Other_Contract_Forms.pdf

OTHER

CONTRACT

FORMS

EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee.

PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

CONTRACT

Effective Date of Agreement:

Amount:

Description (Name and Location):

BOND

Bond Number:

Date (Not earlier than Effective Date of Agreement):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Provide execution by additional parties, such as joint venturers, if necessary.

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference.

1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1.

2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner’s right, if any, subsequently to declare a Contractor Default; and

2.2 Owner has declared a Contractor Default and formally terminated Contractor’s right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and

2.3 Owner has agreed to pay the Balance of the Contract Price to:

1. Surety in accordance with the terms of the Contract; or

2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense, take one of the following actions:

3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or

3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or

3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons therefor.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;

5.2 Additional legal, design professional, and delay costs resulting from Contractor’s Default, and resulting from the actions of or failure to act of Surety under Paragraph 3;

and

5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor.

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors.

7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations.

8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page.

10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

11. Definitions.

11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof.

FOR INFORMATION ONLY – (Name, Address and Telephone) Surety Agency or Broker:

Owner’s Representative (Engineer or other party):

Public Work F.S. Chapter 255.05 (1)(a) Cover Page

THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23

FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS

BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME

LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES.

BOND NO:

CONTRACTOR NAME:

CONTRACTOR ADDRESS:

CONTRACTOR PHONE NO:

SURETY COMPANY:

OWNER NAME:

OWNER ADDRESS:

OWNER PHONE NO.:

OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity)

OBLIGEE ADDRESS:

OBLIGEE PHONE NO.:

BOND AMOUNT:

CONTRACT NO.: (If applicable)

DESCRIPTION OF WORK:

PROJECT LOCATION:

LEGAL DESCRIPTION:

(If applicable)

FRONT PAGE

All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed therein.

EJCDC C-615 Payment Bond

PAYMENT BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

CONTRACT

Effective Date of Agreement:

Amount:

Description (Name and Location):

BOND

Bond Number:

Date (Not earlier than Effective Date of Agreement):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Provide execution by additional parties, such as joint venturers, if necessary.

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph

12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due.

4. Surety shall have no obligation to Claimants under this Bond until:

4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2 Claimants who do not have a direct contract with Contractor:

1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance.

6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety’s expense take the following actions:

6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2 Pay or arrange for payment of any undisputed amounts.

7. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety.

8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner’s priority to use the funds for the completion of the Work.

9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. Definitions

15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay

Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof.

FOR INFORMATION ONLY – (Name, Address, and Telephone) Surety Agency or Broker:

Owner’s Representative (Engineer or other):

WMI FY2025 SOUTH OF MHS CONTRACTOR’S RELEASE

NOVEMBER 2024

CONTRACTOR’S RELEASE OF LIEN

Before me, the undersigned authority, appeared____________________________, who, being first duly sworn and deposed, says that he is _____________________________ of____________________________, a corporation authorized to do business under the Laws of the State of______________, which is the Contractor on Project No. __________________________, under a contract with the City of Bradenton _________________________, that the said deponent is duly authorized to make this affidavit, that deponent knows of his own knowledge that said contract has been complied with in every particular by said Contractor and that all parts of the work have been approved by Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as Contractor or any one in connection with the Work done and materials furnished or otherwise under said contract.

Deponent further says that the final estimate which has been submitted to simultaneously with the making of this affidavit constitutes all claims and demands against on account of said contract or otherwise, and that acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of from any further claims, demands, or compensation by the Contractor under the above contract.

Deponent further agrees that all guarantees under this contract shall start and be in full force from the date of this release as spelled out in the contract documents.

(Contractor’s Officer)

WMI FY2025 SOUTH OF MHS CONTRACTOR’S RELEASE

STATE OF FLORIDA

COUNTY OF

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this day of _____, 20 , by _______________________________________who is _______ Personally Known OR ________ Produced Identification, Type of Identification Produced

Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public)

(Seal) Commission Expires: ______________________

(Seal)

WMI FY2025 SOUTH OF MHS SURETY’S RELEASE

SURETY’S RELEASE FOR FINAL PAYMENT

CONTRACTOR: CONTRACT:

We, the , having therefore executed a performance bond for the above-named contractor covering the project and section as described above in the sum of _________________________________________________, ( ), hereby agree that may make full payment of the final estimate, including the retained percentage, to said contractor.

