17-Doc 00 43 13 BID BOND.pdf

PDF 174 KB Posted

Attached to
2400754 – Fanny Chapman Memorial Pool – Main Pool Repairs
Solicitation number
Not on record
Issued by
Bucks County, Pennsylvania

About this file

This is a Bid Bond form for the Borough of Doylestown, Pennsylvania, associated with Contract 2400754 for Fanny Chapman Memorial Pool Main Pool Repairs. The bond serves as a security instrument requiring bidders and their sureties to guarantee performance of bidding obligations. The project involves concrete repair and resurfacing of approximately 2,900 square feet of the main pool, with alternate bid items available to expand work to an additional 1,960 square feet. Sealed bids are due April 14, 2026, at 2:00 PM, with a non-mandatory pre-bid meeting scheduled for March 31, 2026, at 10:00 AM at the pool location (10 McKinstry Drive, Doylestown, PA 18901). The bid bond requires bidders to deliver an executed agreement and any required performance and payment bonds within the time specified in the bidding documents. All bids remain subject to acceptance for sixty days after bid opening or as extended by written agreement between the parties.

The bid bond establishes the penal sum (amount to be specified on the face of the bond) as the extent of liability for both bidder and surety upon default. Default occurs if the bidder fails to deliver the executed agreement and required bonds within the specified timeframe. The bond obligation becomes null and void if the owner accepts the bid and the bidder complies with delivery requirements, if all bids are rejected, or if the owner fails to issue a Notice of Award within the specified timeframe (not to exceed 120 days from the bid due date without surety's written consent). Payment under the bond is due within 30 calendar days of written notice of default, and no legal action may be commenced earlier than 30 calendar days after such notice or later than one year after the bid due date. Any action must be filed in Bucks County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania.

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Text version

Borough of Doylestown 00 43 13 Bid Bond, Penal Sum Form 2400754 - Fanny Chapman - Main Pool Repairs Page 1 of 2

EJCDC C-435 Bid Bond (Damages Form)

Prepared by the Engineers Joint Contract Documents Committee.

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):

Borough of Doylestown 10 Doyle Street Doylestown, PA 18901

BID

Bid Due Date: April 14, 2026 Description (Project Name and Include Location):

Borough of Doylestown – Fanny Chapman Memorial Pool - Main Pool Repairs (Contract No. 2400754)

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.

Borough of Doylestown 00 43 13 Bid Bond, Penal Sum Form 2400754 - Fanny Chapman - Main Pool Repairs Page 2 of 2

EJCDC C-435 Bid Bond (Damages Form)

Prepared by the Engineers Joint Contract Documents Committee.

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 shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. 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.

3. This obligation shall 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 shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. 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.

7. 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.

8. Notices required hereunder shall 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 Registered or Certified Mail, return receipt requested, postage pre-paid, and shall 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 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 this Bond that is not in conflict therewith shall continue in full force and effect.

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

12. Any action filed under the bond must be commenced in the Bucks County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. This is a legal requirement and not subject to negotiation or change.

END OF DOCUMENT

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 ex...
2. 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 performa...
3. This obligation shall 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 bond...
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 B...
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 shall not in...
6. 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.
7. 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.
8. Notices required hereunder shall 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 Registered or Certifie...
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 t...
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 shall be deemed to be included herein as if set forth at length. If any provision ...
11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.
12. Any action filed under the bond must be commenced in the Bucks County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. This is a legal requirement and not subject to negotiation or change.

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