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Home My WebLink About2003-014 AGREEMENT THIS AGREEMENT made and entered into this c/,dl.. day of , 20pj, by and between Taylor Industrial Coatings, Inc . 108 East North Avenue , Lake Wales , Florida 33853, 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 for the Indian River County Correctional Facility as prepared by Hagemeyer N.A. And outlined in Proposal (Taylor),included herein dated December 16, 2002. Includes Pods "A", `B", `D", and Kitchen. CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of Fifty Seven Thousand Two hundred Thirty eight dollars and Five Cents ($57,238.05), 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 Payment Bonds at 100% and Performance Bonds at 125 %of the value 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. AGREEMENT PAGE 2 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 Proposal Form. The OWNER shall pay the CONTRACTOR monthly progress payments, less ten(10%) percent retainage for all work included and completed in accordance with this contract. The CONTRACTOR shall provide a description of work completed with each pay request and may include material on site but not yet installed (providing a listing of materials). Article 5. ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, a final estimate showing the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion. The final payment request shall be accompanied by a Certificate of Acceptance issued by the Superintendent of Buildings and Grounds, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until all written warranties have been furnished to the OWNER . In accordance with the Florida Prompt Payment Act, after receipt of the Superintendent of Buildings and Grounds 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 Specifications (Hagemeyer N A), Insurance Requirements (Exhibit A), Bonds, and the Proposal (Taylor's Industrial Coatings, Inc), together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. AGREEMENT PAGE 3 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) Taylor ' s Industrial Coatings , Inc INDI V RIVER COUNTY, FLORIDA Contractor d'AA A^ I 5�Z&77?2�r resident BCC Chairman Witnessed by: Made— A• G(qoop Approved by BCC 412 & "l_ Attest: 1 Jeffrey K Barton, Clerk of Circuit Court County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency ./Aames E Chandler, County Administrator Inft11 fitve Cu Approvtd .pate Admin. 0-3 Lega! O Hudgel / Risk Nigr. p -a,5 Taylor's Industrial Coating, Inc. 108 East North Avenue Lake Wales,Fl 33853 Phone 863-676-5093 Fax 863-676-9573 Proposal Submitted to Phone Date Indian River County (772) 567-8000 December 16, 2002 1840 25" Street ext. 305 Vero Beach, FL 32960-3365 Job Name Indian River County Correctional Facility Attn: Bob Baraglia Fag#(772) 770-5095 We hereby submit specifications and estimates for: Indian River County Correctional Facility Scope of Work: All floors will be diamond grinded with vacuums attached to prevent dust. All walls and ceilings will be sanded with palm sanders and belt sanders. After preparation is complete the walls and ceilings will be coated with 3 mils of#5381. After dry a second coat of#5392 will be applied at 5-6 mils. The floor will be troweled with Bright Cast at 20 mils and broadcasted to rejection. After dry a topcoat of Bright Cast Clear will be applied at 16 mils to lock in the aggregate. The total floor system will be 50-55 mils. Price is based on two showers that will be worked on simultaneously; each pair of showers will be $5,960.00 Total Pod B - $ 23 840.00 Total Pod D - $ 23,840.00 Cb 2003 Total Pod A- $ 3,000.00 Jls° Total Kitchen- $ 3,800.00 �'� . �iYodVtsJ• *Additional cost for 125%Performance and 100% Payment Bond is $2,758.05. **All work will de done per specifications provided by Jim Prevatt, Corrosion Specialist with Hagemyer N.A. Material will be Rust-Oleum—Concrete Protection Systems. Author Signature Greg Taylor ACCEPTANCE OF PROPOSAL-The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. acep • 01/14/2009 12:05 FAX 8636780284 EBD INSURANCE 0101 "i Gib- R6*73 /04 X 60 - .507.5 AC CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYYI PRODUCER 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Swing, Hlackrelder & Duce Ineu ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR I F 0 Box 607 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. iLake Walee YL 33959-0607 INSURED INSURERS AFFORDIN13 COVERAGE NAICO � •-- Taylor Industrial Coatings I., INSURER A: Gregg Taylor rNsuRER B: 109 S North Avenue msuRER c; -- Lake Walea, FL 33853 INSURER D: - j INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING I ANY REQUIREMENT, TERM OR CONVIIION 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. I IN6R DO t "' I.T. AD POLICY NUNSEq POLICY EFFECTIVE POLICYEXPFYI DA MIRATIGN UNI76 A GENERAL UASIUTY OlOG2314051 