Trans Florida Development Corp - Exhibit 7 Payment Bond EXHIBIT 7
PAYMENT BOND
Project Manual Form of Payment Bond
Bond
no.: 364
"
00915 FORM OF PAYMENT BOND
'
Trans FloridaDevelopment Corp.
BY THIS BOND; We as
Travelers Ca ualt and Surety Com an
Principal, hereinafter called CONTRACTOR, and O T - AWica s surety,
are bound -to the City "of Miami Beach,: Florida; as Obligee, -hereinafter,calied `CITY, in the
mount of 'an initial One Million Dollar .
s ($� ;04Q .for . Streetscape u tilities, for. the "
a
payment whereof CONTRACTOR and Surety, bind themseljres, their heirs;. executors;
administrators, successors and assigns, jointly and se.verall
9 � 1 Y. Y ..
WHEREAS,' CONTRACTOR has by written agreement entered into a Contract;
37 09/10
Bid /Contract No.: - ; awarded`` the da of. 20 with
Y
CITY which Contract Documents are by reference incor orated herein and made :.a art
"
P P
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 :.
T, 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
Prom tI makes 'p ments. to all claimants : as defined by Florida. Statute. 255.05('1)
2 P Y P Y
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 palyment.for its labor, materials, >.or, supplies °shall;
Within forty -five {45} days after beginning to furnish labor, materials,: or .
Pp P
furnish to. CONTRACTOR a notice
su lies for the. rosecution of the work,
that he intends to look to t bond for P rotection`.
2.2. �A claimant who is `not in privity with CONTRACTOR -.and who has .not
received a ment for its labor;, materials; or.su lies shall, within ninety 9
- P. Y Pp o 0 � he
days after performance of the labor or after.. c mplet delivery t
,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.
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.
JuEy 201 0 City of Miami Beach Page 1 65 of 185
ond
Project Manual Form of Payment B
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
S tatutes. '
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 l da of fJiV��t�J� , 20
Y
WITNESSE
Trans Florida Development Corp.
Name of Corporation}
BYX
(S ret ry) i a eand- Title }.f
}A - (CORPORATE SEAL}
Tye Name/Title Signed Above)
>Y Traveler 0 7sual ty ; and.Surety`Co any. of America,.
W
. .
IN THE PRESENCE OF: INS U C
e CO
By
nt an J. : Nielson
Attorney in - _Fact .,
.-Charles .
`
One, -Touter Square
,
r
(Address•
Street)
Hartford ;..CT.'06783
(City/Sta ;
.Telephone No.: 86
0 27? 0111
July . 201 0 City 'of Miami Beach Page 166 0 f `185
7.
:Project Manual Ger#ifica #e as to Corporate Principal
00.91.6 CERTIFICATE, AS:TO :CORPORATE PRINCIPAL
f4 1�kO certify that I am the `Secretary .
of the corporation named as Principal. in " the foregoing Pqjf ormance and Payment Bond
(Performance Bond and Payment Bond }, that ,�G�t'rho signed the "Bond "(s): an
behalf of the Principal, was then I�iCs�,�11' of said "corporation; that [
know hislher'signature; and hislher signature thereto is genuine;. and that said Bond(s) was
were dul sr ned, .sealed and atteste to on - behalf of said cor oration b authorit ,of its.
Y. p Y. -" .
g overning body.
Seal as Secretary of ::..
- Tra °' ida Development Corp** �;..
Name of Corporation
SEALY
STATE OF FLORIDA
7 A
COUNTY OF MIAMI =DAQE
Before me; a Notary Public duly commissioned, qualified. and acting personally, 'appeared :
Charles -J.. Nielson;
- 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 aril Payment B ond � (Performance Bond and P ayment Bond) on"
behalf of CONTRACTOR .named therein in favor of CITY.
Subscribed and Sworn to before me this o 20
fllJ commission y
y expires:
X xW1 Notary P tic, S of
Florida a
s
• � ..,
Bonded .
o _�
yy ;? #D6842438 ° by : ; Un Sur "'. o America
d thM �w
/C MWOIN
G" S7AY:E OF
July 2Q7 0 City of Miami Beach Page 167 of 185
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
n A IM POWER OF ATTORNEY _
TRAVE LLERS J Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers. Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters Inc. Travelers Casualty and Surety Companyof America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company .
St. Paul.Guardian Insurance Company
Attorney =In Fact No. 222181 Certificate No. 0
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and.
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws, of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the_State of Wisconsin
(herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint
Charles D. Nielson, Charles J. Nielson, Mary C, Aceves, David R. Hoover, Gicelle Pajon, Olga Iglesias, Gloria McClure, and Arthur Colley
of the City. of Miami Lakes State of Florida their true and lawful Attorney(s)- in- Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature. thereof on behalf of the Companies in their business of guaranteeing the, fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permrtted-°in anyactions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be,sgned and their"corporate seals to be hereto .affixed, this
13th
day of May, 2010
Farmington Casualty Com "p"any St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Cornpariy Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and.Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
00,SU4 QTY �p10.E 4 1 .1 NSUq` , , JP\TYgNps 0$yy�j�
t - C `��i - ONOGgq G C 7 jp Q pr: •, : fir J .....4,�, s,. g - G �.'� p� Q� `p+•
1982 o INCORFDRATED� m 1� � :W °o aeoRgrF� 9�, \ Ixcorq�p
p ' 97'f n§ j HARTFORD, < HRRTFbRD r E19
z s _ n.' : �; o; W 7
:J; D 19J 1 J' S E A 1. i '• CONN. n COP1M. j. 6
d ry >�+ d *� 4 ksvrANGE s �% ......46 '�o:;.'•......:'a� s r g a t "• ��� r/�l N!
• unuummo�o" S . /.N .T '�S r 1 �,�• A
State of Connecticut By:
City of. Hartford ss. Georg Thompson, ic e President
On. this the 1 3th day of . May .2010 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Guaranty Insurance Underwriters,
Inc., St. Paul Fire and "Marine Insurance Company, St.. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers-Casualty, and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as � such, being authorized so ; to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by, himself as a duly authorized offi er.
T om,
In Witness Whereof I hereunto set my hand and official seal. W w" t� V
My Commission expires the 30th day of June, 2011. n j0tl8�`� * Marie C. Tetreault, Notary Public;
58440 - 4 -09 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty, and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,., which_is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and - affixed the seals of'said Companies this day of 20 _
Kori M. Johans Assistant Secretary
Y ■Yp
00'su `, FIRE 4 I *N �NfG ••'±� INSUq °'v P I,tY ANO $yy ', tTY
(0 4 79 Q�' RPO 74J••....... I'C 1 9 8 2 O � TED y " j m S s F _._ E n i a Hs a' HARTFOM 1.9J o ? + CONN. o GUNN. SEA.Lf3: , o
T ''�s���NC� al•..... :.6 . .. .......... . a s o +a � ••... 4.. X1 1
r unup n�m�mu � . •j r ,r� 1 1•� I�MYYY9?�'� A�
To'verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER