PAYMENT BOND - Build-laccd.org
PAYMENT BOND - Build-laccd.org
PAYMENT BOND - Build-laccd.org
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LOS ANGELES COMMUNITY COLLEGE DISTRICT<br />
DEPARTMENT OF FACILITIES PLANNING AND DEVELOPMENT<br />
PROPOSITION A/AA <strong>BOND</strong> PROGRAM<br />
<strong>PAYMENT</strong> <strong>BOND</strong><br />
Project No. ___________<br />
Bond No. ___________<br />
KNOW ALL PERSONS BY THESE PRESENTS:<br />
THAT WHEREAS, the Los Angeles Community College District (hereinafter referred to as "District") by<br />
Board action on _______, 20__, has awarded Construction Contract Number (hereinafter referred to as<br />
the “Contract”) to as Principal {hereinafter referred to as "Principal”) for the work described as follows:<br />
AND WHEREAS, said Principal is required by the Contract and/or by Division 3, Part IV, Title XV,<br />
Chapter 7 (commencing at Section 3247) of the California Civil Code to furnish a payment bond in connection<br />
with the Contract;<br />
NOW THEREFORE, we the Principal and<br />
(“Surety”), an admitted surety insurer pursuant to Code of Civil Procedure, Section 995.120, are held<br />
and firmly bound unto the District in the penal sum of Dollars ($ ) (this amount being not less than<br />
one hundred percent (100%) of the total sum payable by District under the Contract at the time the Contract is<br />
awarded by the District to the Principal) lawful money of the United States of America, for the payment of which<br />
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,<br />
jointly and severally, firmly by these presents.<br />
THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, its heirs, executors, administrators,<br />
successors, or assigns approved by District, or its subcontractors, of any contracting tier, shall fail to pay any<br />
person or persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code,<br />
with respect to work or labor performed under the Contract, or amounts required to be deducted, withheld, and<br />
paid over to the State of California Employment Development Department from the wages of employees of<br />
Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code<br />
with respect to such work and labor, then Surety will pay for the same, in or to an amount not exceeding the<br />
penal amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable<br />
attorney's fees as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV,<br />
Chapter 7 (commencing at section 3247) of the California Civil Code.<br />
This bond shall inure to the benefit of any of the persons named in section 3181 of the California Civil<br />
Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.<br />
No change, extension of time, alteration or modification of the Contract, or of the work to be performed<br />
thereunder, nor any rescission or attempted rescission of the Contract or this bond, nor any conditions precedent<br />
or subsequent in the bond or Contract attempting to limit the right of recovery of any claimant otherwise entitled to<br />
Form PA-0055 Page 1 of 2 Rev.2_03.27.07
LOS ANGELES COMMUNITY COLLEGE DISTRICT<br />
DEPARTMENT OF FACILITIES PLANNING AND DEVELOPMENT<br />
PROPOSITION A/AA <strong>BOND</strong> PROGRAM<br />
recover under the Contract or this bond, shall in any way affect Surety’s obligations on this bond; and Surety does<br />
hereby waive notice of any change, extension of time, alteration or modification of the Contract or of work to be<br />
performed thereunder.<br />
This bond shall be construed most strongly against the Surety and in favor of all persons for whose<br />
benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose<br />
benefit this bond has been given, by reason of any breach of the Contract by the District or Principal, but the sole<br />
conditions of recovery shall be that claimant is a person described in Section 3181 of the California Civil Code,<br />
and has not been paid the full amount of his or its claim.<br />
Surety’s obligations hereunder are independent of the obligations of any other surety for the<br />
performance of the Contract, and suit may be brought against Surety and such other sureties, joint and<br />
severally, or against any one or more of them or against less than all of them, without impairing the District<br />
rights against the others.<br />
Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.<br />
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all<br />
purposes be deemed an original thereof, have been duly executed by the Principal and Surety named therein,<br />
on the day of , 200 the name and corporate seal of each corporate party being hereto affixed and<br />
these presents duly signed by its undersigned representative pursuant to authority of its governing body.<br />
(SEAL AND NOTARIAL<br />
ACKNOWLEDGMENT OF Principal (Seal)<br />
SURETY)<br />
BY<br />
(Name and Title)<br />
(Mailing Address of Surety)<br />
Surety<br />
BY<br />
(Name and Title)<br />
Note: Notary acknowledgment for Surety and Surety’s Power of Attorney must be<br />
included or attached.<br />
Form PA-0055 Page 2 of 2 Rev.2_03.27.07