1258-CFEC,Surety BondI� FLORIDA SURETY BONDS, INC.
°
620 N. Wymore Road,'isiite 200
/ C Maitland, it 32751
407 -996 -7770
Fax 407$6 -7766
G'a
1326 S. Ridgewood Avenuei 415
Daytona Beach 32114
3860888 -0507
Fax 386 - 898 -0510
888 - 786 -BOND (2663)
Fax 888 - 718 -BOND (2663)
August 4, 2009
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Re: Authority to Date Bonds and Powers of Attorney
Principal: Central Florida Environmental Corporation
www.FloridaSuretyBonds.com
Bond No.: 1912376
Project: IFB No. 08/09 -14, Cloud Branch Drainage Improvements - Phase 2 (IFB 08/09 -14),
Coastline Park, Sanford, FL
Dear Sir or Madam:
Please be advised that as Surety on the above referenced bond, executed on your behalf
for this project, we hereby authorize you to date the bonds and the powers of attorney
concurrent with the date of the contract agreement.
Once dated, please fax a copy of the bonds to our office.
Sincerely,
The Hanover Insurance Company
Patricia L. Slauqhter
Attorney -in -Fact and
Florida Licensed Resident. Agent
OBLIGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT: $ 2,594,792.20
CONTRACT NO.: (If applicable) IFB No. 08/09 -14
DESCRIPTION OF WORK: Cloud Branch Drainage Improvements - Phase 2 (IFB 08/09 -14)
PROJECT LOCATION: Coastline Park, Sanford, FL
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
Executed In 4 Counterparts
Public Work
F.S. Chapter 255.05 (1)(a)
Cover Page
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 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) OR SECTION 713.23
FLORIDA STATUTES.
BOND NO:
1912376
CONTRACTOR NAME:
Central Florida Environmental Corporation
CONTRACTOR ADDRESS:
910 Belle Avenue, Suite 1040
Winter Springs FL 32708
CONTRACTOR PHONE NO:
(407) 834 -6115
SURETY COMPANY:
The Hanover Insurance Company
1000 Abernathy Rd. NE #175, 400 Northpark Town Ctr
Atlanta, GA 30328 (770) 353 -6231
OWNER NAME:
City of Sanford
OWNER ADDRESS:
300 North Park Avenue
Sanford, FL 32771
OWNER PHONE NO.:
(407) 688 -5080
OBLIGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT: $ 2,594,792.20
CONTRACT NO.: (If applicable) IFB No. 08/09 -14
DESCRIPTION OF WORK: Cloud Branch Drainage Improvements - Phase 2 (IFB 08/09 -14)
PROJECT LOCATION: Coastline Park, Sanford, FL
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
The Attached Statutory Cover Page Forms and Becomes Part of this Bond
�yl
Bond No. 1912376
Executed in 4 Counterparts
SECTION 00605
r r�
-
D1
'
PERFORMANCE BOND
ccCN
a�
KNOW ALL MEN BY THESE PRESENTS: that
Central Florida Environmental Corporation
(Name of CONTRACTOR)
910 Belle Avenue Suite 1040 Winter Springs Florida 32708 407 -947 -5712
(Address of CONTRACTOR) (Phone No. of CONTRACTOR)
a Corporation , hereinafter called
_
(Corporation, Partnership or Individual)
Principal, and The Hanover Insurance Company
(Name of Surety)
1000 Abernathy Rd., NE #175, 400 North park Town Ctr., Atlanta, GA 30328 (770) 353 -6231
(Address of Surety) (Phone No. of Surety)
hereinafter called Surety, are held and firmly bound unto:
City of Sanford _
(Name of OWNER)
300 North Park Avenue Sanford Florida 32771 407 -688 -5080
(Address of OWNER) (Phone No. of OWNER)
hereinafter called OWNER, in the full and just Sum of Two million five hundred ninety -four
thousand seven hundred ninety -two and 20/100 DOLLARS (32,594,792.20) 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 ten percent (110 of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that wtAreas, th Principal entered into a
certain Agreement with the OWNER, dated the 31 day of — , -I
a copy of which is hereto attached and made a part hereof for the construction of:
Cloud Branch Drainage Improvements - Ph 2 (IFB No. 08/09 -14)
(Name of Project) (Contract No.)
The Project is briefly described as:
The construction of a new 4 acre pond at Coastline Park approximately 890 -ft of new 4x9,
The Project is located (address or general location as shown below):
Coastline Park Sanford FL
00605 -1
SPECLIS022106
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.
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:
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 Agreement, and
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
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. ?he
00605 -2
SPECLIS022108
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.
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.
IN WITNESS WHEREOF, this instrument is executed this the $ day of a usf
20og
E IC f
ATTES
S &nary (Principal)
Typed Name
(C PORATE SEAL)
O�
(Witness to Pri cipal
icib (L- " t10 a (to?
Typed Name
Central Flondo nvironme orpora i on
Prin al (Copt or)
By (Signature)
Typed Name and Title
910 Belle Avenue, Suite 1040
Address
Winter Springs, FL 32708
City, State, Zip
(407) 834 -6115 (407) 834 -639
Telephone No. Facsimile No.
00605 -3
SPECLISM2106
ATTEST:
(Su ty) Secretary
Susan L. Reich
Typed Name
(CORPORATE SEAL)
Witness as to Surety
Christine E. Culp
Typed Name
KIDI- —�
Witness as o Surety
Teresa L. Durham
Typed Name
The Hanover Insurance Company
Surety
(770) 353 -6231 (770) 353 -6217
Telephone No. Facsimile No.
