Bid_Bond_Form.docx

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Attached to
UCC Generator Replacement Project
Solicitation number
IFB194006
Issued by
Santa Clara County, California

About this file

This is a Bid Bond Form for the City of Palo Alto's UCC Generator Replacement Project located at 3241 East Bayshore Road in Santa Clara County, California. The form establishes the bonding requirements and conditions for contractors submitting bids for the project, which involves the removal and replacement of the existing 165kW diesel generator system with a new 175kW diesel generator, including installation of an 800-amp automatic transfer switch, a 600-amp triple switch with enclosure, new lighting in exterior and mechanical areas, and associated electrical infrastructure modifications. The bid bond amount must equal 10 percent of the maximum bid proposal amount, inclusive of any additive or alternate bid items. Bidders are required to submit this bond security with their bid proposals, and the mandatory pre-bid meeting is scheduled for May 6, 2025, at the project site. Electronic bid submissions are due on June 30, 2025, at 3:00 pm. Upon issuance of the Notice of Award, contractors have ten calendar days to execute the contract and provide performance and payment bonds with a surety admitted in the jurisdiction, or pay the difference between their bid amount and any higher amount the City incurs to complete the work, up to the bond amount.

The bid bond form specifies that the surety must be a duly admitted surety insurer under California law and shall remain bound to the City of Palo Alto for faithful performance of the contract. The surety waives notice of changes to contract terms, drawings, specifications, and other contract documents, except for time extensions exceeding 60 calendar days, which require surety consent. The form includes provisions for statutory compliance with California law and stipulates that the surety shall pay all costs, expenses, and attorney fees incurred by the City in connection with any legal action on the bond. The project is funded through the City of Palo Alto's municipal infrastructure budget and requires compliance with prevailing wage regulations and 2022 California Building, Fire, Electrical, Mechanical, and Plumbing Codes. Contractors must possess a valid California Contractor's License and be registered with the California Department of Industrial Relations, with a targeted project completion timeline of 120 calendar days following the anticipated July 1, 2025 start date.

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Text version

BID BOND

CONTRACTOR: _________________________________________________________________________________ (Insert name, legal status, and complete business address (principal place of business).

SURETY:_______________________________________________________________________________
(Insert name, legal status, and complete business address (principal place of business).
Surety warrants that it is a duly admitted surety insurer under the laws of the State of California.
OWNER:City of Palo Alto, 250 Hamilton Avenue, Palo Alto, CA 94301

BOND AMOUNT: (Insert the amount of this Bid Bond in numbers and words) __________________________________________________________________Dollars and ____________ Cents The Bond Amount set forth above shall be the penal sum (“penalty amount”) of TEN PERCENT (10%) of the maximum amount of the Bid Proposal submitted by Contractor to Owner, inclusive of additive and/or alternate bid items, if any, and be paid in lawful money of the United States of America. Contactor has submitted the accompanying Bid Proposal to Owner for the Project described below. The Bid Proposal must be accompanied by Bid Security.

PROJECT:______________________________________________________________________________
(Insert the name, location or address, and project number (if applicable) of the Project to which this Bid Bond applies.

Contractor has purchased this Bid Bond from Surety as a guarantee to Owner that Contractor will honor its bid and execute all contract documents if awarded the contract by Owner. Contractor and Surety are bound to Owner in the amount set forth above (the Bond Amount). Under the provisions and conditions of this Bid Bond, Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, for the payment of the Bond Amount.

The conditions of this Bid Bond are such that if within ten (10) days of issuance of the Notice of Award, or within such time period as may be agreed to by Owner and Contractor, and Contractor either:
1)enters into a contract with Owner in accordance with the terms of its Bid and gives such bond(s) as may be specified the Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract; or
2)fails to do so and pays to Owner the difference, not to exceed the amount of this Bid Bond, between the amount specified in said bid and such larger amount for which Owner may in good faith contract with another party to perform the work covered by said bid,

then this obligation shall be null and void, otherwise this obligation shall remain in full force and effect.

Surety herby waives any notice of an agreement between Owner and Contractor to extend the time in which Owner may accept the bid. Waiver of such notice by Surety shall not apply to any time extensions which exceed sixty (60) calendar days after award of contract as specified in the Contract Documents. Owner and Contractor shall obtain Surety‘s consent for any time extension beyond sixty (60) days.
For value received, Surety stipulates and agrees that no change, alteration or addition to the terms of the Contract or the Invitation for Bids, the Work to be performed thereunder, the Drawings or the Specifications accompanying the same, or any other portion of the Contract Documents shall in any way affect its obligations under this Bond. Surety hereby waives notice of any such change, alteration or addition to the terms of said Contract, the Invitation for Bids, the Work, the Drawings or the Specifications, or any other portion of the Contract Documents.
If this Bid Bond is issued in connection with a subcontractor’s bid to Contractor, the term Contractor which is included in this Bid Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bid Bond has been furnished to comply with statutory or other legal requirement(s) in the location of the Project, any provision in this Bid Bond which conflicts with said statutory or legal requirement shall be deemed deleted from this Bid Bond and the provisions conforming to such statutory or other legal requirement(s) shall be deemed incorporated herein by reference. When so furnished, the intent is that this Bid Bond shall be construed as a statutory bond, and not as a common law bond.
In the event that suit or other proceeding is brought upon this Bond by Owner, Surety shall pay to Owner all costs, expenses and fees incurred by Owner in connection such action, including without limitation, attorneys fees. Surety hereby waives the provisions of California Civil Code Section 2845.

The Contractor and Surety have executed this Bid Bond on this day _______ of ___________, 20__ by their duly authorized agents or representatives.

(Corporate Seal)_______________________________________
Contractor Name

By:_______________________________________

_______________________________________
Typed or Printed Name of Signatory

Its _______________________________________ Title of Signatory

(Corporate Seal)_______________________________________
Surety Name
By: _______________________________________
Signature of Attorney-in-Fact for Surety
_______________________________________
(Attach Attorney-in-Fact Certificate)Typed or Printed Name
( )__________________________________
Area Code and Telephone Number of Surety

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