HomeMy WebLinkAboutW.E.S. Performance Bond Form
SECTION 00610
PERFORMANCE BOND FORM
THIS INSTRUMENT WITNESSETH: That we (1\iaterEquipmentServices, Inc a (2)Corporation
_ organized under the lews of the State of Florida ~nd regularly authorized to do business
in the State of Florida as Principal, and we ($umberlandCasualty&SuretyCompany a (2) -
Corporation organized under the laws of the State of Florida and rsgularly
authorized to do business in the State of Florida as Surety, are held and firmly bound untoCity of Winter Spri:g:;
, hereinafter called the OWNeR in accordance with a Contract hereinafter referred to, in the penal sum
of (4)Fortv Four Thousand Dollars ($ 44.000.00 ) lawful money
of the United States, well and truly to be paid unto the said OWNER, for the payment of which we bind
ourselves. our heirs, executors, administrators. successors and assignees, jointly and severally, firmly by these
presents;
WHEREAS, the said Principal has entered into a written contract with the OWNER ~ted ~J~S 2B~~ ':>;9
for the work designated asAeratorReplacementWater10eat~!EtRtr;~~g~t ___':""8'" J __1"'\_5 da
in conformity with Contract Documents hereby referred to and made a part hereof, the same to all intents and
purposes as if written at length herein, in which Contract the said Principal has contracted to perform the work
specified in said Contract in accordance with the terms thereof;
NOW, THEREFORE. the condition of this obligation is such that if the Principal shall faithfully perform the
Contract on his (its) part, and satisfy all covenants, terms, conditions and egreements incurred by the Principal
in thQ performanl:li of said Contract, during the original term thereof, and any extensions thereof which may
be granted by the OWNER. with or without notice to the Surety, and shall satisfy all claims and demands
arising thereunder, and shall tully indemnify and save hermless the OWNER from all cost and damage which
the OWNER might suffer by reason at the failure of the Principal to do so, and shall fully reimburse and repay
to the OWNER all costs. damages. and expenses which the OWNER may incur in making good any default by
the Principal, including any default based upon failure of the Principal, to fulfill his obligation to furnish
maintenance. repairs. or replacements for any period of time after the work is completed. if provided for in said
Contract. then thiS obligation shall be null and void. otherwise it shall remain in full force and effect.
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IN ADDITION. the Principal and Surety. jointly and severally. expressly guarantee that ell meterials furnished
and workmanship performed under the Contract and 'in the construction of the work shall fulfill ail r~quirements
of the Contract and the Contract Documents with respect to them. This bond shall remain in effect for a
period of one year from the date of final acceptance.
IT IS HERESY STIPULATED AND AGREEO that any suit based upon any default of the Principal in fulfilling his
obligations to furnish maintenance, repairs. or replacements for any period of time atter the Work is completed,
if provided for in the Contract. may be brought at any time up to six months after the expiration of the time
specified in the Contr3ct during which the Contractor hes egreed to furnish such maintcnence or maKe such
repairs or replacements.
THE SAID 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 the Contract
Documents accompanying the same shall in any way affect its obligations on this Bond, and it does hereby
waive notice of any such change. ~xtension of time. alteration or addition to the terms of the Contract or to
the Work. or to the Contract Documents.
PROVIDED. FURTHER, that no final settlement between the OWNER and the Contractor shall abridge rhp. right
ot any beneficiary hereunder, whose claim may be unsatisfied.
(') Contractor
(2) Sole Proprietor. Partnership, or Corporation
(3) Surety
(4) 1 10 percent of the Contract
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00610-1
IN WITNESS WHEREOF, this Instrument is executed in several counterparts, each one of which shall be deemed
an original, this the day of , 19_,
(SEAL) (1)
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(SEAL)
(1) Contractor
(2) Surety
~._.,
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By:
(2) Cumberland Casualty and Surety Company
By: ~/~
Edward J. Valek II
Title: Licensed Florida Agent
(Attorney in Fact)
END OF SECTION