(RFP 2025_0001) Fuel Storage Facility Tank In.pdf

REQUEST FOR PROPOSAL

FOR

FUEL STORAGE FACILITY TANK INTERIOR

CLEANING/COATING

(RFP 2025-0001)

PROPOSAL SUBMITTAL DEADLINE

5:00 P.M. (EST)

Monday, January 20, 2025

LOCATION:

SAVANNAH AIRPORT COMMISSION

400 AIRWAYS AVENUE

SAVANNAH, GA 31408

REQUEST FOR PROPOSAL

FUEL TANK INTERIOR COATING (RFP 2025-0001)

PURPOSE OF PROPOSAL

The Savannah Airport Commission (SAC) (“the Commission”) is seeking qualified companies to provide proposals to complete the required interior coating of four (4) Airport Fuel Tanks (The “Project”) for the Commission. The Respondent acknowledges and accepts that any cost incurred from the respondent’s participation in this RFP shall be the sole risk and responsibility of the proposer.

All responses to this proposal must be submitted through https://savannahairport.bonfirehub.com/, and will not be accepted via email or mail. To provide a response to this proposal, all respondents must first register their company by using the above link. Registration is easy and free. Please be sure to select the NAICS codes associated with your business and/or organization. For questions regarding vendor registration or instructions on proposal submittal, please contact Melanie Freeman at mfreeman@flysav.com.

Christy Dixon Purchasing Manager cdixon@flySAV.com Savannah Airport Commission 400 Airways Avenue Savannah, GA 31408

TABLE OF CONTENTS

Airport Overview p. 3 RFP Timeline pp. 4 - 5 Scope of Work / Service Requirements pp. 5 - 7 Submittal Instructions pp. 9 - 12 Evaluation Criteria pp. 12 - 14 Payment Bond pp. 15 - 16 Performance Bond pp. 17 - 18

List of Required Forms (All forms below must be completed)

• Proposal Certification

• Non-Collusion Affidavit

• Acknowledgement of Addendum Form

• Reference Forms

• Disadvantaged Business Enterprise (DBE) Form

• Local Small Business Enterprise (SBE) Form

• Exceptions Form

• Bid Bond

• Pricing Sheet https://savannahairport.bonfirehub.com/ mailto:mfreeman@flysav.com mailto:cdixon@flySAV.com

Request for Proposals (RFP 2025-0001)

FUEL TANK INTERIOR COATING

For Savannah Airport Commission

Airport Overview

The Savannah/Hilton Head International Airport (the “Airport”) is operated by Savannah Airport Commission (the “Commission”), a public body corporate organized under the laws of the State of Georgia (Georgia Code L-1952, Section 13) and an operating agency of the City of Savannah. Commission consists of five members, appointed by the Mayor and Aldermen of the City of Savannah, for a term of five years.

Commission is responsible for the improvements, maintenance, and operation of the Airport, and it is authorized to enter into contracts for the rental of buildings, land, office space and other property; to adopt rules and regulations for the operation of the Airport;

and to have control, custody and direction of all lands, properties and improvements affixed thereto by the actions of the General Assembly, and to have general direction of the same. Commission meets monthly, usually at 9:00 a.m. on the first Wednesday of each month, in the Commission Conference Room, located on the third floor of the terminal building at 400 Airways Avenue, Savannah, Chatham County, Georgia. The Commission acts by and through its Executive Director and staff on all matters pertaining to the management and operations of the Airport.

The Airport is a 3,681-acre site located approximately eight miles northwest of the business district of Savannah, only 45 minutes from Hilton Head Island, South Carolina, and less than two hours from the Golden Isles at Brunswick or Charleston, South Carolina. The following major airlines serve the airport: Allegiant Air, American Airlines, Avelo Airlines, Breeze Airways, Delta Air Lines, Frontier Airlines, JetBlue Airways, Southwest Airlines, Sun Country Airlines, and United Airlines.

RFP Timeline Summary:

Note: The Commission reserves the right to modify this timeline at any time.

Contact Person: Christy Dixon E-mail: CDixon@flySAV.com

Non-Mandatory Pre-Proposal Meeting Information:

1. A non-mandatory preproposal meeting is scheduled for January 9, 2025 at

1:30pm via Microsoft Teams. Although the meeting is not mandatory, it will serve as a time for all proposers to gain insight on the required services and ask any questions pertaining to this RFP before submission. The information to attend the meeting via Microsoft Teams is as follows: Meeting ID: 269 845 798 131; Passcode: hT9hJ2Aq

2. Please RSVP via email to Christy Dixon @ cdixon@flysav.com for the meeting NLT Close of Business (5:00pm EST) on January 8, 2025.

Questions: All questions must be submitted through Bonfire, and will not be accepted via email or mail. All questions must be submitted no later than January 10, 2025 by COB (5:00pm EST). All responses to questions will be provided through https://savannahairport.bonfirehub.com/ in an addendum by the date noted on page 5 of this document. Contact Christy Dixon via email at CDixon@flySAV.com for questions.

Deadline for Submitting Proposals:

January 20, 2025 by COB (5:00pm EST)

Site Visit: Arranged by appointment with Christy Dixon @ cdixon@flysav.com. All scheduled site visits will take place Monday-Friday from December 26, 2024 – January 13, 2025.

Submittal Information: All responses to this proposal must be submitted through https://savannahairport.bonfirehub.com/, and will not be accepted via email or mail. Note: Please be sure to Acknowledge all associated addendums before submission of proposal response. The date for the final addendum is noted below.

mailto:cdixon@flysav.com https://savannahairport.bonfirehub.com/ mailto:CDixon@flySAV.com

RFP Timeline:

ISSUE DATE: December 20, 2024

WRITTEN QUESTIONS/COMMENTS DUE DATE: January 10, 2025

LAST ADDENDUM RELEASED: January 13, 2025

Note: Please be sure to Acknowledge all associated addendums before submission of proposal response. The date for the final addendum is noted above.

RFP RESPONSE DUE DATE: January 20, 2025

NOTIFICATION OF AWARD DECISION TO BIDDERS: NLT March 5, 2025

Scope of Work / Requirement of Services

Jet A Fuel Tanks #1, #2, #3 and #4 Interior Coating

• The contractor will be responsible for removal and disposal of any fuel remaining in the tank (approximately 1,000 gallons per tank).

• Clean area to be prepared and coated per (Steel Structure Paint Council Surface

Preparation Specification No. 1) SSPC SP1 Clean procedure to remove all contaminants.

- SSPC-SP1 - Solvent Cleaning is a method for removing all visible oil, grease, soil, drawing and cutting compounds, and other soluble contaminants. Solvent cleaning does not remove rust or mill scale. Change rags and cleaning solution frequently so that deposits of oil and grease are not spread over additional areas in the cleaning process. Be sure to allow adequate ventilation. For complete instructions, refer to Steel Structure Paint Council Surface Preparation Specification No. 1.

• Clean Base Steel area to be recoated using SSPC-SP11 Power Tool Clean to Bare

Metal standard.

- SSPC-SP11- Power Tool Cleaning to Bare Metal

Metallic surfaces that are prepared according to the specification, when viewed without magnification, shall be free of all visible oil, grease, dirt, dust, mill scale, rust, paint, oxide corrosion products, and other foreign matter. Slight residues of rust and paint may be left in the lower portions of pits if the original surface is pitted. Prior to power tool surface preparation, remove visible deposits of oil or grease by any of the methods specified in SSPC-SP1, Solvent Cleaning, or other agreed upon methods.

• Apply Phenicon HS (or coating material equal or greater) at a rate to achieve 3 to

5 mils dry film thickness following the manufacturer’s recommendations.

Alternate recoating material must be submitted in bid response as deviations/exceptions.

