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HomeMy WebLinkAboutForm of Payment BondBOND NO. 105188849 FORM OF PAYMENT BOND (Page 1 of 2) SHORELINE FOUNDATION, INC., 2781 S. K 56 AVENUE, BY THIS BOND, We PEMBROKE PARK, FL 33023. TEL NO, {954) 985-0460 as Principal, TRAVELERS CASUALTY ANO SURETY COMPANY OF AMERICA, 2420 LAKEMOUNT AVENUE, 4TH hereinafter called Contractor, andFLDDR,ORLANDO,FL7R1q.TELNO.(407)3883M , as Surety, are bound 4 VY. ND AVENUE 8TH FLOOR, (✓IAMI, FL.3 130 TELN0, (305) 416-1280 to the City of Miami, lsonda, as Oligee, hereinafter called City, In the amount of ONE MILLION, EIGHTY-FIVE THOUSAND, FIVE 1,QS5,5OO.00 A HUNDRED AND N01100 Dollars ($ ) 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., awarded the 25th day of February 20 09, 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 "Contrac-LI'; MIAMARINA EMERGENCY REPAIRS PIER NO. 5, B-303251DINNERKEY MARINA PIER NO. 3 B -60474A 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: 21, 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. 2A. 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. 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 23RD day of JANUARY '2009 Contractcr ATTES SHORELINE FOUNDATION, INC. (Name. of Corporation) By: (Secretary) ( ignatur (Corporate Sea[) (Print Name and Title) Z3-4day of 20 . TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA N T R NCE OF: INSURANCE COMPANY: By: (� J D. w, MATSOh Agent and Attorney -in -Fact Address: 2420 LAKEMOUNTAVENUE, 4TH FLOOR (Street) ORLANDO, FL 32814. (City/State/Zip Code) Telephone No.: (407) 388-3263