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HomeMy WebLinkAboutOpening of Bids - WWTP Belt Filter Press #4 Rehabilitation Proj No 117-025 - Alfa Laval Inc.p KNOW 7 -4 =1 7 �r, -17 -7 Ir"T 7 7p i =7 11 177 , ml� WIA MIIIIIROVFMCIIW� PART II (For projects of $100,000 or more —1C 36-1-12-4) These statements to be submitted under oath by each bidder with and as part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. Attach information regarding projects your organization has completed for the period of one (1) year prior to the date of the current bid. 2. Attach a listing of public works projects currently in process of construction by your organization. 3. Attach information regarding any failure to complete any work awarded to you and the location thereof. 4. Attach references from private firms for which you have performed work. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Attach an explanation of your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the City of South Bend to consider your bid.) 2. Attach a listing of the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. 3. If you intend to sublet any portion of the work, attach the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the City of South Bend in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. Attach a listing of equipment you have available to use for the proposed project, 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal"? If not, attach an explanation for the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the City of South Bend awarding the contract must be specific enough in detail so that said City of South Bend can make a proper determination of the bidder's capability for completing the project If awarded. Version 10117/2016 Contractor's Bid for Public Works - 3 Men the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVIJSTMENT WITH MAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Texas } )SS', Harris COUNTY } The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from" participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-5, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institutions that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides, goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Version 10/1712016 Contractor's Bid for Public Works - 4 r Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1,7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ('MBE'D or as a Women's Business Enterprise ("WBF) as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE, however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C, 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. f Verslon 10/17/201 S Contractor's Bid for Public Works - 5 - _ g; — .: - a � �� �„ .�..�� �,� � �3� i� ry � � � �.��' ��gg mm :a r A rs C rn mT� a�a�i �+(DM(LL)aa)) C N t� N L L ram. -a C N cCi N m @ 3 ®c c 3 O 4-- rp U3O 0 N Q Id CL (p N N N p, i0 Q - ac c' a e ° .3 cti o -0 .o Q = c' toi c ° 3 d) _Q a N cl rn U 'N s a) U) N CoC4- -,2 a) .N C a) N U) C N 4- _C {A U U CL U CL M U( U�a) CL U �N+ � CLO co a) O Q %- cO -am M.v O O U m Q N O N +' U M N� 2CL0 $ O U a0i N �c a {� N U a c w cya N sc a) a) U O N CL 4 O N 5 Q-0" c O U- w N c Q) l° N� r- � Nc L 1 E d) O 7 ++ 'C ' 0 0 0 0 E .0 E U' U L C� a1 > lII r+ O O O O C G 0 U (D E° a) 0) a aci O as m 0) a V a oCU a'�� U a t. on., oA O C 3 C Ci f0 C N Ui U a) N U O N C O m=5 Q cooc�Cu �( k - Uf -O o -O C _ ro� C U- m 0cm E a) (D a V ° -t4, O ro a °oroQ m© O fl) m .n � O0. 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CV () 0) REBUILT BELT FILTER PRESS INSTALLATION LIST KLAMPRESS CUSTOMER New Shoreham WWTP 1 Spring Street Block Island, RI 02807 Ray Boucher 401-466-3231 EQUIPMENT Klampress N WATER AND WASTEWATER TREATMENT SOLUTIONS QTY/SIZE DATE (1) Size 1 2014 Scope: Complete site rebuild. Work consisted of new roller assemblies, new stainless steel drainage pans, new fiberglass cylinders, new electrical system, new stainless steel washboxes, new washtubes, new gravity drainage grids, new drive gears, new Main BFP Control Panel and new filter belts. All site labor performed by Ashbrook's personnel. Chelford City WWTP Klampress (2) Size 3 2014 15027 Alief Clodine Road Houston, TX 77082 Ramon Castillo 832-435-1872 Scope: Complete site rebuild. Work consisted of re -galvanizing all carbon steel machine components, rework roller assemblies, new stainless steel drainage pans, new fiberglass cylinders, new hydraulic system, new electrical system, new stainless steel washboxes, new washtubes, new gravity drainage grids, new drive gears, new filter belts and new Main BFP Control Panels. All site labor performed by Ashbrook's personnel. West Chicago, IL Klampress (2) Size 3 2014 725 Dayton Street West Chicago, IL John Bowman 630-293-2260 Scope: Complete site rebuild. Work consisted of re -galvanizing all carbon steel