09'/055/200'1 09/05/2003 EACH OCCURRENCE e I COMMERCIAL GENERAL LIABILITY DAMAGE RENTED N D -- PR I OCCU1eRtl1_ CLAIMS MADE OCCUR MED EXP IAny ane person) e - ---•• PERSONAL&ADV INJURY e InnanAn ' -- GENERAL AGGREGATE e GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMP/OP AGG e POLICY IPRoi lOt 0 AUTOMOBILE UABIUTY ANYAUTO COMBINED SINGLE OMIT L IEes�denp - .. •• I ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY e Mer Pereao j HIRED AUTOS — BODILY INJURY NON•OWNEDAUTOS Per accident e i PROPERTY DAMAGE _ (p.,eccidenll GARAGE UAaIUTY � - AUTO ONLY-EA ACCIDENT e ANYAUTO EA ALC e OTHERTHAN AUTOONLY: AGG $ A O(CFSSI{lMBRELLAUABIUTY 019033229510 08/22/2002 09/21/2003 EACH OCCURRENCE e OCCUR n CLAIMS MADE AGGREGATE 1 2 j DEDUCTIBLE RETENTION $ - wORILEMCOMPENSATIONAND WC STATU• ON. -- EMPLOYERS•UABIUYY ANY PROPRIETOR/PARTNER/EXECUYIvE E.L.EA[N ACCIDENT j OFFICER/MEMBER 6XCLUOLDI Ir was,deecribevnder E.L.DISEASE-EA EMFLOYEEI e j SPECIAL PROVISIONS bolo v OTHER E.L.DISEASE-POLICY LIMIT S i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS I Indian River COunty is also Additional Named Insured j Iaduetrial Floor Covering CERTIFICATE HOLDER CANCELLATION Indian River County SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLW BEFORE THE EXPIRATION Bob Baragua DATE THEREOF,THE I$SUINO INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN 1940 25th St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LETT.BUT FAILURE TO DO SO SHALL Vero Beach, 1L 37960-3365 'MPO"NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER,ITS AGENT$On REPRESENTATIVES. AUTHOEW REPRESENTATIVE 4151 ACORD 25(2001108) °ACORD COAVORATION 1968 1q, C/ PERFORMANCE BOND ' - 4!,,":-; C'' -,"LA. KNOW ALL MEN BY THESE PRESENTS: Bond No. 69476656 By THIS BOND,we -Taylor's Industrial Coating, Inc. 108 E. North Ave. , Lake wales, FL 33853 as Principal (Contractor) (IML"=ME,Principal business address,and telephone number of FrincipayContmctor) mid WESTERN SURETY COMPANY (605) 336-0850 101 S. Phillips Ave. , Sioux Falls, SD 57104-6703 a Corporation, as Surety, CA Owname,,principal business,and telephone lumber of Surety) CA are held and firmly bound unto the County of Indian River,Florida, 1840 20'h Street, Vero Beach,Florida 32960,(772-567-9000),in the sum of Seventy One Thousand Five Hundred Forty Seven and 56/100 Dollars($71,547.56 , amounting to 5% of the LtLj 12 total bid price. For the Payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contact, dated the.day of January 21 20 3 -2. entered into between the Principal and the County of Indian River, for: Bond Number:—694 76656 Project Name: Indian River CQUAI-Y I—nail Shower PLo .iec Project Address: ian River Ind County]ail W 4055 4 1 El Street Vero Beach. Florida 7721567-8000 ext 1419 A copy of said Contract is incorporated herein by reference and is made a part hereof as fiffly copied herein, NOW, THEREFOR, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and 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 sWl, negligence or default including patent infringement on the part of the Principal, hi performance of said Contract, including errors in the Drawings agents or employees, in the execution or na s furnished by the Principal, and further, if the-Principal shall Promptly make payments to all who supply c-n him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said C ontract,then this obligation shall b e null and void- otherwise,the Principal and Surety,jointly and severally, agree to pay the County of Indian River and d� ifference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or 17�74 dexm-�,n ice RECEIVED APR 2 3 2003 k" CLERK TO THE BOARD 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 Indian R Iver against, a nd w illp ay any and all amounts,damages, costs and judgments w hick 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 periad 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 28th day of March ---___, 20_03 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 AN INDIVIDUAL: Signed, sealed and delivered in the presence of Witness Signature of Individual Address Printed Name of Individual Witness Address WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPEPATED UNDER A TRADE v 1VA�ME__: Signed, sealed and delivered in the presence of N Witness Name of Partnership Q v v i4. BY: Address Partner Printed Name of Partner Witness (SEAT-) Address 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 (S�) Address WHEN THE PRINCIPAL IS A CORPORATION: Attes . !J� Taylor's Industrial Coating,; Iz1ta.., ,". SecretaryName of rporatton "a"', 9af),,," 'c�-'[.E�/:~ ...... c�"'�. r'� � .'! i1� is 35�f GVOUOB�ja�� `✓ Gregory J Taylor , Printed Name President : ]�08UU0000 Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL 'r I Ann Taylor , certify that I am the Secretary of the corporation named as Principal in the within bond;that Gregory J Taylor , who signed the said bond on Cil behalf of the Principal was then President of said corporation: cJ1 that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed,sealed -..s QD and attested for and on behalf of Said corporatio authori of its gov • g body. `° 4y Secretary te �wwo' TO BE EXECUTED BY CORPORATE SURETY: 00 J n a w Attcst• B�,F�rva.ler Ass' Sec. WESTERN SURETY COMPANY Secretary Corporate Surety 101 S. Phillips Ave. Sioux Falls_ SD 57104-67 3 '^ rr Busier ss Address BY: �% � �, " -1 K h 4 (Affix Corporate SEAL) E. Whelden Asst. Sec. $F p 9 . s Attorney-In-Fact n. Ewing, Blackwelder & Duce Insurance, Inc. 1330 avvenda� e Blvpncy Winter Haven, FL 33881-1386 Business Address STATE OF FECRUM SOUTH DAKOTA COUNTY OF PrAIWIUM MINNEHAHA Before me,a Notary Public,duly commissioned.,qualified and acting,personally appeared Whelckin, Ass's, secto me well known, who being by me first duly swam upon oath,says that he is the attorney-in-fact for the WESTERN SURETY CCIPANY and that he has been authorized by_ SUETY COMPANY to execute the foregoing bond on behalf of the CONTRACTOR named thera71� inux favor of the County of Indian River,Florida. Subscribed and swornto before me this 28th y w L I6 fi ch 20 03 S.E1CH Notary public, State oPa SOUTH DAKOTA My C i3siOn Expires- My Commission Expires 2.12.2009 END OF SECTION o v Uf7 CD -rt U0 o PAYMENT BONDI IN]TPE KNOW ALL NMN BY THESE PRESENTS: ar BY THIS BOND,we KA Taylor's Industrial Coating, Inc. 108 E. North Ave. , Lake wales, FL 33853 as Principal (Contractor)(Insert name,principal business address,and telephone number of PrincipaYcontractor) and Cn WESTERN SURETY COMPANY (605) 336-0850 101 S. Phillips Ave. , Sioux Falls, SD 57104-6703 as Surety, (Insert name,prbwipal business 4ddress, a corporation, and telephone number of Su=ty) are held and firmly bound unto the County of Indian River,Florida, 1840 25d'Street, Vero Beach,Florida p, EVENTY OA 32960, (772)567-8000, in the sum.of FIVE HUNDREDNETHoFORTusNDY SFVFNa-d 56/10c) Dollars($_57547 W .56 1. Mounting to 100% Of the total bid price. For the payment of said sum we bind ourselves, our heirs, I executors, administrators and ass!lpns, jointly and severally, for the faithfill Performance Of a certain written Contract, dated the 'Q day of 20 0--3 entered into be. :f the,Principal and the County of Indian River, for. L/ _F" Bond Number- 69476656 Project Name Indian River QQI!g�Jail Shower Project Project Address: Indian gtvgr County Jail 40:55 41"Street Vero Beach. Florida (772)567-8000 ext 1419 A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW. THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise,this Bond shall remain in fun force and effect,subject to the following terms and conditions: 4 A. A claimant is defined as any person supplying the Principal with labor, material or supplies - cn used directly or indirectly by the Principal Or any subcontractor in the prosecution of the —J Wor1c provided fpr in said Contract, and is harbor defined M' SOCOoU 713.01 of the Florida Statutes. B. The provisions of Section 255.05 Florida Statutes shall apply C:) Cr% RECEIVED -a" 5hOuld be returned Ice the COUnty Attorne ,. APR 2 3 2003 V" Beach. CLERK TO THE BOARD F'Ortda 3290) 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 been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant,may sue on this Bond for the use of such claimant,prosecute the suit to final judgement for such sums or sums as maybe 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: 1. Unless c laimant,o then t han o ne h aving a d irect c ontract w ith t he P rincipal,s hall w ithin forty five (45) days after beginning to fiunish labor, materials or supplies for the prosecution of the work, furnish the Principal and Surety with a notice that he intends to look to this Bond for protection. 2. Unless claimant, other than one having a direct contract with t he P rincipal,shall within ninety(90)d ays a fter su ch c laimant's p erformance o f t he 1 abor o r c omplete d etivery o f materials or supplies, deliver to the Principal and Surety written notice of the performance of such labor or delivery of such material or supplies and the nonpayment therefore. 3. After the expiration of one (1)year from the performance bf 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. 4. 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 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 year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of India River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, c� 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 instntment under their several seals, this 28th day of March -2 20the name and corporate seal of each corporate party being flo 0 -J C7 hereto affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. WHEN THE PRIIVCIPAL IS AN IND—WMUAL: Witness Signature of Individual Address Printed Name of Individual Witness Address mmummommommd am Somme nos&&OEM mamas ad a WON on Ogg ego a a mammommmommummmon Sam WHEN THE PRINCIPAT IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: Signed,sealed and delivered in the presence of. Witness Dame of Partnership Address BY: Partner Printed Name of partner Witness (SEAL) Address 0 C11 WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of C Witness Name of Partnership Address BY: Partner Printed Name of Partner Witness (SEAL) Address WHEN THEPRINCIPAL IS A CORPORATION: Attest: Taylor's Industrial Coating, Inc. Secretary ,. Name of Corporation a,se {Affix Corporate SE . Gregory J Taylor -51 ,w Printed Name 10 President Official Title F CERTIFICATE AS TO CORPORATE PRINCIPAL I Ann Taylor certify that I am the Secretary of the corporation named as principal in the within bond;that G r e g o r y J Taylor who signed the said bond on behalf of the Principal was then President Ian of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was du1y signed, sealed and attested for and on behalf of d corpoMD'on corpora ' by au rity of' sovernin body. g g • �� ) 's � nnooa nnn ecretary , (SEAL) TO BE l3XECUTED BY CORPORATE SLTttE I'y; r , ,, - ' <�o Attest: , r P EL cchIer9 A.,s't. geC. WESTERN SURETY COMPANY Secretary ''' Corporate Surety t C� N 101 S. Phillips Ave. Sioux Falls, SD 57104-6703 OVa ( n v e Business Address ro BY: (Affix Corporate SEAL) 71 Whelden, Asst. Sec. z Attorney-In-Fact Ewing, Blacc�kweldOe�r & Duce Insurance, Inc. 1330 HavendaTe eDIjycal Agency Winter Haven, FL 33881-1386 Business Address STATE OFjMMt=V SOUTH DAKOTA COUNTY OF4NDV&pfaM MINNFHAHA Before me,a Notary Public, duly commissioned,qualified and acting,personally appeared E. Whelden, Asst Sec. to me well known,who being by me first dulysworn upon oath, says that he is the attorney-in-fact for the WESTERN SURETY CCMPANY authorized by WESTERN SURETY COMPANY and that he has been Ny to execute the foregoing bond on behalf of the Ate' CONTRACTOR named therein in favor of the County of Indian River,Florida. Subscribed and sworn to , le,me , s' y of March 28 2003." f F. t;7' No Public State o SOUTH DAKOTA S.ETCH ""`J My Commission Expires 2-12-2009 �� smmission Expires: END OF SECTION c► CD uCr w Western SuretyCompany POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,Wyoming, and the United States of America, does hereby make, constitute and appoint E. Whelden of Sioux Falls State of South Dakota its regularly elected Assistant cretary as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, polic'%jily mnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and fidelity4 in all cases where indemnity may be lawful) p y e y given; and with full ower and authority to execute consents and waiy� odtfy p.� mor extend any bond or document executed for this Company,and to compromise and settle any and all claims or de m xisf ainst said Company. rn Sure " ty t further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety (:951 95any duly adopted ad e,in force,to-wit: on i oPolicies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the co ®xof pany by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other office rs°¢ N €directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint A �ff"It'- act or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this 28th 2003 day of March ATTEST WEST N URET OMPANY Assistant Secretary By Paul T. Bruflat, enior Vice President STATE OF SOUTH DAKOTA ss COUNTY OF MINNEHAHA On this 28th day of March 2003 Paul T. Bruflat before me, a Notary Public, personally appeared and A. Vietor CA who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President -4 and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be %-0 the voluntary act and deed of said Corporation. } s D. KRELL s S SEAL NOTARY PUBLIC s C} S SOUTH DAKOTA s ., 'f 4�ah�i4yyyy�i�h�ah�sy44hhrs4�i + - My Commission Expires November 30,2006 Notary Public Form 672-4-2002 ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA (Corporate Officer) County of Minnehaha SS On this 28th day of March 2003 ,before me, a Notary Public in a d for said Cppnty,personall a E, VAel an, Ant. Sec. y appeared 1? rsonll ovyn to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURE Y NY', $6dr'poration duly organized and existing under the laws of the State of South Dakota, that the seal affixed to e e n pen, e€�tiis the corporate seal of said corporation, that the said instrument was signed, sealed and executed on'by authority of its Board of Directors, and further acknowledge that the said fi�e�an P Q ��,t�re voluntary act and deed of said corporation. instrument and t e & ' 'TOWEOF, I have hereunto subscribed my name and affixed my official seal the day and year last above ^req Tes =4 Y 4tp�rbs 12-7-�eAe Form 10342,98 " Notary Public C3 .'D U .a G-? J C11