INTEGRATED INSURANCE & FINANCIAL SERVICES

Sample Forms: Surety Bonds

Performance Bond
BOND NO. ____________
PREMIUM: ____________

WHEREAS, The ____________________________________, (hereinafter designated as

“Obligee”) and ___________________________ (hereinafter designated as “Principal”) have
entered into an agreement whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated __________________________ , and
identified as project _________________________ is hereby referred to and made a part hereof;
and
WHEREAS, Said principal is required under the terms of said agreement to furnish a bond
for the faithful performance of said agreement;
NOW, THEREFORE, We, the principal and ______________________ as surety, are held
and firmly bound unto the hereinafter called “The Obligee,” in the penal sum of
______________________________ dollars ($ _________________) lawful money of the United
States for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally firmly by these presents.
The condition of this obligation is such that if the above bound 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 provisions in the said agreement and any
alteration thereof made as therein provided, on his or their part, to be kept and perform and at the
time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees,
as therein stipulated, then this obligation shall become null and void; otherwise it shall be and
remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including reasonable
attorney’s fees, incurred by county in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the specification
accompanying the same shall in any wise 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
agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on

By ____________________________________________
PRINCIPAL
By: ____________________________________________
PRINCIPAL
By: _____________________________________________
ATTORNEY-IN-FACT

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Payment (Labor & Materials) Bond

BOND NO.__________________

KNOW ALL MEN/WOMEN BY THESE PRESENT that we,_______________________ as

Principal (also referred to herein as “CONTRACTOR”), and __________________________
as Surety, are held and firmly bound unto ____________, hereinafter called "OWNER," in the
sum of _______________________________________________Dollars ($___________),
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
present.

The condition of the above obligation is such that, whereas said Principal has been awarded
and is about to enter into the annexed Contract for the __________________________
[NAME OF PROJECT], in accordance with OWNER’s Call for Bids documents and
Principal’s Bid Dated _____________, and to which reference is hereby made for all
particulars, and is required by said “OWNER” to give this bond in connection with the
execution of said Contract;

NOW, THEREFORE, if said CONTRACTOR, its Subcontractors, its heirs, executors,

administrators, successors, or assigns, shall fail to pay (a) for any materials, provisions,
equipment, or other supplies used in, upon, for or about the performance of the WORK
contracted to be done under the Contract, or (b) for any work or labor thereon of any kind
contracted to be done under the Contract, or (c) for amounts due under the Unemployment
Insurance Code with respect to work or labor performed pursuant to the Contract, or (d) for
any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the CONTRACTOR and its Subcontractors under
Section 13020 of the Unemployment Insurance Code with respect to such work and labor, in
each case, as required by the provisions of Sections 9550-9566 inclusive, of the Civil Code of
the State of California and acts amendatory thereof, and sections of other codes of the State of
California referred to therein and acts amendatory thereof, and provided that the persons,
companies, corporations or other entities so furnishing said materials, provisions, provender,
equipment, or other supplies, appliances, or power used in, upon, for, or about performance of
the Work contracted to be executed or performed, or any person, company, corporation or
entity renting or hiring implements or machinery or power for or contributing to said Work to
be done, or any person who performs work or labor upon the same, or any person, company,
corporation or entity who supplies both work and materials therefor, shall have complied with
the provisions of said laws, then said Surety will pay in full the same in an amount not
exceeding the sum hereinabove set forth and also will pay, in case suit is brought upon this
bond, a reasonable attorney's fee, as shall be fixed by the Court. This bond shall inure to the
benefit of any and all persons named in Section 9100 of the Civil Code of the State of California
so as to give a right of action to them or their assigns in any suit brought upon this bond.

PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or
changes in the time of completion, which may be made pursuant to the terms of said Contract
Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor

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shall any extensions of time granted under the provisions of said Contract Documents release
either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the
Agreement is hereby waived by said Surety.

IN WITNESS WHEREOF, the Principal and the Surety have executed this instrument in
duplicate this ________________ day of ________________, 20_____.

_________________________________ __________________________________
Surety Principal

By: ______________________________ By: _______________________________

_________________________________ ___________________________________
Print Name/Title Print Name/Title

_________________________________ ___________________________________
Address Address

(______)__________________________ (_____)______________________________
Telephone Number Telephone Number

__________________________________ ____________________________________
Email Address Email Address

NOTARIAL CERTIFICATE OF ATTORNEY IN FACT AND SEAL OF SURETY

MUST BE ATTACHED.

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