machine components, rework roller assemblies, new stainless steel drainage pans, new fiberglass cylinders, new hydraulic system, new electrical system, new stainless steel washboxes, new washtubes, new gravity drainage grids, new drive gears and new filter belts. All site labor performed by Ashbrook's personnel. Brevard County, FL Klampress (1) Size 3 2013 2800 S. Highway AiA Melbourne Beach, FL 32591 Glenn Siler 321-952-4550 Installation List Page 2 of 6 CUSTOMER EQUIPMENT OTY/SIZE DATE Scope: Complete site rebuild. Work consisted of new roller assemblies, new stainless steel drainage pans, new fiberglass cylinders, new electrical system, new stainless steel washboxes, new washtubes, new gravity drainage grids, new drive gears and new filter belts. All site labor performed by Ashbrook's personnel. Deland, FL Klampress (1) Size 3 2013 1101 South Amelia Ave. DeLand, FL 32724 Jody Hansen 386-740-6855 Scope: Site rebuild to "like new" condition consisting of new 2 9/16" roller assemblies, all new wear parts, new hydraulic system, new electrical system, new drive gearing, new set of filter belts and new hydraulic unit retrofit lid assembly. All Moundsville, WV Klampress (1) Size 2 2013 1700 Lafayette Ave. Moundsville, WV 26041 Tim Minor 304-845-8973 Scope: Complete site rebuild. Work consisted of reconditioned roller assemblies, new fiberglass cylinders, new electrical system, new stainless steel washboxes, new washtubes, new gravity drainage grids, new drive gears and new filter belts. All site labor performed by Ashbrook's personnel. Palmetto, FL Klampress (1) Size 2 2013 1310 28t' Avenue West Palmetto, FL 34221 Ray D'Aiuto 941-723-6106 Scope: Complete site rebuild. Work consisted of new roller assemblies, new fiberglass cylinders, new electrical system, new stainless steel washboxes, new washtubes, new gravity drainage grids, new drive gears and new filter belts. All site labor performed by Ashbrook's personnel. Brazos River Authority Klampress (1) Size 1 2012 Richwood/Clute WWTP Clute, TX Greg Graf 281-795-8420 Scope: Complete site rebuild. Work consisted of re -galvanizing all carbon steel machine components, rework roller assemblies, new stainless steel drainage pans, new fiberglass cylinders, new hydraulic system, new electrical system, new stainless steel washboxes, new washtubes, new gravity drainage grids, new drive gears and new filter belts. All site labor performed by Ashbrook's personnel. Installation List Page 3 of 6 CUSTOMER City of Toledo Bayview Park W.W.T.P. Toledo, Oh Dave Schroeder 419-727-2611 EQUIPMENT QTY/SIZE DATE Klampress (2) Size 3 2012 Scope: Complete site rebuild. Work consisted of new roller assemblies, new stainless steel drainage pans, new fiberglass cylinders, new hydraulic system, new electrical system, new stainless steel washboxes, new washtubes, new gravity drainage grids, new drive gears and new filter belts. All site labor performed by Ashbrook's personnel. Manatee County Klampress Southwest WWTP 5160 65t' Street West Bradenton, FL 34210 Tom Burke 941-792-8811 ext 5179 (1) Size 3 2012 Scope: Site rebuild to "like new" condition consisting of new 2 9/16" roller assemblies, all new wear parts, new hydraulic system, new electrical system, new drive gearing, new set of filter belts and new hydraulic unit assembly. All site labor performed by Ashbrook's personnel. Bayshore Regional Auth. Klampress W.W.T.P. 100 Oak Street Union Beach, NJ 07735 Pete Canal 732-739-1095 (1) Size 3 2012 Scope: Site rebuild to "like new" condition consisting of new 2 9/16" roller assemblies, all new wear parts, new hydraulic system, new stainless steel drain pans, new electrical system, new drive gearing, new set of filter belts and new hydraulic unit retrofit lid assembly. All site labor performed by Ashbrook's personnel. Deland, FL Klampress (1) Size 3 2012 1101 South Amelia Ave. DcLand, FL 32724 Jody Hansen 386-740-6855 Scope: Site rebuild to "like new" condition consisting of new 2 9/16" roller assemblies, all new wear parts, new hydraulic system, new electrical system, new drive gearing, new set of filter belts and new hydraulic unit retrofit lid assembly. All site labor performed by Ashbrook's personnel. Installation List Page 4 of 6 CUSTOMER E UIPMENT QTY/SIZE DATE Apopka, FL Klampress (1) Size 3 2012 748 east Cleveland Street Apopka, FL 32703 Kevin Burgess 407-703-1731 Scope: Site rebuild to "like new" condition consisting of new 2 9/16" roller assemblies, all new wear pans, new hydraulic system, new electrical system, new drive gearing, new set of filter belts and new hydraulic unit retrofit lid assembly. All site labor performed by Ashbrook's personnel. Gloucester County WWTP Klampress (1) Size 3 2011 2 Paradise Road West Deptford, NJ 08066 Robert Gezzi 856-423-3500 Scope: Site rebuild to "like new" condition consisting of new 2 9/16" roller assemblies, new