RFP 50011_Exhibit E - Performance and Payment Bond.pdf

Exhibit E

CITY AND COUNTY OF DENVER

DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT

Division of Environmental Quality

PERFORMANCE AND PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned , a corporation organized and existing under and by virtue of the laws of the State of , hereafter referred to as the “Contractor”, and , a corporation organized and existing under and by virtue of the laws of the State of , and authorized to transact business in the State of Colorado, as Surety, are held and firmly bound unto the CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado, hereinafter referred to as the “City”, in the penal sum of Four Hundred Thousand Dollars and No Cents ($400,000.00), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents;

THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT:

WHEREAS, the above bounden Contractor has entered into a written agreement with the City for providing services set forth in the agreement having Contract ID No. , which includes furnishing all labor and tools, supplies, equipment, superintendence, materials and everything necessary for and required to do, perform and complete the services authorized by each notice to proceed issued pursuant to that Agreement (including changes to any notice to proceed – collectively notice to proceed and changes thereto are referred to as “NTP”), and has bound itself to complete the services within the time or times specified as designated, defined and described in the Agreement, or NTP, and in accordance with the terms of the Agreement, a copy of the Agreement being made a part hereof;

NOW, THEREFORE, if the Contractor shall and will, in all particulars well and truly and faithfully observe, perform and abide by the Agreement, including each NTP, according to the true intent and meaning in such case, then this obligation shall be and become null and void; otherwise, it shall remain in full force and effect;

PROVIDED FURTHER, that if the Contractor shall satisfy all claims and demands incurred by the Contractor in the performance of the Agreement, and shall fully indemnify and save harmless the City from all damages, claims, demands, expense and charge of every kind (including claims of patent infringement) arising from any act, omission, or neglect of the Agreement, its agents, or employees with relation to the services; and shall fully reimburse and repay to the City all costs, damages, and expenses that it may incur in making good any default based upon the failure of the Contractor to fulfill its obligation to furnish maintenance, repairs or replacements for the full guarantee period provided in the Agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect;

PROVIDED FURTHER, that if Contractor at all times promptly makes payments of all amounts lawfully due to all persons supplying or furnishing it or its subcontractors with labor and materials, rental machinery, tools or equipment used or performed in the prosecution of services provided for in the Agreement and that if the Contractor indemnifies and saves harmless the City for the extent of any and all payments in connection with the carrying out of the Agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect;

PROVIDED FURTHER, that if the Contractor fails to duly pay for any labor, services, supplies, equipment, or materials performed, used or consumed by Contractor or its subcontractors in performance of the services contracted to be done, or fails to pay any person who supplies rental machinery, tools or equipment, all amounts due as the result of the use of such machinery, tools or equipment in the prosecution of the services, the Surety will pay the same in any amount not exceeding the amount of this obligation, together with interest as provided by law;

PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to contracts with others in connection with the Agreement, or the services to be performed there under, or any Notice to Proceed, shall in any way affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Agreement, any Notice to Proceed, or the services.

IN WITNESS WHEREOF, Contractor and Surety have executed these presents as of

, 20 .

Contractor

Attest: By:

President

Secretary

Surety

By:

Attorney-In-Fact

(Accompany this bond with Attorney-in-Fact’s authority from the Surety to execute bond, certified to include the date of the bond).

APPROVED AS TO FORM: APPROVED FOR THE CITY AND

COUNTY

Attorney for the City and County of Denver OF DENVER

By: _ By: _ Assistant City Attorney MAYOR

By:

Manager Department of Public Health and Environment