Okaloosa County BOCC — December 18, 2012 — reading text

__________________________________________________________________ (Name of Surety) __________________________________________________________________ (Address of Surety) hereinafter called Surety, are held and firmly bound unto __________________________________________________________________ (Name of Owner) __________________________________________________________________ (Address of Owner) hereinafter called OWNER in the total aggregate penal sum of ____________________ _____________________________ Dollars ($ _________________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the __________ day of _______________, 20 _____, a copy of which is hereto attached and made a part hereof for _____________________________________________________________. NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the SURETY and during the one year guaranty period and if the PRINICIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expenses which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. Last Revised – 01/09/2013 Page 29 Packet Pg. 379  8.5.a.a PERFORMANCE BOND PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying same shall in any way affect its Attachment: Request for Bids (1264 : Approval of Bid - Dune Planting Projects (Okaloosa Island & Western Destin)) obligation on this BOND, and does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as so amended. The term “Amendment”, wherever used in this BOND, and whether referring to this BOND, or the CONTRACT DOCUMENTS, shall include any alteration, addition, extension or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiary hereunder. Last Revised – 01/09/2013 Page 30 Packet Pg. 380  8.5.a.a PERFORMANCE BOND IN WITNESS WHEREOF, this instrument is executed in 3 counterparts, each one of which shall be deemed an original, this the _________ day of _____________, 20 ___. Attachment: Request for Bids (1264 : Approval of Bid - Dune Planting Projects (Okaloosa Island & Western Destin)) ATTEST ______________________________ ______________________________ (PRINCIPAL) SECRETARY PRINCIPAL (SEAL) BY: _________________________(S) ______________________________ ______________________________ ADDRESS ______________________________ WITNESS AS TO PRINCIPAL ______________________________ ______________________________ ______________________________ ADDRESS SURETY ATTEST ______________________________ BY: ___________________________ WITNESS TO SURETY ATTORNEY-IN-FACT ______________________________ ______________________________ ______________________________ ______________________________ ADDRESS ADDRESS Note: Date of BOND must not be prior to date of Contract. This bond is given to comply with section 255.05 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), Florida Statutes. If CONTRACTOR is partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Last Revised – 01/09/2013 Page 31 Packet Pg. 381  8.5.a.a REFERENCE DATA SHEET Attachment: Request for Bids (1264 : Approval of Bid - Dune Planting Projects (Okaloosa Island & Western Destin)) Refer to Bid Specification NAME OF OWNER ________________________________________________ ADDRESS ________________________________________________ PHONE NUMBER ________________________________________________ PERSON TO CONTACT ________________________________________________ NAME OF OWNER ________________________________________________ ADDRESS ________________________________________________ PHONE NUMBER ________________________________________________ PERSON TO CONTACT ________________________________________________ NAME OF OWNER ________________________________________________ ADDRESS ________________________________________________ PHONE NUMBER ________________________________________________ PERSON TO CONTACT ________________________________________________ NAME OF OWNER ________________________________________________ ADDRESS ________________________________________________ PHONE NUMBER ________________________________________________ PERSON TO CONTACT ________________________________________________ NAME OF OWNER ________________________________________________ ADDRESS ________________________________________________ PHONE NUMBER ________________________________________________ PERSON TO CONTACT ________________________________________________ Last Revised – 01/09/2013 Page 32 Packet Pg. 382  8.5.a.a CONTRACT This agreement, executed in Crestview, Florida this _____ day of Attachment: Request for Bids (1264 : Approval of Bid - Dune Planting Projects (Okaloosa Island & Western Destin)) ___________________________ 2013 between the County of Okaloosa, Florida, the Owner, hereinafter called the Party of the First Part, and ______________________________ or its successors, executors, administrators and assigns, hereinafter called the Party of the Second Part. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by the Party of the First Part, the Party of the Second Part agrees to furnish all equipment, machinery, tools and labor; to furnish and deliver all materials required to be furnished and delivered in and about the improvement and to do and perform all work regarding Installation of the West Destin Dune Vegetation Project & Okaloosa Island Dune Flora Restoration & Beach Accessway Management Project/Unit Price Contract as Per Bid #SW 08-13 for an approximate total price of $ in strict conformity with the provisions of this Contract, the Notice to Contractors, the Specifications and the Plans approved by the Owner. The said Plans, Specifications, the Notice to Contractors, and the Proposal are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth at length in the body of this agreement. As security for the full and faithful performance of this contract and all the incidents thereto, the Party of the Second Part had made and furnished a Contract Bond with as Surety (as required per the bid package), which is accepted by Parties of the First Part and made a part of this contract. In consideration of the foregoing promises, the Party of the First Part agrees to pay to the Party of the Second Part such unit prices for the work actually done as are set out in the accompanying proposal in the manner provided in the said Specifications. The Contractor shall be prepared to begin work to be performed under the contract as he set forth in his proposal, but will not proceed until he receives official notice to begin his work. REPRESENTATIVES: The authorized representative of the County shall be: JIM TRIFILIO OKALOOSA COUNTY TOURISM DEPT. 1540 MIRACLE STRIP PKWY, S. E. FT. WALTON BEACH FL 32549 850-651-7131 E-MAIL: Jtrifilio@co.okaloosa.fl.us The authorized representative for shall be: