Performance_Bond.pdf

PDF 341 KB Posted

Attached to
Irrigation Materials and Landscape Supplies
Solicitation number
060-2970301-CC
Issued by
Orange County, San Francisco City, California

About this file

Performance Bond

This is a Faithful Performance Bond document for the County of Orange, California, establishing the bonding requirements for contractors entering into agreements with the County. The bond secures the contractor's obligation to faithfully perform all work and services according to contract specifications, terms, and conditions. The bond is issued jointly and severally by the Principal (contractor) and the Surety (bonding company) in a penal sum amount to be determined based on the contract value, with the premium charged at a specified rate per thousand dollars of the contract price. The bond remains in full force regardless of any changes, extensions of time, alterations, or additions to the contract terms, work specifications, or scope, with the Surety waiving notice of such modifications. The bond obligates the Principal to indemnify, defend, and hold harmless the County and its officers and agents, and establishes that the County may recover all costs, reasonable expenses, and fees incurred in enforcing the bond obligation, which shall be taxed as costs and included in any judgment rendered.

Execution of the bond requires signatures from both the contractor and surety representative, with the surety's signature requiring notarization and attachment of a notarization certificate. The contractor must comply with California Corporations Code section 313, which requires either two authorized corporate signatories (chairman, president, vice president, secretary, assistant secretary, chief financial officer, or assistant treasurer) or a single officer with written evidence of binding authority. The bond must be approved by the County's Chief Executive Officer or Risk Management and by the Office of the County Counsel before execution. The bond is applicable to the County of Orange Sheriff-Coroner Department's procurement for Irrigation Materials and Landscape Supplies, with contract performance expected at three facility locations in Orange and Irvine with an initial three-year term and optional two-year renewal.

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Text version

Signature of Surety (ies) representative must be notarized. Attach certificate of notarization to this document.

Name of Surety (ies) Company must be typed or stamped above signature line of surety (ies) representative.

FAITHFUL PERFORMANCE BOND

BOND NO.

(The premium charged on this bond is $__________, being at the rate of $____________ per thousand of the Contract price.)

WHEREAS, the COUNTY OF ORANGE, a political subdivision of the State of California (“County”), entered into a contract dated_____________, hereinafter called (“Contract”) with

(Name and Address of Contractor) hereinafter called “Principal,” for the work described as follows:

; and

WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract.

NOW, THEREFORE, WE, the Principal, and

(Name and Address of Surety) duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called

“Surety,” are held and firmly bound jointly and severally liable unto County in the penal sum of _______ and 00/100s Dollars ($ ), lawful money of the United States, 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. _______________________

County of Orange

THE CONDITION OF THIS OBLIGATION is such that, if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to, and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as therein provided, on his or its part to be kept and performed, at the time and in the manner therein specified, in all respects according to their true intent and meaning, and shall indemnify, defend with counsel approved in writing by County , and save harmless the County , its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included cost and reasonable expenses and fees incurred by County in successfully enforcing such obligation, all to be taxed as cost and included in any judgment rendered. And 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, 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

CEO/Risk Management Name & Title (see footnote)

APPROVED AS TO FORM

Office of the County Counsel Orange County, California

Name & Title (see footnote)

By

SURETY

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.

Signature of Surety representative must be notarized. Attach certificate of notarization to this document. Name of Surety Company must be typed or stamped above signature line of surety representative.

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