HomeMy WebLinkAboutForm of Payment BondBond No. SU1038859
FOR OF F PAYMENT BOEID (Page 1of 2)
BY THIS BOND, We TM CONSTRUMON, INC. , as Principal,
hereinafter called Contractor, and Atch Insurance Company , as Surety, are bound
F the fiiy of Miami, Florihda as Oblim, hereinafter called City, in the amount of
our M ion Twenty Eig t �ThousandThree
Hundred Sixty Two And 80/100** Dollars ($4:028,362.80) 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 27th day of August , 2Q_0_8, 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:
.2.9. 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.
101
Melreese Clubhouse and Restaurant Bid No.; 07-08-017
FORM OF PAYMgNI BONA (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 -739th . day of - - August , 20 08
(Corporate Seal)
IN THE PRESENCE OF:
4:—
Contractor
Tran Construction. Inc.
(Name of Corpo n)
By:
♦ Lsu�� i�G�./
(Print N me a_nd Title)
n
day of l` 20 49.
INSUR E COM AN ;
Arc nsurance C pany
By:
nt and Atto yin -Fact
Warren M. Alter
Address: One LY.berty Plaza, 53rd Floor
(Street)
New York, NY 10006
(CitytStatelZip Code)
Telephone No.: (Z12) 651-6500
102
Melreese Clubhouse and Restaurant Bid No.: 07-08-017
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, t°`� , 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 �% � �� P� who signed the Bond(s) on behalf
of the Principal, was then Gf/�Bsc of said corporationnthat I know his/her signature; and
his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attester
by authority of its governing body.
STATE OF FLORIDA )
) SS
COUNTY.OE..MIAMkDADE } __
(SEAL)
Before me, a//Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly
swom 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 thisy7 day of , 2le.
My commission expires: rr,
Notary Public, State of Florida at Large
Melreese Clubhouse and Restaurant Facility
Page 103
Bonded by I L1Ra4� PPbl� Ur n,.:►-1=k�cs'
Bid No.: 07-08-017