3-Bid Guarantee Documents - NBCUA-BID-25-002 FINAL.pdf

REMOVAL AND DISPOSAL OF RESIDUALS CONTRACT 25-0

BID GUARANTEE

There is enclosed herewith a Bid Guarantee in the form of the prescribed Bid Bond, a certified check, or cashier's check payable to the order of the Northwest Bergen County Utilities Authority, in the sum of _______________________ Dollars ($_________), together with the duly executed Agreement of Surety from an approved surety company, licensed to conduct business in the State of New Jersey, with sufficient underwriting capacity in the State of New Jersey, not considering excess or re-insurers, whereby a surety company agrees to furnish the required Surety Bond or Bonds upon the award of the Contract. The Proposal Guarantee shall be in an amount, which is, in no event, less than the amount required in the Advertisement.

The undersigned hereby agrees to each and every stipulation in the Contract Documents pertaining to the submission of Bids and further, if awarded the Contract, execute and secure the required Contract within ten (10) days from service of notice of such award. Failure to so execute the offered Contract, without modification, within the stated 10 days will cause a forfeiture of the Contract, and the Proposal Guarantee shall be retained by the Authority as liquidated damages for the delay and having to re-let the Contract.

Name and business address of Bidder to which all formal notices shall be sent:

Telephone number at which Bidder or his authorized representative can be reached during normal working hours, 8 hours per day, 5 days per week:

The name and address of the Bidder's agent authorized to accept services in the State of New Jersey is:

Name, title and residence and business address and telephone numbers of not less than 2 responsible persons authorized to receive emergency notices and act on behalf of Bidder.

The undersigned states that the names and addresses of all persons interested as principals in this Proposal are as follows: (Write first name in full).

NAME ADDRESS

Witnessed or Attested to By: By:

(Signature of Individual, Partner or

Officer signing the Proposal)

(Signature of Witness or Attestee)

Print Name and Title Print Name and Title

AFFIX SEAL:

(Required if Bidder is a corporation)

The Bidder shall state on the line below, if a corporation, the name of state in which incorporated and the date of said incorporation.

AFFIX CORPORATE SEAL:

(Signature and Title)

(Print/Type Name and Title)

The undersigned states that (he) (she) (they) (is) (are) (a) citizen(s) of the United States and that all the partners, associates, or principals interested herein, if any, are citizens of the United States, except: (Give full name and addresses).

NAME ADDRESS

The undersigned offers the following information relative to the facilities, ability and financial resources available for the fulfillment of the Contract if such be awarded to him.

The Bidder hereby certifies that it owns, leases, or controls all the necessary equipment required by the plans, specifications and advertisements under which bids are asked for in accordance with N.J.S.A.

40A:11-20.

The undersigned offers the following information relative to the ability and financial resources available for the fulfillment of the Contract if such be awarded to same.

ABILITY:

Bidder Qualification: That the Bidder has performed the following work. (List all clients for whom Bidder has performed work similar to that to be performed under this Contract during the last 5 years. Provide the names, addresses and telephone numbers of these clients, a person to contact who is familiar with its or their work, dates the work was performed, and a brief description of the scope of work and cost of project.)

(Attach additional sheets if required)

B I D B O N D

(To be submitted, at option of the Bidder, in lieu of certified check or cashier's check for Proposal Guaranty

-- NO SUBSTITUTE BID BOND FORM IS ACCEPTABLE. ANY SUBSTITUTE FORM OF BID

BOND SUBMITTED INSTEAD OF THIS DOCUMENT OR THE OTHER FORMS OF BID

SECURITY PERMITTED BY THESE SPECIFICATIONS AND BID DOCUMENTS WILL

RESULT IN THE REJECTION OF THE CONTRACTOR'S BID AS NON-CONFORMING.)

KNOW ALL BY THESE PRESENTS, that we the undersigned

(Name of Bidder) as Principal ( the "Principal") and

(Name of Surety) of the City of , State of

, a corporation existing under the laws of the State of

, and authorized to transact business in the State of New Jersey, with an underwriting capacity in New Jersey of $ , exclusive of any excess or reinsurance, as

Surety (the "Surety"), are hereby held and firmly bound unto the Northwest Bergen County Utilities

Authority, hereinafter called the OBLIGEE, in the sum of

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

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted to the Northwest Bergen County Utilities Authority a certain Bid, attached hereto and made a part hereof, to enter into a contract in writing for Contract No. cccc for Removal and Disposal of Residuals.

NOW THEREFORE, the condition of this Bond shall be such that if said Bid shall be accepted, the Principal shall execute and deliver the Contract within ten (10) days of its offer, shall furnish a Performance Bond and a Material and Labor Bond, with good and sufficient surety, and shall furnish insurance certificates, all as required by the Contract Documents and in the forms and in the amounts required by the Contract

Documents, then this Bond shall be void; otherwise, this Bond shall be and shall remain in full force and effect.

