Clark Development Corporation Design and Build Services for the Clark 230 KV
Power Transmission Line Project- Phase 3A
Clark Freeport Zone, Philippines
Standard Form Number: SF-INFR-36
Revised on: July 29, 2004
FORM OF BID SECURITY (BANK GUARANTEE)
WHEREAS, __(Name of Bidder)__ (hereinafter called “the Bidder”) has submitted his bid dated __(Date)__ for the Design-Build Services for the Clark 230 KV Power Transmission Line Project-Phase 3A (hereinafter called “the Bid”).
KNOW ALL MEN by these presents that We __(Name of Bank)__ of __(Name of Country)__ having our registered office at ______(hereinafter called “the Bank”) are bound unto Clark Development Corporation(hereinafter called “the Entity”) in the sum of ______[4] for which payment well and truly to be made to the said Entity the Bank binds himself, his successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this _____ day of ______20___.
THE CONDITIONS of this obligation are that:
1) if the Bidder withdraws his Bid during the period of bid validity specified in the Form of Bid; or
2) if the Bidder does not accept the correction of arithmetical errors of his bid price in accordance with the Instructions to Bidder; or
3) if the Bidder having been notified of the acceptance of his bid and award of contract to him by the Entity during the period of bid validity:
a) fails or refuses to execute the Form of Contract in accordance with the Instructions to Bidders, if required; or
b) fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders;
we undertake to pay to the Entity up to the above amount upon receipt of his first written demand, without the Entity having to substantiate its demand, provided that in his demand the Entity will note that the amount claimed by it is due to the occurrence of any one or combination of the three (3) conditions stated above.
The Guarantee will remain in force up to and including the date ______[5] days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may be extended by the Entity, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date.
DATE ______SIGNATURE OF THE BANK ______
WITNESS______SEAL ______
(Signature, Name and Address)
Standard Form Number: SF-INFR-37
Revised on: July 29, 2004
BID SECURITY: SURETY BOND
BOND NO.: ______DATE BOND EXECUTED: ______
By this bond, We __(Name of Bidder)__ (hereinafter called “the Principal”) as Principal and __(Name of Surety)__ of the country of (Name of Country of Surety), authorized to transact business in the country of Philippines (hereinafter called “the Surety”) are held and firmly bound unto Clark Development Corporation (hereinafter called “the Entity”) as Obligee, in the sum of ______[6], Philippine currency, callable on demand by the Entity for the payment of which sum, well and truly to be made, we, the said Principal and Surety bind ourselves, our successors and assigns, jointly and severally, firmly by these presents.
SEALED with our seals and dated this _____ day of ______20 ______
WHEREAS, the Principal will submit a written Bid to the Entity on the __(Date)__ day of ___(Month)___ 20 _Year_, for the Design-Build Services for the Clark 230 KV Power Transmission Line Project-Phase 3A (hereinafter called “the Bid”).
NOW, THEREFORE, the conditions of this obligation are that:
1) if the Principal withdraws his Bid during the period of bid validity specified in the Form of Bid; or
2) if the Principal does not accept the correction of arithmetical errors of his bid price in accordance with the Instruction’s to Bidders: or
3) if the Principal having been notified of the acceptance of his Bid and award of contract to him by the Entity during the period of bid validity:
a) fails or refuses to execute the Form of Contract in accordance with the Instructions to Bidders, if required; or
b) fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders;
then the Entity shall call on the bond upon a written demand to the Surety, and the Surety shall pay the Entity up to the entered amount of the Bond, upon receipt by the Surety of a written demand from the Entity, without the Entity having to substantiate its demand, provided that, in the demand, the Entity will note that the sum claimed by it is due to the occurrence of any or combination of the three conditions stated above. In this case, this obligation shall remain in full force and effect, otherwise it shall be null and void.
PROVIDED HOWEVER, that the Surety shall not be:
a) liable for a greater sum than the specified penalty of this bond, nor
b) liable for a greater sum that the difference between the amount of the said Principal’s Bid and the amount of the Bid that is accepted by the Entity.
