9D PERFORMANCE BONDPERFORMANCE BOND
KNOWN ALL MEN BY THESE PRESENTS that we, of
, hereinafter referred to as CONTRACTOR and
of a corporation organized under the laws of
the State of and authorized to transact business in the State of Minnesota, as Surety, are held firmly bound unto , hereinafter referred to as OWNER, in the penal sum of: ,
DOLLARS. ($ ), lawful money of the United States of America to be paid to the OWNER for its use and the use of all persons and corporations doing work or furnishing skill, tools, machinery,
material, insurance equipment, or supplies for the CONTRACT hereinafter referred to and described, its heirs, legal representatives, jointly and severally, firmly by these presents:
THE
CONDITIONS OF THIS OBLIGATION AS SUCH; That whereas, on the day of ,
2013, the CONTRACTOR entered into a written CONTRACT with the OWNER for furnishing materials, supplies, and
equipment; providing construction tools, equipment, and plant; and the performance of all necessary labor for and in connection with the construction of certain improvements described
in the attached CONTRACT DOCUMENTS; and
WHEREAS, it was condition of the Contract Award by the OWNER that these presents be executed by the CONTRACTOR and Surety;
NOW THEREFORE, if
the CONTRACTOR shall perform and complete said CONTRACT according to its terms; shall pay, as they become due, all just claims for such works, tools, machinery, skill, material, insurance
premiums, equipment and supplies, for the completion of said CONTRACT in accordance with its terms, including equipment and supplies for any camp maintained for feeding and keeping
of men and animals for their performance of said CONTRACT; shall save the OWNER harmless from all costs and charges that may accrue on account of the doing of said work specified in
said CONTRACT and for enforcing the terms of this BOND in all actions which may be brought thereon and successfully maintained, including reasonable attorney’s fees; shall comply with
all laws appertaining to said CONTRACT and said WORK; shall in case the Contract Price specified in said Contract shall for any reason be increased, furnish additional BOND in the sum
at least of such increase within ten (10) days after demand thereof in writing from the OWNER; and shall pay all costs and disbursements, including reasonable attorney’s fees, in any
and all actions which shall be successfully maintained for the enforcing of the terms of this BOND; then this obligation shall become void; otherwise it shall be and remain of full force
and effect.
THE UNDERSIGNED SURETY, for the value received, hereby agrees that no extension of time, change in, addition to, or other modification of the terms of the CONTRACT or WORK
to be performed thereunder, or of the SPECIFICATIONS or other CONTRACT DOCUMENTS, shall in any way affect its obligation on this BOND, and the Surety does hereby waive notice of any
such extension of time, change, addition or modification.
IN TESTIMONY WHEREOF, the CONTRACTOR has hereunto set his hand and the Surety has caused these presents to be executed in its
name and its corporate seal to be affixed by its attorney-in-fact at
On this the day of , 2013.
CONTRACTOR (seal)
BY:
SURETY COMPANY (seal)
BY:
(attorney-in-fact)
BY:
(Minnesota representative)