5-Bonds.pdf

BID BOND

KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED

as PRINCIPAL; and as SURETY, are held and firmly bound unto , hereinafter called the "OWNER," in the penal sum of Dollars ($ ), lawful money of the United

States of America, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , , for

(description of work).

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after the said opening, and shall within the period specified therefore, or if no period be specified, with ten

(10) days after the prescribed forms are presented to him/her for signature, enter into a written

Contract with the OWNER in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the time specified, if the Principal shall pay the OWNER may procure the required Work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presentees signed by its undersigned representative, pursuant to authority of its governing body.

INDIVIDUAL OR PARTNERSHIP PRINCIPALS

(SEAL)

In the presence of: (SEAL)

CORPORATE PRINCIPAL

ATTEST:

BY:

(SEA

L) SURETY

ATTEST:

BY: (SEAL)

Countersigned:

BY:

Attorney-in-fact, State of

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the , Principal in the within bond; that , who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested to for and on behalf of said Corporation by authority of his/her governing body.

(CORPORATE SEAL)

Title:

KNOW ALL MEN THESE PRESENTS:

MAINTENANCE BOND

That

(Contractor name, complete address including ZIP Code and legal title) as Principal, hereinafter called Contractor, and

(Surety name and complete address including ZIP Code) a corporation organized and existing under the laws of the State of , with its principal office in the City of as Surety, hereinafter called Surety, are held firmly bound unto

(Owner name, complete address including ZIP Code and legal title) as Obligee, hereinafter called Owner, in the amount of

Dollars ( ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of two (2) years from and after the date of completion and acceptance of same by Owner, replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, after such period this obligation shall be null and void; otherwise it will remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by the Owner.

Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly:

1. Complete the CONTRACT in accordance with its terms and conditions, and

2. Shall save the Owner harmless from any claims, judgments, or liens arising from the Surety’s failure to either remedy the default or to complete the CONTRACT in accordance with its terms and conditions in a timely manner.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner.

Signed and sealed this * day of 20 .

Principal Raised Corporate Seal (MUST BE AFFIXED)

(Contractor Name)

BY: (Seal)

(Must be President, Vice President, Owner, Partner, Manager, or Member)

Surety Raised Corporate Seal (MUST BE AFFIXED) (Title)

(Surety)

BY: (Seal)

NOTE: Raised Corporate Seals are mandatory. NOTE: Applicable sections of attached acknowledgements Please attach Power of Attorney. must be completed and returned as part of the bond.* Power of Attorney must be certified on this date or later.

ACKNOWLEDGEMENTS

Acknowledgment by Principal if Individual or Partnership

1. STATE OF

2. County of to wit:

3. I, , a Notary Public in and for the

4. county and state aforesaid, do hereby certify that whose name is signed to the foregoing writing, has this day acknowledged the same before me in my said county.

5. Given under my hand this day of 20

6. Notary Seal 7.

(Notary Public)

8. My commission expires on the day of 20

Acknowledgment by Principal if Corporation

9. STATE OF

10. County of to wit:

11. I, , a Notary Public in and for the

12. county and state aforesaid, do hereby certify that

13. who as, signed the foregoing writing for

14. a corporation, has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation.

15. Given under my hand this day of 20

16. Notary Seal 17.

18. My commission expires on the day of 20

Acknowledgment by Surety

19. STATE OF

20. County of to wit:

21. I, , a Notary Public in and for the

22. county and state aforesaid, do hereby certify that

23. who as, signed the foregoing writing for

24. a corporation, has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation.

25. Given under my hand this day of 20

26. Notary Seal 27.

28. My commission expires on the day of 20

Sufficiency in Form and Manner Of Execution Approved

Attorney General

This day of 20 BY:

(Deputy Attorney General)

ACKNOWLEDGEMENTS PREPARATION INSTRUCTIONS

1. IF PRINCIPAL IS AN INDIVIDUAL OR PARTNERSHIP, HAVE NOTARY COMPLETE LINES (1) THROUGH (8).

2. IF PRNICIPAL IS A CORPORATION, HAVE NOTARY COMPLETE LINES (9) THROUGH (18).

3. SURETY MUST HAVE NOTARY COMPLETE LINES (19) THROUGH (28).

4. Notaries must:

ACKNOWLEDGEMENT BY PRINCIPAL, IF INDIVIDUAL OR PARTNERSHIP

1. Enter name of State.

2. Enter name of County.

3. Enter name of Notary Public witnessing transactions.

4. Enter name of principal covered by bond if individual or partnership. (Must be Owner or General Partner of Sole Proprietorship or

Partnership)

5. Notary enters date bond was witnessed. Must be the same as or later than signature date.

6. Affix Notary Seal.

7. Notary affixes his/her signature.

8. Notary enters commission expiration date.

ACKNOWLEDGEMENT BY PRINCIPAL IF CORPORATION

9. Enter name of State.

10. Enter name of County.

11. Enter name of Notary Public witnessing transactions.

12. Enter name of Corporate Officer signing bond.

13. Enter Title of Corporate Officer signing bond (Must be President or Vice President of Corporation; Manager or Managing Member of Limited Liability Company)

