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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 °! U fill aar�r 17 93