HomeMy WebLinkAboutNielson, Alter & AssociatesNielson, Alter & Associates Inc.
Bead Department
Public Works Bond
In compliance with Florida Statutes 255.05(1)(a)
Bond No. SU1038859
Contractor
Tran Construction, Inc.
Address
1000 N.W. 54th Street
Miami, FL 33127
Phone No.
(305) 756-7756
Surety Company
Arch Insurance Company
Address
One Liberty Plaza, 53`d Floor
New York, NY 10006
Phone No.
(212) 651-6500
Owner Name
The City of Miami
Address
444 S.W. 2"d Avenue, 8th Floor
Miami, FL 33130
Phone No.
(305) 416-1280
Contract/Project No.
B-30566
Project Name Mel reese Clubhouse and
Restaurant
Project Location Miami, FL
Legal Description
And Street Address Miami, Florida
Description of Work Construction
Front Page
All other bond page(s) are deemed subsequent to this page regardless
of any page number(s) that may be preprinted thereon.
Bond No. SU1038859
FORM OF PERFORMANCE &OND (Page 1 o 2)
BY THIS BOND, We TRAN CONSTRUCTION, INC. , as Princlpal,
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
Four Million Twenty Eight Thousand Three
Hundred Sixty Two Atrd 80/100"Dollars ($4,028,362.$ 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: 07-08-017, awarded the 27th day of August , 20 08, 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
Melreese Clubhouse and Restaurant - B-30566 , 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 speed 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
99
Melreese Clubhouse and Restaurant Bid No.: 07-08-017
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 29th day of August , 2008
WITNESSES:
Sea
(CORPORATE SEAL)
IN T E PRESENCE OF'
.4
By:
Air% r LpG/�Gl• 6�7�
(PrintlVerne and Title)
INSURANC COMPANY:
Arch I surance Company
By:
and Attom -in-Fact
Warren M. Alter
Address: One Liberty Plaza, 53rd Floor
(Street)
New York, NY 10006
(City/State/Zip Code)
Telephone No.: (212)651-6500
100
Melreese Clubhouse and Restaurant Bid No.: 07-08-017