Performance_Labor_Bonds.pdf

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Attached to
NPDES Oak Ridge Park East Stream Restoration
Solicitation number
27-009
Issued by
Charles County, Maryland

About this file

This document contains two performance bond templates for use by Charles County, Maryland on construction contracts. The Performance Bond obligates the contractor (Principal) and surety to ensure proper performance and fulfillment of all contract terms, conditions, and agreements, including any modifications or extensions granted by the County. The Contractor's Labor and Material Bond obligates the Principal and Surety to make payment to all claimants for labor, materials, supplies, and equipment rental reasonably required and used in contract performance. Both bonds are executed in accordance with Maryland Code and become null and void upon satisfactory contract performance; otherwise, they remain in full force and effect. The surety expressly waives the right to receive notice of contract extensions, alterations, or modifications made pursuant to the contract terms. Both bonds require approval by the County Attorney as to form and legal sufficiency.

These bond templates are intended for use on the NPDES Oak Ridge Park East Stream Restoration project, a stormwater detention facility and stream restoration initiative in Hughesville, Charles County, Maryland. The project involves stabilizing approximately 1,400 linear feet of an eroding channel tributary to Gilbert Run through in-stream and bank stabilization structures, and stabilizing approximately 120 linear feet of an eroding outfall channel. The bond amounts are left blank in these templates, to be filled in based on the specific contract amount once bids are received and a contractor is selected. These bonds ensure contractor performance and payment obligations to all labor and material suppliers throughout the original contract term and any County-approved extensions.

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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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