Sample_Performance_Bond.pdf

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Attached to
B027-11 Merimere Liner Replacement
Solicitation number
B027-11
Issued by
New Haven County, Connecticut

About this file

This is a Performance Bond document applicable to the City of Meriden's B027-11 Merimere Liner Replacement project in Connecticut, a water filtration plant rehabilitation initiative. The bond serves as a financial guarantee that the contractor will faithfully perform all work in accordance with the contract terms and conditions. The Merimere Water Filtration Plant project involves removing and disposing of the sand/sludge layer, repairing and replacing the underdrain system, reconstructing the access ramp, removing filter fabric and geomembrane, and ensuring proper compaction of the gravel base. The facility, originally constructed in 1963 with lagoon improvements in 2002, comprises two lagoons totaling approximately 12,800 square feet and has a capacity of 1.2 million gallons per day. The project is necessary due to deterioration of the lagoon systems that compromises treatment performance and environmental compliance.

The Performance Bond requires the contractor and surety to be jointly and severally liable for the bond amount, with the surety waiving notice of any contract alterations or defaults. Should the contractor default, the owner may either have the surety complete the work according to contract terms or solicit bids for completion, with the surety responsible for covering completion costs minus the remaining contract balance. The bond includes a two-year statute of limitations from the date final payment is due, and only the named owner has rights of action under the bond. The project is federally funded through the Environmental Protection Agency, making it subject to Federal Labor Standards Provisions and Davis-Bacon and Related Acts prevailing wage requirements.

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Text version

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that (here insert full name and address or legal title of Contractor) as Principal herinafter called contractor and (here insert full name and address or legal title of Surety

As Surety, hereinafter called Surety, are held and firmly bound unto (here insert full name and address or legal title of Owner)

As Obligee, hereinafter called Owner, in the amount of

Dollars $___________________________ for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS,

Contractor has by written agreement dated 20 , entered into a contract with Owner for (here insert full name, address and description of project)

In accordance with Drawings and Specifications prepared by (here insert full name and address or legal title of Engineer/Architect)

Which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

PERFORMANCE BOND

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor, shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

The Surety hereby waives, notice of any alteration or defaults, under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph sufficient funds to pay the cost of completion less the balance of the contract price;

Whenever Contractor shall be, and declared by Owner but not exceeding, including other costs and damages to be in default under the Contract, the Owner having for which the Surety may be liable hereunder, the amount performed Owner’s obligations thereunder, the surety set forth in the first paragraph hereof. The term “balance may promptly remedy the default, or shall promptly of the contract price,” as used in this paragraph, shall mean the total amount payable by Owner to Contractor

1) Complete the Contract in accordance with its terms under the Contract and any amendments thereto, less and conditions, or the amount properly paid by Owner to Contractor.

2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its terms and conditions, and upon de- the expiration of two (2) years from the date on which termination by Surety of the lowest responsible bidder, final payment under the Contract falls due.

or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis-though there should be a default of a succession of trators or successors of the Owner.

Signed and sealed this day of 20

(Principal) (Witness) (Title)

(Surety) (Witness) (Title)

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