HomeMy WebLinkAboutPerformance Payment BondThis is the front page of the performance/payment bond issued in compliance with Florida
Statute Chapter 255.05
Surety Name: ARCH INSURANCE COMPANY
2701 N. ROCKY POINT DR STE 980
TAMPA, FL, 33607
813-371-3314
Bond Number:
Contractor Name:
SU1013344
METRO EXPRESS INC
8095 W 21 ST LANE
HIALEAH, FL, 33016
786-515-5500
Owner Name: THE CITY OF MIAMI
444 SW 2ND AVENUE, 8Tx FLOOR
MIAMI, FL 33130
305-416-1910
Project Number: B-50703
Project Description: FAIRLAWN STORM IMPROVEMENTS PHASE IIB
Project Address: THE CITY OF MIAMI, MIAMI DADE COUNTY, FL
Legal Description of Property: FAIRLAWN STORM IMPROVEMENTS PHASE IIB
This is the front page of the bond. All other pages are subsequent regardless of the
pre-printed numbers.
00710. FORM OF PERFORMANCE BOND (Page 1 of 2)
Bond No. SU1013344
BY THIS BOND, We Metro Express, Inc. , as Principal,
hereinafter called Contractor, and Arch Insurance Company as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
One Million Eight Hundred Eighty Six Thousand
Six Hundred One and 20/100 Dollars ($1, 886, 601. $qor the payment whereof Contractor
and Surety bind thernselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No: 06-07-012, 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. Performs the Contract between Contractor and City for construction of
Fairlawn Storm Sewer Improvements P�3 IIB
ATP the Contract being made a
re ea-�--PI $--
part of this Bond by re erencd at thee times and n 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 thereunder, 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
FlagamiNVest End Phase 11 and Fairlawn Phase 1113 Sewer Improvements Bid No.: 06-07-012
00710. 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 day of 120
WITNESSES: Metro Express, Inc.
(Name of Corporation)
Secretary By: (/ -
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
PRESENCE OF: INSURANCE COMPANY: Arch Insurance Company
FL Resident Aent and Attorney -in -Fact
Mi hael Bonet .
Address: 2701 N. Rocky Point Drive, Ste. 680
(Street)
Tampa, FL 33607
(City/State/Zip Code)
Telephone No.: 813-371-3314
Flagami/West End Phase 11 and Fairlawn Phase IIB Sewer improvements Bid No.: 06-07-012
00720. FORM OF PAYMENT BOND (Page 1 of 2)
Bond No. SU1013344
BY THIS BOND, Ude Metro Express, Inc.
as Principal,
hereinafter called Contractor, and Arch Insurance Company , as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
One Million Eight Hundred Eighty Six Thousand 20) for the payment whereof
Six Hundred One and 20/100 Dollars $ 1,886,601.
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. 06-07-012, 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. 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.
Flagami/West End Phase 11 and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
00720. 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 day of 120.
ATTEST:
(Secretary)
(Corporate Seal)
IN THE PRESENCE.OF:
Contractor
Metro Express, Inc.
(Name of Corporation)
(Signature)
i t t -/--) i ( r.4. SD �-, ,- G .) . 1' J lJ
(Print Name and Title)
day of , 20
I CE PANY: Arch Insurance Company
By:
FL Resident Agent and Attorney -in -Fact
Michael Bonet
Address: 2701 N. Rocky Point Drive, Ste. 680
(Street)
Tampa, FL 33607
(City/State/Zip Code)
Telephone No.: 813-371-3314
Flagami/West End Phase 11 and Fairlawn Phase 1113 Sewer Improvements Bid No.: 06-07-012