This Surety executing this instrument hereby agrees that its obligation shall be valid for 120 calendar days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may be extended by the Entity, notice of which extension(s) to the Surety is hereby waived.
PRINCIPAL ______SURETY ______
SIGNATURE(S) ______SIGNATURES(S) ______
NAME(S) AND TITLE(S) ______NAME(S) ______
SEAL ______SEAL ______
Standard Form Number: SF-INFR-38
Revised on: August 11, 2004
Bid Security: GSIS Bond
Republic of the Philippines
GOVERNMENT SERVICE INSURANCE SYSTEM
GENERAL INSURNCE FUND
GSIS Makati Building, Legaspi St.
Legaspi Village, Makati, Metro Manila
G ( ) GIF Bond _____
KNOW ALL MEN BY THESE PRESENTS:
That we, ______(Name of Bidder)______represented by its ______, as PRINCIPAL, and the GOVERNMENT SERVICE INSURANCE SYSTEM as Administrator of the General Insurance Fund, a corporation duly organized and existing under and by virtue of the laws of the Philippines, with head office at Manila, as SURETY, are held and firmly bound unto the OBLIGEE, Clark Development Corporation in the sum of PESOS ______(P______), callable on demand, Philippine Currency, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above bonded PRINCIPAL will submit a bid for the ____(Name of the Contract)_____ on the ______day of ______, 20 ______at ______am/pm.
WHEREAS, the conditions of aforementioned OBLIGEE require the BIDDER a bond for the said bid.
WHEREAS, the PRINCIPAL agrees to comply with all the terms and conditions of the said bid with the aforementioned OBLIGEE;
NOW, THEREFORE, the conditions of this obligation are that:
4) if the Principal withdraws his Bid during the period of bid validity specified in the Form of Bid; or
5) if the Principal does not accept the correction of arithmetical errors of his bid price in accordance with the Instruction’s to Bidders: or
6) if the Principal having been notified of the acceptance of his Bid and award of contract to him by the Entity during the period of bid validity:
c) fails or refuses to execute the Form of Contract in accordance with the Instructions to Bidders, if required; or
d) fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders;
then the Entity shall call on the bond upon a written demand to the Surety, and the Surety shall pay the Entity up to (the next is unreadable) amount of the Bond, upon receipt by the Surety of a written demand from the Entity, without the Entity having to substantiate its demand, provided that in the demand, the Entity will note that the sum claimed by it is due to the occurrence of any or combination of the three conditions stated above. In this case, this obligation shall remain in full force and effect, otherwise it shall be null and void.
PROVIDED HOWEVER, that the Surety shall not be:
c) liable for a greater sum than the specified penalty of this bond, nor
d) liable for a greater sum that the difference between the amount of the said Principal’s Bid and the amount of the Bid that is accepted by the Entity.
WITNESS OUR HANDS AND SEALS this ______day of ______, 20 _____, at ______, Philippines.
GOVERNMENT SERVICE INSURANCE SYSTEM
General Insurance Fund
Principal
By: By:
______
SIGNED IN THE PRESENCE OF:
______
Standard Form Number: SF-INFR-39
Revised on: August 11, 2004
AUTHORITY OF SIGNATORY
SPECIAL POWER OF ATTORNEY
I, ______, President of _(Name of the Bidder)_, a corporation incorporated under the laws of ______with its registered office at ______, by virtue of Board Resolution No. ______dated ______, has made, constituted and appointed ______true and lawful attorney, for it and its name, place and stead, to do, execute and perform any and all acts necessary and/or represent ______in the bidding of Design-Build Services for the Clark 230 KV Power Transmission Line Project-Phase 3A as fully and effectively as corporation might do if personally present with full power of substitution and revocation and hereby confirming all that said representative shall lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, I have hereunto set may hand this ______day of ______, 20____ at ______.
Signed in the Presence of:
______
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
QUEZON CITY )SS.
