1-2. REQUIRED Performance and Bid Bond Trench Safety Act Form.docx

BID SECURITY

STATE OF FLORIDA

COUNTY OF ________________________

KNOW ALL MEN BY THESE PRESENTS, THAT WE _____________________________

(hereinafter called "Principal"), and __________________________________________________ as Surety (hereinafter called "Surety") are held and firmly bound unto the City of Tallahassee (hereinafter called "City") in the sum of

Dollars and _______________ cents ( $___________________ ) lawful money of the United States of America, for payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents:

WHEREAS, the "Principal" contemplates submitting or has submitted a bid to the City of Tallahassee for

RE-BID PUMP STATION 182

REDUNDANT POWER

t

IFB NO. 043-26-RM

WHEREAS, it was a condition precedent to the submission of said bid that a bid bond in the amount of not less than five (5) percent of the base bid be submitted with the base bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written contract with the City of Tallahassee and furnish a contract surety bond in the amount equal to one hundred percent (100%) of the contract sum for the performance of said Contract within ten (10) consecutive calendar days after written notice having been given of the award of the Contract.

NOW THEREFORE, the conditions of this obligation are such that if the bid of the "Principal" herein be accepted and said "Principal" within ten (10) consecutive calendar days after written notice being given of such acceptance, enter into a written contract with the City of Tallahassee and furnish a contract surety bond in the amount equal to one-hundred percent (100%) of the contract sum, satisfactory to the City of Tallahassee, then this obligation shall be void; otherwise, the sum herein stated shall be due and payable to the City of Tallahassee and the "Surety" herein agrees to pay said sum in good and lawful money of the United States of America, as liquidated damages for failure thereto of said "Principal".

IN WITNESS WHEREOF, the said ___________________________________________________ _____________________________________________________________________________ as "Principal" herein has caused these presents to be signed and sealed and the said______________________________________________ as "Surety" herein has caused these presents to be signed in its name by its__________________________________ under its corporate seal, this ______ day of ______________________, A.D., 20_______.

TITLE:____________________

TITLE:___________________________

Its Attorney-in-Fact (Surety)

Florida Resident Insurance Agent;

License No. ____________________

NOTE: Power of Attorney showing authority of Attorney-In-Fact shall be attached.

C O N T R A C T B O N D

Contractor:

Name:________________________________________________________________

Principal Business Address:_______________________________________________

Telephone Number:______________________________________________________

Surety:_______________________________________________________________

Owner:________________________________________________________________

Contracting Entity:____________________________________________________

Contract Number:_____________________________________________________

Description of Project: RE-BID PUMP STATION 182

REDUNDANT POWER

IFB NO. 043-26-RM

The work associated with the construction of the Pump Station 182 Redundant Power Project includes the carrying out of all duties and obligations and the furnishing of all labor, material, tools, equipment, and other incidentals necessary or convenient to the successful completion of the project.

This project generally consists of the construction of a redundant underground power supply from the Utility’s (City of Tallahassee Electric Department) distribution system to Pump Station 182. Portions of the work will be performed by COT Electric, and portions of the work shall be performed by the Contractor. The Scope of Supply/Division of Responsibility is defined by a document attached to the Electrical Specifications (Appendix D).

Pump Station 182 Scope of Work The Contractor’s scope of work at Pump Station 182 includes supply and installation of two 4-inch electrical conduits via horizontal directional drilling from an existing termination cabinet on Engineering Way to an existing termination cabinet at the Pump Station 182 site. Additional termination cabinets (supplied by COT Electric) are to be installed by the Contractor along the conduit route. The Contractor’s scope also includes coordination with the Electric Utility (City of Tallahassee Electric Department) for the installation of a pad mounted transformer and installation of the primary conductors. The transformer pad and the primary conduits on the Pump Station 182 site shall have been installed by Others.

The Contractor’s scope of work shall also include the supply and installation of the Main Breaker (2000 amps) and the Automatic Transfer switch (ATS – Redundant Power or Main-to-Main) as coordinated with the overall PS #182 Project. The installation shall include conduit and cable from the secondary of one transformer to the new Main Breaker and from the new Main Breaker to the new ATS (one side of the Main-to-Main ATS – aka Service -to- Service ATS). The work shall also include rework of the existing Main Breaker’s outgoing feeder to the new Main-to-Main ATS and the installation of the conduit and cable for the “Load” connection of the new ATS to the Normal Power connection of the existing ATS (Utility-to- Generator ATS – the generator connection will have been made by Others).

The Contractor’s scope of work includes electrical work that will take place on the PS #182 site, and this work shall be coordinated with the Overhead (O/H) and Underground (U/G) Distribution work performed by the Contractor, the Utility, and Others. The O/H Distribution work shall include the connection/riser to O/H power lines and a connection to a pad mounted transformer. The U/G distribution work shall include the 15KV circuit routed to the PS #182 Site and connected to a pad mounted transformer (see Scope of Supply/Division of Responsibility document).

FUNDING

This project does have Federal Funds in the funding source, and therefore applicable subsections of Section 1.36 FEDERAL PROVISIONS DO APPLY. The project is funded, in part, by a Hazard Mitigation Grant Program (HMGP) grant through the Florida Division of Emergency Management (FDEM). The funds originate with the Federal Emergency Management Agency (FEMA), and FDEM is the pass-through agency. As such, subsections 1.36.b, 1.36.c, and 1.36.f DO NOT APPLY.

BY THIS BOND, We, the above-named Contractor and the above-named Surety, a corporation duly authorized under the laws of the State of Florida to act as surety on bonds, are held and firmly bound to the CITY OF TALLAHASSEE, a Florida municipal corporation, hereinafter called the City, in the following sum:

____________________________________________________________ DOLLARS

($_________________________________), for payment of which we bind ourselves, our personal representatives, successors, and assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if Contractor:

1. Shall strictly and in all respects faithfully and fully perform the terms and conditions of that certain contract between the Contractor and the City described above and dated the _____ day of _________________________, ________________, upon the terms and conditions set forth in that contract, which are made a part of this bond by reference, at the times and in the manner prescribed in the contract as they may be amended by the Contractor and City, such contract and amendments thereto hereinafter called the Contract; and,

2. Promptly makes payments to all claimants, as defined in Section 255.01, Florida Statutes, supplying Contractor with labor, services, materials, or supplies in prosecution of the work provided for in the Contract; and,

3. Promptly and fully indemnifies the City as required by the Contract; and,

4. Pays to the City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains by reason of any failure by the Contractor to fully and completely perform the Contract; and, performs the guarantee of all work, materials, and equipment furnished under the Contract for the time specified in the Contract, including without limitation the remedy of any and all defects in or from the said work, and payment for any damage to other work resulting therefrom, which may exist, appear, occur or result within a period of two (2) years from the date of final, written acceptance of all work under the Contract, then this bond is void; otherwise it remains in full force and effect.

Any changes in, or under, the Contract; any granting of an extension of time for the performance of the Contract; any other forbearance by or on the part of the either the City or the Contractor; or any compliance or noncompliance with any formalities connected with the Contract or changes thereto shall in no way release or affect, in any way, the obligations of either the Contractor or the Surety under this bond. Notice to the Surety of any such changes, extensions, or forbearance is hereby specifically waived.

DATED this _____ day of __________________________________________.

For the Principal:

By: ____________________________ (Type or print name and title of signatory)

For the Surety:

By: _______________________________ By: _________________________(Seal) __________________________________ Attorney-in-Fact (Type or print name and title of signatory)

Florida Resident Agent: ______________________________ Registration No.: ___________________________________

NOTE: POWER OF ATTORNEY SHOWING AUTHORITY OF ATTORNEY IN FACT SHALL BE ATTACHED HERETO.

TRENCH SAFETY ACT FORM

Bidder acknowledges that included in the various items of the proposal and in the total bid prices are cost for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the cost to be summarized below. Failure to complete the following may result in the Bid being declared non-responsive.

Trench Safety Measure (Description) Unit of Measure

(LF, SY)

TOTAL