10-EXHIBIT H - Performance and Payment Bond Forms.pdf

MONTCO CULTURAL CENTER THEATER ROOF REPLACEMENT PROJECT

MONTGOMERY COUNTY COMMUNITY COLLEGE

EXHIBIT H - PERFORMANCE BOND AND

PAYMENT BOND

Performance and Payment Bonds shall be utilized for this project. The appropriate documents are contained in the following pages. The Bidder shall follow the specific instructions and execute them upon notification. The attachments include the Instructions for Bonds (1 page), the Agreement of Surety (1 page), and the Performance Bond and Payment Bond Forms (5 pages each). Reference the Instructions to Bidders and the attached Performance Bond and Payment Bonds Instructions for the execution of these documents.

END OF DOCUMENT

PERFORMANCEBOND AND PAYMENT BOND

INSTRUCTIONS FOR BONDS

INSTRUCTIONS REGARDING

BONDS

1. Within ten (10) days of receipt of the Notice of Intent to Award, the successful Bidder shall furnish a Performance Bond and a Payment Bond in the forms provided in the these Bidding Documents, each in the amount of one hundred percent (100%) of the Contract Sum.

2. The Attorney-in-Fact who executes the Performance and Payment Bonds on behalf of thesurety shall affix to the bonds a certified and current copy of its Power of Attorney, authorizing said Attorney-in-Fact to act on behalf of the surety. The Power of Attorney must be dated the same day as the bonds and both the bonds and Power of Attorney shall have affixed the raised corporate seal of the surety.

3. The Performance and Payment Bonds must be executed by a surety licensed and authorizedto conduct business within the Commonwealth of Pennsylvania and named in the current list of companiesholding Certificates of Authority as accepted sureties on Federal Bonds and as acceptable reinsuring companies as published in Circular 570 (as amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, and the amount of the bond shall not exceed the underwritingrisk of such surety set forth in said Circular or revision thereof.

END OF INSTRUCTIONS FOR BONDS DOCUMENT

AGREEMENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that we, , as Surety, a corporation existing under the laws of the State of , and authorized to transact business in the Commonwealth of Pennsylvania hereby agrees intending to be legally bound hereby, to execute and deliver to , within the time limit specified in the Contract Documents, the Performance Bond and Payment Bond in the forms included in the Contract Documents each in an amount of 100% of the Contract Sum, in favor of the

MONTGOMERY COUNTY COMMUNITY COLLEGE, as required for the faithful performance and proper fulfillment of the contract for the Montco Cultural Center Theater Roof Replacement Project at the Montgomery County Community College, Blue Bell Campus, Borough of Whitpain, Montgomery

County, Pennsylvania, on behalf of (hereinafter called the Bidder) provided that the above contract be awarded to the bidder within one-hundred twenty (120) days after the date of opening of the bids or otherwise as set forth in the

Instructions to Bidders and Invitation to Bidders.

Surety further agrees that should the Surety, after notification of intent to make such award, omit or refuse to execute the required bonds and agreement, then the Surety shall pay to the Montgomery County Community College, hereinafter called the Obligee, any difference between the total amount specified in said bidder’s proposal for the required work and the amount of which said Obligee may procure the same work, if the latter amount be in excess of the former, plus any advertising, architectural, legal and other expenses incurred by Obligee; provided, however, that the obligations of SDuart etdy: hereundershall not exceed th, e20amount of b id security provided by the Bidder together with interest.

(CORPORATE SURETY)

WITNESS OR ATTEST:

By:

Attorney-in-Fact*

NAME:

(Please type)

*Attach an appropriate Power of Attorney, dated as of the same date as this Agreement, evidencing the authority of the Attorney-in-Fact to act on behalf of the corporation.

AGREEMENT OF SURETY

MONTCO CULTURAL CENTER THEATER ROOF REPLACEMENT PROJECT

MONTGOMERY COUNTY COMMUNITY COLLEGE

KNOW ALL MEN BY THESE PRESENTS that we, , as

Principal (the “Principal”), and , a corporation organized and existing under laws of the of , with a principal office at

, and authorized to do business in the Commonwealth of Pennsylvania, as Surety (the

“Surety”), are held and firmly bound, jointly and severally, unto the MONTGOMERY COUNTY

COMMUNITY COLLEGE 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 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. If more than one surety is named above, said sureties shall be jointly and severally liable to Obligee.

WITNESSETH THAT:

WHEREAS, The Principal heretofore has submitted to the Obligee a certain bid, dated , 20 _ (the “Bid”), to perform certain construction work for the Obligee, in connection with the Montco Cultural Center Theater Roof Replacement Project at the Montgomery County Community College, Blue Bell Campus, Whitpain Township, Montgomery County, Pennsylvania, pursuant to drawings, specifications and other related documents, which are incorporated into the Bid by reference and a part thereof (the “Contract Documents”), as prepared by Roofing Resources, Inc.; and

WHEREAS, the Contract Documents are incorporated into this Bond by reference and made a part hereof; and

WHEREAS, The Obligee, is a “contracting body” under provisions of Act No. 385 of the General

Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known as and cited as the “Public Works Contractors’ Bond Law of 1967” (the “Act”); and

WHEREAS, the Act, in Section 3(a), requires that, before an award shall be made to the Principal by the obligee in accordance with the Bid, 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 Bid; 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 if the Obligee shall make an award to the Principal in accordance with the Bid, then the Principal and the Obligee shall enter into an agreement with respect to performance of such work (the “Agreement”), the form of which Agreement is set forth in the Contract Documents.

NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if the Principal and any subcontractor of the Principal to whom any portion of the work under the Agreement shall be subcontracted, and if all assignees of the Principal and of any such subcontractor, promptly shall pay or shall cause to be paid, in full, all money which may be due any claimant supplying labor or materials in the prosecution and performance of the work in accordance with the Agreement and in accordance with the Contract Documents, including any amendment, extension or addition to the Agreement and/or to the Contract Documents, for material furnished or labor performed, then this Bond shall be void; otherwise, this Bond shall be and shall remain in force and effect.

This Bond, as provided by the Act, shall be solely for the protection of claimants supplying labor or materials to the Principal or to any subcontractor of the Principal in the prosecution of the work covered by the Agreement, including any amendment, extension or addition to the Agreement. The term “claimant”, when used herein and as required by the Act, shall mean any individual, firm, partnership, association or corporation. The phrase “labor or materials” when used herein and as required by the Act, shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the work covered by the Agreement. As required by the Act, the provisions of this Bond shall be applicable whether or not the material furnished or labor performed enters into and becomes a component part of the public building, public work or public improvement contemplated by the Contract Documents and the Agreement.

As provided and required by the Act, the Principal and the Surety agree that any claimant, who has performed labor or furnished material in the prosecution of the work in accordance with the Agreement and in accordance with the Contract Documents, including any amendment, extension or addition to the Agreement and/or to the Contract Documents, and who has not been paid therefore, in full, before the expiration of ninety (90) days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which payment is claimed, may institute an action upon this Bond, in the name of the claimant, in assumpsit, to recover any amount due the claimant for such labor or material;

and may prosecute such action to final judgment and may have execution upon the judgment; provided, however, that: (a) any claimant who has a direct contractual relationship with any subcontractor of the Principal, but has no contractual relationship, express or implied, with the Principal, may institute an action upon this Bond only if such claimant first shall have given written notice, served in the manner provided in the Act, to the Principal, within ninety (90) days from the date upon which such claimant performed the last of the labor or furnished the last of the materials for which payment is claimed, stating, with substantial accuracy, the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished; and (b) no action upon this Bond shall be commenced after the expiration of one (1) year from the day upon which the last of the labor was performed or material was supplied, for the payment of which such action is instituted by the claimant; and (c) every action upon this Bond shall be instituted either in the appropriate court of the County where the Agreement is to be performed or of such other County as Pennsylvania statutes shall provide, or in the United States District Court for the district in which the project, to which the Agreement relates, is situated, and not elsewhere.

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 any 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.

Provided, that it is expressly agreed that this Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract Documents not increasing the contract price more than twenty percent (20%), so as to bind the Principal and the Surety to the full and faithful performance of the Contract Documents as so amended. The term “Amendment”, wherever used in this Bond and whether referring to this Bond, the Contract Documents, or the Agreement, shall include any alteration, addition, extension or modification of any character whatsoever.

Provided, further, that no final settlement between the Obligee and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

If the Principal is a foreign corporation (incorporated under any laws other than those of the Commonwealth of Pennsylvania) then further terms and conditions of this Bond are and shall be that the Principal or the Surety shall not be discharged from liability on this Bond, nor this Bond surrendered until such Principal files with the Obligee a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all bonus taxes, penalties and interest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of Labor & Industry, evidencing the payment of all unemployment compensation, contributions, penalties and interest due the Commonwealth from said Principal or any foreign corporation, subcontractors thereunder or for which liability has accrued but the time for payment has not arrived, all in accordance with provisions of the Act of June 10, 1947, P.L.

493, of the Commonwealth of Pennsylvania.

IN WITNESS WHEREOF, the Principal and the Surety, intending to be legally bound, cause this

Bond to be signed, sealed and delivered this day of , 20 .

(Individual Principal)

(SEAL)

(Signature of Individual)

WITNESS: trading & doing business as

(Partnership Principal)

WITNESS:

(Name of Partnership)

BY: (SEAL)

Partner

(Corporate Principal)

ATTEST:

(Name of Corporation)

BY:

Secretary (Assistant Secretary) President (Vice President)

(CORPORATE SEAL)

or (if appropriate)

*BY:

(Authorized Representative)

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

(Limited Liability Company)

(Name of Limited Liability Company) Witness:

By: (SEAL)

Managing Member

By: (SEAL) Member

Member

**By:

**Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute on behalf of the company.* * * * * * * * * *

(Corporate Surety)

***BY:

(Attorney-in-fact)

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

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS that we, , as Principal (the

“Principal”), and , a corporation organized and existing under the laws of the of , having its principal office at

, and authorized to do business in the Commonwealth of

Pennsylvania, as Surety (the “Surety”), are held and firmly bound, jointly and severally, unto the

MONTGOMERY COUNTY COMMUNITY COLLEGE, 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. If more than one surety is named above, said sureties shall be jointly and severally liable to Obligee.

WITNESSETH THAT:

WHEREAS, The Principal heretofore has submitted to the Obligee a certain bid, dated , 20 (the “Bid”), to perform certain work for the Obligee, in connection with the Montco Cultural Center Theater Roof Replacement Project at the Montgomery County Community College, Blue Bell Campus, Whitpain Township, Montgomery County, Pennsylvania pursuant to drawings, specifications and other related documents, constituting the contract documents, which are incorporated into the Bid by reference and a part thereof (the “Contract Documents”), as prepared by Roofing Resources Inc. and

WHEREAS, the Contract Documents are incorporated in this Bond by reference and made a part hereof; and

WHEREAS, the Obligee is a “Contracting Body” under provisions of Act No. 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” (the “Act”); and

WHEREAS, the Act, in Section 3(a), requires that, before an award shall be made to the Principal by the Obligee in accordance with the Bid, 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 Bid; 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 if the Obligee shall make an award to the Principal in accordance with the Bid, then the Principal and the Obligee shall enter into an agreement with respect to performance of such work (the “Agreement”), the form of which 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 shall perform the Agreement 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 officers, agents and employees from any and all costs and damages which the Obligee and all of its officers, 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 officers, agents and employees may incur by reason of any such default or failure of the Principal, including, but not limited to, additional legal and professional fees resulting from such default or failure of the Principal, delay damages resulting from such default or failure of the Principal, and liquidated damages in accordance with the Contract Documents; and (b) if the Principal shall remedy, without cost to the Obligee, all defects which may develop during the period of two (2) years from the date of final completion by the Principal and acceptance of the Obligee of 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 interests, 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 and all claims, demands, costs, expenses and damages including, but not limited to, additional legal and professional fees resulting from the default or failure of Principal, delay damages resulting from such default or failure of the Principal, and liquidated damages in accordance with the Contract Documents, shall be payable by Principal and Surety to Owner;

provided, however, that the obligations of the Surety hereunder shall not exceed the amount of this Performance Bond.

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 any 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 obligation 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.

If the Principal is a foreign corporation (incorporated under any laws other than those of the

Commonwealth of Pennsylvania) then further terms and conditions of this Bond are and shall be that the Principal and the Surety shall not be discharged from liability on this Bond, nor this Bond surrendered until such Principal files with the Obligee a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all bonus taxes, penalties and interest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of Labor and Industry, evidencing the payment of all unemployment compensation, contributions, penalties and interest due the Commonwealth from said Principal or any foreign corporation, subcontractor thereunder or for which liability has accrued but the time for payment has not arrived, all in accordance with provisions of the Act of June 10, 1947, P.L. 493, of the Commonwealth of Pennsylvania.

Any proceeding, legal or equitable, under this Bond shall be instituted in the Court of Common Pleas of Montgomery County, Pennsylvania, and in any such proceeding Owner may join both Contractor and Surety as parties, and Contractor and Surety hereby consent to such joinder, jurisdiction and venue. This Bond shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Pennsylvania.

IN WITNESS WHEREOF, the Principal and the Surety, intending to be legally bound, cause this Bond to be signed, sealed and delivered this day of , 20 .

(Individual Principal)

(SEAL)

WITNESS: (Signature of Individual) trading & doing business as

(Partnership Principal)

WITNESS: (Name of Partnership)

(Corporate Principal)

ATTEST: (Name of Corporation)

Secretary (Assistant Secretary) President (Vice President)

(CORPORATE SEAL)

WITNESS: (Name of Corporation)

*By:

(Authorized Representative)

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

(Limited Liability Company)

Managing Member

*By:

*Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute on behalf of the company.

(Corporate Surety)

WITNESS: (Name of Corporation)

**By:

(Attorney-in-fact)

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