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THE AMERICAN INSTITUTE OF ARCHITECTS
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Bond #400SR0823
AM Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Sunshine Building & Development Corp.
P. O. Box 180958
Casselberry, FL 32718-0958
(407)339-6721
OWNER (Name and Address):
The City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799 (407)327-1800
CONSTRUCTlON CONTRACT:
Date:
Amount: $131,371.60
Description (Name and Location): Distribution Water Main Improvements, Florida Power Easement from Tuskawilla
Road to Northern Way, Winter Springs, Florida
BOND
Date (Not earlier than Construction Contract Date):
Amount: $131,371.60
Modifications to thi d:
CONTRACTOR A ,P
Company: Suns I
e~.r~tion
<'f r Seal)
(Any additi nal signatures appear on page 3)
SURETY (Name and Principal Place of Business):
St. Paul Fire and Marine Insurance Company
P. O. Box 1138
Baltimore, MD 21203
(410)205-0524
o None
IXI See Page 3
Signat e.
Name and Title: Robert Corley McLendo
Attorney-in-Fact and
Licensed Resident Agent
(FOR INFORMA TION ONL Y-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Fisher-Brown, Inc. other party):
PO Box 711
Pensacola, FL 32593-0711 (850) 432-7474
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. AlA.
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N. w., WASHINGTON, D. C. 20006
THIRD PRINTING' MARCH 1987
A312-1984 1
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1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through
independent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be
secured with performance and payment bonds
executed by a qualified surety equivalent to the
bonds issued on the Construction Contract, and pay
to the Owner the amount of damages as described in
Paragraph 6 in excess of the Balance of the Contract
Price incurred by the Owner resulting from the
Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefore to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefore.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of
an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the
Construction Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual
damages caused by delayed performance or non-
performance of the Contractor.
7 The Surety shall not be liable to the Owner or others
for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract
Price shall not be reduced or set off on account of any
such unrelated obligations. No right of action shall
accrue on this Bond to any person or entity other than
the Owner or its heirs, executors, administrators or
successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other
obligations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. AlA e
THE AMERICAN INSITlTUTE OF ARCHITECTS, 1735 NEW YORK AVE., N. W., WASHINGTON, 0, C, 20006
THIRD PRINTING. MARCH 1987
A312-1984 2
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able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this Bond
shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICA TlONS TO THIS BOND ARE AS FOllOWS:
";.it
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or
on behalf of the Contractor under the Construction
Contract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
The provisions and limitations of Section 255.05 or Section 713.23
or Section 713.245, Florida Statues, whichever Is applicable to
the contract, are Incorporated In this bond by reference.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.}
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal}
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal}
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 .PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.AIA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 3