It is fully understood that the granting of the right to _______________________________ to make payment of the final estimate to said contractor and/or his assignee, shall in no wise relieve this surety company of its obligations under its bond, as set forth in the specifications, contract, and bond pertaining to the above project.

IN WITNESS WHEREOF, the _____________________________________________ has caused this instrument to be executed on its behalf by its______________________ and/or its duly authorized attorney in fact, and its corporate seal to be hereunto affixed, all on this day of A.D. 20 .

Surety Company

By: _____________________________________ (Power of Attorney must be attached if executed by attorney in fact)

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of _______, 20___, by _____________________________, the ____________________________________ of ______________________________________, a (state or place of incorporation) corporation, on behalf of the ____________________________. He/she is personally known to me or has produced (type of identification) as identification.

(Signature of person taking acknowledgment) (Name typed, printed or stamped)

(Title or rank) (Serial number, if any)

(Seal)

My Commission Expires ___________________

MES S2S CERTIFICATE OF SUBSTANTIAL COMPLETION

APRIL 2023

CERTIFICATE OF SUBSTANTIAL

COMPLETION

Project: Manatee High School Safety Improvements (North)

Owner: City of Bradenton Owner's Contract No.:

Contract: FDOT Project No.: 444273-1-58-01

This definitive Certificate of Substantial Completion applies to:

All Work under the Contract Documents:

Date of Substantial Completion

The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below.

A definitive list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.

The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows:

Amended Responsibilities Not Amended

Owner's Amended Responsibilities:

Contractor's Amended Responsibilities:

MES S2S CONTRACTOR’S APPLICATION FOR PAYMENT

Contractor's Application for Payment No.

TOTALS

NET CHANGE BY

CHANGE ORDERS

Application For Payment

Change Order Summary

1. ORIGINAL CONTRACT PRICE............................................................ $

2. Net change by Change Orders................................................................... $

3. Current Contract Price (Line 1 ± 2)......................................................... $

4. TOTAL COMPLETED AND STORED TO DATE

(Column F on Progress Estimate)............................................................. $

5. RETAINAGE:

a. X Work Completed.......... $

b. X Stored Material............ $

c. Total Retainage (Line 5a + Line 5b)................................ $ 6.

AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c).............................. $

7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)........ $

8. AMOUNT DUE THIS APPLICATION................................................... $

9. BALANCE TO FINISH, PLUS RETAINAGE

(Column G on Progress Estimate + Line 5 above)................................... $

Payment of: $

(Line 8 or other - attach explanation of the other amount) is recommended by:

(Engineer) (Date)

Payment of: $

(Line 8 or other - attach explanation of the other amount) is approved by:

(Owner) (Date)

Approved by:

Funding Agency (if applicable) (Date)

Endorsed by the Construction Specifications Institute.

Application

Period:

Application Date:

To

(Owner):

From (Contractor): Via (Engineer):

Project: Contract:

Owner's Contract No.: Contractor's Project No.: Engineer's Project No.:

Approved Change Orders

Number Additions Deductions

Contractor's Certification

The undersigned Contractor certifies that to the best of its knowledge: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and

(3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.

By: Date:

Progress Estimate - Lump Sum Work Contractor's Application For (Contract): Application Number:

Application Period: Application Date:

Work Completed E F G

A B C D Materials Presently Stored (not in C or D)

Total Completed and Stored to Date

(C + D + E)

(F / B)

Balance to Finish (B - F) Specification

Section No. Description Scheduled Value ($) From Previous Application (C+D) This Period

Totals

Progress Estimate - Unit Price Work Contractor's Application For (Contract): Application Number:

Application Period: Application Date:

A B C D E F G H

Item

Bid Item Quantity

Bid Item Unit Unit Price Bid Item

Value ($)

Estimated Quantity Installed Previous Period

Estimated Quantity Installed This Period Value of Work

Installed to Date Materials Presently Stored (not in C)

Total Completed and Stored to Date

(D + E)

(F / B) Balance to Finish

(B - F) Bid Item No.

Description

Quantity Amount Quantity Amount

Stored Material Summary Contractor's Application For (Contract): Application Number:

Application Period: Application Date:

A B C D E Subtotal Amount Completed and Stored to Date

(D + E)

F G

Bid Item No.

Supplier Invoice No.

Submittal No.

(with

Specification Section No.)

Storage Location Description of Materials or Equipment Stored

Stored Previously Amount Stored this Month ($)

Incorporated in Work Materials Remaining in Storage ($) (D + E - F)

Date Placed into Storage (Month/Year)

Amount

Date (Month/ Year)

Amount