A contracting unit may provide that a person bidding on any other contract, advertised in accordance with law, shall furnish a guarantee as provided for herein. The guarantee shall be payable to the contracting unit so that if the contract is awarded to the bidder, the bidder will enter into a contract therefor and will furnish any performance bond or other security required as a guarantee or indemnification. Bidder questions shall be submitted in writing to Sean Sauder at ssauder@psands.com by close of business October 5, 2023. The guarantee shall be in the amount of 10% of the bid, but not in excess of $20,000.00, except as otherwise provided herein, and may be given, at the option of the bidder, by certified check, cashier's check or bid bond. In the event that any law or regulation of the United States imposes any condition upon the awarding of a monetary grant to any contracting unit, which condition requires the depositing of a guarantee in an amount other than 10% of the bid or in excess of $20,000.00 the provisions of this section shall not apply and the requirements of the law or regulation of the United States shall govern.. The bid security shall be retained by the Borough of Mendham until the Contract for the Work has been executed. Bid bonds will be returned or written notice of release will be given to the unsuccessful Bidders, with the exception of the second qualifying Bidder, at such time as their bids are rejected. In the event the successful Bidder is unable to execute the Contract, for whatever reason, the Borough of Mendham may exercise its legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security. The Work required under the Contract shall consist of, but is not limited to, mobilization on site in the areas defined for the Contractor's physical plant and lay-down area; installation of the project sign; installation of temporary by-pass pumping, piping and standby power when so required; demolition of process equipment, piping and valves, and installation of new process equipment, piping and valves, and support facilities in the existing grit building; general site and structural improvements at the existing oxidation ditch including but not limited to modifications to the outlet control structure; equipment sandblasting and painting to the existing final clarifiers equipment; start-up testing and instructional training due to process equipment improvements; plumbing, HVAC, instrumentation, and electrical work supporting the new and other process equipment; punch-list work; demobilization of the Contractor's physical plant; site clean-up, and a surface restoration and treatment upon Project completion, (collectively, the "Work").