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HomeMy WebLinkAboutAPAC - Florida Performance Bond Form -2002 06 14BOND 14-000-020-0420 s1=~Tlo~ a~~~o PERFORHN~4IVC]~ S®h!D FORM TFII~ ItdSTRt1IV1EIdT lfNITNESSETFI: That we {1} APAC-FLORIDA, INC. MACASPHALT DIVISION a (2) organized under tl~ ®laws of the State of F'T~ and regularly authorized to do business in the State of Flonida as Principal, and we (3) ~,P~RTY MUTUAL INSURANCE COMPANY a {2) organized under tl' a Laws of the State of ~ and regularly authorized to do business in the State of f~torida as Surely, are held and firmly bound unto CITY OF WINTER SPRINGS hereinafter Called the Owner In accQrdanca wil,i a. Contract hereinafter referred to, in the penal sum of (4) bolf~rs {$ 149,329.02 1 lawful money of the United States, well and truly to be paid unto the said Owner. far ~h® payment of which we bind ourselves, our heirs, executors, administrators, successors and assignees, jointly and severall ~, firmly by these Ares®nts; * ~ ONE HUNDRED FORTY NINE THOUSAND THREE HUNDRED TWENTY NINE 02/100----- V4i'H REAS, the said Prinaipal has entered into a written contract with the Owner dated for ~e work design ated aS ASPHALT RESURFACING located in VARIOUS CITY STREETS in conformity with Contract Documen~ hereby referred to and made a part hereof, the same to al! intents and purposes as if written at I~ngth herein, in which Contract the said Principal has contracted to perform the work specified in said Contract in accordance with the terms thereof; NO<{1/, THEREFOI~;E, the condition of this obligation is such that if the Principal shaA faithfully perform the Contract on his {it.~l part, and satisfy all covenants, terms, canditians and agreements incurred by the Prinaipal in the Performance o~ said Contract, during the original term thereof, and any extensions thereof which may be granted by the Qv~ner, wi#h or without notice to the Surety, and shall satisfy all claims and demands aris(ng thereunder, and shalt fully indemnify and save harmless the owner from a0 cost and damage which the Owner migfpt suffer by reason of the failure of the Principal to do so, and shall fully reimburse and repay to the Owner all cost, damages, ar d expenses which the Owner may incur In making good any default by the Principal, including any ~d6fault basecl upon failure of the Principal, to fulfill his ob[igation to famish maintenance, repairs, or replacements for ny 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. tN AbAIT10N, the Principal and Surety, jointly and severally, expressly guarantee that elf materials famished and wor4~manship perfumed under the Gontract and in the construction of th® work shall fulfill all requirements of the Gon4ract and the G~ntract Documents with respect to them. This bond shall remain in effect for a period of one year;from the date ~.f final acaeptancE. IT I~ HEREBY STI'U>,,.ATED AND ,4GIZ~EE? that any suit based upon. any default of the Principal in fulfilling his obit lions to furnl;;h maintenance, repairs, or replacements for any period of time after the Work is completed, if proved for in the Iontract, may be brought at any time up to six months after the expiration of the time specified in th Contract dun ng which the Contractor has agreed to furnish such maintenance or make such repairs or replacements. TFiE~ SAll7 SURi='I Y, far value received, hereby stipulates and agrees that na change, extension of time, alter~tton or additi~:n to the terms of the Contract or to the Work to be performed thereunder or the Contract Daa meets accoml: anying th® same shall in any way affect its obligations on this Bond, and It does hereby waive natic~ of arty such ~;hange, extension of time, alteration or addition to the terms of the Contract or to the Work or to th® Cvntract Doc aments. PRO~lIDEID, FUR'i]1ER, that no final settlement between the Owner and the Gontractor shall abridge the right of any fjeneficiary hereunder, whose claim may ba unsatisfied. {1) contractor {2) dole Proprietor, Partnership, or Corporation {3) ~urety 27 A4) 110 perCem of the Contract Amount FN WITNESS V- NEREOF, this Inst da en~~ is exJCUIU~ted in several counter2po 0z, each ons of which shall be deemed ~n original, this the -~ - y 4SEAL) (1) APAC-FLORIDA, INC, MACASPHALT DIVISION ~y: Tine: {SEAL) (2) IBERT U L SURANCE COMPANY jBy: ~TitlB' KI ER Y~ ALLER, FLORIDA LICENSED RESIDENT AGENT (813) 281-2095 (Attamey i t FBCt (1) Contractor (2) Surety END OF SEG"C1ON 28