5-5. Bid Bond.pdf

DOCUMENT 00410

Mount Wolf Borough 2026 Street Project 00410-1 Bid Bond

BID BOND

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

___________Mount Wolf Borough_________________________________________ ___________345 Chestnut Street ______________________________________ ___________Mt. Wolf, PA 17347 __________________________________

BID

BID DUE DATE: _________

PROJECT (Brief Description Including Location):

Mount Wolf Borough 2026 Street Project – Selective pothole repair of Borough alleys and streets, including repairs to existing storm inlets.

BOND

BOND NUMBER: _____________________________________________

DATE: (Not later than Bid Due Date): _______________________________

PENAL SUM: _________________________________________________

IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the items printed on the reverse side, do each cause this Bid Bond to be duly executed on its behalf by its authority officer, agent, or representative.

BIDDER SURETY

__________________________________(Seal) ____________________________________(Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal

By: ___________________________________ By: _____________________________________ Signature and Title Signature and Title (Attach Power of Attorney)

Attest: ________________________________ Attest: __________________________________ Signature and Title Signature and Title

NOTE: (1) Above addresses are to be used for giving required notice.

(2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, Mount Wolf Borough 2026 Street Project 00410-2 Bid Bond successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents the executed Agreement required by the Bidding Documents and any per-formance and payment bonds required by the Bidding Documents and Contract 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 perfor-mance and payment bonds required by the Bidding Documents and Contract 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 Sure-ty when required by paragraph 5 here-of).

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 includ-ing a statement of the amount due.

5. Surety waives notice of and any and all de-fenses based on or arising out of any time exten-sion to issue notice of award agreed to in writing by Owner and Bidder, provided that the 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 of action shall be commenced under this Bond prior to 30 calendar days after the no-tice 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 juris-diction located in the state in which the Project is located.

8. Notice 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, com-mercial courier or by United State Registered or Certified Mail, return receipt requested, postage pre-paid and shall be deemed to be effective up-on receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evi-dencing the authority of the officer, agent or rep-resentative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind that Surety thereby.

10. This Bond is intended to conform to all ap-plicable 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 the Bond conflicts with any appli-cable provision of the Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in con-flict therewith shall continue in full force and effect.

11. The term "bid" as used herein includes a bid, offer or proposal as applicable.

END OF DOCUMENT