Encl. 1 - Attachment 7 Performance Bond dated 12-14-20.pdf

Date Printed 4/14/2023 1 of 4 Date Approved 12/14/2020

PROCUREMENT AND PROPERTY MANAGEMENT DIVISION

BROOKHAVEN NATIONAL LABORATORY

Managed by Brookhaven Science Associates, LLC under contract to the U.S. Department of Energy

ACQUISITION MANAGEMENT SYSTEM FORM

Form No. AMS-Form-024

Revision No. 1.2

APPROVED BY:

L. McKnight / 12/14/2020

PPM Manager/Date

Performance Bond Date Bond Executed (Must be later than date of contract):

PRINCIPAL (Legal name and business address) Legal Name:

Address:

City, St. Zip , Type of Organization (“X” one) Individual Partnership Joint Venture Corporation

State of Incorporation:

SURETY(IES) (Name and business address) Name:

Address:

City, St. Zip , PENAL SUM OF BOND

Million(s)

Thousand(s)

Hundred(s)

Cents

Contract Name/Title

Contract Date

Contract Number

OBLIGATION:

We, the Principal and Surety(ies), are firmly bound to the Brookhaven Science Associates L.L.C. and any successor Contractor to operate Brookhaven National Laboratory, (hereinafter called the Obligee) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in sum “jointly and severally,” as well as “severally” only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.

CONDITIONS:

The Principal has entered into the contract identified above.

THEREFORE:

The above obligation is void if the Principal:

a) Performs and fulfills all the undertakings, covenants, terms, conditions, and agreements of the contract during the original term of the contract and any extensions thereof that are granted by the Obligee, with our without notice to the Surety(ies), and during the life of any guaranty required under the contract, and performs and fulfills all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the contract that hereafter are made. Notice of those modifications to the Surety(ies) are waived.

b) Pays to the Obligee the full amount of the taxes imposed by the Government if the said contract is subject to the Miller Act (40 U.S.C.270a-270e), which are collected, deducted, or withheld from wages paid by the Principle in carrying out the construction contract with respect to which this bond is furnished.

Should the contract amount, as defined, be increased by change orders, then the penal amount of this Bond shall likewise be increased by the amount of such change orders; it is the intent of the Surety that the penal sum of this Performance Bond shall cover the full contract amount, all indemnity, warranty, and guarantee provisions thereunder, and as increased by change orders and/or any modifications to the contract.

Whenever the Principal is in default due to a material breach of the Contract, or if the Obligee determines the Principal has failed and/or neglected to fully respond to cure notices associated with the material breach, and/or should the Principal file for Bankruptcy, at the Obligee’s sole option and at the Surety’s sole expense, upon demand, the Surety shall immediately, but no later than thirty (30) days after receiving Notice and Demand by the Obligee of the Principal’s default, take one of the actions set forth below when requested to do so by the Obligee:

Date Printed 4/14/2023 2 of 4 Date Approved 12/14/2020

a) Commence obtaining bids from qualified replacement contractors acceptable to Obligee for performance and completion of the work under the contract. Surety agrees it shall submit the replacement contractor for approval by the Obligee and further agrees to commence and diligently perform work within thirty (30) days after receipt of the Obligee’s first thirty (30) day Notice referenced above. The Surety shall cause the work to be completed in accordance with the terms and conditions of the contract documents.

Surety shall ensure its replacement contractor is fully staffed at all times with sufficient manpower, tools, materials, and supervisory personnel to progress the work in a timely fashion.

b) The Surety and Principal jointly and severally acknowledge time is of the essence and progress of the work cannot be delayed.

The Surety and Principal jointly and severally agree in the event of the default as outlined and/or defined in the Bond and/or Bankruptcy, physical work at the site must continue without interruption. The Surety will act as the general contractor until the replacement contractor Is selected.

c) At the sole option of the Obligee, the Surety agrees it shall immediately, but no later than thirty (30) business days of receipt of Obligee’s demand, provide 100% of the costs to complete work under the contract, including any costs for acceleration and overtime to meet the project schedule, into an escrow account.

Surety and Principal jointly and severally agree Surety’s obligation under this Bond, in addition to all obligations set forth in all paragraphs of this Performance Bond and the contract documents, and its Principal’s indemnity obligation under the Subcontract shall include but not be limited to correction of any and all defective work, cleanup costs, environmental clean-up costs, latent defects, additional legal, engineering, design and delay costs, liquidated damages if assessed against Obligee by Owner, and/or any damages assessed against Obligee by any party caused by either Principal and/or Surety’s delayed performance or any non-performance or resulting from Principal’s default and/or resulting from the actions or failure to act of the Surety.

In the event the Surety and/or Principal refuses or fails to perform any and all of its obligations under this Performance Bond, or does not proceed in accordance with any and all provisions and paragraphs of this Performance Bond, immediately, but no later than thirty (30) days after receiving an additional second written notice by the Obligee of the Principal’s and/or the Surety’s default, demanding the Surety to perform its obligations hereunder, it is hereby acknowledged and agreed to jointly and severally by said Surety and Principal that the Surety shall be deemed to be in default under this Performance Bond and further agrees Obligee shall be entitled to enforce any remedy available to Obligee under this Performance Bond.

The Surety shall be responsible for all costs and damages that Obligee may suffer as a result of Surety’s breach of its obligations in this Performance Bond, in addition to the above penal amount of this Performance Bond.

WITNESS:

The Principal and Surety(ies) executed this bid bond and affixed their seals on the above date.

PRINCIPAL

Signature(s) 1.

(Seal)

2.

(Seal)

3.

(Seal) Corporate

Seal Name(s) and Title(s) typed

1.

3.

INDIVIDUAL SURETY(IES)

Signature(s) 1.

(Seal)

2.

(Seal)

Name(s) (Typed)

CORPORATE SURETY(IES)

S U

R E

T Y

A

Name:

Address:

City, St. Zip:

State of Inc.

Liability Limit ($)

Corporate Seal Signature(s) 1. 2.

Name(s) and

Date Printed 4/14/2023 3 of 4 Date Approved 12/14/2020

Performance Bond (Continued)

CORPORATE SURETY(IES) (Continued)

U

R E

T

B

U

R E

T

C

R E

T

D

R E

T

E

R E

T

F

Date Printed 4/14/2023 4 of 4 Date Approved 12/14/2020

Performance Bond (Continued) CORPORATE SURETY(IES) (Continued)

S U

R E

T

G

Instructions

1. This form is authorized for use when a performance guaranty is required. Any deviation from this form will require the written approval of the Procurement and Property Management Division Manager.

2. Insert the full legal name and business address of the Principal in the space designated “Principal” on Page 1 of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. a. Corporations executing the bond as sureties must appear on the Department of Treasury’s list of approved sureties and must act within the limitations listed therein. Where more than one corporate surety is involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed “CORPORATE SURETY(IES).” In the space designated “SURETY(IES)” on the face of the form, insert only the letter identification of the sureties.

b. Where individual sureties are involved, a completed Standard Form 28 - Affidavit of Individual Surety, for each individual surety, shall accompany the bond. The Obligee may require the surety to furnish additional substantiating information concerning its financial capability.

4. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word “Corporate Seal”, and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

5. Type the name and title of each person signing this bond in the space provided.