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HomeMy WebLinkAboutAmerican Standard Construction, Inc. Payment Bond -1994 09 27 " ., r I: I I 1 ; J l t , " :;1 ,; t. ~ h ' llft } ~r., : \,.: : ~>'-. . I,,'. r ,. ri: \. I" I " ( . " , ,'. 1 . ({ ~(, ir F I ) ~ . . <,~i . { ';, ; ~ , l I i ~ '.,~. I , 1[' . \)~ Ii' 1$ -', 1:: Ii' THE AMERICAN INSTITUTE OF ARCHITECTS I BOND ARB 002329 AlA Document A312 . Payment Bond Any singular reference lo Contractor, Surety, Owner or other party shall be considered plural where applicilble. CONTRACTOR (Name and Address): AMERICAN STANDARD mNsTRucrION, INC. 1515 S. Orlando Avenue Maitland, Florida 32701 OWNER (Name and Address): CITY OF WINTER SPRINGS WINTER SPRINGS, FLROIDA 32708 SURETY (Name and Principal Place of Business): AMERICAN BANKERS INSURANCE m OF FLORIDA 8655 E. Via de Ventura scottsdale, AZ 85258 CONSTRUCTION CONTRACT Date: Amount: Fifty Four Thousand Three Hundred Twnety Five no1/00ths Description (Name and Location): Ren:;ofing at 1126 East S.R. 434 Municipal Canplex Winter Springs, Florida BOND ARB 002329 . Date (Not earlier than Construction Contract. Date): September 26, 1994 Amount: $54 325.00 Modifications to this Bond: 0 None 0 See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) ~lCAN ST~ ~UcrION, INC. SIgnature: AAu.I~ Name and Title: Alan Branson President (Any additional signatures appear on page 6) SURETY Company: (Corporate Seal) AMERICAN ~ INSURANCE CO OF FWRIDA Signature: -..1 (71 ~ - . Name and Tit,le: Carol A. Hopson Attorney-in-Fact & Florida Resident Agent (FOR INFORMA TJON ONL Y-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or C & D Insurance & Bonds, Inc. other party): 4241 Baymeadows Rd., Suite 9 Jacksonville, Florida 32217 AlA DOCUMENT AJll . PERf o R.Y.AN CE BOND ~D PAYMENT BOND. DECEMBER 196-4 ED. . AI^ ~ THE AMERICAN INSTITUTE Of ARCHITECTS. 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312.1984 4 i, 1 "' , 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contrilctor: 2.1 Promptly makes flilyment, directly or indirectly, for all sums due Clilill1ilnts, and 2.2 Defends, indemnifies and holds harmless the Owner from clilims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the pilyment for lilbar, ll1ilterials or equipment fur- nished for use in the perf armance of the Construdion Contract, provided the Owner has promptly notified the Contractor ilnd the Surety (at the address described in Paragrilph 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 pay- ment, directly or indirectly, for all sums due, 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who ,He 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 Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having Inst performed labor or Inst furnished mnterials or equipment included in the claim stating, with substantial accurilCY, the amount of the claim and the name of the party to whom the materiills 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 no- tice any communication from the Contractor by which the Contractor has indicnted the claim will be paid directly or indirectly; nnd .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) nnd 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 the Surety, that is suffi. cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly nnd at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stnting the nmounts that Me undisputed and the basis for challenging any amounts that are disputed. 6.2 Pny 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 80nd shall be credited for any payments made in good faith by the SLJrety. o Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perlor- mnnce of the Construction Contract and to satisfy claims, if any, under nny Construction Perlormance 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, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor thnt are unrelat- ed to the Construction Contrnct. The Owner shall not be liable for payment of any costs or expenses of any Claim- nnt under this Bond, and sholl have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or nction shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is locnted or after the expiration of one year from the date (1) on which the Claimnnt gave the notice required by Subparngraph 4.1 or Cl,llIse 42.3, or (2) on which the lnst labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the sLlit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shnll be mniled or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Controctor, however accomplished, Shill I be sufficient compli,1I1ce as of the date received at the address shown 0/1 the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the /ocntion where the construction was to be performed, any provision in this Gond conflicting with snid statutory or legal requirement shall be deemed deleted here from and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AlA DOCUMENT A)12' p[I(rORMANCE UONO AND PAYMENT 1l0ND. DJ:<:tMllr:lI19114 ED.. AlA"' HIE AMERICAN INSTITUTE Of AHCHIHCTS. 17)S NEW YORK AVE.. N.W.. WASIIINGTON.O.C. 21XXlr. TllIt:'n f"OI",ITINr . ~p,rrll lflf\1 ^312-'904 5 ...