SECTION_00_43_13_Proposal_Guaranty.docx

DOCX document 16 KB Posted

Attached to
Heintzelman Blvd. Pavement Rehabilitation & Related Improvements (Design Build Services BP-00510)
Solicitation number
25-542-RFSQ
Issued by
Orange County, Orlando City, Florida

About this file

This is a Proposal Guaranty document issued by the Greater Orlando Aviation Authority for the South Park Overflow Parking Improvements (Design-Build) project, identified as BP-00502 at Orlando International Airport. The document establishes the bonding requirements for contractors submitting proposals in response to this solicitation. The guaranty binds the principal contractor and surety jointly and severally to the Owner in a specified penal sum, with the obligation becoming void upon successful execution of the contract, delivery of required performance and payment bonds, provision of satisfactory insurance evidence, and fulfillment of all proposal obligations within ten days of the Notice of Award. The Guarantee Period extends from the proposal opening date until Notice of Award is issued, with any extension requiring written consent from the Surety.

The Proposal Guaranty specifies that liability of the Surety shall not exceed the stated penal sum and that extensions of time for Notice of Award or contract execution will not impair the Surety's obligations, provided written consent is obtained for extensions beyond the initial Guarantee Period. Both the Principal and Surety must execute the document with proper seals and signatures; if either party is a corporation, certified copies of Powers of Attorney must be attached, including documentation appointing a Florida-licensed agent for the Surety. The document serves as a financial guarantee ensuring bidder commitment and damages compensation should the selected contractor fail to execute the contract or meet specified obligations.

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Text version

SECTION 00 43 13 - PROPOSAL GUARANTY

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned ______________________ __________________________________________, as Principal, and __________________________ _______________________________________, as Surety, are held and firmly bound unto the Greater Orlando Aviation Authority (herein "Owner"), in the penal sum of _______________________________ _______________________________________ DOLLARS ($________________________________) for the payment of which, well and truly to be made we hereby jointly and severally bind ourselves, our successors and assigns.

SIGNED THIS _______ DAY OF ______________________, _________.

The condition of the above obligation is such that whereas the Principal has submitted to the Owner a certain Proposal, attached hereto and made a part hereof, to enter into a contract in writing for BP-00502, South Park Overflow Parking Improvements (D/B), Orlando International Airport.

NOW, THEREFORE, if said Proposal shall be rejected; or if the Guarantee Period, as defined in the Solicitation, expires from the time and date fixed for opening of Proposals before Notice of Award is given to Principal; or if Notice of Award is given to the Principal, the Principal shall, within ten (10) days of the date of the Notice of Award; execute and deliver a contract in the form of Contract Agreement contained in the Contract Documents, properly completed in accordance with the Solicitation; and shall furnish a Performance Bond for its faithful performance of the Contract, and a Payment Bond for the payment of all persons performing labor or furnishing materials or supplies in connection therewith, in the forms contained in the Contract Documents; and shall provide satisfactory evidence of all required insurance coverage; and shall provide evidence satisfactory to the Owner of the authority of the person or persons executing the Contract and all other documents on its behalf; and shall provide the statements, certifications and data relating to Business Opportunity and Exchange Programs identified in the Solicitation; and shall in all other respects perform its obligations pursuant to the terms of the Proposal;

then this obligation shall be void, otherwise the same shall be forfeited to the Owner, not as a penalty, but in liquidation of and compensation for damages; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the Penal Sum of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the Owner may provide Notice of Award or within which the Principal or the Owner may execute, deliver, furnish, provide or perform its obligations and the Surety does hereby waive notice of any such extensions, provided, however, the Guarantee Period may be extended when the written consent of the Surety is obtained.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, on the day and year first set forth above.

Signed, sealed and delivered in the presence of: Principal

By:

Name and Title

(SEAL)

Surety

By:

Name and Title

(SEAL) Agency

Address

(Countersignature by a Florida Licensed Agent)

Name and Title

Agency

Address

NOTE: If Principal or Surety are corporations, the respective corporate seals should be affixed. Additionally, a certified copy of a Power‑of‑Attorney appointing the individual Attorney‑in‑Fact for the Surety, as well as the Power-of-Attorney appointing the Florida licensed agent, should be attached.

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