main frames, all new wear parts, new hydraulic system, new stainless steel drain pans, new stainless steel washboxes, new electrical system, new drive gearing, new set of filter belts and new hydraulic unit retrofit lid assembly. All site labor performed by Ashbrook's personnel. McCain Foods Klampress (2) Size 3 2011 Hwy 54 & 11 e Street Plover, WT. 54467 Don Ward 715-459-2872 Scope: Complete factory rebuild to "like new" condition consisting of recoating of existing rollers, replacement of all wear components, new lower maintenance bearing assemblies, new stainless steel drain pans, new hardware, new washboxes, new hydraulic cylinders, new chicane assemblies, new belt drive units, re-galvanize/paint main frame and all other carbon steel components, new hydraulic units and new filter belts. Each machine was disassemble and reassembled on site. All machine components were returned to Ashbrook's factory for reconditioning. All site labor was performed by Ashbrook with assistance by local Contractor. Princeton, IN Klampress (1) Size 3 2011 220 S. Richland Creek Drive Princeton, IN 47670 Bill Eubanks 812-385-3343 Scope: Complete factory rebuild to "like new" condition consisting of recoating of existing rollers, replacement of all wear components, new lower maintenance bearing assemblies, new stainless steel drain pans, new hardware, new washboxes, new hydraulic cylinders, new chicane assemblies, new belt drive units, re-galvanize/paint main frame and all other carbon steel components, new hydraulic units and new filter belts. Each machine was disassemble and reassembled on site. All machine components were returned to Ashbrook's factory for reconditioning. Installation List Page 5 of 6 CUSTOMER EQUIPMENT TYQ� /SIZE DATE Raritan Township Klampress (1) Size 3 2011 365 Old York Road Flemington, NJ 08822 Gregory LaFerla 908-782-7453 Scope: Site rebuild to "like new" condition consisting of new 2 9/16" roller assemblies, all new wear parts, new hydraulic system, new electrical system, new drive gearing, new set of filter belts and new hydraulic unit retrofit lid assembly. All site labor performed by Ashbrook's personnel. Somerset Raritan Valley Klampress Sewage Auth. W.W.T.P. 1 Polhemus lane Bridgewater, NJ 08807 Tony Tambasco 908-419-7978 (1) Size 3 2011 Scope: Complete factory rebuild to "like new" condition consisting of recoating of existing rollers, replacement of all wear components, new lower maintenance bearing assemblies, new stainless steel drain pans, new hardware, new washboxes, new hydraulic cylinders, new chicane assemblies, new belt drive units, re-galvanize/paint main frame and all other carbon steel components, new hydraulic units and new filter belts. Each machine was disassemble and reassembled on site. All machine components were returned to Ashbrook's factory for reconditioning. Bellaire WTP Klampress (1) Size 3 2010 4401 Edith Street Bellaire, TX 77401 Leonard Hansen 713-662-8172 Scope: Complete factory rebuild to "like new" condition consisting of recoating of existing rollers, replacement of all wear components, new lower maintenance bearing assemblies, new stainless steel drain pans, new hardware, new washboxes, new hydraulic cylinders, new chicane assemblies, new belt drive units, re -galvanize main frame and all other carbon steel components, new hydraulic units and new filter belts. Machine was removed from the Dewatering Building and was disassembled/reassembled at Ashbrook's factory. Franklin WWTP Klampress (2) Size 3 2010 5200 Brookshire Blvd. Charlotte, NC 28216 Terry Homan 704-201-3460 (cell) Scope: Complete factory rebuild to "like new" condition consisting of recoating of existing rollers, replacement of all wear components, new lower maintenance bearing assemblies, new stainless steel drain pans, new hardware, new washboxes, new hydraulic cylinders, new chicane assemblies, Installation List Page 6 of 6 CUSTOMER EQUIPMENT TYQ YISIZE DATE new belt drive units, re -galvanize main frame and all other carbon steel components, new hydraulic units and new filter belts. Each machine was removed from the Dewatering Building and was disassembled/reassembled at Ashbrook's factory. Jeffersonville WWTP Klampress (1) Size 3 2010 1420 Pennsylvania Ave. Jeffersonville, IN 47130 Len Ashack 812-285-6451 Scope: Site rebuild to "like new" condition consisting of new 2 9/16" roller assemblies, all new wear parts, new hydraulic system, new electrical system, new drive gearing, new set of filter belts and new hydraulic unit retrofit lid assembly. All site labor performed by Ashbrook's personnel. Surface Water TP Klampress (1) Size 2 2009 6055 Lake Washington Road Melbourne, FL 32934 Joseph Dean 321-255-4622 Scope: Site rebuild to "like new" condition consisting of new 2 9/16" roller assemblies, all new wear parts, new hydraulic components, new stainless steel drain pans, new