Loading...
HomeMy WebLinkAbout2007-268 AGREEMENT �1 _ This Agreement made and entered into this 4th day of September 20 07 by and between Summerl i n ' s Marine Construction , LLC hereinafter called the Contractor and Indian River County herein called the Owner. Witnessed: That whereas , the Owner and the Contractor for the consideration hereinafter named, agree as set forth below: Article 1 . Scope of Work As per specifications of advertised and seated bid in Indian River County Bid # 2007035 / Summerlin ' s Marine Construction , LLC Contractor, as an independent Contractor and not as an employee, shall furnish, for the sum of Two Hundred Fifty Six Three Hundred Fifty & zero cero6llars (S 256 , 350 . 00 ) all of the necessary labor, material, and equipment to perform the work described in accordance with the Contract Documents. Article 2 . Time of Completion 120 Days from receipt of the Notice to Proceed. Article 3 , General The Contractor hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The Owner and Contractor agree to maintain records, invoices, and payments for the work. The Contractor shall provide Performance and Payment Bonds for all work in this Agreement. All work under this Contract shall be done to the satisfaction of the Owner, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the Contractor, and his decision thereon shall be final and conclusive; and such determination and decision, in case ay question shall arise, shall be a condition precedent to the right of the Contractor to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court or competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. Article 4. Quantities and Prices The Owner shall pay the Contractor for all work included and completed in accordance with this Contract, based on the items of work set forth in the Contractor' s Bid Form. Article 5 . Acceptance and Final Payment Page 49 of 57 When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the Contractor, and filed with the Owner within fifteen ( 15 ) days after the date of completion. The final estimate shall be accompanied by a Certificate of Acceptance issued by the Engineer, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed As-Built Drawings of the actual construction have been furnished to the Owner and verified. In accordance with the Florida Prompt Payment Act, after receipt of the Engineer' s final acceptance by the Owner, the Owner shall make payment to the Contractor in the full amount. Payment of the lump sum amount and acceptance of such payment by the Contractor shall release the Owner from all claims or liabilities to the Contractor in connection with this Contract. Article 6. The Contract Documents The General Conditions, Special Conditions, Specifications, Bid Documents, Insurance Requirements (Exhibit A), Bonds, and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. Article 7 . Venue This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of Federal jurisdiction, in the United States District Court for the Southern District of Florida. (Contractor) (Owner) tv z� Indian River County, Florida Co ctor Owner res ent Gary C . reeler, BCC Chairntri Witnessedby : 4Approved by. BCC ' ''/ Q7 Attest: APPROVED Jeffrey K. Barto , Clerk of Circuit Court By: YsTp� b . Baird, County Administrator Deputy Clerk Appr ve a t Fo nd L a I ency BY f2 ', County Attorney Page 50 of 57 BK : 2211 PG : 108 Bond No . F19681 PAYMENT BOND Know All men by these presents: B71 's Bond we Stmmerlin ' s Marine Constrctiion , LLC , 200 Naco Road #C , Ft . Pierce , FL 34946 , 172 ) 464-6.090 (insert name, principal business address, and telephone number of Principal/Contrictor) ag Principal (Contractor) and ACSTAR Insurance Company , 233 Main Street , New Britain_, Cr 06050 ( 860 ) 224 -2000 (Insert name, principal business, and telephone number of Surety) a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, 1840 25'' Street, Vero Beach, Florida 32960, (772) 567- 8000), in the sum of TWo Hundred Fifty Six Three Hundred Fifty and Zero Cents Dollars ($ 2567350 . 00 ), (Written Amount) (Numeric Amount) amounting to 1001/9 of the total bid price. For payment of said sum we bind ourselves, our heirs, executors, administrations and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 4th day of September 2CE, entered into between the Principal and the County of Indian River, for: Bond Number: F19681 Project Name: North Sebastian Conservation Area Boardwalks Bid Number: 2007035 Project Address: Project Description: A copy of said Contract is incorporated herein by reference and is made a part hereof as 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 claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or indirectly by the 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. The provisions of Section 255.05 Florida Statutes shall apply. The above name Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined, who has not bee 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 of Indian River 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: Page 45 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2211 PG : . 109 Bond No . . F19681 Unless claimant, other than one having direct contract with the Principal, shall within forty-five (45) days after beginning to famish 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 . Unless claimant, other than one having direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials or supplies, deliver to the Principal and Surety written notice of the performance of such labor or delivery of such materials or supplies and the nonpayment therefore. After the expiration of one ( 1 ) year from the performance of the labor or completion of delivery of the materials or 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. Other then 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 Surety, for valhe received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder 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 do the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X". The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one ( 1) year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings that the County of Indian River sustains because of a default by the Principal under the Contract. In Witness Whereof, the above bound parties executed this instrument under their several seals, this 27th day of September 20.L7, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " ason . . . . . . . . . . . . . . . . Magog . . . Roma se . When the Principal is and Individual: Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Page 46 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK BK : 2211 PG : 110 Bond No , F19681 Address Printed Name of Individual Witness Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When the Pdncigal is a sole oWirtm or operated under . Tradc Name: Signed, sealed and delivered in the presence of Witness Name of Partnership sy: Address Partner Witness Printed Name of Partner . . . . . . Address When the P *jRal is a P hie: Signed, sealed and delivered in the presence of Witness Name ofParhiaship BY Address Partme1 Witness Printed Name of Partner Address (Se HIM the Principal is a ration: Attest: Sumnerlin ' s Marine Construction , LLC N e of Corporation BY*Ir Corpora Sea u t Y6u art rioted Name mp nw�i I r^GfM �X Page 47 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2211 PG : 111 Bond No . F19681 MatlklalU (o I�4�.lP�,(L Official Title certificate.as to Cot orate Principal I _ . certify that I am the Secretary.of the corporation named as Principal in the within bond; the who signed the said bond on behalf of the Principal was then of said Corporation; that I know his signature, and his signature thereto is genuine; and that said Bond was dully signed, sealed and attested for and on behalf of said Corporation by authority of its governing body. (Scat) Secretary To be executed by Corporate Suretv: Attest: ACSTAR InsuranceCompany. S Robert Frazer Corporatese1vtji' ' r y 2.33 Main Street , New. Britdin , CT 96050 Business Add=sg • l Qoffix Corporate Seal) Henry W . Nozko , Jr . , President Attomay-ln-Fact N/A Name of Local Agency Business Address State of CONNECTICUT County of HABTPORD Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared HENRY W. Nozxo , JR * to me well known, who being by me first duty sworn upon oath, Says that he is the attorney--in fact for the ' ACSTAR INSUMCE COMPANY and that be has been authorized by ACSTAR INSURANCE COMPANY to execute the foregoing bond on behalf of the Contractor named therein in favor of the County of Indian River, Florida Subscriibedand sworn before methis 27th day of September 11P MARIt VAssAR )FOUNT =IL10 NotaryPub�lc, >wt State of C CTWI t ' " My Commission.o7cte A TRUE.COPy Page 46 of 57 CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK I BK : 2211 PG : 112 $ond n6 . F19681 233 MAIN STREET • P.O. BOX 2360 NEW BRITAIN, CT DW50-2360 POWER OF ATTORNEY s 000) 224-MM N° 26147 This Pourer of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by Mese presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office In the City of New Britain, Connec6cur, pureuard to the following Resolution, which was adopted by the Board of Directors of the said Company on September 2S, 2006. RESOLVED, That the following Ram shall govem the execution for the Company of bonds, urderlalo gs, ramprinces, contract ad other writings in the nature thwart h) The[tle CMMmen, the Prealdera. arty Vloe Bearded and General Castel, say Alii ay-n-Fact, may emmuts ,orad on behalf of the Compaq try andd bods. male. takings, recopy, contract ad other writings in the aala9thNeof, the same to be aRested when necessity by the Corporate Secretary, or any Assistant Corporate Semeray, ad the 1881 of the Gortpay issued Ifereto; and t atthe Chairman or President nay appoint and artlnrVa any case Officer (elected a appointed!) of the Cornpary, and Atlmtys-In.Fatit to W execute or Oftest to the aeadon of all such writings an behalf of the Cornpery and to affix the seal of the Company themto. (� AM such waiting executed a awed« ce with arae Rules and be 88 binding upon the Company In ay cafe 88lhnugh signed by the Presides and attested to b/ the Corporate Social Np) The signature of the Chairman, the PfeikkiMa a Vice Resident of the Company tray be aflmed by fas4We on any Power ofatomey gamed phssuaa to the Resdutitin, O and the sIg1i of a faratnk to ay arWxxte of any Rich power, and ary such power or carillons basYg such fescimilt sgreaae and sed shelf be valid ad binding alp onq the Company YW1 Such mhe0rcea of the COW", and Alta MA4i Fsd dad have aMaity lo oagfy m verify copies odes Restitution, the By-laws of the Compaq, and amy alhdavit or a retard ofthe ConpenyneoeasaytothadkMrgeofth* *lee. al c data Iohereby ramhgts• aRttlWta eat appoYe `cd HENRY W. NOZKO, JR., ROBERT H. FRAZER, DAVID A. PRICE, MICHAEL P. CIFONE , JOAN C . FORTIER, HENRY W. NOZKO III each 0 tT Individually, its true and lawful Attorney-In-Fact, to make, execute, seal and deliver on Its behalf, and as Its act and dead;any nd all bonds, under- 0 takings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOiLA.9S. 1�t6,000,000.OQ) each, O O and the execution of such writings in pursuance of these presents, shall be as binding upon said Compeny,•ei 'fulfy and ampiy; >ta Ropey bad been iDit * a ecutd and acknowledged by the regularly elected oases of the Corp" at 88 Principal ofnce. —. 1✓ uz m j IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, has hereunto subscribed his name and affixeil C corporate.sea�of , 15PTAR-0 kmaana Company ties 26th day of September 2006. - - i y m ACSTAR Ineursenca Comp ini O mar„ C by +-• Henry W. o Jr., STATE OF CONNECTICUT' ) ) sa. NEW BRITAIN COUNTY OF HARTFORD ) « On to 288, day of September 2006, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr, Praaltlent of ACSTAR w W Insurance Company, to me personally known to be the Individual and officer who executed the preceding Instrument, and he 0 �, acknowledged that he executed the same, and the seal affixed to the preceding Instrument is the corporate sad of said Company, that the sold C corporate Seel and his slgreaaee were duly aa6red by the ahsrhodty and direction of the eek! omporetion, and the Resolution adopted by the Board > t of Directors of said Company, referred to In the preceding Instrument, Is now, in force. O Z U IN TESTIMONY WHEREOF, I have hereunto set my hand and afPored my official sed at the City of New Britain the day and year first above written. `9n6 OTgR sale 40 UBLIC IRA:" , . PlCaatCay O/yNEC,nG� Notary Public - Dane L Plante 1, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, d0. I OF ATTORNEY of which the foregoing is a fid, true and correctIfY'sel POVJEA copy, is in full farce and eRxt. ST TE OF FI wher°Of• f h �h}e�rerart0 subscribed my name as Secretary or Assistant Seaeteryerl@ af�4r18te corpPiicB tsaafo{ the IN IAN RIVEROL)Non, this of Sap t°mhor 2pp ] T IS IS TO CERTIFY THATTHIS ISA tF TR EAND COR CT COPY OF THEORGINALONFI IN ISOFFICE. Robert r/M P. Cffae cowp BARTO Seeretery/ Assistant Secretary DATE li01 DEPUTY �� 1878209 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2211 PG : 104 , 10 / 12 / 2007 10 : 00 AM Bond No . F19681 PERFORMANCE BOND Know all men by these presents: ByThisBond we Sutnnerlin ' s Marine Construction , LLC, 200 Naco Road # C , Ft , Fierce , FL 34946 , ( 772 ) 464-6090 (Insert name, principal business address, and telephone number of Principal/Contractor) as Principal (Contractor) and ACSTAR Insurance Company , 233 Main Street . New Britain , Cr 06050 (860 ) 224-2000 (Insert name, principal business, and telephone number of Surety) a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, 1840 25th Street, Vero Beach, Florida 32960, ((772) 567-8000), in the stun of Three Hundred Twenty 'thousand Four Hundred Thirty Eight and Zero Cents Dollars ($ 320 , 438 . 00 ) (Written Amount) (Numeric Amount) amounting to 125% of the total bid price. For payment of said sum we bind ourselves, our heirs, executors, administrations and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 4th day of September 2007 entered into between the Principal and the County of Indian River, for: Bond Number: F19681 Project Name: North Sebastian Conservation Area Boardwalks Bid Number: 2007035 Project Address: Project Description: A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein. Now, Therefore, The Condition of this Obligation are such, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract 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 the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings f u-nished by the 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 and 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, including reasonable attorney's fee (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the 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 Page 41 of 57 A TRUE COPY CERTIFICATION ON LAST PAW JX BARTON, CLERK BK : 2211 PG : 105 Bond No . F19681 Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. 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 or 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 or Drawings. And, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established in the Certificate of Final Completion as issued by the County of Indian River. In Witness Whereof, the above bound parties executed this instrument under their several seals, this 27th day of September20-L7, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When the hi neipal is and Individual: Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Address Printed Name of Individual Witness Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When the Principal is a Sole Proprietorship or operated under a Trade Name: Signed, sealed and delivered in the presence of. Witness Name of Partnership By. Address Partner Page 42 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2211 PG : 106 Bond no . F19681 Witness Printed Name of Partner Address (Seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When the Principal is a Partnership: Signed, sealed and delivered in the presence of: Witness Name of Partnership By: Address Partner Witness Printed Name of Partner Address (Seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When the Principal is a Corporation: Attest: Sunmerlin ' s Marine Construct: on , Id.0 Secretary Naafi of Corporation By: u r x Corpora[ PSfited Name J MAW.O tap tuituas e Official Title Certificate as to Corporate Principal I certify that I am the Secretary of the corporation named as Principal in the within bond; the who signed the said bond on behalf of the Principal was then of said Corporation; that I know his signature, and his signature thereto is genuine; and that said Bond was dully signed, sealed and attested for and on behalf of said Corporation by authority of its governing body. (Sew) Secretary Page 43 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON, CLERK BK : 2211 PG : 107 To be executed by Corporate Surety: Bond No . F19681 Attest: ACSTAR Insurance rotary : Robert Frazer CorporateSunety ` ? ^ ' 233 Main. Street,", b!6 ' Britain , .06050 Business Address;, By* _. fix Corporate Seal) Henry W . Nozko , jr . , President Attomey-In-Fact N/A Name of Local Agency Business Address State of CONNECTICUT COunty Of HARTFORD Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared _ HENRY W. NOZKO . .tR. to me well known, who being by me first duly sworn upon oath, says that he is the attomey-in fact for the ACSTAR iNsugANcy. COMPANY and that he has been authorized by ACSTAR INSURANCE COMPANY to execute the foregoing bond on behalf of the Contractor named therein in favor of the County of Indian River, Florida. Subscribed and sworn before me this 27th day of September 20.O,Z. /fes/G1hCG rG�Lf4�lN y ? �..p'�4•i MARIE VAtlAR '' ' y' RMANY l0 M Notary Pu b v % I-P uroor a SION > anteam oo i State of Gc7�ttcEC^'�IChrf 't My Commission expikss Page 44 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE JX. BARTON, CLERK BK : 2211 PG : 108 Bond No . F19681 PAYMENT BOND Know all men by these presents: ByBon we Statmerlin ' s Marine Constrctiion , LLC, 200 Naco Road #C, Ft. Pierce , FL 349462 ( /72464 090 (Insert name, principal business address, and telephone number ofPrincipal/Coutrsctor) 8� Principal (Contractor) and ACSTAR Insurance Company , 233 Main Street , New Britain , Cr 06050 ( 860 ) 224-2000 (Insert name, principal business, and telephone number of Surety) a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, 1840 251h Street, Vero Beach, Florida 32960, (772) 567-8000), in the sum of TwoHundred Fifty Six Three Hundred Fifty and Zero Cents Dollars ($ 256 , 350 . 00 ) (Written Amount) (Numeric Amount) amounting to 100% of the total bid price. For payment of said sum we bind ourselves, our heirs, executors, administrations and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 4th day of September AP7 entered into between the Principal and the County of Indian River, for: Bond Number: F19681 Project Name: North Sebastian Conservation Area Boardwalks Bid Number: 2007035 Project Address: Project Description: A copy of said Contract is incorporated herein by reference and is made a part hereof as 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 claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or indirectly by the 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. The provisions of Section 255.05 Florida Statutes shall apply. The above name Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined, who has not bee paid in hill 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 of Indian River 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: Page 45 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2211 PG : 109 Bond No . . F19681 Unless claimant, other than one having 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. Unless claimant, other than one having direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials or supplies, deliver to the Principal and Surety written notice of the performance of such labor or delivery of such materials or supplies and the nonpayment therefore. After the expiration of one (1 ) year from the performance of the labor or completion of delivery of the materials or 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. Other then 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 Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder 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 do the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best' s Key Rating Guide, General Policyholder' s rating of "A" and Financial Size Category of Class "X". The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one ( 1) year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River, The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings that the County of Indian River sustains because of a default by the Principal under the Contract. In Witness Whereof, the above bound parties executed this instrument under their several seals, this 27th day of September 20.7 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. mum season noame " Now . . . s . . . . . . . . . . . . . . . . s . . semanaamon me engage am a ages . . . ones . . . . . . . . . When the Principal is and Individual: Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Page 46 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE J .K BARTON, CLERK BK : 2211 PG : 110 Bond No , F19681 Address Printed Name of Individual Witness Address When the Principal is a Sole ProuIId2MbWoI operated under a Trade Name: Signed, sealed and delivered in the presence of Witness Name of Partnerabip By- Address yAddress Pier Witness Printed Name of Partner . . . . . . address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Seal) . . . . . . . . . . . . . . . . . . . . . When the Principal is a Partners it : Signed, sealed and delivered in the presence of: Witness Name of Partnership By: Address Partner Witness Printed Name of Partner Address (Seal Whrm the Pcincosl is a Crmoratim Attest: Su¢merlin ' s Marine Construction , LLC N of Corporation 13y: �3' v x Corpora S lArmmtyLt� ra rioted Name Mckv%�i 11(� Page 47 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK I BK : 2211 PG : 111 Bond No . F19681 MA�IhtoiN (o t�41uP�,{L Official Title Certificate as to Corporate Princinal I certify that I am the Secretary.of the corporation named as Principal in the within bond; the who signed the said bond on behalf of the Principal was then of said Corporation; that I know his signature, and his signature thereto is genuine; and that said Bond was dully signed, sealed and attested for and on behalf of said Corporation by authority of its governing body. (Seal) Secretary To be executed by Corporate Surety: Attest: ACSTAR Insuram61S2 pang. • SecAtary Robert Frazer Co orate rp Srizet�* . 233 Main Street , New BTitdih , .✓rT 9 050 Business Address J Corporate Seal) Henry W . Nozko , Jr . , President Attorney-In-Fact N/A Name of Local Agency Business Address State Of CONNECTICUT County of HARTFO Before me, a Notary Public, duly eommissionod, qualified and acting, personally appeared HENRY W. NOZRO , JR. , to me well known, who being by me tirot duly sworn, upon oath, says that he is the attorney in {flet for the - ACSTAR INSURANCE COMPANY and that he has been authorized by ACSTAR INSURANCE COMPANY to execute the foregoing bond on behalf of the Contractor named therein in favor of the County of Indian River, Florida Subscribed and sworn before me this 27th day of_ Septemb9i A Kt Mt>o VASSAR �/(�112 Rdefr✓J ' a + c AjkjZ husLtC Notary Public; JWWW EWmAUM. State of `C G7FF =— My Commission. �x � A TRUE.COPY Page 48 of 57 CERTIFICATION ON LAST PAGE J•K. BARTON, CLERK BK : 2211 PG : 112 Bond no . F19681 233 MAIN STREET • P.O. BOX 2350 T� NEW BRffAIN, CT OSO50-2350 POWER OF ATTORNEY ,04 We Wq 224-20DO N° 26147 This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by these present$; That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office In the Cly of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by tte Board of Directors of the said Company on September 28, 2008. RESOLVED, That the lulkst)g %M ad govern to execution for the Company of bonds, unc atakings, remgrizan es, contracts and other w &w In it* nitre therrsof. 0) That the Chairman. the Resident, any Vice Presided sad Served Caamel, or any Ntanry-b-Fad, may executed and an behalf of the Compaq any and s,0 bords, onda- teldige, reoognizam, contracts and oma writings in the nataetereot, the sena to be atesed when necessary by the Corparae Secretary, or any Assistant corporate Sacratay, and the seal of to Company afibed amaeto; and that the Chsmarh a President may appoint and axhatas any aha Olfoar Meta ted a appointed) of the Company, and kafmlyatinfad to an execute Of attest to the execution of all such writings an behalf of tte Compaq and to elk to sed ofthe Conpeny menea. R) Any such ening executed n accordance with these Rues shell be as binding upon the Company In arty case aemagh signed by to President ad attested to by the Corporate seaeey. 0) CJl The signature of the Chairman, the PreaitlSK a a Vice President of the Company my be affaed by ksln* on any power of attorney granted pumwent to tis Resolution, p and the apse" of afecsnile to any a tracate of any such poem, and arty such power orargOwte beeMg such ftedmre signature and seal shell be vdld and binding m on the Company. y (a) Such otter Oificars Of the Company, ad AMarays­M-Fad shall have aMaiy to troy or verify copies of this RemkrMon, the By-laws of the Company, and any d5dava or C record of is Conpany necessary lo the discharge air* duals. nor C does hereby nw*W^ consists and appold HENRY W. NOZKO, JR ., ROBERT H. FRAZER , DAVID A. PRICE, MICHAEL P . CIFONE, JOAN C . FORTIER, HENRY W. NOZKO III each O) Individually, its true and lawful Attorney.In-Fact, to make, execute, seal and deliver on its behalf, and as its act and dead,anyand all bonds, under- 0 takings, recugnizences, contracts and other writings In the nature thereof in penalties not exceeding TEN MILLION DOLLARS, j=h9,000,000.0Q) each ,? and the execution of such writings in pursuance of these presents, $hall be as binding upon said Companyoss fully and amply; as Ribey bad been m > duly exexxded and adapwledged by the regWeriy elated oaara of Me Carnpany at is principal office. a m > IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, has hereunto subscribed his name and affixe&ths corporate.aeal of ACs4TAR C 2 krararna Company the 28th day of September 2006. •* - r C m ACSTAR Insurance Company dl o ...^�... - 0 .m C by .. STATE OF CONNECTICUT J Henry W. 44&0 Jr., as. NEW BRITAIN C COUNTY OF HARTFORD ) .m. On the 28th day of September 2008, before me, a Notary Public of Ms Sante of Connecticut cane, Horny W. Nozko, Jr., PresWad of ACSTAR 12 E Insurance Company, to me personally known to be the Individual and amcer who executed the preceding instrument, and he ;O T acknowbdgsd that he executed the sane, and me asci affixed to the preceding Instrument a the corporate area of mW Company, that the said is C caPoraOe sees and he sgrskrrea were duly sabred by the authority and direction of the said wmporatbn, acl the Resa rbon adapted by the Board > t of Dkectore of asks Company, referred to In the preceding instrument, is now In force. 0 Z U IN TESTIMONY WHEREOF. I have hereunto sat my hand and affixed my official sad at the City of New Britan the day and year first above written. `,ripe L. a OTgR a _•_ s UBLIC �NECTI G� Notary public - Diad L Pere 1, the undersigned, Secretary or Asakterm Secretary of ACSTAR Insvanos Company, do . . OF ATTORNEY of which is foregoing is a full. true and correctPOVJF� copy, is In full force and ST kTE OF FI whaof, I h hereuro subscribed my rtarne as Secretary or Assistant Secretary, am &*d t» (Arpli&6 tfeafol yhg INDIAN RIVER COLINIYroche 21day of Sap tember 2007. TIS IS TO CERTIFY THAT T HIS IS A T TRIJEANDCOR CT COPY OF THE r OR G INAL ON FI IN IS OFFICE. Robot . FrazeryM P. Cl whi$r� BARTON LERK Secretary/ Assists, Secretary R`*rnuse`� IDEPUTY DATE ir... • w A 11 Y I 19 4jjj ♦ 4 1■ v [, �� .• ' m 111 111 / If • • 1 too looloom Ql 00 zo ji If1 1 / 1 I / 11 ■ 111 1"• 11 : C • 11 • • _1 • • I Eke?44 of Y v" • 1 S •i . 1 I_ 1 . kkk 11 y; 30 .J 4CY r4 r1 , 1Ir ' 11 - Iir Irl IIr IIt ■ ' ..�eJ i 1 I a � 1 < 1 I 1 ! r ■ I i ■ a 1 , i •1 I • 1878209 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2211 PG : 104 , 10 / 12 /2007 10 : 00 AM PERFORMANCE BOND Bond No . F19681 Know all men by these presents: By This Bond, we Sumnerlin ' s Marine Construction , LLC , 200 Naco Road # Cy Ft . Fierce , FL 349469 ( 772 ) 464-6090 (Insert name, principal business address, and telephone number of Principal/Contractor) as Principal (Contractor) and ACSTAR Insurance Company . 