ARFQ DPS2400000036 - Bid Bonds.pdf

REV. 6/2013

BID BOND PREPARATION INSTRUCTIONS

AGENCY (A)

RFQ/RFP# (B)

Bid Bond

(A) WV State Agency (Stated on Page 1 “Spending Unit”)

KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned,

(C) of (D) , (E) , as Principal, and (F) of (G) ,

(H) , a corporation organized and existing under the laws of the State of (I) with its principal office in the City of

(J) , as Surety, are held and firmly bound unto The State of West Virginia, as Obligee, in the penal sum of (K) ($ (L) ) for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns.

The Condition of the above obligation is such that whereas the Principal has submitted to the Purchasing Section of the Department of Administration a certain bid or proposal, attached hereto and made a part hereof to enter into a contract in writing for (M)

NOW THEREFORE

(a) If said bid shall be rejected, or

(b) If said bid shall be accepted and the Principal shall enter into a contract in accordance with the bid or proposal attached hereto and shall furnish any other bonds and insurance required by the bid or proposal, and shall in all other respects perform the agreement created by the acceptance of said bid then this obligation shall be null and void, otherwise this obligation shall remain in full force and effect. It is expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated

The Surety for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the Obligee may accept such bid: and said Surety does hereby waive notice of any such extension.

WITNESS, the following signatures and seals of Principal and Surety, executed and sealed by a proper officer of Principal and Surety, or by Principal individually if Principal is an individual, the _(N)___ day of (O) , 20_(P)_.

Principal Seal (Q) (Name of Principal) (R)

By (S) (Must be President, Vice President, or Duly Authorized Agent)

(T) Title

Surety Seal (V)

(U) (Name of Surety)

(W)___________ Attorney-in-Fact

IMPORTANT – Surety executing bonds must be licensed in West Virginia to transact surety insurance, must affix its seal, and must attach a power of attorney with its seal affixed.

(B) Request for Quotation Number (upper right corner of page #1)

(C) Your Business Entity Name (or Individual Name if Sole Proprietor)

(D) City, Location of your Company

(E) State, Location of your Company

(F) Surety Corporate Name

(G) City, Location of Surety

(H) State, Location of Surety

(I) State of Surety Incorporation

(J) City of Surety’s Principal Office

(K) Minimum amount of acceptable bid bond is

5% of total bid. You may state “5% of bid” or a specific amount on this line in words.

(L) Amount of bond in numbers

(M) Brief Description of scope of work

(N) Day of the month

(O) Month

(P) Year

(Q) Name of Business Entity (or Individual Name if Sole Proprietor)

(R) Seal of Principal

(S) Signature of President, Vice President, or

Authorized Agent

(T) Title of Person Signing for Principal

(U) Seal of Surety

(V) Name of Surety

(W) Signature of Attorney in Fact of the Surety

NOTE 1:

Dated Power of Attorney with Surety Seal must accompany this bid bond.

Agency

REQ.P.O#

BID BOND

KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned, of , , as Principal, and of , , a corporation organized and existing under the laws of the State of with its principal office in the City of , as Surety, are held and firmly bound unto the State of West Virginia, as Obligee, in the penal sum of ($ ) for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns.

The Condition of the above obligation is such that whereas the Principal has submitted to the Purchasing Section of the

Department of Administration a certain bid or proposal, attached hereto and made a part hereof, to enter into a contract in writing for

NOW THEREFORE,

(a) If said bid shall be rejected, or

(b) If said bid shall be accepted and the Principal shall enter into a contract in accordance with the bid or proposal attached hereto and shall furnish any other bonds and insurance required by the bid or proposal, and shall in all other respects perform the agreement created by the acceptance of said bid, then this obligation shall be null and void, otherwise this obligation shall remain in full force and effect. It is expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for the value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid, and said Surety does hereby waive notice of any such extension.

WITNESS, the following signatures and seals of Principal and Surety, executed and sealed by a proper officer of Principal and

Surety, or by Principal individually if Principal is an individual, this day of , 20 .

Principal Seal (Name of Principal)

By

(Must be President, Vice President, or Duly Authorized Agent)

(Title)

Surety Seal (Name of Surety)

Attorney-in-Fact

IMPORTANT – Surety executing bonds must be licensed in West Virginia to transact surety insurance, must affix its seal, and must attach a power of attorney with its seal affixed.

LABOR AND MATERIAL PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

That as Principal, hereinafter called Contractor, and

(Contractor name, complete address including ZIP Code and legal title )

(Surety name and complete address including ZIP Code) a corporation organized and existing under the laws of the State of , with its principal office in the City of as Surety, hereinafter called Surety, are held firmly bound unto

(Owner name, complete address including ZIP Code and legal title) as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined in the amount of

Dollars ( ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fimly by these presents.

WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, well and truly perform the contract, and shall pay off, satisfy and discharge all claims of subcontractors, labors, materialmen and all persons furnishing material or doing work pursuant to the

CONTRACT and shall save Owner and its property harmless from any and all liability over and above the contract price thereof, between the Owner and the Contractor, for all of such labor and material, and shall fully pay off and discharge and secure the release of any and all mechanics liens which may be placed upon said property by any such subcontractor, laborer or materialmen, then this obligation shall be null and void. Otherwise, it shall remain in full force and effect.

Signed and sealed this *

Principal Corporate Seal day of 20 .

(Seal) (Contractor Name)

BY:

(Must be President, Vice President, Owner, Partner, Manager, Member, or other duly Authorized Agent)

Surety Corporate Seal

(Surety)

BY: (Seal)

NOTE: Please attach Power of Attorney.

*Power of Attorney must be certified on this date or later.

NOTE: Applicable sections of attached acknowledgments must be completed and returned as part of the bond.

APPROVED AG 09-12-16

ACKNOWLEDGMENTS

Acknowledgment by Principal if individual or Partnership

1. STATE OF

2. County of to-wit:

3. I, , a Notary Public in and for the

4. county and state aforesaid, do hereby certify that whose name is signed to the foregoing writing, has this day acknowledged the same before me in my said county.

5. Given under my hand this day of 20

6. Notary Seal 7:

(Notary Public)

8. My commission expires on the day of 20

Acknowledgment by Principal if Corporation

9. STATE OF

10. County of to-wit:

11. I, , a Notary Public in and for the

12. county and state aforesaid, do hereby certify that

13. who as, signed the foregoing writing for

14. a corporation, has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation.

15. Given under my hand this day of 20

16. Notary Seal

18. My commission expires on the day of

17:

(Notary Public)

Acknowledgment by Surety

19. STATE OF

20. County of to-wit:

21. I,

22. county and state aforesaid, do hereby certify that

, a Notary Public in and for the

23. who as, signed the foregoing writing for

24. a corporation, has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation.

25. Given under my hand this day of 20

26. Notary Seal

28. My commission expires on the day of

27:

(Notary Public)

Sufficiency in Form and Manner of Execution Approved

This day of 20 .

By:

Attorney General

(Deputy Attorney General)

ACKNOWLEDGMENT PREPARATION INSTRUCTIONS

1. IF PRINCIPAL IS AN INDIVIDUAL OR PARTNERSHIP, HAVE NOTARY COMPLETE LINES (1) THROUGH (8).

2. IF PRINCIPAL IS A CORPORATION, HAVE NOTARY COMPLETE LINES (9) through (18).

3. SURETY MUST HAVE NOTARY COMPLETE LINES (19) through (28).

4. Notaries must:

ACKNOWLEDGMENT BY PRINCIPAL, IF INDIVIDUAL OR PARTNERSHIP

1. Enter name of State.

2. Enter name of County.

3. Enter name of Notary Public witnessing transactions.

4. Enter name of principal covered by bond if individual or partnership. (Must be Owner or General Partner of Sole Proprietorship or Partnership)

5. Notary enters date bond was witnessed. Must be the same as or later than signature date.

6. Affix Notary Seal.

7. Notary affixes his/her signature.

8. Notary enters commission expiration date.

ACKNOWLEDGMENT BY PRINCIPAL IF CORPORATION

9. Enter name of State.

10. Enter name of County.

11. Enter name of Notary Public witnessing transactions.

12. Enter name of Corporate Officer signing bond.

13. Enter Title of Corporate Officer signing bond. (Must be President or Vice President of Corporation; Manager or Managing Member of Limited Liability

Company)

14. Enter name of Company or Corporation.

15. Notary enters date bond was witnessed. Must be the same as or later than signature date.

16. Affix notary Seal.

17. Notary affixes his/her signature.

18. Notary enters commission expiration date.

ACKNOWLEDGMENT BY SURETY

19. Enter name of State.

20. Enter name of County.

21. Enter name of Notary Public witnessing transactions.

22. Enter name of person having power of attorney to bind Surety Company.

23. Enter Title of person binding Surety Company.

24. Enter name of Insurance Company (Surety).

25. Notary enters date bond was witnessed. Must be the same as or later than signature date.

26. Affix Notary Seal.

27. Notary affixes his/her signature.

28. Notary enters commission expiration date.

POWER OF ATTORNEY INSTRUCTIONS

Power of attorney for surety must be attached showing that it was in full force and effect on signature date indicated on the face of the bond. A corporate seal must also be affixed to the Power of Attorney form.

a. Name of attorney in fact must be listed.

b. Power of Attorney may not exceed imposed limitations.

c. Certificate date, the signature date of bond must be entered.

d. Signature of authorizing official must be affixed. (Signature may be facsimile).

e. Seal must be affixed.

