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Home My WebLink About2004-200B 1573919 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 1778 PG : 777 , 08 / 31 / 2004 10 : 54 AM * * * * Bond # OCN545279 * * PERFORMANCE BOND * * The American Institute of Architects, * * AIA Document No . A312 (December, 1984 Edition) * * * Any singular reference to Contractor, Surety , Owner or other party shell be considered plural where applicable . CONTRACTOR (Name and Address) : OWNER (Name and Address): Underground Utilities, Inc. Indian River County Board of County Commission 390 - 21st Street, S.E. 2625 - 19th Avenue Vero Beach, FL 32%2 Vero Beach, FL 32960 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): Old Republic Surety Company Date: P.O. Box 4668 Amount $ 167,500.00 Winter Padc, FL 327934668 Description (Name and Location): IRC Bid # 6088; Water Main Project along U.S. Highway #1 from Garden Grove to Grove Isle Estates. Bond # OCN545279 Date (Not earlier than Construction Contract Date): August 26, 2004 Amount. 5209,375.00 Modifications to this Bond : ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY CompaltX ' t �� i ' : , ' •_'' (Corporate Seal) Company : ( Orporpts'8eel) UOld Republic Surety Company , - . A pi G Slgrvp/iA : ; 'u Signature: Name and h Prpcii&Rt Name and Ty1f James E. Didm2eyer, 0•1 (Any additionIalpn>♦ty'r1q. Baer on page 2.) �- (FOR INFORMATION Only- Name, Address end Telaphone) OWNER'S REPRESENTATIVE (Architect, Engineer or either AGENT or BROKER : The Didcmeyar Agency party): 607 SL Lucie Crescent, Stuart, FL 34994 1 The Contractor and the Surety, jointly and severally, bind them- 3.3 The Owner has agreed to pay the Balance of the Contract Price selves, their heirs, executors, administrators, successors and assigns to the Surety In accordance with the terms of the Construction to the Owner for the performance of the Construction Contract, which Contract or to a contractor selected to perform the Construction Is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract, the Surety and Owner. the Contractor shall have no obligation underthle Bond, except to par- 4 When the Owner has satisfied the oondltions of Paragraph 3, the ticipete In conferences as provided in Subparagraph 3. 1 . Surety shall promptly and at the Surety's expense take one of the 3Ifthere Is no Owner Default/ the Surety's obligation under this Bond following actions: shall arise after: 3. 1 The Owner has notified the Contractor and the Surety at Its 4. 1 Arrange for the Contractor with consent of the Owner, to address described in Paragraph 10 below that the Owner Is con- perform and complete the Construction Contract; or sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the 4.2 through to o.T Undertake tperform and complete or through Independent contractors; ct ts the Construction Contra Surety to be held not later than firteen days after receipt of such or notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner, the Contractor and the Surety agree, the Contractor acceptable to the Owner for a contract for performance and com- shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract, arrange for a contract to be tract, but such an agreement shall notweive the Owner's right, if prepared for execution by the Owner and the contractor Wanted any, subsequently to declare a Contractor Default; and with the Owner's concurrence, to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractors right to complete the contract Such the bonds Issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 In after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner In Subparagraph 3. 1 ; and resuming from the Contractors default; or ORSC 22110 (10-93) Page 1 of 2 BK : 1778 PG : 778 4.4 Waive Its right to perform and complete , arrange for completion, accrue on this Bond to any person or entity other than tits Owner or Or obtain a new contractor and with reasonable promptness under its heirs, executors, administrators or successors. the circumstances: i The Surety hereby waives notice of any change , including changes A After investigation, determine the amount for which It may of time , to the Construction Contract or to related subcontracts , be liable to the Owner and , as soon as practicable after purchase orders and other obligations. the amount Is determined, tender payment therefor to the S Any proceeding, legal or equitable, under this Bond may be Owner; or instituted in any court of competent jurisdiction in the location in which .2 Deny liability in whole or in part and notify the Owner citing the work or pert of the work Is located and shall be instituted within reasons therefor. two years after Contractor Default or within two years after the Con- i If the Surety does not proceed as provided In Paragraph 4 with tractor ceased working or within two years after the Surety refuses reasonable promptness, the Surety shall be deemed to be in default or falls to perform its obligations under this Bond, whichever occurs on this Bond fifteen days after receipt of an additional written notice first. lf the m period of this Paragraph are void or prohibited of law, from the Owner to the Surety demanding that the Surety perform its the minimum period of limitation available to sureties as a defense Obligations under this Bond, and the Owner shag be entitled to enforce In the Jurisdiction of the suit shall be applicable . any remedy available to the Owner. If the Surety proceeds as provided 10 Notice to the Surety, the Owner or the Contractor shall be mailed In Subparagraph 4.4, and the Owner refuses the payment tendered or delivered to the address shown on the signature page . or the Surety has denied liability, In whole or in part, without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner. to be performed, any provision In this Bond conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted herefrom and the Construction Contract, and if the Surety elects to act under provisions conforming to such statutory or other legal requirement Subparagraph 4. 1 , 4.2, or 4.3 above, then the responsibilities of the shall be deemed incorporated herein. The Intent Is that this Bond shell Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond . under the Construction Contract, and the responsibilities of the Owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price The total amount payable by Construction Contract. To the limit of the amount of this Bond, but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract alt proper adjustments have been made , including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract, the Surety is obligated without duplication for: Owner In settlement of insurance or other claims for damages to 6.1 The responsibilities of the Contractor for correction of defec- which the Contractor Is entitled, reduced by all valid and proper tive work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 9.2 Additional legal design professional and delay costs resulting 12,2 Construction Contract The agreement between the Owner from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and and the Contractorsidentifiedch the signature page , including all DocumentsContract Documents enddchanges thereto . 6.3 Liquidated damages, or if no liquidated damages are speci- 12,3 Contractor Default: Failure of the Contractor, which has neither fied in the Construction Contract. actual damages caused by been remedied nor waived, to perform or otherwise to comply with delayed perlbrnance or non-performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default: Failure of the Owner, which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived, to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set oft on Construction Contract or to perform and complete or comply with account of any such unrelated obligations. No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties other than those appearing on the cover page . ) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seat) Company : Company : Address: Address: Name and Title: Name and Title: Signature: Signature: ORSC 22119 (1083) Petile 2 of 2