233 Main Street New Britain , Cr 06050 (860 ) 224-2000 (Insert name, principal business, and telephone number of Surety) a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, 1840 25"' Street, Vero Beach, Florida 32960, ((772) 567-8000), in the sum of Three Hundred Twenty. 'Thousand Four Hundred thirty Eight and Zero Cents Dollars ($ 3209438 . 00 (Written Amount) (Numeric Amount) amounting to 125% of the total bid price. For payment of said sum we bind ourselves, our heirs, executors, administrations and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 4th day of September 2007 , entered into between the Principal and the County of Indian River, for: Bond Number: F19681 Project Name: North Sebastian Conservation Area Boardwalks Bid Number. 2007035 Project Address: Project Description: A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein. Now, Therefore, The Condition of this Obligation are such, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract 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 the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings fiuitished by the 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 and 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 , including reasonable attorney's fee (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the 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 Page 41 of 57 A TRUE coag CERTIFICATION ON LAST PAGE JX BARTON* CLERK EK : 2211 PG : 105 Bond No . F19681 Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. 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 or 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 or Drawings. And, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established in the Certificate of Final Completion as issued by the County of Indian River. In Witness Whereof, the above bound parties executed this instrument under their several seals, this 27th day of September 2007 • the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When the Principal is and Individual: Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Address Printed Name of Individual Witness Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When the Principal is a Sole Proprietorship or operated under a Trade Name: Signed, sealed and delivered in the presence of: Witness Name of Partnership By: Address Partner Page 42 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON, CLERK BK : 2211 PG : 106 Bond no . F19681 Witness Printed Name of Partner Address (Seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . woman " Noses one memo . . own son one Names so Rose Re . one . . ago Wes When the Principal is a Partnership: Signed, sealed and delivered in the presence of: Witness Name of Partnership By: Address Partner Witness Printed Name of Partner Address (Seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When the Principal is a Corporation: Attest: S_unnerlin ' s Marine Construction , LLC Secretary Nam of Corporation sr a� Corpora[ JoU St t tti• k � ted Name Wklw telo Mgwotie Official Title Certificate as to Corporate Principal I certify that I am the Secretary of the corporation named as Principal in the within bond; the who signed the said bond on behalf of the Principal was then of said Corporation; that I know his signature, and his signature thereto is genuine; and that said Bond was dully signed, sealed and attested for and on behalf of said Corporation by authority of its governing body. (Seal) Secretary Page 43 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2211 PG : 107 1'o be executed by Corporate Surety: Bond No . F19681 Attest: ACSTAR Insurance'.CompanyS . Secretary : Robert Frazer Corporate Surety .' 233 Main Street;, Neta Br'i.'tain , kt- b6O50 Business Address . . By. rx Corporate Seal) Henry W . Nozko , jr . , President Attorney-In-Fact N/A Name of Local Agency State Of CONNECTICUT Business Address County Of HARTFORD Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared _ HENRY W . NOZRO _rR to me well known, who being by rpe first duly sworn upon oath, says that he is the attorney-in fact for the ACSTAR INSURANCE COMPANY and that he has been authorized by ACSTAR INSURANCE COMPANY to execute the foregoing bond on behalf of the Contractor named therein in favor of the County of Indian River, Florida. Subscribed and sworn before me this 27th day of ,n. Septem�ber 20m-. MARIE VA99AR NOTARY MMM Notary Pub;#%, .��v . W0MWS810NWBE8AlI8l8l,t?110 State of Gaza IICBT � My Commission expi*spyp�y Page 44 of 57 A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON, CLERK