14. Enter name of Company or Corporation.

15. Notary enters date bond was witnessed. Must be the same as or later than signature date.

16. Affix Notary Seal.

17. Notary affixes his/her signature.

18. Notary enters commission expiration date.

ACKNOWLEDGEMENT BY SURETY

19. Enter name of State.

20. Enter name of County.

21. Enter name of Notary Public witnessing transactions.

22. Enter name of person having power of attorney to bind Surety Company.

23. Enter Title of person binding Surety Company.

24. Enter name of Insurance Company (Surety).

25. Notary enters date bond was witnessed. Must be the same as or later than signature date.

26. Affix Notary Seal.

27. Notary affixes his/her signature.

28. Notary enters commission expiration date.

POWER OF ATTORNEY INSTRUCTIONS

Power of attorney for surety must be attached showing that it was in full force and effect on signature date indicated on the face of the bond. A raised corporate seal must also be affixed to the Power of Attorney form.

a. Name of attorney in fact must be listed.

b. Power of Attorney may not exceed imposed limitations.

c. Certificate date, the signature date of bond must be entered.

d. Signature of authorizing official must be affixed. (Signature may be facsimile).

e. Raised seal must be affixed.

MODIFIED version of EJCDC® C-615, Payment BondCopyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Payment Bond

PAYMENT BOND

CONTRACTOR (name and address): SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Modifications to this Bond Form: None See Paragraph 18

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

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

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

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the

Owner to pay for labor, materials, and equipment furnished for use in the performance of the

Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this

Bond.

3. If there is no Owner Default under the

Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the

Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph

13) of claims, demands, liens, or suits against the

Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in

Paragraph 3, the Surety shall promptly and at the

Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this

Bond shall arise after the following:

5.1 Claimants who do not have a direct

contract with the Contractor,

5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety

(90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2 have sent a Claim to the Surety (at the address described in Paragraph

13).

5.2 Claimants who are employed by or have

a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13).

6. If a notice of non-payment required by

Paragraph 5.1.1 is given by the Owner to the

Contractor, that is sufficient to satisfy a

Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of

Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1 Send an answer to the Claimant, with a

copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2 Pay or arrange for payment of any

undisputed amounts.

7.3 The Surety’s failure to discharge its

obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the

Claimant incurs thereafter to recover any sums found to be due and owing to the

Claimant.

8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under

Paragraph 7.3, and the amount of this Bond shall

MODIFIED version of EJCDC® C-615, Payment BondCopyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Payment Bond be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the

Owner’s priority to use the funds for the completion of the work.

10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the

Contractor that are unrelated to the Construction

Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond.

11. The Surety hereby waives notice of any change, including changes of time, to the Construction

Contract or to related subcontracts, purchase orders, and other obligations.

12. No suit or action shall be commenced by a

Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction

Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph

5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or

Claims, however accomplished, shall be sufficient compliance as of the date received.

14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.

When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the

Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.

16. Definitions

16.1 Claim: A written statement by the

Claimant including at a minimum:

1. The name of the Claimant;

2. The name of the person for whom the labor was done, or materials or equipment furnished;

3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the

Construction Contract;

4. A brief description of the labor, materials, or equipment furnished;

5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction

Contract;

6. The total amount earned by the

Claimant for labor, materials, or equipment furnished as of the date of the Claim;

7. The total amount of previous payments received by the Claimant; and

8. The total amount due and unpaid to the

Claimant for labor, materials, or equipment furnished as of the date of the Claim.

16.2 Claimant: An individual or entity having a

direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract.

The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of

“labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction

Contract, architectural and engineering services required for performance of the work of the Contractor and the

Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

16.3 Construction Contract: The agreement

between the Owner and Contractor identified on the cover page, including all

Contract Documents and all changes made to the agreement and the Contract

Documents.

16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the

Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

16.5 Contract Documents: All the documents

that comprise the agreement between the

Owner and Contractor.

17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be

Contractor.

18. Modifications to this Bond are as follows:

PERFORMANCE BOND

CONTRACTOR (name and address): SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Description (name and location):

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Modifications to this Bond Form: None See Paragraph 16

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

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (attach power of attorney)

Print Name Print Name

Attest: Attest:

Signature Signature

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to

Contractor, Surety, Owner, or other party shall be considered plural where applicable.

Performance Bond

MODIFIED version of EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

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, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction

Contract, the Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the

Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the

Surety; and

3.3 The Owner has agreed to pay the Balance of

the Contract Price in accordance with the terms of the

Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of

Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1 Arrange for the Contractor, with the consent of

the Owner, to perform and complete the Construction

Contract;

5.2 Undertake to perform and complete the

Construction Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from

qualified contractors acceptable to the Owner for a contract for performance and completion of the

Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the

Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount

for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and

notify the Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph

5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

MODIFIED version of EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

7. If the Surety elects to act under Paragraph 5.1, 5.2, or

5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the

Construction Contract, and the responsibilities of the

Owner to the Surety shall not be greater than those of the

Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the

Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the

Construction Contract;

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the

Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or

5.4, the Surety’s liability is limited to the amount of this

Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the

Construction Contract, and the Balance of the Contract

Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this 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 shall be instituted within two years after a declaration of Contractor Default or within two years after the

Contractor ceased working or within two years after the

Surety refuses or fails to perform its obligations under this

Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this

Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1 Balance of the Contract Price: The total

amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the

Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction

Contract.

14.2 Construction Contract: The agreement

between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract

Documents.

14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the

Construction Contract.

14.4 Owner Default: Failure of the Owner, which

has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5 Contract Documents: All the documents that

comprise the agreement between the Owner and

Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this

Bond shall be deemed to be Subcontractor and the term

Owner shall be deemed to be Contractor.

16. Modifications to this Bond are as follows:

MODIFIED version of EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,