• After the recommended recoat time and within the recoat window, apply a second coat of the Phenicon HS to achieve 3 to 5 mils dry film thickness.

• A total of 6 to 10 mils dry film thickness should be achieved.

• After following the allotted drying time per the Phenicon HS manufacturer’s recommendations and the interior tank is inspected, return the tank to service.

• All respondents are responsible for conducting a site visit and obtaining all measurements needed prior to providing a bid response.

• Work and operations conducted by the contracted company will not hinder or affect airport operations.

• Contractors may be required to undergo a criminal history records check to attain an airport security badge.

• The successful Respondent will comply with all FAA Grant Assurances and other FAA requirements and all federal, state, and local requirements including those for the Transportation Security Administration, Customs and Border Protection and the City of Savannah. The successful Respondent(s) will also provide protection of adjacent building walls and facilities required by State laws and City Ordinances.

• If a respondent desires to conduct a site visit please contact Melanie Freeman @ mfreeman@flysav.com or Christy Dixon @ cdixon@flysav.com for scheduling.

• During any proposed facility improvement/construction, the successful Respondent will incorporate principles of and best practices in accordance with Commission’s Stormwater Pollution Prevention Plan.

• The successful Respondent/awarded company will provide an active Certificate of

Insurance to perform Scope of Work for this project before given a Notice to Proceed.

• The successful Respondent/awarded company will provide a Payment/Performance Bond to perform Scope of Work for this project before given a Notice to Proceed.

• The successful Respondent/awarded company will agree to conduct 2 follow-up inspections (12 & 24 months) after completion of the work.

GENERAL INFORMATION

• Both tanks are 12’ diameter and are located above ground. The volume of each tank has a 30k gallon capacity.

• The specifications call for power tool cleaning the interior surfaces of the tank to SSPC SP11 white metal condition. The affected areas need to be cleaned to SSPC

SP11 standards. Epoxy will need to be fully replaced.

• The location of the tanks is north of the terminal off Gulfstream Road.

• The condition of the tanks is as follows: the epoxy is damaged and stained within the tanks.

• Alternates will be allowed for Phenicon HS with approval submittal.

• All tanks hold Jet-A Fuel.

• The Savannah Airport Commission does not have the capacity for the tanks to be inoperable at the same time. One tank must always remain operable. Therefore, each tank will be taken out of service in turn.

SATELLITE IMAGE OF TANKS

Submittal Instructions

All responses to this proposal must be submitted through https://savannahairport.bonfirehub.com/, and will not be accepted via email or mail. In order to provide a response to this proposal, all respondents must first register their company by using the above link. Registration is easy and free. Please be sure to select the NAICS codes associated with your business and/or organization. For questions regarding vendor registration or instructions on proposal submittal, please contact Melanie Freeman at mfreeman@flysav.com.

All addenda associated with this RFP will be provided through https://savannahairport.bonfirehub.com/ by the date noted on page 5 of this document.

All questions must also be submitted through https://savannahairport.bonfirehub.com/, and will not be accepted via email or mail. As required, it is the respondent’s responsibility to ensure that all addenda are acknowledged through submission of the Acknowledgement of Addendum Form.

Except as otherwise provided herein, proposals which are incomplete or which are not in conformance with the law, may be rejected as non‐responsive. Timely Proposals received will be subject to applicable laws and regulations governing public disclosure. Submission of a Proposal indicates acceptance by the respondent of the conditions contained in this RFP, and the intent to enter into an Agreement with Commission.

Savannah Airport Commission reserves and may exercise the following rights and options:

(i) to reject any and all proposals, negotiate with any respondent, alter the scope of work, to extend the date for submittal responses to request additional information from any Proposer, to supplement, amend or otherwise modify the RFP prior to the closing date and time, and reissue the RFP at any time prior to execution of a final agreement if, in Commission sole opinion, and best interest to do so; (ii) to supplement, amend, substitute, or otherwise modify this RFP at any time prior to selection of one or more proposer for negotiation and (iii) to cancel this RFP with or without issuing another RFP; (iv) to reject the proposal of any proposer who, in the Commission’s sole judgment, has been delinquent or unfaithful in the performance of any contract with Commission is financially or technically incapable or is otherwise not a responsible responder; (v) To reject as informal or non-responsive, any proposal which, in Commission’s sole judgment, is incomplete, is not in conformity with applicable law, is conditional in any way, or deviates from the mandated requirements of the RFP and; (vi) to waive any informalities in the submission process, defect, non-responsiveness and/or deviation from this RFP that is not considered in the best interest and/or best value to Commission, at its sole judgment.

Any exceptions to the specifications included in the RFP must be clearly stated in the proposal response (Exceptions Sheet).

Submittal Instructions: Organization of Submission

Proposals should be typed and should not include any unnecessarily elaborate or promotional material. Lengthy narrative is discouraged. In order to expedite and to maintain consistency in the evaluation process, each Proposal should be organized as presented below. Proposals that do not follow the specific format outlined below, or that fail to provide the required documentation may receive lower scores or be disqualified if found to be non-responsive. In the event of conflict between any of the Proposal documents, resolution will be at the Commission’s sole discretion.

A. Cover Letter

Include other general information deemed significant enough to be highlighted. The letter will provide the name, address, telephone number, and e-mail address of the individual authorized to contractually bind the company/entity.

B. Contact Information

Name, title, address, and telephone number of the operator’s designated contact person for communication pertaining to this proposal.

C. Respondent’s Qualifications

Describe the Respondent and Respondent teams overall experience in planning, developing, and operating similar projects/facilities. Include specialized certificates or licenses held.

D. Itemized Cost Estimate

Provide an itemized cost list for services, to include a warranty, configuration costs, training and all other associated costs.

E. References

Please provide 3 business references whereas your company has performed similar work required in this RFP.

F. Exceptions/Deviations

State any desired exceptions to or deviations from the requirements of this RFP.

All approaches to meet the Commission’s requirements should be thoroughly explained. The Respondent’s failure to specify in their proposal any exceptions or deviations of the RFP is deemed to be the Respondent’s acceptance thereof.

G. Previous Legal Litigation or Disputes

Indicate if the Respondent has been involved in any litigation or other disputes that have the potential to result in a financial settlement or judgment having a material adverse effect on the Respondent’s ability to complete the Project. Indicate whether or not the Respondent has ever filed for bankruptcy or had operations foreclosed upon.

This financial information will remain confidential to Commission’s staff only for the purposes of determining the financial viability of the Respondent to the extent required by law, documents submitted in connection with the RFP may be subject to disclosure pursuant to Open Records Request.

Required Forms (Must Be Included in Response)

The following forms must be completed in full and submitted with the proposal:

1. Proposal Certification, which certifies that the Respondent has certain specific capabilities, and that the proposal accurately represents those capabilities.

2. Non-Collusion Affidavit: Please complete the form in its entirety.

3. Acknowledgement of Addendum Form: Please sign and acknowledge all addenda (if any) associated with this RFP.

4. References: Please provide 3 business references.

5. Disadvantage Business Enterprise (DBE) Form: If your company does not have a DBE designation, please check the box noted as non-applicable. If your company is DBE, please complete the Participation Form, while also including your DBE Certificate along with the form in this section.

6. Local, Small Business Enterprise (SBE) Form: Please complete the Local, Small Business Enterprise (LSBE) Form of this RFP. If your company does not hold the LSBE designation, please check the box noted as non-applicable. If your company is an LSBE, please complete the form, while also including your LSBE Certificate along with the form in this section.

7. Exceptions Form: Please note in your response if there are any exceptions or additions to the requirements in this proposal.

8. Bid Bond: A bid bond is required with the bid submissions of this RFQ. A Bid Bond in the form as bound in this RFP or certified check in the amount of not less than five percent (5%) of the total amount bid must accompany each bid. If the bidder chooses to submit a certified check for bid bond, please mail the certified check to Savannah Airport Commission, Attn: Christy Dixon, 400 Airways Avenue, Savannah, GA. 31408, no later than January 20, 2025.

9. Pricing Sheet: Please indicate total price for services/items requested. Pricing will include all associated costs such as travel, shipping, etc. Please also indicate warranty and Estimated time of Delivery (ETD) or time to complete services as requested in this RFP.

Payment Bond/Performance Bond

The successful bidder will be required to execute and to provide a Payment Bond/ Performance Bond each in an amount of one hundred percent (100%) of the total value of the contract awarded to him with a satisfactory surety or sureties for the full and faithful performance of the work. If the total value of the contract is less than $100,000.00, no Payment Bond or Performance Bond will be required. Only the Payment and Performance Bond as bound within and made a part of the specifications, and these documents are acceptable. No other form will be accepted

Evaluation Criteria and Award

At Proposers own expense, Proposers may be selected to attend and interview with the evaluation committee to further present their qualifications. These presentations will provide the Proposer with the opportunity to clarify their Proposal and ensure a mutual understanding of the services to be provided and the approach to be used.

By submitting its Proposal in response to this proposal, respondents accept the evaluation process.

The Savannah Airport Commission reserves the right to reject any or all responses, delete any portion of the response, accept any response deemed most advantageous, or to waive and irregularities or informalities in the response received that best serves the interests and at the sole discretion of the Commission.

The respondent selected for an award will not necessarily be the lowest bidder. Rather, the selection will be based upon the weighted criteria, responsiveness, and the most responsible and advantageous respondent for the Commission, as determined by the Commission in its sole discretion. SAC intends to award a contract, subject to the terms of this RFP, to the best overall valued firm. Firms will be prioritized based on experience and performance, current performance capability, fees, and other criteria as outlined in this document. The Commission anticipates that all firms will have a fair and reasonable opportunity to provide service. The Commission reserves the right to add/delete/modify criteria or times, via an addendum, if it is in the Commission’s best interest, as determined by the city in its sole discretion.

Criteria Chart

Criteria Maximum

Points Factor Description

1 Experience/Knowledge 35 Experience to perform the scope of work will be reviewed and evaluated. Experience will be evaluated as it reflects the Respondent’s demonstrated ability to successfully conduct the required services. Provide information on the experience of the principal contact person on similar projects and at least 3 references with contact information.

2 Warranty 25 Provide warranty information on required services.

3 Project Schedule/Timeline 20 Provide proposed, detailed project schedule and proposed completion time.

4 Cost 15 Provide overall cost for services, to include all associated costs for completion of project.

5 Local/DBE 5 Local companies or companies with DBE designation will receive local participation/DBE points. A non-local or non- DBE designation does not serve as disqualification for award of this project.

Evaluation

Upon selection of the most qualified Respondents, the Commission may require the finalists to make an oral presentation to the Evaluation Panel to further explain their proposals. If such interviews are conducted, the Commission’s evaluation of the presentations will also be factored into the evaluation of the proposals. However, Respondents are advised that award may be made without interviews or further discussion. The following process will be used to evaluate the proposals:

1. Initial Evaluation

Each Proposal received will first be evaluated for responsiveness. Each Proposal received will first be evaluated for responsiveness. Each proposal will also be evaluated to ensure that all required documents are submitted to meet SAC’s compliance as noted in this RFP (meets minimum requirements).

2. Evaluation Panel

The Commission will use a minimum of a three-person panel to evaluate each of the responsive proposals. The evaluation panel will evaluate the responsive proposals submitted and award points according to the Evaluation Points chart above.

