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PUBLIC WORKS BOND
IN COMPLIANCE WITH FLORIDA STATUTES 255.05(1)(a)
BOND NO.
CONTRACTOR NAME
CONTRACTOR ADDRESS
CONTRACTOR PHONE NO
SURETY COMPANY
SURETY ADDRESS
SURETY PHONE NO.
OWNER NAME
OWNER ADDRESS
OWNER PHONE NO.
OBLIGEE NAME
CONTRACT NO. (If Applicable) ITB No. 34 -06/07
PROJECT NAME Multipurpose Munici al F kin F '1'
104974948
The Tower Group, Inc.
405 S.W. 148 Street
Davie, Florida 33325
(954) 476 -3200
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183 -6014
City of Miami Beach, Florida
1700 Convention Center Drive, Miami Beach, FL 33139
Same as Owner
(If contracting entity is different from the owner, the contracting public entity)
OBLIGEE ADDRESS Same as Owner
OBLIGEE PHONE NO.
PROJECT LOCATION
LEGAL DESCRIPTION AND
STREET ADDRESS
DESCRIPTION OF WORK
p ar g ac i qty — Garage and
Office Building Complex
Miami Beach, Florida
FRONTPAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s)
that may be preprinted thereon
Book26230 /Page1847 CFN #20080149676
Page 1 of 12
BM NO. 104974948
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We ME MM GUY, INC. as
Principal, hereinafter called CONTRACTOR, and
MVELW CAMAM AND MCAVY CF , as Surety, are bound to the City of Miami
Beach, Rorldajs bblli ec a tr�e called CITE', in the amount of km�
I'Wmt y-six minim ,SMd -Md m,/IM _ Dollars ($ 26,769,000.0 for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, adrninistrators,
successors and assigns, jointly -and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid /Contract No.: 3 4-05/07 awarded the U day of
20 c ' r l , with CITY which Contract Documents are by reference
incorporked 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 Cont� � �T iOR and CITY for construction of
, the Contract being
Made a part of this Bond by reference, at the times and in the manner prescribed
in ithe 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; an
BID NQ: 34 -06107 CITY OF MIANII BEACH
DATE: 06/29/07 86
Book26230 /Page1848 CFN #20080149676 Page 2 of 12
FORM OF PERFORMANCE BOND
(Continued)
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
tl6e Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shalt 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, Jf CITY
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.
Nb 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 Suretys obligation
under this Bond.
-Signed and sealed this 13 th day of Dmedier
1 20 07
BID NO: 34 -06/47 CITY OF MIAMI BEACH
DATE: i 6/9107 87
Book26230 /Page1849 CFN #20080149676 Page 3 of 12
FORM OF PERFORMANCE BOND
(Continued)
WITNE-5SES:
RMLRA E EA
T S
IN THE FiRESENCE OF:
THE TWIR MP, DC.
(Name of Corporation)
By- egn 't
(Print Name and Titre)
INSURANCE COMPANY-
TROK&S CARIM AND 9= OWANY CF MMCA
By:
K Ud�tjt�rqn�n
gm� RM!-"actMa. Res.
Address: One T ower S quare
(Street)
'-
Hartford, CF '05183-6D14
(City/State/Zip Code)
Telephone No,: (860) 277-1561
BID No-- 3444M7
DATE: 06119/07
Crff OF MAM BEACH
88
Book26230/Pagel 850 CFN#20080149676 Page 4 of 12
Band. No. 14'4974948
00726. FORM OF PAYMENT BOND
BY THIS BOND, We THE TC WM GUR, INC
as
Principal; hereinafter called CONTRACTOR, and
MM MMM AND S[RTU OWANY CF AC A as Surety, are bound to the City of Miami
Beachw : Florida, as Obligee, hereinafter called CITY, in the amount of
Twenty -Six DE 11 i m Seven Fiw&ed Sixty -Nine
Mmuske and 00/1 Dollars ($ 26,769,00100 -+ for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administriators, successors and assigns, jointly and severally.
,WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid /Ccnt#act No.: 34 - 06/07 awarded the L day of
20-�D_, with CITY which Contract Documents are by reference
lncarpordted 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 herediter 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
Sl REMAIN IN FULL FORCE AND EFFECT SUBJE=CT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
A claimant, except a laborer, who is not in privity with CONTRACTOR .
and who has not received payment for its labor, materials, or supplies
shalt, within forty -five (45) days after beginning to fumish 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.
BID No- 34106/87
DATE: 061]9107
CITY OF AlUAB BEACH
89
Book26230 /Page1851 CFN #20080149676 Page 5 of 12
FORM OF PAYMENT BOND
(Continued)
22. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(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.
2.0. 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 Documents 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 13th day of
December , 20 07
CONTRACTO
ATTEST:
7HE MaR COUP, INC.
(Name of Corporation)
By: � -
�- (Signature)
Mllrj.� . 1". �
(Print Name and Title)
4 day of v.e_n�h e , , 20�
BID NO. 34 -06t07
DATE: 06119107
Book26230 /Page1852
CITY OF WHA UBEACH
44
CFN #20080149676
Page 6 of 12
IN THE PRESENCE OF: INSURANCE COMPANY:
TRAVELERS CASUAM AND SURKEY
rt r%4 1 0
By:
A
l qg�and Attb
Son M. u
e
3 , Atty.— j". Agen
Address: One Tmer
Hartford, Cr 06183-M14
(City/State/-Zip Coddy-
Telephone No.: ( 277-1561
BID NO-: 34
DATA; 06119107
CITY OF WAM BEACH
91
Book26230/Page1 853 CFN#20080149676 Page 7 of 12
00721. : CERTIFICATE AS TO CORPORATE PRINCIPAL
!, 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
who signed the Bond(s) on behalf of the Principal, was
then - -� of said corporation; that l know his /her signature; and hislher
signaturd thereto is genuine, and that said Bond(s) was (were) duly signed, sealed and
attested tb on behalf of said corporation by authority of its governing body.
(SEAL)
ecretary (on be alf of) �, <_d ,1
a - ro"Zf �
Cdrporabon
STATE OF FLORIDA }
SS
COUNTY OF MIAMI -DADE )
ie
Be0ore M me, a Notary Public duly commissioned, qualified and acting personally,
appearled YVt12E Q t�lA��'i _ to me weH 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 to before me this day of
!1n A f-� , 20 0"1
My commission expires:
MY COMMISSION # DD 249843
by EXPIRES: January 13,2008
BID NO- : 34"107
DA'i,: OW19107
Public, S te of
Bonded
C4TY OF WAMI NFACH
92
Book26230 /Page1854 CFN #20080149676 Page 8 of 12
ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION
State of Florida )
County o1 )
On the. 14 k day of Z51 iQ,l i?, 2007, before me personally came
to me known, who, being duly sworn, did
depose and say that (s)he resides at 7 that (s)he
is the 7"SZF- r"��.� of The Tower Group, Inc., the
Corporation described in and which executed the above instrument; and that s(he)
signed his /her name thereto by order of the Board of Directors of the said Corporation.
d SNANI ROUSNAR
Is.: ', _ MY COMMISSION # DD 249813
I "' EXPIRES: Januad; 13 2008
Bonded rhry Notary Public Unddmmar- Notary Public
ACKNOWLEDGEMENT OF SURETY
State of Florida
County of Miami -Dade,
On the 13th day of December, 2007, before me personally came Sonia M. Paneque to
me known, who, being duly sworn, did depose and say that (s)he resides at Miami,
Florida, that she is the Attorney- In- Fact/Fla. Res. Agent of Travelers Casualty and
Surety Company of America, the Corporation described in and which executed the
above instrument; that s(he) knows the seal of said Corporation; that one of the seals
affixed to the foregoing instrument is such seal; that it was so affixed by order of the
Board of Directors of said Corporation; and that s(he) signed his /her name thereto by
like order.
Notary Public
OLGA L IGLESIAS
MYCOMM1881014 # DD114180
p EXPIRES: May 21.2010
(4011
~W Flafda NOIRrY S WVkWA o n
Book26230 /Page1855 CFN #20080149676 Page 9 of 12
IF r
TRAVELER'S CASUALTY AND SURETY COMPANY OF AMERICA
HARTFORD, CONNECTICUT D6189
FINANCIAL STATEMENT AS OF DECEMBER 31.20W
CAPITAL STOCK $ 0.000.000
CASH b INVESTED CASH
BONDS
S 114;080,781
UNEARNED PREMIUMS
; 734.600;436
BTOgK
BIA1,IW AWESTMENT.INCO�I1f�t E DUE AND'ACCRUM
PRE7rI{I:�i
2.812,791,671
W W.160
34,678:$31
LOSSES
LOSS AWUSTMENT EXPENSES
COMb11S�KlN3
672.011,758
12$,7gfi�16�t
20;073,826
CE$•
UFfY�NOG'.i GOV$RASLF
166 457.m
3,Qeg4.$T!
TJ. *a. LMNSES AND FEE&
OTM. EXPENSES
31, r�61
NL�' DEFEI3iF.f3•Tk�A3;4Ei'
42�.T8d.2iaQ
QIv�N4s
38,sYS;B26
�tJ 718I'6T
37ATE 8.(J RQES FFECEIVAHLE
Q,194,bt
I+IT'FEDE2A1. AND,FOREIGGd INCOIufi~ TAXES
i Ob11;�90
38,73e 63Z
t37NER KB8£TB
148,430
(4.414. 080}
CEDE¢ RENSUkAWE NET PP£1, RiLt& PAYABLE
p11hb$ NELQ tiIhmER ik£11JEl iRA�fCE 7ftE+ST168
051=1)
AIAQ1#4'f'$ "�.D dltEl`,�4lNED By COL+FF�A144 FOR OTHERS
90,054pt.
