Loading...
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�' : y 1933 : c; 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