HomeMy WebLinkAboutForm of Performance Bond00710. FORM OF PERFORMANCE BOP (Page 1of 2) Bond No. 06-7363
BY THIS BOND, • We Miguel Lopez Jr., Inc. , as Principal,
hereinafter called Contractor, and First Sealord Surety, Inc. , as Surety, are bound
to the City of Mlaml, Florida, as Obligee, hereinafter called City, in the amount of
Ninety Six Thousand One Hundred
forty Six and no/100-------- Dollars.($96,146.00 ) 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: 05-06-117, awarded the 22nd day of November , 20 06 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, anetor the
purposes of this Bond are hereafter referred toss the "Contract";
THE CONDITION OF THIS BOND Is that if Contractor,
1, Performs the Contract between Contractor and City for construction of
Orange Bowl ADA Parking Lot Repairs, B-30521 , 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 Clty 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 shalt be, and declared by City to be, in default under the Contract,
City having performed Clty obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
.4.1. Complete the Protect In accordance with the terms and conditions of the
Contract Documents; or
Orange Bowl Parking Lot Repairs ADA, B-30521 Bid No.; 05-06-] 17
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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 Clty elects, upon determination by Clty
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 leas the balance of the Contract Price; but not
exceeding, including other coats 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---- —
erriount 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 Clty 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 Board.
Signed and sealed this 51h day of December , 2006
WITNESSES: g-p✓emvpv Lop& •• — •
Secretary
(CORPORATE SEAL)
IN TH PPtESEE OF:
By:
Miguel Lopez Jr., Inc.
(Name of Corporation)
Ord wet layV2. 7L-
(Print Name and Title)
INSURANCE COMPANY:
First fiord Surety,,, c,
By:
ant an Attorney -in -Fact
1— its
Address: 9800 N 41st Street, Suite 300
(Street)
Miami, FL 33178
Ripr'S � T
(City/Stale/Zip Code)
Telephone No.: 3054911990
Orange Bowl Parking Lot Rapers —ADA, B-30521 Bid No.: 05-06-117
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00720. FORM OF PAYMENT BOND (Page 1of 2) Bond No. 05-7363
BY THIS BOND, We Miguel Lopez Jr., Inc. , as Principal,
hereinafter called Contractor, and First•Sealord Surety, Inc. , as Surety, are bound
lInely atl.hstisilsttheFglaer Obligee, hereinafter called City,. in the amount of
Forty Six and no11Q0------------------ Dollars ($96.148.00 ) 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, aid/Contract
No. 05-06.117, awarded the 22nd day of November , 2006 , 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 1f Contractor:
1. Pays City all lasses, liquidated damages, expenses, costs and attorney's fees Including
appellate proceedinga, 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 Conirsctor and who has
not received payment for lie labor, materials, or supplies shall, within forty -flue
(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) clays 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
tabor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or Implies 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.
Orange Bowl Parking Lot Repairs —ADA, B-30521 Bid No.: 05-06-117
Page 54
00720, FORM Of ?AYMgNT 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 bth day of December
By:
(Corporate Seal)
It; THE PF ESENCE OF:
By:
,2008
Contractor
Miguel Lopez Jr., Inc.
l�'Il6 ii�2 4,06 2- �/LGS/GddA
(Print Name and Title)
5th dole of December 200_.
INSURANCE COMPANY:
Flfst'Sealord Survt ,.Inc.
and arney-In Fact
Address: 9800 NW 41st Street, Suite 300
(Street)
Miami, FL 33178
(City/State/Zip Code)
Telephone No,: 305-581-0090
Orange Bowl Parking Lot Repairs—ADA, B-30521 Bid No.: 05-06-117
Page 55
00721. CERTIFICATE 9S TO.CORPORAttE INQIPAL
I, Eduardo Lopez , certify that 1 am the Secretary of
the corporation named es Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond); that, Miguel Lopez Jr., Inc, , who signed the
Bonds) on behalf of the Principal, was then President of said corporation; that I know
his/her signature; and his/her signature thereto Is genuine; and that said Bond(s) was (were)
duly signed, sealed and attested to an behalf of said corporation by authority of its governing
body,
• Secretary (on behalf of) (SEAL)
*4 u01- LQ'z- U11--, 741(
Corporation
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE, )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared Miguel Lopez Jr., Inc. to me well known, who being by me
first duly sworn upon oath says that rye/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 this 5th day of December
My co
My commission expires:
Notary Public, State of Florida at Large
Bonded by
Orange Bowl Parking Lot Aepalra-ADA, B-30521 Bid No.: 03-06-I 17
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