REQUEST FOR PROPOSAL
FOR THE
ROOF REPAIRS & REPLACEMENTS of CITY BUILDINGS
# 0543-2017-02.01S
Issue Date: October 5, 2017
Closing Date and Time: October 31, 2017, 10:00a.m.
CITY OF SIDNEY – REQUEST FOR PROPOSAL
Roof Repairs & Replacements of City Buildings
# 0543-2017-02.01S
Section 1 – Special Terms and Conditions
Section 1.1: Purpose
The purpose of this Request for Proposal (RFP) is to select a qualified Contractor, or Contractors, to provide the necessary repairs and replacements to the storm damaged roofs of various City owned buildings with locations throughout the City of Sidney (refer to section 2.05 for list).
The selected Contractor or Contractors will be responsible for furnishing adequate and appropriate labor, materials, supplies, equipment, and supervision to perform the work outlined and described for the Roof Repairs & Replacements of City Buildings projects.
Section 1.2: Designated Representative
If the proposing Contractor, prior to submitting a proposal, finds discrepancies in, or omissions from the Request for Proposal (RFP), or should require additional clarifications of any part thereof, a verbal or written request for interpretation may be submitted to the below named individual who shall be the official point of contact for this RFP. To ensure reply, questions should be submitted no later than five (5) working days before the proposal due date. No answers given in response to questions submitted shall be binding upon this RFP unless released in writing as an addendum to the RFP by the City. It shall be the responsibility of each proposing Contractor to verify that every addendum has been received prior to the submitting of the proposal.
Kevin Kubo
Building Inspector
City of Sidney
P.O. Box 79 Phone: (308) 249-3672
1115 13th Avenue Email: inspection@cityofsidney.org
Sidney, Nebraska 69162
Section 1.3: Method of Award and Evaluation
Award will be made to the Contractor, or Contractors, who submits the overall proposal that is judged to provide the best value to the City. Each building will be judged on the individual merits provided. The proposals will be evaluated based upon the following criteria:
Experience in roofing services with similar types of projects.
Licensed in the City of Sidney.
Proposed costs, and work schedule.
Overall quality of work based on Contractor-supplied information regarding materials and method to be used for each City building.
Having adequate and appropriate labor, materials, supplies, equipment, and supervision to perform the work outlined and described in this RFP.
Other relevant criteria as the City deems prudent.
Section 1.4: Site Visit
Prior to submitting a proposal, the Contractor must contact the Sidney Building Inspector, listed in section 1.2, to arrange to visit each site of the proposed work to take measurements and determine the best form of action. The Contractor must become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. No additional allowances will be made because of lack of knowledge of these conditions. Submission of bid will indicate the Contractor has made the required site visits, thoroughly understands, and is familiar with all conditions which may in any manner affect the services to be performed, or affect the equipment, materials and labor required.
Section 1.5: Term of Contract
The contract to be awarded shall be effective following the date of execution by the City and shall remain in effect as specified in the negotiated contract agreement.
Section 1.6: Insurance
Each Contractor shall include in its RFP response package proof of insurance capabilities, including but not limited to, the following requirements: [This does not mean that the Contractor must have the coverage prior to submittal, but, that the coverage must be in effect prior to a purchase order or contract being executed by the City.]
An original certificate of insurance, indicating that the awarded Contractor has coverage in accordance with the requirements of this section, shall be furnished by the Contractor to the City and accepted by the City prior to contract execution and/or before any work begins.
The Contractor shall provide and maintain at all times during the term of any contract, without cost or expense to the City, policies of insurance, with a company or companies authorized to do business in the State of Nebraska, and which are acceptable to the City, insuring the Contractor against any and all claims, demands or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services and/or obligations of the Contractor under the terms and provisions of the contract. The Contractor is responsible for timely provision of certificate(s) of insurance to the City at the certificate holder address evidencing conformance with the contract requirements at all times throughout the term of the contract.
Such policies of insurance, and confirming certificates of insurance, shall insure the Contractor is in accordance with the following minimum limits:
General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage:
Each Occurrence/General Aggregate $1,000,000/2,000,000
Completed Operations Aggregate $2,000,000
Personal & Advertising Injury $1,000,000
Fire Damage $50,000
Medical Expense $5,000
Contractual Liability Included
Automobile liability insurance, including owned, non-owned, and hired autos with the following minimum limits and coverage:
Combined Single Limit $1,000,000
Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 48, Nebraska Statutes, and/or any other applicable law requiring workers' compensation (Federal, maritime, etc). If not required by law to maintain worker’s compensation insurance, the Contractor must provide a notarized statement that if he or she is injured; he or she will not hold the City responsible for any payment or compensation.
Employers Liability insurance with the following minimum limits and coverage:
Each Accident $1,000,000
Disease-Each Employee $1,000,000
Disease-Policy Limit $1,000,000
Professional liability and/or specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) insurance as applicable, with minimum limits of $1,000,000 and annual aggregate of $2,000,000.
The City of Sidney, a Political Subdivision of the State of Nebraska, shall be named as additional insured as their interest may appear on all applicable liability insurance policies.
The certificate(s) of insurance shall provide for a minimum of thirty (30) days prior written notice to the City of any change, cancellation, or nonrenewal of the provided insurance. It is the Contractor’s specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder.
If it is not possible for the Contractor to certify compliance, on the certificate of insurance, with all of the above requirements, then the Contractor is required to provide a copy of the actual policy endorsement(s) providing the required coverage and notification provisions.
Certificate(s) of insurance shall identify the applicable RFP project number in the Description of Operations section of the Certificate.
Certificate holder shall be:
CITY OF SIDNEY
1115 - 13th AVENUE
P.O. BOX 79
SIDNEY, NEBRASKA 69162
Certificates of insurance shall evidence a waiver of subrogation in favor of the City, that coverage shall be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium payment by the City.
The Contractor shall be responsible for subcontractors and their insurance. Subcontractors are to provide certificates of insurance to the prime Contractor evidencing coverage and terms in accordance with the Contractor’s requirements.
All self-insured retentions shall appear on the certificate(s) and shall be subject to approval by the City. At the option of the City, the insurer shall reduce or eliminate such self-insured retentions or the Contractor or subcontractor shall be required to procure a bond guaranteeing payment of losses and related claims expenses.
The City shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self-insured retention in any insurance policy. The payment of such deductible or self-insured retention shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance.
Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default.
Neither approval by the City of any insurance supplied by the Contractor or Subcontractor(s), nor a failure to disapprove that insurance, shall relieve the Contractor or Subcontractor(s) of full responsibility for liability, damages, and accidents as set forth herein.
Section 1.7: Bonding Requirements
Each proposal must be accompanied by a bid security in the form of a certified check, cashier’s check, or bid bond in the amount of five percent of the bidder’s maximum bid price total. Any proposal submitted without the BID SECURITY will not be accepted.
Section 1.8: Completion and Acceptance of Services
The services rendered as a result of an award from this RFP shall not be deemed complete, until accepted by the City and shall be in compliance with the terms herein, fully in accord with the specifications and of the highest quality.
In the event that the repairs and/or replacements do not conform to the specifications, the City reserves the right to terminate the contract and will not be responsible to pay for any service.
Section 1.9: Warranty
As specified in the negotiated contract agreement.
Section 1.10: Materials Shall be New and Warranted Against Defects
As specified in the negotiated contract agreement.
Section 1.11: Delivery and Completion of Proposals
The City Clerk of the City of Sidney, 1115 - 13th Avenue, P.O. BOX 79, Sidney, Nebraska 69162, must receive all proposals at her desk, prior to 10:00 a.m., October 31, 2017. Proposals must be submitted in an opaque sealed envelope plainly marked “Request for Proposal, Roof Repairs and Replacements of City Buildings #0543-2017-02.01S.”
Proposals submitted shall contain all information as requested herein and any additional information necessary to summarize the overall benefit of the proposal to the City of Sidney. The Contractor is required to return the BID PROPOSAL as the official sealed proposal. Any proposal submitted without the BID PROPOSAL will not be accepted. All additional information shall be included on separate sheets. These proposals will be evaluated utilizing the evaluation criteria herein.
Section 1.12: Late and Electronic Proposals
Late proposals will not be accepted under any circumstances, and any proposal so received shall be returned to the proposing Contractor unopened. In addition, proposals sent by electronic devices, email, or fax are not acceptable and will be rejected upon receipt. Proposing Contractors will be expected to allow adequate time for the delivery of proposals. Sole responsibility rests with the proposing Contractor to see that their proposal is received on time.
Section 1.13: Conditions of Proposal Submittal
Proposing Contractors shall comply with at least all conditions, requirements, and specifications contained herein, with any insufficiency constituting sufficient cause for rejection of the proposal.
A duly authorized official with the authority to bind the proposing Contractor submitting the proposal must sign the official proposal.
If requested by the City of Sidney, each proposing Contractor must be prepared to submit written evidence, within five days, which will demonstrate the qualifications of said Contractor to perform the work set forth within.
No proposal will be accepted from any Contractor that is in arrears for any obligation to the City of Sidney or that otherwise may be deemed irresponsible or unresponsive by the City of Sidney.
