Okaloosa County BOCC — September 3, 2013 — reading text

AUTHORIZED SIGNATURE ________________________________ TITLE Last Revised – 10/18/2013 Page 24 Packet Pg. 769  NOTICE TO PROCEED DATE: ________________ TO: PROJECT: ________________________________________________________ You are hereby notified to commence WORK in accordance with the Agreement dated _____________________, 2013, on or before _____________________, and you are to complete the WORK within __________________________________. The date of completion of all WORK is therefore _____________________________. You are required to return an acknowledged copy of this NOTICE TO PROCEED to the OWNER: Okaloosa County Purchasing, 602-C North Pearl St, Crestview, FL 32536. OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS OWNER BY: _____________________________ Richard L. Brannon TITLE: Purchasing Director ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged. ____________________________________ Company Name This the ________ day of _________________, 2013 ____________________________________ Signature By: _________________________________ Type or Print Name Title: ________________________________ Last Revised – 10/18/2013 Page 25 Packet Pg. 770  NOTICE OF AWARD TO: PROJECT DESCRIPTION: The OWNER has considered the PROPOSAL submitted by you for the above-described WORK in response to its Advertisement for Proposals dated __________________ and Information for Proposers. You are hereby notified that your PROPOSAL has been accepted for items in the amounts of $_________________. You are required by the Instructions to Proposers to execute the Agreement and furnish the required CONTRACTOR’S Performance Bond, Payment Bond, and Certificates of Insurance within fifteen (15) calendar days from the date of this notice to you. If you fail to execute said Agreement and to furnish said bonds within fifteen (15) calendar days from the date of this notice, said OWNER will be entitled to consider all your rights arising out of the OWNER’s acceptance of your PROPOSAL as abandoned and as a forfeiture of your PROPOSAL Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER: Okaloosa County Purchasing, 602-C North Pearl St., Crestview, FL 32536. If you have any questions, please call Jack Allen at 850-689-5960. Dated this ____ day of ____________, 2013. OWNER – OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS BY: _________________________ TITLE Purchasing Director Richard L Brannon ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged. BY: ___________________________________________________ This the ________ day of ___________________, 2013. BY: ___________________________________________________ Title: __________________________________________________ Last Revised – 10/18/2013 Page 26 Packet Pg. 771  PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned __________________________________________________________________ as Principal, and ______________________________________________________ as Surety, are hereby held firmly bound unto __________________________________ as Owner in the penal sum of _____________________________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. SIGNED this ________ day of ____________________, 20____. The condition of the above obligation is such that whereas the Principal has submitted to ___________________________________________________________ a certain Proposal attached hereto and hereby made a part hereof to enter into a contract in writing, for the _________________________________________________________. NOW, THEREFORE, (a) If said Proposal shall be rejected, or in the alternate, (b) If said Proposal shall be accepted and the Principal shall execute and deliver a contract in the form of Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Proposal, then this obligation shall be void, otherwise the same shall remain in force and effect; 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 amount of this obligation as herein stated. (c) 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 an extension of the time within which the Owner may accept such Proposal; and said Surety does hereby waive notice of any such extension. Last Revised – 10/18/2013 Page 27 Packet Pg. 772  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 the proper officer, the day and year first set forth above. ___________________________ L.S. Principal ___________________________ Surety BY: ________________________ SEAL: 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 10/23/2013 Page 27 Packet Pg. 773  PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that __________________________________________________________________ (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 – 10/17/2011 Page 28 Packet Pg. 774 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 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 – 10/17/2011 Page 29