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HomeMy WebLinkAboutPERFORMANCE OR PAYMENT BOND - VIETH CONSTRUCTION CORPORATION Bond No. 2100300 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, Vieth Construction Corporation of Cedar Falls, IA (hereinafter called the Principal), and North American Specialty Insurance Company of Manchester, NH (hereinafter called the Surety), are held and firmly bound unto City of Waterloo, Black Hawk County, IA (hereinafter called the Obligee), in the penal sum of One Hundred Sixty Six Thousand Four Hundred Fifty Five Dollars and 11/100 Dollars ($ 166,455.11 ), lawful money of the United States, to payment of which sum, well and truly be made, the Principal here firmly binds himself/themselves, his/their heirs, executors and administrators, and the said Surety binds himself, his successors, assigns, executors and administrators,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the day of , 200N Enter into a written Contract with the City of Waterloo, Black Hawk County, Iowa to do PCC Sidewalk/Trail as called for Letting June 16, 2009; Proposal ID 07-0636-072, Project: N H S X-06 3-6(72)--3 H-0 7 copy of which Contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said Contract were recited at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having Contracts directly with the Principal or with the Subcontractors, all just claims due them for labor performed or materials furnished in the performance of the Contract on account of which bond is given when the same are not satisfied out of the portion of the Contract price which the public corporation is required to retain until completion of the public improvement but the Principal and Surety shall not be liable to said persons, firms or corporations unless the claims of said claimants against said portion of the Contract price shall have been established as provided by law. (1 of 2) Now, if the Principal shall in all respects fulfill his said Contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same and shall fully indemnity and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. Every Surety on this bond shall be deemed and held, any Contract to the contrary notwithstanding, to consent without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the Plans, Specifications, or Contract when such change does not involve an increase of more than twenty (20%) of the total Contract prince, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other Contract shall be valid which limits to less than one (1)year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ,2009 Vieth Construction Corporation Principal North American Specialty Insurance Company Surety BYE leAttarney-in act Dianne S. Riley (2 of 2)