Performance_and_Payment_Bonds.pdf

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF GENERAL SERVICES

Attachment O

Performance and Payment Bonds

[ATTACHMENT WILL APPEAR ON THE FOLLOWING PAGE]

PERFORMANCE BOND

(CONSTRUCTION)

(See Instructions on Reverse)

Date Bond Executed (Must be same or later than date of Contract)

PRINCIPAL (Legal Name and Address) TYPE OF ORGANIZATION (“x”)

INDIVIDUAL PARTNERSHIP

JOINT VENTURE CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name(s) and Address(es) PENAL SUM OF BOND

MILLION(S) THOUSAND(S) HUNDRED(S)

CENTS

CONTRACT DATE CONTRACT NUMBER

KNOW ALL MEN BY THESE PRESENTS. That we, the Principal and Surety(ies) hereto are firmly bounds to the District of Columbia Government, a municipal corporation, hereinafter called the District, in the above penal sum for the payment of which we bind ourselves, our heirs, executors, and successors, bind ourselves in such sum “jointly” and “severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

THE CONDITION OF THIS OBLIGATION IS SUCH,that whereas the Principal entered into the Contract identified above.

NOW THEREFORE, if the Principal shall well and truly perform and fulfill all undertakings, covenants, terms and condition, and agreements of the Contract during the original term of the Contract and any extension thereof that may be granted by the District with or without notice to the Surety, and during the life of guaranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any duly authorized modifications of the Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and shall save harmless and indemnify the District from any and all claims, delays, suits, costs, charges, damages, counsel fees, judgments and decrees to which the District may be subjected at any time on account of any infringement by the Principal of letters, patents, or copyrights, unless otherwise specifically stipulated in the Contract or on account of any injury to persons or damage to property or premises that occur as a result of any act or omission of Principal in connection with the prosecution of the work under the Contract and shall pay the same, then the above obligation shall be void; otherwise to remain in full force and virtue.

IN WITNESS WEHREOF, the Principal and Surety(ies) have executed this performance bond and have affixed their seals on the date set forth above.

PRINCIPAL

1. Signature

(Seal)

1. Attest

Corporate SealName & Title (typed) Name & Title (typed)

2. Signature

(Seal)

2. Attest

Corporate SealName & Title (typed)

Form No. DC 26-40-7 86-p4002-1 wd-206

SURETY (IES)

1. Name & Address (typed) State of Inc. Liability Limit

Corporate Seal

Signature of Attorney-in-Fact Attest (Signature)

Name & Address (typed) Name & Address (typed)

1. Name & Address (typed) State of Inc. Liability Limit

Corporate Seal

Signature of Attorney-in-Fact Attest (Signature)

Name & Address (typed) Name & Address (typed)

BOND PREMIUM

Rate Per Thousand Total Premium Name & Address of Agency or Agent Receiving Commission

INSTRUCTIONS

1. The full legal name and business address of the Principal shall be inserted in the space designated “Principal” on the face of this form. The bond shall be signed by the authorized person signing the Contract. When such person signing is other than the President or Vice-President of a corporation, evidence of authority shall be furnished. Such evidence shall be in the form of either an Extract of Minutes of a meeting of the Board of Directors, or Extract of Bylaws, certified by the Corporate Secretary, or Assistant Secretary and with Corporate Seal affixed thereto.

2. Corporations executing the bond as sureties shall be among those appearing on the U.S. Treasury Department’s list of approved sureties and shall be acting within the limitations set forth therein, and shall also be licensed by the Insurance Administration, Department of Consumer and Regulatory Affairs, to do business in the District of Columbia. The surety shall (1) insert on the bond form the name and addresses of the agency receiving the commission; and (2) attach an adequate Power-of-Attorney for each representative signing the bond.

3. Corporations executing the bond shall affix their Corporate Seals. Individuals shall sign full first name, middle initial and last name opposite the word “seal”; two witnesses shall sign and include their addresses, under the word “witness”. If executed in Maine or New Hampshire, an adhesive seal shall be affixed.

4. The name of each person signing this performance bond shall be typed in the space provided.

Rev. July 1986 86-p4002-2 wd-206

Form No. DC 26-40-8 86-p4003-1 wd-206

PAYMENT BOND

(CONSTRUCTION)

(See Instructions on Reverse)

Date Bond Executed (Must be same or later than date of Contract)

PRINCIPAL (Legal Name and Address) TYPE OF ORGANIZATION (“x”)

INDIVIDUAL PARTNERSHIP

JOINT VENTURE CORPORATION

STATE OF INCORPORATION

SURETY (IES) (Name(s) and Address(es) PENAL SUM OF BOND

MILLION(S) THOUSAND(S) HUNDRED(S) CENTS

CONTRACT DATE CONTRACT NUMBER

KNOW ALL MEN BY THESE PRESENTS. That we, the Principal and Surety(ies) hereto are firmly bounds to the District of Columbia Government, a municipal corporation, hereinafter called the District, in the above penal sum for the payment of which we bind ourselves, our heirs, executors, and successors, bind ourselves in such sum “jointly” and “severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal entered into the Contract identified above.

NOW THEREFORE, if the Principal shall well and truly perform and fulfill all undertakings, covenants, terms and condition, and agreements of the Contract during the original term of the Contract and any extension thereof that may be granted by the District with or without notice to the Surety, and during the life of guaranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any duly authorized modifications of the Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and shall save harmless and indemnify the District from any and all claims, delays, suits, costs, charges, damages, counsel fees, judgments and decrees to which the District may be subjected at any time on account of any infringement by the Principal of letters, patents, or copyrights, unless otherwise specifically stipulated in the Contract or on account of any injury to persons or damage to property or premises that occur as a result of any act or omission of Principal in connection with the prosecution of the work under the Contract and shall pay the same, then the above obligation shall be void; otherwise to remain in full force and virtue.

IN WITNESS WEHREOF, the Principal and Surety (ies) have executed this payment bond and have affixed their seals on the date set forth above.

PRINCIPAL

1. Signature

(Seal)

1. Attest

Corporate SealName & Title (typed) Name & Title (typed)

2. Signature

(Seal)

2. Attest

Corporate SealName & Title (typed)

SURETY (IES)

1. Name & Address (typed) State of Inc. Liability Limit

Corporate Seal

Signature of Attorney-in-Fact Attest (Signature)

Name & Address (typed) Name & Address (typed)

1. Name & Address (typed) State of Inc. Liability Limit

Corporate Seal

Signature of Attorney-in-Fact Attest (Signature)

Name & Address (typed) Name & Address (typed)

BOND PREMIUM

Rate Per Thousand Total Premium Name & Address of Agency or Agent Receiving Commission

INSTRUCTIONS

1. The full legal name and business address of the Principal shall be inserted in the space designated “Principal” on the face of this form. The bond shall be signed by the authorized person signing the Contract. When such person signing is other than the President or Vice-President of a corporation, evidence of authority shall be furnished. Such evidence shall be in the form of either an Extract of Minutes of a meeting of the Board of Directors, or Extract of Bylaws, certified by the Corporate Secretary, or Assistant Secretary and with Corporate Seal affixed thereto.

2. Corporations executing the bond as sureties shall be among those appearing on the U.S. Treasury Department’s list of approved sureties and shall be acting within the limitations set forth therein, and shall also be licensed by the Insurance Administration, Department of Consumer and Regulatory Affairs, to do business in the District of Columbia. The surety shall (1) insert on the bond form the name and addresses of the agency receiving the commission; and (2) attach an adequate Power-of-Attorney for each representative signing the bond.

3. Corporations executing the bond shall affix their Corporate Seals. Individuals shall sign full first name, middle initial and last name opposite the word “seal”; two witnesses shall sign and include their addresses, under the word “witness”. If executed in Maine or New Hampshire, an adhesive seal shall be affixed.

4. The name of each person signing this payment bond shall be typed in the space provided.