Loading...
HomeMy WebLinkAboutDaniels Contracting Company Peformance Bond Form -1999 03 29~. BOND NO.: FSBI-000014-PI' SECTION 00610 Executed in 5 Counterparts PERFORMANCE BOND FORM THIS INSTRUMENT WITNESSETH: That we (1) Daniels Contracting Company a (2) Corporation organized under the laws of the State of Florida and regularly authorized to do business in the State of Florida as Principal, and we (3) The Mountbatten Surety Company, Inc. a (2) Corporation organized under the laws of the State of Pennsylvania and regularly authorized to do business in the State of Florida as Surety, are held and firmly bound unto City of Winter Springs, Florida hereinafter called the Owner in accordance with a Contract hereinafter referred to, in the penal sum of (4) Fifty Three Thousand One Hundred Fifty Eight and 601100 Dollars ($53,158.60) 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 dated ~~~~~ 2.9 >t ~~ for the work designated as David Drive Utilities Project located in Winter Springs, Florida 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 agreements incurred by the Principal in the performance 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 fully indemnify and save harmless the Owner from all cost and damage which the Owner might suffer by reason of 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. IN ADDITION, the Principal and Surety, jointly and severally, expressly guarantee that all materials furnished and workmanship performed under the Contract and in the construction of the work shall fulfill all requirements 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 HEREBY STIPULATED AND AGREED 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 after 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 Contract during which the Contractor has agreed to furnish such maintenance 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, extension 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 the right of any beneficiary hereunder, whose claim may be unsatisfied. (1) Contractor -Daniels Contracting Company, 310 Waymont Court, Suite 104, Lake Mary, FL (2) Sole Proprietor, Partnership, or Corporation (3) Surety -The Mountbatten Surety Company, Inc., 33 Rock Hill Road, Bala Cynwyd, PA (4) 110 Percent of the Contract Owner -City of Winter Springs, Florida, 1126 East S.R. 434, Winter Springs, FL 32708 32746 (407) 330-1220 19004 (610) 664-2259 (407) 327-1800 00610-1 IN WITNESS WHEREOF, this instrument is an original, this the 29 ~~,~ day, (SEAL) (1) Daniels Co By: Title: in several counterparts, each one of which shall be deemed ~u , 1999. (SEAL) (2) The Mountbatten Surety Company, Inc. By: ~2 ~ ~r~.- Title: Jeffrey W. Reich (Attorney in Fact & Florida Licensed Resident Agent) Enquiries: (407) 786-7770 (1) Contractor (2) Surety END OF SECTION 00610-2