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Performance Bonds FHP Tectonics Corp and Continental Casualty Company r G 1162 y City of Miami Beach ' r Construction Performance and Payment Bonds OA- Contractor. ` ► '� /t' L Check List Verification • FHP Teconics Corp • Surety Company: Continental Casualty Company Surety Amount: $ 2,137,750.00 Bid/Contract#: ITB-2015-191-YG Bond#: 7 76 2-31-97 1- Get Forms 00710&Form 00720 I v I (obtain from Procurement Office-part of bid package) 2- Get Commission Memo/Summary Contract/Bid Contract Number V Amount of the contract V Winning bidder v 3- Performance Bond&Payment Bonds forms must contain the following Name of company awarded the contract v Name of Surety Bond Company V Amount of contract written and in numbers v Amount agrees to Commission Memo v Bid/Contract number and date awarded V Bond Number assigned by Surety Company V Notarized&signed by Surety&Contractor v Power of Attomey V 4- Bond must be 100%of Contract Price v • 5- Bonds must be recorded in the public records of Miami-Dade County[FL Statutes 255.05(1)(a)] Proof of recording at Miami-Dade.gov,or CFN 2015R071685 County paid stamp on top of document Y 6- Bond continue in effect for one year after final completion of work Y 7- In lieu of Performance&Payment Bonds,Contractor I N/A may furnish altemative forms of security,such as cash money order,certified check,cashier's check,or unconditional letter of credit in Form 00735. Such altemative form of security must be pre-approved by the City and held one year after completion of work. Qualification of Surety(bonds>$500,00): 8- Bond must be executed by a surety company of I V I recognized standing(search www.ambest.com) Yes 9- Surety company is authorized to do business in the v I State of Florida(search www.sunbiz.org) Yes 10- Surety company must have a resident agent in the I v I State of Florida(search www.sunbiz.org) Yes 11- Surety company must have been in business with a I V I Active since record of successful continuous operation for at least 03/29/1948 five years(search www.sunbiz.org) 12- Surety company shall hold a current certificate of V authority as acceptable surety on federal bonds in Yes accordance with US Dept of Treasury Circular 570 (Search www.fms.treas.gov/c570/c570.html) 13- Surety company must have a rating of B+or better V for bonds up to$2 million,or A for bonds greater Rating A than$2 million(search www.ambest.com) Exceptions: File:F:\PURL\$ALL\FEBE PEREAFORMS\Bend Checklist Page 1 of 1 I. I 11 CF 201580716853 DOCUMENT COVER PAGE oR eK 29847 Ps 3457-340 (11Pss) RECORDED 11/09/2015 1..2 46rt11 HARVEY RUVIN s CLERK OF COURT MI MI-DADE COUNTY! FLORIDA .For those documents not providing the required 3 x 3 inch ; . _._ space on the first page,this cover page must be attached. It must describe the document in sufficient detail to prohibit its transference to another document. A-rf-a-ddrti-on al-Yecording-f-ee-f-orthis-page-must be-rem-fitted (Space above this line reserved for recording office use) Z Document Title: Pa,--vAAP1,-- _ f iS)/1/ (Mortgage,Deed, Construglii on Lien,Etc.) Executing Party: /COM)f I'C' Legal Description: (If Applicable) As more fully described in above described document. Return Document To/Prepared By: (Relevant excerpts) Rule 2.520(d)On all..documents prepared which are to be recorded in the public records of any county. a 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3- inch space at the top right-hand corner on each subsequent page shall be leftblank and reserved for use by the clerk of court. F.S.695.26 Requirements for recording instruments affecting real property— (1)No instrument by.which the title to real property or any interest therein is conveyed,assigned, encumbered,or otherwise disposed of shall be recorded by the clerk of the circuit court unless: (e)A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page are reserved for use by the clerk of the court... • CLK/CT 155 Rev.04/15 Clerk's web address:www.miami-dadeclerk.com Bond No.929623297 "Issued in Duplicate" A-1 FORM OF PERFORMANCE BOND BY THIS BOND, We FHP Tectonics Corp. , as Principal, hereinafter called Contractor , and Continental Casualty Company , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Two Million One Hundred Thirty-Seven Thousand Seven Hundred Fifty&00/100 Dollars ($ 2,137,750.00 ) 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.: 2015-191-YG , awarded the 14th day of October , 20 15 , 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 South Pointe Park Water Feature Remediation , 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 make available as work progresses (even though there should be a default or a succession of defaults under the Contract BID NO:2015-191-YG CITYOF MIAMI BEACH MiAMI BEACH 14 A-1 FORM OF PERFORMANCE BOND (Continued) 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 sealed this 4th day of November , 2015 WITNESSES: - FHP Tectonics Corp. • .0111111/' �jjjC0rPo1atio11) - Pt' �M ! Secretary By: (CORPORATE SEAL) vr (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: dbataithi2 Continental Casualty Co/ any Rebecca Hobbs / By. / i Agent and Attorney-in-Fact•.r e nn e C Cyn is era ez Stevenson Address: 333 S.Wabash Ave.,41st Floor j13-1-141- Kathe ine Foreit (Street) Chicago,IL 60604 (City/State/Zip Code) Telephone No.: . (312)627-6000 BID NO:2015-191-YG CITYOF MIAMI BEACH ;��'� :AMI BEACH 15 APPENDIX A-2: Form of Payment Bond BID NO:2015-191-YG CITYOF MIAMI BEACH !�,l'`..I AMI BEACH 16 Bond No.929623297 "Issued in:Duplicate" A-2 FORM OF PAYMENT BOND BY THIS BOND, We FHP Tectonics Corp. , as Principal, hereinafter called Contractor , and Continental Casualty Company , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Two Million One Hundred Thirty-Seven Thousand Seven Hundred Fifty&00/100 Dollars ($ 2,137,750.00 ) 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.: 2015-191-YG , awarded the 14th day of October , 20 15 , 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. BID NO: 2015-191-YG CITYOF MIAMI BEACH MIAMI BEACH 17 A-2 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 4th day of November , 2015 Contractor ATTEST: -c•..cs Corp. Na - of Corporation) YlfttMC By: All - . (Secretary) ignature) ,Suis 'Nu' 11( (Q,orporate Seal) (Print Name and/rifle) _ %'_, 4th day of November , 2015 Ill THE_PRESENCE OF: INSURANCE COMPANY: Continental Casualty Comp`ny Rebecca Hobbs By: !' - - Agent and Attorney-in-Fact�'enne C. Cynt is Hernan ez Stevenson / / Address: 333 S Wabash Ave.,41st Floor 'a er e ores — (Street) Chicago,IL 60604 (City/State/Zip Code) Telephone No.: (312)627-6000 BID NO: 2015-191-YG CITYOF MIA MI BEACH MIAMI BEACH APPENDIX A-3: Certificate of Corporate Principle BID NO:2015-191-YG CITYOF MIAMI BEACH f',AIAMI BEACH 19 A-3 CERTIFICATE AS TO CORPORATE PRINCIPAL !, Ko'lI- Y n , 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 .vI ?•.Rq , who signed the Bond(s) on behalf of the Principal, was then SWI u Y P 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 corporation by authority of its governing body. A gti' ,'I iu (SEAL) Secretary(on behalf of) *vv1icS 0101)• Corporation • STATE OF ILLINOIS ) SS COUNTY OF COOK ) Before me, a Notary Public duly commissioned, qualified and acting personally,DCtVi'd appeared P• 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 to before me this 5/11 day of {I PA14/b1?-11/ 2015 . My commission expires: a PI a MO Y„`„ ac q Notary Publ State of III nois at Large l�'' öi PY11-1 1QV1 f C3 I Q Bonded by ,�111111/�� .`i►��p;e'% VANIOUA T. LEE ,L' s, Notary Public-State of Florida 4 '1'i:. Commission#FF 190375 4 ''}', ���d;.