RFP-25-026-KY_-_P&P_Bond_Form.pdf

CONTRACT

Contract No. AP25026

EASTMONTE PARK SYNTHETIC TURF

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Bond No: ______________________________

PERFORMANCE AND PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS that, we

(Name of Contractor)

(Principal Business address of Contractor)

(Telephone number of Contactor)

(a corporation, partnership, individual) as Principal and

(Name of Surety)

(Principal Address of Surety)

(Telephone number of Contactor) as Surety, are bound to:

CITY OF ALTAMONTE SPRINGS

225 Newburyport Avenue

Altamonte Springs FL 32701 407-571-8080 a Political Subdivision of Seminole County in the State of Florida as Owner, in the sum of $______________________, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

This Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes, as the same may be amended.

WHEREAS, the CONTRACTOR has entered into a certain written Contract with the "CITY" dated the for Bid No. RFP-25-026-KY entitled, EASTMONTE PARK SYNTHETIC

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TURF with the conditions and provisions as are further described in the aforementioned contract, which contract is by reference made a part hereof for the purpose of explaining this bond.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS such that if Contractor shall fully, promptly, and faithfully perform said contract and all obligations hereunder, including all obligations imposed by the contract documents (which include the Notice to Bidders, Instructions to Bidders, Proposal Bid Form, General Specifications and Detail Specifications, Form(s) of Contract Bond(s), Plans and Specifications, and such alterations thereof as may be made as provided for therein) and shall promptly make payments per Section 255.05(1), Florida Statutes to all claimants for any and all labor and material used or reasonably required for use or furnished in connection with the performance of said contract, and shall perform all other covenants and obligations of this bond, then this obligation shall be void; otherwise, it shall remain in full force and effect.

1. The undersigned shall indemnify and save harmless said Owner against and from all costs, expenses, and damages, including litigation costs and attorney's fees arising out of, or in connection with the neglect, default, or want of care or skill, including patent infringement on the part of said Contractor, his agents, servants or employees in the execution or performance of said contract.

2. The undersigned shall promptly make payment to all persons supplying services, labor, material, or supplies used directly or indirectly by said Contractor, or any subcontractor or subcontractors, in the prosecution of the work provided for in the said contract.

3. The undersigned agrees to promptly pay to the Owner any difference between the sum to which the Contractor would be entitled on the completion of the contract and the sum which the Owner may be obligated to pay for the completion of said work by contract or otherwise, including any damages, direct or indirect, or consequential, which the Owner may sustain by reason of the failure of the Contractor to properly and promptly perform and abide by all of the provisions of said contract.

4. The undersigned covenant and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed there under, or the specifications accompanying the same shall in any way affect their obligation on this bond and they do hereby expressly waive notice of any such change, extension of time, alteration or addition.

5. Subject to the Owner's priority, any claimant furnishing labor or materials for said job, whose claim remains unpaid for more than ninety (90) days after the due date, shall have a direct right of action against the Principal and Surety under this obligation, after the written notice of the performance of work, labor or delivery of such materials and non-payment thereof to the Contract.

6. The Contractor shall save the City harmless from any and all damages, expenses, and costs which may arise by virtue of any defects in said work or materials within a period of http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0255/Sections/0255.05.html

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two years from the date of initial acceptance. The principle and surety acknowledge that Section

255.05 of the Florida Statutes states:

Any person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority for the construction of any public building, for the prosecution and completion of any public work, or for repairs upon any public building or public work shall be required, before commencing the work, to execute a payment and performance bond with a surety insurer authorized to do business in this state as surety.

A claimant, except a laborer, who is not in privity with the contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the contractor with a notice that he intends to look to the bond for protection.

A claimant who is not in privity with the contractor who has not received payment for his labor, materials, or supplies shall, within 90 days after the performance of the labor or after complete delivery of the materials or supplies, deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment.

No action for the labor, materials, or supplies may be instituted against the contractor or the surety unless both notices have been given.

No action shall be instituted against the contractor or the surety on the bond after 1 year from the performance of the labor or completion of delivery of the materials or supplies.

The payment provisions of all bonds furnished for public work contracts described above shall, regardless of form, be construed and deemed statutory bond provisions, subject to all requirements as stated above.

All bonds executed pursuant to this section shall refer to this section by number and shall contain a reference to the notice and time limitation provisions of this section.

The above statutory requirement language shall not reduce or otherwise limit the contractor's and surety's liabilities and obligations to the City as otherwise provided herein.

IN WITNESS WHEREOF, the said Contractor has hereunder affixed its signature, and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this ______day of _______________, _________.

(Signatures Page Follows)

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PRINCIPAL/CONTRACTOR:

(Company Name)

By: _________________________________________________ (Signature)

(Print name and title)

(Seal)

Signed, sealed, and delivered in the presence of:

1. ___________________________________________________

2. ___________________________________________________

SURETY:

(Surety Name)

By: _________________________________________________ (Signature)

(Print name and title)

(Seal) Signed, sealed, and delivered in the presence of:

1. __________________________________________________

2. __________________________________________________