Exhibit 7 Payment BondExhibit 7
Payment Bond
Bond No. SU1013341
a072Q FORM O~ PAYMENT BOND
Metro Express, Inc. aS•
BY THIS BOND, We
Arch Insurance Company aS
Principal, hereinafter called CONTRACTOR, and
Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, herei NTAL ROW
000) for HOR1Z0
CITY, in the amount of an initial One Million Dollars ($1,000,
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,
20 ,with
BidlContract No.: 36-06/07 ,awarded the day of _
CITY which Contract Documents are by reference incorporated herein and made a part
hereof, and spec~cally 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 make ter als and su allies sedtdirectlyforendbrectly by CONTRACTOR in
for all labor, ma pP
the performance of the Contract;
THEN CONTRACFORCE AND EFFIECT SUBJECTI HOWEVER, TO THIE FOLLOWING
REMAIN IN FULL
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-flue (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 ofi the performance of the labor or delivery of the materials or
supplies and of the nonpayment.
2.3. No NT'RACTOR eorab#he Surertylsunless pthle snotaces estated tunderafthe
CO
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Native 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 nantt~~ th{e Surety's obl gat orn unrder th snBond.d with the
Contract or the changes does not
Signed and sealed this day of _ ~ Zg.
WITNESSES:
Metro Express, Inc.
Name Corporation)
By ~ ~ ~'~~
(Secretary) (Signature and Title)
(CORPORATE SEAL} ~,~ ~ ~~~ io~c.,S
(Type Name/Title Signed Above)
iNS A NY
Arch , a pan~~
By
gent and Attorney-in-Fact
M chael Bonet
2701 N. Rocky Point Drive, Ste. 980
(Address: Street}
Tam a, FL 33607
(City/State/Zip)
Telephone No.: 813-371-3314
40721 RTtFtCATE AS TO CORPORA~"E PRiNCip,AL
1, A, ~cos~ b 4/'c certify that I am the
I,
Secretary of the corporation named as Principal in the foregoing Performance and
1,~~;"eJ who
Payment Bond (Performance Bond and Payment Bond}n; tha
signed the Bond(s) on behaff of the Principal, was therf'~ f ~fi said corporation; that I
know his/her signature; and his/f~er 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.
~~,,, ~~ I as Secretary of
/~S~ Z~
(Name of Corporati n)
(SEAL)
STATP OF FLORIDA ) SS
COUNTY OF MIAMI-faADE. )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
Michael Bonet 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
Subscribed and Sworn to before me
IUIy commission expires:
October 10, 2007
3rd da ctobe~r ,20 0
' ~
N ary Publi ,State of
lorida at Large
Bonded
by Western Suret Compan
Official Seal
~f~;~''*~ CARMEN E. PILLO
+: • Notary Public, State of Florida
a~ My Comm. Expires October 10, 2007
'pq~„.o•' No. DD 236838
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri {hereinafter referred to as the "Company") does hereby appoint
Michael A. Bonet of Miami Lakes, FL
its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the da#e of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and al! bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, seated and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seat of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
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In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 6th day of February , 2006
Attested and Certified
y~rance C
~c o
CORPORATE 34
SrAE ~
r~ inn E•
``Martin J. Nilsen, Secretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Arch Insurance Company
~'~~/
r)'" ---
dward M. Titus, ce President
t Peter J. Ca11eo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free an voluntary act of said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J. CALLED, ESQ, , '~
Notary Public, State of New Yartc Peter J. Cal ,Notary Pu tic
No. 02CA6108338 My commissi n expires 5-03-2008
CERTIFICATION D~'=fified in New York County
Commission Expires May 3, 2008
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance
Company on this day of , 20 ~ r'
~~
./
Martin J.~1~liisen, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THES BOND TO THE FOLLOWING ADDRESS:
Arch Surety
3 Parkway, Suite 1500
Philadelphia, PA 19102
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