�'�, My Comm.Expires Mar 31,2019 'annla• BID NO: 2015-191-YG CITYOF MIAMI BEACH !MIAMI BEACH 20 STATE OF ILLINOIS COUNTY OF COOK I, Rebecca J. Hobbs a notary Public in and for said County, do hereby certify that Adrienne C. Stevenson as Attorney-in-Fact, who is ersonall j known to me to p } be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed, and delivered said instrument for and on behalf of CONTINENTAL CASUALTY COMPANY for the uses and purposed therein set forth. Given under my hand and notarial seal at my office in the City of Chicago in said Count this ern day of November A.D. 2015 Not iu 1 c OFFICIAL SEAL REBECCA J. HOBBS Notary Public-State of Illinois My Commission Expires 8/06/2018 I • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint C R Hernandez, Beatriz Polito, Adrienne C Stevenson, John K Johnson, Amy B Wickett, Katherine J Foreit, Michael Dougherty,Trinly Garcia,Rebecca Hobbs ,Individually of Chicago,IL,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of June,2015. ��,eASu1<�,} oR, Continental Casualty Company 04' we�' fi National Fire Insurance Company of Hartford coc. 0 3 009"404,1"2 American Cas.. ty Company of Reading,Pennsylvania o Jv�Y n. • , y r fag? fiat �.,_ 4d# Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 9th day of June,2015,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. :..............,.,4„r,....t S.EICH • I/R)sCITARY PUBLIC/ ! SOUTH DAKOTA • My Commission Expires February 12,2021 S.Eich ii/Notary Public CERTIFICATE 1,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 4th day of November , 2015 . �pye �ry ea, Continental Casualty Company '; ' �' itoccg"Rori,12 National Fire Insurance Company of Hartford i c'°�°`ulz % % American Casualty Company of Reading,Pennsylvania •0 E JULY IL 1 U SEAL 'r 1902 4 t 44 1 Mali • D.Bult Assistant Secretary Form F6853-412012 `2.9'84-7 PG 3467 LAST PAGE Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the foltowing resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instnmnents that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas, from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instrunrnts that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas, from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers') to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas, from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." Continental Casualty Company - Company Profile - Best's Credit Rating Center Page 1 of 2 Ratings . Criteria Center v JC Welcome Sack Yolanda Cintado-Seiglie i Pr:.'.M;mc er Carter Regional Centers:Asia-Pacific!Canada'Europe.Middle East and.ia rlca!Latin..,nerir_a i ME,NA&SCA Home I.AGOUt Us I Contact Us I Sit=_map Rating Search:I Search J „Advanced Search 't'Add to BestAlert Ratings&Criteria Print this page -,Rating Process and Definitions »Methodology+ „Credit Rating Releases+ Continental Casualty Company (2) »Get a Credit Rating >Best's Special Reports A.M.Best 4:002123 NAIC 4:20443 FEIN x:362114545 ,,Add Best's Credit Ratings Search Domiciliary Address _ To Your Site 333 South Wabash Avenue Floor 22 !Assigned to Tnsneisl strength Rati,g 9esttitark for Rated;usurers insurance Chicago.IL 60604 xi ,Contact an Analyst United-States companies ; A-Excellent j that have, >Awards and Recognitions in our opinion,an excellent ability News&Analysis y Web:www.cna.com y Phone:312-822-5000 i to meet Their ongoing insurance Products&Services Fax:312-822-6419 obligations. Industry Information Corporate Based on A.M.Best's analysis.058705-CNA Financial Corporation is the AMB Ultimate Parent and identifies the topmost entity of Regulatory Affairs y the corporate structure.View a list of operating insurance entities in this structure. Support&Resources y {Best's Credit Ratings Conferences and Events ., i Financial Strength Rating View Definition I Best's Credit Rating Analyst Rating: A(Excellent) 'Rating Issued by:A.M.Best Company:Inc. rind a Best s C:r'ec/i/12wnn,, Financial Size Category: XV(32 Billion or greater) Senior Financial Analyst:Michael VV.Russo /Enter a Company Name Outlook: Stable !Assistant Vice President:Jennifer Marshall.CPCU.ARM ; Action: Affirmed »Advanced Search Effective Date: December 16,2014 Oisciascra!nformeticn Initial Rating Date: June 30,1922 AM.Best Rating Seriices i fC; View A.M.Best's Rating Disclosure Statement Contact Infer atlCr Long-Term Issuer Credit Rating View Definition i I Long-Term: a ; A.M.Best Affirms Ratings of CNA Financial Corporation Outlook: Stable 11 and Its Subsidiaries Action: Affirmed December 16,2014 Effective Date: December 16.2014 Initial Rating Date: June 21,2005 u Denotes Under Revi=+v Rest's Rating /;Rating History A.M.Best has provided ratings&analysis on this company since 1922. !Financial Strength I `:,Long-Term Issuer Credit Effective Date Ratings I Effective Date Rating 12/16/2014 A j i 12/16/2014 a 112/18/2013 A 112/18/2013 a 11/11/2013 A ! 