5-Bid Bond.pdf
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- Solicitation number
- Not on record
- Issued by
- Cumberland County, Pennsylvania
About this file
This is a Bid Bond form (EJCDC No. 1910-28-C, 1996 Edition) applicable to the Apple Street Phase 2 Improvements project in Lemoyne Borough, Cumberland County, Pennsylvania. The bid bond serves as a financial guarantee that the bidder will execute the required contract and provide necessary performance and payment bonds if awarded the project. The bond is due no later than the bid submission deadline of 2:00 PM on Tuesday, January 27, 2026, and must be submitted with all bid proposals. The bond amount is set at 10 percent of the total bid value. The project involves roadway reconstruction, installation of infiltration trenches, and associated work on Apple Street in Lemoyne Borough.
The bid bond establishes mutual obligations between the bidder, surety, and the borough owner. The surety must be licensed to conduct business in the Commonwealth of Pennsylvania and listed on the U.S. Treasury Department's current approved list. Upon default by the bidder—defined as failure to deliver the executed agreement and required bonds within the specified timeframe—payment becomes due within 30 calendar days of written notice from the borough. The bond obligation is null and void if the bid is accepted and the bidder fulfills all requirements, if all bids are rejected, or if the borough fails to issue a Notice of Award within 120 days from the bid due date without surety's written consent. Legal proceedings under the bond must commence within one year of the bid due date and only in courts of competent jurisdiction located in Pennsylvania. The bond form requires execution by authorized representatives of both the bidder and surety, each with corporate seals, and must include a current power of attorney from the surety evidencing the authority of its executing officer.
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Text version
PENAL SUM FORM
EJCDC NO. 1910-28-C (1996 Edition) 00410-1
BID BOND
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (Name and Address):
BID
BID DUE DATE:
PROJECT (Brief Description Including Location):
BOND
BOND NUMBER:
DATE (Not later than Bid due date):
PENAL SUM:
(Words) (Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized 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.
PENAL SUM FORM
EJCDC NO. 1910-28-C (1996 Edition) 00410-2
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.
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 by 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 and 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 or 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.
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