5-5. 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 Brookwood Drive Drainage Improvements

IFB NO. 082-25-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: Brookwood Drive Drainage The Contractor will provide labor, materials, equipment, supplies, services, skills, supervision and necessary tools and equipment, throughout the Contract period, required for the construction of approximately 240 linear feet of 8-foot by 5-foot concrete box culvert, reinforced concrete pipe, structures, manholes, concrete curb and gutter, and ditch stabilization. This project includes ditch installation of fences, sodding, utility adjustments, roadway repair and other pay items included in the Contract Documents.

The project also includes other items incidental to construction, such as: disposal of materials removed; maintenance of traffic, and restoration of disturbed areas.

The Contractor shall have the capability to perform and complete the services in all respects in accordance with the solicitation documents. The Contractor here by warrants that all services will be performed in a timely and first-class workmanlike manner.

Improvements

The project also includes other items incidental to the infrastructure replacement, such as: disposal of materials removed; maintenance of traffic, and restoration of disturbed areas including sidewalk, curb and gutter, and pavement as identified in the Contract Documents. Specifically, the contractor will be required to provide arboricultural mitigation for trees impacted, per the provided Arborist Report and plan sheets and to secure road closure requests after submission of acceptable Temporary Traffic Control plans. This project is being constructed in advance of a planned Leon County resurfacing project.

The Contractor shall have the capability to perform and complete the services in all respects in accordance with the solicitation documents. The Contractor here by warrants that all services will be performed in a timely and first-class workmanlike manner.

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