1-AWWTP - 2026-2027 Chemical Bid.pdf

BOROUGH OF AMBLER

WASTEWATER TREATMENT PLANT

MONTGOMERY COUNTY

PENNSYLVANIA

SPECIFICATIONS

AND

CONTRACT DOCUMENTS

FOR

FURNISHING AND DELIVERING

DELPAC 2000 OR SIMILAR

POLYALUMINUM CHLORIDE (PAC) COAGULANT

for

JANUARY 2027 THROUGH DECEMBER 2028

TABLE OF CONTENTS

Contract for Furnishing and Delivering of DELPAC 2000 or Similar PAC Coagulant

Document Page

Notice to Bidders NB

Instruction to Bidders IB 1-3

Proposal and Contract PC 1-2

Specifications S 1-2

Bid Form BF 1-2

Bid Bond 2

Performance Bond 4

Non-Collusion Affidavit 1

NOTICE TO BIDDERS

Sealed bids for furnishing and delivering the Borough’s requirements for DelPAC 2000, or equivalent, polyaluminum chloride (PAC) coagulant for a twenty-four (24) month period from January 1, 2027, through December 31, 2028, will be received online by the Borough of Ambler via the PennBid Program (https://pennbid.bonfirehub.com) until 2:00 PM on Friday, November 13, 2026, at which time they will be publicly opened and read.

All Bidding Documents are available at no cost at https://pennbid.bonfirehub.com

If a Bidder intends to offer a product other than DelPAC 2000, a representative of the Bidder shall visit the wastewater treatment plant (WWTP) during normal working hours, meet with staff, and bench test their proposed PAC coagulant to the satisfaction and acceptance of WWTP staff, prior to submitting a Bid. Failure to perform bench testing at the WWTP in the presence of WWTP staff for products other than DelPAC 2000 will result in rejection of that Bid.

A Certified Check or Bid Bond in the amount of 10% of the Bid, drawn to the order of the Borough of Ambler, shall be submitted with the Bid.

The Borough of Ambler reserves the right to reject any and/or all bids and to waive any informality in bids received.

No bid may be withdrawn within sixty (60) days after actual date of the opening thereof.

BOROUGH COUNCIL

NB

INSTRUCTIONS TO BIDDERS

1. GENERAL

The bid documents, which all are part of and form the Bid, consists of the following sections (including all modifications thereof incorporated in any of the sections before the opening of the bids).

A. Notice to Bidders B. Instruction to Bidders C. Proposal and Contract.

D. Specifications.

E. Bid Form F. Bonds – Bid and Performance G. Non-Collusion Affidavit

2. PREPARATION AND SUBMISSION OF BIDS

A bidder who desires to submit a bid for the materials described in the Notice to Bidders shall conform to the following conditions.

A. The bidder shall thoroughly review and be familiar with the specifications and the Bid documents.

B. Sealed bids shall be submitted online via the PennBid Program by the prescribed date and time. (https://pennbid.bonfirehub.com)

3. BID REQUIREMENTS

Each bid shall conform to the following:

A. For any product other than DelPAC 2000, representative of the Bidder shall visit the wastewater treatment plant, meet with staff, and bench test their proposed PAC coagulant, to the satisfaction and acceptance of staff. A written report summarizing the results of the bench testing shall be submitted with the bid.

B. Sealed bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com)

C. A Bid shall not be considered which is not based on the specifications and the other Bid documents.

D. The Bid must be executed and submitted by an individual authorized by the Bidder.

E. Each Bid shall be accompanied by an electronic copy of the Bid security in the form prescribed in the Bid documents and in the amount of not less than ten percent (10%) of the bid amount. The bid bond amount shall be calculated as follows: 1,460,000 pounds times unit bid price per pound times ten percent. Upon notification, bidders must provide an original of Bid security within three (3) business days.

F. The Bidder may withdraw his Bid at any time up to the time set for the opening of the bids.

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4. QUESTIONS, INTERPRETATIONS AND ADDENDA

Bidders should carefully examine the Specifications, visit the Borough of Ambler’s (Borough’s)

Wastewater Treatment Plant, and fully inform themselves as to all conditions and matters which can affect the work or cost. If a Bidder finds discrepancies in, or omissions from the Specifications or other Documents, or if he is in doubt as to their meaning, he should notify the Borough at once and obtain clarification prior to submitting any Bid. Interpretations of the meaning of the Specifications or other Contract Documents will not be made to the Bidder orally. Every request for interpretations shall be in writing by clicking PennBid’s “Questions” tab. To be given consideration, requests for interpretation must be received at least five (5) business days prior to the date fixed for the opening of Bids. Any and all interpretations and any supplemental instructions will be in the form of written addenda to the Specifications and will be uploaded to PennBid’s “Documents” section. Prospective bidders shall be notified by email. Failure of any Bidder to receive an addenda or interpretations shall not relieve any Bidder from obligation under his submitted Bid. All addenda become part of the Contract Documents and shall be acknowledged with the online Bid submission.

6. OPENING AND CONSIDERATION OF BIDS

A. Each Bid shall be opened at the time and place called for in the Notice to Bidders. The Bid amount and the unit prices comprising such amount or used in calculating such amount, together with the nature and amount of the Bid security, shall be announced publicly.

B. The Borough, in considering each Bid, shall, prior to any determination and/or award thereon, investigate and evaluate the bidder as to his experience, responsibility, financial rating and prior experience with similar work.

C. No bidder shall have the right to withdraw, change or alter his Bid for a period of sixty

(60) days following Bid opening.

D. If the Bid security is in the form of a certified check, the certified check shall be returned to the unsuccessful bidder except that said check accompanying the three (3) apparent low bids shall be retained by the Borough pending the determination of the "lowest responsible bidder" and the execution of the Contract with and by said bidder.

E. Following Bid Opening, summary results will be publicly posted to the PennBid website.

7. AWARD OF CONTRACT

The Borough shall either reject all Bids or award the Contract to the responsible bidder whose base bid is the lowest amount. The Borough, however, reserves the right to waive such informalities as may be permitted by law.

8. PERFORMANCE BOND AND INSURANCE CERTIFICATE

The successful Bidder shall, within fifteen (15) days from the date of Notice of Intent to Award the Contract to such Bidder, furnish to the Borough.

A. An executed Contract signed by an individual authorized by the successful Bidder.

B. An executed Performance Bond, with corporate surety guaranteeing that the work will be done according to the Contract Documents. The Performance Bond shall be in the amount of one hundred percent (100%) of the projected contract price.

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C. A Certificate of Insurance evidencing the following coverages:

1. Workmen’s Compensation coverage as prescribed by law.

2. Comprehensive Liability and Property Damage having minimum limits of $500,000.00/$1,000,000.00 personal injury and $500,000.00 property damage.

3. Automobile Public Liability and Property Damage having minimum limits of $500,000.00/$1,000,000.00 personal injury and $500,000.00 property damage.

Each policy must have a ten (10) day cancellation clause included therein.

The Certificate of Insurance shall name the Borough of Ambler as an Additional Insured.

9. DISQUALIFICATION OF BIDDER

If the initial "lowest responsible bidder" shall be disqualified for failure to execute and submit required documents, the Borough reserves the right to accept the next low responsible Bid and to contract with such bidder, upon the posting of performance security and evidence of insurance by such bidder as required herein. In such case, the Bid security shall be forfeited as liquidated damages.

10. ASSIGNMENT

The successful Bidder shall not assign the Contract in whole or in part without the written consent of the Borough, nor shall the successful Bidder assign any monies due or to become due to him hereunder, without the previous consent of the Borough.

11. QUANTITY GUARANTEE

The Borough in accepting the Bid and awarding the Contract is obligated to purchase only the quantity of product required in its operations during the period of the Contract.

12. CONTACT PERIOD

The term of the Contract shall be twenty-four (24) months from January 1, 2027, through December 31, 2028.

13. DELIVERY TERMS

The Bid unit price shall be firm for the period of the contract and shall include all transportation and delivery charges. Delivery shall be made in a minimum of 22,000 lbs.

Delivery shall include the filing (partial or complete) of the storage facility which is currently a 6,000 gallon chemical storage tank located at the Wastewater Treatment Plant. Delivery shall be within seventy-two (72) hours of notification by the Borough. (See Item 2. Facility, on Page S-1).

14. BILLING

Billing will be presented as cost per pound of PAC coagulant delivered where each gallon of PAC weighs approximately 10.0 to 11.0 wet pounds.

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PROPOSAL AND CONTRACT

(WHEN EXECUTED)

MONTGOMERY COUNTY, PENNSYLVANIA

A. SUBMITTAL OF PROPOSALS

Sealed Proposals must be submitted Borough of Ambler via the PennBid Program MUNICIPALITY (NAME AND TYPE) 11/13/26 DATE Kyle Detweiler

SECRETARY/BOROUGH MANAGER

Sealed Proposals will be received on or before 131 Rosemary Ave.

ADDRESS

11/13/26 , on the above Letting Date.

Ambler, PA 19002 Proposals will be opened and read at approximately

2:00 PM , on the above Letting Date.

B. NAME OF CONTRACTOR

Proposal of:

C. SPECIFICATIONS

The contractor hereby proposes and agrees:

1. To provide __________________________ PAC described in the attached specifications.

2. The services described in the specifications shall be provided to the MUNICIPALITY in a prompt manner as may be agreed upon between BOROUGH and CONTRACTOR.

3. The CONTRACTOR shall permit the MUNICIPALITY to review all records relating to services utilized under the terms of this agreement.

4. The CONTRACTOR shall provide adequate insurance coverage in the form of Property Damage and Bodily

Injury Insurance. If required by the MUNICIPALITY, evidence of such coverage, in the form of a certificate of a qualified insurance company, must be provided when the CONTRACTOR is notified by MUNICIPALITY that his bid has been accepted.

5. When accepted by the MUNICIPALITY, this proposal will constitute a contract binding on the CONTRACTOR, their executors, administrators, successors or assignees.

6. Accompanying this proposal is a certified check or Bid Bond payable to the MUNICIPALITY in the amount of

10% , as a proposal guarantee, it is understood, will be forfeited in the event the CONTRACTOR is awarded the contract and fails to provide the necessary Performance Bond, as required in Paragraph 7.

7. The successful bidder shall, within 30 days of the award of the contract, submit a guarantee of performance of the terms of the contract in the form of a bond or certified check payable to the

PC-1

MUNICIPALITY in the amount of 100% . A Performance Bond shall be on the attached form or its equivalent. If a certified check is submitted, it will be forfeited to the MUNICIPALITY to cover any added costs to the MUNICIPALITY in the event it determines by written notice to the CONTRACTOR that the work performed was unsatisfactory. In no event shall work commence prior to the Borough’s receipt of the Performance Bond.

D. CERTIFICATION. (To be completed by the bidder.)

1. The only person(s) having an interest in this proposal, including owners of equipment leased by the

CONTRACTOR, is (are).

(NAME) (ADDRESS)

2. None of the above persons are employees of the MUNICIPALITY.

3. The CONTRACTOR has provided Workmen’s Compensation Insurance for his employees. (Where required by Law.)

4. The CONTRACTOR will comply with all the requirements of the laws and implementing regulations of the

Commonwealth of Pennsylvania and of the United States relating to human relations, equal opportunity and non-discrimination in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

WITNESSED OR ATTESTED BY: OWNER

Attest: By:

(Name/Title) (Name/Title)

(SEAL)

E. ACCEPTANCE. (To be completed by appropriate Municipal Officers only in the event the above proposal is accepted.)

ACCEPTED ON:

(DATE)

Attest: By:

Kyle Detweiler Glynnis Siskind Secretary/Borough Manager President

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SPECIFICATIONS

Furnishing and Delivering of DELPAC 2000 or Similar PAC Coagulant

1. Scope

The material to be furnished under these specifications shall be DELPAC 2000 or similar PAC coagulant. The product supplied shall not be the by-product of any manufacturing process imparting excessive contaminants. The product shall be delivered in tank wagon quantities as required. Daily usage is estimated at 1,000 to 3,000 lbs. per day.

2. Facility

Coagulant is currently stored and dispensed from a chemical storage tank. Upon entering the Facility, the driver will sign in at the office where plant operators will be called to assist the driver.

The driver will not begin to off-load contents until a facility operator is present.

3. Delivery

All deliveries will be made to the storage tank dedicated to the coagulant. Delivery shall be made no later than seventy-two (72) hours after the order is placed. Certification of Product is required at time of delivery. An approved container will be sealed with Chain of Custody seal by the Borough representative, witnessed, then signed by the Contractor’s driver.

From April 1st to October 31st, approximately 3,000 pounds per day is used at the Plant. From November 1st to March 31st, approximately 1,000 pounds per day is used at the Plant.

4. Quality Assurance

An independent laboratory will verify the integrity of the Custody seal of the representative PAC sample. This sample will be analyzed for those parameters listed in Product Specifications. In the event that the delivered PAC does not meet the quality specified in the Contract, at the discretion of the Borough, the Contractor will remove the inferior material within ten (10) days of Contractor notification at no charge to the Borough. The Contractor will deliver the same day inferior material is removed, material meeting the specifications or be declared in default of the Contract.

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5. Documentation

Each shipment shall be accompanied by a bill of lading identifying the sources of supply, and a certificate of analysis including laboratory results of the material being shipped by the manufacturer.

6. Quantities and Ordering

The quantities listed on the Bid Form are an estimate. Scheduling of deliveries shall be to meet the needs of the Borough.

