1206-Barracuda Perform BdSECTION 00605
Bond No. FLC54904
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Ba rracuda Building CorBor -ation
(Name of CONTRACTOR)
100 Ocoee- Apopka Road, Sui-e 300, Apopka, FL 32703 (407) 814 -8644
(.address of CONTRACTOR)
A _ _ern pra mn __ _. , hereinafter called
(Corporation, Partnership or Individual)
Principal, and Merchants Bond •, iq rmjan�z
(Name of Surety)
210 Fleur Drive, Des Moines, IA 50321 (800) 678 -8171
(,address of Surety)
hereinafter called Surety, are held anc firmly bound unto 1) City of Sanford
hereinafter called OWNER, in the full anti jusi: Guin of OLD lluiidrred sixLy our Thuusaii
Ni Hundred --- DOLLARS ($1 3 4, 900. 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 f,everally, firmly by these presents. The sum shall not be
less than one hundred ten percent (110 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated the 14 t nday of January , 2008
a copy of which is hereto attached and made a part hereof for the construction of 2)
No rthshore /Marina Island Restablilization Project, Phase - �A
7) Name of Owner
2) Name of Project identified In Instrucrions to aidlers
This bond is being entered into to sa'Isfy the requirements of Section 255.05 Florida Statutes
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any anti all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOF is bound_
NOW, THEREFORE, the condition of this obligation is such that if Principal,
Promptly and faithfully performs its duties, all the covenants, terms, conditions,
and agreements of said Agreement including, but not limited to the insurance
provisions, guaranty period and the warranty provisions, in the time and manner
prescribed in the AgreF ment, and
00605 -1
SP:ULIBO5280`:
2, Pays OWNER all losaes, damages, delay damages (liquidated or actual),
expenses, costs and c.ttorneys' fees, including costs and attorney's fees on
appeal that OWNER sustains resulting directly or indirectly from any breach or
default by Principal undor the Agreement, and
3- Satisfies all claims an J demands incurred under the Agreement, and fully
indemnifies and holds h armless the OWNER from all costs and damages which it
may suffer by reason or failure to do so, then this bond is void; otherwise it shall
remain in full force and effect.
The coverage of this Performa ice Bond is co -equal with each and every obligation of
the Principal under the above referenc Agreement and the Contract Documents of which the
Agreement is a part.
In the event that the Principal shall" fain to perform any of the terms, covenants and
conditions of the Agreement and the contract Documents of which the Agreement is a part
during the period in which this Performance Bond is in effect, the Surety shall remain liable to
the OWNER for all such loss or damage.
In the event that the Surety fans to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnify end hold the OWNER harmless from any and all foss,
damage, cost and expense; including reasonabl
e attorneys' fees and r4sts for all trial and appellate proceedings, resulting direc ly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This subsection shall survive the termination or cancellation of this
Performance Bond.
The Surety. stipulates and agrees that its obligation is to perform' the Principal's work
under the Agreement under the Bond. The following shall not be considered performance under
the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the
Contract Documents, (ii) Surety's offer. to OWNER to buy back the Bond, and (III) Surety's
election to do nothing under the Bond s fall 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: (1) take over
performance of the Principal's Work and be the completing Surety even if performance of the
P'rincipal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's
Work to a completing contractor with Surety remaining liable for the completing contractor's
performance of the Principal's Work and furnishing adequate funds to complete the Work. The
Surety acknowledges that its cost of completion upon default by the Principal may exceed the
Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived by OWNER.
The Surety, for value receives, hereby stipulates and agrees that its obligations
hereunder shall be direct and immedia,e and not conditional or contingent upon OWNER's
Pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i)
amendments or modifications to the Agreernent entered into by OWNER and Principal without
the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the
Agreement granted by OWNER to Principal without.the Surety's knowledge or consent, or (iii)
the discharge of Principal from its obligations under the Agreement as a result of any
Proceeding initiated under the Bankruptcv Code of 1978, as the same may be amended; or any
similar state or federal law, or any limitation of the liability or Principal or its estate as a result of
any such proceeding.
DPCCLIBu52203
00605 -2
Any changes in or under th i Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall
not affect Surety's obligations uncle- this Bond and Surety hereby waives notice of any suclz
changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or
decrease in accordance with Chang: Orders (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
The Performance Bond and '`he Payment Bond and the covered amounts of each are
separate and distinct from each othe
This Bond is intended to c )mply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionelly, to provide common law rights more expansive than as
required by statute. The Surety a.g - ees that this Bond shall be construed as a common law
bond.
