Performance_and_Payment_Bond_Forms.pdf
PDF 156 KB Posted
- Attached to
- Construction Management At Risk (CMAR) Terminal Restroom Modernization and Other Improvements Project
- Solicitation number
- 2026-RFP-080
- Issued by
- San Bernardino County, California
About this file
This document contains performance and payment bond forms required by the Ontario International Airport Authority (OIAA), a joint powers authority between the City of Ontario and San Bernardino County, California, for the Construction Manager at Risk (CMAR) Terminal Restroom Modernization and Other Improvements Project. The bonds serve as financial guarantees for contractor performance and payment obligations. The performance bond ensures the contractor will complete all work according to contract terms, while the payment bond protects the Authority and third parties (suppliers, laborers, and subcontractors) against non-payment for materials, labor, services, and amounts due under the Unemployment Insurance Act and California Revenue and Taxation Code. Both bonds must be executed by the contractor as principal and a surety company authorized to conduct business in California, with acknowledgment before a notary public. The forms accommodate corporate, individual, or partnership entities and require signatures from appropriate officers or representatives. The bond amounts must equal 100 percent of the annual contract value, and all changes, extensions, alterations, or additions to the contract terms do not affect the surety's obligations.
The bonds are mandatory requirements for contract award and must be provided prior to execution of the final contract agreement. The surety must confirm bonding capacity up to $50 million, as the estimated Program contract value ranges from $25 million to $30 million during the initial three-year term with potential growth to $50 million over the full five-year contract term (initial three-year period plus two optional one-year extensions). Additionally, proposers must submit a bid/proposal bond equal to 10 percent of the aggregate bid amount or provide a certified or cashier's check as an alternative. The bonds incorporate California Civil Code Division III, Part 4, Title 15 provisions and are enforceable by any person or entity entitled to file claims under applicable state law. Award is contingent upon execution of draft contract terms, provision of these bonds, acquisition of a City of Ontario business license, and completion of Security ID (SIDA) badge enrollment requirements.
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Performance & Payment Bond Forms Page 1 of 3
Contractor's Performance Bond Know all Men by these presents:
THAT
___________________________________________________________________________________________ as PRINCIPAL, and_____________________________________________________________________, a corporation organized under the laws and the State of __________________________and duly authorized to transact business under the laws of the State of California, as surety(ies), are held and firmly bound unto THE OIAA, A MUNICIPAL CORPORATION , as oblige, in the just and full sum of ____________________________________________________________________________Dollars ($ ________), 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.
| Contractor's Performance Bond |
| Know all Men by these presents: |
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