5-PERFORMANCE BOND ( and Affidavit).pdf

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SAVANNAH AIRPORT COMMISSION

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that _______________________________, as Principal, hereinafter called Contractor, and ______________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto the Mayor and Aldermen of the City of Savannah, Georgia, and the Savannah Airport Commission as Obligee, hereinafter called Owner, in the amount of ___________________________________________________ dollars (USD $____________________________ ) for the payment of which Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated _____________________, ______, entered into a Contract with Owner to provide services for Refresh Concourse “A” Doors (RFP 2025-0036) at Savannah/Hilton Head International Airport in accordance with all of the Contract Documents consisting of the Plans and Specifications, and all addenda or other revisions prepared by the Savannah Airport Commission which Contract is by reference made a part hereof and is hereinafter referred to as the Contract.

NOW, THEREFORE, the condition of the above obligation is such that if the said Contractor shall well and faithfully perform the things agreed by him to be done and performed according to the terms of said Contract, and shall promptly make payments to all persons supplying labor, material, and supplies used directly or indirectly by the said Contractor, or subcontractor(s), in the prosecution of the work provided for in said Contract, we agreeing and assenting that this undertaking shall be for the benefit of any subcontractor, material men, or laborer having a just claim, as well as for the Obligee herein, then this obligation shall be void, otherwise, the same shall remain in full force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated.

The said Surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of said Contract or on or to the plans and specifications therefor shall in any way affect the obligation of said Surety or its Bond.

The said Surety further stipulates and agrees that in the event of a default or deficiency on the part of the Contractor amounting to a breach of the Contract, the Owner may, by giving notice by registered mail to Contractor and Surety, require that such default or deficiencies be remedied within ten (10) days from the date of such notice. Failure so to remedy or to take proper steps to remedy such defaults or deficiencies within said period shall be cause for the Owner to require that Surety take over and prosecute the work under the Contract and to take over all obligations pertaining thereto. In the event the work under the Contract is taken over by the Surety in a manner satisfactory to the Owner, the Owner will pay to the Surety henceforth all amounts due and to become due under the Contract, including amendments, less the balance of the Contract price previously paid to the Contractor and less liquidated damages, if assessed. The Owner shall not be liable for any monies not due on the Contract and shall not be made a party to any dispute between Contractor and Surety.

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If the Surety does not take over the work in a satisfactory manner within ten (10) days after the notice of default or does not proceed with completing the work in accordance with the Contract, the Owner shall have full power and authority, without impairing the obligation of the Contract or the Contract Bond, to take over the completion of the work; to appropriate or use any or all material and equipment that may be suitable; to enter into agreements and provisions thereof; or to use such other methods as may be required for completion of the Contract. The Contractor and his Surety shall be liable for all costs incurred by the Owner in completing the work and for all liquidated damages in conformity with the terms of the Contract. If the sum of such liquidated damages and the expense so incurred by the Owner is less than the sum which would have been payable under this Contract if it had been completed by the Contractor or his Surety, the Contractor or his Surety shall be entitled to receive the difference; and if the sum of such expense and such liquidated damages exceeds the sum which would have been payable under the Contract, the Contractor and his Surety shall be liable and shall pay to the Owner the amount of such excess.

Notice to the Contractor shall be deemed to have been served when delivered to the man in charge of any office used by the Contractor, his representative at or near the work, or by registered mail addressed to the Contractor at his last known place of business.

The said Surety further stipulates and agrees that this bond is also given and made as a guarantee insuring the Owner against loss resulting from costs of repairing, replacing, or reconstructing any portion of the work performed or equipment furnished under the Contract, because of failure to perform as specified or from being defective in any manner whatsoever. This bond shall remain in full force and effect for a period of one year after the date of written recommendation and of acceptance by the Owner.

The said Surety shall inform the Owner thirty (30) days prior to expiration of this bond, by giving notice by registered mail.

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Signed and sealed this __________ day of _______________________, ____________.

Contractor must indicate whether Corporation: □ Partnership: □ Corporation, Partnership, Company or Individual Company: □ Individual: □

The person signing shall, in his own handwriting, sign the principal's name, his own BY: _____________________________________ name and his title. Where a Name (Signature) person signing for a corporation is other than the President or _____________________________________ Vice President, he must, by Name (Print/Type) affidavit as contained herein, show his authority to bind the TITLE: _____________________________________ corporation.

(Affix Contractor’s Corporate Seal)

ATTEST BY: _____________________________________

Name (Signature)

Name (Print/Type)

TITLE: _____________________________________

(Affix Surety's Corporate Seal) Surety

BY: ______________________________________

Name (Signature)

Name (Print/Type)

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SAVANNAH AIRPORT COMMISSION

BOND AFFIDAVIT

State of ______________________________

County of ______________________________

Before me, the undersigned authority, personally appeared __________________________, who, being duly sworn, deposes and says that he is a duly authorized insurance agent, properly licensed under the laws of the State of ________________________ and the State of Georgia, to represent ___________________________________ (company name), a company authorized to make corporate surety bonds under the laws of the State of Georgia.

Said ______________________________ further certifies that as Attorney-in-fact for the said ______________________________ he has signed the attached bond in the sum of __________________________________________________________________ Dollars/Cents (USD $__________________________) on behalf of ___________________________________ covering Savannah/Hilton Head International Airport, to provide services for Rehabilitation of Metal Roofing Hangars (RFP 2025-0032), the Savannah Airport Commission, Savannah, Georgia.

Said _______________________________ further certifies that the premium on the said bond is _____________________________________which will be paid in full direct to him as Attorney-in-fact, and included in his regular accounts to the said ________________________________________, and that he will receive his regular commission of (_______%) percent as Attorney-in-fact for the execution of said Bond and that his commission will not be divided with anyone except as follows: _________ percent to ______________________________ (company name), who is duly authorized resident insurance agent and properly licensed under the laws of the State of Georgia.

Agent and Attorney-in-fact Signature

License Number

Acknowledgement for Attorney-in-fact

Sworn to and subscribed before me this ____ day of _____________________, ___________.

Notary Public, _________________________________

(Notary Seal) State of, ______________________________________

My Commission expires _________________________