Bonds. (1) In accordance with the provisions of Section 255.05, Florida Statutes prior to commencement of construction, the Construction Manager shall provide to the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 and inclusive of the Construction Manager’s fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions: (a) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (b) The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. (c) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. (d) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued. (e) If the Contract Award Amount exceeds $500,000.00, the Surety Company shall also comply with the following provisions: 1. The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- CLASS V 5,000,000 TO 10,000,000 A- CLASS VI 10,000,000 TO 25,000,000 A- CLASS VII 25,000,000 TO 50,000,000 A- CLASS VIII 50,000,000 TO 100,000,000 A- CLASS IX 2. The Surety Company shall not expose itself to any loss on any one risk in a amount exceeding ten (10) percent of its surplus to policyholders, provided: (a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met. (b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
Appears in 10 contracts
Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
Bonds. A. Within ten (110) In accordance with business days after the provisions GMP is agreed to by Owner and Construction Contractor and before any portion of Section 255.05, Florida Statutes prior to commencement of construction, the Construction Manager Phase Work to be covered by such bonds is commenced, Construction Contractor shall provide to the Owner, on forms furnished by the Owner, Owner with a 100% Performance Bond and a 100% Labor and Material Payment Bond each (together, the “Bonds”), in an the form prescribed in Exhibits C and D, in the amount not less than of one hundred percent (100%) of the total construction cost as defined in Article 9 and inclusive sum of the GMP, the costs of which are to be paid by Construction Manager’s feesContractor and reimbursed in accordance with Subsection 5.A.5.(a). These bonds shall continue in effect for one (1) year after completion The Performance and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Payment Bonds and Labor and Material Payment Bonds, a Surety Company shall must comply with the following provisionsprovisions and must be otherwise acceptable to Owner, in its sole discretion:
(a) 1. The Surety Company shall have Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company surety company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. The Bonds must be fully performable in Florida, with service and venue in Orange County, Florida.
6. If the Contract Award Amount GMP exceeds Five Hundred Thousand and No/100 ($500,000.00), the Surety Company surety company shall also comply with the following provisions:
1. a. The Surety Company surety company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- : CONTRACT POLICYHOLDER’S RATING REQUIRED FINANCIAL RATING $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. b. The Surety Company surety company shall not expose itself to any loss on any one risk in a an amount exceeding ten percent (10%) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing carrier, provided authorization or approval by the State of Florida, Department of Insurance to do business in this state State have been met.
(b2) In the case of the a surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-co- surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
B. If the surety for any bond furnished by Construction Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the minimum requirements noted above and Owner’s prior written approval.
C. In accordance with the requirements of Section 255.05(1)(a), Florida Statutes, within five (5) days after Owner’s written approval of the Bonds and before commencing the Construction Phase Work, Construction Contractor shall record in the Public Records of Orange County, Florida, a copy of the Performance and Payment Bonds. Construction Contractor shall deliver to Owner certified copies of the recorded Bonds within ten (10) days of recording of the Bonds but, in any event, before commencing the Construction Phase Work. The proper recording and delivery of such Bonds are conditions precedent to Owner’s obligation to make any progress payments to Construction Contractor hereunder.
Appears in 5 contracts
Sources: Construction Management Contract, Construction Management Contract, Construction Management Contract
Bonds. A. Within ten (110) In accordance with business days after the provisions GMP is agreed to by Owner and Construction Contractor and before any portion of Section 255.05, Florida Statutes prior to commencement of construction, the Construction Manager Phase Work to be covered by such bonds is commenced, Construction Contractor shall provide to the Owner, on forms furnished by the Owner, Owner with a 100% Performance Bond and a 100% Labor and Material Payment Bond each (together, the “Bonds”), in an the form prescribed in Exhibits C and D, in the amount not less than of one hundred percent (100%) of the total construction cost as defined in Article 9 and inclusive sum of the GMP, the costs of which are to be paid by Construction Manager’s feesContractor and reimbursed in accordance with Subsection 5.A.5.(a). These bonds shall continue in effect for one (1) year after completion The Performance and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Payment Bonds and Labor and Material Payment Bonds, a Surety Company shall must comply with the following provisionsprovisions and must be otherwise acceptable to Owner, in its sole discretion:
(a) 1. The Surety Company shall have Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company surety company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. The Bonds must be fully performable in Florida, with service and venue in Orange County, Florida.
6. If the Contract Award Amount GMP exceeds Five Hundred Thousand and No/100 ($500,000.00), the Surety Company surety company shall also comply with the following provisions:
1. a. The Surety Company surety company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- : $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. b. The Surety Company surety company shall not expose itself to any loss on any one risk in a an amount exceeding ten percent (10%) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing carrier, provided authorization or approval by the State of Florida, Department of Insurance to do business in this state State have been met.
(b2) In the case of the a surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-co- surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
B. If the surety for any bond furnished by Construction Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the minimum requirements noted above and Owner’s prior written approval.
