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<br />1. 'Me Contractor and the Surety, jointly and severally, bind themselves,
<br />funds earned by the Conrrauar in the perfbrmancc of the Construction Contract
<br />their heirs, executors, adnurtistrators, successors and assigns to die Owner for
<br />are dedicated to satisfy obligations of the Contractor and the Stt-cty under this
<br />the performance of the Construction Contract. which is incorporated herein by
<br />Bond, subject to the Owner's priority to use the funds for the completion of tiic
<br />re owe.
<br />work.
<br />2. With respect to the Owner, this obligation shall be null and void if the
<br />9. The Surety shall not be liable to the Owner, Claimants or others for
<br />Contractor:
<br />ohligations of the Contractor that arc unrelated to the Consrruction Contract.
<br />2.1. Promptly makes payment, directly or indirectly, for all sums due
<br />The Owner shall not be liable for payment of any costs or expenses of any
<br />Claimants, and
<br />Claimant under this Band, and shall have under this Bond no obligations to
<br />2.2. Dofcuds, inde►nrufics and holds hanriless the Owner from all claims,
<br />nuke paymenty w, give notices on behalf of, or otherwise have obligations to
<br />demands, licris or suiLa by any person or entity who furnished lahor,
<br />Claimants under thus Bond.
<br />nnaterialk or equipment for use in the performance of the
<br />10. The Surety hereby waives notice of any change, including changes of
<br />Construt_don Contract. provided the Owner has promptly ►notified
<br />time, to the Construction Cotimact or to relate sutx:ontracts, purt:lrase orders
<br />the Contractor and the Surety (at the address described in Paragraph
<br />and other obligations.
<br />12) of any daitns, demands, liens or suits and tendered defense of
<br />11. No suit or action shall be commenced by a Claimant under this Boud
<br />such claims, demands, liens or suits to the C:ontracuir and the
<br />other that► in a court of competent jurisdiction in the location in which the work
<br />Surety, and provided there is no Owner Dch, ult.
<br />or part of the work is located or after the expiration of one year from the date
<br />3. With respect to Claimants, this obligation shall be null and void if the
<br />(1) on which the Claimant gave the notice required by Subparagraph 4.1 or
<br />Contractor promptly makes payment, directly or indirectly, for all sums due.
<br />Clause 4.2 (iii), or (2) on which the last labor or service was performed by
<br />4. 'I'he Surety shall have no obligation to Claimants under this Bond until:
<br />anyone or the last materials or equipment were furnished by anyone under the
<br />4.1. Claimants who arc employed by or have a direct contract with the
<br />construction Contract, whichever of (1) or (2) first occurs. Ii the provisions of
<br />Contractor have given noticc to the Surety (at the address described
<br />this Paragraph are void or prohibited by law. the minimum peri(A of limitation
<br />in Paragraph 12) and sera a copy, or notice thereof, to the Owner,
<br />available to sureties aK a defen%c in the jurisdiction of the suit shall be
<br />, rNting that a ciaun is being made under this Bond and, with
<br />acceptable.
<br />substantial accuracy, the amount of die claim.
<br />12. Notice to the Surety, the Owner or the Contractor shall be mailed or
<br />4.2. Claimants who do not have a direct contract with the Contractor:
<br />delivered to the address shown on the signature page. Actual receipt of notice
<br />1. IIave furnished written notice to the Contractor and sent a
<br />by Surety, the Owner or the Contractor, however accomplished, shall be
<br />copy, or notice thereof, to the Owner, within 90 days• after
<br />sufficient compliance as of the date received at the address shown on the
<br />having last performed labor or lase furnished materials or
<br />signature page.
<br />equipment included in the claim stating, with substantial
<br />1.3. When this Bond has bccn furnishctl to comply with a statutory or othtr
<br />accuracy, the aniount of the claim and the name of the party to
<br />legal requirement in the location where the construction was to he performed,
<br />whom the materials were furbished or supplied or for whom
<br />any provision in this Bond cuntlicting with said statutory or legal requirement
<br />the labor was done or performed! and
<br />shall be deemed deleted herefrom and provisions conforming to such statutory
<br />2. Have eidier received a rejection in whole or in part from the
<br />or other legal requirement shall be deemed incorporated Herein. The intent is,
<br />Contractor, or not received within 30 days of furnishing the
<br />that this Bond shall be construed as a statutory bond and not as a con►inon law
<br />above notice any communication from the Coiw•actor by which
<br />bond.
