State of Florida
FLORIDA BOARD OF REGENTS
Florida Education Center
Tallahassee, Florida 32399-1950
PAYMENT BOND
(FOR LABOR AND MATERIALS)
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER
CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT AS PROVIDED BY
SECTION 255.05,F.S.
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address of Contractor)
as Principal, hereinafter called Contractor and, (Here insert full name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto the Florida Board of Regents, of the State of Florida,
hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here insert a sum equal
to the Contract Sum) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS:
Contractor has by written agreement dated
(Here insert name of project)
, 20
, entered into a contract with Owner for construction of
in accordance with Drawings and Specifications prepared by (Here insert full name and address of Architect/Engineer)
which Owner-Contractor Agreement is by reference made a part hereof, and is hereinafter referred to as the Agreement.
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Page 71 of 96 Pages
October 16, 1989
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THE CONDITIONS OF THIS BOND are such that:
1.
If Contractor shall promptly make all payments owing when due to all persons who are defined in Section 713.01,
Florida Statutes, whose claims derive directly or indirectly from the prosecution of the Work provided for in the Agreement, then
this bond is void; otherwise, it remains in full force and effect.
2. Each said claimant shall have a right of action against the Contractor and Surety for the amount due the claimant. No
such action shall subject the Owner to any cost, expense, loss or damage, and Contractor shall promptly pay Owner for the full
measure of all cost, expense, loss, damage, and attorney’s fees sustained by Owner as a result of any default by Contractor
under the Agreement.
3. A claimant, except a laborer, who is not in privity with the Contractor and who has not yet received payment for his labor,
materials, equipment or supplies shall, within forty five (45) days after beginning to furnish labor, materials, equipment or
supplies for the prosecution of the Work, furnish the Contractor with a notice that the claimant intends to look to the bond for
protection. A claimant who is not in privity with the Contractor and who has not received payment for labor, materials, equipment
or supplies shall, within ninety (90) days after completing performance of the labor or after completing delivery of the materials,
equipment or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the
materials, equipment or supplies and of the nonpayment. No action for the labor, materials, equipment or supplies may be
instituted against the Contractor or the Surety after one year from the date performance of the labor is completed or delivery of
the materials, equipment or supplies is completed.
4. An action against the Surety or the Contractor, or both, may be brought in the county in which the public building or public
work is being constructed or repaired or in any other place authorized by the provisions of Chapter 47, Florida Statutes.
5. The amount of this bond shall be changed only to the extent that the Contract Sum is changed in accord with applicable
provisions of the Contract For Construction.
6. Neither any change in or under the Contract Documents, nor any compliance or noncompliance with any formalities
provided in the Agreement or the change shall relieve the Surety of its obligations under this Bond.
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Page 72 of 96 Pages
October 16, 1989
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SIGNED AND SEALED THIS
DATE OF
, 20_____
(Contractor)
(Seal)
________________________________
(Witness)
By:______________________________
_
(name & title)
(Surety)
(Seal)
_________________________________
(Witness)
By: ______________________________
(Resident Agent as Attorney in Fact)
________________________________
(address)
(Power of Attorney attached hereto)
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Page 73 of 96 Pages
October 16, 1989
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State of Florida
FLORIDA BOARD OF REGENTS
Florida Education Center
Tallahassee, Florida 32399-1950
PERFORMANCE BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND (FOR LABOR & MATERIALS) IN FAVOR OF THE OWNER
CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT AS PROVIDED BY SECTION 255.05, F.S.
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address of Contractor)
as Principal, hereinafter called Contractor, and (Here insert full name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto the Board of Regents, of the State of Florida hereinafter called
Owner, in the amount of (Here insert a sum equal to the Contract Sum) for the payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS,
Contractor has by written agreement dated ________________ 20___, entered into a contract with Owner for construction of (Here
insert name of Project.)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address of Architect/Engineer)
which Owner-Contractor Agreement is by reference made a part hereof, and is hereinafter referred to as the Agreement.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Agreement, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
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The Surety hereby waives notice of any alternation or extension of time made by the Owner.
