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HomeMy WebLinkAboutChinchor Electric Performance Bond -2002 01 22~ * * • * ~ ~ • Bond # OCN516294 PERFORMANCE BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Chinchor Electric Inc. P.O. Box 4311 Enterprise, Fl 32725 CONSTRUCTION CONTRACT Date: 01/21/2002 Amount: 108,395.96 OWNER (Name and Address): City Of Winter Springs 1126 East State Road 434 Winter Springs, Fl. 32708 SURETY (Name and Principal Place of Business): Old Republic Surety Company P.O. Box 4668 Winter Park, Fl. 32793 Description (Name and Location): Traffic Signalization at S.R. 434 & Vistawilla Blvd, Winter Springs, Fl. BOND Date (Not earlier than Construction Contract Date):O1/25/02 Amount: 108,395.96 Modificarions to this Bond: ® None ^ See Page 2 CON?RAC,'TOR AS PRINCIPAL Company: (Corporate Seal) Chinchor Electric Inc. Signature: -- °~ "'~"~ Name and T m Clifford, T s r (Any additional signatures appear on page 2.) (FOR INFORMATION Only- Name, Address and Telephone) AGENT or BROKER: Blackadar Insurance Agency, Inc. 407-831-3832 1 The Contractor and the Surety, jointly and severally, bind them- selves, 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 par- ticipate 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 con- sidering 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 Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, 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 declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and SURETY Company: (Corporate Seel) Old Republic mpany f Signatur Name and Title: PATRICIA V. HIELSCHER as Attorney in Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 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 accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense 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 Construction 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 com- pletion of the Construction Contract, arrange for a contract to be prepared 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 ORSC 22119 (10-93) Page 1 of 2