Exhibit 7 Payment BondExhibit 7
Payment Bond
Project Manual
00720 FORM OF PAYMENT BOND
Bond No. 105011469
BY THIS BOND, We Tran Construction, Inc. ~ Surety
Principal, hereinafter called CONTRACTOR, and Company of America as
Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called
CITY, in the amount of
ari initial Qne Million Dollars ($1,000,000) for HORIZONTAL
ROW Contract 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,
Construction
Bid/Contract No.: ~6-0607 I-bria~ntal ,awarded the3lstdayafAugust , 20 07 ,
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 Zook 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
May 2007 City of Miami Beach Page 93
Proiect Manual
(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 insti#uted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions {2.1 }and (2.2) have been given.
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 2 5th day of S e p t emb e r, 20 0 7
WITNESSES:
IN THE PRESENCE OF:
Tran Constr cti , Inc.
Name of Co rat'
By ~~~.~~
re and Title}
~~~/~-1i T LaL~~
(Type Name/Title Signed Above}
Traveler's,. Casualty and Surety
Comoanv of~ America _
INSU~IANCE OMPAN
~~~
By - 4r -~
~$~r~nl~ At~~e~yrin-Fact
One Tower Square
(Address: Street}
Hartford, CT 06183 __
(City/State/Zip)
Telephone No.: 8 6 6- 2 7 7- 0111
Page 94 City of Miami Beach May 2007
(CORPORATE SEAL)
Project Manual
Q0721 CE~RTi>IFICATE AS TO CORPORATE PRINCIPAL -
I, -~~~,~y T LoG~s~ certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that ~%eY T Lavbz~! who
signed the Bonds} on behalf of the Principal, was then ,~~fO~f said corporation; that
I know hislher signature; and hislher signature thereto is genuine; and that said Band(s)
was (were) duly signed, sealed and attested to on be of said corporation by authority
of its governing body.
(Seal} as Secretary of
(Name of Corporation)
{SEAL}
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE }
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared Warren M . A 1 t e r to me well known, who
being by me first duly sworn upon oath says that helshe 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 2 5th day of S e p t erne b ~0 0 7
My co mission eXpires: 0 2 / 13 / 2 011 4f~Q-
~~^ Notary Public State of Florida Notary ublic, State of
MabelLago Florida a Large
` y Commission DD639851
~~ ~`~ Ex free 02/13!2011
BandgdTravelers Casualty and
by Surety Company of America
May 2007 City of Miami Beach Page 95
ATTORNEY
TRAVELERS POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
AttorneyIn Fact No. 218020
THE RED
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No.O 017112 7 6
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the Slate of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America aze
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, Warren M. Alter, and David R. Hoover
of the City of Miami Lakes ,State of Florida ,their true and lawful Attorney(s)-in-Fact,
each in their sepazate 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 guazanteeing bonds and undertakings required or permitted in any actions or-prpceedings allowed by law.
IN WITNE~St WeHEREOF, the Compa ~eOsOhwe caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of >
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insur~me Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
29th
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
GI.6 Uq SURETj~ yF\RE 6 ~*N.M~NSG Pl INSUg9 JPI~Y Ahp~ ~ ~p yya~ ~YI4-
°RIJ 1 rtpRPOR.,>\i ?i PONAT :P " SA
Z az~ o ~ 1977 ~nort~tttn 1927 z ~r `;m W:~ _ f:. 1 O < ~ •`- 7
~: a; ~, a Ham, ate.
4~~a ~ 1951 s ~.SEAL~oI ~~S81I.L;;; ~~ C0N"' eo ~',~F~ `" ~
bey ~ Ar+ ~ ~irOF~W,~ ys`~ „NCE °° ~v1s .. A~~a'~lr `olr........*~+° ryt ~Nae ~ . 'ET- ~ AIN~
State of Connecticut
City of Hartford ss.
By:
Georg Thompson, enior ice President
On this the 29th day of June 2007 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, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, 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 Surely 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 officer.
In Witness Whereof, I hereunto set my hand and official seal. ~ ~ W w" v V~~n'~"~v1
My Commission expires the 30th day of June, 2011. ~ ~OLSUa * Marie C. Tetreault, Notary Public
~~
58440-8-06 Printed in U.S.A.
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 Fazmington Casualty Company, Fidelity
and Guazanty Insurance Company, Fidelity and Guazanty Insurance Underwriters, Inc., Seaboard Surety Company, 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., Seaboazd Surety Company, 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 trne and correct copy of the Power of Attorney executed by raid 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 sealti of said Companies this 2 5th day of S 2 P L @ 111 b @ C
20 ~ ~.
C=~/~~~ c~ ' ' v
Kori M. Johans Assistant Secretary
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To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.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