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1550* Barracuda Performance BondMARYANNE MORSE, CLERK OF CIRCUIT COURT S13AINOLE COUNTY CFN 2012136732 8 07'898 P9s 1895 - 1904; (1Op9s) RECD 11AV2012 02:13:36 Phil REC FEES 86.30, RECD BY J Eckenmth(aA) SECTION 00605 PERFORMANCE BOND Bond No. 0158496 Executed in 2 Counterparts KNOW ALL MEN BY THESE PRESENTS: that Barracuda Building Corporation (Name of CONTRACTOR) 1000 Ocoee - Apopka Road, Suite 400, Apopka, FL 32703 (407) 814 -8644 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) CONTRACTOR, and Berkley Regional Insurance Compa (Name of SURETY) 11201 Douglas Avenue, Urbandale, IA 50322 (515) 473 -3172 \� (Address of SURETY) (Phone No. of SURETY) hereinafter called SURETY, are held and firmly bound unto: the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida 32771; Phone No. (407) 668 -5000 in the full and just Sum of One hundred sixty -one thousand one hundred eighteen and 00/100 Z DOLLARS ($161,118.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we, the CONTRACTOR and SURETY, bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one �. hundred percent (100 %) of the Contract Price. CD c THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents relating eto and as the Agreement may be amended from time -to -time) with the OWNER, dated the Jr day of o fVt11�"�� c; a copy of which may be hereto attached, but, in o. any event, is maintained in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being W entered generally for the construction of: Upsala Rd. Utility Relocations IFB No. 11/12 -16 a✓, (Name of Project) (Contract No.) N W The Project is briefly described as: relocating approximately 660 -ft of 6" sewer force main, 550 - ft of 4" reclaimed water main, and 30 -ft of 12" water main along the east side of Upsala Rd. from St. Johns Parkway to the Lockhart -Smith canal. Upsala Rd. Utility Relocations 00605 -1 PERFORMANCE BOND SPECLIB091509 This Bond is being entered into to, at a minimum, satisfy the requirements of Section 255.05, Florida Statutes, and to satisfy the terms and conditions the Agreement. The SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR: Promptly and faithfully performs all of its duties and responsibilities as well as all of the covenants, terms, conditions, and agreements of said Agreement in its totality, in the time and manner prescribed in the Agreement to the satisfaction of the OWNER, and 2. Pays OWNER all such sums as will be sufficient to satisfy all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees (including, but not limited to, costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by CONTRACTOR under the Agreement), and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this Bond is able to be voided upon demand of the SURETY; otherwise it shall remain in full force and effect. The coverage of this Bond is co -equal with each and every obligation of the CONTRACTOR under the Agreement. In the event that the CONTRACTOR fails to perform any of the terms, covenants or conditions of the Agreement before this Bond is released by the OWNER, the SURETY shall remain liable to the OWNER for all such loss or damage. The SURETY shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expenses enumerated herein with respect to the CONTRACTOR, resulting directly or indirectly from the SURETY's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Bond. The SURETY stipulates and agrees that its obligation under this Bond is to perform the CONTRACTOR's work under the Agreement. The following shall not be considered performance under any circumstance or in any context: (i) SURETY's financing of the CONTRACTOR under the Bond to keep CONTRACTOR from defaulting under the Agreement, or (ii) SURETY's offers to OWNER to buy back the Bond. SURETY's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the SURETY. The SURETY agrees that its obligation under the Bond is to: (i) fully take over performance of the CONTRACTOR's work under the Agreement in a plenary manner and be the completing surety even if performance of the CONTRACTOR's work exceeds the CONTRACTOR's contract price under the Agreement, or (ii) re -bid and re -let the CONTRACTOR's work to a completing contractor with SURETY remaining liable for the completing contractor's performance of the CONTRACTOR's work and furnishing adequate and Upsala Rd. Utility Relocations PERFORMANCE BOND 00605 -2 SPECLIB091509 full funds to complete the work in the required plenary manner. The SURETY acknowledges that its cost of completion upon default by the CONTRACTOR may exceed the contract price set forth in the Agreement. In any event, the CONTRACTOR I's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against CONTRACTOR, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. Further, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. This Bond is intended to comply, at a minimum, with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute; provided, however, that the OWNER shall be entitled to all such common law rights notwithstanding the language used herein. The SURETY agrees that this Bond shall be construed as a common law bond when such construction will benefit the OWNER. The undersigned signatories represent to the OWNER that they are authorized, permitted and empowered to execute this document and bind the entity or person for which they are executing this document and recognize that the OWNER is relying, to its detriment, upon the signature set forth below and the representations, promises, covenants, guarantees and assurances made herein. IN WITNESS WHEREOF, this instrument is executed this the � day of Le-X;3�2 , 20 /2== J ST. CONTRACTOR Attesting Authority Upsala Rd. Utility Relocations 00605 -3 Barracuda Building Corporation CONTRACTOR Signatory Authority NTRACTOR Sign ory Authority PERFORMANCE BOND SPECLIB091509 &ILA m C. 01�_X A_ Typed Name "RATEAL) �fitn to CONTRACT R) 1 c 66 A- 116VAi4l Typed Name ATTEST. ` (SURETY) cretary {dandy „Rujontless Typied1.51RJ e � SEAL) ' i ` 'esg s'to. SURETY p• oss, Witness y . ` F SJ fitness s to SURETY Kathy Clawson, Witness Typed Name J s cvlv fA4��Ngo -- � - Typed Name and Titl 1000 Ocoee - Apopka Road, Suite 400 Address Apopka, FL 32703 City, State, Zip (407) 814 -86 44 (407) 814 -8044 Telephone No. Facsimile No. SURETY Berkley Regional Insurance Company SURETY (515) 473 -3172 (678) 624 -0389 Telephone No. Facsimile No. By: At hey -in- Florida Licensed Resident Agent James S. Penny Typed Name 1904 Boothe Circle Address Longwood, FL 32750 City, State, Zip (407) 834 -0022 (407) 260 -1767 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. The SURETY's obligations run as to all such parties. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Bond on behalf of SURETY. END OF SECTION Upsala Rd. Utility Relocations 00605 -4 PERFORMANCE BOND SPECLIB091509 SECTION 00610 PAYMENT BOND Bond No. 0158496 Executed in 2 Counterparts KNOW ALL MEN BY THESE PRESENTS: that Barracuda Building Corporation (Name of CONTRACTOR) 1000 Ocoee - Apopka Road, Suite 400, Apopka, FL 32703 (407) 814 -8644 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) CONTRACTOR and Berkley Regional Insurance Company (Name of SURETY) 11201 Douglas Avenue, Urbandale, IA 50322 (515) 473 -3172 (Address of SURETY) (Phone No. of SURETY) hereinafter called Surety, are held and firmly bound unto: the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida 32771; Phone No. (407) 668 -5000 in the full and just Sum of One hundred sixty -one thousand one hundred eighteen and 00/100 DOLLARS ($161.118.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents relating the to and as the )�gfeement pay be amended from time -to -time) with the OWNER, dated the day of IV 0 ©_� a copy of which may be hereto attached, but, in any event, is maintained in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: Upsala Rd. Utility Relocations IFB No. 11/12 -16 (Name of Project) (Contract No.) The Project is briefly described as: relocating approximately 660 -ft of 6" sewer force main, 550 - ft of 4" reclaimed water main, and 30 -ft of 12" water main along the east side of Upsala Rd. from St. Johns Parkway to the Lockhart -Smith canal. Upsala Rd. Utility Relocations 00610 -1 PAYMENT BOND SPECLIB091509 This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. The SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall promptly make payments to all claimants as defined in Sections 255.05 and 713.01, Florida Statutes, supplying CONTRACTOR with labor, materials, or supplies, used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as amended as well as for other intents and purposes for the benefit of the OWNER. 2. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sections 713.23 and 713.18, Florida Statutes. 3. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall, before commencing to furnish labor, materials, or supplies for the prosecution of the work, or not later than 45 days after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the CONTRACTOR with a notice that he or she intends to look to this Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his or her labor, materials, or supplies shall deliver to the CONTRACTOR and to the SURETY written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Claimant shall deliver to the CONTRACTOR and to the SURETY written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials or supplies may be instituted against the CONTRACTOR or the SURETY on the bond after one year from the performance of the labor or completion of the delivery of the materials or supplies. 4. The SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against CONTRACTOR, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be Upsala Rd. Utility Relocations 00610 -2 PAYMENT BOND SPECLIB091509 amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. 5. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. Further, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. 6. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. IN WITNESS WHEREOF, this instrument is executed this the l e! 2—' day of O O Barracuda Building Corporation ATTEST. OR Attesting Authority (Witifggr o CONTRACTOR) Typed Name ATTTEST: h0. L (SURETY) S retary C Q. SF * UP.sall�a Rd JtBrA 44elocations SPECLIB091�509 00610 -3 atory Authority Address Apopka, FL 32703 City, State, Zip (407) 814 - 8644 (407) 814 - 8044 Telephone No. Facsimile No. SURETY Berkley Regional Insurance Company SURETY (515) 473 -3172 (678) 624 -0389 Telephone No. Facsimile No. PAYMENT BOND 1000 Ocoee - Apopka Road, Suite 400 Witnes4 as to SURETY Allyson Foss, Witness Typed Name Wiliness A to SURETY Kathy Clawson, Witness Typed Name By: Att -in- c Florida Licensed Resident Agent James S. Penny Typed Name 1904 Boothe Circle Address Longwood, FL 32750 City, State, Zip (407) 834 -0022 (407) 2 60 - 17 6 7 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. The SURETY's obligations run as to all such parties. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Bond on behalf of SURETY. END OF SECTION Upsala Rd. Utility Relocations 00610 -4 PAYMENT BOND SPECLIB091509 No. 1178 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: J. W. Guignard, Bryce R. Guignard, April L. Lively, Margie L. Morris, Jennifer L. McCarta, Allyson Foss or James S. Penny of Guignard Company of Longwood, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00 /100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds x had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, c ° without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following s resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; ° and further o c RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, ° or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further o RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and Y " further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any E person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." d IN WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its cgyp' t "; �. hereunto affixed this 2L day of 2012. e Berkley Regional Insurance Company � �,� By 1E Ira S. Lederman J Halter 'Senior Vice President &Secretary nior ice President " POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. F CONNECTICUT) o CC LtNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, thi day of 2012, by Jeffrey M. Hafter and Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice Pre ' ent and Secretary, respectively, of Berkley Regional Insurance Company. Notary Public, State of C&ffd{IfBL STA7't< OF t^(7NIdEFtlefft Q MY COMMISSION EXPIRES MA* 31. �b17 CERTIFICATE z_ I, th gne'd Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the z f true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked -v ecand that.the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this 3 ofty,'-is attached, is in full force and effect as of this date. '- i isha my hand and seal of the Company, this day of Andr Turn Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group, LLC is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768 -3534 or email BSGInquiry(�i;berkleysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group, LLC 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGCIaim(k.berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains.