Bonding Requirements. The Contractor shall provide the following bonds: A. A "Payment Bond" (material and labor bond) from a California admitted surety and in the form attached hereto, shall be provided by Contractor for the Project within five (5) working days after the District has issued a Notice to Proceed for the Project. The Payment Bond shall be for One Hundred Percent (100%) of the Final GMP of the Project, to satisfy claims of materials suppliers and of mechanics and laborers employed on the Project. The Payment Bond shall be maintained by the Contractor in full force and effect for the Project until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Payment Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit “C.” In the event the Final GMP is increased in accordance with the provisions set forth in Section 9 above, the Contractor must increase the Payment Bond to equal the revised GMP. The Payment Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 and is theorized by the State of California. B. A "Faithful Performance Bond" from a California admitted surety and in the form attached hereto shall be provided by Contractor for the Project within five (5) working days after the District has issued a Notice to Proceed on the Project. The Faithful Performance Bond shall be for One Hundred Percent (100%) of the Final GMP for the Project to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the District, and that all materials and workmanship shall be free from original or developed defects. The Faithful Performance Bond shall be in the form attached hereto and shall be maintained by the Contractor in full force and effect until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Faithful Performance Bond shall name the District as the entity to which the Principal and Surety, as defined in the Faithful Performance Bond, are bound. The Faithful Performance Bond shall be attached to this Construction Services Agreement as Exhibit "D." In the event the GMP is increased in accordance with the provisions set forth in Section 9 above, Contractor must increase the Faithful Performance Bonds to equal the revised GMP. The Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 and is authorized by the State of California. C. The bonds required by this Section shall meet the following criteria: (1) Each bond shall be signed by both the Contractor and a notary and the signature of the authorized agent of the surety shall be notarized. (2) Should any bond become insufficient, the Contractor shall renew or amend the bond within ten (10) calendar days after receiving notice from the District. (3) Should any surety at any time not be a California admitted surety, notice will be given to the District to that effect. No further payments shall be deemed due or shall be made under this Construction Services Agreement until a new surety shall qualify and be accepted by the District. (4) Changes in the work, or extensions of time, made pursuant to the Construction Services Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety. D. Contractor is hereby authorized to obtain a Performance and Payment Bond from any subcontractors selected by Contractor at its discretion. Any bonds required by this subsection shall comply with the requirements set forth above in Section 21 (A)-(C).
Appears in 8 contracts
Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement
Bonding Requirements. The Contractor shall provide the following bonds:
A. A "“Payment Bond" ” (material and labor bond) from a California admitted surety and in the form attached hereto, hereto as Exhibit “D,” shall be provided by Contractor for the Project within five (5) working days after the District has issued a Notice prior to Proceed for the Projectexecution of this Construction Services Agreement. The Payment Bond shall be for One Hundred Percent (100%) of the Final GMP of the Project, to satisfy claims of materials suppliers and of mechanics and laborers employed on the Project. The Payment Bond shall be maintained by the Contractor in full force and effect for the Project until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Payment Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit “C.D.” In the event the Final GMP is increased in accordance with the provisions set forth in Section 9 9, above, the Contractor must increase the Payment Bond to equal the revised GMP. The Payment Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 995.120. In addition, to the extent required by law, the Payment Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Riverside that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and is theorized by four copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance of the State of California.
B. A "“Faithful Performance Bond" ” from a California admitted surety and in the form attached hereto as Exhibit “E” shall be provided by Contractor for the Project within five (5) working days after the District has issued a Notice prior to Proceed on the Projectexecution of this Construction Services Agreement. The Faithful Performance Bond shall be for One Hundred Percent (100%) of the Final GMP for the Project to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the District, and that all materials and workmanship shall be free from original or developed defects. The Faithful Performance Bond shall be in the form attached hereto and shall be maintained by the Contractor in full force and effect until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Faithful Performance Bond shall name the District as the entity to which the Principal and Surety, as defined in the Faithful Performance Bond, are bound. The Faithful Performance Bond Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit "D." “E.” In the event the GMP is increased in accordance with the provisions set forth in Section 9 9, above, Contractor must increase the Faithful Performance Bonds to equal the revised GMP. The Faithful Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 995.120. In addition, to the extent required by law, the Faithful Performance Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Riverside that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and is authorized by four copies of the insurer’s most recent annual statement and quarterly statement have been filed with the Department of Insurance of the State of California.
C. The bonds required by this Section shall meet the following criteria:
(1) . Each bond shall be signed by both the Contractor and a notary and the signature of the authorized agent of the surety shall be notarized.
(2) . Should any bond become insufficient, the Contractor shall renew or amend the bond within ten (10) calendar days after receiving notice from the District.
(3) . Should any surety at any time not be a California admitted surety, notice will shall be given to the District to that effect. No further payments shall be deemed due or shall be made under this Construction Services Agreement until a new surety shall qualify and be accepted by the District.
(4) . Changes in the work, or extensions of time, made pursuant to the Construction Services Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.
D. Contractor is hereby authorized to obtain a Performance and Payment Bond from any subcontractors Subcontractors selected by Contractor at its discretion. Any bonds bond required by this subsection shall comply with the requirements set forth above in Section 21 (A)-(C).20.A. - C.
Appears in 5 contracts
Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement
Bonding Requirements. The Contractor shall provide the following bonds:
A. A "“Payment Bond" ” (material and labor bond) from a California admitted surety and in the form attached hereto, hereto as Exhibit “D,” shall be provided by Contractor for the Project within five (5) working days after prior to execution of the District has issued a Notice to Proceed Construction Services Agreement for the construction services of the Project. The Payment Bond shall be for One Hundred Percent (100%) of the Final GMP of the Project, to satisfy claims of materials suppliers and of mechanics and laborers employed on the Project. The Payment Bond shall be maintained by the Contractor in full force and effect for the Project until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Payment Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit “C.D.” In the event the Final GMP is increased in accordance with the provisions set forth in Section 9 9, above, the Contractor must increase the Payment Bond to equal the revised GMP. The Payment Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 995.120. In addition, to the extent required by law, the Payment Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Riverside that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and is theorized by four copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance of the State of California.
B. A "“Faithful Performance Bond" ” from a California admitted surety and in the form attached hereto as Exhibit “E” shall be provided by Contractor for the Project within five (5) working days after prior to execution of the District has issued a Notice to Proceed on Construction Services Agreement for the construction services of the Project. The Faithful Performance Bond shall be for One Hundred Percent (100%) of the Final GMP for the Project to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the District, and that all materials and workmanship shall be free from original or developed defects. The Faithful Performance Bond shall be in the form attached hereto and shall be maintained by the Contractor in full force and effect until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Faithful Performance Bond shall name the District as the entity to which the Principal and Surety, as defined in the Faithful Performance Bond, are bound. The Faithful Performance Bond Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit "D." “E.” In the event the GMP is increased in accordance with the provisions set forth in Section 9 9, above, Contractor must increase the Faithful Performance Bonds to equal the revised GMP. The Faithful Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 995.120. In addition, to the extent required by law, the Faithful Performance Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Riverside that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and is authorized by four copies of the insurer’s most recent annual statement and quarterly statement have been filed with the Department of Insurance of the State of California.
C. The bonds required by this Section shall meet the following criteria:
(1) . Each bond shall be signed by both the Contractor and a notary and the signature of the authorized agent of the surety shall be notarized.
(2) . Should any bond become insufficient, the Contractor shall renew or amend the bond within ten (10) calendar days after receiving notice from the District.
(3) . Should any surety at any time not be a California admitted surety, notice will shall be given to the District to that effect. No further payments shall be deemed due or shall be made under this the Construction Services Agreement until a new surety shall qualify and be accepted by the District.
(4) . Changes in the work, or extensions of time, made pursuant to the Construction Services Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.
D. Contractor is hereby authorized to obtain a Performance and Payment Bond from any subcontractors Subcontractors selected by Contractor at its discretion. Any bonds bond required by this subsection shall comply with the requirements set forth above in Section 21 (A)-(C).20.A. - C.
Appears in 5 contracts
Samples: Construction Services Agreement, Site Lease, Construction Services Agreement
Bonding Requirements. The Contractor shall provide the following bonds:
A. A "“Payment Bond" ” (material and labor bond) from a California admitted surety and in the form attached hereto, shall be provided by Contractor for the Project within five (5) working days after the District has issued a Project commencement date in the Notice to Proceed for the Project. The Payment Bond shall be for One Hundred Percent (100%) of the Final GMP of the Project, to satisfy claims of materials suppliers and of mechanics and laborers employed on the Project. The Payment Bond shall be maintained by the Contractor in full force and effect for the Project until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Payment Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit “C.D.” In the event the Final GMP is increased in accordance with the provisions set forth in Section 9 above, the Contractor must increase the Payment Bond to equal the revised GMP. The Payment Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 Section 995.120. In addition, to the extent required by law, the Payment Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Xxxx that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has that it has been renewed, and is theorized by four copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance of the State of California.
B. A "“Faithful Performance Bond" ” from a California admitted surety and in the form attached hereto shall be provided by Contractor for the Project within five (5) working days after Project commencement date in the District has issued a Notice to Proceed on the ProjectProceed. The Faithful Performance Bond shall be for One Hundred Percent (100%) of the Final GMP for the Project to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the District, and that all materials and workmanship shall be free from original or developed defects. The Faithful Performance Bond shall be in the form attached hereto and shall be maintained by the Contractor in full force and effect until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Faithful Performance Bond shall name the District as the entity to which the Principal and Surety, as defined in the Faithful Performance Bond, are bound. The Faithful Performance Bond shall be attached to this Construction Services Agreement as Exhibit "D." “E.” In the event the GMP is increased in accordance with the provisions set forth in Section 9 above, Contractor must increase the Faithful Performance Bonds to equal the revised GMP. The Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 Section 995.120. In addition, to the extent required by law, the Performance Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Xxxx that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has that it has been renewed, and is authorized by four copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance of the State of California.
C. The bonds required by this Section section shall meet the following criteria:
(1) Each bond shall be signed by both the Contractor and a notary and the signature of the authorized agent of the surety shall be notarized.
(2) Should any bond become insufficient, the Contractor shall renew or amend the bond within ten (10) calendar days after receiving notice from the District.
(3) Should any surety at any time not be a California admitted surety, notice will be given to the District to that effect. No further payments shall be deemed due or shall be made under this Construction Services Agreement until a new surety shall qualify and be accepted by the District.
(4) Changes in the work, or extensions of time, made pursuant to the Construction Services Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.
D. Contractor is hereby authorized to obtain a Performance and Payment Bond from any subcontractors selected by Contractor at its discretion. Any bonds required by this subsection shall comply with the requirements set forth above in Section 21 19 (A)-(C).
Appears in 1 contract
Samples: Construction Services Agreement
Bonding Requirements. The Contractor shall provide the following bonds:
A. A "“Payment Bond" ” (material and labor bond) from a California admitted surety and in the form attached hereto, hereto as Exhibit “D,” shall be provided by Contractor for the Project within five (5) working days after prior to execution of the District has issued a Notice to Proceed Construction Services Agreement for the construction services of the Project. The Payment Bond shall be for One Hundred Percent (100%) of the Final GMP of the Project, to satisfy claims of materials suppliers and of mechanics and laborers employed on the Project. The Payment Bond shall be maintained by the Contractor in full force and effect for the Project until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Payment Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit “C.D.” In the event the Final GMP is increased in accordance with the provisions set forth in Section 9 9, above, the Contractor must increase the Payment Bond to equal the revised GMP. The Payment Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 995.120. In addition, to the extent required by law, the Payment Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Orange that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and is theorized by four copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance of the State of California.
B. A "“Faithful Performance Bond" ” from a California admitted surety and in the form attached hereto as Exhibit “E” shall be provided by Contractor for the Project within five (5) working days after prior to execution of the District has issued a Notice to Proceed on Construction Services Agreement for the construction services of the Project. The Faithful Performance Bond shall be for One Hundred Percent (100%) of the Final GMP for the Project to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the District, and that all materials and workmanship shall be free from original or developed defects. The Faithful Performance Bond shall be in the form attached hereto and shall be maintained by the Contractor in full force and effect until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Faithful Performance Bond shall name the District as the entity to which the Principal and Surety, as defined in the Faithful Performance Bond, are bound. The Faithful Performance Bond Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit "D." “E.” In the event the GMP is increased in accordance with the provisions set forth in Section 9 9, above, Contractor must increase the Faithful Performance Bonds to equal the revised GMP. The Faithful Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 995.120. In addition, to the extent required by law, the Faithful Performance Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Orange that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and is authorized by four copies of the insurer’s most recent annual statement and quarterly statement have been filed with the Department of Insurance of the State of California.
C. The bonds required by this Section shall meet the following criteria:
(1) . Each bond shall be signed by both the Contractor and a notary and the signature of the authorized agent of the surety shall be notarized.
(2) . Should any bond become insufficient, the Contractor shall renew or amend the bond within ten (10) calendar days after receiving notice from the District.
(3) . Should any surety at any time not be a California admitted surety, notice will shall be given to the District to that effect. No further payments shall be deemed due or shall be made under this the Construction Services Agreement until a new surety shall qualify and be accepted by the District.
(4) . Changes in the work, or extensions of time, made pursuant to the Construction Services Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.
D. Contractor is hereby authorized to obtain a Performance and Payment Bond from any subcontractors Subcontractors selected by Contractor at its discretion. Any bonds bond required by this subsection shall comply with the requirements set forth above in Section 21 (A)-(C).20.A. - C.
Appears in 1 contract
Samples: Construction Services Agreement
Bonding Requirements. The Contractor Builder shall provide the following bonds:
A. A "Payment Bondpayment bond" (material and labor bond) from a California admitted surety and in the form attached heretoto this Agreement, shall be provided by Contractor for the Project within five (5) working days after the District has issued a Notice to Proceed Builder for the Project. The Payment Bond payment bond shall be for One Hundred Percent (100%) of the Final GMP of the ProjectGMP, to satisfy claims of materials suppliers and of mechanics and laborers employed on the Project. The Payment Bond payment bond shall be maintained by the Contractor Builder in full force and effect for the Project until the Project is fully completed Fully Completed and accepted Accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Payment Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit “C.” In the event the Final GMP is increased in accordance with the provisions set forth in Section 9 above, the Contractor must increase the Payment Bond to equal the revised GMP. The Payment Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 and is theorized by the State of California.
B. A "Faithful Performance Bondfaithful performance bond" from a California admitted surety and in the form attached hereto to this Agreement shall be provided by Contractor Builder for the Project within five (5) working days after the District has issued a Notice to Proceed on the Project. The Faithful Performance Bond faithful performance bond shall be for One Hundred Percent (100%) of the Final GMP for the Project to guarantee faithful performance of all workwork required by this Agreement, within the time prescribed, in a manner satisfactory to the District, and that all materials and workmanship shall be free from original or developed defects. The Faithful Performance Bond shall be in the form attached hereto and faithful performance bond shall be maintained by the Contractor Builder in full force and effect until the Project is fully completed Fully Completed and accepted Accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Faithful Performance Bond faithful performance bond shall name the District as the entity to which the Principal principal and Suretysurety, as defined in the Faithful Performance Bondfaithful performance bond, are bound. The Faithful Performance Bond shall be attached to this Construction Services Agreement as Exhibit "D." In the event the GMP is increased in accordance with the provisions set forth in Section 9 above, Contractor must increase the Faithful Performance Bonds to equal the revised GMP. The Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 and is authorized by the State of California.
C. The bonds required by this Section 16 shall meet the following criteria:
(1) Each bond shall be signed by both the Contractor Builder and a notary and the signature of the authorized agent of the surety shall be notarized.
(2) Should any bond become insufficient, the Contractor Builder shall renew or amend the bond within ten (10) calendar days after receiving notice from the District.
(3) Should any surety at any time not be a California admitted surety, notice will be given to the District Builder to that effect. No further payments shall be deemed due or shall be made under this Construction Services Agreement until a new surety shall qualify and be accepted by the District.
(4) Changes in this Agreement or the work, or extensions or modifications of time, made pursuant to the Construction Services Agreement this Agreement, shall in no way release the Contractor Builder or the surety from its obligations. Notice of such changes changes, modifications, or extensions shall be waived by the surety.
D. Contractor District shall reimburse Builder as part of the GMP, the cost of bonds required hereunder.
E. To the extent, if any, that the GMP is hereby authorized increased in accordance with this Agreement, the Builder shall cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the District. If the Builder fails to furnish the required bonds, the District may terminate this Agreement for cause.
F. Only bonds executed by admitted Surety insurers as defined in Code of Civil Procedure § 995.120 shall be accepted. The surety insurers must, at the time of issuance of the bonds, unless otherwise agreed to by District is writing, have a rating not lower than “A-XII” as rated by A.M. Best Company, Inc. or other independent rating companies. District reserves the right to approve or reject the surety insurers selected by Builder and to require Builder to obtain a Performance and Payment Bond bonds from any subcontractors selected by Contractor at its discretion. Any bonds required by this subsection surety insurers satisfactory to the District, which approval shall comply with the requirements set forth above in Section 21 (A)-(C)not be unreasonably withheld, delayed, or conditioned.
Appears in 1 contract
Samples: Lease Leaseback Agreement
Bonding Requirements. The Contractor shall provide the following bonds:
A. A "“Payment Bond" ” (material and labor bond) from a California admitted surety and in the form attached hereto, hereto as Exhibit “C,” shall be provided by Contractor for the Project within five (5) working days after the District has issued a Notice prior to Proceed for the Projectexecution of this Construction Services Agreement. The Payment Bond shall be for One Hundred Percent (100%) of the Final GMP of the Project, to satisfy claims of materials suppliers and of mechanics and laborers employed on the Project. The Payment Bond shall be maintained by the Contractor in full force and effect for the Project until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Payment Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit “C.” In the event the Final GMP is increased in accordance with the provisions set forth in Section 9 9, above, the Contractor must increase the Payment Bond to equal the revised GMP. The Payment Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 995.120. In addition, to the extent required by law, the Payment Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Riverside that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and is theorized by four copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance of the State of California.
B. A "“Faithful Performance Bond" ” from a California admitted surety and in the form attached hereto as Exhibit “D” shall be provided by Contractor for the Project within five (5) working days after the District has issued a Notice prior to Proceed on the Projectexecution of this Construction Services Agreement. The Faithful Performance Bond shall be for One Hundred Percent (100%) of the Final GMP for the Project to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the District, and that all materials and workmanship shall be free from original or developed defects. The Faithful Performance Bond shall be in the form attached hereto and shall be maintained by the Contractor in full force and effect until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Faithful Performance Bond shall name the District as the entity to which the Principal and Surety, as defined in the Faithful Performance Bond, are bound. The Faithful Performance Bond Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit "“D." ” In the event the GMP is increased in accordance with the provisions set forth in Section 9 9, above, Contractor must increase the Faithful Performance Bonds to equal the revised GMP. The Faithful Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 995.120. In addition, to the extent required by law, the Faithful Performance Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Riverside that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and is authorized by four copies of the insurer’s most recent annual statement and quarterly statement have been filed with the Department of Insurance of the State of California.
C. The bonds required by this Section shall meet the following criteria:
(1) . Each bond shall be signed by both the Contractor and a notary and the signature of the authorized agent of the surety shall be notarized.
(2) . Should any bond become insufficient, the Contractor shall renew or amend the bond within ten (10) calendar days after receiving notice from the District.
(3) . Should any surety at any time not be a California admitted surety, notice will shall be given to the District to that effect. No further payments shall be deemed due or shall be made under this Construction Services Agreement until a new surety shall qualify and be accepted by the District.
(4) . Changes in the work, or extensions of time, made pursuant to the Construction Services Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.
D. Contractor is hereby authorized to obtain a Performance and Payment Bond from any subcontractors Subcontractors selected by Contractor at its discretion. Any bonds bond required by this subsection shall comply with the requirements set forth above in Section 21 (A)-(C).20.A. - C.
Appears in 1 contract
Samples: Construction Services Agreement
Bonding Requirements. The Contractor shall provide the following bonds:
A. A "“Payment Bond" ” (material and labor bond) from a California admitted surety and in the form attached hereto, hereto as Exhibit “D,” shall be provided by Contractor for the Project within five (5) working days after the District has issued a Notice prior to Proceed for the Projectexecution of this Construction Services Agreement. The Payment Bond shall be for One Hundred Percent (100%) of the Final GMP of the Project, to satisfy claims of materials suppliers and of mechanics and laborers employed on the Project. The Payment Bond shall be maintained by the Contractor in full force and effect for the Project until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Payment Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit “C.D.” In the event the Final GMP is increased in accordance with the provisions set forth in Section 9 9, above, the Contractor must increase the Payment Bond to equal the revised GMP. The Payment Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 995.120. In addition, to the extent required by law, the Payment Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Orange that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and is theorized by four copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance of the State of California.
B. A "“Faithful Performance Bond" ” from a California admitted surety and in the form attached hereto as Exhibit “E” shall be provided by Contractor for the Project within five (5) working days after the District has issued a Notice prior to Proceed on the Projectexecution of this Construction Services Agreement. The Faithful Performance Bond shall be for One Hundred Percent (100%) of the Final GMP for the Project to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the District, and that all materials and workmanship shall be free from original or developed defects. The Faithful Performance Bond shall be in the form attached hereto and shall be maintained by the Contractor in full force and effect until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Faithful Performance Bond shall name the District as the entity to which the Principal and Surety, as defined in the Faithful Performance Bond, are bound. The Faithful Performance Bond Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit "D." “E.” In the event the GMP is increased in accordance with the provisions set forth in Section 9 9, above, Contractor must increase the Faithful Performance Bonds to equal the revised GMP. The Faithful Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 995.120. In addition, to the extent required by law, the Faithful Performance Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of Orange that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and is authorized by four copies of the insurer’s most recent annual statement and quarterly statement have been filed with the Department of Insurance of the State of California.
C. The bonds required by this Section shall meet the following criteria:
(1) . Each bond shall be signed by both the Contractor and a notary and the signature of the authorized agent of the surety shall be notarized.
(2) . Should any bond become insufficient, the Contractor shall renew or amend the bond within ten (10) calendar days after receiving notice from the District.
(3) . Should any surety at any time not be a California admitted surety, notice will shall be given to the District to that effect. No further payments shall be deemed due or shall be made under this Construction Services Agreement until a new surety shall qualify and be accepted by the District.
(4) . Changes in the work, or extensions of time, made pursuant to the Construction Services Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.
D. Contractor is hereby authorized to obtain a Performance and Payment Bond from any subcontractors Subcontractors selected by Contractor at its discretion. Any bonds bond required by this subsection shall comply with the requirements set forth above in Section 21 (A)-(C).20.A. - C.
Appears in 1 contract
Samples: Construction Services Agreement
Bonding Requirements. The Contractor shall provide the following bonds:
A. : A "“Payment Bond" ” (material and labor bond) from a California admitted surety and in the form attached hereto, hereto as Exhibit “C,” shall be provided by Contractor for the Project within five (5) working days after the District has issued a Notice prior to Proceed for the Projectexecution of this Construction Services Agreement. The Payment Bond shall be for One Hundred Percent (100%) of the Final GMP of the Project, to satisfy claims of materials suppliers and of mechanics and laborers employed on the Project. The Payment Bond shall be maintained by the Contractor in full force and effect for the Project until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Payment Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit “C.” In the event the Final GMP is increased in accordance with the provisions set forth in Section 9 10, above, the Contractor must increase the Payment Bond to equal the revised GMP. The Payment Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 and is theorized 995.120. In addition, to the extent required by law, the Payment Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California.
B. , a certificate from the Clerk of the County of Sacramento that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and four copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance of the State of California. A "“Faithful Performance Bond" ” from a California admitted surety and in the form attached hereto as Exhibit “D” shall be provided by Contractor for the Project within five (5) working days after the District has issued a Notice prior to Proceed on the Projectexecution of this Construction Services Agreement. The Faithful Performance Bond shall be for One Hundred Percent (100%) of the Final GMP for the Project to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the District, and that all materials and workmanship shall be free from original or developed defects. The Faithful Performance Bond shall be in the form attached hereto and shall be maintained by the Contractor in full force and effect until the Project is fully completed and accepted and until all claims for materials and labor are paid, and shall otherwise comply with California law. The Faithful Performance Bond shall name the District as the entity to which the Principal and Surety, as defined in the Faithful Performance Bond, are bound. The Faithful Performance Bond Bond, once obtained, shall be attached to this Construction Services Agreement as Exhibit "“D." ” In the event the GMP is increased in accordance with the provisions set forth in Section 9 10, above, Contractor must increase the Faithful Performance Bonds to equal the revised GMP. The Faithful Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure section 995.120 and is authorized 995.120. In addition, to the extent required by law, the Faithful Performance Bond must be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California.
C. , a certificate from the Clerk of the County of Sacramento that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has, that it has been renewed, and four copies of the insurer’s most recent annual statement and quarterly statement have been filed with the Department of Insurance of the State of California. The bonds required by this Section shall meet the following criteria:
(1) : Each bond shall be signed by both the Contractor and a notary and the signature of the authorized agent of the surety shall be notarized.
(2) . Should any bond become insufficient, the Contractor shall renew or amend the bond within ten (10) calendar days after receiving notice from the District.
(3) . Should any surety at any time not be a California admitted surety, notice will shall be given to the District to that effect. No further payments shall be deemed due or shall be made under this Construction Services Agreement until a new surety shall qualify and be accepted by the District.
(4) . Changes in the work, or extensions of time, made pursuant to the Construction Services Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.
D. . Contractor is hereby authorized to obtain a Performance and Payment Bond from any subcontractors Subcontractors selected by Contractor at its discretion. Any bonds bond required by this subsection shall comply with the requirements set forth above in Section 21 (A)-(C).20.A. - C.
Appears in 1 contract
Samples: Construction Services Agreement