stainless steel washbox assemblies, new electrical system, new drive gearing, new wall mount hydraulic unit. All site labor performed by Ashbrook's personnel. Northside WWTP Mampress (2) Size 3 2010 1900 East Club Blvd. Durham, NC 27704 John Dodson 919-560-43 84 Scope: Complete factory rebuild to "like new" condition consisting of recoating of existing rollers, replacement of all wear components, new lower maintenance bearing assemblies, new stainless steel drain pans, new hardware, new washboxes, new hydraulic cylinders, new chicane assemblies, new belt drive units, re-galvanize/paint main frame and all other carbon steel components, new hydraulic units and new filter belts. Each machine was disassemble and reassembled on site. All machine components were returned to Ashbrook's factory for reconditioning. F.� ",-; L5 t. a7:v, �a"I➢:a ti E z zs�'�r_el 2-'t II4' tB ks &S -� .08'si g "+^ a t .�f3%&m 9$�■� x A 3 „ 3G,:sew p««,m, 677 :„ &«,x, aa+ „ «7 .c� :z>A+.: Imo' L'L < �m UJki N 4 ola. ml� a. •«%ez!! � ma a� ! ! Alfa Laval Inc. Statement of Assets, Liabilities, and Equity (Unaudited) (USD in thousands) as of December 31, 2016 Assets Cash and cash equivalents 8.306 Accounts receivable Trade, net of allowance for doubtful accounts 73,900 Affiliates - USA Affiliates - all other 6,074 Inventories 83,608 Other current assets 14,041 Total current assets 185,929 Property and equipment, net of accumulated depreciation 26,225 Intangible assets, net of accumulated amortization 402,590 Other assets 35,38E Total long term assets 464,203 Total assets 650,132 Liabilities and Shareholders' Equit Liabilities Accounts payable Trade 14,131 Affiliates - USA - Affiliates - all other 32,941 Accrued expenses 57.215 Advances from customers 7,888 Other current liabilities 27,072 Total current liabilities 139,247 Long term notes payable Affiliates - USA Affiliates - all other 346,759 External - Long term pension liabilities 91,295 Total long term liabilities 438,054 Total liabilities 577,301 Shareholders' eaui Common stock 4,400 Additional paid -in capital 10,402 Retained Earnings (Deficit) 58,029 Total shareholders' equity 72,831 Total liabilities and shareholders' equity 650,132 MBE/WBE CONTACTED LIST (Page 2 of 2) The following addition MBE/WBE Firms were contacted for supplying parts on this project. MBE/WBE Firm: S & R Solution Owner or Contact at MBE/WBE Firm: Left Message for Representative Telephone: 574-850-2813 Fax: E-mail: TYPE OF WORK SOLICITED FOR THIS PROJECT: Supply of drive pinion and bull gears. RESULTS OF CONTACT WITH MBE/WBE FIRM: Tried several times to contact business and never received call back from business MBE/WBE Firm: 5ible Machine & Foundry Corporation Owner or Contact at MBE/WBE Firm: Bill Voll Telephone: 574-288-4611 Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT: Supply of drive inion and bull gears. RESULTS OF CONTACT WITH MBE/WBE FIRM: E-mail:yhyoll@sibleymachine.com Vendor is unable to provided requested parts. Vendor supplies only general caging. No quote MBE WBE Firm: Powell Tool Sup Lay Inc. Owner or Contact at MBE/WBE Firm: _ Doug_Debree Telephone: 574-289-4811 ext 2588 Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT: Supply of drive pinion and bull gears. RESULTS OF CONTACT WITH MBE/WBE FIRM: E-mail- Vendor is unable to quote the requested parts. A'. y a .c n, ,iC,,3R .i 74. f. fiJ r � x .. BSc .. z 13 C. 5i6(t-- '%,": f%." eta. FG '.•4, wo3 '. 3, s.= fie :Y F1AE- Yad9 0 w PENAL SUM FORM 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 vold 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. S. 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 the 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 the 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. Ei W CO C 430, BId Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jessica J. Winfree , Individually of Richmond, VA its true and lawful Attorney -in -Fact with fall power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - Surety Bond No: Bid Bond Principal: Alfa Laval Inc. obligee: City of South Bend, Indiana, Board of Public Works and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 1st day of December, 2015. yt'Esrfrys WESTERN SURETY COMPANY &°01 go eo *Paul T. Bmflat, Vice President State of South Dakota ss County of Minnehaha On this 1st day of December, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the, City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires 3. -- -- OHR ,�q NtlI/WYVUBUC June 23, 2021 �'T"""Kgr" J. Mohr, Notary Public CERTIFICATE 1, L, Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that Ilia Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 11th day of April, 2017. jow.OaE o WESTERN SURETY COMPANY s �°apoRA t; A�'�''p �lk$nK� L, Nelson, Assistant Secretary Fofm F4280-7-2012 P Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.