Performance_Bond,_Payment_Bond,_Maintenance_Bond.pdf

PERFORMANCE BOND

THE STATE OF TEXAS § BOND NO. ____________

COUNTY OF Ellis § BOND EXECUTED IN SIX (6) ORIGINALS

KNOW ALL BY THESE PRESENTS:

THAT: [contractor name] .

of the City of , County of

State of hereinafter referred to as "PRINCIPAL," and

,a corporate surety/sureties organized under the laws of the State of ___Texas______ and authorized to do business in the State of Texas, hereinafter referred to as "SURETY," (whether one or more), are held and firmly bound unto the CITY OF WAXAHACHIE, TEXAS, a municipal corporation located in Ellis County, Texas, hereinafter referred to as "CITY," in the amount of $ , lawful money of the United States, to be paid in Waxahachie, Ellis County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, assigns, administrators and successors, jointly and severally; and firmly by these presents, the condition of this obligation is such that, WHEREAS, PRINCIPAL entered into a certain written Contract with the City of

Waxahachie dated the _______ day of ___________, 20_____, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of:

Mustang Creek Park Improvements in the City of Waxahachie, Texas, as more particularly described and designated in the above referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word:

NOW THEREFORE,

If PRINCIPAL shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of the above referenced Contract in accordance with the plans, specifications and Contract documents during the original term thereof, and any extension thereof which may be granted with or without notice to

SURETY, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all the covenants, terms, conditions and agreements of any and all authorized modifications of such Contract that may hereafter be made, notice of which modifications to SURETY being hereby waived, then this obligation shall be void, otherwise to remain in full force and effect; and in case PRINCIPAL shall fail to do so, it is agreed that City may do such work and supply such materials and charge the same against PRINCIPAL and SURETY on this obligation, and PRINCIPAL and

SURETY hereon shall be subject to the liquidated damages mentioned in the Contract for each day's failure on its part to comply with the terms and provisions of such Contract.

Provided, further, that if any legal action be filed on this Bond, venue shall lie in Ellis

County, Texas.

And, that SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder.

The undersigned and designated agent is hereby designated by SURETY as the agent resident in Ellis County to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship.

IN WITNESS WHEREOF, this instrument is executed on this the ________ day of _____________________, 20___.

WITNESS PRINCIPAL

Company

By By Signature Signature

Typed/Printed Name Typed/Printed Name

Title Title

Address Address

City State Zip City State Zip

WITNESS SURETY

Company

By By Signature Signature

Typed/Printed Name Typed/Printed Name

Title Title

Address Address

City State Zip City State Zip

The Resident Agent of Surety is:

__________________________________ Name

__________________________________ Address

__________________________________ Telephone Number

(Accompany this bond with attorney-in-fact’s authority from the Surety Company certified to include the date of the bond.)

4/14/25

Payment Bond

PAYMENT BOND

STATE OF TEXAS § BOND NO. ___________

COUNTY OF _____Ellis_____ § BOND EXECUTED IN FIVE (5) ORIGINALS

KNOW ALL MEN BY THESE PRESENT: That _ _ of the City of

_________________, County of _________, State of ______________, as principal, and

________________________________, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Waxahachie, Texas

(Owner), in penal sum of: _ for the payment whereof, the said Principal and Surety themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents:

WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ____ day of ____________, 2_____, to construct the

Mustang Creek Park Improvements which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void;

otherwise to remain in full force and effect;

PROVIDED, HOWEVER, that this bond is executed pursuant to the provision of V.T.C.A., Government Code Chapter 2253 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition tot the terms of the contract, or to the work to be performed thereunder.

Payment Bond

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this _____ day of ______________________, 2_____.

Principal Surety

By _______________________________ By _______________________________

Title ______________________________ Title ______________________________

Address ___________________________ Address ____________________________

__________________________________ Name

__________________________________ Address

__________________________________ Telephone Number

(Accompany this bond with attorney-in-fact’s authority from the Surety company certified to include the date of the bond.)

Maintenance Bond

MAINTENANCE BOND

STATE OF TEXAS § BOND NO. ___________

COUNTY OF __Ellis_____ § BOND EXECUTED IN SIX (6) ORIGINALS

KNOW ALL MEN BY THESE PRESENT: That of the City of Waxahachie , County of Ellis , State of Texas , hereinafter referred to as “PRINCIPAL”, and _ __, a corporate surety/sureties organized under the laws of the State of _____Texas______ and authorized to do business in the State of

Texas, hereinafter referred to as “SURETY” (whether one or more), are held and firmly bound unto the CITY OF WAXAHACHIE, TEXAS, a municipal corporation located in Ellis County, Texas, hereinafter referred to as “CITY”, in penal sum of (50% of contract) lawful money of the United States, to be paid in Waxahachie, Ellis County, Texas, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, and firmly by these presents, the condition of this obligation is such that, WHEREAS, PRINCIPAL entered into a certain written contract with the CITY, dated the day of , 202 , to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of:

Mustang Creek Park Improvements, and all extra work in connection therewith, in the City of Waxahachie, Texas, as more particularly described and designated in the above-referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word:

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT,

If PRINCIPAL shall repair and maintain any defect arising in any part of the construction of said improvements, and shall take all steps necessary to provide the CITY with a product and/or installation equal to that required by the contract for such construction for a period as specified in the referenced contract, but not less than two (2) years, following the date of final acceptance, then this obligation shall be void, otherwise to remain in full force and effect; and in case said

PRINCIPAL shall fail to do so, it is agreed that CITY may cause any and all such defects to be remedied with all associated costs being born by the PRINCIPAL and SURETY under this

Maintenance Bond.

PROVIDED, further, that if any legal action be filed on this Bond, venue shall lie in Ellis County, Texas.

Maintenance Bond

And, that SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work performed thereunder, or the proposal documents accompanying same shall in any way affect its obligation on this Bond;

and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed under said Contract.

The undersigned and designated agent is hereby designated by SURETY as the resident agent in either Ellis, Tarrant, or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship.

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have signed and sealed this instrument this _____ day of ______________________, 20____.

Principal Surety

By _______________________________ By _______________________________

Title ______________________________ Title ______________________________

Address ___________________________ Address ____________________________

Name: __________________________________

Company: _______________________________

Address: ________________________________

Telephone Number: _______________________

(Accompany this bond with attorney-in-fact’s authority from the SURETY certified to include the date of the bond.)