IN WITNESS WHEREOF, this instrument is executed this the 21st day of January
, 2008
- EST:
ecretaty (Principal)
c C vl
Typed Name
Barracuda Building Corporation
incipal (Contractor)
y;Signature)
Typed Name and Title
(CORPORATE SEAL)
__.��
Typed Name
r
1000 Ocoee- Apopk Rd, Ste 400
Address
Apopka, FL 32703
City, State, Zip —�
407 - 814 - 8644/407 -814 -8044
Telephone No, Facsimile No.
ATTEST:
(Surety) Secretary
Merchants Bondin Company
Sure /
Typed Name
(CORPORATE SEAL)
Telephone No, Facsimile No.
00605 -3
SP6000052STA
SURETY AFFIDAVIT
STATE OF Florida
COUNTY OF Volusia
)SS
Before me this day personally appeared Douglas B. Leek who, being duly
sworn, deposes and says: That he executed the accompanying Bond on behalf
of the Surety therein named, and that he had lawful authority to do so.
Signed: (-j
Douglas B. Leek
Name:
Attorney -In -Fact
Title:
Sworn to and subscribed before me this
29th day January of 2008
Notary Public, State of Florida
My Commission Expires: 04/30/2010
REBECCA A. ROBINSON
Notan,, Public, State of Florida
My Comae, Expires April 30, 2010
'''•'+,,p:' °
Comm. No 00 508407
My Commission Expires: 04/30/2010
Witness as to Sureiy
Rebecca A . Robinson
Typed Name
_ Ot4to_,
Witness as to Surety
Vince DeLuca
Typed Name
By:
Attorney m -Fac /Resident Agent
Douglas B. Leek
Typed Name
2100 Fleur Drive
Address
Des Moines, IA 50321
City, State, Zip
800 - 678 - 8171/515- 243 -3854
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be , )rior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute th . Bond, If CONTRACTOR is partnership, all partners
shall execute the Bond,
IMPORTANT: Surety companies execs ting 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
Performance Bond on behalf of Surety,
END OF SECTION
00605 -4
SPECLIB9': EiO3
SECTION 00610
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Barracuda Building Corporation
Bond No. FLC54904
('Name of CONTRACTOR)
100 Ocoee -Apo ka Road, Sui te 400, Apopka, FL 32703 (407) 814 -8644
(;address of CONTRACTOR)
a Corporation
hereinafter called
(Corporation, Partnera.-jp or Individual)
Principal, and Merchants Bonding Company
Name of Surety)
2100 Fleur Drive, Des Moi: Zes, IA 50321 (800) 678 -8171
(Address of Surety)
hereinafter called Surety are held and firmly bound unto J City of Sd iifU d
hereinafter called OWNER, in the full end just Sum of One Hundred Sixty Four. Thousan
Nine Hundred -- DOLLARS 1 E 4 9 00.00- -
- - - - -
�- ) 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 sure shall not be
less than one hundred ten percent (11 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated th 14t hday of Jan uary 2008
a copy of which is hereto attacned and made a part hereof for the construction of 2)
h1arthshor,-/Marin Island destabili Project, Phase 3A
Y� !vEln,e u( UwAOr
2) lvame or Pro/rct itlentffiad in Insr�uctiors ca Brad4rs
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 Principal shall promptly make
payments to all claimants as defined -ir Section 255.05(7), Florida Statutes, sLipplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the
Work provided for in the Agreement, trsn this obligation shall be void; otherwise, it shall remain
in full force and effect subject, however. to the following conditions`:
1. This Bond is furnished for the purpose of complying with the requirements of
Section 255,05, Florida Statutes, as the same may be amended.
2. Therefore, a claimant except a laborer, who I is not in privity with the
CONTRACTOR and whc has not received payment for his labor, Materials or
00610 -1
SPECU .52eo3
supplies shall, within forty -five (45) days after beginning to furnish labor,
Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR
with a notice that he intEnds to look to the Bond for protection. A claimant who is
not in privity with the CONTRACTOR and who has not received payment for his
labor, Materials or supp ies shall within ninety (90) days after performance of the
labor or completion of delivery of the Materials or supplies, or, with respect to
rental equipment, within 90 days after the date that the rental equipment was last
on the job site available for use, deliver to the CONTRACTOR and to the Surety
written notice of the pc rformance of the labor or delivery of the Materials or
supplies and of the non)ayment. No action for the labor, Materials or supplies
may be instituted agains° the CONTRACTOR or the Surety on the bond after one
(1) year from the perfor nance of the labor or completion of the delivery of the
Materials or supplies.
