EXHIBIT D Surety Proposal Bond Forms-EXHIBIT D Surety Proposal Bond Forms.pdf

-1- EXHIBIT A

EXHIBIT A

SURETY [BID] [PROPOSAL] BOND

(11/17/98)

Bond No. __________

KNOW TO ALL BY THESE PRESENTS:

That we, ________________________________________________________________, (Full Name or Legal Title of Offeror) as Offeror, hereinafter called Principal, and __________________________________________, (Name of Bonding Company) as Surety, hereinafter called Surety, a corporation authorized to transact business as a

Surety in the State of Hawaii, are held and firmly bound unto __________________________________, (State/County Entity) as Owner, hereinafter called Owner, in the penal sum of _________________________________

(Required Amount of Bid Security)

Dollars ($______________), lawful money of the United States of America, for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS:

The Principal has submitted an offer for

(Project by Number and Brief Description)

NOW, THEREFORE:

The condition of this obligation is such that if the Owner shall reject said offer, or in the alternate, accept the offer of the Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such offer, and give such bond or bonds as may be specified in the solicitation or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof as specified in the solicitation then this obligation shall be null and void, otherwise to remain in full force and effect.

-2- EXHIBIT A

Signed this _______ day of _______________, _______.

(Seal) ____________________________________

Name of Principal (Offeror)

Signature

Title

(Seal) ____________________________________

Name of Surety

-1- EXHIBIT B

EXHIBIT B

PERFORMANCE BOND (SURETY)

(6/21/07)

That _________________________________________________________________, (Full Legal Name and Street Address of Contractor) as Contractor, hereinafter called Principal, and ______________________________________

(Name and Street Address of Bonding Company) as Surety, hereinafter called Surety, a corporation(s) authorized to transact business as a surety in the State of Hawaii, are held and firmly bound unto the ______________________, its successors and assigns, hereinafter called Obligee, in the amount of __________________

DOLLARS ($__________________), to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above-bound Principal has signed a Contract with Obligee on ___________________, for the following project:

hereinafter called Contract, which Contract is incorporated herein by reference and made a part hereof.

NOW THEREFORE, the condition of this obligation is such that:

If the Principal shall promptly and faithfully perform, and fully complete the Contract in strict accordance with the terms of the Contract as said Contract may be modified or amended from time to time; then this obligation shall be void; otherwise to remain in full force and effect.

-2- EXHIBIT B

Surety to this Bond hereby stipulates and agrees that no changes, extensions of time, alterations, or additions to the terms of the Contract, including the work to be performed thereunder, and the specifications or drawings accompanying same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions, and agrees that they shall become part of the Contract.

In the event of Default by the Principal, of the obligations under the Contract, then after written Notice of Default from the Obligee to the Surety and the Principal and subject to the limitation of the penal sum of this bond, Surety shall remedy the Default, or take over the work to be performed under the Contract and complete such work, or pay moneys to the Obligee in satisfaction of the surety's performance obligation on this bond.

Signed this ________ day of _______________, _______.

(Seal) ___________________________________ Name of Principal (Contractor)

*ALL SIGNATURES MUST BE ACKNOWLEDGED

BY A NOTARY PUBLIC

-1- EXHIBIT C

EXHIBIT C

PERFORMANCE BOND

(11/17/98)

That we, ______________________________________________________________, as Contractor, hereinafter called Contractor, is held and firmly bound unto the

_________________________, its successors and assigns, as Obligee, hereinafter called (State/County Entity)

Obligee, in the amount of _______________________________________________________

(Dollar Amount of Contract)

DOLLARS ($_________________), lawful money of the United States of America, for the payment of which to the said Obligee, well and truly to be made, Contractor binds itself, its heirs, executors, administrators, successors and assigns, firmly by these presents. Said amount is evidenced by:

� Legal tender;

� Share Certificate unconditionally assigned to or made payable at sight to Description _______________________________________________________

� Certificate of Deposit, No. _______________, dated ______________, issued by drawn on ________________________________________________________, a bank, savings institution or credit union insured by the Federal Deposit

Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________

� Cashier's Check No. ___________________, dated _______________, issued by _____________________________________________________________, drawn on ________________________________________________________, a bank, savings institution or credit union insured by the Federal Deposit

Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________

-2- EXHIBIT C

� Teller's Check No. _____________________, dated _______________, issued by _____________________________________________________________, drawn on ________________________________________________________, a bank, savings institution or credit union insured by the Federal Deposit

Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to

� Treasurer's Check No. _________________, dated _______________, issued by _____________________________________________________________, drawn on ________________________________________________________, a bank, savings institution or credit union insured by the Federal Deposit

Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________

� Official Check No. ____________________, dated ________________, issued by _____________________________________________________________, drawn on ________________________________________________________, a bank, savings institution or credit union insured by the Federal Deposit

Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________

� Certified Check No. ___________________, dated ______________, accepted by a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned

The Contractor has by written agreement dated __________________ entered into a contract with Obligee for the following Project: ______________________________________

NOW, THEREFORE,

-3- EXHIBIT C

The condition of this obligation is such that, if Contractor shall promptly and faithfully perform the Contract in accordance with, in all respects, the stipulations, agreements, covenants and conditions of the Contract as it now exists or may be modified according to its terms, and shall deliver the Project to the Obligee, or to its successors or assigns, fully completed as in the Contract specified and free from all liens and claims and without further cost, expense or charge to the Obligee, its officers, agents, successors or assigns, free and harmless from all suits or actions of every nature and kind which may be brought for or on account of any injury or damage, direct or indirect, arising or growing out of the doing of said work or the repair or maintenance thereof or the manner of doing the same or the neglect of the Contractor or its agents or servants or the improper performance of the Contract by the Contractor or its agents or servants or from any other cause, then this obligation shall be void;

otherwise it shall be and remain in full force and effect.

AND IT IS HEREBY STIPULATED AND AGREED that suit on this bond may be brought before a court of competent jurisdiction without a jury, and that the sum or sums specified in the said Contract as liquidated damages, if any, shall be forfeited to the Obligee, its successors or assigns, in the event of a breach of any, or all, or any part of, the covenants, agreements, conditions, or stipulations contained in the Contract or in this bond in accordance with the terms thereof.

The amount of this bond may be reduced by and to the extent of any payment or payments made in good faith hereunder.

Signed this ________ day of _______________, _______.

Name of Contractor

-1- EXHIBIT D

EXHIBIT D

LABOR AND MATERIAL PAYMENT BOND (SURETY)

(6/21/07)

That _________________________________________________________________, as Contractor, hereinafter called Principal, and ______________________________________

(Name and Street Address of Bonding Company) as Surety, hereinafter called Surety, a corporation(s) authorized to transact business as a surety in the State of Hawaii, are held and firmly bound unto the ______________________, its successors and assigns, hereinafter called Obligee, in the amount of _________________

________ Dollars ($______________), to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above-bound Principal has signed Contract with the Obligee on ____________________ for the following project:

NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor and materials supplied to the Principal for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect.

1. Surety to this Bond hereby stipulates and agrees that no changes, extensions of time, alterations, or additions to the terms of the Contract, including the work to be performed thereunder, and the specifications or drawings accompanying same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions, and agrees that they shall become part of the Contract.

2. A "Claimant" shall be defined herein as any person who has furnished labor or materials to the Principal for the work provided in the Contract.

-2- EXHIBIT D

Every Claimant who has not been paid amounts due for labor and materials furnished for work provided in the Contract may institute an action against the Principal and its Surety on this bond at the time and in the manner prescribed in Section 103D-324, Hawaii Revised Statutes, and have the rights and claims adjudicated in the action, and judgment rendered thereon;

subject to the Obligee's priority on this bond. If the full amount of the liability of the Surety on this bond is insufficient to pay the full amount of the claims, then after paying the full amount due the Obligee, the remainder shall be distributed pro rata among the claimants.

Signed this _______ day of ______________, _______.

Name of Principal (Contractor)

-1- EXHIBIT E

EXHIBIT E

LABOR AND MATERIAL PAYMENT BOND

(11/17/98)

KNOW TO ALL BY THESE PRESENTS:

That we, ______________________________________________________________, (Full Legal Name and Street Address of Contractor) as Contractor, hereinafter called Contractor, is held and firmly bound unto the

___________________________, its successors and assigns, as Obligee, hereinafter called (State/County Entity)

Obligee, in the amount of _______________________________________________________

(Dollar Amount of Contract)

DOLLARS ($___________________), lawful money of the United States of America, for the payment of which to the said Obligee, well and truly to be made, Contractor binds itself, its heirs, executors, administrators, successors and assigns, firmly by these presents. Said amount is evidenced by:

� Legal tender;

� Share Certificate unconditionally assigned to or made payable at sight to Description _______________________________________________________

� Certificate of Deposit, No. ________________, dated ____________, issued by drawn on ________________________________________________________, a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________

� Cashier's Check No. ___________________, dated ______________, issued by drawn on ________________________________________________________, a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________

� Teller's Check No. _____________________, dated ______________, issued by drawn on ________________________________________________________, -2- EXHIBIT E a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to

� Treasurer's Check No. __________________, dated _____________, issued by drawn on ________________________________________________________, a bank, savings institution or credit union insured by the Federal Deposit

Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________

� Official Check No. ____________________, dated ______________, issued by drawn on ________________________________________________________, a bank, savings institution or credit union insured by the Federal Deposit

Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________

� Certified Check No. ____________________, dated _____________, accepted by a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________

The Contractor has by written agreement dated ____________________ entered into a contract with Obligee for the following Project: _____________________________________

NOW, THEREFORE,

The condition of this obligation is such that, if Contractor shall promptly and faithfully perform the Contract in accordance with, in all respects, the stipulations, agreements, covenants and conditions of the Contract as it now exists or may be modified according to its terms, free from all liens and claims and without further cost, expense or charge to the Obligee, its officers, agents, successors or assigns, free and harmless from all suits or actions of every

-3- EXHIBIT E

nature and kind which may be brought for or on account of any injury or damage, direct or indirect, arising or growing out of the doing of said work or the repair or maintenance thereof or the manner of doing the same or the neglect of the Contractor or its agents or servants or the improper performance of the Contract by the Contractor or its agents or servants or from any other cause, and shall promptly pay all persons supplying labor and materials for the performance of the Contract, then this obligation shall be void; otherwise it shall be and remain in full force and effect.

AND IT IS HEREBY STIPULATED AND AGREED that suit on this bond may be brought before a court of competent jurisdiction without a jury, and that the sum or sums specified in the said Contract as liquidated damages, if any, shall be forfeited to the Obligee, its successors or assigns, in the event of a breach of any, or all, or any part of, the covenants, agreements, conditions, or stipulations contained in the Contract or in this bond in accordance with the terms thereof.

AND IT IS HEREBY STIPULATED AND AGREED that this bond shall inure to the benefit of any and all persons entitled to file claims for labor performed or materials furnished in said work so as to give any and all such persons a right of action as contemplated by Sections 103D-324(d) and 103D-324(e), Hawaii Revised Statutes.

The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment of mechanics' liens which may be filed of record against the Project, whether or not claim for the amount of such lien be presented under and against this bond.

Signed this ______ day of ________________, _______.

Name of Contractor

Title

EXHIBIT I

EXHIBIT I

CONTRACTOR ACKNOWLEDGMENT

[FOR USE WITH PERFORMANCE AND PAYMENT BONDS]

(11/12/97)

CONTRACTOR ACKNOWLEDGMENT:

STATE OF ______________________)

: SS.

___________ COUNTY OF _________)

On this _________ day of ___________________, 19_____, before me appeared ____________________________ and ____________________________________ to me known to be the person(s) described in and, who, being by me duly sworn, did say that he/she/they is/are ____________________________ and ____________________________ of __________________________________________________________________________ the Contractor named in the foregoing instrument, and that he/she/they is/are authorized to sign said instrument in behalf of the Contractor, and acknowledges that he/she/they executed said instrument as the free act and deed of the Contractor.

(Notary Seal) Notary Public

State of ____________________________

My commission expires: ______________

EXHIBIT J

EXHIBIT J

SURETY ACKNOWLEDGMENT

[FOR USE WITH SURETY PERFORMANCE AND PAYMENT BONDS]

(11/12/97)

SURETY ACKNOWLEDGMENT:

STATE OF __________________________)

: SS.

___________ COUNTY OF _____________)

On this ______ day of _______________, 19_____, before me personally came ___________________________________________ to me known to be the person described in and, who, being by me, did depose and say that ______ resides in ____________________;

that ______ is the Attorney-in-Fact of _________________________________ the corporation described in and which executed the attached instrument; that _____ knows corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by order of the Board of Directors of the said corporation; and that _______ signed _________ name thereto by like order.

(Notary Seal) Notary Public

State of ____________________________

My commission expires: ______________