Whenever Contractor is in default under the Agreement, and the Owner has performed its obligations thereunder,
the Surety shall promptly remedy the default, in accordance with Section 255.05, Florida Statues, or shall promptly obtain a bid or bids
for completing the Agreement in accordance with its terms and conditions, and arrange for a contract between such bidder and the
Surety, and pay as work progresses (even though there should be a default or a succession of defaults under the contract or contracts
of completion arranged under this paragraph) the cost of completion less the balance of the Contract Sum; but not exceeding,
including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.
The term “balance of the Contract Sum”, as used in this paragraph, shall mean the total amount payable by Owner to Contractor
under the Agreement and any amendments thereto, less the amount properly paid by Owner to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner
named herein or the heirs, executors, administrator or successors or the Owner.
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Page 75 of 96 Pages
October 16, 1989
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SIGNED AND SEALED THIS _______________________________ DAY OF ____________________, 20 __
_____________________________________
(Contractor)
(Seal)
__________________________________
(Witness)
By: _____________________________________
_________________________________________
(name & title)
__________________________________
(Witness)
By:______________________________________
_______
(Resident Agent as Attorney in Fact)
_____
________________________________________
(Address)
(Power of Attorney attached hereto)
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Page 76 of 96 Pages
October 16, 1989
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STATE OF
FLORIDA
BOARD OF REGENTS
OWNER-CONTRACTOR AGREEMENT
FOR CONSTRUCTION OF
STATE PROJECT NO. BR_____________________
(Name and Location)
___________________
(Contractor)
____________________
(Architect/Engineer)
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Page 77 of 96 Pages
October 16, 1989
STATE OF FLORIDA BOARD OF REGENTS
OWNER-CONTRACTOR AGREEMENT
THIS AGREEMENT
made this _______ day of ________, 20 ____, by and between the State of Florida, Board of Regents, hereinafter called the Owner
and ____________________________________________________________________________________________________
Federal I.D. No._____________, hereinafter called the Contractor.
The Owner and the Contractor agree as set forth below.
ARTICLE 1.
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary, Special and other
Conditions), the Drawings, the Specifications, and all Addenda issued prior to execution of this Agreement and all Modifications issued
subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated
herein. An enumeration of the Contract Documents appears in Article 8 of this Agreement.
If any portion of the Contract Documents is in conflict with any other portion, the various documents comprising the Contract
Documents shall govern in the following order of precedence: The Owner-Contractor Agreement; Modifications; Addenda; any Special
Conditions; Supplementary Conditions; the General Conditions; the Specifications; the Drawings; as between schedules and
information given on Drawings, the schedules shall govern; as between figures given on Drawings and the scaled measurements, the
figures shall govern; as between large-scale Drawings and small-scale Drawings, the larger scale shall govern.
ARTICLE 2.
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
(Project name and location)
BRARTICLE 3.
THE ARCHITECT/ENGINEER
The Architect/Engineer for this project is:
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Page 78 of 96 Pages
October 16, 1989
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ARTICLE 4.
TIME OF COMMENCEMENT AND COMPLETION
4.1
The Work to be performed under this contract shall be commenced within ten (10) calendar days after the date indicated on
the Notice to Proceed, shall be substantially completed within _______ calendar days after the date indicated on the Notice
to Proceed, and shall be finally completed within thirty (30) calendar days after the date of Substantial Completion or within
such other time as identified on the Certificate of Substantial Completion.
4.2
Liquidated Damages for Failure-to Complete on Time
Inasmuch as failure to complete the project within the time fixed in Article 4.1 hereof will result in substantial injury to the
Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that
if the Work is not substantially completed, according to the definition of “Substantial Completion” in Article 8.4 hereof, or
within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract
Documents, the Contractor shall pay to the Owner as liquidated damages for such delay, and not as a penalty,
___________ for each and every calendar day elapsing between the date fixed for Substantial Completion in Article 4.1
hereof and the date such Substantial Completion shall have been fully accomplished. Said liquidated damages shall be
payable in addition to any excess expenses or costs payable by the Contractor to the Owner under the provisions of article
14 of the General Conditions, and shall not preclude the recovery of damages by the Owner under other provisions of the
Contract Documents, except for Contractor’s delays.
This provision for liquidated damages for delay shall in no manner affect the Owner’s right to terminate the Contract as
provided in Article 14 of the General Conditions or elsewhere in the Contract Documents. The Owner’s exercise of the right
to terminate shall not release the Contractor from the obligation to pay said liquidated damages in the amount set out in this
Article 4.2.
It is further agreed that the Owner may deduct from the balance retained by the Owner under the provisions of Article 6.3.1
hereof the liquidated damages stipulated herein or in Article 4.3 as the case may be, or such portion thereof as the retained
balance will cover.
4.3
Liquidated Damages When Owner Terminates Contract
The Owner is entitled to completion of the project within the time fixed in Article 4.1 hereof or within such further time, if any,
as may be allowed in accordance with the provisions of the Contract. In the event of termination of the Contract by Owner
prior to completion as provided in Paragraph 14.2 of the General Conditions or elsewhere in the Contract Documents, the
Contractor shall be liable to the Owner for the expenses for additional managerial and administrative services provided in
said Article 14 and also for the per diem liquated damages agreed upon in Article 4.2 hereof:
.1
for each day the Contractor is in arrears in the Work at the time of said termination as determined by the
Architect/Engineer, and
.2
for each day of thirty (30) additional calendar days hereby stipulated and agreed to be the time it will require the
Surety to effect another contract for completion of the Work, including resumption of Work thereon,
Provided, however, that the sum of 4.3.1 and 4.3.2 shall not exceed the number of days beyond the original agreed
completion date, or any extension thereof as herein provided, reasonably required for completion of the Work.
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October 16, 1989
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ARTICLE 5.
CONTRACT SUM
The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order or
Construction Change Directive as provided in the Conditions of the Contract, the Contract Sum of
ARTICLE 6.
PAYMENTS OF CONTRACT SUM
6.1
Indemnification Rider
Upon receipt of the Notice to Proceed the Contractor shall begin providing the indemnification described in
Paragraph 3.18 of the General Conditions. The Contractor shall include the Ten Dollars for provision of the
indemnification on the Schedule of Values accompanying the first application for payment.
6.2
Progress Payments
Based upon Applications for Payment submitted to the Architect/Engineer by the Contractor and Certificates of
Payment issued by the Architect/Engineer and approved by the Owner, the Owner shall make progress payments
to the Contractor against the account of the Contract Sum, as provided in the Conditions of the Contract in
accordance with the following:
6.2.1
G
Within thirty (30) days from the Owner’s receipt of any Application for Payment submitted by the Contractor, the
Owner shall pay or cause to be paid to the Contractor that portion of the Contract Sum previously unpaid,
properly allocable to labor, materials and equipment already incorporated in Work that has been satisfactorily
performed in accordance with the requirements of the Contract Documents, as determined by the
Architect/Engineer, together with that portion of the Contract Sum properly allocable to materials and equipment
suitably stored by the last day of the preceding calendar month at the Project site or at some other locations(s)
mutually agreed upon in writing by the parties, as determined by the Architect/Engineer.
.1
The Contractor shall pay each Subcontractor, within seven days receipt of payment from the Owner out
of the amount paid to the Contractor on account of such Subcontractor’s work, the amount to which
said Subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the
Contractor on account of such Subcontractor’s work.
.2
The Architect/Engineer may, at the Architect/Engineer’s discretion, furnish to a Subcontractor, if
practicable, information regarding the percentages of completion of the amounts applied for by the
Contractor and the action taken thereon by the Architect/Engineer on account of Work done by such
Subcontractor.
.3
Neither the Owner nor the Architect/Engineer shall have any obligation to pay or to see to the payment
of any moneys to any Subcontractor except as may otherwise be required by law.
.4
No Certificate for progress payment, nor any progress payment, nor any partial or entire use of
occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance
with the Contract Documents.
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October 16, 1989
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6.2.2
As provide Section 215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed by the Owner
within 40 days after receipt of the invoice and receipt, inspection and approval of the services, the Owner shall
pay to the Contractor, in addition to the amount of the invoice, interest at a rate of one percent per month or
portion thereof on the unpaid balance from the expiration of such 40-day period until such time as the warrant is
mailed to the Contractor. These provisions apply only to undisputed amounts for which payment has been
authorized.
