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HomeMy WebLinkAboutC.R. Meyer/Skywalk Repair at Convention Center maI$QQIIQx QQNI$QQI THIS AGREEMENT, made on the 18th day of December, 1987 , by and between the CITY OF OSHKOSH, party of the first part , hereinafter referred to as the CITY, and C.R. Meyer of P.O. Box 650 , Oshkosh , WI 54902 , party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named , agree as follows: The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary , and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: for repair of skywalk across Main Street from Convention Centre to Radisson Hotel , Oshkosh, WI , pursuant to Resolution 385 adopted by the Common Council of the City of Oshkosh on 17th day of December, 1987 , , all in accordance and in strict compliance with the Contractor's proposal and the other contract documens referred to in ARTICLE V of this contract. A$IIQL _� s IIME_QI_Q2ME&EII2 The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor's proposal. A$IIQL _III• PAYMJLLI (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of 120 .25,3_QQ, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided , however, in the event the proposal and contract documents are on a "Unit Price" basis , the above mentioned figure is an estimated figure, and the City shall , in such cases , pay to the Contractor for the perfor- mance of the contract the amounts determined for the total number of 1 each of the units of work as set forth in the Contractor's proposal ; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the con- tract . (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required , they shall be made according to the provisions set forth in the General Conditions. LliiIa ,,E_IV. CQNIRACTOR 10 ii.QID_aIII_lARMIEii The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by the negligent digging up of streets, alleys or public grounds or which may result from the faulty, carelessness or neglect of said Contractor, his agents, employees or workmen in the performance of said work or caused by the violation of any City ordinance , and shall refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demands within a reasonable time after demand thereof. A$IIOE_Y• aQH'iNQNENI_NANIa_QE_I .E_C.QNINAU This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached , as if hereto attached: 1 . General Conditions 2 . Advertisement for Bids 3 . Instructions to Bidders 4 . Specifications , including any addenda 5 . Plans 6 . Contractor 's Proposal 7 . This Instrument In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated . IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Contractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns . IN WITNESS WHEREOF , the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be sub - 2 scribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City , and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR C. R. MEYER L t By: _ 4 (Seal of Contractor (Specify Title) if a Corporation . ) / / / By:__ _ — - (Specify Title) CITY OF 0 HKOSH Q /�`�' `� �""7 B y : Z —_ .CI- -� i n,ss) s 1 Wiliam D . Frueh , City Manager ■ t3/2.-4-4-14,— . ...- ' . _d (Witness) Donna C. Serwas, City Clerk r''eby Certify ` , h:,c,r made, r, ° protn;3ions.the i .Sri .,A,;1: I APPROVED -., ( (, CITY ATTO:NEY OSHKOSH,WISCONSIN 3 ► ► ► ► V V V V SET TAB STOPS AT ARROWS Of ® CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) 12/28/87 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS The Harmon Agency, Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, P. O. BOX } EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oshkosh, WI 54902 COMPANIES AFFORDING COVERAGE COMPANY AAmerican Employers Insurance Company COMPANY INSURED LETTER B Employers Fire Insurance Company C. R. Meyer & Sons Company LETTER Y C Commercial Union Insurance Company P. 0. Box 650 Oshkosh, WI 54902 COMPANY LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR DATE IMM/DD/YY) DATE(MM/DD/YY) ® EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY I COMPREHENSIVE FORM INJURY $ $ PREMISES/OPERATIONS PROPERTY EXPLOSION&COLLAPSE HAZARD CAP A W 9114 154 12/31/87 12/31/88 DAMAGE $ $ PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL COMB NED 1,000,$ 1,000, INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 1,000, AUTOMOBILE LIABILITY Boon B gi ANY AUTO BA F W 9114 155 12/31/87 12/31/88 iPERRoERSON; $ ■ ALL OWNED AUTOS(PRIV. PASS.) I BODILY II ALL OWNED AUTOS OTHER THAN) INJURY $ PRIV PASS / PER ACCIDHIT. ■ HIRED AUTOS PROPERTY ■ NON-OWNED AUTOS I 1 DAMAGE $ GARAGE LIABILITY ` III j BI&PD I COMBINED $1,000, EXCESS LIABILITY UMBRELLA FORM W 112/31/87 1 2 BI&PD C �7 9114 157 /31 88 COMBINED $45000, $4,000, ■ OTHER THAN UMBRELLA FORM � WORKERS' COMPENSATION ? j STATUTORY B AND WC F W 9114 156 12/31/87 12/31/88 $ 500, EACH ACCIDENT) EMPLOYERS' LIABILITY $ 5n0, (DISEASE POLICY LIMIT) OTHER ---- # $ 500, 'DISEASE EACH EMPLOYEE) Boiler & Machinery CAP A W 9114 154 12/31/87 12/31/88 w 100, per accident DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS repair of skywalk across plain Street from Convention Centre to Radisson Hotel, Oshkosh, WI CERTIFICATE HOLDER CANCELLATION EX- City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATIQQN1 DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO P. O. Box 1130 MAIL ,)0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Oshkosh, WI 54902 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES._ AUTHORIZED RE--I SENF,ATIVE re. t ACORD 25(8/84) IIR/ACORD CORPORATION 1984 V V V 1 V V V V • SET TAB STOPS AT ARROWS Of ® CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) PRODUCER 12/28/87 The Harmon Agency, 7,.- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS +nti NO RIGHTS UPON THE CERTIFICATE HOLDER.THS CERTIFICATE DOES NOT AMEND, P. O. Box 44 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oshkosh, WI 54902 COMPANIES AFFORDING COVERAGE COMPANY AAmericam Moyers Insurance Company LE COMPAER NY INSURED LETT B Employers Fire Insurance Company C. R. Meyer & Sons COMPANY P. O. Box 650 LETTER `' Commercial ercal Insurance Company Oshkosh, WI 54902 COMPANY LETTER COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY EFFECTIVE P ICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR POLICY NUMBER DATE(MM/DDNY) DATE(MM/DDNY) EACH AGGREGATE GENERAL LIABILITY OCCURRENCE COMPREHENSIVE FORM BODILY INJURY $ $ I PREMISES/OPERATIONS C EXPLOSION&DCOLLAPSE HAZARD CAP A W 9114 154 12/31/87 12/31/88 DAMAGE $ $ DAMAGE PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL 81&PD INDEPENDENT CONTRACTORS COMBINED $ 4000, $ 4000* BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 10000, AUTOMOBILE LIABILITY BODILY ANY AUTO PA F W 9I 155 12/31/87 12/31/88 RIERSONI W NALL OWNED AUTOS(PRIV. PASS)OTHER THAN 1 �1L" ALL OWNED AUTOS / INJURY PRV. PASS. PER ACCIDENT HIRED AUTOS NON-OWNED AUTOS I DAMAGETM GARAGE' LIABILITY Ell&PD EXCESS LIABILITY COMBINED $l Ooo qg UMBRELLA FORM 9114 c / / 81&PD e.1� di OTHER THAN UMBRELLA FORM C W 157 3.x/31/88 COMBwED $4,000, $4,000, WORKERS' COMPENSATION STATUTORY AND WC F W ] 156 3 /31/87 12/31./e8 $ •$ (FACH ACCIDENT) EMPLOYERS' LIABILITY $ 24 4 (DISEASE-POLICY LIMIT) IIOTHER - $ 1414 ((DISEASE EACH EMPLOYEE) Boiler & Machinery CAP A W 9114 154 12/31/87 12/31/88 1 $ 100, per accident DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS -- I -- repair of skyualk across Main Street from Convention Centre to Radisson Hotel, ,._ sh WI CERTIFICATE HOLDER CANCELLATION City' of Oshkosh S ATIONNDATE ABOVE HTHEREOF, THEIBISSU ISSUING ICOMPANYCWILLD ENDEAVOR TO P. O. Box 1130 MAIL alp DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, T FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Oshkosh, WI 54902 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED R `-:SENT TIVE e7 ACORD 25(8/84) IIR/ACORD CORPORATION 1984 • V V V y V V V V SET TAB ST.-SAT ARROWS ii IS (..ii DA E ,,,,,,..„,,y,.,, Of CERTIFICATE OF INSURANCE 12/28/87 PRODUCER 1 'HIS HIS CERTIFICATE IS ISSUED AS A MATTE H OF INFORMA TION ONLY AND CONFERS The Harmon Agency, Inc. ( NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, P. O. Box 44 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oshkosh, WI 54902 L I , COMPANIES AFFORDING COVERAGE i !COMPANY A i'maerican Employers Insurance Company ( LETTER COMPANY I i INSURED LETTER B Employers Fire Insurance Company C. R. Meyer & Sons Company COMPANY P. O. Box 650 LETTER -C Commercial Union Insurance Company Oshkosh, WI 54902 COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR DATE(MM/DIWY) DATE(MM/DDrYY) OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY 9 COMPREHENSIVE FORM INJURY $ $ 9 PREMISES/OPERATIONS CAP A W 9114 147 12/31/86 12/31/87 PROPERTY IPA UNDERGROUND DAMAGE $ $ SIM EXPLOSION&COLLAPSE HAZARD 9 PRODUCTS/COMPLETED OPERATIONS 9 CONTRACTUAL t8wagE, $ 1,000, $ 1,000, 9 INDEPENDENT CONTRACTORS ( 1E3 BROAD FORM PROPERTY DAMAGE 9 PERSONAL INJURY PERSONAL INJURY $1,0001 111 AUTOMOBILE LIABILITY BODILY INJURY B ri ANY AUTO BA F W 9114 148 12/31/86 12/31/87 (KR PERsoro $ 111 ALL OWNED AUTOS(PRIV. PASS.) BODILY IR i,' . II ALL OWNED AUTOS(?)TRURPTAHAN) PER ACCIDENT) $ IIII HIRED AUTOS PROPERTY III NON-OWNED AUTOS DAMAGE $ 1111 GARAGE LIABILITY Bi&PD II COMBINED $ 1,000, EXCESS LIABILITY UMBRELLA FORM N OTHER THAN UMBRELLA FORM C W 9114 150 12/31/86 12/31/87 BI&PD COMBINED $4,WO, $4,000, STATUTORY , B WORKERS' COMPENSATION WC F W 9114 149 12/31/86 12/31/87 $500 EACH ACCIDENT) AND $500 (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY $500 (DISEASE-EACH EMPLOYEE) OTHER 111 Boiler & Machinery CAP A W 9114 147 12/31/86 12/31/87 43 100, per accident DESCRIPTION CIF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS repair of skywalk across Main Street from Convention Centre to Radisson Hotel, , Oshkosh, WI CERTIFICATE HOLDER CANCELLATION City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO P. O. Box 1130 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Oshkosh, WI 54902 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED - •RES., TATIVE (- 7 cZ.4C-ek ce, _, ACORD 25(8184) © IIR/ACORD CORPORATION 1984 .< ,,. � li ? ”;. i.# = SET TAB STOPS AT ARROWS l''; �'; 'CERTIFICATE IC T �t I r ' I ISSUE DATE (MM/DD/YY) )# ra :`� a, ( ' ;12/28/87 4 ' pRt�OUCER �; $ • The Harmon Agency, His 4 E.I I U ELA I is i i UL ,a a F , R t to O,MA I ION ONLY AND CONFERS Inc. P. O. o RIG/-. `i UPON THE f'1 R r)::!.1c IC HO 'i..R. 'MI,Of RTIFICATE DOES NOT AMEND, 44 EXTEND OR At TER HE CO'v'ERA;E 1FF qDFG P4 v T-it POLICIES BELOW. Oshkosh, WI 54902 r COMPANIES AFFORDING COVERAGE COMPANY LETTER A American Employers Insurance Coll' COMPANY INSURED LETTER B Moyers Fire Insurance Company C. R. Meyer & Sons Company COMPANY -- --P. 0. Box 650 LETTER C Commercial Union Insurance Company Oshkosh, WI 54902 COMPANY — LETTER 0 LETTER E COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. I( �'I NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- (I i) TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR I I DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY OCCURRENCE AGGREGATE A 11 COMPREHENSIVE FORM BODILY INJURY Q ni PREMISES/OPERATIONS CAP A W 9114 147 1.2/31/86 32/31/87 PROPERTY G UNDERGROUND DAMAGE EXPLOSION&COLLAPSE HAZARD $ all PRODUCTS/COMPLETED OPERATIONS II CONTRACTUAL BI&PD al INDEPENDENT CONTRACTORS COMBINED $1,0�, $lss M BROAD FORM PROPERTY DAMAGE nl PERSONAL INJURY 1111 PERSONAL INJURY $100000 AUTOMOBILE LIABILITY B ANY AUTO BODILY INJURY BA F W 4124 148 ' /31/86 12/31/87 ;PER RERSDN, $ ALL OWNED AUTOS(PRIV. PASS.) BODILY 1111 ALL OWNED AUTOS OTHER THAN11 iNEURY PRIV. PASS./ RER ACCIDEND $ ■ HIRED AUTOS III NON-OWNED AUTOS PROPERTY DAMAGE III GARAGE LIABILITY $ IIICOMBINED $1 000 EXCESS LIABILITY �/W ill E'r UMBRELLA FORM C W 9)14 150 I /31/86 12/31/ COMBINED *!OW! $4,000, ■ OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION 3.49 STATUTORY AND W -++�7 I /31/86 Mill$ # (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT) OTHER $ Ls (DISEASE-EACH EMPLOYEE) A Boiler & Machinery CAP A W 9114 147 I /31/86 12/31/87 100, per accident DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS repair of ekywaik across Main Street from Convention Centre to Radisson Hotel, Oshkosh WI CERTIFICATE HOLDER CANCELLATION '.;' �iit31 ► SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- �y PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 10. 