C. In accordance with the requirements of Section 255.05(1)(a), Florida Statutes, within five (5) days after Owner’s written approval of the Bonds and before commencing the Construction Phase Work, Construction Contractor shall record in the Public Records of Orange County, Florida, a copy of the Performance and Payment Bonds. Construction Contractor shall deliver to Owner certified copies of the recorded Bonds within ten (10) days of recording of the Bonds but, in any event, before commencing the Construction Phase Work. The proper recording and delivery of such Bonds are conditions precedent to Owner’s obligation to make any progress payments to Construction Contractor hereunder.
Appears in 5 contracts
Sources: Construction Management Contract, Construction Management Contract, Construction Management Services Agreement
Bonds. A. Within five (15) In accordance with business days after the provisions of Section 255.05GMP is agreed to by Owner and Construction Manager, Florida Statutes prior to commencement of construction, the Construction Manager shall provide to Owner with Performance and Payment Bonds, in the Ownerform prescribed in Exhibit C, on forms furnished by in the Owner, a amount of 100% Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than of the total construction cost as defined in Article 9 and inclusive sum of the Construction Management Fee and the GMP, the costs of which are to be paid by Construction Manager’s fees. These bonds The Performance and Payment Bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Bonds and Labor and Material Payment Bondsunderwritten by a surety, a Surety Company shall must comply with the following provisionsprovisions and must be otherwise acceptable to Owner:
(a) 1. The Surety Company shall have a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company shall have a currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. If the Contract Award Amount exceeds $500,000.00, the Surety Company shall also comply with the following provisions:
1. (a) The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s ' s Key Rating Guide. UP TO 5,000,000 A- : CONTRACT POLICY HOLDER' S RATING REQUIRED FINANCIAL RATING $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. (b) The Surety Company shall not expose itself to any loss on any one risk in a an amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met.
(b2) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
B. Subcontracts over $100,000 will be bonded in a form acceptable to Owner. The Owner shall be identified as an obligee. The Subcontractor Bonds will be acceptable to the Owner only if the following conditions are met: the Surety Company (i) is licensed to do business in the state of Florida; (ii) holds a Certificate of Authority authorizing it to write surety bonds in this state; (iii) has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued; (iv) is otherwise in compliance with the provisions of the Florida Insurance Code; (v) holds a currently valid Certificate of Authority issued by the United States Department of Treasury under 31 U.S.C. §§9304-9308.
C. If the surety for any bond furnished by Construction Manager is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Manager shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to Owner' s approval.
Appears in 3 contracts
Sources: Construction Management Contract, Construction Management Contract, Construction Management Contract
Bonds. A. Within ten (110) In accordance with business days after the provisions of Section 255.05GMP is agreed to by Owner and Construction Contractor, Florida Statutes prior to commencement of construction, the Construction Manager Contractor shall provide to the Owner, on forms furnished by the Owner, a 100% Owner with Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 and inclusive of the Construction Manager’s fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall in the form prescribed in Exhibits C and D, in the amount of 100% of the total sum of the GMP, the costs of which are to be paid by Construction Contractor. The Performance and Payment Bonds must comply with the following provisionsprovisions and must be otherwise acceptable to Owner:
(a) 1. The Surety Company shall have Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company surety company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. The Bonds must be fully performable in Florida, with service and venue in Orange County, Florida.
6. If the Contract Award Amount GMP exceeds $500,000.00, the Surety Company surety company shall also comply with the following provisions:
1. a. The Surety Company surety company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- : CONTRACT POLICYHOLDER’S RATING REQUIRED FINANCIAL RATING $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. b. The Surety Company surety company shall not expose itself to any loss on any one risk in a an amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met.
(b2) In the case of the a surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
B. If the surety for any bond furnished by Construction Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the minimum requirements noted above and Owner’s approval.
C. In accordance with the requirements of Section 255.05(1)(a), Florida Statutes, Construction Contractor shall record within 5 days in the Public Records of Orange County, Florida, a copy of the Performance and Payment Bonds. Construction Contractor shall deliver within 10 days to Owner evidence, reasonably acceptable to Owner, of the recording of said ▇▇▇▇▇. The delivery of such evidence is a condition precedent to Owner’s obligation to make any progress payments to Construction Contractor hereunder.
Appears in 2 contracts
Sources: Construction Management Contract, Construction Management Contract
Bonds. A. Within five (15) In accordance with business days after the provisions of Section 255.05GMP is agreed to by Owner and Construction Manager, Florida Statutes prior to commencement of construction, the Construction Manager shall provide to Owner with Performance and Payment Bonds, in the Ownerform prescribed in Exhibit C, on forms furnished by in the Owner, a amount of 100% Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than of the total construction cost as defined in Article 9 and inclusive sum of the Construction Management Fee and the GMP, the costs of which are to be paid by Construction Manager’s fees. These bonds The Performance and Payment Bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Bonds and Labor and Material Payment Bondsunderwritten by a surety, a Surety Company shall must comply with the following provisionsprovisions and must be otherwise acceptable to Owner:
(a) 1. The Surety Company shall have a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company shall have a currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. If the Contract Award Amount exceeds $500,000.00, the Surety Company shall also comply with the following provisions:
1. (a) The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s ' s Key Rating Guide. UP TO 5,000,000 A- : CONTRACT POLICY HOLDER' S RATING REQUIRED FINANCIAL RATING $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. (b) The Surety Company shall not expose itself to any loss on any one risk in a an amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met.
