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1. The Contractor and the Surety. jointly and severally, bind Construction Contract and to satisfy claims, if any, under any <br /> themselves, their heirs, executors, administrators, successors and Construction Performance Bond. By the Contractor furnishing and the <br /> assigns to the Owner for the performance of the Construction Contract. Owner accepting this Bond. they agree that all funds earned by the <br /> which is incorporated herein by reference. Contractor in the performance of the Construction Contract are dedicated <br /> 2. Wiih respect to the Owner,this obligation shalt be null and void if the to satisfy obligations of the Contractor and the Surety under this Bond, <br /> Contractor: <br /> 2.1. Promptly makes payment.directly or indirectly,for all sums due workect to the Owners priority to use the funds for the completion of the <br /> Claimants,and 9. The Surety shall not be liable to the Owner.Claimants or others for <br /> 2.2. Defends, indemnifies and holds harmless the Owner from an obligations of the Contractor that are unrelated to the Construction <br /> claims, demands. Bens or suits by any person or entity who Contract The Owner shall not be liable for payment of any costs or <br /> furnished labor, materials or equipment for use in the expenses of any Claimant under this Bond, and shall have under this <br /> performance of the Construction Contract.provided the Owner Bond no obligations to make payments to.give notices on behalf of,or <br /> has promptly notified the Contractor and the Surety (at the otherwise have obligations to Claimants under this Bond. <br /> address described in Paragraph 12)of any claims, demands. 10. The Surety hereby waives notice of arty change,Including changes <br /> Bens or suits and tendered defense of such claims,demands, of time,to the Construction Contract or to relate subcontracts.purchase <br /> Ws or suits to the Contractor and the Surety, and provided orders and other obligations. <br /> there Is no Owner Default 11. No suit or action shall be commenced by a Claimant under this Bond <br /> 3. With respect to Claimants,this obligation shall be null and void It the other than in a court of competent Jurisdiction in the location in which the <br /> C <br /> due ontractor promptly makes payment, directly or indirectly, for all sums work or part of the work is located or after the expiration of one year from <br /> the date (1) on which the Claimant gave the notice required by <br /> 4. The Surety shall have no obligation to Claimants under this Bond Subparagraph 4.1 or Clause 4.2 phi), or(2) on which the last labor or <br /> until service was performed by anyone or the last materials or equipment were <br /> 4.1. Claimants who are employed by or have a direct contract with furnished by anyone under the construction Contract,whichever of(1)or <br /> the Contractor have given notice to the Surety(at the address (2)first occurs. If the provisions of this Paragraph are void or prohibited <br /> described In Paragraph 12)and sent a copy,or notice thereof, by law, the minimum period of limitation available to sureties as a <br /> to the Owner, stating that a claim is being made under this defense in the jurisdiction of the suit shall be acceptable. <br /> Bond and,with substantial accuracy,the amount of the claim. 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 delivered to the address shown on the signature page. Actual receipt of <br /> Contractor notice by Surety,the Owner or the Contractor,however accomplished. <br /> 1. Have furnished written notice to the Contractor and sent a shag be sufficient compliance as of the date received at the address <br /> copy,or notice thereof,to the Owner,within 80 days after shown on the signature page. <br /> having test performed labor or last furnished materials or 13. When this Bond has been furnished to comply with a statutory or <br /> equipment included in the claim stating, with substantial other legal requirement in the location where the construction was to be <br /> accuracy, the amount of the claim and the name of the performed, any provision in this Bond conflicting with said statutory or <br /> party to whom the materials were furnished or supplied or legal requirement shall be deemed deleted herefrom and provisions <br /> for whom the labor was done or performed: and conforming to such statutory or other legal requirement shall be deemed <br /> 2. Have either received a rejection in whole or in part from incorporated herein. The intent is,that this Bond shall be construed as a <br /> the Contractor,or not received within 30 days of furnishing statutory bond and not as a common law bond. <br /> the above notice any communication from the Contractor 14. Upon request by any person or entity appearing to be a potential <br /> by which the Contractor has indicated the claim will be beneficiary of this Bond,the Contractor shall promptly furnish a copy of <br /> paid directly or indirectly: and this Bond or shah permit a copy to be made. <br /> 3. Not having been paid within the above 30 days,have sent 15. DEFINITIONS <br /> a written notice to the Surety(at the address described in 15.1.Claimant: An individual or entity having a direct contract with <br /> paragraph 12)and sent a copy, or notice thereof, to the the Contractor or with a subcontractor of the Contractor to <br /> Owner,stating that a claim is being made under this Bond furnish labor, materials or equipment for use in the <br /> and enclosing a copy of the previous written notice performance of the Contract. The inert of this Bond shall be <br /> furnished to the Contractor. to include without limitation in the terms labor, materials or <br /> 5. If a notice required by Paragraph 4 is given by the Owner to the equipment" that part of water, gas, power, light, heat, oil, <br /> Contractor or to the Surety,that is sufficient compiarce gasoline, telephone service or rental equipment used in the <br /> 6. When the Claimant has satisfied the conditions of Paragraph 4,the Construction Contract, architectural and engineering services <br /> Surety shall promptly and at the Surety's expense take the following required for performance of the work of the Contractor and the <br /> actions: Contractor's subcontractors, and all other items for which a <br /> 8.1. Send an answer to the Claimant, with a copy to the Owner, mechanic's Ben may be asserted in the jurisdiction where the <br /> within 45 days after receipt of the claim, stating the amounts labor,materials or equipment were furnished. <br /> that are undisputed and the basis for challenging any amounts 15.2.Constructiort Contract: The agreement between the Owner <br /> that are disputed. and the Contractor identified on the ture page.including <br /> 8.2. Pay or arrange for payment of any undisputed amounts. all Contract Documents and changes thereto. <br /> p g <br /> 7. The Surety's total obligation shall not exceed the amount of this 15.3.0wner Default: Failure of the Owner,which has neither been <br /> Bond, and the amount of this Bond shalt be credited for any payments remedied nor waived,to pay the Contractor as required by the <br /> made In good faith by the Surety. Construction Contract or to perform and complete or comply <br /> 8. Amounts owned by the Owner to the Contractor under the with the other terms thereof. <br /> Construction Contract shall be used for the performance of the <br /> (FOR INFORMATION ONLY—Name,Address and Telephone) <br /> AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): <br /> Nielson, Hoover & Associates <br /> 8000 Governor Square Blvd., #101 <br /> Miami Lakes, Florida 33016 <br /> (305) 722-2663 <br /> 08/12 00600-2 114179 <br /> EJCDC N .1910.2813(1984 Edition) <br /> Prepared through the joint efforts of the Surety Association of America,Engineers'Joint Contract Documents Committee,The Associated <br /> General Contractors.of America,American Institute of Architects,American Subcontractors Association.and the Associated Specialty <br /> Contractors. <br /> The provisions and limitations of Section 255.05 Florida Statutes. <br /> including but not limited to the notice and time limitations in <br /> Sections 255.05(2) and 255.05(10). are incorporated in this bond <br /> by reference. <br />