0. Box 1.130 M Oshkosh LEFTAIL, FAILURE DAYS TO MAIL WRITTEN SUCH NOTICE NOTICE TO SHALL THE IMPOSE CERTIFICATE NO OBLIGATION HOLDER NAMED OR LIABILITY TO THE 54902 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RES jrTATI E ACORD 25(8/84) . L� © IIR/ACORD CORPORATION 1984 Duplicate of A.I.A. Form A311 Feb. 1970 Edition mown FUND DLROMIANCE COMPANIES PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That C . R. MEYER &. SONS COI,1PANY, 208 STATE STREET, OSITKOSH, WI. 51901 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor,and THE AMER' N INS URANC E COMPANY (Here insert full name and address or legal title of Surety) , as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF OSIKOSH (Here insert full name and address or legal title of Owner) as li ee, hereinafter called Owner, in the amount of - - -T'I�,ENTY-THOUSAND TWO HUNLRED FIFTY-THREE no// Dolrars ($ ..0x253 .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 Dec . 18, 1987 entered into a contract with Owner for REPAIR OF THE SKYVIALK ACROSS MAIN STREET FROM CONVENTION-CENTER TO RhDISSON HOTEL, OSHi OSH,WISCONSIN 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. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest respon- sible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 28th day of December A.D. 17 C. R. MEYER & SON ' COMPANY By PJ ' (Principal) (Seal) �1 V(1�\CYO V (Witness) (Title) THE AMERICAN INSU ANCE CO.:PANY (Surety) (Seal) (Witness) j J BY Attorney-in-Fact 360532-6-70 GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the Taws of the State of New Jersey, and having its principal office in the City and County of San Francisco, California, has made, constituted and appointed, and does by these presents make,constitute and appoint JOHN R. SAWTELL, DANIEL D. HARMON, III and R. L. HARMON, JR. OSHKOSH, �V I jointly or severally its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof and to hind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VIII,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and said Resolution has not been amended or repealed: "RESOLVED.that the signature of any Vice-President.Assistant Secretary,and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney. or on any certificate relating thereto. by facsimile,and any power of attorney,any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Corporation. IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to he signed by its Vice-President, and its corporate seal to be hereunto affixed this 5th day of J u l y 19 83 '' y THE AMERICAN INSURANCE COMPANY i.NO B y .)'3 1t, Vice-President STATE OF CALIFORNIA, } ss. CITY AND COUNTY OF SAN FRANCISCO On this 5th day of J I Y 19 83 to me known, who, being by me duly sworn, did depose and say: that he is VicebPresid nt of rTHEIAMERICAN INSURANCCE COMPANY, the Cor- poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal,the day and year herein first above written. ■umuuuu11m•11uuu1Mmumummlummuunom■ OFFICIAL SEAL 7 SUSIE K. GILBERT g" • r NOTARY PUBLIC- CALIFORNIA ? ' as CITY a COUNTY OF SAN FRANCISCO Wars Punitc My Commission Expires Nov. 17, 1984 •m111lflmlN111 w 111 11MIIMmmMM IMMtNILIII MM CERTIFICATE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO }5s. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- - TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII. Sec- lions 30 and 31 of the By-laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in force. Signed and sealed at the City and County of San Francisco.Dated the 28th day of De C ember $7 , 19 r • C7P •Ce '%.4— ,�co Resident Assistant Secretary 360711-TA-5-81 LABOR & MATERIAL PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: That C . R- & SflN CCiv PAIN'Y, 208 STAJF Srlf 119', c?S? f;OSi-1 , 54901 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and THE AMERICAN I NS U'tA NC E C O-`PA i TY (Here insert full name and address or legal title of Surety) , as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF OSHKOSH (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined in the amount of - -TWENTY THOUSAND r1'V O HUNDRED FIFTY-THREE &. NO/1nr' - -Dollars ($ 26,253 .00 ) (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated Dec. 18, 19 87 entered into a contract with Owner for_.. REPtiIR. OF THE SKYi ALE. ACROSS TiA'lIN- Sri'RFFT FROM CONVFi TI ON-CENT F R TO RADI.`SON HOTEL, O5 i'i'i0SH, WISCCNSII`? 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. 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 obli- gation 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 contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. 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 the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, 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. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the follow- ing: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) 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. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, in- clusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 28th day of _ Dec ember A.D. 19 $7 C .R. MF"'F;R. &. G 1,. P1;I''Y \\N\,,e1_,.. \\ (Principal) (Seal) (Witness) (Title) THE ANT:PT TNSUey;.A1CF COMPANY (Surety) (Seal) (Witness) 360533-4-78 By Attorney-in-Fact GENERAL POWE-OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY,a Corporation duly organized and existing-under the laws of the State of New Jersey. and having its principal office in the City and County of San Francisco, California. has made. constituted and appointed,and does by these presents make, constitute and appoint JOHN R. SAWTELL, DANIEL D. HARMON, III and R. L. HARMON, JR. OSHKOSH, WI jointly or severally its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(sl-in-Fact may do in the premises. • This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VIII,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966. and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President.Assistant Secretary.and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney.or on any certificate relating thereto. by facsimile.and any power of attorney.any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Corporation.' IN WITNESS WHEREOF.THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate,seal to be hereunto affixed this 5th day of July 19 83 474I.4 THE AMERICAN INSURANCE COMPANY • &11::tAf her ' By Yn t Prradem STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO On this 5th y July I Y day of 19 83 , before me personally came Richard Williams to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cor- poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by'order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written. unuunsuaaunutwnnrrrrnutuuunnnut■ OFFICIAL SEAL 3 SUSIE X. GILBERT /442 4 e • NOTARY PUBLIC-CALIFORNIA I . ) CAT! i cowry Of SAM FRANCISCO Put h. • My Commission Expires Nov. 17, 1981 CERTIFICATE >tttunnrnnstamtrueraasameassaaaaaaassus a STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII. Sec- tions 30 and 31 of the By-laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in force, • 4 • Signed and sealed at the City and County of San Francisco.Dated the 28th day of Dec ember . 19 $'] 4s. ��a co Resident Assistant Secretary 360711-TA-541