Performance_Bond.pdf
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- Attached to
- Internal Audit Services
- Solicitation number
- 2025-RFP-071
- Issued by
- San Bernardino County, California
About this file
This is a Performance Bond form document from the City of Napa Public Works Department, designed for use in municipal construction and services contracts. The form establishes a binding agreement between the City of Napa as obligee, a contractor as principal, and a surety company to ensure faithful performance of contract obligations. The performance bond amount is to be specified by the parties and remains in effect through the one-year warranty period following project acceptance, or until all contractor obligations are fully satisfied. The surety's obligations are coextensive with the contractor's obligations under the underlying contract, and the surety waives notification requirements for contract alterations, scope changes, or time extensions authorized under the contract documents.
Upon contractor default, the surety must act within timeframes specified in the contract general conditions to either arrange for work completion by the original contractor (if default is solely financial), engage a qualified replacement contractor with appropriate bonding at the surety's expense, or reimburse the City for costs incurred to complete remaining work. The bond is governed by California law with venue exclusively in Napa County Superior Court. If the surety defaults on bond obligations, the City may recover all costs resulting from such default, including legal, design professional, and delay costs, with the surety responsible for the City's attorney fees and costs in enforcement actions. The form requires completion of surety contact information, the effective date, and execution by authorized representatives of both the surety and contractor, along with notarized acknowledgment and power of attorney documentation.
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Text version
City of Napa Public Works Contract Documents Form 4.4 (2024-2-13)
Project Title ____________________ PERFORMANCE BOND Project Number _________________
Performance 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 Performance Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.
2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract, Surety’s obligations under this Bond will become null and void upon City’s acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise, Surety’s obligations will remain in full force and effect until expiration of the one-year warranty period under the Contract.
3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.
4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.
5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:
5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;
5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense;
or
5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed.
6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.
City of Napa Public Works Contract Documents Form 4.4 (2024-2-13)
Project Title ____________________ PERFORMANCE BOND Project Number _________________
7. Notice. 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: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________
8. 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.
9. Effective Date; Execution. This Bond is entered into and 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 PERFORMANCE BOND
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