(3)_Payment_Bond_Blank_(1).pdf
PDF 612 KB Posted
- Attached to
- Hazardous Waste Removal Services
- Solicitation number
- HAZ2604A
- Issued by
- Los Angeles County, San Francisco City, California
About this file
This is a blank Payment Bond form issued by the William S. Hart Union High School District in Los Angeles County, California, for use on public works construction projects. The payment bond template establishes the framework for contractors to secure a surety bond equal to 100 percent of the total contract amount, ensuring faithful performance of labor and materials payment obligations in accordance with California Civil Code Section 9550 et seq. The bond protects all persons authorized under California Civil Code Section 9100 to assert claims, including workers and materialmen. The document includes designated spaces for project identification, contractor and surety information, penal sum amounts, and authorized representative contact details for both the surety's Southern California/local representative and the surety's claims representative. Execution requires notarization and corporate seals from both the principal contractor and surety, along with power of attorney documentation from the surety.
The payment bond form stipulates that the surety remains obligated regardless of contract modifications, extensions, amendments, or changes to the principal's rights and obligations, and the surety waives notice of such modifications. The bond covers claims for unpaid labor and materials, amounts due under the Unemployment Insurance Code, and any withheld employment development contributions. The surety's obligations include payment of reasonable attorney's fees as fixed by the court in the event of litigation. The bond shall be construed most strongly against the surety and in favor of claimants, and the surety is not exonerated by rescission, fraud by non-claimants, or breach of contract by other parties.
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Text version
Page ‐1‐ BAW&G/JWF/179179 Payment Bond
PAYMENT BOND
Project Name:
Project/Bid Package Number(s):
Contractor:
Contract:
WHEREAS, the Governing Board of the William S. Hart Union High School District in Los Angeles County, California (“District”) awarded a contract to the undersigned contractor (“Principal”) for completion of the following public‐works construction project ("Project"): ____________________________________ _________________________________________________________________________________; and
WHEREAS, the Principal's contract with the District for construction of the Project ("Contract") and/or California Civil Code Section 9550 et seq. require that the Principal furnish a labor and materials payment bond to the District that ensures the faithful performance of the Principal’s obligations pursuant to the Contract, which bond must have a penal sum equal to one hundred percent of the total amount payable by the District to the Principal pursuant to the Contract; and
WHEREAS, the undersigned surety ("Surety") is an “admitted surety insurer” in accordance with Section
995.120 of the California Code of Civil Procedure, and the Principal has caused the Surety to issue this Payment Bond for purposes of satisfying the aforementioned requirements of the Contract.
NOW, THEREFORE, we, the Principal and Surety, are held and firmly bound to the District in the penal sum of ___________________________________________ Dollars ($ _________________ ) lawful money of the United States of America, the payment of which well and truly to be made, we hereby bind, jointly and severally, ourselves and our heirs, executors, administrators and successors.
THE CONDITION OF THIS OBLIGATION is that, if the Principal, or any of its heirs, executors, administrators, successors or assigns, or any of its subcontractors, fail in connection with the Project to pay as and when required (1) any of the persons authorized by California Civil Code Section 9100 to assert a claim against the Payment Bond, (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed pursuant to the Contract, or (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from wages of employees of the Principal or any of its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety shall pay, in full, any and all claims for such amounts, in a total amount not in excess of the penal sum set forth herein, and also, in case suit is brought upon this Payment Bond, such reasonable attorney's fees as fixed by the court.
This Payment Bond shall inure to the benefit of any and all of the persons named in California Civil Code Section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Payment Bond.
The Surety hereby stipulates and agrees that this Payment Bond shall not be exonerated and the Surety shall not be released from its obligations pursuant to this Payment Bond on account of: (1) any extension of time, change, amendment or other modification of the Contract or other Project documents, or of the Principal’s rights and/or obligations pursuant thereto, and Surety hereby waives
Page ‐2‐ notice of any and all such modifications; (2) any rescission or attempted rescission of the Contract or this Payment Bond; (3) any fraud of any person or entity other than fraud of a claimant in making a claim on this Payment Bond; or (4) any breach of any contract by the District, the Principal or any person or entity for whose benefit Surety has issued this Payment Bond. The Surety further stipulates and agrees that this Payment Bond shall be construed most strongly against the Surety and in favor of the persons and entities for whose benefit Surety has issued this Payment Bond.
The Surety shall not be deemed to have fully and appropriately executed this Payment Bond unless Surety has provided all of the following information:
SURETY’S SOUTHERN CALIFORNIA/LOCAL
REPRESENTATIVE
Company Name
Street Address
City, State, Zip Code
Representative Name
Representative Telephone Number
SURETY’S REPRESENTATIVE FOR FILING CLAIMS
Company Name
Street Address
City, State, Zip Code
Representative Name
Representative Telephone Number
(The remainder of this page intentionally left blank.)
Page ‐3‐
Each person that signs this Payment Bond on behalf of the Principal or the Surety thereby represents and warrants that the party he or she represents has duly‐authorized him or her to sign, and thereby bind such party to, this Payment Bond.
IN WITNESS WHEREOF, the Principal and Surety have executed this Payment Bond as evidenced by the signatures, below, of their respective, duly‐authorized representatives.
PRINCIPAL
Company Name
Representative Signature
Representative Name
Representative Title
Date Signed
Principal: Attach Notary acknowledgment to this Payment Bond and, if applicable, imprint corporate seal in the space below this line.
SURETY
Company Name
Representative Signature
Representative Name
Representative Title
Date Signed
Surety: Attach Notary acknowledgment and power of attorney to this Payment Bond and imprint corporate seal in the space below this line.
| Project Name: |
| ProjectBid Package Numbers: |
| Contractor: |
| Contract: |
| the following publicworks construction project Project 1: |
| the following publicworks construction project Project 2: |
| sum of: |
| Dollars: |
| Company Name: |
| Company Name_2: |
| Street Address: |
| Street Address_2: |
| City State Zip Code: |
| City State Zip Code_2: |
| Representative Name: |
| Representative Name_2: |
| Representative Telephone Number: |
| Representative Telephone Number_2: |
| Company Name_3: |
| Representative Name_3: |
| Representative Title: |
| Date Signed: |
| Company Name_4: |
| Representative Name_4: |
| Representative Title_2: |
| Date Signed_2: |
| Text1: |
| Text2: |
| Text3: |
| Text4: |
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