00 61 13.13 - Performance Bond.pdf

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that we, _________________________________________________, as Principal (the "Principal"), and

___________________________________, a corporation organized and existing under the laws of the _________________________ of _______________________________, as Surety (the

"Surety"), are held and firmly bound unto Elizabethtown Borough, Lancaster County, as Obligee

(the "Obligee"), as hereinafter set forth, in the full and just sum of

_____________________________ Dollars ($______________), lawful money of the United

States of America, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WITNESSETH THAT:

WHEREAS, the Principal heretofore has submitted to Obligee a certain Bid, dated

___________________________, 20____ (the "Proposal"), to perform certain work and supply certain materials (“Project”) for the Obligee in connection with the Elizabethtown Borough Sewer

Maintenance and Emergency Contract, as specified or indicated in the procurement documents and other related documents constituting the contract documents, which are incorporated into the

Proposal by reference (the "Contract Documents"), as prepared by Herbert, Rowland & Grubic, Inc.; and

WHEREAS, Obligee is a "contracting body" under the provisions of Act 385 of the General

Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known and cited as the "Public Works Contractors' Bond Law of 1967", as amended (the

"Act"); and

WHEREAS, the Act, in Section 3.1, requires that, before an award shall be made to the

Principal by Obligee in accordance with the Proposal, the Principal shall furnish a bond to Obligee

, with such bond to become binding upon the award of a contract to the Principal by Obligee in accordance with the Proposal; and

WHEREAS, it also is a condition of the Contract Documents that this Bond shall be furnished by the Principal to the Obligee; and

WHEREAS, under the Contract Documents, it is provided, inter alia, that if the Principal shall furnish this Bond to the Obligee and a performance bond to Obligee , and if Obligee shall make an award to the Principal in accordance with the Proposal, then the Principal and Obligee shall enter into an agreement with respect to performance of such Project (the "Agreement"), and the form of Agreement is set forth in the Contract Documents.

NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if: (a) the Principal well, truly and faithfully shall comply with and perform the Work in accordance with the Contract Documents, at the time and in the manner provided in the Agreement and in the

Contract Documents, and if the Principal shall satisfy all claims and demands incurred in or related to the performance of the Work by the Principal or growing out of the performance of the Work by the Principal, and if the Principal shall indemnify completely and shall save harmless the

Obligee and all of its officials, agents and employees from any and all costs and damages which the Obligee and all of its officials, agents and employees may sustain or suffer by reason of the failure of the Principal to do so, and if the Principal shall reimburse completely and shall pay to the Obligee any and all costs and expenses which the Obligee and all of its officials, agents and employees may incur by reason of any such default or failure of the Principal; and (b) if the

Principal shall remedy, without cost to the Obligee, all defects in the Work to be performed under the Agreement in accordance with the Contract Documents, which defects, in the sole judgment of the Obligee or its legal successors in interest, shall be caused by or shall result from defective or inferior materials or workmanship, then this Bond shall be void; otherwise, this Bond shall be and shall remain in force and effect.

This Bond is executed and delivered under and subject to the Act to which reference hereby is made.

The Principal and the Surety agree that any alterations, changes and/or additions to the

Contract Documents, and/or alterations, changes and/or additions to the Work to be performed under the Agreement in accordance with the Contract Documents, and/or any alterations, changes and/or additions to the Agreement, and/or any giving by Obligee of any extensions of time for the performance of the Work in accordance with the Contract Documents, and/or any act of forbearance of the Principal, Obligee or the Obligee toward the other with respect to the Contract

Documents and the Work, and/or the reduction of any percentage to be retained by Obligee as permitted by the Contract Documents and by the Agreement, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this Bond; and the Surety, for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage.

No final settlement between Obligee and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

IN WITNESS WHEREOF, intending to be legally bound, the Principal and the Surety have caused this Bond to be signed, sealed and delivered this ______________ day of

_____________________________, 2024.

(Individual Principal)

Witnesses:

_____________________________ _________________________________(SEAL)

(Signature of Individual)

Trading and Doing Business As:

(Partnership Principal)*

Witnesses: _______________________________________

(Name of Partnership)

________________________________ By:____________________________________

Partner

*All general partners must sign.

(Corporation Principal)

(Name of Corporation)

Attest:________________________ By:____________________________________

(Assistant) Secretary (Vice) President

[CORPORATE SEAL]

(or if appropriate)

Witness:

_______________________________ **By:__________________________________

(Authorized Representative)

**Attach appropriate corporate resolution, dated as of the same date as the Bond, evidencing authority to execute the Bond on behalf of the corporation.

(Limited Liability Company Principal)***

(Name of Limited Liability Company)

Witnesses:

By: _________________________________

Member

By:__________________________________

By:__________________________________

***All members must sign

(Corporate Surety)

Witness or Attest:

___________________________ ****By:________________________________

(Title) (Attorney-in-Fact)

[CORPORATE SEAL]

****Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-in-Fact to act on behalf of the corporation.