Exhibit 7 Payment BondExhibit 7
Payment Bond
00720 FORM OF PAYMENT BOND Bond No. 21 BCSE14683
BY THIS BOND, We Acosta Tractors, Inc., as Principal, hereinafter called
CONTRACTOR, and Hartford Fire Insurance Companv as Surety, are bound to the CITY
of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of an initial
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.: ITB 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 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.
2.3. 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 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 S+ day of ultob 1', 20 C27
WITNESSES:
Acosta Tractors. Inc.
Name of Corporatio
By
Rio/pc/be-417
(Signature d Title)
i-aj i v rs-Fu Presider) "?-
(Type Name/Title Signed Above)
INSURANCE COMPANY
Ha for. Fir- I u - 'ce Compa/,irm.
;:\`' ;„V. C a
By V VL; aiTV °".
gent and Attorney -in -Fact
ichael Bonet ` 0 `"
IY
400 International Parkwaf".Ste. 425
(Address: Street)?,.`•;'• "•�'•'
Heathrow. FL 32746 a,t
(City/State/Zip)
Telephone No.:800-824-1732
00721 ,CERTIFICAT,E AS TO CORPORATE PRINCIPAL
1, �• Q( grQ AC03-1-00 , 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 IX A03.540 , who
signed the Bond(s) on behalf of the Principal, was thenl 7eStcietitf said corporation; that 1
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.
u 141// (Seal) (Seal) as Secretary of
(Name of Corporation) .,`mak :'t ..
STATE OF FLORIDA ) 7
"" ;a.
tom;
) SS �,> ye 'tit-- to e—. Q:
COUNTY OF MIAMI-DADE ) ? g: P?
€S®fid.,;`
Before me, a Notary Public duly commissioned, qualified and acting personally,v,appeared
Michael Bonet 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
My commission expires:
October 10. 2007
51007
'1i iary Public, State of
lorida at Large
Bonded
by Western Surety Company
Official Seal
CARMEN E. PILLOT
Notary Public, State of Florida
My Comm. Expires October 10, 2007
No D0 236838
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS THAT:
x
X
X
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
Agency Code: 21-2 2043 8
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies') do hereby make, constitute and appoint,
up to the amount of unlimited:
F. 8eny Hayley, David Aaron French, Robert P. Hollander, Antonio Arias, Nancye Ellen Batista, Michael A. Bonet
of
Miami Lakes, FL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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 permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
Paul A Bergenholtz, Assistant Secretary
STATE OF CONNECTICUT
SS.
COUNTY OF HARTFORD
Hartford
David T Akers, Assistant Vice President
On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument, that he knows the seals of the said corporations, that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority
I, the undersigned, Assistant Vice President of the Comthzit
copy of the Power of Attorney executed by said Companies,alflicitl�
Signed and sealed at the City of Hartford. , ;x.''44 •
?
CERTIFICATE
Aar' /L.4._
Scots E Paseka
Notary Public
My Commission Expires October 31, 2007
160'44 REBY CERTIFY that the above and foregoing is a true and correct
id.fl$!6t9e effective as of
1/40G<
Gary W Stumper, Assistant Vice President