BEFORE ME, a Notary Public for and in Quezon City, Philippines, this ______day of ______, 20______, personally appeared:
NAME CTC NO. ISSUED AT/ON
______
______
known to me and known to be the same person who executed the foregoing instrument consisting of ______( ) pages, including the page whereon the acknowledgments is written and acknowledged before me that the same is his free and voluntary act and deed and that of the Corporation he represents.
WITNESS MY HAND AND NOTARIAL SEAL, at the place and on the date first above written.
Notary Public
Until 31 December 20____
PTR No.______
Issued at:______
Issued on:______
TIN No. ______
Doc. No. ______
Page No. ______
Book No. ______
Series of ______.
The Authority of the Signatory is a requirement in the Technical Envelope. It refers to the authority of the signing official solely intended for the project: in the case of single proprietorship, there must be an affidavit of the owner or a Special Power of Attorney; for partnerships, a partnership resolution from the General Manager of President; for corporations, a board resolution with secretary’s certificate; and for joint-venture, a resolution signed by all the joint-venture partners.
Standard Form Number: SF-INFR-40
Revised on: August 11, 2004
AUTHORITY OF SIGNATORY
SECRETARY’S CERTIFICATE
I, ______, a duly elected and qualified Corporate Secretary of _____(Name of the Bidder)_____, a corporation duly organized and existing under and by virtue of the law of the ______, DO HEREBY CERTIFY, that:
I am familiar with the facts herein certified and duly authorized to certify the same;
At the regular meeting of the Board of Directors of the said Corporation duly convened and held on ______at which meeting a quorum was present and acting throughout, the following resolutions were approved, and the same have not been annulled, revoked and amended in any way whatever and are in full force and effect on the date hereof:
RESOLVED, that _____(Name of the Bidder)_____ be, as it hereby is, authorized to participate in the bidding of Design-Build Services for the Clark 230 KV Power Transmission Line Project-Phase 3A by the Clark Development Corporation ; and that if awarded the Contract shall enter into a contract with the Clark Development Corporation; and in connection therewith hereby appoints _____(Name of Representative)_____, acting as duly authorized and designated representatives of _____(Name of the Bidder)_____, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent _____(Name of the Bidder)_____ in the bidding as fully and effectively as the _____(Name of the Bidder)_____ might do if personally present with full power of substitution and revocation and hereby satisfying and confirming all that my said representative shall lawfully do or cause to be done by virtue hereof;
RESOLVED FURTHER THAT, the Board hereby authorizes its President to:
(1) execute a waiver of jurisdiction whereby the _____(Name of the Bidder)_____ hereby submits itself to the jurisdiction of he Philippine government and hereby waives its right to question the jurisdiction of the Philippine courts;
(2) execute a waiver that the _____(Name of the Bidder)_____ shall not seek and obtain writ of injunctions or prohibition or restraining order against the AFP or any other agency in connection with this Contract to prevent and restrain the bidding procedures related thereto, the negotiating of and award of a contract to a successful bidder, and the carrying out of the awarded contract.
WITNESS the signature of the undersigned as such officer of the said ______this ______.
______
(Corporate Secretary)
ACKNOWLEDGMENT
SUBSCRIBED AND SWORN to before me this _____ day of ______, 20___ affiant exhibited to me his/her Community Tax Certificate No. ______issued on ______at ______, Philippines.
Notary Public
Until 31 December 20____
PTR No.______
Issued at:______
Issued on:______
TIN No. ______
Doc. No. ______
Page No. ______
Book No. ______
Series of ______.
The Authority of the Signatory is a requirement in the Technical Envelope. It refers to the authority of the signing official solely intended for the project: in the case of single proprietorship, there must be an affidavit of the owner or a Special Power of Attorney; for partnerships, a partnership resolution from the General Manager of President; for corporations, a board resolution with secretary’s certificate; and for joint-venture, a resolution signed by all the joint-venture partners.
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Clark Development Corporation Design and Build Services for the Clark 230 KV
Power Transmission Line Project- Phase 3A