00 61 13.13 - Performance Bond.pdf

Herbert, Rowland & Grubic, Inc. 00 61 13.13 - 1 006569.0459

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 State of __________________________ and authorized to do business in the Commonwealth of Pennsylvania and currently listed in the United

States Department of the Treasury Circular 570, with its principal office and place of business at

_______________________________, and whose contact person and telephone number are

____________________________ at ____________________________, as Surety (the

“Surety”), are held and firmly bound unto Penn Township, 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 the Obligee a certain Bid, dated

___________________________, 20__ (the “Proposal”), to perform certain work (“Work”) for the Obligee in connection with the Alterations for Penn Township Municipal Building Project, 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 Hex 9 Architects; and

WHEREAS, the 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 the Obligee in accordance with the Proposal, the Principal shall furnish this Bond to the Obligee, with this Bond to become binding upon the award of a contract to the Principal by the

Obligee in accordance with the Proposal; and

Herbert, Rowland & Grubic, Inc. 00 61 13.13 - 2 006569.0459

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 if the Obligee shall make an award to the Principal in accordance with the Proposal, then the Principal and the Obligee shall enter into an Agreement with respect to performance of such Work (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 Agreement by the Principal or growing out of the performance of the

Agreement 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 the Obligee of any extensions of time for the performance of the Agreement in accordance with the Contract Documents, and/or any act of forbearance of either the Principal or the Obligee toward the other with respect to the Contract

Documents and the Agreement, and/or the reduction of any percentage to be retained by the

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.

Herbert, Rowland & Grubic, Inc. 00 61 13.13 - 3 006569.0459

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

_____________________________, 20____.

(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

Herbert, Rowland & Grubic, Inc. 00 61 13.13 - 4 006569.0459

(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

***All members must sign

Herbert, Rowland & Grubic, Inc. 00 61 13.13 - 5 006569.0459

(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.