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price. The Recipient may secure additional protection by directing the Contractor to increase the <br />penal amount of the existing bond or to obtain an additional bond. <br />(c) A payment bond is required only when a performance bond is required, and if the use of <br />payment bond is in the Recirienf s interest. <br />(d) When it is determined that a payment bond is required, the Contractor shall be required io obtain <br />payment bonds as fotlows: <br />1. The penal amount of ~ayment bonds shall equal: <br />(i) Fifty percent of the contract price if the contract price is not more than $1 million; <br />(ii) Forty percent of the contract price if the contract price is more than $1 million but not more than <br />$5 million; or <br />(iii) Two and one half million if the contract price is inereased. <br />Advance Payment Bonding Requirements <br />The Contractor may be required to obtain an advance payment bond if the contract contains an <br />advance payment provision and a performance bond is not fumished• 'The Rec'ipient sball determine <br />th ~~ such bond n dafter ex~ tion of the Contrac~then R pient wR pay the reas nabe~cost of <br />~ g <br />the bond premium. <br />Patent Infringement Bonding Requirements (Patent Indemnity) <br />The Contractor may be required to obtain a patent indemnity bond if a performance bond is not <br />furnished and the financial responsibility of the Contractor is unknown or doubtful. The Recipient <br />shall determine the amount of the patent indemnity to protect the Recipient. If the Recipient requires <br />such bonding after ezecution of the Contract, then Recipient will pay the teasonable cost of the bond <br />premium. <br />Warranty of the Work and Maintenance Bonds (Construction Contracts) <br />1. The Contractor warrants to Recipient, the Architect and/or Engineer that all materials and <br />equipment furnished under this Contract will be of highest quality and new unless otherwise specified <br />by Recipient, free from faults and defects and in conforcnance with the Contract Documents. All work <br />not so conforming to these standards shall be considered defective. If required by the Recipient, the <br />Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. <br />2. The Work fumished must be of fust quality and the workmanship must be the best obtainable in <br />the various trades. The Work must be of safe, substantial and durable construction ~in all respeets. The <br />Contractor hereby guarantees the Work against defective materials or faulty workmanship for a <br />minimum period of one (1) year after Final Payment by Recipient and shall replace or repaur any <br />defective materials or equipment or faulty workmanshiP during the period of the guazantee at no cost <br />to Recipient. As additional security for these guarantees, the Contractor shall, pnor to the release of <br />Final Payment, furnish separate Maintenance.(or Guarantee) Bonds in form acceptable to Recipient <br />written by the same corporate surety that provides the Performance Bond and Labor and Material <br />Payment Bond for this Contract. These bonds shall secure the Contractor's obligation t~o a~er Final <br />repair defective materials and faulty workmanship for a minimum period of one (1) y <br />Payment and shall be written in an amount equal to ONE HLJNDRED gEKCENT (1009'0) of the <br />CONTRACT S[7M, as adjusted (if at all). <br />Addendum, FTA Contract Requirements <br />Page - 13 . <br />0718970102 <br />