1398 Gregori Const Material - Wkmanship Bondr-a
01 "-1877— i
PURCHASING DEPARTMENT°
TRANSMITTAL MEMORANDUM
4 `+i
To: City Clerk "
RE: Material and Workmanship Bond Section 00615 Gregori Construction & Engineering Inc U
IFB 10 /11 -11
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
Once completed, please:
® Return originals to Purchasing
❑ Return copies
El
Special Instructions:
Safe keeping this is on a bid for IFB 10 /11 -11
Marisol Ordonez
From
❑ Mayor's signature
C t Re ng -
S e keepin
❑ Payment Bond
❑ City Manager Signature
❑ City Clerk Attest/Signature
t1q 1210 1 -�L—
Date
TADept_ forms \City Clerk Transmittal Memo - 2009.doc
C5
SECTION 00615
MATERIAL AND WORKMANSHIP BOND Bond No. 4700462
KNOW ALL MEN BY THESE PRESENTS:
Gregod Construction and Engineering, Inc.
THAT WE , hereinafter referred to as "Contractor" and _
Great American Insurance Company , hereinafter referred to as °Surety' are held and firmly
bound unto City of an or , hereinafter referred to as the OWNER in
the sum of ten percent (10 %) of the Contract Price as adjusted under the Contract Documents.
The Final Contract Price is $252,069.00 r� Contractor and Surety are held
and firmly bound unto OWNER the sum of Sixty Nine and 0 loo nousand Dollars l$ 252,069.00
_ ) for the payment of which we bind ourselves, heirs, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Contractor has constructed certain improvements, including new 7'xr
concrete box culvert enclosure of a ditch installing inlets, re-grading, sodding and other
appurtenances in that certain Project known as Pump Branch Ditch Enclosure (IFB 10111 -11)
and
WHEREAS, the aforesaid iIinprgyaments were made pursuant to an Agreement dated I3
c �Ll�vtJ�� C; — and filed with the Purchasing Office of
OWNER; and
WHEREAS, the Contractor warrants and guarantees to the OWNER that all work, labor,
materials, equipment and services furnished and performed has been done in a good and
workmanlike manner and is of the highest quality, free from defects; and
WHEREAS, Contractor Is obligated to protect the OWNER against any defects resulting
from faulty Materials or Workmanship of said improvements and to maintain said improvements
for a period of two (2) years from the date of Final Completion under the Contract Documents,
which is November 24, 2011
NOW THEREFORE, the conditions of this obligation is such that If Contractor shall
promptly and faithfully protect the OWNER against any Defects resulting from faulty Materials
and Workmanship of the aforesaid improvements and maintain said Improvements for a period
of two (2) years from the date of Final. completion, then this obligation shall be null and void,
otherwise- it shall remain in full force and effect.
The OWNER shall notify the Contractor In writing of any Defect for which the Contractor is
responsible and shall specify In said notice a reasonable period of time within which Contractor
shall have to correct said Defect.
The Surety unconditionally covenants and agrees that if the Contractor fails to perform,
within the time specified, the Surety, upon thirty (30) days written notice from OWNER, or its
authorized agent or officer, -of the failure to perform will correct such Defect or Defects and pay
the cost thereof, including, but not limited to engineering, legal and contingent costs. Should the
Surety fail or refuse to correct said Defects, the OWNER, in view of the public Interest, health,
safety, welfare and factors Involved, shall have the right to resort to any and all legal remedies
00615 -1
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against the Contractor and Surety and either, both at law and in equity, including specifically.
specific performance to which the Contractor and Surety unconditionally agree.
The Contractor and Surety further Jointly and severally agree that the OWNER at its option,
shall have the right to correct said Defects resulting from faulty Materials or Workmanship. or,
pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said
Defects in case the Contractor shall fail or refuse to do so, and in the event the OWNER should
exercise and give effect .to such right, the Contractor and the Surety shall jointly and severally
hereunder .reimburse the OWNER the "total cost thereof, including, -but not limited to,
engineering, legal and contingent costs, together with any damages either direct or consequent
which may be sustained on account of the failure of the Contractor to correct said defects.
IN WITNESS WHEREOF, this instrument is executed this th 15th day of December
2011
_ /E�i.
:•: • i= a
(CORPORATE SEAL)
(Witness to Contractor)
CONTRACTOR Signatory Authority
Gregori Construction and Engineering, I nc.
CoyFbpctgr Signatory Authority
By (Slgnature)Lj
Andrew M. Crgpri� Ca Fraes _
Typed Name and Title
736 Ekastown Road
Address
Sarver, PA 16055
City, State, Zip
724 - 353 -1322 724 - 353 -2486
Telephone No. Facsimile No.
Typed Name
ATTEST:
a
(Surety) Secretary
Great American Insurance Company
Surety
Typed Name
(C AWL SEAL)
Wi 7 ss as t Surety
412 - 963 -0609 412 - 963 -7012
Oos15 -2
SPM
Telephone No. Facsimile No.
Jojo Streyle
Typed Name
Witness as to
Brian F. Jeffe
Typed Name
Jay Black
Typed Name
1010 Ohio River Boulevard
Address
Pittsburgh, PA 15202
City, State, Tip
412 - 734 -4900 412 - 734 -6640
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR Is Partnership, all partners
shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business In the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power- of- Attomey appointing individual Attorney4n -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00615 -3
SMCLIBMIM
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH 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 EIGHT
No. 0 19947
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 attomey -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.
Name Address Limit of Power
BRIAN W. LONG JOSEPHINE M. STREYLE ALL OF ALL
BRIAN F. JEFFE JAY BLACK PITTSBURGH, PENNSYLVANIA UNLIMITED
MICHAEL J. PETRASEK, SR. MARGE FEDAK
RICHARD L. ENDERS BARBARA A. LEEPER
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 5TH day of NOVEMBER 1 2009
Attest GREAT AMERICAN INSURANCE COMPANY
Assistant Secretary Divisional Senior Vice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (877- -2405)
On this 5TH day of NOVEMBER 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 instrument 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.
KAREN L GROSHEI
NOTARY O n • � ��
,• NOTARY RIM, STAiE Of OHIO �C
W COMMUION EXPIRES 02 -20.18
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 1 ice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, 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 ofsuretyship, 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 15-M day of " ; _ , 1 -" '2011
Assistant Secretary
S1029AC (4/11)