(b2) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
B. Subcontracts over $100,000 will be bonded in a form acceptable to Owner. The Owner shall be identified as an obligee. The Subcontractor Bonds will be acceptable to the Owner only if the following conditions are met: the Surety Company (i) is licensed to do business in the state of Florida; (ii) holds a Certificate of Authority authorizing it to write surety bonds in this state; (iii) has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued; (iv) is otherwise in compliance with the provisions of the Florida Insurance Code; (v) holds a currently valid Certificate of Authority issued by the United States Department of Treasury under 31
C. If the surety for any bond furnished by Construction Manager is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Manager shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to Owner' s approval.
Appears in 2 contracts
Sources: Construction Management Contract, Construction Management Contract
Bonds. (1) 11.3.1 The Owner shall have the right to require the Construction Manager to furnish bonds covering faithful performance of the Contract and payment of obligations arising there- under as stipulated in bidding requirements or specifically required in the Contract Documents on the date of approval for a Project’s GMP Proposal.
11.3.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement Contract, the Construction Manager shall promptly furnish a copy of the bonds to the Executive Vice President and CFO.
11.3.3 In accordance with the provisions of Section 255.05, Florida Statutes prior to commencement of constructionStatutes, the Construction Manager shall provide to the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 the approved GMP Proposal and inclusive of the Construction Manager’s fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. Fees.
11.3.4 To be acceptable to the School District of Palm Beach County Owner as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions:
(a) 11.3.4.1 The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 11.3.4.2 The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 11.3.4.3 The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 11.3.4.4 The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation GMP Proposal is delivered to bid is issuedthe Owner.
(e) 11.3.4.5 If the Contract Award Amount exceeds $500,000.00, 500,000 the Surety Company shall also have a policy Holder Rating of “A” or better and a Financial Rating of Class IV or better. The Surety shall provide a letter on company letterhead stating that they have the above ratings to comply with the following provisions:provisions of this sub-section.
1. The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- CLASS V 5,000,000 TO 10,000,000 A- CLASS VI 10,000,000 TO 25,000,000 A- CLASS VII 25,000,000 TO 50,000,000 A- CLASS VIII 50,000,000 TO 100,000,000 A- CLASS IX
2. 11.3.5 The Surety Company shall not expose itself to any loss on of any one risk in a the amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a) 11.3.5.1 Any risk or portion of or any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance Insurance, to do business in this state state, have been met.
(b) 11.3.5.2 In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
Appears in 2 contracts
Sources: Construction Manager Agreement, Construction Manager Agreement
Bonds. A. Within ten (110) In accordance with business days after the provisions GMP is agreed to by Owner and Construction Contractor and before any portion of Section 255.05, Florida Statutes prior to commencement of construction, the Construction Manager Phase Work to be covered by such bonds is commenced, Construction Contractor shall provide to the Owner, on forms furnished by the Owner, Owner with a 100% Performance Bond and a Payment Bond (together, the “Bonds”), in the form prescribed in Exhibits C and D, in the amount of 100% Labor and Material Payment Bond each in an amount not less than of the total construction cost as defined in Article 9 and inclusive sum of the GMP, the costs of which are to be paid by Construction Manager’s feesContractor. These bonds shall continue in effect for one (1) year after completion The Performance and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Payment Bonds and Labor and Material Payment Bonds, a Surety Company shall must comply with the following provisionsprovisions and must be otherwise acceptable to Owner:
(a) 1. The Surety Company shall have Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company surety company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. The Bonds must be fully performable in Florida, with service and venue in Orange County, Florida.
6. If the Contract Award Amount GMP exceeds $500,000.00, the Surety Company surety company shall also comply with the following provisions:
1. a. The Surety Company surety company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- : CONTRACT POLICYHOLDER’S RATING REQUIRED FINANCIAL RATING $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. b. The Surety Company surety company shall not expose itself to any loss on any one risk in a an amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state State have been met.
(b2) In the case of the a surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
B. If the surety for any bond furnished by Construction Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the minimum requirements noted above and Owner’s approval.
C. In accordance with the requirements of Section 255.05(1)(a), Florida Statutes, within five (5) days after Owner’s written approval of the Bonds and before commencing the Construction Phase Work, Construction Contractor shall record in the Public Records of Orange County, Florida, a copy of the Performance and Payment Bonds. Construction Contractor shall deliver to Owner certified copies of the recorded Bonds within ten (10) days of recording of the Bonds but, in any event, before commencing the Construction Phase Work. The proper recording and delivery of such Bonds are conditions precedent to Owner’s obligation to make any progress payments to Construction Contractor hereunder.
Appears in 2 contracts
Sources: Construction Management Contract, Construction Management Contract
Bonds. A. Within ten (110) In accordance with business days after the provisions GMP is agreed to by Owner and Construction Contractor and before any portion of Section 255.05, Florida Statutes prior to commencement of construction, the Construction Manager Phase Work to be covered by such bonds is commenced, Construction Contractor shall provide to the Owner, on forms furnished by the Owner, Owner with a 100% Performance Bond and a 100% Labor and Material Payment Bond each (together, the “Bonds”), in an the form prescribed in Exhibits C and D, in the amount not less than of one hundred percent (100%) of the total construction cost as defined in Article 9 and inclusive sum of the GMP, the costs of which are to be paid by Construction Manager’s feesContractor. These bonds shall continue in effect for one (1) year after completion The Performance and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Payment Bonds and Labor and Material Payment Bonds, a Surety Company shall must comply with the following provisionsprovisions and must be otherwise acceptable to Owner:
(a) 1. The Surety Company shall have Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company surety company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. The Bonds must be fully performable in Florida, with service and venue in Orange County, Florida.
6. If the Contract Award Amount GMP exceeds Five Hundred Thousand and No/100 Dollars ($500,000.00), the Surety Company surety company shall also comply with the following provisions:
1. a. The Surety Company surety company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- : CONTRACT POLICYHOLDER’S RATING REQUIRED FINANCIAL RATING $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. b. The Surety Company surety company shall not expose itself to any loss on any one risk in a an amount exceeding ten percent (10%) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state State have been met.
(b2) In the case of the a surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-co- surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
B. If the surety for any bond furnished by Construction Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the minimum requirements noted above and Owner’s approval.
C. In accordance with the requirements of Section 255.05(1)(a), Florida Statutes, within five (5) days after Owner’s written approval of the Bonds and before commencing the Construction Phase Work, Construction Contractor shall record in the Public Records of Orange County, Florida, a copy of the Performance and Payment Bonds. Construction Contractor shall deliver to Owner certified copies of the recorded Bonds within ten (10) days of recording of the Bonds but, in any event, before commencing the Construction Phase Work. The proper recording and delivery of such Bonds are conditions precedent to Owner’s obligation to make any progress payments to Construction Contractor hereunder.
Appears in 2 contracts
Sources: Construction Management Contract, Construction Management Contract
Bonds. A. Within ten (110) In accordance with business days after the provisions GMP is agreed to by Owner and Construction Contractor and before any portion of Section 255.05, Florida Statutes prior to commencement of construction, the Construction Manager Phase Work to be covered by such bonds is commenced, Construction Contractor shall provide to the Owner, on forms furnished by the Owner, Owner with a 100% Performance Bond and a 100% Labor and Material Payment Bond each (together, the “Bonds”), in an the form prescribed in Exhibits C and D, in the amount not less than of one hundred percent (100%) of the total construction cost as defined in Article 9 and inclusive sum of the GMP, the costs of which are to be paid by Construction Manager’s feesContractor and reimbursed in accordance with Subsection 5.A.5.(a). These bonds shall continue in effect for one (1) year after completion The Performance and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Payment Bonds and Labor and Material Payment Bonds, a Surety Company shall must comply with the following provisionsprovisions and must be otherwise acceptable to Owner, in its sole discretion:
(a) 1. The Surety Company shall have Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company surety company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. The Bonds must be fully performable in Florida, with service and venue in Orange County, Florida.
6. If the Contract Award Amount GMP exceeds Five Hundred Thousand and No/100 ($500,000.00), the Surety Company surety company shall also comply with the following provisions:
1. a. The Surety Company surety company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- : $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. b. The Surety Company surety company shall not expose itself to any loss on any one risk in a an amount exceeding ten percent (10%) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing carrier, provided authorization or approval by the State of Florida, Department of Insurance to do business in this state State have been met.
(b2) In the case of the a surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-co- surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
B. If the surety for any bond furnished by Construction Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the minimum requirements noted above and Owner’s prior written approval.
C. In accordance with the requirements of Section 255.05(1)(a), Florida Statutes, within five (5) days after Owner’s written approval of the Bonds and before commencing the Construction Phase Work, Construction Contractor shall record in the Public Records of Orange County, Florida, a copy of the Performance and Payment Bonds. Construction Contractor shall deliver to Owner certified copies of the recorded Bonds within ten (10) days of recording of the Bonds but, in any event, before commencing the Construction Phase Work. The proper recording and delivery of such Bonds are conditions precedent to Owner’s obligation to make any progress payments to Construction Contractor hereunder.
D. Construction Contractor shall state in writing to the Owner if subcontractor bonds or Subcontractor Default Insurance (SDI) shall be utilized, and for which subcontractors it applies. If required, the Construction Contractor shall be responsible for all policy deductibles, co- payments, losses, direct costs, indirect costs, and non-reimbursable costs. All risks and requirements of the SDI are borne solely by the Construction Contractor. The Construction Contractor is responsible for ensuring that the Owner is notified in advance of any material change to or renewal of any of the insurance coverages during the term of the Contract.
Appears in 2 contracts
Sources: Construction Management Contract, Construction Management Contract
Bonds. Within ten (110) In accordance with business days after the provisions of Section 255.05GMP is agreed to by Owner and Design Builder, Florida Statutes prior to commencement of construction, the Construction Manager Design Builder shall provide to the Owner, on forms furnished by the Owner, a 100% Owner with Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 and inclusive of the Construction Manager’s fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall in the form prescribed in Exhibits C and D, in the amount of 100% of the total sum of the GMP, the costs of which are to be paid by Design Builder. The Performance and Payment Bonds must comply with the following provisions:
(a) provisions and must be otherwise acceptable to Owner: The Surety Company shall have Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) . The Surety Company surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) . The Surety Company surety company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) . The Surety Company surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid this Agreement is issued.
(e) executed. The Bonds must be fully performable in Florida, with service and venue in Orange County, Florida. If the Contract Award Amount GMP exceeds $500,000.00, the Surety Company surety company shall also comply with the following provisions:
1. : The Surety Company surety company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- : CONTRACT POLICYHOLDER’S RATING REQUIRED FINANCIAL RATING $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IX
2. IX 50,000,000 to 75,000,000 A CLASS X The Surety Company surety company shall not expose itself to any loss on any one risk in a an amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a) : Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met.
(b) . In the case of the a surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.. If the surety for any bond furnished by Design Builder is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Design Builder shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the minimum requirements noted above and Owner’s approval. The cost of any such replacement bond shall be paid by Design Builder. In accordance with the requirements of Section 255.05(1)(a), Florida Statutes, Design Builder shall record within five (5) days in the Public Records of Orange County, Florida, a copy of the Performance and Payment Bonds. Design Builder shall deliver within ten (10) days to Owner evidence, reasonably acceptable to Owner, of the recording of said ▇▇▇▇▇. The delivery of such evidence is a condition precedent to Owner’s obligation to make any progress payments to Design Builder hereunder. Contract Time and Liquidated Damages
Appears in 1 contract
Sources: Project Design Build Contract
Bonds. (1) In accordance with the provisions of Section 255.05, Florida Statutes prior to commencement of constructionStatutes, the Construction Manager Contractor shall provide to the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 7 and inclusive of the Construction Manager’s Contractor's fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County Owner as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions:
(a1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Florida, Department of InsuranceFinancial Services, Office of Insurance Regulation, authorizing it to write surety bonds in the State of Florida.
(b2) The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
(d4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e5) If the Contract Award Amount exceeds $500,000.00500,000, the Surety Company shall also comply with the following provisions:
1. (A) The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s 's Key Rating Guide. UP $500,000 TO $1,000,000 A- CLASS I $1,000,000 TO $2,000,000 A- CLASS II $2,000,000 TO $5,000,000 A- CLASS V III $5,000,000 TO $10,000,000 A- CLASS VI IV $10,000,000 TO $25,000,000 A- CLASS VII V $25,000,000 TO $50,000,000 A- CLASS VIII VI $50,000,000 TO $100,000,000 A- CLASS IXVII
2. (B) The Surety Company shall not expose itself to any loss on any one risk in a an amount exceeding ten percent (10%) percent of its surplus to policyholders, provided:
(a) 1. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Financial Services, Office of Insurance Regulation to do business in this state have been met.
(b) 2. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
Appears in 1 contract
Sources: Construction Project Agreement
Bonds. (1) In accordance with the provisions of Section 255.05, Florida Statutes prior to commencement of constructionStatutes, the Construction Manager shall provide to the Owner, on forms furnished by the Owner, a one hundred percent (100% %) unconditional Performance Bond and a one hundred percent (100% %) unconditional Labor and Material Payment Bond each in an amount not less than the total construction cost Cost of the Project as defined in Article 9 and inclusive of the Construction Manager’s 's fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District Department of Palm Beach County Management Services as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions:
(a1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Florida, Department of InsuranceFinancial Services, Office of Insurance Regulation, authorizing it to write surety bonds in the State of Florida.
(b2) The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
(d4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e5) If the Contract Award Amount exceeds $500,000.00500,000, the Surety Company shall also comply with the following provisions:
1. (a) The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s 's Key Rating Guide. UP CONTRACT AMOUNT POLICYHOLDER'S RATING REQUIRED FINANCIAL RATING $500,000 TO $1,000,000 A- CLASS I $1,000,000 TO $2,000,000 A- CLASS II $2,000,000 TO $5,000,000 A- CLASS V III $5,000,000 TO $10,000,000 A- CLASS VI IV $10,000,000 TO $25,000,000 A- CLASS VII V $25,000,000 TO $50,000,000 A- CLASS VIII VI $50,000,000 TO $100,000,000 A- CLASS VII $100,000,000 TO $250,000,000 A- CLASS VIII $250,000,000 TO $500,000,000 A- CLASS IX
2. (b) The Surety Company shall not expose itself to any loss on any one risk in a an amount exceeding ten percent (10%) percent of its surplus to policyholders, provided:
(a) 1. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Financial Services, Office of Insurance Regulation to do business in this state have been met.
(b) 2. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
Appears in 1 contract
Sources: Construction Contract
Bonds. (1) In accordance with the provisions of Section 255.05, Florida Statutes prior to commencement of constructionStatutes, the Construction Manager shall provide to the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 and inclusive of the Construction Manager’s 's fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County Owner as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions:
(a1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Florida, Department of InsuranceFinancial Services, Office of Insurance Regulation, authorizing it to write surety bonds in the State of Florida.
(b2) The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
(d4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e5) If the Contract Award Amount exceeds $500,000.00500,000, the Surety Company shall also comply with the following provisions:
1. (A) The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s 's Key Rating Guide. UP $500,000 TO $1,000,000 A- CLASS I $1,000,000 TO $2,000,000 A- CLASS II $2,000,000 TO $5,000,000 A- CLASS V III $5,000,000 TO $10,000,000 A- CLASS VI IV $10,000,000 TO $25,000,000 A- CLASS VII V $25,000,000 TO $50,000,000 A- CLASS VIII VI $50,000,000 TO $100,000,000 A- CLASS IXVII
2. (B) The Surety Company shall not expose itself to any loss on any one risk in a an amount exceeding ten percent (10%) percent of its surplus to policyholders, provided:
(a) 1. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Financial Services, Office of Insurance Regulation to do business in this state have been met.
(b) 2. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
Appears in 1 contract
Sources: Construction Project Agreement
Bonds.
A. Within ten (110) In accordance with business days after the provisions of Section 255.05GMP is agreed to by Owner and Construction Contractor, Florida Statutes prior to commencement of construction, the Construction Manager Contractor shall provide to the Owner, on forms furnished by the Owner, a 100% Owner with Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 and inclusive of the Construction Manager’s fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall in the form prescribed in Exhibits C and D, in the amount of 100% of the total sum of the GMP, the costs of which are to be paid by Construction Contractor. The Performance and Payment Bonds must comply with the following provisionsprovisions and must be otherwise acceptable to Owner:
(a) 1. The Surety Company shall have Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company surety company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. The Bonds must be fully performable in Florida, with service and venue in POLK County, Florida.
6. If the Contract Award Amount GMP exceeds $500,000.00, the Surety Company surety company shall also comply with the following provisions:
1. a. The Surety Company surety company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- : CONTRACT POLICYHOLDER’S RATING REQUIRED FINANCIAL RATING $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. b. The Surety Company surety company shall not expose itself to any loss on any one risk in a an amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met.
(b2) In the case of the a surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
B. If the surety for any bond furnished by Construction Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the minimum requirements noted above and Owner’s approval.
C. In accordance with the requirements of Section 255.05(1)(a), Florida Statutes, Construction Contractor shall record within 5 days in the Public Records of POLK County, Florida, a copy of the Performance and Payment Bonds. Construction Contractor shall deliver within 10 days to Owner evidence, reasonably acceptable to Owner, of the recording of said ▇▇▇▇▇. The delivery of such evidence is a condition precedent to Owner’s obligation to make any progress payments to Construction Contractor hereunder.
Appears in 1 contract
Sources: Construction Management Contract
Bonds. (1) In accordance with the provisions of Section 255.05, Florida Statutes prior to commencement of construction, the The Construction Manager shall provide to the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor and Material Payment Bond Bond, each in an amount not less than the total construction cost as defined in Article 9 and inclusive of the Construction Manager’s 's fees, The Bonds utilized for this project shall be provided and issued on the forms included herein. These bonds shall continue in effect for one No qualification or modification to the Bond forms are permitted.
(1a) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County Jacksonville Aviation Authority as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions:
(a) i. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) ii. The Surety Company shall have a currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) iii. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) iv. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) v. If the Contract Award Amount exceeds $500,000.00500,000, the Surety Company shall also comply with the following provisions:
1. : • The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s 's Key Rating Guide. UP : CONTRACT AMOUNT POLICY HOLDER’S RATING REQUIRED FINANCIAL RATING $500,000 TO $1,000,000 A- CLASS I $1,000,000 TO $5,000,000 A- CLASS V II $5,000,000 TO $10,000,000 A- CLASS VI III $10,000,000 TO $25,000,000 A- CLASS VII IV $25,000,000 TO $50,000,000 A- CLASS VIII V $50,000,000 TO $100,000,000 A- CLASS IXVI
2. (b) The Surety Company shall not expose itself to any loss on any one anyone risk in a an amount exceeding ten (10l0) percent of its surplus to policyholders, provided:
(a) i. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing provided authorization or approval by the State of Florida, Department of Insurance Insurance, to do business in this state have been met.
(b) ii. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
Appears in 1 contract
Sources: Construction Manager Agreement
Bonds. A. Within ten (110) In accordance with business days after the provisions of Section 255.05GMP is agreed to by Owner and Construction Manager, Florida Statutes prior to commencement of construction, the Construction Manager shall provide to the Owner, on forms furnished by the Owner, a 100% Owner with Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 and inclusive of the Construction Manager’s fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall in the form prescribed in Exhibits C and D, in the amount of 100% of the total sum of the GMP, the costs of which are to be paid by Construction Manager. The Performance and Payment Bonds must comply with the following provisionsprovisions and must be otherwise acceptable to Owner:
(a) 1. The Surety Company shall have Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company surety company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. The Bonds must be fully performable in Florida, with service and venue in Pinellas County, Florida.
6. If the Contract Award Amount GMP exceeds $500,000.00, the Surety Company surety company shall also comply with the following provisions:
1. a. The Surety Company surety company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- : $500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. b. The Surety Company surety company shall not expose itself to any loss on any one risk in a an amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met.
(b2) In the case of the a surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
B. If the surety for any bond furnished by Construction Manager is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Manager shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the minimum requirements noted above and Owner’s approval.
