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Performance and North American Specialty Insurance Company
Payment Bond 650 Elm Street, Manchester, New Hampshire 03101
Bond Number : 2058263
KNOW ALL MEN BY THESE PRESENTS , THAT,
Omni Pinnacle , L . L . C . , 1330 Corporate Square Drive, Slidell , Louisiana 70458
(hereinafter called the Principal) , as Principal , and North American Specialty Insurance Company, a corporation
organized and existing under the laws of the State of New Hampshire and authorized to conduct business in the State of
Louisiana (hereinafter called the Surety) , as Surety, are held and firmly bound unto
Indian River County, Public Works Department, 1840 25th Street, Vero Beach , Florida 32960
(hereinafter called the owner) , and to all persons who furnish labor or material directly to the Principal for use in the
prosecution of the work hereinafter named, in the just and full sum of
One million dollars and no cents ( $ 1 , 000 , 000 . 00 ) Dollars ,
to the payment of which sum, well and truly to be made , the said Principal and Surety bind themselves , and their
respective heirs , administrators, executors , successors and assigns , jointly and severally, firmly by these presents .
WHEREAS , the Principal has entered into a certain written contract with the Owner, dated the day
of Ivnvemier 2005 , for Hurricane Debris Removal & Disposal Contract , Indian River
County, Florida
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein .
NOW, THEREFORE , THE CONDITION OF THIS OBLIGATION IS SUCH , that if the Principal shall fully indemnify
the Owner from and against any failure on his part faithfully to perform the obligations imposed upon him under the terms
of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said
Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the
prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his
own name and for his own benefit, subject, however, to the Owner ' s priority, then this obligation be null and void,
otherwise to remain in full force and effect .
PROVIDED , HOWEVER, that no action , suit or proceeding shall be had or maintained against the Surety on this
instrument unless the same be brought or instituted and process served upon the Surety within two years after the
completion of the work mentioned in said contract, whether such work be completed by the Principal , Surety, or Owner;
but if there is any maintenance period provided in the contract for which said Surety is liable , an action for maintenance
may be brought within two years from the expiration of the maintenance period, but not afterwards .
r
IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this day of
220ygrr, ,)ier - 200& `
Omni Pinnacle , L . L . C .
By :
✓ i t BF Ib
1701290
THIS DOCUMENT HAS BEEN RECORDED NORTH AMERICAN SPECIATLY INSURANCe COMPANY
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL +
BK : 1966 PG : 1251 , Pagel of 7
11 /07/2006 at 09 :46 AM , Steven L . Wulff, Attorney- in - Fact
JEFFREY K BARTON , CLERK OF -
COURT
POLICYHOLDER DISCLOSURE
NOTICE OE TERRORISM INSURANCE COVER,dtGE
ENDORSEMENT
Coverage for acts of terrorism as defined in § 102 ( 1 ) of the Terrorism Risk Insurance
Act of 2002 ("the Act") is already included in this surety bond . You should know that,
effective November 26 , 2002, under your existing coverage , any losses caused by
certified acts of terrorism would be partially reimbursed by the United States under a
formula established by federal law. Under this formula , the United States pays 90%
of covered terrorism losses exceeding the statutorily established deductible paid by
the insurance company providing the coverage . The portion of your annual premium
that is attributable to coverage for acts of terrorism is Say .
As your insurance/surety company we are sending you this nofice to comply with the Terrorism Risk
Insurance Act of 2002.
For questions regarding this notce please visit our website www.nassurety. com or you may call our
office at 630- 227- 4825.
REV: ?103 agent notice
11 Va frwwJ Id . I IPI' 1 rR1..11 ' 1 11 VV 1 /"%114 R1 V "r% WLAVI1 / / C / / 0WOW1 r ,
11 -04-2005 12 : 10PM FROM INDIAN RIVER COUNTY 7727789391 P . 2
A%Yl EEMENT
THIS AGREEMENT made and entered into this 23 day of August 720057
by and between Omni P{lmacle. 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 WORD
As per specifications of advertised and sealed bid in Indian River County Bid 0 707(. for
Indian River County Disaster Debris removal and Disposal Contract
OWNER desires to purchase certain goods and services as more specifically set forth in Exhibit B
attached hereto and made a part hereof from Contractor on the terms and conditions set forth herein,
and at the unit prices set forth . in the Bid Form attached hereto and made a part hereof. This
Agreement constitutes a binding Contract when signed by the OWNER and accepted by the
CONTRACTOR, either by execution of this AGREEMENT, or by commencement or rendering of
services without reservations.
Article 2 . NOTICE TO PROCEED
The CONTRACTOR shall not commence work until it receives a writtem Notice to Proceed from the
OWNER. The CONTRACTOR shall commence work within the time frames *established in Exhibit
B for the type of service or project requested after receiving the Notice to Proceed unless the Notice
to Proceed indicates otherwise .
Axticle 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 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 any 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 of 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.
Page 23 of 30
rAPublic WorkFOCapilal ProjwUN11micane C mmias%Hurrieme Debris PArwvul $id Document - Finul.doc
TAT 1 n C. TT YTrMf d""T TT"
r--:NQV. 4_2005 2 : 16P - ND. 2344' P . 2/ 2��
11 -04-2005 12 : 12PM FROM INDIAN RIVER COUNTY 7727789391 P . 4
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All' portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on August 23 . 2005 (the date the Contract is approved by
the Indian River County Board of County Commissioners , which is the Effective Date of the
Agreement).
OWNER: CONTRACTOR ,
DO-IAN RIVER COUNTY
BY — By:
C!
Thomas S. Lowther, Chairman (Contractor)
By: ORPORATE- SEAL)
h A. aird, County Ad2h�Smt istrator
Attest
APPROVED AS TO FORM AND. LEGAL
SUFFICIENCY:
By:
fi!'
2k
William G. Collins, II, County .A,ttorney Address for giving notices :
Jeffrey K. Barton, Clerk of Court
- - - License No .
Attest: (Where applicable)
Deputy Cher
(SEAL) Agent for service of pmeess:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
Page 25 of 30