Sample_Payment_and_Performance_Bonds.docx

DOCX document 32 KB Posted

Attached to
Redwood Rd MPM 5. 41
Solicitation number
RDS 26-22
Issued by
Napa County, California

About this file

This file contains sample Performance Bond and Labor and Material Bond templates for Napa County, California, applicable to public works contracts. The bonds serve as financial guarantees that contractors will fulfill their contractual obligations and pay for all materials, labor, and related costs associated with project execution. The Performance Bond ensures the principal contractor will complete the work in accordance with contract plans and specifications, while the Labor and Material Bond protects materialmen, laborers, equipment suppliers, and other entities providing resources to the project. Both bond forms reference a specific project by name and number and require signatures from the principal contractor and surety company, with notarization required for execution. The bonds authorize Napa County Counsel approval and explicitly allow for modifications, extensions, or revisions to the underlying contract without requiring notice to the surety.

The bond amounts are left blank in these templates, to be filled in based on the specific contract requirements. The Labor and Material Bond specifies that the surety will pay covered claims up to the bond amount plus reasonable attorney's fees as determined by the court, consistent with California Civil Code sections 9550 et seq. and 9100. Both bonds require that the surety be duly authorized under California law to issue bonds and undertakings. The templates establish joint and several liability between the principal and surety, binding them to Napa County as the obligee. These bonds are standard requirements for public works projects in California and would apply to the Redwood Road MPM 5.41 repair project, which involves rock slope protection installation and roadway reconstruction following storm damage.

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Other files

File Type Posted
Redwood_Rd_MPM_5.41.pdf PDF
Plan-Redwood_Rd_MPM_5.41.pdf PDF
Specifications-Redwood_Rd_MPM_5.41.pdf PDF
Sample_Construction_Contract.docx DOCX document
Sample_Napa_County_Bid_Bond_Form.pdf PDF

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Text version

NAPA COUNTY

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS THAT WE,,
whose address isas Principal, and
, duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are jointly and severally held and firmly bound unto NAPA COUNTY, a political subdivision of the State of California, as Obligee, in the full and just sum of
AND/100 DOLLARS

lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators, and assigns, jointly and severally, firmly by these presents.

THE CONDITION of the foregoing obligation is such that; whereas, the above bounden Principal has entered into a contract, or is about to enter into a contract with the Obligee to do and perform the following work, to-wit: PROJECT NAME, PROJECT NUMBER, as is more specifically set forth in said contract, to which contract reference is hereby made.

NOW, THEREFORE, if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the above obligation shall be null and void, otherwise shall remain in full force and effect.

THE SURETY does hereby consent to any and all alterations, modifications and revisions to the agreement secured by this bond including but not limited to, any extension of time for performance or modifications in manner of performance which may be agreed upon and between NAPA COUNTY as Obligee and the Principal, and the Surety does hereby waive notice of any alterations, modifications, revisions, or extensions.

SEALED with our seals and dated this day of , ____.

Principal (contractor):

Surety:

By:

By:

, Attorney in Fact

By:

Signatures for Principal and Surety must be acknowledged before Notary Public

APPROVED AS TO FORM:

Napa County Counsel

By:

PERFORMANCE BOND

PB-1

NAPA COUNTY

LABOR AND MATERIAL BOND

KNOW ALL PERSONS BY THESE PRESENTS THAT WE, _____________________________, as Principal, and ___________________________________ duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements, or machinery, for or contributing to said work to be done, and all persons who performed work or labor upon the same, and whose claim has not been paid by the contractor, company, or corporation, in the just and full sum of _________________________________ ($___________) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION of the foregoing obligation is such that; whereas the above bounden principal has entered into a contract, or is about to enter into a contract with NAPA COUNTY, a political subdivision of the State of California, to do and perform the following work, to-wit: PROJECT NAME, PROJECT NUMBER

NOW THEREFORE, if the above bounden Principal, contractor, person, company or corporation, or its subcontractor fails to pay for any materials, provisions, provender, other supplies, or terms used in, upon for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal or the subcontractors of the Principal pursuant to Unemployment Insurance Code section 13020 with respect to the work and labor, then the Surety of this bond will pay the same, in an amount not exceeding the sum specified in this bond as well as a reasonable attorney's fee, which shall be fixed and awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered.

THE SURETY does hereby consent to any and all alterations, modifications and revisions to the contract above referred to, and work and labor under which is secured by this bond, including but not limited to, any extension of time for performance or modifications in manner of performance which may be agreed upon by and between NAPA COUNTY and the Principal, and the Surety does hereby waive notice of any alterations, modifications, revisions, or extensions.

THIS BOND is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code section 9550, et seq., inclusive, and all amendments thereto and shall inure to the benefit of any of the persons named in Civil Code section 9100 so as to give a right of action to those person or their assigns in any suit brought upon the bond.

SEALED with our seals and dated this day of , ____.

Principal (contractor):
Surety:

By:

By: , Attorney in Fact

By:

Signatures for Principal and Surety must be acknowledged before Notary Public

APPROVED AS TO FORM:

Napa County Counsel

By:

LABOR AND MATERIAL BOND
LMB-1

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