Envirowaste Services Group - Exhibit 7 Payment Bond EXHIBIT 7
PAYMENT BOND
Issued in Duplicate .
{ Project Manual Fonirt . ®f Payment Bond
Bond No. 08143811
00915 FORM OF PAYMENT BOND
. BY THIS BOND, We
Envirowaste Services Group, Inc..
. as
Principal, hereinafter called CONTRACTOR, and Fidelity and Deposit Company of Maryland as Surety,
are bound to the City of Miami Beach, Florida, as Obligee, hereinafter `called CITY, - in the
amount of an initia -1 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:
2.5. 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 Ferris 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 provisions and limitations of Section 255.05 Florida Statute, including but not limited to the
time limitations in Sections 255.05(2) and 255.05 8), are incorporated in this bond by reference.
The Surety hereby waives notice of and agrees tha� 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 unde this Bond.
Signed and sealed this 24th day of November�'. ; 2& 10
WITNESSES:
Envirowaste Services Group; Inc.
�
~' Name of Corporation}
zl ,
/ By C�
x
cretary} (Sig toe and Title)
, J . (GO SEAL)
(Type Name /Title Signed Above)
Fidelity and Deposit Company of Maryland
IN THE PRESENCE OF: INSURANCE COMPANY
By
YTAAt� OA Agent. and.Attorney -in -Fact
Sharon Daugherty Contrac r �ure'ty H fon8 s dairn
c/o Zurich 1400 American Lane
PIOV1144 (Address :. Street)
Schaumburg, IL 60196
Peggy (City /State /Zip)
Telephone. No:: 813- 354 -2232 =
' C /Q WILL OF FLO,91DA
3000 BAYPORT DRIVE, #300
TAMPA, FL 33607
INQUIRIES: (813) 281 -2095
July 2010 City of Miami Beach Page 166 of 185
Project Maenuae Certificate. as to Corporate Prind -al
CERTIFICATE AS TO CORPORATE PRINCIPAL
BO- cert ify that I am the Secretary
of the corporation named as Principal in the foregoing Performance and - Payment Bond
(Performance Bond and Payment Bond); that , ' A , .who signed the Bonds) on
P _
behalf of the Principal, was then G 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..
a _ (Seal) as Secretry o,f
GNU / F0 C 6 j ex V/C ts
.(Name of Corporation)
(SEAL ) ;`,�
STATE.OF FLORIDA
) .SS
COUNTY OF MIAMI -DADS )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
a to me well known, who being
by me first duly sworn .,upon' po oath says that he /she has been authorized to execute the
foregoing Performance a.nd Payment Bond (Performance Bond and Payment Bond) on .
- behalf of CONTRACTOR named therein i favor of CITY.
Subscribed and Sworn to before me this. � � � da Y of 9 (XftLW2 0 1
My commission expires:
N tary Public tate of
- F lorida at Lar P
157 201
Bonded
by .
JELEAMY VALDIVIA
*: MY COMMISSION # EE041823
,,.'+��•'`� EXPIRES November 15, 2014
40T) 38a -0163 FlorldaHota .oprr�
July 2014 - City of Miarni Beach Page 1167 of 185
Power of- Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a..
orporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY,..
Assistant Sec,etary, in pursuance of authority granted by Article VI, Section 2, of the By -Law cs id Company, which are
By-Laws-
etforth on the reverse side hereof�and are hereby certified to be in full force and effe4t ylt� ereof, does hereby
nominate, constitute. and appoint David H. CARR, Carol H. HERMES� Ai;tfL� aret A. GINEM and .
Linda HORN, all of Tampa, Florida, EACH its true and lav f d �M a�kAttdmp, - a Vgi(i ,' & execute, seal and
�,..�
deliver, for, and on its behalf as surety, and as its ac * , ; ` y- nd kjklu akings, and the execution of
such bonds or undertakings in pursuance of 1 i se; san s; shall be � iWd .upt `said Company, as fully and amply, to all
intents and purposes, as if the eg % Recut d a Wk& by the regularly elected officers of the Company at
its office in Baltimo e-, �th it n 1 power of attorney revokes that issued on behalf of James W.
DUNN, David H. CA "rol N. E��ett�CARDINALE, Margaret A. GINEM, Linda HORN, Denise TAYLOR'
dated March 3 2008,,
The said ,Assistant r 'ry does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI.,
Section 2, of the By -Laws of said Company, and is now in force.
IN. WITNESS WHEREOF the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this l Oth day of June,
A:D. 2010.
ATTEST: FIDELITY AND DEPOSIT COMPANY.OF'MARYLAND'
'gy p, OfPp
o
_j VOW*
W
-^ B
Gregory K Murray Assistant Secretary Theodore G. Martinez
State of Maryland ss:
City of Baltimore
On this 10th day of June, A.D. 20 ., bef ore the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice.President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority .
t
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official .Seal the day and year first above .
written.
Constance A. Dunn Notary Public
My Commission.Expires: July l4, 2011
PDXF 031 -3190
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior
Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or. any one of the Assistant Secretaries, to appoint Resident
Vice- Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the - Company may require, or to
authorize any person or persons to execute on behalf of the C mpany any bonds, undertaking, . recognizances, stipulations.
policies; contracts, agreements, deeds, and" releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
I; the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice - President who executed the said Power of Attorney was one of the additional. Vice- Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorn-11 anal. Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of DirP� tors E�f the FTTZFI.ITY AND DEP�CSIT; rJI�! I' ' 1`rTY OF MARYLAND at a; meeting duly called and help'
the IOth day of May, 1990.
RESOLVED: "That. the facsimile or mechanically reproduced seal of the company and facsimile or mechanically.
'reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of 'attorney issued by the Company, shall be valid and
binding upon the Company with the same force. and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this LH-i-s- day of IU
-, /-
Assistant Secretary
f