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HomeMy WebLinkAboutPayment BondBOND NO. 21BCSFC9772 FORM OF PAYMENT BOND (Page 1of 2) BY THIS BOND, We HORIZON ORCDONTARAI(I'ATin2Ryq , as Principal, hereinafter called Contractor, and TNSDRI�NCECLas Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City in the amount of One ML11ion Semty Nine Mvisand Dollars ($1 079,/�/a8.00 ,c r the payment whereof Four 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. 07-08-012 . awarded the day of 120— , 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 attorney's 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 longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. Thq pfflvbions and Iftations of Section 255.05 or 713.23, Florida Statutes whichever is 6#00" 1a Ow cordw, are incorporated ,in ft. bond by ivibm s. FORM OF PAYMENT BOND (Page 2 of 2) 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 18th day of July , 20_QL_. Contractor ATTEST: HORIZON .QQ. (Nametion 3 By: f ( cretary) ( ature) V JOSP M. Snnrha7 president (Corporate Seal) (Print Name and Title) 18 tbay of July 20--Q 8. IN THE PRESENCE OF: INSURANCE COMPANY: i� HARTF QTY INSURANCE CO. —r--- By: Agent and Atto ey-in-Fact & Fla Res Agent ! Ramon riguez Address: 4040 Vicenness (Street) Indianapolis, IN 46268 (City/State/Zip Code) Telephone No.: 860-547-4497