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
•
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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