Payment_Bond.pdf
PDF 323 KB Posted
- Attached to
- Citywide Striping - Phase 2
- Solicitation number
- (30230810)
- Issued by
- Napa County, California
About this file
This is a Payment Bond form document issued by the City of Napa Public Works Department for use on public works contracts in California. The Payment Bond serves as a financial guarantee mechanism whereby the contractor and its surety pledge to ensure payment to authorized claimants for labor, materials, equipment, and related employment obligations associated with contracted work. The bond is structured under California Civil Code sections 9550 et seq. and 9100, establishing the surety's obligation to cover unpaid wages, unemployment insurance contributions, and Employment Development Department withholdings if the contractor or its subcontractors fail to make timely payments. The bond inures to the benefit of all persons legally authorized to assert claims under California Civil Code section 9100, including laborers, material suppliers, and equipment providers, who may pursue legal action against the bond if payment obligations are not met.
The Payment Bond becomes null and void upon the contractor's prompt payment of all sums due for labor, materials, and equipment in accordance with contract timelines and California law requirements. The surety waives notification requirements for contract alterations or performance extensions and waives provisions under Civil Code sections 2819 and 2845. The City waives the requirement for a new bond for any supplemental contracts. All disputes arising from the bond are governed by California law and subject to jurisdiction in Napa County Superior Court, with the surety responsible for the City's attorney fees and costs in enforcement actions. The bond form requires completion of project title, project number, contractor name, surety identification, bond amount, effective date, and surety contact information, along with notarized signatures from both the surety and contractor representatives.
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Text version
City of Napa Public Works Contract Documents Form 4.4 (2024-2-13)
Project Title ____________________ PAYMENT BOND Project Number _________________
Payment Bond
City of Napa, a California charter city (“City”), and ________________________ (“Contractor”) have entered into a contract for work on the <_________________________________________________> Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.
2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California
Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:
Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Napa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
[Signatures are on the following page.]
City of Napa Public Works Contract Documents Form 4.4 (2024-2-13)
Project Title ____________________ PAYMENT BOND Project Number _________________
7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__.
SURETY:
Business Name s/__________________________________ ______________________________ Date
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
Business Name s/__________________________________ ______________________________ Date
APPROVED BY CITY:
s/ __________________________________ ______________________________ Date
END OF PAYMENT BOND
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