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100% of the contract price. <br />4.5.2. Failure of the successful Proposer to execute a Contract, file any required <br />Performance and Payment Bonds, and furnish evidence of appropriate insurance <br />coverage's (including evidence of workers compensation coverage if required by <br />this RFP within seven (7) business days after written notice of award has been <br />given, shall be just cause for the annulment of the award and the forfeiture of the <br />bid bond to the City, which forfeiture shall be considered, not as a penalty, but as <br />liquidation of damages sustained. <br />4.5.3. Within seven (7) business days after the Contract Award or prior to <br />commencement of any work, whichever is sooner, the Successful Proposer shall <br />execute and furnish to City a performance bond and a payment bond, each written <br />by a corporate surety, having a resident agent in the State of Florida and having <br />been in business with a record of successful continuous operation for at least five <br />(5) years. The surety shall hold a current certificate of authority from the Secretary <br />of Treasury of the United States as an acceptable surety on federal bonds in <br />accordance with United States Department of Treasury Circular No. 570. If the <br />amount of the Bond exceeds the underwriting limitation set forth in the circular, <br />in order to qualify, the net retention of the surety company shall not exceed the <br />underwriting limitation in the circular and the excess risks must be protected by <br />coinsurance, reinsurance, or other methods, in accordance with Treasury Circular <br />297, revised September 1, 1978 (31 DFR, Section 223.10, Section 223.11). Further, <br />the surety company shall provide City with evidence satisfactory to City, that such <br />excess risk has been protected in an acceptable manner. The surety company shall <br />have at least the following minimum qualifications in accordance with the latest <br />edition of A.M. Best's Insurance Guide, published by Alfred M. Best Company, Inc., <br />Ambest Road, Oldwick, New Jersey 08858: <br />Financial Stability - A <br />Financial Size - Vlll <br />4.5.4. Two (2) separate bonds are required and both must be approved by the City. The <br />penal sum stated in each bond shall be the amount equal to the total amount <br />payable under the terms of the contract. The performance bond shall be <br />conditioned that the Successful Proposer perform the contract in the time and <br />manner prescribed in the contract. The payment bond shall be conditioned that <br />the Successful Proposer promptly make payments to all persons who supply the <br />Successful Proposer with labor, materials and supplies used directly or indirectly <br />by the Successful Proposer in the prosecution of the work provided for in the <br />contract and shall provide that the surety shall pay the same in the amount not <br />exceeding the sum provided in such bonds, together with interest at the maximum <br />rate allowed by law; and that they shall indemnify and save harmless the City to <br />the extent of any and all payments in connection with the carrying out of said <br />contract which the City may be required to make under the law. The bond shall <br />insure payment of laborers, material suppliers, and subcontractors and the timely <br />completion of the project and be in a form acceptable to the City. <br />City of Parkland RFP 2021-03 Page 24 <br />