2-Bonds.pdf

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 unto the COUNTY OF MONTGOMERY as Obligee (the “Obligee”), as herein-after 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.

WHEREAS, Principal herein has entered into a contract or agreement in writing with COUNTY OF MONTGOMERY, whereby Principal did obligate itself to furnish all materials, equipment and labor necessary to, in a complete and workmanlike manner, do said work, as in said contract or agreement in writing more fully set forth, the same being fully incorporated herein by reference with the same force and effect as if fully copied herein.

NOW THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal shall well and truly do and perform all those things which he did by said written contract or agreement obligate himself to do, and shall in all respects comply with the said recited contract, then this obligation shall be void and of no effect. Otherwise to be and remain in full force and virtue.

IN WITNESS WHEREOF the PRINCIPAL and SURETY have caused this instrument to be duly executed and sealed in their and each of their behalves, this __________ day of______________, A.D. 20___.

Witness: ____________________________________

_____________________________(SEAL)

(Principal)

_______________________________________ By:________________________________

(Witness to Principal) (President) (Co-Partner)

(Surety)

_______________________________________ By:________________________________

(Witness to Surety) (Attorney-in-Fact)

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS that we, _____________________________, as Principal (the “Principal”), and _______________________________, a company organized and existing under the 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, unto the COUNTY OF

MONTGOMERY 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 “Bid”), to perform Work for the Obligee, in connection with the _________________ Project located in ____________ Township, Montgomery County, Pennsylvania, pursuant to Drawings, Specifications and other related documents, constituting the Bidding Documents, which are incorporated into the Bid by reference (the “Contract Documents”); 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, it also is a condition of the Contract Documents that this Payment 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 Payment 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 “Contract”), the form of which Agreement is set forth in the Contract Documents.

NOW, THEREFORE, the terms and conditions of this Payment Bond are and shall be that if the Principal and any subcontractor of the Principal to whom any portion of the Work under the Contract Documents 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 Contract Documents, including, without limitation, any amendment, extension or addition to the Contract Documents, for material furnished, labor supplied or labor performed, then this Payment Bond shall be void; otherwise, this Payment Bond shall be and shall remain in force and effect.

This Payment Bond, as provided by the Act, shall be solely for the protection of claimants supplying labor or materials to the Principal, any subcontractor of the Principal, any assignees of the Principal, or any assignees of any subcontractor of the Principal in the prosecution of the Work covered by the Contract Documents, including, without limitation, any amendment, extension or addition to the Contract Documents and is conditioned for the prompt payment of all such materials furnished and labor supplied or performed in the prosecution of any portion of the Work. 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, without limitation, 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 Contract Documents. As required by the Act, the provisions of this Payment 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.

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 Contract Documents, including, without limitation, any amendment, extension or addition 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 Payment 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 or any assignees of any subcontractor of the Principal, but has no contractual relationship, express or implied, with the Principal, may institute an action upon this Payment 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 Payment 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.

This Payment 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 Contract Documents, and/or any giving by the 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 either the Principal or the Obligee toward the other with respect to the Contract Documents, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents, and/or alterations and/or changes which materially increase the liability and/or obligations of the Principal and the Surety under this Payment Bond, shall not release, and/or discharge, 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 Payment 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 and/or other material increase in the liability and obligations of the Principal and the Surety under this Payment Bond.

Provided, that it is expressly agreed that this Payment Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon any amendment to the Contract Documents not increasing the contract price in the aggregate by 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 and the Surety, for value received, does waive notice of any such amendment to the Contract Documents not increasing the contract price in the aggregate by more than twenty percent (20%). The term “Amendment”, wherever used in this Payment Bond and whether referring to this Payment Bond or the Contract Documents, shall include any alteration, addition, extension or modification, whether material or not, and 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.

In the event that the Obligee incurs legal fees (e.g., fees of attorneys, paralegals and other legal professionals) for actual or potential default or enforcement of its rights under the Contract Documents or Payment Bond, the Surety agrees to pay for all legal fees and costs incurred by the Obligee.

Any dispute resolution proceeding, legal or equitable, under this Payment Bond, shall be instituted in the Court of Common Pleas of Montgomery County and not elsewhere. In such dispute resolution proceeding, Obligee may join both Principal and Surety as parties, and Principal and Surety hereby consent to such joinder, jurisdiction and venue. This Payment Bond shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of law.

IN WITNESS WHEREOF, the Principal and the Surety cause this Payment Bond to be signed, sealed and delivered this _____ day of _______________, 20___.

(Individual Principal)

______________________________ (SEAL)

(Signature of Individual)

WITNESS: Trading and Doing Business as

(Partnership Principal)

WITNESS: ____________________________________

(Name of Partnership)

_____________________________________ BY: __________________________(SEAL)

Partner

_____________________________________ BY:___________________________(SEAL)

_____________________________________ BY:___________________________(SEAL)

(Corporate Principal)

ATTEST:

(Name of Corporation)

____________________________________ BY:_________________________________

Secretary (Assistant Secretary) President (Vice President)

(CORPORATE SEAL)

or (if appropriate)

WITNESS: ____________________________________

(Name of Corporation)

____________________________________ *BY:________________________________

(Authorized Representative)

* Attach appropriate proof, with raised corporate seal, dated as of the same date as the

Payment Bond, evidencing authority to execute on behalf of the corporation.

(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 Payment Bond, evidencing the authority of the Attorney-in-Fact to act on behalf of the Surety.

LABOR AND MATERIAL BOND

Know All Men By These Presents , that with principal place of business at _______________________________Pennsylvania, as PRINCIPAL, and _________________________________________________Pennsylvania, as SURETY, are held and firmly bound unto COUNTY OF MONTGOMERY, Pennsylvania, and its successors and assigns, unto the use of the parties interested in the sum of (____________) DOLLARS, lawful money of the United States of America, for which payment well and truly to be made the Principal and Surety have and do hereby firmly bind and oblige themselves, their heirs, personal representatives, successors and assigns.

WHEREAS, by contract or agreement in writing of even date herewith the Principal did enter into a contract with COUNTY OF MONTGOMERY, by the terms of which it, the said Principal, did agree to furnish labor, materials, and equipment necessary to, in a complete and workmanlike manner, do the said work as in said contract or agreement in writing more fully set forth, said contract being fully incorporated herein by reference with the same force and effect as if fully copied herein.

AND WHEREAS, the said contract provided that the contractor shall give an additional bond conditioned for the prompt payment of all materials furnished and all labor supplied or performed in the prosecution of the work, whether or not the material or labor entered into and became a component part of the work or improvement contemplated, which said provisions of contract are herein by reference with the same and full force and effect as if copied completely herein.

NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly pay or cause to be paid all sums of money which shall or may be due to any person, firm, partnership, association or corporation, who shall or may, whether a subcontractor or otherwise, furnish materials or supplies or perform labor in the prosecution of the work provided for and contemplated in said recited contract or agreement, whether or not the material, supplies or labor entered into and became a component part of the work or improvement contemplated, then this obligation to be void, otherwise to remain and to be in full force and virtue, in which event every and/or any such person, firm, partnership, association, and corporation who, whether as a subcontractor or otherwise, had furnished material or supplies or performed labor in the prosecution of the work above mentioned, and who has not been paid therefor may sue in assumpsit upon this obligation in the name of COUNTY OF MONTGOMERY or its successor or assigns, for his, their or its use and prosecute the same to final judgment for such sum or sums as may be justly due him, them or it, and have execution thereon;

provided only, that said COUNTY OF MONTGOMERY will not be liable for the payment of any costs or expenses in any such suit.

IN WITNESS WHEREOF the PRINCIPAL and SURETY have caused this instrument to be executed in their and each of their names and on their and each of their behalves, this _________ day of __________________, A.D. 20___.

Witness:

___________________________________ ____________________________________(SEAL)

Principal

By:_______________________________________

Surety

Waiver of Liens, No. 75

Whereas, entered into a contract with to provide materials and perform labor necessary for upon a lot of ground located

Now, therefore, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien, commonly called a mechanics lien, for the work done or materials furnished to the said building or any part thereof.

S A M P L E

This stipulation is made and intended to be filed with the County Prothonotary in accordance with the requirements of Section 1402 of the Mechanics Lien Law of 1963 of the Commonwealth of Pennsylvania in such case provided.

In Witness Whereof, the said parties hereto have hereunto set their hands and seals this day of , A.D.20

Signed, Sealed and Delivered

IN THE PRESENCE OF

__________________________________(SEAL)

___________________________________(SEAL)