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Bond No. 21BCSFL 1141Serving South F/o~ida Since 1932 HBA INSURANCE GROUP HBA Division May 27, 2009 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 2500 N.W. 79th Avenue • Miami, Florida 33122 Mailing Address: P.O. Box 523615 • Miami, Florida 33152-8988 305-7144400 • Fax: 305-7 1 4440 1 • vvww.hbains.com RE: HORIZON CONTRACTORS, INC. BOND NO. 21BCSFL1141 To Whom It May Concern: Let this letter serve as authorization from the Hartford Casualty Insurance Co. permitting City of Miami Beach to date the Bond at the same time the contract is signed by both parties. If you should have any questions, please do not hesitate to contact our office. B t rds, d Ra Ro uez Attorney-in-Fact for Hart Ford Casualty Insurance Co. Bond Number: 21BCSFL1141 "hhis is the first page of Performance and Payment Bond. All other pages are subsequent regardless of preprinted pages. Surety in Which Bond is Written: HARTFORD CASUALTY INSURANCE COMPANY Local Address: 400 INTERNATIONAL PARKWAY SUITE 425 HEATHROW, FL 32746 (800) 824-1732 CONTRAC"['OR'S NAME: HORIZON CONTRACTORS, INC. Address: 8175 WEST 32 AVENUE, SUITE 1 HIALEAH, FL 33018 Telephone No. (305) 828-2050 Owner/Obligee CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FL 33139 Project Description: INDIAN CREEK IMPROVEMENTS -BID NO. 28-07/08 - CONSTRUCTION SERVICES FOR WATER MAINS, SANITARY SEWER MAINS, MILLING AND RESURFACING IMPROVEMENTS ALONG INDIAN CREEK DRIVE BETWEEN 26 AND 42 ST Contract Amount: $ 4,718,697.72 Bond Amount: $ 4,718,697.72 This bond has been furnished to comply with the requirements of F.S. 255.05. All provisions and limitations including conditions, notice and time limitations of F.S. 255.05 are incorporated herein by reference. This bond is a statutory bond not a common law bond. For Bond Inquiries: Agency: HBA INSURANCE GROUP, INC. (305) 714-4400 Producer Compensation Notice T~~~ HARTFORD You can review and obtain information on The Hartford's producer compensation practices at www.thehartford.com or at 1-800-592-5717. HR 00 H093 00 0207 ©2007, The Hartford Page 1 of 1 IMPORTANT NOTICE Florida Statues requires that YOU, the Prime Contractor, RECORD YOUR BONDS with the Clerk of the County where the project is located, PRIOR TO COMMENCEMENT. For public projects, please see Florida Statues 255.05 (1)(a). For privately owned projects, please see Florida Statues 713.13 (1)(e). FAILURE TO PROPERLY RECORD A BOND may convert it from a Statutory Bond to a Common Law, which INCREASES the time in which a CLAIMANT OR OBLIGEE can make a demand AGAINST your bond AND potentially INVITING claims that could otherwise be invalid. Legal precedent shows the Court have ruled in favor of claims against the Contractor when a bond has not been properly recorded. Attached is an EXTRA RECORDING COPY of your Performance and payment Bond. In most cases, the Clerk will stamp the bond with the filing location and return the original to you. If the Clerk does not return the original, please ask for a copy with the filing location stamped on it. This is your proof that the bond was filed. It is IMPORTANT that you keep this in your job records. We hope your project is a profitable and successful venture. Please contact us if you have any questions in this regard. BOND N0.21BCSFL1141 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We HORIZON CONTRACTORS, INC. as Principal, hereinafter called CONTRACTOR, and HARTFORD CASUALTY CIONSMURANCE as Surety, are bound to