1576* Caraway Perf. Bond Bond No. 60092029 MARYANNE MORSE, CLERK OF CIRCUIT COURT
SECTION 00605 SEMINOLE COUNTY b
BK 08049 Pqs 0169 - 175; (7pgs) 43
PERFORMANCE BOND CLERK'S # 2013073399 g
RECORDED 06/04/2013 02:02:14 PM a
RECORDING FEES 61.00 cr
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KNOW ALL MEN BY THESE PRESENTS: that RECORDED BY 3 Eckenroth �d
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Caraway Concrete Construction, Inc. y
(Name of CONTRACTOR) u=a
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1049 W Riviera Blvd., Oviedo, FL 32765 C'
(Address of CONTRACTOR) c
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a Corporation , hereinafter called
(Corporation, Partnership or Individual) p
Principal, and Capitol Indemnity Corporation
(Name of Surety)
115 Glastonbury Blvd., Ste. 5, Glastonbury, CT 06033
(Address of Surety) B-
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\\ hereinafter called Surety, are held and firmly bound unto 1) city of S anford, Florida d
hereinafter called OWNER, in the full and just Sum of -Fifty Thousand and 00/100- `°
DOLLARS ($ 50,000.00 ) in lawful money of the n
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 o
less than one hundred ten percent (100 %) of the Contract Price. cn
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a o
certain Agreement with the OWNER, dated the 15thday of May ,2013 °'
a copy of which is hereto attached and made a part hereof for the construction of 21 0
Concrete Construction and Repair - -IFB 12/13 -23
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Name of Owner
1) Name of Project identified in Instructions to Bidders pr
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This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes
and the Agreement referenced above, as the same may be amended. cp
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The Surety shall be bound by any and all alternative dispute resolution awards and settlements g
to the same extent as CONTRACTOR is bound. o
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NOW, THEREFORE, the condition of this obligation is such that if Principal: P
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covenants, terms, conditions
1. Promptly and faithfully performs its duties, all the cove ,
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and agreements of said Agreement including, but not limited to the insurance
provisions, guaranty period and the warranty provisions, in the time and manner c
prescribed in the Agreement, and w
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2. Pays OWNER all losses, damages, delay damages (liquidated or actual),
expenses, costs and attorneys' fees, including costs and attorney's fees on
appeal that OWNER sustains resulting directly or indirectly from any breach or
default by Principal under the Agreement, and
IFB 12/13 -23 Concrete Construction Repairs Opening Date April 29th 2:OOPM
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 void; otherwise it shall
remain in full force and effect.
The coverage of this Performance Bond is co -equal with each and every obligation of
the Principal under the above referenced Agreement and the Contract Documents of which the
Agreement is a part.
In the event that the Principal shall fail 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 fails to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnify and hold the OWNER harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and costs for all trial and
appellate proceedings, resulting directly 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 offers to OWNER to buy back the Bond, and (iii) 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) take over
performance of the Principal's Work and be the completing Surety even if performance of the
Principal'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 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 Principal, shall remain in 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 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 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.
Any changes in or under the 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 under this Bond and Surety hereby waives notice of any such
changes. Further, Principal 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 and Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
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IFB 12/13 -23 Concrete Construction and Repair
This Bond is intended to comply 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. The Surety agrees that this Bond shall be construed as a common law
bond. "Notwithstanding the provisions of the contract, the term of this bond shall apply
from May 17, 2013 until December 31, 2014.
IN WITNESS WHEREOF, this instrument is executed this the 17th day of May
, 2013 •
Caraway Concrete por Inc.
ATTEST: , Principal -( ontractor)
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ecretary (Princ' I.
By ( ignature) 410 r Nd - (:061 ,� 46i9i�o/1/6ap l4r fL y7-
0 0 0 0 w 9,d =, Typed Name and Title
• 4 •r, 1049 W Riviera Blvd
ii : I , "( ( t - , 1` '. SEAL) Address
Q" - 4,_,,, t ^ y t "., Oviedo FL 32765
/ ti ; No City, State, Zip
icier` LiCil �� 'M t / ✓� 407- 380 -7473 407- 381 -4475
i nrtt.t►a' fess to Principal) Telephone No. Facsimile No.
Ai w, .1. /IBS L'J /e
Typed Name r
ATTEST: 4, M
see attached power of attorney Capitol Indemnity Cor , Ii ',�,,
(Surety) Secretary Surety ,O . , " � ,
888- 244 -3980 Y • - ', .Z i
F- •
Typed Name Telephone No. .�� t o
i 1 ! V ' O " � x V
(CORPORATE SEAL) r
� . C# 'y.
/ /ma . • `��` + ��
/ a.. �. --../...1.1 - By: �LL �w� IIIINN111M�A
ess as to Surety * orney -in- ac
Natalie C. Demers Laura D. Mosholder, Attorney -In -Fact &
Typed Name Typed Name Florida Resident Agent
-w ,2g4 #'41. 1 C 4380 St. Johns Pkwy, Ste. 110
Witnes as to Surety Address
Stephanie McCarthy Sanford, Florida 32771
Typed Name City, State, Zip
407 - 330 -3990 407 - 330 -3949
Telephone No. Facsimile No.
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IFB 12/13 -23 Concrete Construction and Repair
• 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.
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
Performance Bond on behalf of Surety.
END OF SECTION
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IFB 12/13 -23 Concrete Construction and Repair
Bond No. 60092029
• • SECTION 00610
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Caraway Concrete Construction, Inc.
(Name of CONTRACTOR)
1049 W Riviera Blvd., Oviedo, FL 32765
(Address of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
Principal, and Capitol Indemnity Corporation
(Name of Surety)
115 Glastonbury Blvd., Ste. 5, Glastonbury, CT 06033
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto 1) city of Sanford, Florida
hereinafter called OWNER, in the full and just Sum of -Fifty Thousand and 00/100 -
DOLLARS ($ 50, 000.00 ) 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
Tess 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 15thday of May , 2013
a copy of which is hereto attached and made a part hereof for the construction of 21
Concrete Construction and Repair - -IFB 12/13 -23
2) Name of Owner
3) Name of Project identified in Instructions to Bidders
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 in Section 255.05(1), Florida Statutes, supplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal 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:
4. This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as the same may be amended.
5. Therefore, a claimant, except a laborer, who is not in privity with the
CONTRACTOR and who has not received payment for his labor, Materials or
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
IFB 12/13 -23 Concrete Construction Repairs Opening Date April 29th 2:OOPM
labor, Materials or supplies 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 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
(1) year from the performance of the labor or completion of the delivery of the
Materials or supplies.
6. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in 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, or (iii) the discharge of Principal from its obligations under
the Agreement as a result 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.
7. 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 not affect Surety's obligations under this Bond and Surety
hereby waives notice of 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.
8. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other.
"Notwithstanding the provisions of the contract, the term of this bond shall apply from
May 17, 2013 until December 31, 2014.
IN WITNESS WHEREOF, this instrument is executed this the 17th day of May
2013 .
Caraway Concrete Construction, Inc.
ATTEST: -) Principal ( ontracto
w ' i t. l ✓� 4 L
Secretary ( Principal' (Ouiz nture)
rt . i - T tNCy �i0/lidia/ �C�i' �iS� 1` �S /
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A ,
Typed Name and Title e "
X 11 ;a t • e
` l� . F �, - 1049 W Riviera Blvd
qr. V4.91R•4 •` *= "SEAL) Address
0 ° " ` ' Oviedo, FL 32765
i ° u+ t � -- � : � City, State, Zip
, f � 1 " � ! .f,', . . ii , , �, 407- 380 -7473 407 - 381 -4475
� I' 1a, , ,���� U �� 1 � i �ss to m rincipal) Telephone No. Facsimile No.
- ,' 19,4/44/ 01 ; N17.s Afii&
Typed Name
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1FB 12/13 -23 Concrete Construction and Repair
ATTEST:
see attached power of attorney Ca•itol Indemnit Co •o
(Surety) Secretary Surety C . .4 °Y ......
M
888 - 244 -3980 ; # ~
x.�
Typed Name Telephone No. . • �
a. (CORPORATE SEAL), O'. . .
( X-y • '
ess as to Surety Attorney-in-Fact
Natalie C. Demers Laura D. Mosholder, Attorney -In -Fact &
Typed Name Typed Name Florida Resident Agent
4380 St. Johns Pkwy, Ste. 110
Witnes as to Surety Address
Stephanie McCarthy Sanford, Florida 32771
Typed Name City, State, Zip
407 - 330 -3990 407 - 330 -3949
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 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 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
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IFB 12/13 -23 Concrete Construction and Repair