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 document outlines the mandatory bonding requirements established under 24 CFR Part 85.36 for construction and facility improvement contracts exceeding the simplified acquisition threshold, as applied to the CDBG-DR New Smyrna Beach Corbin Park Stormwater Improvements Construction project managed by Volusia County's Office of Recovery and Resiliency in Florida. The project encompasses comprehensive stormwater management infrastructure improvements along Corbin Park Road and interconnected local roadways, including installation of storm drainage pipes ranging from 12 to 48 inches in diameter, storm structures, inlets, manholes, utility relocations, and pavement restoration across approximately 8,600 linear feet. The non-mandatory pre-bid meeting is scheduled for December 1, 2025, at 3:00 pm with virtual attendance available via Microsoft Teams. Potential bidders must submit questions electronically through the County's eProcurement Portal by December 9, 2025, at 11:59 pm, with bid submissions due by December 23, 2025, at 3:01 pm. The project has a substantial completion period of 600 days, with final completion required 30 days thereafter.
The bonding requirements mandate that each bidder provide a bid guarantee equivalent to five percent of the bid price in the form of a bid bond, certified check, or other negotiable instrument. Upon contract award, the contractor must obtain both a performance bond and a payment bond, each equal to 100 percent of the contract price. The estimated total construction cost is $8,451,220, and the contract will be awarded to the lowest responsive and responsible bidder. The project is funded through a U.S. Department of Housing and Urban Development Community Development Block Grant for Disaster Recovery (CDBG-DR) in response to Hurricane Ian damage from September 2022. Contractors must comply with federal labor standards including Davis-Bacon Act prevailing wage requirements, Copeland Act anti-kickback provisions, Section 3 worker participation mandates (25 percent of total labor hours), and Minority/Women-Owned Business Enterprise (M/WBE) participation requirements. Liquidated damages are established at $3,813 per day for delays beyond the substantial completion date.
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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
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