C. In accordance with the requirements of Section 255.05(1)(a), Florida Statutes, Construction Manager shall record within 5 days in the Public Records of Pinellas County, Florida, a copy of the Performance and Payment Bonds. Construction Manager shall deliver within 10 days to Owner evidence, reasonably acceptable to Owner, of the recording of said ▇▇▇▇▇. The delivery of such evidence is a condition precedent to Owner’s obligation to make any progress payments to Construction Manager hereunder.
Appears in 1 contract
Sources: Construction Management Agreement
Bonds. (1) In accordance with the provisions of Section 255.05, Florida Statutes prior to commencement of constructionStatutes, the Construction Manager Contractor shall provide to the Owner, on forms furnished by the Owner, a one hundred percent (100% %) unconditional Performance Bond and a one hundred percent (100% %) unconditional Labor and Material Payment Bond each in an amount not less than the total construction cost Cost of the Project as defined in Article 9 and inclusive of the Construction Manager’s Contractor's fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District Department of Palm Beach County Management Services as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions:
(a1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Florida, Department of InsuranceFinancial Services, Office of Insurance Regulation, authorizing it to write surety bonds in the State of Florida.
(b2) The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
(d4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e5) If the Contract Award Amount exceeds $500,000.00500,000, the Surety Company shall also comply with the following provisions:
1. (a) The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s 's Key Rating Guide. UP CONTRACT AMOUNT POLICYHOLDER'S RATING REQUIRED FINANCIAL RATING $500,000 TO $1,000,000 A- CLASS I $1,000,000 TO $2,000,000 A- CLASS II $2,000,000 TO $5,000,000 A- CLASS V III $5,000,000 TO $10,000,000 A- CLASS VI IV $10,000,000 TO $25,000,000 A- CLASS VII V $25,000,000 TO $50,000,000 A- CLASS VIII VI $50,000,000 TO $100,000,000 A- CLASS VII $100,000,000 TO $250,000,000 A- CLASS VIII $250,000,000 TO $500,000,000 A- CLASS IX
2. (b) The Surety Company shall not expose itself to any loss on any one risk in a an amount exceeding ten percent (10%) percent of its surplus to policyholders, provided:
(a) 1. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Financial Services, Office of Insurance Regulation to do business in this state have been met.
(b) 2. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
Appears in 1 contract
Sources: Construction Contract
Bonds. Within fifteen (115) In accordance with days after the provisions Notice of Section 255.05Award, Florida Statutes but in any event prior to commencement of constructioncommencing Work, the Construction Manager Contractor shall provide execute and furnish to the Owner, on forms furnished by the Owner, Town a 100% Performance Bond and a 100% Labor Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and Material having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No, 570. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular and the excess risks must be protected by coinsurance, reinsurance, or other methods, in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR, Section 223,10, Section 223.11). Further, the surety company shall provide the Town with evidence satisfactory to the Town, that such excess risk has been protected in an acceptable manner. The surety company shall have at least the following minimum qualifications in accordance with the latest edition of A.M. Best’s insurance Guide, published by ▇▇▇▇▇▇ ▇. Best Company, Inc., Ambest Road, Oldwick, New Jersey 08858: Financial Stability -A Financial size –VIII.
6.2.1 Two (2) separate Bonds are required and both must be approved by the Town. The penal sum stated in each Bond shall be the amount equal to the total amount payable under the terms of this Contract. The Performance Bond shall be conditioned upon the Contractor performing this Contract in the time and manner prescribed in this Contract. The Payment Bond each shall be conditioned upon the Contractor promptly make payments to all persons who supply the Contractor with labor, materials and supplies used directly or indirectly by the Contractor in an the prosecution of the Work provided for in this Contract and shall provide that the surety shall pay the same in the amount not less than exceeding the total construction cost as defined sum provided in Article 9 such Bonds, together with interest at the maximum rate allowed by law; and inclusive that they shall indemnify and save harmless the Town to the extent of any and all payments in connection with the Construction Manager’s fees. These bonds carrying out of this Contract which the Town maybe required to make under the law.
6.2.2 Such Bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to final payment becomes due except as otherwise provided by law or regulation or by the School District of Palm Beach County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply Contract Documents with the following provisions:
final sum of said Bonds reduced after final payment to an amount equal to twenty-five percent (a25%) The Surety Company of the Contract Price, or an additional Bond shall have a currently valid Certificate be conditioned upon the Contractor correct any defective or faulty Work or material which appear within one (1) year after Final Completion of Authoritythe Contract, issued upon notification by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of FloridaTown.
(b) The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) If the Contract Award Amount exceeds $500,000.00, the Surety Company shall also comply with the following provisions:
1. The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- CLASS V 5,000,000 TO 10,000,000 A- CLASS VI 10,000,000 TO 25,000,000 A- CLASS VII 25,000,000 TO 50,000,000 A- CLASS VIII 50,000,000 TO 100,000,000 A- CLASS IX
2. The Surety Company shall not expose itself to any loss on any one risk in a amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met.
