Labor_and_Material_Payment_Bond.pdf

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.