Attachment E.pdf

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Note: This Bid Bond form is the only means of bid security that will be accepted by the S. C. Department of Transportation.

South Carolina Department

Date Bond Executed of Transportation

BID BOND

Principal Surety Amount of Bond 5% of Total Cost to Complete as shown on the Cost Proposal Bid form

Date of Bid

Project KNOW ALL MEN BY THESE PRESENTS, That we, the PRINCIPAL, hereinafter “PROPOSER”, and SURETY above named are held and firmly bound unto the South Carolina Department of Transportation, hereinafter called the Department, in the sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such as to operate as a guarantee that the PROPOSER will fully and promptly execute a contract and cause to be executed bonds acceptable to the Department, all as set forth in the Request for Proposal (RFP) for the Project identified above and PROPOSER’s Response to RFP, should the same be accepted, and that not longer than twenty (20) days after the receipt by the PROPOSER of contract forms from the Department, PROPOSER will execute a contract on the basis of the terms and conditions set forth in the RFP and PROPOSER’S Response to RFP together with and accompanied by a Performance and Indemnity bond conforming to the bond forms located on the Design-Build website under “Standard Forms” and satisfactory to the Department, in the total amount of said contract’s Contract Price as set forth in the Contract, and a Payment bond conforming to the bond forms located on the Design-Build website under “Standard Forms”, in the amount of 100% of the Contract Price, and that failure to perform shall be just and adequate cause for the annulment of the awards; and it is fully understood that in the event of the annulment of the award, the amount of this guarantee shall immediately be at the disposal of the Department, not as penalty, but as an agreed liquidated damage, such damages being, difficult to determine, are agreed between the parties to be reasonable under the circumstances existing as of the Proposal Due Date (as defined in the RFP) to compensate the Department for losses its will ensure as a result of PROPOSER’s failure to enter into the contract.. Should each and all of the foregoing conditions be fulfilled and Performance and Indemnity and Payment bonds, as set forth in the RFP be executed, bonds being satisfactory to the Department, this obligation shall be null and void; otherwise to remain in full force and effect.

IN WITNESS THEREOF, the above-burden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

In Presence of:

Witness (2 Required) 1.________________________________________

2.________________________________________

INDIVIDUAL OR PARTNERSHIPPROPOSER

__________________________________(Seal)

__________________________________(Seal)

Attest_____________________________________ Secretary Witness (2 Required)

Corporate Principal Business Address

2.________________________________________

By Title

Affix Corporate Seal

Witness (2 Required)

Corporate Surety Business Address

2._________________________________________

By Title

Affix Corporate Seal

Note: All signatures and other information must be furnished.

Note: Failure to affix a corporate seal does not invalidate this document - S.C. Code 33-1-200.