Envirowaste Services Group - Exhibit 6 Performance Bond EXHIBIT 6
PERFORMANCE BOND
issued in Duplicate
U
Project Manual Form of Performance -Bond
Bond No. 08143811
00914 FORM OF PERFORMANCE BOND.,
BY THIS BOND, We Envirowaste Services Group, Inc: as
Principal, hereinafter called CONTRACTOR, and Fidelity and Deposit Company of Maryland as
Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY,
in the amount of an initial One Million Dollars ($1,000;000) for Streetscape Utilities, 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..inta- a. Contract, ITB
No.: 37- 09/10 ; awarded the 27th day of October , 20 10 ,
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 .Job
Order Contract - ITB 37 -09 /10 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, cost s and attorneys fees
including appellate proceedings, that CITY sust ains as a result of default by
CONTRACTOR under the Contract; and
3. Performs the guarantee of all work and materials furnished under the
Cont ract for the time specified in the Contract; t hen , THIS BOND IS VOID,
OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default
under the Contract, CITY having performed CITY obligations t hereunder, the
Surety may promptly remedy the default, or. shall promptly
3.1. . Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain .a bid or bids for completing the Project in accordance with 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
July 2010 City of Miami Beach- Page 1 of 185
Project: Manual Form of Performance Bond
of defaults under the Contract or Contracts of completion arranged under
this paragraph} suffic funds to pay the cost of completion less the
balance of the Job-Order Amount; but not exceeding, including 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 Job Order
Amount," 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 pro perly 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 t hat 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 24th d of November 20 10
WITNESSES:
Envirowaste Services Group, Inc.
x Name of Corporation)
IQ
.
-
. ,
`� (S retary) (gn ture and Title} -
{ - ( - 'ORPORATE SEAL}
{Type Name/Title Signed Above}
2 day of ocxr , 20
Fidelity and- Deposit Company of Maryland
IN THE PRESENCE OF: INSURANCE COMPANY
Y _
Sharon Daugherty Agent and Attorney - -Fact
Carol H. Hermes
Contract Surety Bond Claims
c1n 7ur 140n AmPriran I ane.
(Address: Street)
Pe ggy � . VV n -
Schaumbu IL.60
C/O WILLIS OF FLORIDA
3000 BAYPORT DRIVE, #3W (City /State /Zip)
TAMPA, FL 33607
INQUIRIES; (813) 284 - 2035
Telephone No.: 813- 354 - 2232
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Project Manual Form of Performance Bond .
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