Florida Administrative Code
60 - DEPARTMENT OF MANAGEMENT SERVICES
60D - Division of Building Construction
Chapter 60D-5 - PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES
Section 60D-5.0041 - Waiver of Bond Requirements

1. Copy of the project legislative budget request in the capital improvement plan;

2. Statement containing the chronology of the project anticipated bid date, completion date and final construction cost.

3. Statement from the project's design professional that the exemption of the requirement for performance bond and labor and payment bond will increase the probability of securing competitive bids within the project construction budget.

4. Copies of the approved construction documents for the project, including plans and specifications.

1. The sum of all claims made shall be divided into each individual claim thereby deriving a percentage value for each claim. The total retainage will then be multiplied by the percentage value and the result shall be the pro rata share of the retainage to be paid to the claimant; however, the payment shall not be more than the claim.

2. The final payment of retainage shall not be made until the project has been inspected by the Architect/Engineer or other person designated by the contracting authority for that purpose and until they have issued a written certificate that the project has been constructed in accordance with the approved plans, specifications and approved change orders and until the contracting authority has accepted the project, and until the contractor has supplied the contracting authority with signed and dated statements from all laborers, materialmen, and subcontractors as defined in Section 713.01, F.S., and identified under subparagraph 4., hereinafter, that they have no claims against the contractor for the work under the contract. Said statements shall identify the project by name and project number.

3. The contractor, before beginning work or within two workdays thereafter, shall post in a conspicuous place on the project site the following notice:

"Notice is hereby made to all those concerned and affected that ___ (CONTRACTOR'S NAME) is performing ___ (PROJECT NAME), ___ (PROJECT NUMBER) at ___ (LOCATION). All parties furnishing labor and/or materials to said project are to provide notice of such in writing by certified mail to the (AGENCY) within twenty days of first providing such labor and/or materials."

4. The contractor shall provide a certified list of all sub-contractors, laborers and material suppliers to the Agency within thirty days of its receiving its notice to proceed with the work. This list shall be updated thereafter each month with a certified statement that the list and its updates include the names and addresses of all of those sub-contractors, laborers, and material suppliers furnishing labor and/or material for the project.

5. The contractor shall provide a written statement with each pay request to the Agency which indicates how each payment requested will be distributed. This pay request breakdown shall define the disbursement intended for all of the funds requested.

6. When a contractor receives any payment it shall pay such moneys received to each sub-contractor and material supplier in accordance with Section 287.0585, F.S.

7. The contractor shall provide a written statement with all but the first payment request from each of the subcontractors, laborers and material suppliers indicated in subparagraph 4., above, that they have in fact received payment as indicated in the preceding statements. In the event any payment is not made as indicated on a prior statement noted in subparagraph 5., above, the contractor shall furnish an explanation as to the reasons for such deviation and shall request approval from the Agency.