McGuire, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Memory Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty insurance Company, and Fidelity and Guaranty Insurance
Underwriters, "'f(ereby certify that the above and foregoing is a me and correct copy of the Power of Attorney executed by said Companies, which is in full tome
and effect.arjd Yi'IG4,been revoked.
IN, Y' xrlrREO$ I hereunto set my hand this 13T day of
` p
elf t s,^, o'e 0'-)ft% ear. �axc oQ�'Jo O ` ROBERT P. MCGUIRE, Assisrmt Secretary .
+ e-dAin' defry of this Pawed taAttorney, on to whic � �}
_ f y clerk Please refer to the Power of Attorney number,
the ed individuals and the details of the bond to whir e
ICA
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS 18 TO CERTIFY THATTHIS IS A
TRUE AND COR CT COPY OF THIS
ORIGINAL ON F14E N THIS OFFICE.
r' aawawti
� GATE U CL
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