7. Product

DELPAC 2000 or Similar PAC Coagulant

PROPERTIES AND SPECIFICATIONS:

Specific Gravity @ 60°F: 1.24 ± 0.03

Product Weight: ~ 10.34 lbs./US gallon pH (neat): >2 .0 to 3.0

Freezing Point: > -26°F

% Al2O3, Total/Wt: 10.5 ± 0.5

% Al, Total/Wt: 5.6 ± 0.3

% Basicity: 55 ± 5

% Chloride 11.5 ± 0.2

DELIVERY

45,000 lb. Delivery

PRINCIPAL USES

Drinking water / wastewater treatment – removal of suspended matter and phosphorus

S-2

BID FORM

This Bid Form is provided for reference only. All sealed bids shall be submitted online via the PennBid Program.

Contract for Furnishing and Delivering of DELPAC 2000 or similar PAC coagulant

The undersigned, pursuant to Notice to Bidders for Bid requesting sealed Bids for 45,000 lbs. of Poly-Aluminum Chloride (PAC) coagulant, per delivery, where each gallon weighs approximately

10.0 to 11.0 pounds, for a twenty-four (24) month period from January 1, 2027, through December 31, 2028, hereby makes the following Bid for furnishing and delivering the PAC.

F.O.B. destination, freight prepaid and allowed to:

505 Church Street, Upper Dublin Township, Montgomery County, Pennsylvania

(Ambler, PA 19002)

Bid Price: $______________________/lb. PAC

Proposed PAC Coagulant : ___________________________

Date bench testing was performed at Ambler WWTP in the presence of Ambler WWTP staff

(for PAC coagulant other than DelPAC 2000)

Daily usage is estimated at 1,000 to 3,000 lbs. per day.

The undersigned certifies that this Bid is genuine and not sham or collusive, or made in the interest of or on behalf of any person, firm, or corporation not named herein, and that the undersigned has not directly or indirectly induced or solicited any other Bidder to submit a sham Bid or any other person, firm, or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to receive for himself an advantage over any other Bidder.

Exceptions: All exceptions to the Contract Documents shall be listed in the space Provided below:

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BID FORM

Attached to this Bid Form shall be a certified analysis of the components of the PAC proposed to be supplied and a printed report summarizing the results of the Bench Testing performed at the Ambler WWTP if a PAC coagulant other than DelPAC 2000 is proposed.

Firm Name

Name of Authorized Signer (Typed or Printed)

Signature / Title of Authorized Signer

Attest

Date: ___________________

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EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2

BID BOND (PENAL SUM FORM)

Bidder Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Bid

Name: Borough of Ambler Project (name and location):

Address (principal place of business): Contract for Furnishing and Delivering of DELPAC 2000 or Similar PAC Coagulant Ambler, Montgomery County, PA 131 Rosemary Ave.

Ambler, PA 19002 Bid Due Date:

Bond

Penal Sum:

Date of Bond:

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the 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 will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs 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.

3. This obligation will be null and void if:

3.1. 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

3.2. All Bids are rejected by Owner, or

3.3. 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).

4. 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.

5. 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 does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action will 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 the Bid due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

9. 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.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will 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 governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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PERFORMANCE BOND

Contractor Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Contract

Name: Borough of Ambler Description (name and location):

Mailing address (principal place of business): Contract for Furnishing and Delivering of DELPAC 2000 or Similar PAC Coagulant Ambler, Montgomery County, PA 131 Rosemary Ave.

Ambler, PA 19002 Contract Price:

Effective Date of Contract:

Bond

Bond Amount:

Date of Bond:

(Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form:

☐ None ☐ See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

Contractor as Principal Surety

(Full formal name of Contractor) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature)(Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable.

EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of

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1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond will arise after:

3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance.

If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;

5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

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5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable.

12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for

EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of

00 61 13.13 - 4 008028.0427 the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

14.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.

16. Modifications to this Bond are as follows: None

Herbert, Rowland & Grubic, Inc. 00 45 19 - 1 008028.0427

NON-COLLUSION AFFIDAVIT

STATE OF :

S.S.

COUNTY OF : CONTRACT NO.

I state that I am [Title] of [Contractor] and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

(1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

(5) _________________________________ (Contractor), its affiliates, subsidiaries, officers, directors and employees and have not, in the last four years, been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

I state that (Contractor) understands and acknowledges that the above representations are material and important, and will be relied on by the ______________________ (Owner) in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the (Owner) of the true facts relating to the submission of bids for this contract.

SWORN TO AND SUBSCRIBED BEFORE ME

THIS DAY OF Name and Company Position

Notary Public Signature Date

My Commission Expires: