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Home My WebLink Aboutperformance bond- police headquarters THE AMERICAN INSTITUTE OF ARCHITECTS 1111111111 6! r� * Bond #1756464 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that AML, INC. (Here insert full name and address or legal title of Contractor) 2916 CAMPION ROAD FLOYDS KNOB, IN 47119 as Principal, hereinafter called Contractor, and, GREAT AMERICAN CO r M P A N gal title of Surety) or 301 E. 4TH STREET CINCINNATI, OH 45202 -4201 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF JEFFERSONVILLE AND THE JEFFERSONVILLE RED eVELLOP EN COMMISSION g al title of Owner) 500 QUARTERMASTER COURT JEFFERSONVILLE, IN 47130 as Obligee, hereinafter called Owner, in the amount of SIX MILLION TWO HUNDRED FIFTY SIX THOUSAND AND 00/100 Dollars ($ 6,256,000.00), 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 June 5th, 2013, entered into a contract with Owner for (Here insert full name address and description of project) JEFFERSONVILLE POLICE HEADQUARTERS in accordance with Drawings and Specifications prepared by ' (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA 0 1 FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct con- party to whom materials were furnished, or for whom tract with the Principal or with a Subcontractor of the the work or labor was done or performed. Such notice Principal for labor, material, or both, used or reasonably shall be served by mailing the same by registered mail required for use in the performance of the Contract, or certified mail; postage prepaid, in an envelope labor and material being construed to include that part addressed to the Principal, Owner or Surety, at any of water, gas, power, light, heat, oil, gasoline, telephone place where an office is regularly maintained for the service or rental of equipment directly applicable to the transaction of business, or served in any state in Contract. any manner in which legal process may be served in the state in which the aforesaid project is located, 2. The above named Principal and Surety hereby save that such service need not be made by a jointly and severally agree with the Owner that every public officer. claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) b) After the expiration of one (1) year following days after the date on which the last of such claimant's the date on which Principal ceased Work on work or labor was done or performed, or materials were said Contract, it being understood, however, that furnished by such claimant, may sue on this bond for the if any limitation embodied in this bond is prohibited use of such claimant, prosecute the suit to final judgment by any law controlling the construction hereof such for such sum or sums as may be justly due claimant limitation shall be deemed to be amended so as to be and have execution thereon. The Owner shall not be equal to the minimum period of limitation permitted liable for payment of any costs or expenses of any such by such law. suit. c) Other than in a state court of competent for the 3. No suit or action shall be commenced hereunder by jurisdiction in and for the county or other political any claimant: subdivision of the state in which the Project, or any part thereof, is situated, or in the United States a) Unless claimant, other that one having a direct District Court for the district in which the project or contract with the Principal, shall have given written any part thereof is situated, and not elsewhere. notice to any two of the following: the Principal, the Owner, or the Surety above named, within (90) day 4. The amount of this bond shall be reduced by after such claimant did or performed the last of the and to the extent of any payment or payments work or labor, or furnished the las of the materials made in good faith hereunder, inclusive of the for which said claim is made, stating with substantial payment by Surety of mechanic's liens which accuracy the amount claimed and the name of the may be filed of record against said improvements whether or not claim for the amount of such lien be presented under and against this bond. Sign. • and sealed this 1$trday. of July 2013 . �.• IN 0.”- p'. pp AML, INC. f '" . (Principal) S. ta i tness) i 1967 (Title) /M ,1 GREAT AMERICAN INSURANCE COMPANY (Surety) (Seal) ij (Witness) di_____ (Title) Attorney -I ct ANTHONY G. BALZANO, Attorney - - Fact AIADOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIAo 4 FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 • 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 FOUR No. 0 18040 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. Name Address Limit of Power ANTHONY G. BALZANO ALL OF ALL DEBORAH M. ROTH CINCINNATI, OHIO $75,000,000 JACQUELINE R. DEMETER STEPHANIE POST This Power of Attorney revokes all previous powers issued on behalf of the attorney(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 27TH day of JULY 2011 . Attest GREAT AMERICAN INSURANCE COMPANY �esuq ••..... ' X414. Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (877 -377 -2405) On this 27TH day of JULY , 2011 , 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. GROSHEIM A14,3,44:um �',• ,e NOTARY PUBLIC STATE Of OHIO MY COMMISSION EXPIRES 02 -20-16 • 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 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 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 18 t h day of July , 2 013 • P\`PN IYSIiR,, kV= e 3 Assistant Secretary 51029AC (4/11)