The Principal and the Surety agree to pay to the OBLIGEE the difference between the amount of said Bid as accepted by the OBLIGEE, and any higher amount for which the required Work shall be contracted for by the OBLIGEE, together with any additional advertising costs, Engineer's fees, legal fees and any and all other fees and expenses incurred by the OBLIGEE by reason of the failure of the Principal to enter into such Contract with the OBLIGEE within the specified ten (10) days of offer as set forth in the Instruction To Bidders, or to furnish the good and sufficient bonds, or to furnish such adequate proof of insurance and certificates; provided, however, that: (1) the obligation of the Surety shall not exceed the stated principal amount of this Bond; and (2) if the OBLIGEE should not procure an executed contract with any other person for the performance of the Work contemplated in said Bid, as accepted by the OBLIGEE, upon the same terms and conditions, other than price as provided in the Contract Documents, within the period provided in the Contract Documents during which no Bids of Bidders may be withdrawn, whether because of the lack of other Bids or because of the inability or refusal of any other Bidder to enter into an appropriate contract, or because the cost under any higher bid would be greater than the OBLIGEE shall determine, in its sole discretion, that it can afford, then the Principal and the Surety agree to pay to the OBLIGEE the full amount of this Bond as liquidated damages.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by an extension of the time within which the OBLIGEE may accept such Bid; and said Surety does hereby waive notice of any such extension.

It is the intention of the parties hereto to be legally bound by this instrument.

IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals which follow this day of 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

CORPORATE PRINCIPAL

(Name of Corporation)

ATTEST:

By:

(Signature and Title) (Signature of Officer and Title)

(Printed or Typed Name and Title) (Printed or Typed Name of Officer)

AFFIX CORPORATE SEAL

or (if appropriate)

Witness:

*By:

(Signature of Authorized Representative)

(Signature)

(Printed or Typed Name of Representative)

(Print or Type Name and Title)

* All corporate bidders must attach a duly and properly issued corporate resolution permitting submission of bid and execution of all bonds.

CORPORATE SURETY

Witness or Attest:

**By:

(Signature and Title) (Signature of Officer and Title or Attorney-In-Fact)

(Printed or Typed Name and Title) (Printed or Typed Name of Officer

AFFIX CORPORATE SURETY

SEAL

** Attach a properly completed power of attorney, dated as of the same date as the bond, evidencing the authority of the attorney-in-fact to act in behalf of the Corporation.

** Attach an audited financial statement and, if the bonding company is a foreign corporation, a proper certificate authorizing it to do business in the State of New Jersey.

** Attach proof of underwriting limitation within the State of New Jersey.

AGREEMENT OF SURETY

(NO SUBSTITUTE FORM OF AGREEMENT OF SURETY IS ACCEPTABLE. ANY

SUBSTITUTE FORM OF AGREEMENT OF SURETY SUBMITTED INSTEAD OF THIS

DOCUMENT WILL RESULT IN THE REJECTION OF THE CONTRACTORS BID AS

NON-CONFORMING.)

KNOW ALL MEN BY THESE PRESENTS, that _____________________________________ corporation of the State of __________________________ , having its principal office at _____

________________________________________________ being a surety company qualified to do business in the State of New Jersey, in consideration of the premises and of other good and valuable consideration, the receipt whereof is hereby acknowledged, does consent and agree that if the Contract for which the preceding Proposal is made be awarded to __________________________________ , (Name of Bidder) it will upon the award of such Contract become a surety first, for the full and faithful performance of said Contract in the form annexed hereto, and secondly, for the protection of all persons, performing or furnishing labor or materials for the performance of said Contract, in the form annexed hereto, in an amount equal to 100% of the Contract Price; and thirdly, for the remedy of any defects resulting from faulty workmanship, or from failure to comply with the environmental specifications, in an amount of $25,000.00 or fifty percent of the total Price bid for environmental items, whichever is greater, and if the said _____________ , (Name of Bidder) or anyone acting on their behalf or as their agent, servant or employee shall omit or refuse to execute such Contract and give the proper security within ten (10) days after written notice that the same is ready for execution, if so awarded, and if the sum which the Authority may be obliged to pay to the person or persons by whom the Contract shall be finally executed exceeds the sum to which ___________________ , (Name of Bidder) would be entitled, then the said Surety Company will pay to the Authority, without proof of notice or demand, the amount of any such excess without credit for any proposal, guaranty or deposit payment which the Bidder may have furnished, the sums in each case to be calculated upon the estimated quantities of work, labor and materials by which the Bids are evaluated.

IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested, or witnessed by, its Secretary, this day of

20___.

(AFFIX SURETY CORPORATE

SEAL)

Witness or Attest:

**By: (SEAL)

(Signature and Title) (Signature of Officer and Title

(Printed or Typed Name and Title) (Printed or Typed Name of Officer

NOTICE: The above agreement must be executed under the corporate seal of the Surety Company, attested by its Secretary, and signed by its President or proper officer, in the manner prescribed by the laws of the State of New Jersey. Alternatively, please attach an appropriate power of attorney, dated as the same date as the agreement, evidencing the power of the attorney-in-fact to act on behalf of the corporation.