Exhibit 7 Payment BondExhibit 7
Payment Bond
Bond No. 105017196
00720 FORM OF PAYMENT BOND
BY THIS BOND, We CW CONSTRIICTION, Ixc. as
Trave ers Casua ty an 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 an in~ial One Million Dollars ($1,000,000} for HORIZONTAL ROW
Contracts 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.: 36-06/07 ,awarded the day of , 20 ,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 Plorida Statute 255.05(1)
for all labor, materals 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-frve (45} days after beginning to furnish Tabor, 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, wi#hin 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.
2.4: Any action under this -Bond must be instituted in acxnrdance 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 , 20,
WITNESSES:
(Sec etary)
CW Construction, Inc.
Na Corporation
B
/~ (Sign d Title)
d t2s~
(CORPORATE SEAL)
IN THE PRESENCE OF:
Charlotte Y. Willis, President
(Type NamelTitle Signed Above)
Travelers Casualty and Surety
Company of ica
INSURA CE C MPA/NY ,.-
By I~ v
Agent and Attome -in-Fact
Warren M. Al~er
One Tower Square
(Address: Street)
Hartford, CT 06183
(City/State2ip)
Telephone No.: (860) 277-0111
00727 CERTIFICATE AS TO CORPORATE PRINCIPAL
1, Lu Ann Lacova 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 Charlotte Y. Willis who
signed the Bond(s) on behalf of the Principal, was then Pres. of said corporation; that I
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.
~Z.~~ ~ i .//.1",~' :Seal) as Secretary of
CW Construction, Inc.
(Name of Corporation)
(SEAL)
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
Charlotte Y. Willis 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 day of , 20
My commission expires: ~~~ ~~ ~~~, ,~„~
Notary Public, State of
__.__._
~~ ~ K~ ~P~~c~State of Florida Florida at Large
f MY Commission DD480125
~a n~ Expires 1111412009
Bond
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ING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED
' ,~I ~ POWER OF ATTORNEY
TRAVELERS J Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney-In Fact No. 219156 Certificate No. ~ ®-j- y `-l ~ ®~
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 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, Warren M. Alter, David R. Hoover, and Gicelle Pajon
of the City of Miarli 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 perntiitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instntment to be signed and their corporate seals to be hereto affixed, this
day of September 2007
Farmington Casualty Compatty
Fidelity and Guaranty hucurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
25th
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
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State of Connecticut
City of Hartford ss.
By:
Georg Thompson, enior ice President
On this the 25th day of September 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 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 Guazanty 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. ~
~C•T~
My Commission expires the 30th day of June, 2011. ~'OI/BUG~*
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58440-5-07 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY
Marie C. Teveault, Notary Public
INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDF_R ~~
This Power of Attoi ney is ;ranted under and by the autho~itc of the followm~ resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guu'anty Insmanc'e Company Fidelity and Guaranty Insurance L!nderwriters Inc.. Seaboard Surely Company, St. Paul Fire and Marine Insurance Company,
St. Pau] Guardum Insurance Comp my, $~. Paul ~~Iercury Insurance Company, Travelers Casualty and Sweh' Company, Travelers Casualty and Surety Company of
America, and United States Fideliq and Guaranty Company. which resolutions are now' in full torte and effect, reading as follows:
RESOLVEll, that the Ch unman. the President any Vice Chairman, any Executive Vice President, any Senior Vicc President any Vice President, any Second Vice
President the Treasurer, any assistant Trcaswcr, the Corporate Secretuy or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Compan} and may ~~-~e such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and scat with the
Company s seal bonds, reeognizances. amiracts o1~ indemnity, and other ~~rrtuigs obht,auxy in the nature of a bond, recognisance. or conditional undertaking, and any
of said officers or the Board of Direuors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHF,R 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 forefoing 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 Seuetars: and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertakins
shall he ~ tld and binding upon the Company when (a) sr mcd by the President, an}' Vice Chau'man, any Executive Vice President, any Senior Vice President or any Vicc
President any Second Ulel President, the'1'retswer, any Assistant Ircasmer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Compan} s seal by a Secret u v or Assistant Secretary; or (h) duly e.xuuted (under seal, if reyuired) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her eutificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FUR1'HF;R RESOLVED, that die si~_n.~ture of each of the Iollo~~mg o1'ticers: President any Executive Vice President, an}' Senior Vice President, any Vice President
m~ Assistant Vice President any Secr etary. am assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate
elating thereto uppointin~ Resident Vicc Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and
undertakings and other wr dings ohlr >akny in the nature thereof, and any such power of attorney or ccrtrfrcate healing such facsimile signature or facsimile seal shall be
valid and binding upon the Compan}' 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 hood or understanding to which it rs attached.
1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwrters. Lac Seaboard Surety Compan.. SL Paul Fue and Marine Insurance Company, SL Paul Guardian [nsurance Company, St Paul Mercury Insurance
Company, Tra~elus Casualty rod Surety Comp inv. Traveless Casualty and SurEa Company ofAmerica, and United States Fidelity and Guaranty Company do hereby
certify that the above and fore =Ding is a true and correct copy of the Power of f~ttorney executed by said Companies, which is in full force and effect and has not been
revoked.
[N TE5TI1~'IONY WHN:R1sOF, 1 have hereunto set my hand and affixed the scats of said Companies this day of
20
Kori M. Johansc Assistant Secretary
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To verify the authenticity of this Power of Attorney, call I-800-~21-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-(n-Fact number. the
above-named individuals and the details of the bond to which the power is attached.
IS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER