Attachment_2_Sample_Performance_Bond.pdf

ATTACHMENT TWO

Sample Performance Bond

BOND NO. #

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that We, Contractor name Contractor address Contractor telephone

(hereinaf ter called the “Principal”), whose principal business address and telephone number is as stated above; and

Surety name Surety address Surety telephone

(hereinaf ter called the “Surety”), whose principal address and telephone number is as stated above, a surety insurer chartered and existing under the laws of the State of state name and authorized to do business in the State of Tennessee;

are held and f irmly bound unto the State of Tennessee Department of General Services Central Procurement Office (“State”), whose principal address is 312 Rosa L. Parks Avenue, 3rd Floor, Nashville, TN 37243, and whose principal telephone number is 615-741-1035 in the penal sum of written amount ($ number) for payment of which we bond ourselves, our heirs, our personal representatives, our successors and our assignees, jointly and severally.

WHEREAS, Principal has entered into a contract with State for solicitation name (Solicitation No.

#32901-31328) (the “Contract”) in accordance with the scope of services and deliverables (the “Scope”) set forth in Section reference of the Contract.

THE CONDITION OF THIS BOND is that if Principal:

1. Performs the Contract at the times and in the manner prescribed in the Contract; and

2. Pays State any and all losses, damages, costs and attorneys’ fees, including appellate proceedings, that State sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by State;

and

3. Performs, to the satisfaction of State the Scope under the Contract for the time specif ied in the

Contract;

then this bond is void; otherwise it remains in full force.

The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to in the Contract shall in anyway affect its obligation under this bond. The Surety waives notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to the Scope.

It is expressly understood the time provision under Tenn. Code Ann. § 12-3-502 shall apply to this bond.

Bond must be received within fourteen (14) calendar days of receipt of request by the State or a Delegated State Agency.

By execution of this bond, the Surety acknowledges that it has read the Surety qualif ications and obligations imposed by the Contract and hereby satisf ies those conditions.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Signed, sealed and delivered In the presence of : PRINCIPAL:

Contractor name

By:

(Contractor’s authorized signatory)

(Printed name and title)

STATE OF TENNESSEE

COUNTY OF __________________

On this ___________ day of ____________, 20 _________, before me personally appeared _____________________________________________, to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that such person (or persons) executed the same as such person (or person's) f ree act and deed.

Notary Public Printed Name: ______________________ Commission Expires:

Signed, sealed and delivered In the presence of : SURETY:

Surety name

By:

(Surety’s authorized signatory)

(Printed name and title)

STATE OF TENNESSEE

COUNTY OF __________________

On this ___________ day of ____________, 20 _________, before me personally appeared _____________________________________________, to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that such person (or persons) executed the same as such person (or person's) f ree act and deed.

Notary Public Printed Name: ______________________ Commission Expires: