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Williams Paving Co. - Exhibit 7 Payment Bond EXHIBIT 7 PAYMENT BOND Nielson, Hoover & Associates Bond Department Public Works Bond In compliance with Florida Statutes 255,05(1)(a) Bond No. 964 -014 -198 Contractor Williams Paving Co., .Inc. Address 11300 Northwest South River Drive Medley, Florida 33166 Phone No. (305) 882 -1950 Surety Company Liberty Mutual Insurance Company Address 175 Berkeley Street Boston, Massachusetts 02116 Phone No. (617) 357-9500 'Owner Name The City of Miami Beach Address 1700 Convention Center Drive Miami. Beach, Florida 33139 Phone No. (305) 673 -7234 Contract/Project. No. 1113 No. 37/09 -10 Project Name For job Order Contracting - Streetscape Utilities Construction Projects Project Location Various Locations Legal Description N/A - Various Locations and Street Address throughout The City, of Miami Beach Description of Work Streetscaping Utilities - (paving and drainage work) Front Page All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. Bond No. 964- 014 -198 Project Manual Form of Payment Bond 00915 FORM OF PAYMENT BOND BY THIS BOND, We WILLIAMS PAVING CO., INC. as Principal, hereinafter called CONTRACTOR, and Liberty Mutual 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, theft 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 21St 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 �� day of / fa . 20 /0 WITNESSES: / '/ ` u / Williams Pav"' g Co / Name of /�.rp rfr t�pY1f�(P� Srv:14-11 By - (Secretary) / ( /■nature '(:CORPORATE SEAL) Alan B. Rodriguez, Vice President r.. (Type Name/Title Signed Above) IN THE PRESENCE OF: 1NSURA CE COMPANY Liberty ual Insurance Company By Agent and Attorney-in-Fact Charles D. Nielson Y ,. 175 Berkeley Street .�} (Address: Street) Boston, Massachusetts 02116 (CitylState /zip) Telephone No.: (617) 357-9500 July 2010 City of Miami Beach Page 166 of 185