00 61 19 - Warranty Bond.pdf

00 61 19 WARRANTY BOND

WARRANTY BOND

Contractor Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Construction Contract

Name: Capital Region Water Description (name and location):

Address (principal place of business): 2027 Sewer System Improvements Project

Contract No. 2026-12

City of Harrisburg, PA 3003 North Front Street

Harrisburg, PA 17110

Contract Price:

Effective Date of

Contract:

Contract’s Date of

Substantial Completion:

Bond

Bond

Amount:

Bond Period: Commencing 364 days after

Substantial Completion of the Work under the

Construction Contract and continuing until two (2) years after such Substantial Completion.

Date of

Bond:

Modifications to this Bond form:

☐ None ☒ See Paragraph 9

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth herein, do each cause this Warranty Bond to be duly executed by an authorized officer, agent, or representative.

Contractor as Principal Surety

(Full formal name of Contractor) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable.

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction

Contract’s Correction Period Obligations. The Construction Contract is incorporated herein by reference.

2. If the Contractor performs the Correction Period Obligations, the Surety and the Contractor shall have no obligation under this Warranty Bond.

3. If Owner gives written notice to Contractor and Surety during the Bond Period of Contractor’s obligation under the Correction Period Obligations, and Contractor does not fulfill such obligation, then Surety shall be responsible for fulfillment of such Correction Period Obligations. Surety shall either fulfill the Correction Period Obligations itself, through its agents or contractors, or, in the alternative, Surety may waive the right to fulfill the Correction Period Obligations itself and reimburse the Owner for all resulting costs incurred by Owner in performing Contractor’s

Correction Period Obligations, including but not limited to correction, removal, replacement, and repair costs.

4. The Surety’s liability is limited to the amount of this Warranty Bond. Renewal or continuation of the Warranty Bond will not modify such amount, unless expressly agreed to by Surety in writing.

5. The Surety shall have no liability under this Warranty Bond for obligations of the Contractor that are unrelated to the Construction Contract. No right of action will accrue on this Warranty Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

6. Any proceeding, legal or equitable, under this Warranty Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and must be instituted within two years after the Surety refuses or fails to perform its obligations under this Warranty Bond.

7. Written notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown in this Warranty Bond.

8. Definitions

8.1. Construction Contract—The agreement between the Owner and Contractor identified on the cover page of this Warranty Bond, including all Contract Documents and changes made to the agreement and the Contract Documents.

8.2. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor.

8.3. Correction Period Obligations—The duties, responsibilities, commitments, and obligations of the Contractor with respect to correction or replacement of defective Work, as set forth in the Construction Contract’s Correction Period clause, EJCDC® C-700, Standard General

Conditions of the Construction Contract, Paragraph 15.08, as duly modified.

8.4. Substantial Completion—As defined in the Construction Contract.

8.5. Work—As defined in the Construction Contract.

9. This Bond specifically includes all Work covered by the City of Harrisburg Street Cut and

PennDOT Highway Occupancy Permits, including restoration and maintenance of pavement within the City and PennDOT right-of-way, but does not limit Contractor’s broader Correction

Period Obligations under the Construction Contract unless expressly stated herein.