Payment_and_Performance_Bond_(3).docx

ATTACHMENT F

FORM OF PERFORMANCE AND PAYMENT BOND

Bond# ___________

(State OF FLORIDA)

(COUNTY OF ______________)

KNOW ALL MEN BY THESE PRESENTS:

That we, ________________________________ (hereinafter called the “Principal”), located at (Company Name) ____________________________, (___) _________________, and _____________________ (Principal Business Address) (Phone Number) (Surety Name)

(hereinafter called the “Surety”), a surety company duly qualified and authorized under the laws of the State of Florida, located at _________________________, (___) ___________________, (Surety Business Address) (Phone Number) are held and firmly bound unto the City of Tampa, Florida (hereinafter called the “City”) located at 2555 East Hanna Avenue, Tampa, Florida 33610, phone: (813) 274-8353, in the penal sum of: _________________ Dollars ($_________), for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally, for the faithful performance of a certain written contract, dated the ____ day of _____________, 20__, entered into between the Principal and the City (“Contract”) for:

Ditch Re-Grading And Restoration Maintenance Services (Sheltered Market Solicitation) BID No. ______dated ______________

NOW, THEREFORE, THE CONDITIONS of this bond are such that, if the Principal shall (i) in all respects comply with the terms and conditions of the Contract (the Contract being made a part of this bond by reference), including but not limited to the guarantee and warranty requirements, all obligations contained in the Contract Documents (as defined in the Contract) and all modifications made to the Contract as therein provided, for the original term of the Contract and any extensions which may be granted by the City, with or without notice to the Surety; and (ii) promptly make payments to all persons supplying labor, materials, or supplies used directly or indirectly in the prosecution of the work provided for in the Contract; and (iii) pay the City all losses, damages, liquidated damages, expenses, costs, and attorneys’ fees at trial and on appeal sustained by the City due to the default by Principal under the Contract; and (iv) fulfill its obligations related to the guarantee and warranty of all work and materials furnished under the Contract pursuant to the terms and conditions specified in the Contract, then this bond shall be void; otherwise, it shall remain in full force.

The Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this ___ day of ________, 20___.

(Principal Name)

By: _______________________________ (Signature)

(Print or Type Name/Title)

SEAL

ATTEST:

(Signature) (Corporate Secretary)

APPROVED AS TO FORM:

(Print Name)

SEAL

Note: A copy of a power of attorney attested by the corporate secretary of the Surety evidencing the Attorney-in-Fact named above is currently authorized to execute this bond on behalf of the Surety must be attached to the bond.

Acknowledgment of Principal, If a Corporation

(State of Florida)

(COUNTY OF _______________)

(CITY OF _______________)

The foregoing instrument was acknowledged before me this ______ day of ____________, 20__, by ____________________________ of _________________________, a __________________ (Name and Title of Officer) (Name of Principal) (State of Corporation)

Corporation, on behalf of said corporation. He/She is personally known to me or has produced

____________________ as identification. He/She warrants that he/she is authorized by the (Type of Identification)

Board of Directors of said corporation to execute the foregoing instrument.

NOTARY PUBLIC:

Sign: _____________________

Print/Type: __________________

SEAL

Acknowledgment of Surety, (Where Executed by Attorney-in-Fact, as Agent)

(STATE OF FLORIDA)

(COUNTY OF ______________)

(CITY OF _______________)

The foregoing instrument was acknowledged before me this ______ day of ____________, 20___, by _____________________________ as Attorney-in-Fact for _________________, (Name of Attorney-in-Fact) (Name of Surety)

Who is personally known to me or has produced _____________________________ as identification.

(Type of Identification)

By virtue of a power of attorney from said corporation, a copy of which is attached hereto, he/she is duly authorized to execute the foregoing instrument.

NOTARY PUBLIC:

Sign: ___________________

Print/Type: _________________

SEAL