4-06 - Bond Forms.pdf

Bond No.

STATE OF TEXAS §

COUNTY OF JOHNSON §

KNOW ALL BY THESE PRESENTS:

Performance Bond

THAT , of the City of , County of , State of , hereinafter referred to as “PRINCIPAL,” and , a corporate surety/ sureties organized under the laws of the State of and authorized to do business in the

State of Texas, hereinafter referred to as “SURETY,” (whether one or more), are held and firmly bound unto the CITY OF BURLESON, TEXAS, a municipal corporation located in Johnson County, Texas, hereinafter referred to as “CITY,” in the amount of

DOLLARS ($ ), lawful money of the United States, to be paid in Burleson, Johnson

County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, assigns, administrators and successors, jointly and severally; and firmly by these presents, the condition of this obligation is such that, WHEREAS, PRINCIPAL entered into a certain written Contract with the City of Burleson dated the day of , 20 , a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of:

City of Burleson

Standby Generator Replacements in the City of Burleson, Texas, as more particularly described and designated in the above referenced Contract such Contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word:

NOW THEREFORE,

If PRINCIPAL shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of the above referenced Contract in accordance with the plans, specifications and Contract documents during the original term thereof, and any extension thereof which may be granted with or without notice to SURETY, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all the covenants, terms, conditions and agreements of any and all authorized modifications of such Contract that may hereafter be made, notice of which modifications to SURETY being hereby waived, then this obligation shall be void, otherwise to remain in full force and effect; and in case PRINCIPAL shall fail to do so, it is agreed that CITY may do such work and supply such materials and charge the same against PRINCIPAL and SURETY on this obligation, and PRINCIPAL and SURETY hereon shall be subject to the liquidated damages mentioned in the Contract for each day’s failure on its part to comply with the terms and provisions of such

Contract. Provided, further, that if any legal action be filed on this Bond, venue shall lie in Johnson

County, Texas. And, that SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder.

The undersigned and designated agent is hereby designated by SURETY as the agent resident in either

Tarrant or Johnson County to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship.

IN WITNESS WHEREOF, this instrument is executed on this the day of

, 20 .

WITNESS PRINCIPAL

Company Signature

Typed/Printed Name Signature

Title Typed/Printed Name

Address Title

City State Zip Address

City State Zip

WITNESS SURETY

Company

Signature

Typed/Printed Name Signature

Title Typed/Printed Name

Address Title

City State Zip Address

City State Zip

(Raised Seal)

STATE OF TEXAS §

COUNTY OF JOHNSON §

KNOW ALL BY THESE PRESENTS:

Payment Bond

THAT , of the City of , County of , State of , hereinafter referred to as “PRINCIPAL,” and , a corporate surety/ sureties organized under the laws of the State of and authorized to do business in the

State of Texas, hereinafter referred to as “SURETY,” (whether one or more), are held and firmly bound unto the CITY OF BURLESON, TEXAS, a municipal corporation located in Johnson County, Texas, hereinafter referred to as “CITY,” in the amount of

DOLLARS ($ ), lawful money of the United States, to be paid in Burleson, Johnson

County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, assigns, administrators and successors, jointly and severally; and firmly by these presents, the condition of this obligation is such that, WHEREAS, PRINCIPAL entered into a certain written Contract with the City of Burleson dated the day of , 20 , a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of:

City of Burleson Standby Generator Replacements in the City of Burleson, Texas, as more particularly described and designated in the above referenced Contract such Contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word:

NOW THEREFORE,

If PRINCIPAL shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and materials in the prosecution of the work provided for in the above referenced Contract and any and all duly authorized modifications of such Contract that may hereafter be made, notice to SURETY of such modifications being hereby waived, then this obligation shall be void, otherwise to remain in full force and effect.

PROVIDED, further, that if any legal action be filed on this Bond, venue shall lie in Johnson

County, Texas.

And, that such SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work performed thereunder, or the plans, specifications, drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder.

This Bond is given pursuant to the provisions of Chapter 2253 of the Government Code, as amended. The terms "payment bond beneficiar y," "public work labor," and "public work material," as used herein, are in accordance with and as defined in the relevant provisions of Chapter

2253 of the Government Code.

The undersigned and designated agent is hereby designated by SURETY herein as the resident agent in either Tarrant or Johnson Counties to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship.

IN WITNESS WHEREOF, this instrument is executed on this the day of , 20 .

Company Signature

Typed/Printed Name Signature

Title Typed/Printed Name

Address Title

City State Zip Address

City State Zip

WITNESS SURETY

Company

Signature

Typed/Printed Name Signature

Title Typed/Printed Name

Address Title

City State Zip Address

City State Zip

(Raised Seal)

STATE OF TEXAS §

COUNTY OF JOHNSON §

KNOW ALL BY THESE PRESENTS:

Maintenance Bond

THAT , of the City of , County of , State of , hereinafter referred to as “PRINCIPAL,” and , a corporate surety/ sureties organized under the laws of the State of and authorized to do business in the

State of Texas, hereinafter referred to as “SURETY,” (whether one or more), are held and firmly bound unto the CITY OF BURLESON, TEXAS, a municipal corporation located in Johnson County, Texas, hereinafter referred to as “CITY,” in the amount of

DOLLARS ($ ), lawful money of the United States, to be paid in Burleson, Johnson

County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, assigns, administrators and successors, jointly and severally; and firmly by these presents, the condition of this obligation is such that, WHEREAS, PRINCIPAL entered into a certain written Contract with the City of Burleson dated the day of , 20 , a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of:

City of Burleson

Standby Generator Replacements in the City of Burleson, Texas, as more particularly described and designated in the above referenced Contract such Contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word:

NOW THEREFORE,

If PRINCIPAL will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance and perform all necessary work and repair any defective condition growing out of or arising in any part of the construction of said improvement, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by PRINCIPAL; then this obligation shall be void, otherwise it shall remain in full force and effect; and in case PRINCIPAL shall fail to do so, it is agreed that CITY may do such work and supply such materials and charge the same against

PRINCIPAL and SURETY on this obligation, and in addition, PRINCIPAL and SURETY herein shall be subject to the liquidated damages as provided in the Contract referred to herein for each day's failure on its part to comply with the terms and provisions of such Contract.

Provided, further, that if any legal action be filed on this Bond, venue shall lie in Johnson County, Texas.

And, that SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying same shall in any way affect its obligation on this

Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the

Contract or to the work to be performed thereunder.The undersigned and designated agent is hereby designated by SURETY as the resident agent in either Tarrant or Johnson County to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship.

IN WITNESS WHEREOF, this instrument is executed on this the day of

, 20 .

Company Signature

Typed/Printed Name Signature

Title Typed/Printed Name

Address Title

City State Zip Address

City State Zip

WITNESS SURETY

Company Signature

Typed/Printed Name Signature

Title Typed/Printed Name

Address Title

City State Zip Address

City State Zip

(Raised Seal)

The Resident Agent of the SURETY in either Tarrant or Johnson County, Texas, for delivery of notice and service of process is:

NAME

ADDRESS