HomeMy WebLinkAboutFinal Certificate Of Payment•
ATTACHMENT E
FINAL CERTIFICATE OF PAYMENT:
PROJECT: CONSULTANT:
(name, address)
BID/CONTRACT NUMBER:
TO (City): CONSTRUCTION MANAGER:
AGREEMENT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been satisfied. The
documents required by the Agreement, and the final bill of materials, if required, have been
received and accepted. The Work required by the Contract Documents has been reviewed and
the undersigned certifies that the Work, including minor corrective work, has been completed in
accordance with the provision of the Contract Documents and is accepted under the terms and
conditions thereof.
Consultant
BY Date
City, through the Director, accepts the work as fully complete and
Will assume full possession thereof at
(Date).
City of Miami, Florida
(Time)
By Director Date
Little Haiti Park Cultural Center, B-30295 Page 81
• •
FORM OF PERFORMANCE BOND (Page 1 of 3)
BY THIS BOND, We
hereinafter called Construction Manager, and
, as Principal,
, as Surety,
are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Construction Manager and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into this Agreement, awarded
the day of , 20 , with City which Contract Documents are by
reference incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter
referred to as the "Agreement";
THE CONDITION OF THIS BOND is that if Construction Manager:
1. Performs the Agreement between Construction Manager and City for construction of
, the Agreement being made a
part of this Bond by reference, at the times and in the manner prescribed in the
Agreement; and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Construction Manager
under the Agreement; and
3. Performs the guarantee of all Construction Work and materials furnished under the
Agreement for the time specified in the Agreement; then THIS BOND IS VOID,
OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT.
4. Whenever Construction Manager shall be, and declared by City to be, in default under the
Agreement, City having performed City obligations thereunder, the Surety may promptly
remedy the default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
Little Haiti Park Cultural Center, B-30295 Page 82
• •
00710. FORM OF PERFORMANCE BOND (Page 2 of 3)
3.2. Obtain a bid or bids for completing the Project in accordance with the terms and
conditions of the Contract Documents, and upon determination by Surety of the
lowest responsible Bidder, or, if City elects, upon determination by City and
Surety jointly of the lowest responsible Bidder, arrange for a contract between
such Bidder and City, and make available as work progresses (even though
there should be a default or a succession of defaults under the Agreement or
contracts of completion arranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the GMP; 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 GMP," as used in this paragraph, shall mean the total amount payable by
City to Construction Manager under the Agreement and any amendments
thereto, less the amount properly paid by City to Construction Manager.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Agreement or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
Little Haiti Park Cultural Center, B-30295 Page 83
• •
FORM OF PERFORMANCE BOND (Page 3of 3)
WITNESSES:
Secretary By:
(CORPORATE SEAL)
(Name of Corporation)
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Little Haiti Park Cultural Center, B-30295 Page 84
•
FORM OF PAYMENT BOND (Page lof 3)
BY THIS BOND, We
hereinafter called Construction Manager, and
, as Principal,
, as Surety, are
bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Construction
Manager and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Construction Manager has by written agreement entered into this Agreement,
awarded the
day of , 20 , with City which Contract Documents are
by reference incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter
referred to as the "Agreement";
THE CONDITION OF THIS BOND is that if Construction Manager:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate
proceedings, that City sustains because Qf default by Construction Manager under the
Agreement; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor,
materials and supplies used directly. or indirectly by Contractor in the performance of the
Agreement;
THEN CONSTRUCTION MANAGER 'S OBLIGATION SHALL BE VOID; OTHERWISE,
IT SHALL REMAIN IN> FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Construction Manager and
who has not received payment for its labor, materials, or supplies shall, within forty-
five (45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish to Contractor a notice that he intends to look to the
bond for protection.
2.2. A claimant who is not in privity with Construction Manager and who has not received
payment for its labor, materials, or supplies shall, within ninety
Little Haiti Park Cultural Center, B-30295 Page 85
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FORM OF PAYMENT BOND (Page 2 of 3)
(90) days after performance of the labor or after complete delivery of the materials or
supplies, deliver to Construction Manager and to the Surety, written notice of the
performance of the labor or delivery of the materials or supplies and of the
nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against Construction
Manager or the Surety unless the notices stated under the preceding conditions (2.1)
and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the Ionger of the
applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or
Section 95.11, Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any`' formalities connected with the
Agreement or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of
ATTEST:
(Secretary)
(Corporate Seal)
, 20
Construction Manager
(Name of Corporation)
(Signature)
(Print Name and Title)
day of , 20
Little Haiti Park Cultural Center, B-30295 Page 86
• •
FORM OF PAYMENT BOND (Page 3 of 3)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Little Haiti Park Cultural Center, B-30295 Page 87