Okaloosa County BOCC — September 3, 2013 — reading text

Packet Pg. 775 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. Last Revised – 10/17/2011 Page 30 Packet Pg. 776  PAYMENT 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, and unto all persons, firms, and corporations who or which may furnish labor, or who furnish materials to perform as described under the contract and to their successors and assigns 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 properly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract and any authorized extensions or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and for all labor cost incurred in such WORK, including that by a SUBCONTRACTOR, and to any mechanic or material man lien holder, whether it acquires its lien by operation of State or Federal law, then this obligation shall be void, otherwise to remain in full force and effect. Last Revised – 10/17/2011 Page 31 Packet Pg. 777 PAYMENT BOND PROVIDED, that beneficiaries or claimants hereunder shall be limited to the SUBCONTRACTORS, and persons, firms and corporations having a direct contract with the PRINCIPAL or its SUBCONTRACTORS. 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 no suit or action shall be commenced hereunder by any claimant: (a) unless claimant, other than one having a direct contract with the PRINCIPAL, shall have given written notice to any two of the following: The PRINCIPAL, the OWNER, or the SURETY above named within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the PRINCIPAL, OWNER or SURETY, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer; (b) after expiration of one (1) year following the date of which PRINCIPAL ceased work on said CONTRACT, is being understood, however, that if any limitation embodied in the BOND is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed 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. Last Revised – 10/17/2011 Page 32 Packet Pg. 778 PAYMENT 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. Last Revised – 10/17/2011 Page 33 Packet Pg. 779  CONTRACT This agreement, executed in Crestview, Florida this _____ day of ___________________________ 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 in completing a Design Build Renovation Project, Crestview Courthouse, as per the attached proposal 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 proposal 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