PLEASE NOTE: No Respondent will be informed at any time during or after the RFP process as to the identity of any evaluation panel member. If a Respondent becomes aware of the identity of such person(s), he/she will not make any attempt to contact or discuss with such person anything related to this RFP. The designated Contact person is the only person at Commission the Respondent’s will contact pertaining to this RFP. Failure to abide by this requirement may cause such Respondent(s) to be eliminated from consideration for award.

3. Best and Final Negotiations

Contract Award Procedure:

By completing, executing, and submitting the Respondent Certification, attached hereto, and incorporated by this reference, the “Respondent is thereby agreeing to abide by all terms and conditions pertaining to this RFP as issued by Commission.

If a Respondent is selected, Respondents will receive by e-mail a Notice of Results of Evaluation after a notice of award is issued. Such notice will inform Respondents which Respondent has been selected to proceed with exclusive negotiations.

The Commission will evaluate the Respondents based on the above criteria and will select the most advantageous and best value to Commission. The chosen Respondent will be recommended to enter into an agreement for completion of services.

The Commission reserves the right to conduct a “Best and Final” negotiation at its sole discretion.

SAVANNAH AIRPORT COMMISSION

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that ___________________________, as Principal, hereinafter called Contractor, and ___________________________ _____________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto the Mayor and Aldermen of the City of Savannah, Georgia and the Savannah Airport Commission as Obligee, hereinafter called Owner, in the amount of ______________________________ ___________________________________________ dollars ($____________________) for the payment of which Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated _________________, _____ entered into a Contract with Owner for Fuel Storage Facility Tank Interior Cleaning & Coating, RFP 2025-0001 at the Savannah/Hilton Head International Airport in accordance with all of the Contract Documents consisting of the Plans and Specifications, and all addenda or other revisions prepared by the Savannah Airport Commission, which Contract is be reference made a part hereof and is hereinafter referred to as the Contract.

NOW, THEREFORE, the conditions of the above obligation is such that if the said Contractor shall well and faithfully perform the things agreed by him to be done and performed according to the terms of said Contract, and shall promptly make payments to all persons supplying labor, material, and supplies used directly or indirectly by the said Contractor, or subcontractor(s), in the prosecution of the work provided for in said Contract, we agreeing and assenting that this undertaking shall be for the benefit of any subcontractor, material men, or laborer having a just claim, as well as for the Obligee herein, then this obligation shall be void, otherwise, the same shall remain in full force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated.

The said Surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of said Contract or on or to the plans and specifications therefore shall in any way affect the obligation of said Surety or its Bond.

The said Surety shall inform the Owner thirty (30) days prior to expiration of this bond, by giving notice by registered mail.

Signed and sealed this __________ day of _______________________, _______.

Contractor must indicate whether Corporation: □ Partnership: □ Corporation, Partnership, Company or Individual Company: □ Individual: □

The person signing shall, in his own handwriting, sign the principal's name, his own BY: _______________________________ name and his title. Where a Name (Signature) person signing for a corporation is other than the President or Vice President, he must, by Name (Print/Type) affidavit as contained herein, show his authority to bind the TITLE:_________________________ corporation.

(Affix Contractor’s Corporate Seal)

ATTEST BY: _____________________________________

Name (Signature)

Name (Print/Type)

TITLE: ________________________________

(Affix Surety's Corporate Seal)

Surety

BY: ______________________________________

Name (Signature)

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that _______________________________, as Principal, hereinafter called Contractor, and ______________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto the Mayor and Aldermen of the City of Savannah, Georgia, and the Savannah Airport Commission as Obligee, hereinafter called Owner, in the amount of ___________________________________________________ dollars (USD $____________________________ ) for the payment of which Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated _____________________, ______,entered into a Contract with Owner to provide services for Fuel Storage Facility Tank Interior Cleaning & Coating, RFP 2025-0001 at Savannah/Hilton Head International Airport in accordance with all of the Contract Documents consisting of the Plans and Specifications, and all addenda or other revisions prepared by the Savannah Airport Commission which Contract is by reference made a part hereof and is hereinafter referred to as the Contract.

NOW, THEREFORE, the condition of the above obligation is such that if the said Contractor shall well and faithfully perform the things agreed by him to be done and performed according to the terms of said Contract, and shall promptly make payments to all persons supplying labor, material, and supplies used directly or indirectly by the said Contractor, or subcontractor(s), in the prosecution of the work provided for in said Contract, we agreeing and assenting that this undertaking shall be for the benefit of any subcontractor, material men, or laborer having a just claim, as well as for the Obligee herein, then this obligation shall be void, otherwise, the same shall remain in full force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated.

The said Surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of said Contract or on or to the plans and specifications therefore shall in any way affect the obligation of said Surety or its Bond.

The said Surety further stipulates and agrees that in the event of a default or deficiency on the part of the Contractor amounting to a breach of the Contract, the Owner may, by giving notice by registered mail to Contractor and Surety, require that such default or deficiencies be remedied within ten (10) days from the date of such notice. Failure so to remedy or to take proper steps to remedy such defaults or deficiencies within said period shall be cause for the Owner to require that Surety take over and prosecute the work under the Contract and to take over all obligations pertaining thereto. In the event the work under the Contract is taken over by the Surety in a manner satisfactory to the Owner, the Owner will pay to the Surety henceforth all amounts due and to become due under the Contract, including amendments, less the balance of the Contract price previously paid to the Contractor and less liquidated damages, if assessed. The Owner shall not be liable for any monies not due on the Contract and shall not be made a party to any dispute between Contractor and Surety.

If the Surety does not take over the work in a satisfactory manner within ten (10) days after the notice of default or does not proceed with completing the work in accordance with the Contract, the Owner shall have full power and authority, without impairing the obligation of the Contract or the Contract Bond, to take over the completion of the work; to appropriate or use any or all material and equipment that may be suitable; to enter into agreements and provisions thereof; or to use such other methods as may be required for completion of the Contract. The Contractor and his Surety shall be liable for all costs incurred by the Owner in completing the work and for all liquidated damages in conformity with the terms of the Contract. If the sum of such liquidated damages and the expense so incurred by the Owner is less than the sum which would have been payable under this Contract if it had been completed by the Contractor or his Surety, the Contractor or his Surety shall be entitled to receive the difference; and if the sum of such expense and such liquidated damages exceeds the sum which would have been payable under the Contract, the Contractor and his Surety shall be liable and shall pay to the Owner the amount of such excess. Notice to the Contractor shall be deemed to have been served when delivered to the man in charge of any office used by the Contractor, his representative at or near the work, or by registered mail addressed to the Contractor at his last known place of business.

The said Surety further stipulates and agrees that this bond is also given and made as a guarantee insuring the Owner against loss resulting from costs of repairing, replacing, or reconstructing any portion of the work performed or equipment furnished under the Contract, because of failure to perform as specified or from being defective in any manner whatsoever. This bond shall remain in full force and effect for a period of one year after the date of written recommendation and of acceptance by the Owner.

The said Surety shall inform the Owner thirty (30) days prior to expiration of this bond, by giving notice by registered mail.

Signed and sealed this __________ day of _______________________, ____________.

Contractor must indicate whether Corporation: □ Partnership: □ Corporation, Partnership, Company or Individual Company: □ Individual: □

The person signing shall, in his own handwriting, sign the principal's name, his own BY: _____________________________________ name and his title. Where a Name (Signature) person signing for a corporation is other than the President or _____________________________________ Vice President, he must, by Name (Print/Type) affidavit as contained herein, show his authority to bind the TITLE: _____________________________________ corporation.

(Affix Contractor’s Corporate Seal)

ATTEST BY: ____________________________________

Name (Signature)

Name (Print/Type)

TITLE: _____________________________________

(Affix Surety's Corporate Seal) Surety

BY: ______________________________________

Name (Signature)