HomeMy WebLinkAbout1208-American Infrastructure Tech Corp
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Bond No. 1833214
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PUBLIC CONSTRUCTION BOND
American Infrastructure H I C
.. anover nsurance ompany
BY THIS BOND, We Technologies Corporation, Inc. , as Principal and , a
corporation, as Surety, are bound to City of Sanford, Florida , herein called Owner, in
the sum of $ 2,300,000.00 , 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:
07/08 - 07
American Infrastructure Technologies
1. Performs the contract dated Sept. 1 ,2009 , between Corporation, Inc. ,
(Principal) and City of Sanford, Florida, (Owner) for construction of Work under Purchase Ord,er dated 9/1/09 for IFB
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 attorney's 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 ON Sept. 1 ,2009
(Name of Principal) American Infrastructure Technologies Corporation, Inc.
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(Name of Surety) Hanover Insurance Company
Certified Copy Void Without Hanover Watermark
This Power of Attorne rna not be used to execute an bond with an ince tion date after June 1, 2008
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
Roland Hines, Charles E. Carper, IV, Douglas K. Aman, Mary Pannell, Sheryl Cooper, Earl D. Ridolphi, Jr., Dale Taylor
Jane Huddleston, Suzi Philpot, Joan N. Miller, Walter C. Dowdy and/or Shelby Turnbough
of Montgomery, AL and each is a true and lawful Attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf,
and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designate
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby
authorized and empowered to appoint Attomeys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for
and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings
obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such
Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14,
1982 - Massachusetts Bay Insurance Company; Adopted September 7,2001 - Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice
President and an Assistant Vice President, this 8th day of November, 2005
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THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSU NCE C MPANY OF AMERICA
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RiChardM. Van ~~
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Ronald Ritland, Assistant Vice Presidenr
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
On this 8th day of November 2005 ,before me came the above named Vice President and Assistant Vice President of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and
officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance
Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
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NOlSty Public
My commission expires on November 3, 2011
I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said
Companies, and do hereby further certify that the said Powers of Attomey are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Attomey and Certified Copies of such Powers of Attomey and certification in respect thereto,
granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall
be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such
signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 -
Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of -:;"'f t..,_ !...~ , 20o<<t .
Certified Copy Void Without Hanover Watermark
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
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Charles T Wells, Assistant Vice President
"
DOCUMENT 00620
Bond #1833214
PAYMENT BOND
STATE OF FLORIDA)
COUNTY OF
)
American Infrastructure Technologies
KNOW ALL MEN BY THESE PRESENTS, that Corporation, Inc.
Principal, hereinafter called Contractor, and Hanover Insurance Company as Surety,
hereinafter called Surety, are held and finnly bound unto the City of Sanford, Florida , as
Obligee, hereinafter called Owner, in the amount of Two million, three hundred thousand dollars and
00/100
Dollars ($2,300,000.00
) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, Successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated September 1 ,2009, entered into a
Contract with Owner for:
in accordance with Drawings and Specifications prepared by Corzo Castella Carballo Thompson
Salman, P.A. which Contract is by reference made a part hereof and is hereinafter referred to as the
Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that If the
Principal shall promptly make payment to all claimants, as herein below defined, then this obligation
shall be void; otherwise, this Bond shall remain in full force and effect, subject to the fOllowing terms
and conditions:
A. A claimant is defined as any person supplying the Principal with labor, material and supplies.
used directly or indirectly by the said Principal or any subcontractor in the prosecution of the
work provided for in said Contract, and is further defined in Section 255.05( 1) of the Florida
Statutes.
B. The above named Principal and Surety hereby jointly and severally agree with the Owner
that every claimant as herein defined, who has not been paid in full before the expiration of a
period of ninety (90) days after performance of the labor or after complete delivery of
materials and supplies by such claimant. may sue on this Bond for the use of such claimant,
OS/07 1314-15.302
Phase - 3
00620-1
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prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and
have execution thereon. The Owner shall not be. liable for the payment of any costs or
expenses of any such suit.
C. No suit or action shall be commenced hereunder by any claimant.
1. Unless claimant, other than one having a direct contract with the Principal, shall
within forty-five (45) days after beginning to furnish labor, materials or supplies for
the prosecution of the work, furnish the Principal with a notice that he intends to look
to this bond for protection.
2. Unless claimant, other than one having a direct contract with the Principal, shall
within ninety (90) days after such claimant's performance of the labor or complete
delivery of materials and supplies, deliver to the Principal written notice of the
performance of such labor or delivery of such material and supplies and the
nonpayment therefore.
3. After the expiration of one (1) year from the performance of the labor or completion
of delivery of the materials and supplies; it being understood, however, that if any
limitation embodied in this Bond is prohibited by any law controlling the construction
hereof such limitations shall be deemed to be amended so as to be equal 10 the
minimum period of limitation permitted by such law.
4. Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project. or any part thereof, is situated,
or in the United States District Court for the district in which the project, or any part
thereof. is situated. and not elsewhere.
D.
The Principal and the Surety jointly and severally. shall repay the Owner any sum which the
Owner may be compelled to pay because of any lien for labor or materials furnished for any
work included in or provided by said Contract.
E.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration of or addition to the terms of the Contract or to the work to be performed
thereunder or the Specifications applicable thereto shall in any way affect its obligations on
this Bond, and the Surety hereby waives notice of any such change, extension of time.
alterations of or addition to the terms of the Contract, or to the work or to the Specifications.
F.
The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide
General Policyholder's rating of A-(Excellent) and Financial Category of "Class
XIV
05/07
1314-15.302
Phase - 3
00620-2
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their
several seals, this~ aay of Sej)tember
20~, A.D., the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses Required).
(If Corporation, Secretary Only will attest and affix seal).
WITNES~ES:
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PRINCIPAl:
ure Technologies Corporation
L.. ~Affix Seal)
~; ~idde , President
Title
8799 U.S. Highway 31
Business Address
Hanceville, Alabama 3S077
City, tate & Zip Code
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Co rate Surety
arles E. Carper, IV
Title
5300 Cahaba River Road, Suite 150
Business Address
Birmingham, Alabama 35243
City, State & Zip Code
Name of Local Insurance Agency
05/07
1314-15.302
Phase - 3
00620-3
Ii Certified Copy Void Without Hanover Watermark
This Power of Attorne ma not be used to execute an bond with an ince tion date after June 1, 2008
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
Roland Hines, Charles E. Carper, IV, Douglas K. Aman, Mary Pannell, Sheryl Cooper, Earl D. Ridolphi, Jr., Dale Taylor
Jane Huddleston, Suzi Philpot, Joan N. Miller, Walter C. Dowdy and/or Shelby Turnbough
of Montgomery, AL and each is a true and lawful Attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf,
and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designate
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby
authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for
and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings
obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such
Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company in their own proper persons." (Adopted October 7,1981 - The Hanover Insurance Company; Adopted April 14,
1982 - Massachusetts Bay Insurance Company; Adopted September 7,2001 - Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice
President and an Assistant Vice President, this 8th day of November, 2005
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THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
On this 8th day of November 2005 ,before me came the above named Vice President and Assistant Vice President of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and
officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance
Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
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N018ty Public
My commission expires on November 3, 2011
I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said
Companies, and do hereby further certify that the said Powers of Attomey are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attomey and certification in respect thereto,
granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall
be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such
signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 -
Massachusetts Bay Insurance Company; Adopted September 7,2001 - Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of S "f'L~.., , 20D't .
Certified Copy Void Without Hanover Watermark
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
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Charles T Wells. Assistant Vice President