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HomeMy WebLinkAboutPublic Construction BondBOND NO.: 3344430 Executed in 2 Counterparts PUBLIC CONSTRUCTION BOND BY THIS BOND, We, Brewer Paving & Development, Inc., 3190 Grissom Parkway, Cocoa, FL 32926, (321) 636-4645, as Principal and Great American Insurance Company, 580 Walnut Street, Cincinnati, OH 45202 (513) 369-5000, a corporation, as Surety, are bound to City of Cape Canaveral, 105 Polk Avenue, Cape Canaveral, FL 32920, (321) 868-1221, herein called Owner, in the sum of $1,061,937.05, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated February 5th, 2010, between Principal and Owner for construction of Phases I & III Ridgewood Avenue Improvements Project, located at From Grant Avenue to East Central Boulevard, Cape Canaveral, Florida the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorneys' fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities. connected with the contract or the changes does not affect Surety's obligation under this bond._ DATED February 1 lth, 2010. BY: BY: Brewer Paving & Development, Inc. GreatAmerica Insurance Company.,,, '' ennifer LcCarta Attorney In fact & Florida Licensed Resident Agent : v Inquiries: (407) 834-0022 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SEVEN No.0 18223 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. J.W. GUIGNARD BRYCE R. GUIGNARD PAUL J. CIAMBRIELLO M. GARY FRANCIS Name APRIL L. LIVELY MARGIE MORRIS JENNIFER L. MCCARTA Address ALL OF LONGWOOD, FLORIDA Limit of Power ALL $75,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 12TH day of JANUARY 2009 . Attest GREAT AMERICAN INSURANCE COMPANY )t'f';t'IIIry l)irisill,u I Culilu lirr Prr.rid,ou STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412-4602) On this 12TH day of JANUARY 2009 , before me personally appeared DAVID C. KTTCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instnument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. �/) f This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of then, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company: as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this llth day of • February 2010 sio29V.06t9aj . flint l BOND NO;: 3344429 Executed in 2 Counterparts PUBLIC CONSTRUCTION BOND BY THIS BOND, We, Brewer Paving & Development, Inc., 3190 Grissom Parkway, Cocoa, FL 32926, (321) 636-4645, as Principal and Great American Insurance Company, 580 Walnut Street., Cincinnati, OH 45202 (513) 369-5000, a corporation, as Surety, are bound to City of Cape Canaveral, 105 Polk Avenue, Cape Canaveral, FL 32920, (321) 868-1221, herein called Owner, in the sum of $435,737.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated February 5th, 2010, between Principal and Owner for construction of Phase II Ridgewood Avenue Improvements Project., located at From Grant Avenue to East Central Boulevard, Cape Canaveral, Florida the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorneys' fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED February l l th, 2010. BY: BY: Brewer Paving & Development, Inc. -(I'rincipal)'l -n (Surety)`` Jennife L McCarta Attorney act & Florida Licensed Re sident:Ageni • . ,. Inquiries: (407) 834-0022 Gre t Amer' an Insurance Co pany GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attomey is not more than SEVEN No.0 18223 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. J.W. GUIGNARD BRYCE R. GUIGNARD PAUL J. CIAMBRIELLO M. GARY FRANCIS Name APRIL L. LIVELY MARGIE MORRIS JENNIFER L. MCCARTA Address ALL OF LONGWOOD, FLORIDA Limit of Power ALL $75,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 12TH day of JANUARY 2009 . Attest GREAT AMERICAN INSURANCE COMPANY a istrrn! Si r117tn _1 U41 iciuna! Srninr fire I'rr,idrnt STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412-4602) On this 12TH day of JANUARY 2009 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instnmrent is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. 'I\S' )Th_y.i' `- This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of then, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Tiled and sealed this llth day of February , 2010