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HomeMy WebLinkAboutPerformance BondBOND NO. 21BCSFC9772 FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We HORIZON CONTRACTORS, INC. as Principal, HARTFORD CASUALTY hereinafter called Contractor, and INSURANCE COMPANY , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of One Million Seventy Nine Thousand Four HunrirAri Fnrf v F;g Altars ($ 1�0Z79�A�• or 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: 07-08-012 , 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.S P aas the Contract t �etwxeeen Contractor and City for construction of uTx��JctJ the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or FORM OF PERFORMANCE BOND (Page 2 of 2) 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. 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 Surety's obligation under this Bond. Signed and sealed this 18thday of July , 20_00. WITNESSES: %&Fe-tary ((CORPORATE SEAL) IN THE PRESENCE OF: HT= GJMA=, INC. (Name of orporaJion) r By: IWO (Signature) "Jose M. Saidhez, President (Print Name and Title) INSURANCE COMPANY; -,� �� • 1� r���. �M�•i,�c I' a •. Agerl,aOf.. _.. ey-in-Fact & Fla p RaTon A • ••i Address: . 4040 Vicennnes (City/State/Zip Code) Telephone No.: 860-547-4497