Exhibit 6 Performance BondExhibit 6
Performance Bond
00710 FORM OF PERFORMANCE BOND
Bond No. 105017196
BY THIS BOND, We CW CONSTRIICTION, INC. as
Trave ers Casualty and Surety
Principal, hereinafter called CONTRACTOR, and Company of, America as
Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called
CITY, in the amount of an initial One Million Dollars ($1,000,000.00) HORIZONTAL ROW
for the payment whereof CONTRACTOR and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, (=ONTRACTOR has by written agreement entered into a Contract, ITB
No.: s6-Q6/o7 _ ,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 Job
Order Contract ITB 36-06/07 the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed- iii the
Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; and
3. Performs the guarantee of afl work and materials furnished under the Contract for e
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 or Gontracts 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.
4. No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
5. 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 day of , 20,
WITNESSES:
(Seer t~ ary)
(CORPORATE SEAL)
IN THE PRESENCE OF:
CW Construction, Inc.
Name Corporation)
By ~'
~~gnat
Charlotte Y. Willis, President
(Type Namelfitle Signed Above)
day of , 20
Travelers Casualty and Surety Company
of Ameri~~
INSURB~NCL'~COMPANY ~-
Agent and Attorney-in-Fact
Warren M. Alter
One Tower Square
(Address: Street)
Hartford, CT 06183
(City/State/Zip)
Telephone No.: (860) 277-0111
POWER OF ATTORNEY IS INVALID
POWER OF ATTORNEY
TRAVELERS J~ Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No. 219156
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. lJ ~ ~ ~ ~ ~ l.+
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 Guadian 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 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
Guazanty 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
Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, David R. Hoover, and Gicelle Pajon
of the City of Miami Lakes ,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 their business of guazanteeing 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 WPI'N S WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of September 2007
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
25th
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
G,.SUq suRrrY RE 6 sN SRS ~ ,NSV TV ANp _`~yiY~A~
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r 982 O ~ 1927 2 ~I F,m WrCCRPORATE;:,ni~ m m ~ t
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State of Connecticut
City of Hartford ss.
By:
Georg Thompson, enior ice President
On this the 25th day of September 2007before 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 Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guazdian 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.
~~P,TlT
In Witness Whereof, I hereunto set my hand and official seal. ~ ~ W w" v ~ V
My Commission expires the 30th day of June, 2011. ~'0U8UG * Marie C. Tetreault, Notary Public
~~
58440-5-07 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 hTSUUmce C;nderw~itcrs. Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company,
St. Paul Guardian [nswancc Company, St Paul Mercury Insurance CompAm. Travelers Casualq and Surety Company, Travelers Casualty and Surety Company of
America, and Cnited Stites Fidelity and Guaranty Company. which resolutions are now in full force and effect, reading as follows:
RESOLVED. that the Ch unman, the President, any Vice Chaim m. am Executive Vice President any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary of any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may nee such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Companti s seal bonds, recogn~~anc~s contracts of indemnity, and other wntings obligarory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Dirceu~rs at any time may ~enu>ve any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, guy Vicc Chaiunan, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregom * authority to one or mope 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 Seuetary; and it is ~
FURTHER RESOLVED, that amp bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and bmdin, 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 Treasw~e~, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company s seal by a Secret ii y or Assistant Secretary. of (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 cetificate or their .einiicates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVF,ll that the si *nature of tech of the following officers: President any Executive Vicc President, any Senior Vice President, any Vice President,
my Assistant Vice President. my Seuetary, am Assistant Secretai~, and the seal of the Company may he 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 rind 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 bindin, 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 hoed or undeisrmding 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
Underwnters, hu. Seaboard Surety Company, St Paul Fn~e and Mx~ine [nsurance Company, St Paul Guardian Insurance Company. St Paul Mercury Insurance
Compam~ Travelers Casualty and Surety Company, Travelers Casualty and Surety ConrpanyofAmerica, and United States Fidelity and Guaranty Company do hereby
certify that the above and toregomg is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seals of said Companies this day of ~0
Kori M. Johans Assistant Secretary
1 V QQf.\ ,' F' ~ SURET ~ m\RE 4 yii.~ ~~µ ~NSG :•'~~1NSU~'q ..t Jp~tY ANO SU YI~._
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To verity the authenticity of this Power of Attorney, call 1-800-d21-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the
above-named indn iduals and the details of the bond to which the power is attached.