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SUNNY iso, <br /> • ' '`e� PERFORMANCE BOND <br /> u'( t <br /> !" 18070 Collins Avenue <br /> • Sunny Isles Beach,FL 33160 <br /> -'t f/• Telephone:(305)947-0606 Fax:(305)949-3113 Executed in 2 Counterpart(s) <br /> ,,97._.- 0P. vs�_ Bond No. 2261719 <br /> Y O; s"S '' FORM OF PERFORMANCE BOND <br /> THE TERM OF THIS BOND SHALL BE FROM NOVEMBER 1,2017 THRU NOVEMBER 1,2018 <br /> KNOW ALL MEN BY THESE PRESENTS: <br /> That, pursuant to the requirements of Florida Statute 255.05, we, <br /> Stockton Maintenance Group, Inc , as Principal, hereinafter. called Contractor, and <br /> North American Specialty* . , as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, <br /> hereinafter called City, in the amount of One Hundred Seventeen Thousand Nine Hundred" Dollars ($ <br /> 117,928.41----) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, <br /> administrators, successors and assigns,jointly and severally. <br /> WHEREAS, Contractor has b written agreement entered into a Contract, Bid/Contract No.: <br /> C1516-005 , awarded the 1 day of OC,-t-oe-P. , 20 \ S— , for <br /> Janitorial Maintenance Services in accordance with contract documents prepared by the City of <br /> Sunny Isles Beach,which Contract is by reference made a part hereof,and is hereafter referred to as the Contract; <br /> THE CONDITION OF THIS BOND is that if the Contractor: <br /> 16.1. Fully performs the Contract between the Contractor and the City for <br /> Janitorial Maintenance Services (Bid No. ITB 15-07-01 ) within 365 calendar days after the <br /> date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the <br /> Contract; and <br /> 16.2. Indemnifies and pays City all losses, damages(specifically including, but not limited to, damages for delay <br /> and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), <br /> expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains <br /> because of default by Contractor under the Contract; and <br /> 16.3. Upon notification by the City,corrects any and all defective or faulty Work or materials which appear within <br /> one and one half(1 1/2) years, and: <br /> 16.4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in <br /> the Contract,then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared <br /> by City to be, in default under the Contract, the City having performed City's obligations thereunder, the Surety <br /> may promptly remedy the default, or shall promptly: <br /> 16.4.1. Complete the Contract in accordance with its terms and conditions; or <br /> 16.4.2.Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and <br /> upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, <br /> or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, <br /> qualified, responsible and_responsive Bidder, arrange for a Contract between such Bidder and <br /> City, and make available as Work progresses (even though there should be a default or a <br /> succession of defaults under the Contract or Contracts of completion arranged under this <br /> paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; <br /> but not exceeding, including other costs and damages for which the Surety may be liable <br /> hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract <br /> Price."as used in this paragraph, shall mean the total amount payable by City to Contractor under <br /> the Contract and any amendments thereto, less the amount properly paid by City to Contractor. <br /> *Insurance Company <br /> **Twenty Eight and 41/100 <br />