Metro Express -Exhibit 7 Payment Bond EXHIBIT 7
PAYMENT BOND
Project Manual Form of Payment Bond
00915 FORM OF PAYMENT BOND
Bond No. 2454909
BY THIS BOND, We Metro Express, Inc. as
Principal, hereinafter called CONTRACTOR, and neat American Insurance Comp*W 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,
(JOC- Streetscape
Bid /Contract No.: - utilitieqiwarded 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. 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 4
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 day of , 20
WITNESSES:
Name of Corporation)
BcD 1 ei-cs-,34d-
(Secr-.etary) (Signature and Title)
"(= RPORATE SEAL)
(Th 2.�r et�
'� (Type Name/Title Signed Above)
IN THE PRESENCE OF: 1 SURAN , r 1 • MP i Y
treat Ame. ns :n`c- • . _ _ -y
■ �� ���nnQQVV
Witness • ' armen Qtittcym t in -Fact _ y
1060 Maitland Center Commons Blvd., Ste. 100
(Address: Street)
Maitland, FL 32751
(City /State /Zip)
Telephone No.: 768 -5959
July 2010 City of Miami Beach Page 166 of 185
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513- 369 -5000 • FAX 513- 723 -2740
The number of persons authorized by
this power of attorney is not more than TWO
No. 0 19998
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
CARMEN E. PILLOT BOTH OF
MICHAEL A. HOLMES MIAMI LAKES, FLORIDA $75,000,000.
This Power of Attorney revokes all previous powers issued on behalf of the attomey(s) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 16TH day of APRIL 2010 .
Attest GREAT AMERICAN IINSS COMPANY
= ./ 1:1/ , '
-1;
Assistant Secretary Division/ Senior Vice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513 -412 -4602)
On this 16TH day of APRIL 2010 , before me personally appeared DAVID C. KITCHIN, to me known, being
duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by
like authority.
o *' KAREN L. GROSHEIM ,
NOTARY PUBLIC, STATE OF OHIO
MY COMMISSION EXPIRES 02 -20 -11
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unaniinous written consent dated June 9, 2008. •
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this • day of -
•
•
Assistant Secretary -
S1029Y(10/08) •