6.3
PAYMENTS WITHHELD
6.3.1
With the exception of Work which may be exempted from this requirement by a provision in the Special or
Supplementary Conditions in the Project Manual, retainage shall by withheld from each monthly payment
request, in an amount not to exceed 10% of the request, until 50% of construction payments are made. After the
Work is considered to be 50% complete, retainage not to exceed 10% of the request, may or may not be withheld
at the discretion of the Architect/Engineer.
6.3.1.1
If securities are substituted in lieu of retainage as permitted by Section 255.052, Florida Statutes, the securities
must be free of all encumbrances, enabling the Owner to use those securities as it would retainage, and the
Contractor must assign all its rights to the securities to the Owner.
6.3.2
The Architect/Engineer may decline to certify payment or, because of subsequently discovered evidence or
subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued, to
such extent as may be necessary, in the Architect/Engineer’s opinion, to protect the Owner from loss because of:
.1
.2
.3
.4
.5
.6
defective work not remedied,
third party claims filed or reasonable evidence indicating probable filing of such
claims,
reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum,
damage to the Owner or another contractor,
reasonable evidence that the Work will not be completed within the Contract Time,
or
persistent failure to carry out the Work in accordance with the Contract
Documents.
When the above grounds in Subparagraph 6.3.2 are removed, payment shall be made for the amount withheld because of them.
ARTICLE 7.
FINAL PAYMENT
Within forty (40) days from the date of Contract Completion the Owner shall pay or cause to be paid to the Contractor, the entire
unpaid balance of the Contract Sum, less the amount of any sums which continue to be retained to satisfy the cost of performing any
change in the Work which is the subject of any claim or dispute and which has not yet been satisfactorily performed by the Contractor,
and less any amount being withheld for liquidated damages, provided that the parties have not otherwise stipulated in the Certificate
of Substantial Completion, and provided further that the Work has been satisfactorily completed, the Contractor’s obligations under
the Contract have been fully performed, and a final Certificate for Payment has been issued by the Architect/Engineer.
ARTICLE 8.
MISCELLANEOUS PROVISIONS
8.1
Terms used in the Agreement which are defined in the Conditions of the Contract shall have the meaning
designated in those Conditions.
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October 16, 1989
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8.2
The Contract Documents, which constitute the entire Contract between the Owner and Contractor, are listed in
Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
8.3
As required by Section 287.058, Florida Statutes, this Contract may be unilaterally cancelled by the Owner for
refusal by the Contractor to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119 and made or received by the Contractor in conjunction with the Contract.
8.4
The Date of Substantial Completion of the Work or designated portion thereof is the date certified by the
Architect/Engineer when construction is sufficiently complete, in accordance with the Contract Documents, so the
Owner can occupy or utilize the Work or designated portion therefore for the use for which it is intended.
The term “Substantial Completion” shall not mean the inclusion of such minor alterations and patching as the final
inspection shall disclose.
8.5
Claims
8.5.1
Under this Contract the Contractor shall not have the right to compensation to satisfy any claim for costs,
liabilities, or debts of any kind whatever from any act or omission attributable to the Owner unless the Contractor
has provided notice to the Architect/Engineer and the Owner within 21 days of the event giving rise to the claim(s)
as required by Article 4 of the General Conditions of the Contract and unless the detailed claim therefore is
delivered to the Architect/Engineer and the Owner within 30 days following the notice. The detailed claim shall
include:
.1
The date of the occurrence of the event giving rise to the claim and the date and manner of the
Contractor’s compliance with the notice requirements of Article 4 of the General Conditions of the
Contract.
.2
The reasons upon which the Contractor bases the claim, demonstrating thereby that the costs,
liabilities or debts reflected in the claim are not already a part of the Contract and the Contractor’s
compensation under the Contract; and that specific relief is due the Contractor for the claim.
8.5.2
The Architect/Engineer shall make a recommendation to the Owner within the time from provided in Paragraph
4.4 of the General Conditions after receipt of a claim. Copies of the Architect/Engineer’s recommendation will be
presented to the Contractor as well as the Owner. Unless the Architect/Engineer’s recommendation is accepted
by the Contractor, the Owner, the Architect/Engineer and the Contractor shall attempt to resolve the claim by
following the procedures set forth in Article 4 of the General Conditions.
8.5.3
The Contractor shall carry on the Work and maintain the progress schedule during any administrative hearing or
judicial proceeding unless otherwise agreed by the Contractor and the Owner in writing, and the Owner shall
continue to make payments to the Contractor in accordance with the Contract Documents.
8.6
HARMONY
8.6.1
The Contractor shall exert every reasonable and diligent effort to assure that all labor employed by the Contractor
and the Subcontractors for Work on the Project shall work in harmony with and be compatible with all other labor
being used on the site of the Project, representatives of the Architect/Engineer, and the Owner.
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October 16, 1989
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8.6.2
Contractor further agrees that this provision will be included in all subcontracts of the Subcontractor as well as in
Contractor’s own contract; provided, however, that this provision shall not be interpreted or enforced so as to
deny or abridge, on account of membership or non-membership in any labor union or labor organization, the right
of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution.
8.7
Assignment of Antitrust Claims
8.7.1
The Contractor agrees that, after completion of all Work under this Contract and all amendments thereto and
prior to final payment, the Contractor will execute and deliver to the Owner an Assignment of Antitrust Claims in
the following form: (See Section H of the Project Manual)
8.7.2
The Contractor also agrees the prior to final payment, the Contractor will cause each of the suppliers and
Subcontractors who have furnished services, goods or materials in connection with the performance of this
Contract to execute and deliver to the Owner an Assignment of Antitrust Claims in the same form as specified in
8.7.1 hereinabove.
8.8
As required by Section 287.133, Florida Statutes, the Contractor warrants that it is not on the convicted vendor
list for a public entity crime committed within the past 36 months. The Contractor further warrants that it will
neither utilize the services of, nor contract with, any supplier, subcontractor, or consultant in excess of $25,000.00
in connection with this Project for a period of 36 months from the date of their being placed on the convicted
vendor list.
ARTICLE 9.
CERTIFICATE OF CONTRACT COMPLETION
The Contractor’s application for final payment shall be accompanied by a completed and notarized “Certificate of
Contract Completion”.
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October 16, 1989, February 13, 1996 (Rev.)
Rev. March 27, 2000
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IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date first written above.
**********CONTRACTOR**********
Attest:
By:_____________________________________
Title:
(Name, Title and Corporate Seal)
Date:
_______
As Witnessed by:
_________________________________________
**********FLORIDA BOARD OF REGENTS**********
OWNER
FLORIDA BOARD OF REGENTS
By: _____________________________________
As Witnessed By:
Date:
_______________
APPROVED AS TO FORM AND LEGALITY
General Counsel
By: ______________________________________
Date: _____________________________
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Page 84 of 96 Pages
October 16, 1989
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FLORIDA BOARD OF REGENTS
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT NO: ______________________
DATE:________________________________
The Work, or portion of the Work identified on an attachment hereto, performed under the Contract dated
between BOARD OF REGENTS, STATE OF FLORIDA, Owner, and
____________________________________________________
Contractor,
for
the
construction
of
_______________________________________was inspected and found to be substantially completed as of
_____________________________.
The Date of Substantial Completion of the Work or designated portion thereof is the date certified by the Architect/Engineer when
construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or
designated portion thereof for the use for which it was intended.
A list of items to be completed or corrected is appended hereto. This list may not be exhaustive and the failure to include an item on it
does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents, including
authorized changes thereto.
The Contractor shall complete or correct the Work on the list of items appended hereto within ________________ calendar days from
the Date of Substantial Completion.
Owner assumed or will assume full possession and responsibility for security of the facility above described on
_________________________________________.
The responsibility of the Contractor to provide utilities shall cease on the date the Architect/Engineer determines the Work to have
been substantially completed in accordance with the requirements of the Contract Documents. On the date so established by the
Architect/Engineer as the date of Substantial Completion of the project, or beneficial occupancy, whichever comes first, the one-year
warranty shall commence running. All insurance coverages shall continue in force as provided by the Contract Documents.
ARCHITECT/ENGINEER
CONTRACTOR
(type name or firm)
(type name of firm)
By:
(Authorized Representative)
By:
(Authorized Representative)
**********STATE UNIVERSITY SYSTEM**********
UNIVERSITY
By:
H
BOARD OF REGENTS
By:
Chancellor or Designee
Page 85 of 96 Pages
October 16, 1989
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