Exhibit 6 Performance BondExhibit 6
Performance Bond
~~~~~
00710 FORM OF PERFORMANCE BOND Bond No. 21 BCSE14684
BY THIS BOND, We Envirowaste Services Group, Inc., as Principal, hereinafter
called CONTRACTOR, and Hartford Fire Insurance Company 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 ($1,000,000.00) HORIZONTAL ROW 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.: 36-06107, 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 ITB36-06/07the 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 day of , 20
WITNESSES:
(Secretary)
(COi~PORATE SEAL)
Envirowaste Services Group, Inc.
Name of orporatio )
B a/ 1
(Sigi at e a d Title) ~j~~Si cjJY
(Type Name/Title Signed Above)
day of , 20
INSURANCE COMPANY
nce Company
By
nt and Attorney-in-Fact
Gael Bonet
400 International Parkway, Ste. 425
(Address: Street)
Heathrow, FL 32746
(City/State/Zip)
Telephone No.:800-824-1732
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
(Secretary)
l3, ~~~Ael ~~,~,4
CONTRACTOR
~`/Idi/'y ~l/its ~e Se~v~ ceS C~'YkcL~, -7.7c
Name of Corporation
By _ r~d~~~h~
` (Signat a d i e)
Corporate Seal )
(Type Name/Title Signed Above)
day of , 20
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
(Name)
By
(Signature)
(Type Name Signed Above}
day of , 20