3. The Surety, for value re,eived, hereby stipulates and agrees that its obligations
hereunder shall remain i 1 full force and effect notwithstanding (I) amendments or
modifications to the Agreement entered into by OWNER and Principal without the
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement Granted by OWNER to Principal without the Surety's
knowledge or consent, o (iii) the discharge of Principal from its obligations under
the Agreement as a re: ult of any proceeding initiated under The Bankruptcy
Code of 1978, as the same may be amended, or any similar state or federal law,
or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
4. Any changes in or under the Agreement or Contract Documents and compliance
or noncompliance with any formalities connected with the Agreement or the
changes therein shall no', affect Surety's obligations under this Bond and Surety
hereby waives notice o any such changes. Further, Principal and Surety
acknowledge that the Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
The Performance Bond a! id the Payment Bond and the covered amounts of each
are separate and distinct krom each other.
IN WITNESS WHEREOF, this instrument is executed this the 21st
2008 day of January
Barracuda Building Co rp o ration
PNcipal (Contractor) !7
ped Name and Title
1000 Ocoee- Apopka Rd. Ste 400
SPECL15052203
00610 -2
SURETY AFFIDAVIT
STATE OF Florida
COUNTY OF Volusia
)SS
Before me this day personally appeared Douglas B. Leek who, being duly
sworn, deposes and says: That he executed the accompanying Bond on behalf
of the Surety therein named, and that he had lawful authority to do so.
igne
Douglas B. Leek
Name:
Attorney -In -Fact
Title:
Sworn to and subscribed before me this
29th day January of 2008
CAI
Notary Public, State of Florida
My Commission Expires: 04/30/2010
REBECCA A.ROBINSON
W
Nota ry Public, State of Florida
M Comm Expires April 30, 2010
Comm No. DD 508407
My Commission Expires: 04/30/2010
kUORPORATE SEAL)
(Witness to Principal)
Typed Name
ATTEST:
(Surety) Secretary
Address
Apopka, FL 32703
City, State, zip
407 -814- 8644/407- 814 -8 044
Telephone No. Facsimile No.
Merchants Bonding Company
Surety
Typed Name
(CORPORATE SEAL)
Witness as to Suraty
Rebecca A. Robinson
Typed Name
— V
:Q
Witness as to Surety
Vince DeLuca
Typed Name
Telephone No. Facsimile No.
By.
Attormay . a` /PesidenL AyenL
Douglas B. Leek
Typed Name
2100 Fleur Drive
Address
Des Moines, IA 50321
City, State, Zip
800 - 678 - 817 1/515- 243 -3854
Telephone No. Facsimile No.
NOTE: Date of the Bond must not b. prior to date of Agreement. if CONTRACTOR is a joint
venture, all venturers shall execute 'he Bond. If CONTRACTOR is Partnership, all partners
shall execute Bond.
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 hlorida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00610 -3
SPkt:Li9U52903
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY FLC4904
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
Jim W. Henderson, M. Decker Youngman, III, Richard A. Freebourn, Jr., Douglas B. Leek
of Daytona Beach and State of Florida its true and lawful Attomey -in -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power -of- Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attomeys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE ll, SECTION 9 - 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 obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MIJTUAt.) has mused these nrPsanN to hp sinned hV itc Praciriant ant
its corporate seal to be hereto affixed, this 19th day of April 2007 .
STATE OF IOWA
COUNTY OF POLK ss.
On this 19th day of April , 2007 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
CINDY SMYTH �.
_'N Commission Number 173504
A RP My Commission Ex
March 16, 2005 Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
0o ?ORPOq�'
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MERCHANTS BONDING COMPANY (MUTUAL)
I " /- -, e, 7 7 "4 " �-
President
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this
21st day of January
POA 0001 (1/06)
2008 �,.••• •,�
�o ?ORP09' '
• : c, `
a' 1933 : c;
.
. •
Secretary