1/11/2013 a ':4/5/2012 A ( 1 4/5/ 2012 a 13/2/2011 A 1 3/2/2011 a 2/8/2010 A ! 12/8/2010 a ,Related Financial and Analytical Data The following links provide access to related data records that A.M.Best utilizes to provide financial and analytical data on a consolidated or branch basis. AMB 4 Company Name Company Description 086431 Continental Casualty Company CAB Represents the Property/Casualty financials for the Canada Branch of this legal entity. 1 Reports and News Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. - AMB Credit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical 1 t) commentary.detailed business overview and key financial data. Report Revision Date:7/13/2015(represents the latest significant change). Historical Reports are available in AMB Credit Report Archive. 72=, Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports ▪ feature balance sheet,income statement,key financial performance tests including profitability,liquidity and reserve analysis. Data Status:20'15 Best's Statement File-P/C.US Contains data compiled as of 1 1/23/2015 Quality Cross Checked. • Single Company-five years of financial data specifically on this company. • Comparison -side-by-side Financial analysis of this company with a peer group of up to five other companies you select. • • Composite -evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided in the most current edition of Best's Key Rating Guide products.(Quality Cross Checked). http://www3.ambest.com/ratings/entities/SearchResults.aspx?AltSrc=9 11/24/2015 Continental Casualty Company - Company Profile - Best's Credit Rating Center Page 2 of 2 i Products and Sari/ices Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. Best's Executive Summary Reports(Financial Overview)-available in three versions.these presentation style reports feature balance sheet,income statement.key financial performance tests including profitability.liquidity and reserve analysis. Data Status:2015 Best's Statement File-P/C,US Contains data compiied as of 11/23/2015 Quality Cross Checked. • Single Company-five years of financial data specifically on this company. • Comparison -side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite -evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. 4=- Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided in z `=the most current edition of Best's Key Rating Guide products.(Duality Cross Checked). 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A.M.Best Worldwide Headquarters,Ambest Road.Cldwick.New Jersey,08353.U.S.A. http://www3.ambest.com/ratings/entities/SearchResults.aspx?AltSrc=9 11/24/2015 Detail by Entity Name Page 1 of 4 .. .._ _. =Zrt= FLORIDA DEPARTNiE T- OF STAT£` : ��y,F = =y • I'VISION...OF..0 O.R.P0=RATIONS: 5im�j • Detail by Entity Name Foreign Profit Corporation CONTINENTAL CASUALTY COMPANY - Filinq Information Document Number 807583 FEI/EIN Number 36-2114545 Date Filed 03/29/1948 State IL Status ACTIVE Principal Address 333 S. WABASH AVE. CHICAGO, IL 60604 Changed: 04/13/2007 Mailing Address 333 S. WABASH AVE. 43S CHICAGO, IL 60604 Changed: 04/01/2011 Registered Agent Name &Address CHIEF FINANCIAL OFFICER 200 E. GAINES ST TALLAHASSEE, FL 32399 Name Changed: 03/17/2003 Address Changed: 04/17/2013 Officer/Director Detail Name &Address Title CEOD, Director MOTAMED, THOMAS F 333 S. WABASH AVE. CHICAGO, IL 60604 Title EVPD, Director http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/24/2015 Detail by Entity Name Page 2 of 4 PONTARELLI, THOMAS 333 S. WABASH AVE. CHICAGO, IL 60604 Title CFOD, Director MENSE, D. CRAIG 333 S. WABASH AVE. CHICAGO, IL 60604 Title EVPD, Director HAEFNER, LARRY A 333 S. WABASH AVE. CHICAGO, IL 60604 Title EVPD, Director KANTOR, JONATHAN D 333 S. WABASH AVE. CHICAGO, IL 60604 Title SVP DARCY, STATHY 333 S. WABASH AVE. CHICAGO, IL 60604 Title President, Long-Term Care • MIRALLES, ALBERT J, Jr. 333 S. WABASH AVE. CHICAGO, IL 60604 • Title President, International Brosnan, David J. 333 S. WABASH AVE. CHICAGO, IL 60604 Title EVP Fay, George R. 333 S. WABASH AVE. CHICAGO, IL 60604 Title President & COO, CNA Specialty Herman, Mark I. 333 S. WABASH AVE. CHICAGO, IL 60604 Title President, Word Wide Field Operations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/24/2015 Detail by Entity Name Page 3 of 4 Szerlong, Timothy J. 333 S. WABASH AVE. CHICAGO, IL 60604 Title SVP and Treasurer Adams, Amy C. 333 S. WABASH AVE. CHICAGO, IL 60604 Annual Reports Report Year Filed Date 2013 04/17/2013 2014 04/28/2014 2015 03/26/2015 Document Images 03/26/2015--ANNUAL REPORT View image in PDF format 04/28/2014 -- ANNUAL REPORT View image in PDF format 04/17/2013-- ANNUAL REPORT View image in PDF format 04/11/2012 --ANNUAL REPORT View image in PDF format 04/01/2011 --ANNUAL REPORT View image in PDF format 04/30/2010--ANNUAL REPORT View image in PDF format • _ 04/13/2009-- ANNUAL REPORT View image in PDF format 04/11/2008-- ANNUAL REPORT View image in PDF format 04/13/2007-- ANNUAL REPORT View image in PDF format 04/11/2006-- ANNUAL REPORT View image in PDF format 05/03/2005-- ANNUAL REPORT View image in PDF format 05/03/2004-- ANNUAL REPORT View image in PDF format 04/25/2003--ANNUAL REPORT View image in PDF format 05/07/2002 -- ANNUAL REPORT View image in PDF format 04/30/2001 -- ANNUAL REPORT View image in PDF format 03/28/2000-- ANNUAL REPORT View image in PDF format 05/10/1999 -- ANNUAL REPORT View image in PDF format 05/15/1998-- ANNUAL REPORT View image in PDF format 08/11/1997-- ANNUAL REPORT View image in PDF format 04/17/1996-- ANNUAL REPORT View image in PDF format 04/19/1995-- ANNUAL REPORT View image in PDF format Coovriaht al,and Privacy Policies http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/24/2015 Surety Bonds - Certified Companies Page 1 of 1 Continental Casualty Company(NAIC#20443) BUSINESS ADDRESS:333 S.WABASH AVE,CHICAGO. IL 60604.PHONE:312-822-5000. UNDERWRITING LIMITATION b/:S808.254,000.SURETY LICENSES c,f/:AL,AK.AZ,AR,CA,CO,CT,DE, DC,FL,GA, HI. ID, IL, IN, IA,KS.KY.LA.ME.MD,MA,MI,MN,MS.MO,MT,NE,NV,NH,NJ,NM,NY,NC, ND,OH,OK,OR,PA,PR.P.I.SC,SD,TN,TX.UT,VT,VA,VI.WA,VW.WI,WY.INCORPORATED IN: Illinois. https://www.fiscal.treasuty.gov/fsreports/ref/suretyBnd/c5 70_a-z.htm 11/24/2015 COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)NO. 2015-191-YG FOR SOUTH POINTE WATER FEATURE REMEDIATION. Key Intended Outcome Supported: Build and Maintain Priority Infrastructure with Full Accountability. Supporting Data(Surveys,Environmental Scan,etc:N/A Item SummarylRecommendation: The City is seeking to remediate the existing water feature, located at the south terminus of Washington Avenue,which was built as a part of the South Pointe Park Project.Shortly after Substantial Completion of the project in 2009,the Department of Health(DOH)issued a Stop Work Order due to several potential code violations and the absence of a DOH permit to operate, concluding that this water feature was incorrectly permitted as an interactive water feature. In 2012 the City of Miami Beach (City) evaluated several remediation alternatives and chose to reconstruct the plaza and incorporate the water fountains and water cannons into a non-interactive environment that would still maintain the original design aesthetic and the same amenity for users of the park.The new design includes modifications to meet prior code issues.The existing water cannons will be repurposed as misting stations and the at-grade fountains have been converted to elevated tension edge water features. Portions of the existing mechanical systems will be reused and others will be replaced with new equipment.The existing paver plaza will be replaced and the landscaped areas will be enhanced. The scope of work under this ITB consists of construction and remediation of the South Pointe Park Water Feature and Plaza to include all materials, labor,and equipment to successfully perform and schedule the work, as per contract documents.The Work includes, but is not limited to, the following: Replacement of water features,repurposing of water cannons,reuse and replacement'of electrical,mechanical and plumbing systems, replacement and enhancement of landscaping, replacement of paver plaza with new surface materials, lighting, new fire truck access route, replacement of signage,furniture, irrigation system,storm drainage system and all necessary structural,electrical and mechanical infrastructure as approved by all the parties having jurisdiction. ITB No.2015-191-YG,was issued on July 8th,2015,with a bid opening date of September 16th,2015. Four (4) addenda were issued. The Procurement Department issued bid notices to 660 companies utilizing www.publipurchase.com website. 97 prospective bidders accessed the advertised solicitation.The notices resulted in the receipt of five(5)responses from FHP Tectonics Corp.,Solo Construction&Engineering Co., West Construction Inc.,AARYA Construction&Design Inc.,and MCM Corp. See tabulation sheet(Appendix A). The City Manager has considered the bids received, pursuant to ITB 2015-191-YG,and recommends that the Mayor and City Commission of the City of Miami Beach,Florida,approve the award of a contract to FHP Tectonics,Corp.,the lowest responsive,responsible bidder to the ITB;and further authorize the Mayor and City Clerk to execute the contract. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received,pursuant to ITB 2015-191-YG, for South Pointe Water Feature Remediation. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Fund $1,822,750.00 389-2943-067-357 2 $ 315,000.00 301-2943-069-357 BPI Total $2,137,750.00 Financial Impact Summary. City Clerk's Office Legislative Tracking: Alex Denis, David Martinez Sign-Offs: ;e •rtment Dire• o f • ,, nt Ci Mana•_er Ci , ana•er Arm (1 DM�11�U� � T:IAGEND 0.151October\PROCUR• ENTIITB 2015-191-YG South Pointe Water Feature Remediation-S ary.doc MIAMIBEACH AGENDA ITEM C0713 DATE l0-/C4 S 111 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of tie City Co ission FROM: Jimmy L. Morales, City Manager i° • DATE: October 14th, 2015 SUBJECT: REQUEST FOR APPROVAL Ti AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2015-191-YG FOR SOUTH POINTE WATER FEATURE REMEDIATION. KEY INTENDED OUTCOME Build and Maintain Priority Infrastructure with Full Accountability FUNDING The funding for this project is as follows: 389-2943-067-357 Amount$1,822,750.00 301-2943-069-357 $ 315.000.00 Total Bid Amount: $2,137,750.00 BACKGROUND INFORMATION The City is seeking to remediate the existing water feature,located at the south terminus of Washington Avenue,which was built as a part of the South Pointe Park Project.Shortly after Substantial Completion of the project in 2009, the Department of Health (DOH) issued a Stop Work Order due to several potential code violations and the absence of a DOH permit to operate, concluding that this water feature was incorrectly permitted as an interactive water feature. In 2012 the City of Miami Beach (City) evaluated several remediation alternatives and chose to reconstruct the plaza and incorporate the water fountains and water cannons into a non-interactive environment that would still maintain the original design • aesthetic and the same amenity for users of the park. The new design includes modifications to meet prior code issues.The existing water cannons will be repurposed as misting stations and the at-grade fountains have been converted to elevated tension edge water features.Portions of the existing mechanical systems will be reused and others will be replaced with new equipment.The existing paver plaza will be replaced and the landscaped areas will be enhanced. The scope of work under this ITB consists of construction and remediation of the South Pointe Park Water Feature and Plaza to include all materials, labor, and equipment to successfully perform and schedule the work,as per contract documents.The Work includes, but is not limited to, the following: Replacement of water features, repurposing of water cannons, reuse and replacement of electrical, mechanical and plumbing systems, replacement and enhancement of landscaping,replacement of paver plaza with new surface materials, lighting, new fire truck access route, replacement of signage,furniture, irrigation system, storm drainage system and all necessary structural, electrical and mechanical infrastructure as approved by all the parties having jurisdiction. 