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RIC-Man Construction - Exhibit 7 Pament Bond EXHIBIT 7 PAYMENT BOND Project Manual Form of Payment Bond Bond No. 929 513 710 00915 FORM OF PAYMENT BOND BY THIS BOND, We Ric -Man Construction, Inc. ; as Principal, hereinafter called CONTRACTOR, and Western Surety Company : 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) for Streetscape Utilities, 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.: 37 -09/10 , awarded the 27th day of October , 20 10 , 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 attorneys 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. July 2010 City of Miami Beach Page 165 of 185 Project Manual Form of Payment Bond 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 15th day of November 2010 WITNESSES: C.A(7 Ric Man Construction, Inc. Dbiri nA - jr Name of Corporation) By Secretary) c,4 -Li4- flt- -vci.0 j (Signature and Title) (CORPORATESEAL) Daniel Mancini, Vice President (Type Name/Title Signed Above) IN THE PRESENCE OF: INSURANCE COMPANY western surety Compariy By t ` Agent a.. a rney -in- Fact „, Angelo Zevos 24724 Farmbrook Road - (Address: Street) Southfield. MI 48034 (City /State /Zip) Telephone No.: 248- 355 -4411, Ext.227 July 2010 City of Miami Beach Page 166 of 185 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James R Gargaro, Gus E Zervos, Steve M Zervos, Angelo G Zervos, Donald W Burden, Christina M Serra, Individually of Southfield, MI, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. • This Power of Attomey is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. • In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 2nd day of September, 2010. • WESTERN SURETY COMPANY SVRETy',, Z Vii. N TH OPK " ° w,,,,,,,,,,,,,r ° Paul .Bruflat, Senior Vice President State of South Dakota J j ss County of Minnehaha On this 2nd day of September, 2010, 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 the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires JtitititititisstiS%%%%%%ti55a5ti5a + D. KRELL November 30, 2012 : oft NOTARY PUBLIC sEaL � SOUTH DAKOTA J J +4S44sbhSti44ti b4sYtitiSS ti4h + D Kre11No y Public CERTIFICATE - ti. - I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney her inabove set forth,, s still in -- force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony wheredf-I have hereunto subscribed 1 5th N ovember , 2010 `" my name and affixed the seal of the said corporation this day of • a +S�RET}'''u WESTERN SURETY COMPANY • oPQOgg gW1 {^{Z lik. s A ..;,I sue....._...µ 2t • L. Nelson, Assistant Secretary Form F4280 -09 -06 { Project Manual Certificate as to Corporate Principal 00916 CERTIFICATE AS TO CORPORATE PRINCIPAL 1, 67-riii-uNoti- /1f ff//CA/l , 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 ,4-/V /gL /' /4-/ who signed the Bond(s) on behalf of the Principal, was then V /C- PQS /D6V ( . of said corporation; that 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: (Seal) as Secretary of //(1g4/ CaWS 7 7 VC (Name of Corporation) ' (SEAL), STATE OF FLORIDA )` SS COUNTY OF MIAMI -DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared T tNi 1 EL I Y )Pu i C ", r1 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 15 day of Nak) . , 20 1 O My '0v 60.0 But. Notary Public State of Florida Notary Public, State of Esther Zoblin c a My commission DD928687 Florida at Large 94. 0f,041 Expires 09/28 /2013 - Bonded by 14 vCK► ( ■/ July 2010 City of Miami Beach Page 167 of 185