Performance_Bond.pdf
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- Solicitation number
- 060-2985106
- Issued by
- Orange County, San Diego City, California
About this file
Performance Bond Document Summary
This is a Faithful Performance Bond template issued by the County of Orange, California, for use in county contracts. The bond serves as a financial guarantee that the principal contractor will faithfully perform all obligations, covenants, conditions, and agreements specified in the underlying contract. The bond requires a designated penal sum amount in U.S. dollars, jointly and severally binding the contractor (principal) and the surety company. The surety must be duly authorized to conduct business under California law. The bond becomes null and void upon the contractor's complete and satisfactory performance of all contract terms; otherwise, it remains in full force. The surety waives notice of any changes, extensions, alterations, or additions to the contract terms, work specifications, or timeline, confirming that such modifications do not affect the surety's obligation on the bond.
The bond requires specific execution and authentication procedures, including notarization of the surety representative's signature with an attached certificate of notarization. The surety company name must be typed or stamped above the surety representative's signature line. Corporate signatories must comply with California Corporations Code section 313, requiring either two authorized officers (one from the executive ranks and one from the financial/administrative ranks) or a single officer with documented written authority. County approval is required both as to surety and limits (by the CEO or Risk Management) and as to form (by the Office of the County Counsel). Additionally, the bond includes language obligating the surety to indemnify and defend the County with counsel approved in writing, and making all costs and reasonable expenses incurred in enforcing the bond obligation, including attorney fees, taxable as costs in any judgment rendered against the principal or surety.
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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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