Labor_and_Material_Payment_Bond.pdf

PDF 398 KB Posted

Attached to
Specialty Laboratory Analysis Services
Solicitation number
017-2972802-LM
Issued by
Orange County, San Diego City, California

About this file

This is a Labor and Material Payment Bond template issued by the County of Orange, California, required for contractors awarded contracts with the County. The bond document establishes a contractual obligation between the County, the contractor (Principal), and a surety company to ensure payment for all materials, labor, supplies, equipment, and services used in performing contracted work. The bond penal sum must equal or exceed the estimated amount payable by the County under the contract terms. The bond inures to the benefit of all persons, companies, and corporations entitled to file claims under California Civil Code Section 9100, providing them with a right of action against the bond. The document requires specific signature authority in accordance with California Corporations Code Section 313, stipulating that either two corporate officers with defined roles must sign (chairman/president/vice president and secretary/assistant secretary/CFO/assistant treasurer), or a single officer may sign if written evidence of authority is provided via corporate resolution.

The bond covers payment obligations for materials, provisions, supplies, equipment, labor, and amounts due under the Unemployment Insurance Code related to the contractor's work performance and that of any subcontractors. The surety waives notice of any changes, extensions of time, alterations, or additions to the contract terms or specifications, remaining liable regardless of such modifications. Should the County pursue legal action to enforce the bond, the surety agrees to pay the face amount plus costs, reasonable expenses, and reasonable attorneys' fees as awarded and fixed by the court. The bond template includes signature lines for contractor authorization, County CEO/Risk Management approval, County Counsel approval, and surety representative execution, with blank fields for bond number, penal sum amount, contract description, and execution date to be completed upon contract award.

View the file

Other files

Show all 19

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

County of Orange

LABOR AND MATERIAL PAYMENT BOND

BOND NO. __________________________

KNOW ALL BY THESE PRESENTS:

WHEREAS COUNTY OF ORANGE, a political subdivision of the State of California (“County”), has awarded to

(Contractor’s Name and Address)

Hereinafter called "Contractor," a contract for the work described as follows:

Hereinafter called "Contract"; and

WHEREAS, said Contractor is required by the provisions of Sections 9550 et. seq. of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth.

NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and

(Name and Address of Surety (ies) duly authorized to transact business under the laws of the State of California, as Surety (ies), hereinafter called “Surety (ies),” are held and firmly bound jointly and severally liable unto County in the penal sum of _____ ___ Dollars ($ ), lawful money of the United States, said sum being not less than the estimated amount payable by the said County under the terms of the Contract, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

BOND NO. ____________________

THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, his or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Chapter 5 of Title 3 of Part 6 of Division 4 of the Civil Code, and provided that the claimant shall have complied with the provisions of said Civil Code, the Surety (ies) shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety (ies) will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by County in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or his or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code. And the said Surety (ies), for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work, or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ___ day of _________,____.

APPROVED AS TO SURETY AND LIMITS CONTRACTOR

By By

CEO/Risk Management

By

Name & Title (see footnote)

APPROVED AS TO FORM

Office of the County Counsel Orange County, California

Name & Title (see footnote)

By By

SURETY (ies)

Dated

Deputy

Footnote: Pursuant to the requirements of California Corporations Code section 313, one of the following two methods must be used by a corporation when it enters into a contract with the County:

1) Two people must sign the document. One of them must be the chairman of the board, the president or any vice president.

The other must be the secretary, any assistant secretary, the chief financial officer or any assistant treasurer.

2) One corporate officer may sign the document, providing that written evidence of the officer’s authority to bind the corporation with only his or her signature must be provided. This evidence would ideally be a corporate resolution.

File details come from the government source that posted it. Updated .