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That as Principal, hereinafter called Contractor, and

(Contractor name, complete address including ZIP Code and legal title)

(Surety name and complete address including ZIP Code) a corporation organized and existing under the laws of the State of , with its principal office in the City of as Surety, hereinafter called Surety, are held firmly bound unto

(Owner name, complete address including ZIP Code and legal title) as Obligee, hereinafter called Owner, in the amount of

Dollars ( ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, promptly and faithfully Perform and CONTRACT, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by the Owner.

Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly:

1. Complete the CONTRACT in accordance with its terms and conditions, and

2. Shall save the Owner harmless from any claims, judgments, or liens arising from the Surety's failure to either remedy the default or to complete the CONTRACT in accordance with its terms and conditions in a timely manner.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of

Owner.

Signed and sealed this *

Principal Corporate Seal day of 20 .

(Contractor Name)

BY:

(Must be President, Vice President, Owner, Partner, Manager, Member, or other duly Authorized Agent)

Surety Corporate Seal

(Surety)

NOTE: Please attach Power of Attorney.

BY: (Seal)

*Power of Attorney must be certified on this date or later.

NOTE: Applicable sections of attached acknowledgments must be completed and returned as part of the bond.

APPROVED AG 09-12-16

ACKNOWLEDGMENTS

Acknowledgment by Principal if individual or Partnership

1. STATE OF

2. County of to-wit:

3. I, , a Notary Public in and for the

4. county and state aforesaid, do hereby certify that whose name is signed to the foregoing writing, has this day acknowledged the same before me in my said county.

5. Given under my hand this day of 20

6. Notary Seal 7.

(Notary Public)

8. My commission expires on the day of 20

Acknowledgment by Principal if Corporation

9. STATE OF

10. County of to-wit:

11. I, , a Notary Public in and for the

12. county and state aforesaid, do hereby certify that

13. who as, signed the foregoing writing for

14. a corporation, has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation.

15. Given under my hand this day of 20

16. Notary Seal

18. My commission expires on the day of

17.

(Notary Public)

Acknowledgment by Surety

19. STATE OF

20. County of to-wit:

21. I,

22. county and state aforesaid, do hereby certify that

, a Notary Public in and for the

23. who as, signed the foregoing writing for

24. a corporation, has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation.

25. Given under my hand this day of 20

26. Notary Seal

28. My commission expires on the day of

27.

(Notary Public)

Sufficiency in Form and Manner of Execution Approved Attorney General

By:

This day of 20 .

(Deputy Attorney General)

ACKNOWLEDGMENT PREPARATION INSTRUCTIONS

1. IF PRINCIPAL IS AN INDIVIDUAL OR PARTNERSHIP, HAVE NOTARY COMPLETE LINES (1) THROUGH (8).

2. IF PRINCIPAL IS A CORPORATION, HAVE NOTARY COMPLETE LINES (9) through (18).

3. SURETY MUST HAVE NOTARY COMPLETE LINES (19) through (28).

4. Notaries must:

ACKNOWLEDGMENT BY PRINCIPAL, IF INDIVIDUAL OR PARTNERSHIP

1. Enter name of State.

2. Enter name of County.

3. Enter name of Notary Public witnessing transactions.

4. Enter name of principal covered by bond if individual or partnership. (Must be Owner or General Partner of Sole Proprietorship or Partnership)

5. Notary enters date bond was witnessed. Must be the same as or later than signature date.

6. Affix Notary Seal.

7. Notary affixes his/her signature.

8. Notary enters commission expiration date.

ACKNOWLEDGMENT BY PRINCIPAL IF CORPORATION

9. Enter name of State.

10. Enter name of County.

11. Enter name of Notary Public witnessing transactions.

12. Enter name of Corporate Officer signing bond.

13. Enter Title of Corporate Officer signing bond. (Must be President or Vice President of Corporation; Manager or Managing Member of Limited Liability

Company)

14. Enter name of Company or Corporation.

15. Notary enters date bond was witnessed. Must be the same as or later than signature date.

16. Affix notary Seal.

17. Notary affixes his/her signature.

18. Notary enters commission expiration date.

ACKNOWLEDGMENT BY SURETY

19. Enter name of State.

20. Enter name of County.

21. Enter name of Notary Public witnessing transactions.

22. Enter name of person having power of attorney to bind Surety Company.

23. Enter Title of person binding Surety Company.

24. Enter name of Insurance Company (Surety).

25. Notary enters date bond was witnessed. Must be the same as or later than signature date.

26. Affix Notary Seal.

27. Notary affixes his/her signature.

28. Notary enters commission expiration date.

POWER OF ATTORNEY INSTRUCTIONS

Power of attorney for surety must be attached showing that it was in full force and effect on signature date indicated on the face of the bond. A corporate seal must also be affixed to the Power of Attorney form.

a. Name of attorney in fact must be listed.

b. Power of Attorney may not exceed imposed limitations.

c. Certificate date, the signature date of bond must be entered.

d. Signature of authorizing official must be affixed. (Signature may be facsimile).

e. Seal must be affixed.