APPENDIX S - Payment and Performance Bond Forms.pdf

MASSACHUSETTS TRIAL COURT | REGION 3 CHILLER

SERVICE AGREEMENT

Region 3 Chiller Service Agreement RFP | Page 29 of 30

COMMONWEALTH OF MASSACHUSETTS

MASSACHUSETTS TRIAL COURT

REQUEST FOR PROPOSALS

Region 3 Chiller and Associated HVAC Equipment Preventive Maintenance and Repair Service Agreement

APPENDIX S

Payment and Performance Bond Forms

This appendix is incorporated by reference into the Region 3 Chiller Service Agreement Request for Proposals.

Facilities Management & Capital Planning

DCAMM Payment Bond Rev. 10/19

PAYMENT BOND

Know all men by these presents, that as principal, and __________________________________________________________ as surety, are held and firmly bound unto the Commonwealth of Massachusetts in the sum of in lawful money of the United States of America, to be paid to the Commonwealth of Massachusetts, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the said principal has made a Contract with the Commonwealth acting through its Executive Office of the Trial Court, Office of Court Management, Facilities Management & Capital Planning (“Awarding Authority”) bearing date of _________________________, 20____, for the construction of Project No.

___________ Contract No. Project Name _ _ Said Contract and Contract Documents are incorporated herein by reference.

Now the condition of this obligation is such that if the principal shall pay for all labor performed or furnished and for all materials used or employed in said Contract and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said Contract that may hereafter be made, notice to the surety of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to include any other purpose or items set out in, and to be subject to, provisions of Massachusetts General Laws Chapter 30, section 39A, and Chapter 149, section 29, as amended, then this obligation shall become null and void; otherwise it shall remain in full force and virtue.

In witness whereof we hereunto set our hand and seals this _________ day of _________________________, 20__.

____________________________ (Seal) ____________________________(Seal) (Print Name of General Contractor) (Print Name of Surety)

By _________________________ ____________________________ (Signature - Title) (Signature - Title)

Surety Address _______________________

DCAMM Performance Bond 10/19

PERFORMANCE BOND

Know all men by these presents, that as principal, and _________________________________________________________ as surety, are held and firmly bound unto the Commonwealth of Massachusetts in the sum of in lawful money of the United States of America, to be paid to the Commonwealth of Massachusetts, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the said principal has made a Contract with the Commonwealth, acting through its Executive Office of the Trial Court, Office of Court Management, Facilities Management & Capital Planning (“Awarding Authority”), bearing date of _________________, 20____, for the construction of Project No. ________ Contract No.

Project Name ______________________________________________________________ Said Contract and Contract Documents are incorporated herein by reference.

Now the condition of this obligation is such that if the principal shall well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of said Contract and any extensions thereof that may be granted by the Commonwealth, with or without notice to the surety, and during the life of any guarantee required under the Contract, and shall also well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of any and all duly authorized modifications, alterations, changes or additions to said Contract that may hereafter be made, notice to the surety of such modifications, alterations, changes or additions being hereby waived, then this obligation shall become null and void; otherwise it shall remain in full force and virtue.

In the event that the Contract is abandoned by the Contractor, or is terminated by the Commonwealth under the provisions of said Contract, said surety shall, if requested in writing by the Commonwealth, take such action as is necessary to complete the Contract.

In witness whereof we hereunto set our hand and seals this ________ day of ________________, 20_____.

_________________________________(Seal) _______________________(Seal) (Print Name of General Contractor (Print Name of Surety)

BY_________________________________ BY__________________________

(Signature - Title) (Signature - Title)

Surety Address_______________________