<br />the Contractor has indicated the claim with be paid directly or
<br />14. Upon request by any parson or entity appearing to be a potential
<br />inolirtcdy: and
<br />beneficiary of this Bond, the Contractor shall promptly furnish a copy of this
<br />3. Not [laving been paid within the above 30 days, have sent a
<br />Bond or shall Permit a copy to be made.
<br />written notice to the Surety (at the address described in
<br />15. DEPINYTIONS
<br />paragraph 12) and sent a copy, or notice thereof, to the
<br />15.1. Claimant: An individual Or entity having a direct contract with the
<br />Owner, stating that a claim is being made under thtis Bond and
<br />Contractor or with a subcontractor of the Contractor to furnish
<br />enclosing a copy of the previous written notice furnished to the
<br />tabor, materials or ecli,ipmcnt for use in the performance of the
<br />Contractor.
<br />Contract. The intent of this Bond shall be to include without
<br />5. If a notice required by Paragraph 4 is given by the Owner to the
<br />limitation in the terms "labor, materials or equipment" that part of
<br />Contractor or to the Surcry, that is sufficient compliance.
<br />water, gas, ppwer, light, heat, oil, gasoline, telephone service or
<br />6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety
<br />rental equipment used in the COnSLrUetle►t Contract. architectural
<br />shall promptly and at the Surety's expense take the following actions:
<br />and engineering services required for performance of the work of
<br />6.1. Send an answer to the ClaiTuatet, with a copy to the Owner, within
<br />the Contractor and the Contractor's subcontractors, and all other
<br />45 days after receipt of the claim, stating the amounts that are
<br />items for which a mechanic's lien may be asserted in the jurisdiction
<br />undisputed and the basis for challenging any amounts that arc
<br />where the labor, materials or equipment were furtushcd_
<br />disputed.
<br />15.2_ Construction Contract_ Tlie agreennent between the Owner and the
<br />5.2. ,fay or arrange for payment of any undisputed amounts.
<br />Contractor identified on the signature page, including all Contract
<br />7. Tlie Surety's total obligation shall not exceed the amount of this Bond,
<br />Documents and changes thereto_
<br />and the amount of this Bond shall he credited for any payments made in good
<br />15.3.0wrier Default: Failure of the Owner, which has neither been
<br />faith by the Surety.
<br />remedied nor waived, to pay the Contractor as required by the
<br />8. Amounts owned by the Owner to the Contractor under the Construction
<br />Construction Contract or to perforin and complete or comply with
<br />Contract shall be used for the performance of the Construction Contract and to
<br />[lie oilier terns thereof.
<br />satisfy_ claims, if airy; under any Constriction Pr- rforrnance Bond. By die
<br />Contractor furnishing and the Owner a �n157�D89� ah�,j C4rtU lt�ttit<➢E�tl � with wflon 255.05 Florida
<br />5tattatw,
<br />and any mcdonID ilnN10
<br />by 1$1 cehAmi nt under this
<br />bud for payment must be in mordalnc a with the notice allind
<br />time limitation wrovisions An S�ddoln 255.00. Florida Mutes.
<br />(FOIL INFORMATION ONLY —Name, Address anti Telephone)
<br />AGENT or BROKER: OWNER'S REPRESENTATIVF (Architect, Engineer or other party):
<br />Nielson, Alter & Associates
<br />5979 Northwest 151st Street, #105
<br />Miami Lakes, Florida 33014
<br />(305) 722 -2663
<br />EJCDC No. 1910 -28B (1984 Edition)
<br />Prepared through the joint efforts of the Surety Association of America, F,ngineers' Joint Contract Documents Committee, Tlie Associated
<br />General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
<br />Contractors.
<br />lyr' }'•
<br />03- 4122.D..'
<br />March 2007
<br />00600 -2
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