HomeMy WebLinkAboutBruce McGonigal, Inc. Payment Bond -1997 07 23
THE AMERICAN INSTITUTE OF ARCHITECTS
I
BOND NO. CSB0900108
AlA Document A3 12
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where appliC<lble.
CONTRACTOR (Name and Address):
BRUCE MCGONIGAL, INC.
3940 MOORES STATION RD
SANFORD, FL 32773-6523
SURETY (Name and Principal Place of Business):
CUMBERLAND SURETY INSURANCE COMPANY
367 WEST SHORT STREET
LEXINGTON, KY 40507
OWNER (Name and Address):
THE CITY OF WINTER SPRINGS
.1126 E. SR 434
:WINTER SPRINGS, FL 32708
; CONTSTRUCTION CONTRACT
Date:
Amount: $159,400.92
Description (Name and Location):
GREENSPOINTE RECLAIMED WATER MAIN EXTENSION
BOND
Date (Not earlier than Construction Contract Date):
Amount: $159,400.92
Modifications to this Bond:
o None
119 See Page 6
CONTRACTOR AS PRINCIPAL
Comgany;
BRUCE MCGO
SURETY
Company: (CorPQrate Seal)
CUMBER~AND SURETY INSURAN~E COMPANY
Signature:
Name and Title: JAM
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER:
POE & BROWN, INC.
P.O. BOX 2412
DAYTONA BEACH, FL 32115-2412
(904) 252-9601
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
AlA DOCUMENT AJ12 . rERfORMANCE BOND AND PAYMENT BOND. DlCEMIlER 1')114 lO. . AlA @
TilE AMERICAN INSTITUI[ OF ARCIIIHCTS. 1735 NEW YORK Ave. N.W.. WASIIINGION; D.C. 20006
A312-1984 4
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, succes-
sors and assigns to the Owner to pay for labor, materials and
equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by
reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for
all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner
from all claims, demands, liens or suits by any person or
entitywho furnished labor, materials or equipment for use
in the performance of the Construction Contract, pro-
videdthe Owner has promptly notified the Contractorand
tl~e Surety (at the address described in Paragraph 12) of
any claims, demands, liens or suits and tendered defense
of such claims, demands, liens or suits to the Contractor
and the Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be null and
void if the Contractor promptly makes payment, directly or
indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and sent
a copy, or notice thereof, to the Owner, stating that a claim
is being made under this Bond and, with substantial
accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the Owner,
within 90 days after having last performed labor or
last furnished materials or equipment included in
the claim stating, with substantial accuracy, the
amount of the claim and the name of the party to
whom the materials were furnished or supplied or
for whom the labor was done or performed; and
.2 Have either received a rejection in whole or in part
from the Contractor, or not received within 30 days
of furnishing the above notice any communication
from the Contractor by which the Contractor has
indicated the claim wi-I be paid directly or indirect-
ly; and
.3 Not having been paid within the above 30 days,
have sent a written notice to the Surety (at tl~e
address described in Paragraph 12) and sent a copy,
or notice thereof, to the Owner, stating that a claim
is being made under this Bond and enclosing a
copy of the previous written notice furnished to
the Contractor.
5 If a notice required by Paragraph 4 is given by the Owner
to the Contractor or to tl~e Surety, that is sufficient compli-
ance.
6 When the Claimant has satisfied the conditions of Para-
graph 4, the Surety shall promptly and at the Surety's expense
take the following actions:
G.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating the
amounts that are undisputed and the basis for challenging
any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the amount
of this Bond, and the amount of this Bond shall be credited
for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under
any Construction Performance Bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree
that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy obligations
of the Contractor and the Surety under this Bond, suk>ject to
the Owner's priority to use the funds for the completion of
the work.
9 The Surety shall not be liable to tl~e Owner, Claimants or
others for obligations of the Contractor that are unrelated, to
the Construction Contract. The Owner shall not be liable for
payment of any costs or expenses of any Claimant under this
Bond, and shall have under this Bond no obligations to make
payments to, give notices on behalf of, or othenvisc have
obligations to Claimants under this Bond.
10 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.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent jurisdic-
tion in the location in which the work or part of the work. is
located or after the expiration of one yeas frorrr the date (1) an
which the Claimant gave the notice required- by Subpara-
graph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or
service was performed by anyone or the last materials or
equipment were furnished by anyone under the Constnrc-
tion Contract, whichever of (1) oc (2) first occurs:' If the
provisions of this Paragraph are void or prohibited by {aw, the
minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the signature
page. Actual receipt of notice by Surety, the Owner or the
Contractor, however accomplished, shall be sufficient com-
pliance as of the date received at the address shown on the
signature page.
13 When this Bond has been furnished to comply with a
statutoryor 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
AIA DOCUAtENT AJ12 • PERFORMANCE 130ND AND PAYMENT f30ND • DEC[MOEK 1904,ED. • AIA QY
THE AMERICAN INSTITUTE OF ARCIiITECTS, 1735 NEW YORK AVE., N.W., 1NASHINGTON, D.C. 20006 A312-1984 $
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deemed deleted herefrom and provisions conforming to
such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be
construed as a statu~ory bond and not as a common law
bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy to
be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for
use in the performance of the Contract. The intent of this
Bond shall be to include without limitation in the terms
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
"labor, materials or equipment" that part of water, gas,
power, light, heat, oil, gasoline, telephone service or
rental equipment used in the Construction Contract,
architectural and engineering services required for perfor-
mance of the work of the Contractor and the Contractor's
subcontragors, ~Q9 all other items for which a mechanic's
lien may be asserted in the jurisdiction where the labor,
materials or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the signature
page, including all Contract Documents and changes
thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Contractor
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 FLORIDA STATUTES,
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:
SURElY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA i!ll
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006
A312-1984 6