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45A.435   Contract performance and payment bonds. 
(1)  When  a  construction  contract  is  awarded  in  an  amount  in  excess  of  twenty-five 
thousand  dollars  ($25,000),  the  following  bonds  shall  be  furnished  to  the  local 
public  agency,  and  shall  become  binding  on  the  parties  upon  the  award  of  the 
contract:  
(a)  A  performance  bond  satisfactory  to  the  local  public  agency  executed  by  a 
surety  company  authorized  to  do  business  in  this  Commonwealth,  or 
otherwise supplied, satisfactory to the local public agency, in an amount equal 
to  one  hundred  percent  (100%) of the contract  price as it may be increased; 
and  
(b)  A payment bond satisfactory to the local public agency, executed by a surety 
company  authorized  to  do  business  in  this  Commonwealth,  or  otherwise 
supplied,  satisfactory  to  the  local  public  agency,  for  the  protection  of  all 
persons  supplying  labor  and  material  to  the  contractor  or  his  subcontractors 
for the performance of the work provided for in the contract.  The bond shall 
be in an amount equal to one hundred percent (100%) of the original contract 
price.  
(2)  Nothing in this section shall be construed to limit the authority of the local public 
agency to require a performance bond or other security in addition to those bonds, 
or in circumstances other than specified in subsection (1) of this section, including, 
but  not  limited  to,  bonds  for  the  payment  of  taxes  and  unemployment  insurance 
premiums. 
Effective:  January 1, 1980 
History:  Created 1978 Ky. Acts ch. 110, sec. 88, effective January 1, 1980.