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(08-06-01) Atlantic Isle Roadway and Utility Improvements
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Solo Construction Corp.
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Last modified
7/16/2010 4:23:53 PM
Creation date
8/22/2008 2:47:32 PM
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CityClerk-Bids_RFP_RFQ
Project Name
Atlantic Isles Roadway and Utility Improvements
Bid No. (xx-xx-xx)
08-06-01
Project Type (Bid, RFP, RFQ)
Bid
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<br />1. Bidder and Surety, Jointly and severally, bind <br />themselves, their heirs, exeoutors, administrators, <br />successors and assigns to pay to Owner upon default of <br />BIdder any difference between the total amount of Bidder's <br />bid and the total amount of the bid of the next lowest, <br />responsible and responsive bidder as determined by Owner <br />for the Work required by the Contract Documents, provIded <br />that: <br />1.1. lf there is no such next iowest, responsible and <br />responsive bidder, and Owner does not <br />abandon the Project, then Bidder and Surety <br />shall pay to Owner the penal sum set forth on <br />the face of this Bond, and <br />1.2. In no event shall Bidder's and Surety's obligation <br />hereunder exceed the penal sum set forth on <br />the face of this Bond. <br /> <br />2. Default of Bidder shall occur upon the failure of Bidder <br />to deliver within the lime required by the Bidding Documents <br />(Dr any extension thereof agreed to In writing by Owner) the <br />executed Agreement required by the Bidding Documents <br />and any performance and payment bonds requIred by the <br />Bidding Documents and Contract Documents. <br /> <br />This obligation shall be null and vord If: <br />3.1. Owner accepts BIdder's bid and Bidder Clelivers <br />within the lime requIred by the Bidding <br />Documents (or any extension thereof agreed to <br />in writing by Owner) the executed Agreement <br />required by the BIddIng Documents and any <br />performance and payment bonds requirea by <br />the BiddIng Documents and Contract <br />Documents, or <br />3.2. All bIas are rejected by Owner,. or <br />3.3. Owner falls to issue a notice of award to BIdder <br />within the tlme specified in the Bidding <br />Documents (or any extension thereof agreed to <br />in wrIting by Bidder and, If applicable, consented <br />to by Surety when required by paragraph 5 <br />hereof). <br /> <br />4. Payment under thIs Bond will be due and payable <br />upon default by Bidder and withIn 30 calendar days after <br />receipt by Bidder and within 30 calendar days after receipt <br />by BIdder and Surety of written notice of default from Owner, <br />which notice will be given with reasonable promptness, <br />identifying this Bond and the Project and Including a <br />statement of the amount due. <br /> <br />3. <br /> <br />5. Surety waives notice of and any and all defenses <br />baseo on or arIsing out of any time extension to Issue notice <br />of award agreed to in wrillng by Owner and Bidder, provided <br />that the total time for Issuing notice of award including <br />extensions shall not in the aggregate exceed 120 days from <br />Bid Due Date without Surety's written consent. <br /> <br />6. No suIt or action shall be commenced under this Bond <br />prior to 30 oalendar days after the notice of default, as <br />required In Paragraph 4 above, is received by Bidder and <br />Surety and In no case later than one year after Bid Due <br />Date. <br /> <br />7. Any suit or action under this Bond shall be <br />commenced only in a court of competent Jurisdiction located <br />In the state In which the Project is located. <br /> <br />8. Notices required hereunder shall be In writlng and <br />sent to Bidder and Surety at their respective addresses <br />shown on the face of this Bond. Such notices mey be sent <br />by personal delivery, commercial courier or by Unlled States <br />Registered or Certified Mall, return receipt requested, <br />postage pre-paid, and shaJJ be deemed to be effective upon <br />receIpt by the party concerned. <br /> <br />9. Surety shall cause to be attached ..to this Bond a <br />current and effective Power of Attorney evidencIng the <br />authority of the officer, agent or representative who executed <br />this Bond on behalf of Surety to execute, seal and deliver <br />such Bond and bind the Surety thereby, <br /> <br />10. This Bond Is intended to conform to all applicable. <br />statutory requirements. Any appllcable requirement of any <br />applicable statute that has been omitted from this Bond shall <br />be deemed to be included herein as If set forth at length. If <br />any provision of this Bond confllcts with any applicable <br />provision of this Bond conflicts with any applicable prOVIsion <br />of any applicable statute, then the proviSion of. said statute <br />shall govern and the remainder of this Bond that is not in <br />conflict therewith shall continue in full force and effect. <br /> <br />11. The tenn "bid" as used herein Includes a bid, offer or <br />proposal as applicable. <br /> <br />05/08 Final Version <br /> <br />00401-2 <br /> <br />05-4893 <br />
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