"JQ.1106.B3q
REWTYAWI S AND 1TE14i NQT ALLOCATED
60.?8tr233
PROVIMOIN FOR AE043UI#A mF
dA:ki'vo
PAYABLE TO PARENT. SUBMDIAR(ES E•AFFIIJATE8
66 m.7".
PAYABLE FOR.SECURITiES
406,100
RETROACTIVE REINSURANCE RESERVE A45UMED
20,035,771
OTHER ACCRUED EXPENSES AND LIABILITIES
1'4@984
TOTAL ttA81LCTIES
2.168.01i5y —s
CAPITAL STOOK
PAID IN SURPLUS
# 6
OTHER SURPLUS
308,7.402
818 Q
TOTAL SURPLUS TD POLICYHOLDERS
1. (27300. 4
TOTAL ASSETS
Z
TOTAL LFA'81LME83 SURPLUS'
11
STATE 6F CONNECTICUT )
COLWTY OF HARTFORD M.
CITY OF HARTFORD )
LAWRENCE A 8IUTA, BEING DULY SWORN. SAYS THAT HE IS FINANCIAL OFFICER - TRAVELERS BOND iI; pKANCIAL PRODUCTS.
CF TRAVELERS OAS iSV.TY SURETY COMpAW OF AMERICA. AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF. THE FOREGOING 18 A
TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF &AID COMPANY AS OF THE Slat DAY OF DECEMBER, 2006.
SUBSCRIBED AND SWORN To BEFORE ME THIS
9CTH DAY'& MA€ TM. 2W7
NOTARY
'QC's"
PUBLIC
Book26230 /Page1856 CFN #20080149676 Page 10 of 12
Anna P. Nawik Notary Public
My Cornmisslon Expires June 30, 2011
co
This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards.of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
W of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is
Q FURTHER RESOLVED, that the Ch airman , the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
N C delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
Y. �. thereof is filed in the office of the Secretary; and it is
(1� FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
IX OX President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Q J Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached-
1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and S C m v Ren �° d United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the PoOW to s M ompZes, which is in full force and effect and has not been
revoked. 1^ �
t)" V�.�Y
IN.TESTIMONY VVHEREOF, I have hereunto set my hand ti a js 8f sah ' " anies this 13 th da o f Dacmbw Zfi Q]
.0;:�.
` A'
�a Kori M. Johns Assistant Secretary
GR54q�r srwrrY FIRE � �MiYq +- '� *1.[T A,YY A� 11a�11} �+••�
( D oe �RATfip . ��+ � 4 n SALfi c°t°L 8 t ": f ��� �
To verify the authenticity of this Power of Attorney, call 1- 800 -42I -3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-En-Fact number,
the above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF
VEY IS INVALID WITHOUT THE RED BORI
Book26230 /Page1858 CFN #20080149676 Page 12 of 12
1. • I?
a TRAVELERS
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
SL Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Attorney-lit Fact No. 218512
Cerfificate No.001566140
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
'Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SL Paul Mercury Insurance Company are corporations duly organized tinder the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that
the Companies do hereby make, constitute and appoint
Sonia M. Paneque, and Jose L. Rodriguez
of the City of Mlarni , State of Florida , their true and lawful Attomey(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their. usjness of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or T 06 in. aql# - nnS ings allowed by law. r
�h....77 1 �l
S - �1
IN WIfiV ASS WHEREOF, the Compggig have caused this ins b�ltd be - *Vffld�l�►g.�Lte seals to be hereto affixed, this
day of p ZW <'�b"
,�.
Farmington Casualty C 10 St. Paul Guardian Insurance Company
Fidelity and Guaranty, o 1,, 3 SL Paul Mercury Insurance Company
Fidelity and Guaranty inst f Untie -rs, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
,p� y sArry �,,,� � O`�a,^"�Sp4 �,�j �p � YY,rsuq' o�``r'uc � M+>•0 Mb
M MMM A * ,-� �� � t,�'i Z( �lORgat• n n� 'S�
� dFt,Etr twNe JS'.A� jp � ~ f 4,�
State of Connecticut
City of Hartford ss.
On this the 9th day of April
himself to be the Senior Vice President of Farmington Casualty Conrpad
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Con
Casualty and Surety Company, Travelers Casualty and Surety Compa4j
authorized so to do, executed the foregoing instrument for the purposskhN
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
58440 -8 -06 Printed in U.S.A.
By:
/ G- , gd Thompson, tp ce President
2007 , before me personally appeared George W. Thompson, who acknowledged
p Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
`Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
det}United States Fidelity and Guaranty Company, and that he, as such, being
signing on behalf of the corporations by himself as a duly authorized officer.
ff
Marie C. Tetreault, Notary Public
1S INVALID WITHOUT THE RED BORDER
Book26230 /Page1857 CFN #20080149676 Page 11 of 12