Performance_and_Payment_Bond_Forms.pdf

Performance & Payment Bond Forms Page 1 of 3

Contractor's Performance Bond Know all Men by these presents:

THAT

___________________________________________________________________________________________ as PRINCIPAL, and_____________________________________________________________________, a corporation organized under the laws and the State of __________________________and duly authorized to transact business under the laws of the State of California, as surety(ies), are held and firmly bound unto THE OIAA, A MUNICIPAL CORPORATION , as oblige, in the just and full sum of ____________________________________________________________________________Dollars ($ ________), For the payment whereof well and truly to be made said principal and surety bind themselves, their heirs, executors, administrators, successors, and incorporated by reference herein, with said oblige to do and perform the following, to-wit:

as will more fully appear from said contract, reference to which is hereby made, and which said contract and all documents incorporated therein by reference are expressly made a part hereof.

The said surety, 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 shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition to the terms of the contract of the work, including any Task Order or Change Order.

NOW, THEREFORE, if the above bounded principal shall well and truly perform the work contracted to be done under said contract, and shall fully and faithfully carry out and perform all of the terms, covenants and conditions of said contract upon its part to be performed, then this obligation to be null and void, otherwise to remain in full force and effect.

No right of action shall be accrue under this bond to or for the use of any person other than the oblige named herein.

Signed and sealed this ___day of _______________________________A.D. 20___.

PRESIDENT

SECRETARY

BY

ATTORNEY-IN-FACT

Performance & Payment Bond Forms Page 2 of 3

CORPORATE ACKNOWLEDGMENT

STATE OF CALIFORNIA

ss.

COUNTY OF SAN BERNARDINO

On this ____ day of ____________________________________, 20 _____ before me, the undersigned, a Notary Public in and for said County, personally appeared ___________________________________ known to me to be the ___________________ President, and ____________________ known to me to be the ___________________ Secretary of ______________________ the Corporation that executed the within and foregoing instrument, and known to me to be the persons who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that such corporation executed the same.

WITNESS MY HAND AND OFFICIAL SEAL.

Notary Public in and for the County of _____________________, State of California

INDIVIDUAL

or

PARTNERSHIP ACKNOWLEDGMENT

STATE OF CALIFORNIA

ss.

COUNTY OF SAN BERNARDINO

On this ____ day of ___________________________, 20 _____ before me ___________ a Notary Public in and for THE said County and State, personally appeared known to me to be *the person whose name is subscribed to *one of the partners of the partnership that executed the within instrument and acknowledged to me *that such partnership executed the same *that …he executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

Notary Public in and for the County of _____________________, State of California

*Strike out words not applicable.

STATE OF __________________

ss.

COUNTY OF __________________

On this ______________ day of _______________________ in the year two thousand and ________ before, me _______________________, a Notary Public in and for County of _____________________, State of residing therein, duly commissioned and sworn, personally appeared ____________________ known to me to be the ____________________ of ________________________, the corporation that executed the within instrument, and also known to me to be the person _______________ who executed it on behalf of said corporation therein named, and ___________ he _____________ acknowledged to me that such individual/partnership executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in the ________________ County of ___________________ State of ____________________________

Performance & Payment Bond Forms Page 3 of 3

Payment Bond

Know all Men by these Presents:

THAT WE

_______________________________________________________________________________, as principal, and ________________________________________________________________________________, as surety(ies), are held and firmly bound unto the OIAA, California, a municipal corporation, in the sum of ____________________________________________________________________Dollars ($________________) lawful money of United States, for which, payment well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

Signed, sealed and dated The condition of the above obligation is such that, whereas said principal has been awarded and is about to enter into a written contract with the OIAA for Which contract is hereto attached and incorporated by reference herein, and to which reference is made for all particulars, and is required by said Authority to give this bond in connection with the execution of said contract;

Now, therefore, if said principal as contractor in said contract, or principal’s subcontractor(s), fails to pay for any materials, provisions, provender or other supplies or teams used in, upon of for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over the Franchise Tax Board from the wages of employees of the principal and its subcontractors pursuant to Sec. 18806 of the Revenue and Taxation Code of the State of California with respect to such work and labor, said surety(ies) will pay the same in an amount not exceeding the sum set forth above, and also in case suit is brough upon this bond, a reasonable attorney’s fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations, or their assigns, entitled to file claims under and by virtue of the applicable provisions of Division lll, Part 4 Title 15 (commencing with Section No. 3082) of the Civil Code of the State of California.

WITNESS our hands this ___________day of _____________________________, 20_____________, PRESIDENT

SECRETARY

Surety, Surety, Corporation, Partnership or Individual Principal must have signatures acknowledged in the appropriate blank on the reverse hereof. If a Corporation – Corporate Seal must be impressed hereon.