Loading...
HomeMy WebLinkAboutPayment and Performance Bond - Fully executed.Bond #11-00100 City of Tamarac XNEUMMOM Purchasing and Contracts Division FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, The BG Group LLC as Principal, hereinafter called CONTRACTOR, and, First Sealord surety Inc as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Ninety six Thousand One Hundred Eighty Five Dollars ($ *96,185.00* ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONT CTORJ as entered into a Contract, Bid/Contract/Project No.: 11_-04B awarded the ay of , 20[[, with OWNER for Tamarac Temple Demolition 101-9115 NW 5th Street, Tamarac which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his 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 the CONTRACTOR and who has not received payment for his labor, material; or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his 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 the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. 65 City of Tamarac Purchasing and Contracts Division 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. 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 do not affect the Surety's obligation under this Bond. Signed and sealed this 13 day of January 20 11 WITNE SES The BG Groin LLC Secre Principal w �V UN0A0 -o WITNESSES Secretary (AFFIX SEAL) IN THE PRES,f,NCE OF: By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above INSURANCEINSURARCE COMPANY: Firs Se re�Ly Inc. By A ttorney-in-Fact 3250 N. 28th Avenue Address Hollywood, Fla. 33020 City/State/Zip Code 954-416-9592 Telephone 66 Ci d Tamarac EnLwft and Conhwb AAWan FORM PAYMENT BOND State of County of P - On this the �_ day of . E&g _ _ . 20l , before me, the undersigned Note Public of the State of Florida, the foregoing instrument was acknowledged by. Iy. �b N • oN��, (Name of Corporate Officer) (Tile) (Name of Corporation) a (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE. KRYSTALCOURCHENE My COMMISSION N EE DOM EXPIRES: ootober 12, 2014 Bonded flw Notary Pubk U*Mr lem NOTARY PUIBL�IC, STAT F (Name of Notary Public Print Stamp, or Type as Commissioned) Personally known to me, or d7 Produced Identification; (Type of Identification Produced) 0 DID take an oath, or 17 DID NOT take an oath CERTIFICATE AS TO PRINCIPAL 1, &GeaO�4� cwtify that I am the Secretary of the Corporation named as Principal In the foregoing Payment Bond; that v7t? ., who signed the Bond on behalf of the principal, was then -rO Corporation; that I kno hlslher signature, and hislher signature thereto is genuine; and that said Bond , sealed and attested to on behalf of said Corporation by authority of i i---F-�� � (AFFIX SEA I _ t ! - LU 2003 (Name of Corporation) 7 r� 67 Bond #11-00100 City of Tamarac Purchasing and Contracts Division FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, The BG Grou LLC , as Principal, hereinafter called CONTRACTOR, and, First Sealord Surety Inc. as Surety, are bound to the Ciity a Tamras, Fulorida, as Obligee, hereinafter called OWNER, in the amount of ine y ix out,ty F; Mars *96 185.00 line . �P.C7., ,F,a,c�_� , ($ � for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR �a entered into a Contract, Bid/Contract/Project No.: 11-04B awarded the -7 day of /�' 2Vlwith OWNER for Tamarac Temple Demolition 9101-9115 NW 5th street, Tamarac which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated tba , 20.,, for the Demolition of Tamarac Temple within _ calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. 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. 4.1 Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.2 Complete the Contract in accordance with its terms and conditions; or 68 of Tamarac Purchasing and Contracts Division 4.3 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, 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 OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. 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 do not affect Surety's obligation under this Bond. Signed and sealed this13t1day of J L/(AFF1 r moo\ S� IwoW 2003 D '/ WITNESSES Secretary (AFFIX SEAL) 2011 The BG Group C Princi al By V (7RAaiN 1 Signat re and Title Type. Name and Title signed above Surety By Signature and Title Type Name and Title signed above M City of Tamarac IN THE PRESENCE OF: Purchasing and Contracts Division INSURAN C PANY: First Se Inc, By Age Attorney -In -Fact A. Hadi Farid. 3250 N. 29th Avenue Address Hollywood, Fla. 33020 City/State/Zip Code 954--416-9592 Telephone cly Of Tamarac Rwhssfng and Contr is oivhsbn /x'Kf: i:1'i' �-qlyb FORM PERFORMANCE BOND State of County of A�M � On this Wnday of. 20 (, before me, the undersigned Notary Public of the State of Florida, the form going instruent was acknowledged by: (Name of Corporate Officer) C� L'L , a (Name of Corporation) corporation, on behalf of the corporation WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: , 111 XWOTAL 61Y commalcm # st MM PO U to's N 5did Thro Na Y . .. +� .. (Tiae) (State of Corporation) NOTARY PUBLIC, ATE OF s c-Qf� (Name of Notary Public: Print, Stamp, or Type as Commissioned) LPersonally known to me, or LI Produced identification: (Type of Identification Produced) © DID take an oath, or © DID NOT take an oath 71 C! Tamarac Purchasi and ConVBCts DIVW n CERTIFICATE AS TO PRINCIPAL certify that I am the Secrets of the Corporation named as Principal in the foregoing Performance Bond; that �y dtry who signed the Bond on behalf of the Principal, was then . M of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body, (AFFIX SEAL) —1-� f�G GN<>-UL-T LUZ, (Name of Corporation) 72 u nazur� ,zvuvw�: 1� �� f + ► Ni Any appolr rngnt an,s ilEbuthc�ty o � d fi i► t Seatarcl #y lr llasea�l �h"$e dAy �•�iY�1, 20(13. r' Orom; 16000 ereu % tot my lY nd aPEd tl f r4ry 1]