00_61_13.16_Payment_Bond_Form.pdf

County of San Mateo – Department of Public Works

DOCUMENT 00 61 13.16

PAYMENT BOND FORM

Contractor’s Labor & Material Payment Bond (100% of Contract Price)

(Note: Bidders must use this form, NOT a surety company form.)

KNOW ALL PERSONS BY THESE PRESENTS:

That WHEREAS, the County of San Mateo hereinafter designated as the “County,” has awarded to ______________________ (CONTRACTOR NAME) hereinafter designated as the "Principal," a contract dated ____________________ (CONTRACTOR AWARD DATE) hereinafter designated as the “Contract,” which Contract is by this reference made a part hereof, for the work described as the County of San Mateo Access Control Replacement. 555 County Center, 5th Floor. Redwood City, CA 94063.

And WHEREAS, pursuant to law, the Principal is required, before entering upon the performance of the work, to file a good and sufficient bond with the body by whom the Contract is awarded to secure the claims to which reference is made in Sections 9550 to 9566 and 9100 to 9364 both inclusive, of the Civil Code of California.

NOW THEREFORE, THESE PRESENTS WITNESSETH:

That the said Principal and the undersigned _______________________, (Surety’s Name) as corporate Surety, are held and firmly bound unto all laborers, material men and other persons referred to in said statutes in the sum of Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally, by these presents.

The condition of this obligation is that if the above bonded Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pay any claimant name in Section 9100 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney’s fee, which shall be awarded by the court to the prevailing party in said suit, and attorney’s fees to be taxed as costs in said suit.

It is hereby expressly stipulated and agreed that this bond shall inure to

County of San Mateo – Department of Public Works the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 to 9364 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in the Civil Code, Sections 9550- 9566 inclusive, and all amendments thereto.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

And the said Surety, for value received, hereby stipulates and agrees that no change will be made which increases the total Contract price more than twenty percent (20%) in excess of the original Contract price without notice to the Surety, then, this obligation to be void, otherwise to remain in full force and virtue.

Correspondence relating to this bond shall be sent to the Surety at the address set forth below.

IN WITNESS WHEREOF, this instrument has been duly executed by the

Principal and Surety this day of , 20 .

Principal Surety

Signature Signature

Printed Name Printed Name of California Agent Surety

Address of California Agent Surety

Telephone Number of California Agent Surety

(Affix Corporate Seal)

NOTE: Notary acknowledgement for Surety signatures and Surety’s Power of Attorney and Certificate of Authority for Surety must be attached. The California Department of Insurance must authorize the Surety to be an admitted surety insurer.

END OF DOCUMENT 00 61 13.16

PAYMENT BOND FORM