All prices quoted must be firm for a period of sixty (60) days following the opening of the proposal.
The City of Sidney reserves the right to reject any and all proposals or any part thereof. The right is reserved to waive any formalities or informalities contained in any proposal, and to award the proposal to the most responsive and responsible proposing Contractor or Contractors as deemed in the best interest of the City of Sidney.
The City of Sidney will not return proposals or other information supplied to them by any proposing Contractor.
Section 1.14: Competency of Contractor and Associated Subcontractors
The City may elect to conduct a pre-award inspection of the Contractor's facility during the offer evaluation process. Offers will be considered only from firms which are regularly engaged in the business of providing or distributing the goods and/or performing the services as described in the RFP, and who can produce evidence of a consistent satisfactory record of performance. The Contractor must demonstrate that they have sufficient financial support and organization to ensure that they can satisfactorily execute the contract if awarded under the terms and conditions herein stated. In the event that the Contractor intends to sub-contract any part of its work to another Contractor, or will obtain the goods specifically offered under this contract from another source of supply; the Contractor may be required to verify the competency of its subcontractor or supplier. The City reserves the right, before awarding the contract, to require a Contractor to submit such evidence of its qualifications and the qualifications of its subcontractor as it may deem necessary. The City may consider any evidence available to it of the financial, technical and other qualifications and abilities of any Contractor responding hereunder, including past performance with the City, in determining Contractor responsibility for the purposes of selecting a Contractor for contract award.
Section 1.15: Demonstration of Equipment
After receipt of offers by the City, a Contractor may be required to demonstrate its equipment to City personnel, at no separate cost. The purpose of this demonstration is to observe the equipment in an operational environment and to verify its capability, suitability, and adaptability in conjunction with the performance requirements stipulated in this RFP. If a demonstration is required, the City will notify the Contractor of such in writing and will specify the date, time and location of the demonstration. If the Contractor fails to perform the demonstration on the specified date stipulated in the notice, the City may elect to reject that Contractor's offer, or to reschedule the demonstration, whichever action is determined to be in the best interests of the City. The City shall be the sole judge of the acceptability of the equipment in conformance with the specifications and its decision shall be final.
The equipment used for the demonstration shall be well maintained and in good condition. Accordingly, the equipment used in the demonstration shall create an express warranty that the actual equipment to be provided by the Contractor during the contract period shall conform to the equipment used in the demonstration. The Contractor shall be required to provide adequate restitution to the City, in the manner prescribed by the City, if this warranty is violated during the term of the contract.
The City shall retain from the compensation to be paid to Contractor the contract negotiated sum. Any Contractor that is in default for not completing the work within the time specified will be removed from the bidder's list, at the option of the City, and not permitted to bid work for the City of Sidney until the project is complete and the liquidated damages sum is satisfied.
Section 1.16: Key Contractor Personnel
In submitting a proposal, the Contractor is representing that each person listed or referenced in the proposal shall be available to perform the services described for the City of Sidney, barring illness, accident, or other unforeseeable events of a similar nature in which case the Contractor must be able to promptly provide a qualified replacement. In the event the Contractor wishes to substitute personnel, the Contractor shall propose a person with equal or higher qualifications and each replacement person is subject to prior written City approval. In the event the requested substitute person is not satisfactory to the City and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract for cause. List all key personnel and submit with proposal.
Section 1.17: Special Notice to Contractors Regarding Federal, State, Local and All Other Authorities With Jurisdiction
Upon award of a contract resulting from this RFP, the Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of:
1) All persons employed by the Contractor during the term of the contract to perform employment duties within City of Sidney; and
2) All persons, including subcontractors, assigned by the Contractor to perform work pursuant to the contract.
The Contractor shall conform to all applicable Federal and State Laws, municipal ordinances, rules and regulations of all authorities having jurisdiction over codes which may apply to:
1) performance of work;
2) protection of adjoining and adjacent property, the environment, and the water;
3) maintenance of passageways, guard fences or other protective facilities; and shall obtain and pay for all permits, licenses and approvals necessary for all of the work, and give all required notices.
Section 2 – Scope of services
Section 2.01: Purpose
The purpose of this Request for Proposal (RFP) is to select a qualified Contractor or Contractors to provide for the TOTAL RESPONSIBILITY of the ROOF REPAIRS AND REPLACEMENTS OF CITY BUILDINGS, portal to portal (i.e. no additional charges above established unit pricing for travel costs) to various locations throughout the City of Sidney.
This scope of services represents the minimum standards required. The ultimate responsibility of the selected Contractor or Contractors is to provide services that will ensure attractive and uniformly maintained City properties, which will reflect favorably upon the City of Sidney and the Contractor.
Section 2.02: Description of Work & Guarantees
Topics to be addressed in this RFP include the following; this list is not intended to exclude any potential options, or topics of concern that may arise during the preparation of the bid. At a minimum, the proposal shall meet the below listed requirements.
The contract work to be performed under this section consists of furnishing all necessary equipment, materials, labor, and supervision to repairs and/or replace the storm damaged roofs of various City owned buildings with locations throughout the City of Sidney.
Contractor shall guaranty that all materials and workmanship incorporated into the project will be as specified and in conformance with the project documents. The Contractor must reimburse the City if any material or workmanship is found to be out of specification.
Section 2.03: Qualifications of the Contractor
Contractor guarantees that Contractor is properly qualified to carry out the obligations of the proposal and to complete the work in accordance with these specifications in the best interest of the City of Sidney.
The City may make such investigations as deemed necessary to determine the ability of the Contractor to perform the work, and the Contractor shall furnish to the City all such data and information for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Contractor fails to satisfy the City.
Section 2.04: Materials & Schedule
Full work plan, location order of operations, and schedule should be outline in the Contractor’s proposal. Prior to commencing, the Sidney Building Inspector must be consulted to obtain the necessary permits, and to determine what inspections will be required.
Wood Shake Shingles, Grade 2 or better
Proposing Contractor will identify the method of application, the materials, the quantities, and the specifications that will be used to restore the roof of the City buildings.
Composition Shingles, 50 years or better
Proposing Contractor will identify the method of application, the materials, the quantities, and the specifications that will be used to restore the roof of the City buildings.
Metal Roofing, 24-gauge or better
Proposing Contractor will identify the method of application, the materials, the quantities, and the specifications that will be used to restore the roof of the City buildings.
Modified Bitumen Roof, 60 mils or better
Proposing Contractor will identify the method of application, the materials, the quantities, and the specifications that will be used to restore the roof of the City buildings.
Hot Tar/Gravel
Proposing Contractor will identify the method of application, the materials, the quantities, and the specifications that will be used to restore the roof of the City buildings.
Section 2.05: Execution
Contractor is responsible for all preparations, permits, arranging for inspections, materials, labor, supplies, equipment, transportation, tear-off, disposals, repair or replacement activities, and appropriate supervision to perform the work.
The Contractor responsibilities also include but are not limited to notifying appropriate City staff, coordinating with City activities, making all necessary preparations, controlling the debris at the worksite, safety, and any environmental concerns.
The Contractor must provide Notice of Intent (NOI), verbally or written, to the applicable City Department(s). The Contractor’s performance will be monitored by the Sidney Building Inspector, and the Contractor shall be notified immediately of any and all deficiencies.
The following properties are to be repaired or replaced under this contract:
Wood Shake:
- Living Memorial Gazebo - repair
- Camp Lookout – replacement
Composition Shingles:
- Restroom By 13 Tee – replacement of Ridge Cap only
- Restroom at 20th & Elm - replacement
- Chamber Office - replacement
- Legion Park Shelter House - replacement
- Golf Equipment Storage, Shop & Office – replacement (to include detach & reset of digital satellite system)
- Swimming Pool – replacement (to include detach & reset of digital satellite system)
- Swimming Pool Equipment Building – replacement (to include detach & reset of digital satellite system)
R&R Metal:
- Golf Cart Storage - repair
- Park Patio at 20th & Elm – replacement
- Vehicle & Equipment Storage, 640 E. Elm – replacement
- 10th Ave & Hickory West Shelter – replacement
- 10th Ave & Hickory East Shelter – replacement
- Landfill Scale House Roof & Gutters - repair
Modified Bitumen:
- Well House #2, 1341-11th Ave – repair
- Transportation Office & Storage – repair
- Substation #4 – replacement
- Offices & Garage, Water & Street Departments – replacement
- City Hall & Fire Dept North 40 mill PVC Roof Section – replacement
- Library Roof, Gutters & Downspouts - replacement
Hot Tar/Gravel:
- Equipment Storage, Electric Dept - replacement
Section 2.06: Liquidated Damages
Provisions for liquidated damages, if any, will be set forth in the negotiated contract agreement.
Section 3 – bid proposal
I have thoroughly examined the instructions contained in the REQUEST FOR PROPOSAL for the Roof Repairs and Replacements of City Buildings #0543-2017-02.01S. The attached sheets contain the additional required information for each building, and I hereby submit the following proposal for the consideration as per the attached specifications:
Wood Shake:
1. Living Memorial Gazebo $____________________
2. Camp Lookout $____________________
Composition Shingles:
3. Restroom By 13 Tee $____________________
4. Restroom at 20th & Elm $____________________
5. Chamber Office $____________________
6. Legion Park Shelter House $____________________
7. Golf Equipment Storage, Shop & Office $____________________
8. Swimming Pool $____________________
9. Swimming Pool Equipment Building $____________________
R&R Metal:
10. Golf Cart Storage $____________________
11. Park Patio at 20th & Elm $____________________
12. Vehicle & Equipment Storage, 640 E. Elm $____________________
13. 10th & Hickory West Shelter $____________________
14. 10th & Hickory East Shelter $____________________
15. Landfill Scale House Roof Gutters $____________________
Modified Bitumen Roof:
16. Well House #2, 1341 11th Ave $____________________
17. Transportation Office & Storage $____________________
18. Substation #4 $____________________
19. Offices & Garage, Water & Street Departments $____________________
20. City Hall & Fire Dept North 40 mill PVC Roof Section $____________________
21. Library $____________________
Hot Tar/Gravel:
22. Equipment Storage, Electric Dept $____________________
START DATE: ________________________ COMPLETION DATE: ________________________
BIDDING COMPANY: ______________________________________________________________
______________________________________________________________
______________________________________________________________
AUTHORIZED BIDDER’S SIGNATURE:
___________________________________________________________________________________
Signature: Printed Name:
TITLE: ____________________________________________________________________________
PHONE: ___________________________________________________
The Contractor proposes and agrees, if the proposal is accepted, to furnish the labor, equipment, supplies, and materials necessary to meet or exceed the minimum requirements specified for the contract price and within the time indicated. This proposal will remain subject to acceptance for sixty (60) days after the date of bid opening. Proposing Contractor shall use and complete all items on the bid proposal form(s).
BIDDER has examined all Bidding Documents. Complete Part I or Part II, whichever applies.
Part I:
|
The bidder must list below the dates of issue for each addendum received in connection with this RFP:
|
| Addendum #1, Dated: ____________________________________________________________________
| Addendum #2, Dated: ____________________________________________________________________
| Addendum #3, Dated: ____________________________________________________________________
| Addendum #4, Dated: ____________________________________________________________________
|
|
Part II:
|
No Addendum was received in connection with this RFP
|
BID SECURITY ENCLOSED: yes no
KEY PERSONNEL IDENTIFIED: yes no
INSURANCE CERTIFICATE ENCLOSED: yes no
CONTRACTOR DATA SHEET
1. QUALIFICATIONS OF BIDDER: Bidders must have the capability and capacity in all respects
to fully satisfy the contractual requirements as specified.
2. YEARS IN BUSINESS: Indicate the length of time you have been in business providing this type of service: ________Years ________Months.
3. REFERENCES: Indicate below a listing of at least three (3) recent or present contracts in which you have provided this type of work of the size and scope specified.
1. Customer Name: ____________________________________________________________
Address: _____________________________________________________________________
____________________________________________________________________________
Telephone: __________________________________________________________________
Contact Person: ______________________________________________________________
2. Customer Name: ____________________________________________________________
Address: ____________________________________________________________________
____________________________________________________________________________
Telephone: ___________________________________________________________________
Contact Person: _______________________________________________________________
3. Customer Name: ______________________________________________________
Address: _______________________________________________________________
______________________________________________________________________
Telephone: _____________________________________________________________
Contact Person: _________________________________________________________
______________________________________________________________________________
RETURN THIS PAGE
BID BOND
Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (Name and Address):
BID
Bid Due Date:
Description (Project Name and Include Location):
BOND
Bond Number:
Date (Not earlier than Bid due date):
Penal sum: ___________________________________________________________ $_________________________
(Words) (Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER SURETY
__________________________________________ (Seal) ____________________________________________ (Seal)
Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal
By: __________________________________ By: ___________________________________
Signature Signature (Attach Power of Attorney)
_____________________________________________ _______________________________________________
Print Name Print Name
_____________________________________________ _______________________________________________
Title Title
Attest: _____________________________________________ Attest: _______________________________________________
Signature Signature
_____________________________________________ _______________________________________________
Title Title
Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.
EJCDE C-430 Bid Bond (Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
- Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder then penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.
- Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
- This obligation shall be null and void if:
- Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or
- All Bids are rejected by Owner, or
- Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).
- Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.
- Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.
- No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.
- Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.
- Notices required hereunder shall be in writing and sent to Bidder and Surety at the respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.
- Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.
- This Bond is intended to conform to all applicable statutory requirement. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of the Bond that is not in conflict therewith shall continue in full force and effect.
- The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.
EJCDE C-430 Bid Bond (Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
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