M.Vila & Associates - Exhibit 7 Payment Bond EXHIBIT 7
PAYMENT BOND
•
Project Manual Form of Payment Bond
Bond Number 5085726
00915 FORM OF PAYMENT BOND
M. Vila & Associates, Inc.
BY THIS BOND, We 12097 NW 98th Avenue, Hialeah Gardens, FL 33016. as
Principal, hereinafter called CONTRACTOR, and SureTec 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 Minion Dollars ($1,000,000) for Streetscape Utilities, for the
payment whereof CONTRACTOR and Surety bind themselves, theft hefts, 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 ofoctober , 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 Mond
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 term of this bond begins Novembar18, 2010 and ends November 17, 2011. Failure
of surety to provide renewal bond shall not cause a default during the term of the
agreement. 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 18th day o f November 20 10
WITNESSES:
M. Vila & Associates, Inc.
Name of Cor oration)
By
- (Sec tary) (Signature and Title)
(CORPORATE SEAL)
i/14c/ l Uit/4
(Type Name/Title Signed Above)
IN THE PRESENCE OF: INSU" A NCE COMPAN
SureT:c Insrance Co any
By
A : - nt and Attorney -in- Fact
Warren M. Alter
952 Echo Lane, Suite 450
(Address: Street)
Houston, TX 77024 ' '` ��
(City /State /Zip)
Telephone No 713- 812 -0800
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July 2010 • City of Miami Beach Page 166 of 185
Project Manual Certificate as to Corporate Principal
00916 CERTIFICATE AS TO CORPORATE PRINCIPAL
I, -AQ,1Q,T10 1/ t I VJ , certify That l am the Secretary
of the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond); that l+gueL.. \) k, who signed the Bond(s) on
behalf of the Principal, was then lei, - P ■ re,c,,t }- 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.
Secretary of . 4
14. tit ha. dQ(CLLQo -
(Name of Corporation)
(SEAL)
r STATE OF FLORIDA )
) SS
COUNTY OF MIAMI -DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
U1 Lam 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 not day of X)0 , 20 /
My commission expires: Dee z9 z-0/
4: 71 , DAn'FSTHERQUINTERO Notary Public, Sta e of
MYC,MMISSION #DD927827 Florida at Large
Oc �{ EXPIRES: December 29, 2013
A' cO'
14300-3-NOTARY Fl Notary Discount Assoc. co
Bonded
by SureTec Insurance Company
July 2010 City of Miami Beach Page 167 of 185
POA it 910043
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Warren M. Alter, David T. Satine
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no /100 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the
premises. Said appointment shall continue in force until 9/30/2012 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved. that the President, any Vice - President, any Assistant Vice- President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in -Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney - in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April,
1999.)
In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 28th day of October, A.D. 2008.
4 ..., _ . SURETEC INS '' - CE COMPANY
4 : % — e B y :
.z -. B. ICI ' es;ideot •
State of Texas ss: ' / ,.
County of Harris •...... f : •
* .
On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides
in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;
that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of
Directors of said Company; and that he signed his name thereto by like order.
a Michelle Denny
." a C * Notary Public)
State of Texas Explie � CO ,uj. t e li
attrr, x�ta
Michelle Denny, Notary P lic
My commission expires August 27, 2012
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attomey, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, sct
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 18th day of November 20 10 , A
_ � . AL IN
M. Brent t eaty, Assis ant Secretary
Any instrument issued in excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST.