Public_Construction_Bond.pdf

PUBLIC CONSTRUCTION BOND

Bond #

(STATE OF FLORIDA)

(COUNTY OF PINELLAS)

(CITY OF ST. PETERSBURG)

KNOW ALL MEN BY THESE PRESENTS:

That we,__________________________________________(hereinafter called the "Principal"), (Name of Corporation, Partnership, or LLC) located at ________________________________________, (____)_____________________, (Principal Business Address) (Phone Number) and ______________________________________________ (hereinafter called the “Surety”), (Surety Name) located at ________________________________________________, (___)

(Surety Business Address) (Phone Number) are held and firmly bound unto the City of St. Petersburg, Florida (hereinafter called the "City") located at One 4th Street North, St. Petersburg, FL 33701, phone: (727) 893-7220, in the penal sum of:

$______________ 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 construction manager contract with a guaranteed maximum price, dated the _____ day of _____________, 20___, as amended, entered into between the Principal and the City (“Contract”) for the Principal to provide construction-phase activities for:

xxxxxxx Project City of St. Petersburg, Florida City Project No. xxxxxxx

The general location of the proposed work for the Project is at xxxxxxx, St. Petersburg, Florida.

NOW, THEREFORE, THE CONDITIONS of this bond are such that, if the Principal shall, with respect to all construction work performed for the Project: (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 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 claimants, as defined in Section 255.05(1), Florida Statutes, 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 a 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. This bond is not conditioned on nonconstruction services or payment to persons furnishing such services.

Commented [SM1]: Note: If skipping pre-construction and going straight to GMP, remove the “as amended” language

This bond is meant to comply with all the requirements of Section 255.05, Florida Statutes, and herewith incorporates all duties of a surety required by Section 255.05, Florida Statutes, and all notice and time limitation provisions set forth in Sections 255.05(2) and

255.05 (10), Florida Statutes. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions set forth in Sections 255.05(2) and 255.05(10), Florida Statutes.

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, the hands and seals of the parties hereto this _____ day of ____________________, 20____.

SURETY:

SURETY NAME

BY:

(Signature of Attorney-in-Fact)

(Print or Type Name of Attorney-in-Fact)

(Florida license # of Attorney-in-Fact)

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 this bond.

PRINCIPAL:

PRINCIPAL NAME

(Signature)

(Print or Type Name and Title)

Check applicable box below (check only one box):

Principal has a seal. If checked, attest and impress Principal’s seal:

ATTEST:

(Print or Type Name)

Principal has no seal. If checked, provide two witness signatures:

WITNESS 1 for Principal:

CITY:

APPROVED AS TO FORM:

By: __________________________________ City Attorney (Designee)

WITNESS 2 for Principal:

00593686 11/01/2021

Principal Seal

Surety Seal

Acknowledgment of Principal

(COUNTY OF_________________ )

(CITY OF_____________________ )

The foregoing instrument was acknowledged before me by means of physical presence or online notarization this ______ day of _________________, 20____, ___________________________________ of ______________________________________, (Name and Title of Officer) (Name of Principal) a _________________________________ ("Entity"), on behalf of said Entity.

(Identify type of Entity and Sate where Registered)

He/She is personally known to me or has produced ________________________ as identification.

(Select) (Type of Identification)

He/She warrants that he/she is duly authorized by all necessary actions of the Entity in accordance (Select) (Select) with the governing documents of the Entity to execute the foregoing instrument.

NOTARY PUBLIC:

Sign: ___________________________________

Print/Type: ______________________________

SEAL

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

(COUNTY OF__________________ )

(CITY OF______________________ )

The foregoing instrument was acknowledged before me by means of physical presence or online notarization 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 ______________________________________ (Type of Identification) as 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.

(Select)

NOTARY PUBLIC:

Sign: __________________________________

Print/Type: _____________________________

SEAL