~ Bond shall be construed as a statutory 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 equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in thfi! MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and 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 sig- nature 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 Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. CONTRACTOR AS PRINCIPAL Company: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A312 . PERfORMANCE 80ND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA ~ THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTINC . MARCH 1987 WARNING: Unlicensed photocopying vlolat.. U.S. copyright la~ and la 8ubJact to lega' prosecution. A312-1984 6 ."f"Y; I ~ ,. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA Administrative Office: 8655 E. Via de Ventura Scottsdale, Arizona 85258 GENERAL POWER OF ATTORNEY GPA 1 505 6 POWER OF A1TORNEY VAUD IF NUMBERED IN RED Know All Men by These Presents, 111at American Bankers l11sufanceqom{la!ly QfFIQrida, aC()fporation dilly Qrganized and existing under the laws of the State of Florida, and having its administrative office in Miami, Dade County,Floridli does by !I1~ prc:s~ts make, co~titute and appoint "..CAROL A; 1l0PSON.". of Jacksonville and State of Florida its thIe arulJawlillAtt()lltey:iJl.Fllct,withtidlpoWlli" anllauthority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, ifa $Calis required, on b<mdg,undertl\kings, reCO!l!1izance, consents of surety, or other written obligations in the nature thereof, as follows ...CONTRACf BONDS (S.B.A. GUARANTEE AGREEMENT) MAXIMUM1'ENALTY". $500.000.00... "THIS POWER OF A7T0RNEY SHALL TERMINATE AND BE OFNO FURTllEll EFFECT APTER DEe. J/. 199./" and to bind the Company thereby as fully and to the same ext~nt as ifsucllbOndswere si$l1edbythe President, sealed with the corporate seal of the Company and duly attested by the Secretary, hereby ratiJying and confirming all thlttth~ saidJ\ttofl1ey~in-Factfl1aY<loin the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors ofthe American Bankers Insurance Company of Florida, by unanimous consent on the 29th day of July, 1993. In witness whereof, American Bankers Insurance Company of Florida has caused these presents to be si!l!1ed by its Executive Vice President of American Reliable Insurance Company and its corporate seal to be hereto affixed tbis -1L day of August ,AD., 1994. Al\1ERICAN BANKERS INSURANCE COMI'ANY OF FLORII>A State of Arizona SS: County of Maricopa On this ~ day of AUl!.ust . in the year 1994 . before me Christine Y. Schmidt , a notary public, personally appeared Grel!. Hintz ,personally known to me to be the person who executed the within instnullent as Executive Vice President of American Reliable Insurance Comoanv on behalf of the corporation therein named and acknowledged to me that the corporation executed it. OffICIAL SEAL (j CHRISTINE y, SCHMIDT Notary Public. State o' ArIzona MARICOPA COUNTY My Comm. Expires Jan. 17, 1991 L~t~I1-.~ NOTARYPUDLlC RESOLUTION OF TIlE BOARD OF mHECTOHS OF AMElHCAN llANKEHS INSURANCE COMPANY OF FLORIDA \VIlEREAS, it is necessary for the effectual transaction of business that this Company appoint agents and attomeys with power and authority to act for it and in its name in the states and territories of the United States. RESOLVED, that the Company do and it hereby does authorize and empower the Executive Vice President of American Reliahle Insurance Company in conjunction with its Secretary or one of its Desi!l!1ated Signers, under its corporate seal, to appoint any person or persons to act as its true and lawful attomey-in-fact, to execute and deliver any and aU contracts, guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the perfonllances of contracts other than insurance policies and executing or guaranteeing bonds and undel1akings, required or penllitted to all actions or proceedings, or by law allowed; and FURTHER RESOLVED, that the signature of any officer authorized by resolutions of this Board and the Company seal may be affixed by facsimile to any power of attomey or special power of attomey or certification of either given for the execution of any bond, undel1aking, recognizance or other written obligation in the nature thereof, such si!l!1ature and seal, when so used being hereby adopted by the Company as the original signature of such omcer and the original seal ofthe Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. I certiJy the above is a true copy of a resolution adopted by unanimous consent by the Board of Directors of AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, on July 29, 1993. ~atL/M ~ SECRETARY I, the undersigned Secretary of American Bankers Insurance Company of Florida hereby cel1ify that the above and foregoing is a full, tOle and correct copy of the Original Power of Attomey issued by said Company, and do hereby ftu1her eertil'Y that the said Power of Attol11ey is still in force and efl;"cl. And I do hereby further certiJy that the Cel1ifieate of this Power of Attomey is signed and scaled by facsimile under and by the authority of the fi,lIowing resolution adopted by the Board of Directors of the American Bankers Insurance Company of Florida by unauimous consent on the 291h day of July, 1993, and that said resolution has not been amended or repealed: "Resolved, that the signature of the Secretary of the Corporation, and the seal of the Corporation, m'IY be afIixed or printed by facsimile to any certificate to a Power of Attomey of this Corporation, and that such printed facsimile signature and seal shall be valid and binding uponlhis Corporation" Given under my hand and the seal of said Company, this 26 t~yof ~ppt-pmhPr ,19-----94 ~atL/M ~ SECRETARY T1lJS POWER OF ATTORNEY EfHCfIVE ONLY IF ATT ACHED TO 1l0ND NO. ARB 002329