Form of Performance Bond 787/
Bond No. 105472200
00710. FORM OF PERFORMANCE BOND
James B. Pirtle Construction Co., Inc. dba Pirtle Construction
BY THIS BOND, We Company as Principal,
hereinafter called Contractor , and Travelers Casualty and Surety Company of America , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Five Million Three Hundred Seventy Eight Thousand Five
Hundred Thirty Five and 00/100 Dollars ($ 5,378,535.00 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.:, 2011 -27709 awarded the 19th day of April, 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
Demolition and Re of 17 courts and Tennis Center, 1200 Meridian Avenue, Miami Beach, FL 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 elects, upon determination by City
and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and City, and snake available as work progresses (even
though there should be a default or a succession of defaults under the Contract
FORM OF PERFORMANCE BOND (Continued)
1
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.
w Signed and sealed this 9th day of May , 20
James B. Pirtle Construction Co., Inc. dba Pirtle Construction
WITNESSES:, 4 Compa
(Name of Corporation)
TN
a _
Secretor "' By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
Travelers Casualty nd Surety Company of America
By:
Agzne an Attorney -in -Fact - William.E.'Roker
Address: Tower Square
(Street)
Hartford, CT 06183
(City]State /Zip Code)
Telephone No.: 860- 277 -0111
CITY OF MIAMI BEACH
Bond No. 105472200
00720. FORM OF PAYMENT BOND
James B. Pirtle Construction Co., Inc. dba Pirtle Construction
BY THIS BOND, We Company as Principal,
hereinafter called Contractor , and Travelers casualty and Surety Company of America
as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Five Million Three Hundred Seventy Fight Thousand Five Hundred $ 378,535.00
Thirty Five and 001100 Dollars ($5 ,378,535.00 ) 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.: 2011 -27709 awarded the 19th day of April, 20 12 , 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 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 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 (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.
CITY OF MIAMI BEACH
This bond is given to comply with section 255.05
Florida Statues, and any action instituted by a claimant
under this bond for payment must be in accordance
with the notice and time limitation provisions in
Seetien 266,96 Flarido St tuda.
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 9th day of May 20
Contractor
„ James B. Pirtle Construction Co., Inc. dba Pirtle Construction
ATTEST Company
(Nam f C rporation)
..
bo
(Se et ryjG (Signature)
SVI?
(C8rporaW:5`ea]) (Print Name and tle)
9th day of May 20
IN THE P NCE OF: INSURANCE COMPANY:
Travelers Casualty Surety Company of America
By: /A�
Agent a d Attorney -in -Fact - William L. Parker
Address: On Tower Square
(Street)
Hartford, CT 06183
(City/State/Zip Code)
Telephone No.: 860- 277 -0111
CITY OF MIAMI BEACH
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AW POWER OF ATTORNEY
TRAVELE `} S " Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 217600 Certificate No. O O 3 O 9 4 5 2 T
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury.Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Comp_ any, 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
William L. Parker, Davor I. Mimica, Ileana M. Bauza, William Frederick Kleis, Charles C. Ball, Harold M. Humphrey, Alex Soto, Phillip Carl Lyons, and J.
Hayes Worley Jr.
of the City of Miami State of Florida their true and lawful Attorney(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 theirbusiness of, guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permttited any actions or•proceedings.allowed by law.
h'
26th
IN WITNESS WHEREOF, the Compan ies have caused this instrument to be signed and the tr corporate seals to be hereto axed, this
da of June 2009
affixed, Y
u
Farmington Casualty Company St. Paul Mercury Insurance Company" r.
Fidelity' and GuarantyTnsurance company ` n '' l travelers Casualty and Surety Company
Fidelity and Guaranty Insurance "Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
...... • a 4 � m. �TN �M • + j • NSUq ., p 1Y ANO t ;. ..........S � .. � : � �� �.SEALZ . '�SEAL:3 B 0 .
State of Connecticut By:
City of Hartford ss. Georg Thompson, " enior ice President
On this the 26th day of June 2009 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty lnsurance.Underwriters,
Inc., 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, and that he, as, such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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In' Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011. �OUBU�S* Marie C. Tetreault, Notary Public
58440 -4 -09 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney 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., 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
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
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
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
thereof is filed in the office of the Secretary; and it is
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
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
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 Attorneys -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.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian _I,nsurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and UnitedrStates Fideljtykand Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said C�jo� paaAiesXwhich's in`full force�a�n dd and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the of
said 'Coinpanies this 9th day of May 1 20 12
�.. -��
I V
Kori M. Johann Assistant Secretary
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To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER