BondLaborMat.pdf
PDF 127 KB Posted
- Attached to
- CONSTRUCTION - PAVING
- Solicitation number
- ARFQ 0512 WEH2700000003 2
- Issued by
- Kanawha County, West Virginia
About this file
This is a Labor and Material Payment Bond form template designed for use by the West Virginia Office of Shared Administration, Purchasing Division, in conjunction with construction contracts. The bond serves as a guarantee that the contractor will fulfill all contractual obligations, pay all subcontractors and materialmen, and discharge any mechanics liens that may be filed against the project property. The document requires execution by the principal (contractor) and surety (bonding company), each authenticated through separate notarized acknowledgments. The bond amount must be specified and corresponds to the contract value for the underlying construction project. The bond references an executed written agreement between the contractor and project owner and incorporates by reference all associated drawings and specifications. Signatories must include authorized corporate officers (president, vice president, or equivalent managing authority) for both the contractor and surety, with corporate seals affixed to each signature block. The form requires certification of sufficient form and manner of execution by the state Attorney General or Deputy Attorney General prior to approval.
The surety must attach a certified Power of Attorney demonstrating that the signatory possessed full authority to bind the surety company on the bond signature date, with the certificate date matching the bond execution date. All notarizations must be completed by commissioned notaries public in their respective counties and states, with acknowledgments varying based on whether the principal is an individual, partnership, or corporation. The notary must verify that the acknowledgment date is the same as or later than the bond signature date and must record their commission expiration date. This bond template was approved by the Attorney General on September 12, 2016, and is mandatory for construction projects including federal funds, such as the parking lot repair and paving project at Welch Community Hospital referenced in the related contract opportunity.
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Text version
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)
(Seal)
Surety Corporate Seal (Title)
(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.
| Dollars: |
| 1: |
| 2: |
| in accordance with drawings and specifications prepared by 1: |
| in accordance with drawings and specifications prepared by 2: |
| day of: |
| Title: |
| Surety: |
| day of_2: |
| day of_3: |
| 12 county and state aforesaid do hereby certify that: |
| 13 who as: |
| 15 Given under my hand this: |
| day of_4: |
| day of_5: |
| 22 county and state aforesaid do hereby certify that: |
| 23 who as: |
| 25 Given under my hand this: |
| day of_6: |
| 28 My commission expires on the: |
| day of_7: |
| Contractor Name, complete Address including ZIP code, and legal title: |
| Surety Name and complete Address including ZIP code: |
| Corporation Name: |
| City Name: |
| Owner Name and complete Address including ZIP code and legal title: |
| Text Field1: |
| Amount: |
| Contractor Written Agreement Dated: |
| Contract Written Agreement Dated2: |
| Contractor Name: |
| Sign: |
| Year: |
| Name: |
| State: |
| County: |
| Name certify: |
| Given under my hand this: |
| Year_2: |
| Expiration: |
| Year_3: |
| State_2: |
| Name_2: |
| County_2: |
| Year_4: |
| Year_5: |
| Expiration Date_2: |
| State_3: |
| County_3: |
| Name_3: |
| a corporation: |
| Year_6: |
| Year_7: |
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