Exhibit G Payment and Performance Bonds.docx

DOCX document 25 KB Posted

Attached to
Progressive Design-Build Services for 2024 Sewer Implementation 2024-022
Solicitation number
PE-72600-NONST-2024-000000010
Issued by
Talbot County, Georgia

About this file

This document contains a Payment Bond and a Performance Bond for the "Progressive Design-Build Services for 2024 Sewer Implementation" project, which is being undertaken by the Spalding County Water & Sewerage Facilities Authority in Georgia. The Payment Bond ensures that any subcontractors, suppliers, or other parties providing labor, services, or materials for the project will be paid, while the Performance Bond guarantees that the contractor will fully and completely perform all the terms and requirements of the contract. The project involves providing progressive design-build services, including preconstruction services, final design, construction, and commissioning for the sewer implementation project.

The bonds are each valued at 110% of the contract amount, with the Principal (the contractor) and the Contractor's Surety being jointly and severally liable. The bonds specify that any action on them must be brought within the time allowed by Georgia law for suits on contracts under seal. No other pricing terms, set asides, funding sources, or additional details about the contract opportunity are provided in the document.

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Text version

EXHIBIT “G” Payment Bond

SPALDING COUNTY WATER & SEWERAGE FACILITIES AUTHORITY

KNOW ALL MEN BY THESE PRESENTS THAT ___________________________. (as CONTRACTOR, hereinafter referred to as the “Principal”), and _______________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto Spalding County Water & Sewerage Facilities Authority (as OWNER, hereinafter referred to as the “Authority”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of __________________ ($0.00), equal to One Hundred and Ten Percent (110%) of the Contract Amount, lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the Authority for the implementation of a project known as Progressive Design-Build Services for 2024 Sewer Implementation Project (hereinafter referred to as “the PROJECT”), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”).
NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect.
A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project.
In the event of any claim made by the Claimant against the Authority, or the filing of a Lien against the property of the Authority affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract.
The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal.

IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below.

[SIGNATURES ON FOLLOWING PAGE]

CONTRACTOR (“Principal”):

By:__________________________ (signature)
__________________________ (printed)
Title:__________________________ (SEAL)
Date:__________________________

Attest:

______________________ (signature) ______________________ (printed) Title: _________________ Date: __________________

CONTRACTOR’S SURETY:
_________________________
By:_________________________ (signature)
_________________________ (printed)

Title: _________________________ (SEAL) Date: __________________________ Attest:

_____________________ (signature) _____________________ (printed) Title: ________________ Date: _________________

(ATTACH SURETY’S POWER OF ATTORNEY)

Performance Bond

SPALDING COUNTY WATER & SEWERAGE FACILITIES AUTHORITY

KNOW ALL MEN BY THESE PRESENTS THAT____________________. (as CONTRACTOR, hereinafter referred to as the “Principal”), and _____________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto Spalding County Water & Sewerage Facilities Authority (as OWNER, hereinafter referred to as the “Authority”), for the use and benefit of the Authority, in the sum of ______________________($0.00), equal to One Hundred and Ten Percent (110%) of the Contract Amount, lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the Authority for the implementation of a project known as Progressive Design-Build Services for 2024 Sewer Implementation (hereinafter referred to as “the PROJECT”), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”).
NOW THEREFORE, the conditions of this obligation are as follows:

1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the Authority from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the Authority may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect;

1. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract:

1. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the Authority to the Contractor’s Surety; and

1. The means, method, or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the Authority.

The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, as set forth below.

CONTRACTOR (“Principal”):

By: __________________________ (signature)

__________________________ (print)

Title:___________________________ (SEAL)
Attest:Date:___________________________

_____________________ (signature) _____________________ (print) Title: ________________ Date: _________________

CONTRACTOR’S SURETY:

By:__________________________ (signature)
__________________________ (print)
Title:__________________________ (SEAL) Attest:Date:__________________________

_____________________ (signature) _____________________ (print) Title: ________________ Date: _________________

(ATTACH SURETY’S POWER OF ATTORNEY)

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