Performance_Labor_Bonds.pdf

PDF 72 KB Posted

Attached to
On-Call Maintenance, Repair and Upgrade of Utilities Infrastructure
Solicitation number
27-008
Issued by
Charles County, Maryland

About this file

This document contains two performance bond templates for Charles County, Maryland: a Performance Bond and a Contractor's Labor and Material Bond. These bonds are required instruments for contract execution with Charles County Government and are applicable to the On-Call Maintenance, Repair and Upgrade of Utilities Infrastructure task order contract. The Performance Bond ensures that the principal contractor will properly perform and fulfill all undertakings, covenants, terms, conditions, and agreements of the contract, including any alterations or modifications during the original contract term and any extensions granted by the County. The Contractor's Labor and Material Bond ensures that the principal will make payment to all claimants for labor, materials, supplies, and equipment rental reasonably required and used in contract performance. Both bonds name Charles County, Maryland as the obligee and include provisions that the surety waives notice of contract extensions, alterations, or modifications.

The bond amounts are to be filled in at the time of contract execution and are expressed in both words and figures. Both instruments are executed jointly and severally, binding the principal, surety, their heirs, executors, administrators, successors, and assigns. The bonds remain in full force and effect unless the principal performs all contractual obligations, at which point the obligations become null and void. The bonds are governed by the Code of Maryland and require approval as to form and legal sufficiency by the Charles County Attorney. These bonds are standard requirements for the task order contract with a maximum contract price of $500,000 per contract for construction services related to utilities infrastructure maintenance, repair, and upgrades.

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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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