the City of Miami Beach Florida as UbligPee' Y hereinafter called CITY, in the amount of FL1JR N~LLIQV SEVIl~I IID IIC-FII~~I TEI~JS~IVD SIX H.]NCRID NINQY SFVFN AID 72,/100 Dollars ($ 4,718,697.72) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 28-07f~ awarded the day of 20 ,with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Performs the Contract between CONTRACTOR and CITY for construction of IlVDIAN Q~ IT~'RQJII~ENIS the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if CITY ITB No. 28-07108 July 25, 2008 CITY OF MIAMI BEACH 82 elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY named herein. - The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and SSES: this 27th day of Nhv , 20 O9 8175 W By: (CORPORATE SEAL) IN THE PRESENCE OF: (./ V~cC J e Sarrhez Presic~t (Print Name and Title) INSURANCE COMPANY: I-I~D CA~.IAT~Y I1~fJR~NCE 02~Y'ANY By: - Age d ~y-in-Fact Ramrt A Rodz7guez Address: CNE HAHIF~tD PLA7A _ Street) Q' 06115 (City/State/Zip Code) Telephone No.: ~~`7-~ ITB No. 28-07108 July 25, 2008 CITY OF MIAMI BEACH 83 BOND N0. 21BCSFL1141 00720. FORM OF PAYMENT BOND BY THIS BOND, We HORIZON CONTRACTORS , INC . as Principal, hereinafter called CONTRACTOR, and HARTFORD CASUALTY INSURANCE , as Surety, are bound to the City of Miami Beach, Florida as _C~~b~g~M_qe_eNYhereinafter called CITY, in the amount of FOUR MILLI 0 N' S>JV}TI I~~~D ]~C~IIIIlV ~~]D SIX EL~D NIlVQY SEUFN AAD Dollars ($4,718,697.72 ) for the payment whereof CONTRACTOR and S7u~efy bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, - ~ Bid/Contract No.: awarded the day of 20 ,with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and who has not received payment for its tabor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within ninety ITB No. 28-07/08 July 25, 2008 CITY OF MIAMI BEACH 84 Tha previsions 8utrd limitations of Section 255.05 or X13:23, Florida Statutes whichever is applicable to the codtract, are incorporated in this bond by referenoe. ~, (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract D_ ocuments and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this 27~ day of 20~. CONTRACTOR EI~TZ/SI ~4Q~S, II`1C ~'`~ Name of Corp ation) 8175 W bra to 1. '~1Pah. By: (corporate Seal) I nat r ~ v g ~Gti Jane M. Sar~hez, Presid~it (Print Name and Title) 27~ day of ~v , 20 pg . INSURANCE COMPANY: H4RTFC7RD CASLI4T_~Y ~~ O~A>`]Y By: rney-in-Fact Address: CNE ~ GAZA _ (Street) I-~TJRD. GT 06115 (City/State/Zip Code) Telephone No.: ~-.~'+7-5000 ITB No. 28-07/08 July 25, 2008 CITY OF MIAMI BEACH 85 IN THE PRESENCE OF: 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL I, .k~.~ M. ~1-,P~. certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that -~ M S~uxl~z ,who signed the Bond(s) on behalf of the Principal, was then Presid~'t of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said c por tion by authority of its governing body. Secret (n b of) Corporation STATE OF FLORIDA COUNTY OF MIAMI-DADE ~f l RUC SS (SEAL) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared &~rr~r~ A Rodri~~z to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn ~' ,20 ~. My commission expires: ~ ~~) ~! l v „~,~, 1V>~~ylra R.®drigaez ,~ ..#~nrn6516 "~~yy~;;~~ ~~P~ ~ ~„~:oi~e€ ilov 14, 2010 by ~i;~lp~q.P:' honc'~dThru ITB No. 28-07/08 July 25, 2008 to before me this 27th day of o ary Publi , State o Bonded CITY OF MIAMI BEACH 86 Hartford Casualty Insurance Company Indianapolis, Indiana Financial Statement, December 31, 2008 (Statutory Basis) ASSETS LIABILITIES U.S. Government Bonds ............. ... $ 93,397,893 Bonds of other Go~~ernments ........ ... 6,333,333 State. County. ;Municipal and Miscellaneous Bonds ...... ... 1,675,546,655 Stocks ........................ .. 148,990,481 Short Term Investments .............. .. 69,450,404 ~ 1,993,718,766 Real [;state ............................... Cash ....................................... Agents' Balances lUnder 90 Day...... Other Invested ,~sscts ................... Miscellaneous ............................ Total Admitted Assets ................. ~ 2,105,667,528 134,111 36,460,570 75,354,081 Reserve for Claims and Claim Expense....... Reserve for Unearned Premiums . Reserve for Taxes, License and Fees ................... Miscellaneous Liabilities ........... Total Liabilities ..................... Capital Paid In $ 4,800,000 Surplus .......... 832,503,869 Surplus as regards Policyholders. Total Liabilities, Capital and Surplus ................. 960,165,565 272,527,894 9,093,978 26,576,222 ~ 1,268,363,659 ~ 837,303,869 ~ 2,105,667,528 STATE OF CONNECTICUT COUNTI' OF HARTFORD J ss. CITY OF HARTFORD M. Ross Fisher, Assistant Vice President, and Patricia A. Murrone, Assistant Secretary of the Hartford Casualty Insurance Company, being duly sworn, each deposes and says that the foregoing is a true and correct statement of the said company's financial condition as of December 31, 2008. Subscribed and sworn to before me this 30th day of March, 2009. ~1Y l~~~A ~~', y°~- *~' t Nora ~~I. Stranko Notary Public My Commission E.~pi res t`darch 31; 2013 :_'' . ~.,... (M~. Ross Fisher, Assistant Vice President ~'Zt~'~-cti~l. ~- ' lA,~,h,LO v~ Patricia A. Murrone, Assistant Secretary Form CS-19-37 HC P~;~,ced ~~, u s .4 Direct Inquiries/Claims to: BOND, T-4 POWER OF ATTO~:NEY THE HARTFORD P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax.- 860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21 221533 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized wider the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut ~~ Twin City Fire Insurance Company, a corpuration duly organized under the la«~s ofthe Statc of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the la~~~s of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED , ERNESTO FREYRE, FAUSTO ALVAREZ, RAMON A. RODRIGUEZ, VICTOR M. PANTIN, CARL H. MOLL, CARLOS LACASA, WILLIAM E. BECKHAM, MARL D. JACOBSON, MICHAEL L. KEEBY, MAYRA RODRIGUEZ OF MIAMI, FLORIDA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. tr itrta r µ irr ' pu ix ~,v. t r ~ J`,~+~''~..~. ~`, i ~P" s : re g~`p i ~~r• ~ t~~ ~~ ~~ : ~.c ° F (L V ~ T ~p _ ~ ~'~a°°rrerie t '~`~ x _ ' .,~eurerowr[ S; .~.- yy. +tt ~'~ S i P a ~ O R S ~•L11~1' F ~ r ~~ 1r '~ '~b? 4~n ~J }'~ T D 7 4 ! ~ F 4 ayk''+..,.--~•' '+;, ~S 91 9 ~1~. ~o..~co ~A'v ~n~ ~,... w'~ nar.~t vi,=1~i.~;r ~. ~ Scott Sadowsky, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT ~ `J Hartford COUNTY OF HARTFORD On this 3`d day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. otc e. r~ • I(INY' • Scott E. Paseka Notary Public CERTIFICATE My Cormnission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May 2 7 , 2 0 0 9 Signed and sealed at the City of Hartford. ~Trrty,+ fi'- r T~ tVtx `t^~crs,rr ~~ ~,yxr4^('•C'4~y4 ~~ «"`* `,~ c ,~r~ ~ ~ ~ ~~ ::.ce r a r ° > 1, 0 0 T 3'® j^R tr, ca ~ ~«~4. ~c~ex+ ,~, ~~ ~ `, , ZW~~~+ ,1,. f+a R` ~-~aut1-~4"~ t8791~i t't:•1*~/"~~: ,, 74T9 ~ fF ~ ~~. ~,~,~ f - Gary W. Stumper, Assistant Vice President POA 2008