Performance_Bond.pdf

PDF 341 KB Posted

Attached to
Routine Maintenance and Repairs of Industrial Laundry Equipment
Solicitation number
057-3021101-VRV
Issued by
Orange County, San Diego City, California

About this file

This is a Performance Bond template document required by the County of Orange, California for contract performance security. The bond secures the faithful performance of contracts awarded by the County of Orange Probation Department, including the Routine Maintenance and Repairs of Industrial Laundry Equipment procurement. The Performance Bond requires the contractor (Principal) and a surety company authorized to conduct business in California to be jointly and severally liable to the County in a penal sum representing the contract price. The bond must be notarized, with the surety company name typed or stamped above the signature line, and must be approved by both the County's Chief Executive Officer/Risk Management and the Office of the County Counsel prior to contract execution. The bond obligates the contractor to perform all covenants, conditions, and agreements specified in the underlying contract and indemnify the County against losses. The surety waives notice of any changes, extensions, alterations, or additions to the contract terms and agrees that its obligations remain in full force regardless of modifications to the contract specifications or work scope.

The Performance Bond premium is charged at a specified rate per thousand dollars of the contract price, with the actual premium amount and rate to be inserted in the bond document. California Corporations Code Section 313 requirements govern contractor signature authority, requiring either two corporate signatories in specified roles or a single officer with written evidence of authority to bind the corporation. The bond must include provisions allowing the County to recover all costs, reasonable expenses, and fees incurred in successfully enforcing the bond obligation, which are taxed as costs and included in any judgment rendered. No specific bond amount is stated in the template itself; however, for the related laundry equipment maintenance and repair contract, the Performance Bond amount must equal the estimated contract value as determined during the procurement evaluation process.

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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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