112 Commission Memorandum ITB 2015-191-YG South Pointe Water Feature Remediation October 14th,2015 - 12 ITB PROCESS ITB No. 2015-191-YG,was issued on July 8th, 2015,with a bid opening date of September 16th,2015. Four(4)addenda were issued.The Procurement Department issued bid notices to 660 companies utilizing www.publipurchase.com website. 97 prospective bidders accessed the advertised solicitation.The notices resulted in the receipt of five(5)responses from FHP Tectonics Corp., Solo Construction &Engineering Co.,West Construction Inc., AARYA Construction& Design Inc., and MCM Corp. See tabulation sheet(Appendix A). The ITB stated that the lowest responsive, responsible bidder meeting all terms,conditions, and specifications of the ITB will be recommended for award. In its due diligence, the Procurement Department verified that the low bidder, FHP Tectonics, Corp. has met the requirements of the ITB, including: 1. Licensing Requirements: Bidder shall be State of Florida certified and licensed General Contractor to be considered for award and submit evidence of licensing with their bid. FHP Tectonics, Corp.is a State certified as a General Contractor. State license number is: CGC1518886 and expires on August 31, 2016. 2. Previous Experience: Bidders shall submit at least three(3)individual references exemplifying their experience for projects similar in scope and complexity involving remediation and construction of water fountains/water features. References must include projects completed or in progress within the last five(5) years. The required previous experience indicated here can be a combined experience of the Bidder and the Team. FHP Tectonics, Corp. submitted three (3) individual references which demonstrate their experience in projects similar in scope and volume to the work indicated in the ITB. 3. Bidder must have the capability to provide a performance and payment bond for the project.The City reserves the right to require performance and payment bonds from the successful bidder. Bidders shall submit a Letter from an A-rated Financial Class V Surety Company, indicating the company's bonding capacity, in the amount not less than one hundred percent of the total base bid amount. FHP Tectonics, Corp., bid response was accompanied by a bonding capacity letter from Continental Casualty Company, dated August 24th, 2015. The capacity letter indicated that FHP Tectonics,Corp.has been extended a bonding facility, which has supported individual projects up to $250,000,000.00 and an aggregate work program in the $1,000,000,000.00 range. Additionally, FHP Tectonics, Corp. currently has in excess of$500,000,000.00 in available bond capacity. Continental Casualty Company is rated A XV by AM Best. 4. Financial Stability and Strength:The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. FHP Tectonics, Corp. has a good record of performance and has the financial resources to ensure that they can satisfactorily provide the goods and/or services required in the ITB.Their latest Supplier Qualifier Report from Dun&Bradstreet 113 Commission Memorandum ITB 2015-191-YG South Pointe Water Feature Remediation October 146,2015 13 indicates that they have a Supplier Evaluation Risk(SER)rating of 5 out of 9. The lower the score, the lower the risk. Accordingly, FHP Tectonics, Corp., has been deemed the lowest responsive and responsible bidder(s)meeting all terms, conditions, and specifications of the ITB. CITY MANAGER'S REVIEW AND RECOMMENDATION The City Manager has considered the bids received, pursuant to ITB 2015-191-YG, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to FHP Tectonics,Corp.,the lowest responsive,responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contract. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2015-191-YG, for the 7th Street Parking Garage Renovation. 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