Exhibit 6 Performance BondExhibit 6
Performance Bond
00710 ' FORM OF PERFORN9ANCE BON®
BY THIS BOND, We 13DI CONSTRUCTION COMPANY
Tfl A ~'TT T?
Principal, hereinafter called CONTRACTOR, and
13CI`ID N0. 10x471462
as
S~UALTnQ & SURETY 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 VERTICAL
CITYWIDE 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, ITB
No.: ~5-Dh~n7 ,awarded the day of , 20
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 lTB 35-06/07 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 attorneys 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.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, 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 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.
4. No right of action shall accrue on this bond to ,or for the use of any person or
corporation other than CITY named herein.
5. 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 28th day of September , 20 07
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 28th day of SPntPm}~r , 207
WITNESSES:
Ina R~~~Yr1et`~~'cr ary
r'
(CORPORATE SE )
IN Tl'~HJE PRESENCE OF:),~
v/\
BDI CONSTRUCTION CO.
Name(ofi Corporation)
By ~ ~ ~~
(Sianature and Title)
Teobaldo Rose11, Jr., President
(Type Name/Title Signed Above)
INSURANCE COMPANY
TRAVELERS CASU TY & SUR CO ANY OF AMERICA
Agent and Attorney-in-Fact & Fla Res Agent
Fausto Alvarez
.One Tower Square _
(Address: Street)
Hartford, CT 06183 _`
(City/State/Zip)
Telephone No.: 860-277-15C,i