Performance_Bond_(1).docx
DOCX document 27 KB Posted
- Attached to
- Tennis Court Resurfacing
- Solicitation number
- 197312
- Issued by
- Santa Clara County, California
About this file
This is a Contractor's Performance Surety Bond template issued by the City of Palo Alto, California for use in public improvement projects. The bond serves as a security instrument that guarantees a contractor's faithful performance and completion of work in accordance with the contract terms and specifications. The bond secures the contractor's obligations to perform all covenants, conditions, and provisions of the underlying agreement, satisfy all claims and demands, and protect and indemnify the City from liabilities arising from the contractor's failure to perform. The surety bond remains in effect throughout the contract term and covers any alterations, extensions of time, or additions to the work without requiring notice to the surety. The bond includes liability for liquidated damages assessed against the principal contractor, as well as all costs, reasonable expenses, and reasonable attorney's fees incurred by the City in enforcing the bond obligations.
The bond amount is set at one hundred percent of the contract sum, which for the related Tennis Court Resurfacing project (IFB #197312) means a performance bond equal to the full value of the awarded contract must be submitted within ten business days of contract award. The template requires execution by both the contractor and an admitted surety authorized to conduct business in California, with notarization required. The bond stipulates that the surety waives provisions of California Civil Code Sections 2845 and 2849 and acknowledges the City as the principal beneficiary with all associated party rights. For the tennis court resurfacing project, liquidated damages are assessed at $1,050 per day for failure to achieve project completion by the December 31, 2026 deadline, which obligations are secured under this performance bond in addition to the face amount.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Tennis_Court_Resurfacing_(Addendum_#1_Revision).pdf | ||
| Tennis_Court_Resurfacing.pdf | ||
| Bid_Form_Tennis_Ct_Resurfacing.docx | DOCX document | |
| SPECS_-_TENNIS_COURT_RESURFACING.docx | DOCX document | |
| Payment_Bond_(1).docx | DOCX document | |
| Bid_Bond_Form_.docx | DOCX document | |
| Bidders_Questionaire.docx | DOCX document | |
| SCOPE_OF_WORK.docx | DOCX document | |
| Performance_Bond_(1).docx | DOCX document | |
| Construction_Contract,_General_Conditions,_and_Change_Orders.pdf |
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Text version
CONTRACTOR’S PERFORMANCE SURETY BOND
WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”) have entered into an agreement dated , and identified as , which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements; and
WHEREAS, Principal is required under the terms of said agreement to furnish a surety bond for the faithful performance of said agreement.
NOW, THEREFORE, Principal and _______________________________________________, as Surety, incorporated under the Laws of the State of , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors, or assigns shall promptly and faithfully keep and perform the covenants, conditions, and provisions of the above-mentioned agreement and any alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such agreement and shall fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal’s failure to do so, and shall reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
As part of the obligations secured hereto, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety shall be liable for any liquidated damages for which the Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefore.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code Section 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal Surety above named on _______________, 20_____.
_______________ Phone Number: ______ Name of Surety
Signature of Surety
| By: | Its: |
| Typed or Printed Name | Title |
Name of Contractor/Principal
Signature of Contractor/Principal
| By: | Its: |
| Typed or Printed Name | Title |
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
| STATE OF | ) |
| COUNTY OF | ) |
| On | , before me, | , a notary public in and for said County, personally appeared | , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. |
| I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. |
WITNESS my hand and official seal.
(Seal)
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