Harbour Construction - Exhibit 7 Payment Bond EXHIBIT 7
PAYMENT BOND
Project Manual Form of Payment Bond
ISSUED IN DUPLICATE
00915 FORM OF PAYMENT BOND Bond Number 1056507
BY THIS BOND, We Harbour Construction, Inc. as
Principal, hereinafter called CONTRACTOR, and Lexon Insurance 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 , awarded the 12th day of November 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 alt 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
Contractor the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this 18th day of November , ,2010
WITNESSES:
C
J Q r „ /, Harbour Construction, Inc.
Name of Corporation):
By _ ...1 �..i I C_.IIL I I k 'UP
(Secretary) 4ignature and Tit -)
(CORPORATE SEAL) I 1 E. ner(G v
L5 I
(Type NamelTitle Sigrled Above)`.
IN THE PRESENCE OF: INSURANCE COMPANY
s on Insuran e
i
By ,c t l �j . WU1C ld
Agent and Attorney % n -Fab
Judith A. McGoogan
• 256 Jackson Meadows Dr.uiie 20
w Q A Gni �. , �� (Address Street)
William R. Fisher, FL Resident Agent D059633 Hermitage, TN 37076
(City /State /Zip)
Telephone No.: 615 -250 -3062
July 2010 City of Miami Beach Page 166 of 185
•
State of Illinois
County of Cook
On this 18th day of November 2010, before me personally appeared
Judith A. McGoogan , known to me to be the Attorney -in -fact of
Lexon Insurance Company . , the corporation that executed the
within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the
aforesaid county, the day and year in this certificate first above wr
•
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1 .4k4116 11 iii■dr
OFFICIAL SEAL (Notary Public)
(Seal) JESSICA DIAZ
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:07 /10/13
POWER OF ATTORNEY LX_ 83651
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint: Dorothy J. Ballis, Jacquelyn M. Norstrom, Judith A. McGoogan, * *
Josefina Cervantes, John P. Harney, Joseph C. Clavelli ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two - million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
- IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 2nd day of July, 2003.
�'�JRANCF LEXON INSURANCE COMPANY
•
•
A :O
•
1 TEXAS '•Q
f X ; INSURANCE 2D f
\Wj COMPANY � ' z C h BY
■ David E. Campbell
.... 7 President
ACKNOWLEDGEMENT
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation.
"OFFICIAL SEAL"
MAUREEN K. AYE
Notary Public, State of Illinois '� ��
My Commission Expires 09/21/13
Maureen K. Aye
CERTIFICATE Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a tr e and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Sealed at Woodridge, Illinois this ! Day of -- , 20 C
'BAN
i ��' A
3 : TEXAS : o ! VX " INSURANCE
G W,. COMPANY
- � Donald D. Buchanan
N. Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or
statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi-
al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
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