Warranty_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 Warranty Bond form document prepared by the City of Napa Public Works Department for use in state and local construction contracts in California. The bond establishes a contractual guarantee between the City of Napa as obligee, a contractor as principal, and a surety company, requiring the contractor to warrant all work and materials on a specified project against defects in materials or workmanship discovered during a one-year warranty period commencing upon City acceptance of the project. The bond form includes standardized sections for project identification, contract pricing reference, warranty obligations, surety responsibilities, notice provisions, and dispute resolution procedures. The document is a template that requires completion with specific project details, contractor and surety information, effective dates, and authorized signatures from the contractor, surety, and City representatives, including notarized acknowledgment and power of attorney documentation from the surety.
The warranty bond amount is set at 15 percent of the final contract price unless otherwise specified in the contract documents. The surety's obligations remain in effect unless the contractor faithfully performs its warranty obligations and promptly repairs any discovered defects at its own expense, or reimburses the City for all losses sustained due to contractor failure to perform such repairs in accordance with contract requirements. The bond is governed by California law with exclusive venue in Napa County Superior Court, and the surety is responsible for the City's attorneys' fees and costs in any enforcement action. The document waives certain provisions of California Civil Code sections 2819 and 2845 and requires surety contact information for notice purposes.
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Text version
City of Napa Public Works Contract Documents Form 4.4 (2024-2-13)
Project Title ____________________ WARRANTY BOND Project Number _________________
Warranty Bond
City of Napa, a California charter city (“City”), and ____________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the _________________________________________________ Project (“Project”). The Contract is incorporated by reference into this Warranty Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and _______________ __________, its surety (“Surety”), are bound to City as obligee in the maximum amount of 15% of the final Contract Price, unless otherwise specified in the Contract Documents.
2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its
Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one-year period commencing with City’s acceptance of the Project (“Warranty Period”).
3. Surety’s Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from City, repairs and remedies, at its sole expense, any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses City for all loss and damage that City sustains because of Contractor’s failure to makes such repairs in accordance with the Contract requirements, then Surety’s obligations under this Bond will be null and void.
Otherwise, Surety’s obligations will remain in full force and effect.
4. Waiver. Surety waives the provisions of Civil Code §§ 2819 and 2845.
5. 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: ____________________________________________________
6. 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.
7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________.
[Signatures are on the following page.]
City of Napa Public Works Contract Documents Form 4.4 (2024-2-13)
Project Title ____________________ WARRANTY BOND Project Number _________________
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 WARRANTY BOND
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