(b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
Appears in 1 contract
Sources: Contract for Construction
Bonds. A. Within ten (110) In accordance with business days after the provisions of Section 255.05GMP is agreed to by Owner and Construction Contractor, Florida Statutes prior to commencement of construction, the Construction Manager Contractor shall provide to the Owner, on forms furnished by the Owner, a 100% Owner with Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 and inclusive of the Construction Manager’s fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall in the form prescribed in Exhibits C and D, in the amount of 100% of the total sum of the GMP, the costs of which are to be paid by Construction Contractor. The Performance and Payment Bonds must comply with the following provisionsprovisions and must be otherwise acceptable to Owner:
(a) 1. The Surety Company shall have Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company surety company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. The Bonds must be fully performable in Florida, with service and venue in Orange County, Florida.
6. If the Contract Award Amount GMP exceeds $500,000.00, the Surety Company surety company shall also comply with the following provisions:
1. a. The Surety Company surety company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- : CONTRACT POLICYHOLDER’S RATING REQUIRED FINANCIAL RATING $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. b. The Surety Company surety company shall not expose itself to any loss on any one risk in a an amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met.
(b2) In the case of the a surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
Appears in 1 contract
Bonds.
A. Within ten (110) In accordance with business days after the provisions of Section 255.05GMP is agreed to by Owner and Construction Manager, Florida Statutes prior to commencement of construction, the Construction Manager shall provide to the Owner, on forms furnished by the Owner, a 100% Owner with Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total construction cost as defined in Article 9 and inclusive of the Construction Manager’s fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company in the form prescribed in Exhibits C and D, in the amount of 100% of the total sum of the GMP, the costs of which are to be paid by Construction Manager. The Project Manager shall require that Performance and Payment Bonds must comply with the following provisionsprovisions and must be otherwise acceptable to Owner:
(a) 1. The Surety Company shall have Bonds must be underwritten by a surety company which has a currently valid Certificate of Authority, Authority issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company surety company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company surety company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. The Bonds must be fully performable in Florida, with service and venue in Collier County, Florida.
6. If the Contract Award Amount GMP exceeds $500,000.00, the Surety Company surety company shall also comply with the following provisions:
1. a. The Surety Company Project Manager shall require that the surety company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. UP TO 5,000,000 A- : CONTRACT POLICYHOLDER’S RATING REQUIRED FINANCIAL RATING $ 500,000 to 1,000,000 A CLASS IV 1,000,000 to 2,500,000 A CLASS V 2,500,000 to 5,000,000 TO 10,000,000 A- A CLASS VI 5,000,000 to 10,000,000 TO 25,000,000 A- A CLASS VII 10,000,000 to 25,000,000 TO 50,000,000 A- A CLASS VIII 25,000,000 to 50,000,000 TO 100,000,000 A- A CLASS IXIX 50,000,000 to 75,000,000 A CLASS X
2. b. The Surety Company surety company shall not expose itself to any loss on any one risk in a an amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met.
(b2) In the case of the a surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-co- surety, the value of any security surety deposited, pledged or held subject to the consent of the surety and for the protection of
B. If the surety for any bond furnished by Construction Manager is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, Construction Manager shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the minimum requirements noted above and Owner’s approval.
C. In accordance with the requirements of Section 255.05(1)(a), Florida Statutes, Construction Manager shall record within 5 days in the Public Records of City of Naples, Florida, a copy of the surety Performance and Payment Bonds. Construction Manager shall be deducteddeliver within 10 days to Owner evidence, reasonably acceptable to Owner, of the recording of said ▇▇▇▇▇. The delivery of such evidence is a condition precedent to Owner’s obligation to make any progress payments to Construction Manager hereunder.
Appears in 1 contract
Bonds. (1) In accordance with the provisions of Section 255.05, Florida Statutes prior to commencement of constructionStatutes, the Construction Manager shall provide to the Owner, on forms furnished by the Owner, Owner a 100% Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than equal to the total construction cost as defined in Article 9 and inclusive of the Construction Manager’s 's fees. These bonds shall continue in effect for one (1) year after completion and acceptance of work. To be acceptable to the School District of Palm Beach County Owner as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions:: In case of default on the part of the contractor, all expenses incident to ascertaining and collecting losses under the bond, including both architectural and legal services, shall lie against the bond.
(a) 1. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(b) 2. The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(c) 3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
(d) 4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.
(e) 5. If the Contract Award Amount exceeds $500,000.00500,000, the Surety Company shall also comply with the following provisions:
1. A. The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s 's Key Rating Guide. UP POLICY REQUIRED HOLDER'S FINANCIAL CONTRACT AMOUNT RATING RATING $ 500,000 TO 1,000,000 A- CLASS I 1,000,000 TO 2,000,000 A- CLASS II 2,000,000 TO 5,000,000 A- CLASS V III 5,000,000 TO 10,000,000 A- CLASS VI IV 10,000,000 TO 25,000,000 A- CLASS VII V 25,000,000 TO 50,000,000 A- CLASS VIII VI 50,000,000 TO 100,000,000 A- CLASS IXVII
2. B. The Surety Company shall not expose itself to any loss on any one risk in a an amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met.
(b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.
Appears in 1 contract
Sources: Building Construction Agreement