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 from the City of Napa Public Works Department for construction contract performance guarantees. The form establishes the terms under which a contractor and its surety guarantee the quality of work performed on a City of Napa project. The warranty bond requires the contractor to guarantee its work and that of its subcontractors against defects in materials or workmanship discovered during a one-year warranty period commencing with the City's acceptance of the project. The bond is executed by the contractor, its surety, and approved by the City, with all parties bound by the terms and conditions outlined in the document.
The warranty bond amount is set at 15 percent of the final contract price unless otherwise specified in the contract documents. The surety waives provisions of California Civil Code Sections 2819 and 2845 and assumes responsibility for the City's attorneys' fees and costs in any enforcement action. Any disputes arising from the bond are governed by California law and subject to jurisdiction in Napa County Superior Court. The contractor is obligated to repair and remedy any defects discovered during the warranty period at its sole expense, or promptly reimburse the City for losses sustained due to the contractor's failure to perform such repairs in accordance with contract requirements. The surety's obligations remain in full force and effect until the contractor satisfactorily fulfills all warranty obligations.
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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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