Okaloosa County BOCC — October 16, 2012 — Contract & RFP — reading text

firm is located offer a preference to their local bidders? (If your firm is located in Okaloosa County, you will check “NO.”) If “YES,” list below the extent of such preference. YES NO. Bidder's Company Name Authorized Signature — Manual E-Mail Authorized Signature - Typed BETES Last Revised - 09/17/2012 Page 19 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: fhat (Name of Contractor) (Address of Contractor) a , hereinafter called Principal and (Corporation, Partnership or Individual) (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 - 09/17/2012 Page 20 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 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 SPECIFIC ATIONS. 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. SSS eee Last Revised - 09/17/2012 Page 21 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__. 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. EY Last Revised — 09/17/2012 Page 22 CONTRACT This agreement, executed in Crestview, Florida __ this day of 2012 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 related to providing Beach Concession Services per Bid #54-12 as per the attached proposal 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. This contract will commence upon contract signatures of both parties and will run through September 30, 2015. This contract may be renewed for one additional three (3) year period upon written agreement by both parties. This contract may be cancelled by either party for failure to perform with written thirty (30) day notice. 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. REPRESENTATIVES: The authorized representative of the County shall be: Amy Allen, Okaloosa County Public Works 1759 S. Ferdon Blvd. Crestview FL 32539 850-689-5770 E-Mail: aallen@co.okaloosa.fl.us The authorized representative for shall be: E-Mail: 5 SS Last Revised - 09/17/2012 Page 23 All notices required by this agreement shall be in writing to the representative listed above with a courtesy copy to the following: Jack Allen Contracts & Leases Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, FL 32536 850-689-5960 / 850-689-5998 (FAX) E-Mail: jallen@co.okaloosa.fl.us IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said has hereto fixed his signature, the day and year above written. WITNESS: CONTRACTOR BY TITLE STATE OF FLORIDA COUNTY OF OKALOOSA This contract is accepted this day of 2012 and is effective on the day of 2012. ATTEST: COUNTY OF OKALOOSA, FLORIDA BY Gary Stanford Don R. Amunds, Chairman Deputy Clerk of Court ee Se sss, eee Last Revised - 09/17/2012 Page 24 BID SHEET DATE: PROPOSAL #: BCC 54-12 PROPOSAL ITEM: BEACH CONCESSION SERVICES SUBMITTAL #1 Okaloosa Parks & Accessways: 2"4 Saturday in March - 2"4 Weekend in October Beach chair & umbrella rental @ James Lee Park, Newman C. Brackin (The Boardwalk), John Beasley Park & Marler Park. Operation of small concession Stands @ John Beasley Park & Ross Markler Park only. $ per year SUBMITTAL #2 Okaloosa Parks & Accessways: 24 Saturday in March - 2.4 Weekend in October To include submittal #1 & optional sales & rental. $ per year ANTI-COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. (Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from bid list(s). Bidder's Company Name Authorized Signature — Manual Authorized Signature - Typed Address Title Phone # Fax # Federal ID # or SS # E-mail address ——————— EE eee Last Revised - 09/17/2012 Page 25