Bid Bond.pdf

24131 / Botetourt County- Circuit Courthouse 00 4200-1 BID BOND

Section 00 4200 Bid Bond

KNOW ALL PERSONS BY THESE PRESENTS: That

, the Contractor (“Principal”) whose principal place of business is located at , and , as surety (the “Surety”), whose address for delivery of Notices is , are well and firmly held and bound unto Botetourt County, Virginia, a political subdivision of the Commonwealth of Virginia, the Owner (“Obligee”), in the amount of five percent (5%) of the Amount (Total Base Bid plus all Additive Bid Items) bid by the Principal, for the payment whereof the Principal and the Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, by these presents.

WHEREAS, the Principal has submitted a bid for the

NOW THEREFORE, the conditions of this obligation are such that this Bid Bond guarantees that the Principal will not withdraw his bid during the period of ninety (90) days following the unsealing of bids; that if its bid is accepted, Principal will enter into a formal contract with the Owner in accordance with the Contract Documents included as part of the Invitation for Bids (“IFB Documents”); that the Principal will submit a properly executed Performance Bond and Labor and Material Payment Bond as included in the IFB Documents; and this in the event of a withdrawal of the Bid within said period, or failure to enter into said contract and give said bonds within ten (10) days after the Principal has received notice of award of the Contract, Principal and Surety shall be jointly and severally liable to the Owner for the difference between the amount specified in Principal’s bid and such larger amount for which the Owner may contract with another party to perform the Work covered by said bid, up to the amount of the bid guarantee. This amount represents the actual damages of the Owner caused by the default of the bidder.

The Surety furthermore represents unto the Principal and unto the Obligee that it is a good and solvent surety company authorized to do business in the Commonwealth of Virginia.

Signed and Sealed this day of , 20 .

Contractor/Principal

Witness: By:

Name:

Title:

Continued on next page.

24131 / Botetourt County- Circuit Courthouse 00 4200-2 BID BOND

Surety

Witness: By:

Name:

Title:

Affidavit of Attorney-in-Fact

COMMONWEALTH/STATE OF

CITY/COUNTY OF

) to wit:

I, the undersigned notary public, do certify that , whose name is signed to the foregoing bid bond in the amount of five percent (5%) of the Total Bid Amount and which names Botetourt County, Virginia, a political subdivision of the Commonwealth of Virginia, as Obligee, personally appeared before me today in the above-named jurisdiction and made oath that he or she is the lawful and true attorney-in-fact of , a , which is the Surety in the foregoing bond, that he or she is duly authorized to execute on the above Surety’s behalf the foregoing bond pursuant to the Power of Attorney noted above and attached hereto, and on behalf of the Surety, he or she acknowledged the foregoing bond before me as the above Surety’s act and deed.

He or she has further certified that his or her Power of Attorney has not been revoked.

If recorded, the Power of Attorney is of record in the Clerk’s Office for , as Deed Book , page , or Instrument No. .

My commission expires:

Notary registration number:

Notary Public

Section 00 5200 – Agreement Form Botetourt County, Virginia

Construction Contract Between Owner and Contractor This contract (“Contract”) dated as of the day of , 2024, is made by and between the Botetourt County, Virginia, a political subdivision of the Commonwealth of Virginia (“Owner” or the “County”) and , a [state] [type of entity] (“Contractor”).

Recitals

WHEREAS, on , the Owner prequalified four general contractors for this Project;

and

WHEREAS, on , 2024, the Owner posted and advertised an Invitation for Bids (IFB) for construction contractors to bid on construction of the Botetourt County Courthouse Project—Bid Package B (the “Project”) for days until , 2024, in accordance with the procedures for competitive sealed bidding under the Virginia Public Procurement Act, Code of Virginia, §§ 2.2-4300 et seq., and the Botetourt County Purchasing Manual; and

WHEREAS, on , 2024, the Owner, in accordance with the IFB, unsealed bids on , 2024, and Contractor was the apparent lowest responsive, responsible bidder; and

WHEREAS, the Owner issued its Notice of Intent to Award on , 2024, and the Owner awarded the Contract to Contractor on , 2024.

Witnesseth

NOW THEREFORE, in consideration of the foregoing recitals, which are expressly incorporated herein, the mutual promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner and the Contractor agree as follows:

1. Addresses for Notices.

Owner:

Attn: Deputy County Administrator Botetourt County, Virginia 57 South Center Drive Daleville, Virginia 24083

(540) 928-2106 DMoorman@botetourtva.gov, REvans@botetourtva.gov

With a copy to:

Attn: County Attorney Spilman, Thomas & Battle PLLC 310 First Street, Suite 1100 (ZIP 24011) Post Office Box 90 Roanoke, Virginia 24002-0090

(540) 512-1800 mlockaby@botetourtva.gov

Contractor:

Each party may change the addresses above by giving notice to the other party or parties, without need of a formal amendment to this Contract.

2. Statement of the Work.

See “ ,” dated , 2024, which is incorporated herein (the “Plans and Specifications”).

3. Contract Documents.

a. The following documents are incorporated herein as if fully set forth:

i. The Bid Package, including all attachments.

ii. The Plans and Specifications.

iii. The General Conditions of the Construction Contract.

iv. The Supplemental Conditions of the Construction Contract.

v. The Contractor’s Bid.

vi. Any Post-Bid Modifications.

b. All dates and time limits set forth in the Contract Documents are of the essence of this Contract.

c. This Contract may be signed by the Owner and the Contractor in as many counterparts as may be necessary, and each will be considered an original.

d. Anything called for by one of the Contract Documents and not called for by the others is of like effect as if required or called for by all, except that a provision clearly designed to negate or alter a provision contained in one or more of the Contract Documents will have the intended effect. Whenever possible, the Contract must be read as a whole with all parts being harmonized so as to avoid conflict. In the event of a conflict between or among the Contract Documents, the precedence of the Contract Documents is: the Contract; the Supplemental General Conditions; the General Conditions; Post-Bid Modifications, if any; the Plans and Specifications; the Contractor’s Bid.

e. This Contract is to be presumed severable.

4. Time for Completion.

The Contractor must commence work on the date specified in the Notice to Proceed from the Owner. The Contractor must achieve Substantial Completion within days or not later than the Contract Completion Date. The Contractor must achieve Final Completion of the Work within 30 days after Substantial Completion of the Work.

5. Compensation to be Paid to the Contractor.

The Owner agrees to pay, and the Contractor agrees to accept as just and adequate compensation for the performance of the Work in accordance with the Contract Documents, the sum of

6. Payment.

The procedures for establishing a Schedule of Values for the Work, for requesting monthly progress payments for Work in place, and for requesting payments for properly stored materials are stated in the General Conditions. Unless otherwise provided under the Contract Documents, interest on payments due to the Contractor will accrue at the rate of one percent per month. See Code of Virginia, § 2.2-4354.

7. Authorization to Transact Business.

The Contractor certifies that, if it is organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership, it is authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law, and shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. The Contractor understands and agrees that the Owner may void this Contract if the Contractor fails to comply with these provisions.

8. Debarment and Enjoinment.

By signing this Contract, the undersigned on behalf of the Contractor, and the Contractor, certify that the Contractor, including any officer, director, partner, or owner of the Contractor, is not currently barred from bidding on contracts by any the Commonwealth of Virginia, any political subdivision of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government, nor is this Contractor a subsidiary or affiliate of any entity that is currently barred from bidding on contracts by any of the same.

IN WITNESS WHEREOF, the parties have executed the Contract as follows as of the date first stated above:

For Contractor:

By:

For Owner:

By:

Name: Name: Gary P. Larrowe

Its: Its: County Administrator

Witness: Witness: