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Home My WebLink AboutIFB 2026111-02 Delivery of Election Equipment and Supplies PERFORMANCE BOND CONTRACTOR PERFORMANCE BOND COUNTY OF FRANKLIN IFB 2026111-02 DELIVERY AND PICK-UP OF ELECTION EQUIPMENT AND SUPPLIES KNOW ALL PERSONS BY THESE PRESENTS that we, ________________________________ (Contractor Name), ____________________________________________________________ (Contractor Address), as Principal (“Principal”), and _________________________________ (Legal Title of Surety), a corporation organized and existing under the laws of ________________________ (State), as Surety (“Surety”), are held and firmly bound unto the COUNTY OF FRANKLIN, its successor(s), grantee(s), or assignee(s), as the owner Obligee (“Obligee”), for the use and benefit of Claimants as hereinafter set forth, in the amount of one hundred percent (100%) of the Contract Sum of _________________________________ Dollars ($_________________________________), lawful money of the United States of America, for the payment whereof Principal and Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors, and assigns to Obligee to pay for the performance of the Contract, and firmly by these presents. WITNESSETH THAT: WHEREAS, Principal has by written agreement dated ___________________________, 20___, entered into a Contract with Obligee to perform certain construction work for Obligee, in connection with the _________________________________ (“Franklin County Jail Floor Replacement”), located in ______________________,__________ (City, State) pursuant to the plans, specifications, and other related documents, prepared by _____________________________________________ (Contractor Name), _________________________________________________________ (Contractor Address),which Contract is incorporated herein by reference as if set forth in full (the“Contract”); WHEREAS, Obligee is a “contracting body” under provisions of Act No. 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known and cited as the “Public Works Contractors’ Bond Law of 1967” (the “Act”); WHEREAS, The Act, in Section 3.1(a), requires that, before an award shall be made to Principal by Obligee in accordance with the Contract, Principal shall furnish this Bond to Obligee, with the Bond to become binding upon the award of the Contract to Principal by Obligee; and WHEREAS, it also is a condition of the Contract that this Bond shall be furnished by Principal to Obligee; and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that: (a) if Principal well, truly, and faithfully complies and performs the Contract, according to the terms of the Contract, including all changes and amendments thereto, which are incorporated by reference into this Bond as if set forth in full, and if Principal satisfies all claims and demands incurred in or related to the performance of the Contract by Principal or growing out of the performance of the Contract by Principal, and if Principal indemnifies completely and saves harmless Obligee and all of its officers, agents, and employees from any and all costs and damages which Obligee and all of its officers, agents, and employees may sustain or suffer by reason of the failure of Principal to do so, and if Principal reimburses completely and pays to Obligee any and all costs and expenses which Obligee and all of its officers, agents, and employees may incur by reason of any such default or failure of Principal; and (b) if Principal remedies, without cost to Obligee, all defects which may develop during the period of two (2) years from the date of completion by Principal and acceptance of Obligee of the work to be performed under the Contract, which, in the sole judgment of Obligee or its legal successors in interest, were caused by or resulted from defective or inferior materials or workmanship; then this Bond shall be void; otherwise, this Bond shall be and shall remain in force and effect. Whenever Principal is and is declared by Obligee to be in default under the Contract, Surety may promptly remedy the default or shall promptly: (a) Complete the Contract in accordance with its terms and conditions or (b) Obtain a bid or bids for submission to Obligee for completing the Contract in accordance with its terms and conditions and, upon determination by Obligee and Surety of the lowest responsive bidder, arrange for a contract for completion between such bidder and Obligee and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable by Obligee to Principal under the Contract and any amendments thereto less the amount properly paid by Obligee to Principal. If Surety does not promptly remedy the default or proceed with reasonable promptness to perform its obligations under this Bond, Surety shall be deemed to be in default of this Bond fifteen (15) days after receipt of written notice from Obligee to Surety that demands Surety perform its obligations under this Bond. Obligee shall be entitled to enforce any remedy available to Obligee. This Bond is executed and delivered under and subject to the Act to which reference hereby is made. No action upon this Bond shall be commenced after the expiration of one (1) year from the day upon which Principal is declared to be in default by Obligee or within one (1) year after Surety fails to perform its obligation under the Bond, whichever occurs later. No right of action shall accrue on this Bond to any person or entity other than Obligee or its heirs, executors, administrators, or successors. Every action upon this Bond shall be instituted either in the Court of Common Pleas of Franklin County or in the United States District Court for the Middle District of Pennsylvania and not elsewhere. Principal and Surety agree that: any alterations, changes, and/or additions to the Contract; any alterations, changes, and/or additions to the work to be performed under the Contract; any giving by Obligee of any extensions of time for the performance of the Contract; any act of forbearance of either Principal or Obligee toward the other with respect to the Contract; and/or the reduction of any percentage to be retained by Obligee as permitted by the Contract shall not release, in any manner whatsoever, Principal and/or Surety or their heirs, executors, administrators, successors, and assigns from liability and obligations under this Bond. For value received, Surety waives notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage. If Principal is a foreign corporation (incorporated under any laws other than those of the Commonwealth of Pennsylvania), further terms and conditions of this Bond include that Principal or Surety shall neither be discharged from liability on this Bond nor this Bond surrendered until such Principal files with Obligee a certificate from the Pennsylvania Department of Revenue, evidencing the payment in full of all bonus taxes, penalties, and interest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of Labor and Industry, evidencing the payment of all unemployment compensation, contributions, penalties, and interest due to the Commonwealth from said Principal or any foreign corporation or subcontractor thereunder or for which liability has accrued but the time for payment has not arrived, all in accordance with provisions of the Act of June 10, 1947, P.L. 493, of the Commonwealth of Pennsylvania. [The remainder of this page was intentionally left blank.] IN WITNESS WHEREOF, Principal and Surety cause this Bond to be signed, sealed and delivered this ______ day of __________________, 20 ______. (For Use When Principal is an Individual Proprietor) PRINCIPAL: WITNESS: By: (SEAL) Signature of Witness Signature of Proprietor Print Name of Proprietor CORPORATE SURETY: WITNESS OR ATTEST: Name of Corporate Surety By: CORPORATE SEAL Title: ______________________________ IN WITNESS WHEREOF, Principal and Surety cause this Bond to be signed, sealed and delivered this _____ day of __________________, 20 ______. (For Use When Principal is a Partnership) PRINCIPAL: WITNESS: Name of Partnership By: (SEAL) Signature of Witness Signature of General Partner Print Name of General Partner CORPORATE SURETY: WITNESS OR ATTEST: Name of Corporate Surety By: CORPORATE SEAL Title: ______________________________ IN WITNESS WHEREOF, Principal and Surety cause this Bond to be signed, sealed and delivered this _____ day of __________________, 20 ______. (For Use When Principal is a Corporation) PRINCIPAL: ATTEST: Name of Corporation By: Secretary/Assistant Secretary/ President/Vice President/ Treasurer/Assistant Treasurer/ Other Authorized Representative Other Authorized Representative Name of Corporate Representative CORPORATE SURETY: WITNESS OR ATTEST: Name of Corporate Surety By: CORPORATE SEAL Title: ______________________________ IN WITNESS WHEREOF, Principal and Surety cause this Bond to be signed, sealed and delivered this _____ day of __________________, 20 ______. (For Use When Principal is a Limited Liability Company) PRINCIPAL: ATTEST: Name of Limited Liability Company By: Authorized Representative Authorized Representative Name of Corporate Representative CORPORATE SURETY: WITNESS OR ATTEST: Name of Corporate Surety By: CORPORATE SEAL Title: ______________________________