B 4 �
Aftorney-in-Facf
Patricia L. Slaughter, Attorney in Fact & F Lic Resident
Typed Name Agent*
1000 Abernathy Rd., NE #175, 400 North Town C.
Address
Atlanta, GA 30328
City, State, Zip
*(407) 786 -7770 (407) 786 -7766
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.
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
00605 -4
SPECLSWV05
The Attached Statutory Cover Page Forms and Becomes Part of this Bond
Bond No. 1912376
4
Executed in 4 Counterparts
SECTION 00610 "
PAYMENT BOND;
KNOW ALL MEN BY THESE PRESENTS: that
Central Florida Environmental Corporation _
(Name of CONTRACTOR)
910 Belle Avenue Suite 1040 Winter Springs, Florida 32708 407 -947 -5712
(Address of CONTRACTOR) (Phone No. of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
Principal and The Hanover Insurance Company
(Name of Surety)
1000 Abernathy Rd., NE #175, 400 Northpark Town Ctr., Atlanta, GA 30328 (770) 353 -6231
(Address of Surety) (Phone No. of Surety)
hereinafter called Surety, are held and firmly bound unto:
City of Sanford
(Name of OWNER)
300 North Park Avenue Sanford Florida 32771 407- 688 -5080
(Address of OWNER) (Phone No. of OWNER)
hereinafter called OWNER, in the full and just Sum of Two million five hundred ninety -four
thousand seven hundred ninety -two and 201100 DOLLARS ($2,594,792.20) 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 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 ,3 day of fU.CI.L - , 4OC9
a copy of which is hereto attached and made a part hereoor the construction of:
Cloud Branch Drainage Improvements - Ph 2 (IFB No. 08/09 -14)
(Name of Project) (Contract No.)
The Project is briefly described as:
The construction of a new 4 acre pond at Coastline Park, approximately 890 -ft of new 4x9.
The Project is located (address or general location as shown below):
Coastline Park Sanford, FL
00610 -1
SPECLIS022106
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:
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. 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.
3. Therefore, a claimant, except a laborer, who is not in privity with the
CONTRACTOR shall, before commencing 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
the 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 fumishing
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 (1) 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 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.
5. 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
00610 -2
SPECLIS021906
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.
6. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other.
IN WITNESS WHEREOF, this instrument is executed this the S day of a us 7'
2009
Central Florida Environmental Corporatic
ATTE
Secretary (Principal)
Typed Name
(CORPORATE SEAL)
1
(Witness to inci al)
oo
Typed Name
ATTES . `
(Sure y) Secretary
Princip ontract r)
Signature) �`
r ✓r of J 7
Typed Name and Title �fJ/ --
910 Belle Avenue, Suite 1040
Address
Winter Springs, FL 32708
City, State, Zip
(407) 834 - 6115 (407) 834 - 6391
Telephone No. Facsimile No.
The Hanover Insurance Company
Surety
Susan L. Reich
Typed Name
(CORPORATE SEAL)
Witness as to Surety
Christine E. Culp
Typed Name
2Kkp- rr -- )
Witness as to Surety
00610 -3
(770) 353 -6231 (770) 353 -6217
Telephone No. Facsimile No.
Attorney -in -Fact
P atricia L. Slaughter, Attorney in Fact & FL Lic. Resident
Typed Name Agent"
1000 Abernathy Rd., NE #175, 400 North Town C.
Address
SPECLIB021906
Teresa L. Durham
Typed Name
Atlanta, GA 30328
City, State, Zip
* (407) 786 -7770 (407) 786 -7766
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
00610 -4
SPECLUMI 906
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
Leslie M. Donahue, Kim E. Niv, Jeffrey W. Reich, J. Gregory MacKenzie, Susan L. Reich, Teresa L. Durham, Patricia L. Slaughter, Don
Bramlage, Gloria A. Richards and /or Lisa Roseland
of Maitland, FL and each is a true and lawful Attorneys) -in -fact to sign, execute. seal, acknowledge and deliver for, and on its behalf,
and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Ten Million and No /100 ($10,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and
empowered to appoint Attomeys -in -fact of the Company. in its name and as its acts. to execute and acknowledge for and on its behalf as Surety any and
all bonds, recognizances. contracts of indemnity. waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the
seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed
and acknowledged by the regularly elected officers of the Company in their own proper persons " (Adopted October 7. 1981 - The Hanover Insurance
Company: Adopted April 14. '1982 — Massachusetts Bay Insurance Company. Adopted September 7. 2001 - Citizen Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY. MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice
President and an Assistant Vice President, this 2nd day of February 2009.
IOVf Y[ tZ39774LF
9
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZ£NSANSURANCE COMPANY OF AMERICA
Maryy Jfts'Ime %/y�de'r_sury /_ _is: Prey id t .
Ruben K Granron Assistance -.e Prestdent
On this 2nd day of February 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and
officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance
Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
W" POk
ca"W"Na Or
we °V ""� iNotely PLD1lc
My commission expires on November 3. 2011
I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America. hereby certify that the above and foregoing is a full. true and correct copy of the Original Power of Attorney issued by said
Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED. That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto. granted and
executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the
same extent as it all signatures therein were manually affixed. even though one or more of any such signatures thereon may be facsimile " (Adopted
October 7. 1981 - The Hanover Insurance Company, Adopted April 14, 1982 Massachusetts Bay Insurance Company: Adopted September 7. 2001 -
Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies, at Worcester. Massachusetts, this day of 20
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSUJtANCE COMeANY O1 ERICA
CI °!
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