Performance_Labor_Bonds.pdf

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Attached to
Economic Development Strategic Plan
Solicitation number
26-033
Issued by
Charles County, Maryland

About this file

Performance and Labor Bonds Template

This document contains two standardized bond forms for use by Charles County, Maryland, in conjunction with contracted services: a Performance Bond and a Contractor's Labor and Material Bond.

The Performance Bond template obligates the principal contractor and surety to ensure proper performance and fulfillment of all contract terms, conditions, and agreements during the original contract term and any extensions granted by the County. The bond protects the County from loss, cost, or damage arising from contractor default. The Contractor's Labor and Material Bond template requires the principal and surety to ensure payment to all claimants for labor, materials, supplies, and equipment rental necessary to perform the contract and any authorized modifications. Both bonds are executed jointly and severally by the principal and surety, with the surety expressly waiving the right to receive notice of contract extensions, alterations, or modifications. The bonds are governed by Maryland Code and require approval by the County Attorney as to form and legal sufficiency.

Both bond forms contain blank fields for completion with the bond amount (in words and figures), contract date, ITB number, and ITB solicitation title. The forms restrict the right of action to Charles County and its successors in office, with no other person, firm, or corporation permitted to bring claims under the bonds. The bonds remain in full force and effect unless the contractor properly performs all obligations or makes all required payments to claimants, at which point the bonds become null and void. No specific bond amounts, contract values, or effective dates are specified in these template forms.

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Text version

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, as

Principal, HEREINAFTER CALLED PRINCIPAL, AND

AS SURETY, HEREINAFTER CALLED

SURETY, ARE HELD FIRMLY BOUND UNTO CHARLES COUNTY, MARYLAND, A MUNICIPAL CORPORATION, HEREINAFTER CALLED THE COUNTY, IN THE AMOUNT OF WORDS

DOLLARS, AND IN FIGURES

$ , FOR THE PAYMENT

WHEREOF PRINCIPAL AND SURETY BIND THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS.

WHEREAS, THE PRINCIPAL HAS ENTERED INTO A WRITTEN CONTRACT DATED

, 20 WITH THE COUNTY FOR

ITB Number:

ITB Solicitation Title:

WHICH CONTRACT BY REFERENCE MADE PART THEREOF AND HEREINAFTER REFERRED TO AS THE CONTRACT.

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT THE PRINCIPAL SHALL WELL, TRULY AND PROPERLY PERFORM AND FULFILL ALL OF THE UNDERTAKINGS, COVENANTS, TERMS, CONDITIONS

AND AGREEMENTS OF SAID CONTRACT AND OF ALL SUCH ALTERATIONS AND MODIFICATIONS, DURING THE

ORIGINAL TERMS OF SAID CONTRACT AND ANY EXTENSIONS THEREOF WHICH MAY BE GRANTED BY THE

COUNTY AND AGREED UPON BY THE PRINCIPAL; AND IF THE PRINCIPAL SHALL INDEMNIFY AND SAVE

HARMLESS THE COUNTY FROM ALL LOSS, COST OR DAMAGE ARISING OUT OF A DEFAULT HEREUNDER OR

UNDER SAID CONTRACT, THEN THIS OBLIGATION SHALL BE NULL AND VOID; OTHERWISE IT SHALL BE AND

REMAIN IN FULL FORCE AND EFFECT.

THE SURETY EXPRESSLY WAIVES ANY RIGHT TO RECEIVE NOTICE OF EXTENSIONS OF TIME, OR ALTERATIONS

OR MODIFICATIONS OF THE CONTRACT WHICH ARE PROVIDED FOR AND MADE PURSUANT TO THE TERMS OF

SAID CONTRACT.

PROVIDED, HOWEVER, NO RIGHT OF ACTION SHALL ACCRUE ON THIS BOND TO OR FOR THE USE OF ANY

PERSON, FIRM OR CORPORATION WHATEVER OTHER THAN THE COUNTY NAMED HEREIN, OR ITS SUCCESSORS

IN OFFICE.

SIGNED AND SEALED THIS DAY OF , 20

IN THE PRESENCE OF: (SEAL)

PRINCIPAL: (SEAL)

SURETY: (SEAL)

APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY:

CONTRACTOR’S LABOR AND MATERIAL BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT WE AS PRINCIPAL

HEREINAFTER CALLED PRINCIPAL, AND AS SURETY

HEREINAFTER CALLED SURETY, ARE HELD FIRMLY BOUND UNTO CHARLES COUNTY, MARYLAND, A

MUNICIPAL CORPORATION, HEREINAFTER CALLED THE COUNTY, IN THE AMOUNT OF WORDS

, AND IN FIGURES $

FOR THE PAYMENT WHEREOF PRINCIPAL AND SURETY BIND THEMSELVES, THEIR HEIRS,

EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY

BY THESE PRESENTS.

WHEREAS, THE PRINCIPAL HAS ENTERED INTO A WRITTEN CONTRACT DATED

ITB NO.

ITB SOLICITATION TITLE:

WHICH CONTRACT BY REFERENCE MADE PART THEREOF AND HEREINAFTER REFERRED TO AS

THE CONTRACT.

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT THE PRINCIPAL SHALL

MAKE PAYMENT TO EACH AND EVERY CLAIMANT, AS HEREINAFTER DEFINED, FOR ALL LABOR,

MATERIALS, SUPPLIES AND RENTAL OF EQUIPMENT REASONABLY REQUIRED AND USED OR

CONSUMED IN THE PERFORMANCE OF THE CONTRACT AND OF ALL SUCH ALTERATIONS AND

MODIFICATIONS OF SAID CONTRACT AS MAY HEREAFTER BE MADE THEREIN, IN THE MANNER

AND TO THE EXTENT WHICH SAID CONTRACT PROVIDES FOR SUCH ALTERATIONS AND

MODIFICATIONS, DURING THE ORIGINAL TERMS OF SAID CONTRACT AND ANY EXTENSIONS

THEREOF WHICH MAY BE GRANTED BY THE COUNTY AND AGREED UPON BY THE PRINCIPAL;

THEN THIS OBLIGATION SHALL BE NULL AND VOID; OTHERWISE IT SHALL BE AND REMAIN IN

FULL FORCE AND EFFECT.

THE SURETY EXPRESSLY WAIVES ANY RIGHT TO RECEIVE NOTICE OF EXTENSIONS OF TIME, OR

ALTERATIONS OR MODIFICATIONS OF THE CONTRACT WHICH ARE PROVIDED FOR AND MADE

PURSUANT TO THE TERMS OF SAID CONTRACT.

PROVIDED, HOWEVER, ANYTHING IN SAID CONTRACT TO THE CONTRARY

NOTWITHSTANDING, THIS BOND IS EXECUTED UPON AND IN ACCORDANCE WITH THE CODE OF

MARYLAND.

SIGNED AND SEALED THIS DAY OF , 20

IN THE PRESENCE OF: (SEAL)

PRINCIPAL: (SEAL)

SURETY: (SEAL)

APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY:

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