Warranty_Bond.pdf

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