Exhibit_M_-_Bonding_Requirements_24_CFR_PART_85.36.pdf
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- Solicitation number
- 26-B-20KW
- Issued by
- Volusia County, Florida
About this file
This is a bonding requirements exhibit document referenced in a federally-assisted construction contract opportunity issued by Volusia County's Office of Recovery and Resiliency on behalf of the City of New Smyrna Beach, Florida, and governed by 24 CFR Part 85.36 administrative requirements for grants and cooperative agreements. The project involves construction of stormwater improvements at Corbin Park as part of New Smyrna Beach's recovery efforts following Hurricane Ian damage in September 2022. The contract is funded through a U.S. Department of Housing and Urban Development Community Development Block Grant for Disaster Recovery and is subject to federal labor standards including the Davis-Bacon Act and Copeland Act requirements, with proof of bonding mandated prior to issuance of the notice to proceed.
For construction contracts exceeding the simplified acquisition threshold, bonding requirements are mandatory and include: a bid guarantee from each bidder equivalent to five percent of the bid price in the form of a bid bond, certified check, or other negotiable instrument; a performance bond from the contractor for 100 percent of the contract price to secure fulfillment of all contractual obligations; and a payment bond from the contractor for 100 percent of the contract price to assure payment to all persons supplying labor and materials. The prime contractor bears full responsibility for wage compliance enforcement under prevailing wage rates established by the Secretary of Labor, with potential liability for wage restitution, and must provide supporting documentation throughout the project duration. The project is also subject to Section 3 and M/WBE provisions as part of the federally-assisted funding structure.
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Text version
24 CFR PART 85.36 Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments
Compliance with the following bonding requirements is mandatory.
Proof of bonding will be verified prior to issuance of the notice to proceed.
(h) Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold, the awarding agency may accept the bonding policy and requirements of the grantee or sub grantee provided the awarding agency has made a determination that the awarding agency's interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows:
(1) A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.
(2) A performance bond on the part of the contractor for 100 percent of the contract price. A performance bond is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
(3) A payment bond on the part of the contractor for 100 percent of the contract price. A payment bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
https://www.hud.gov/sites/documents/24CFR85-36PROC.PDF
File details come from the government source that posted it. Updated .