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HomeMy WebLinkAboutCentury Fence/Riverside Cemetery frnce 1985 AGREEMENT THIS AGREEMENT made and entered into this 19th day of July, 1985, by and between CENTURY FENCE CO., P. O. Box 466, aukesha, WI 53187 party of the first part, and the CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin, hereinafter referred to as the "City", and party of the second part. WITNESSETH: WHEREAS, the Common Council of the City of Oshkosh by reso- luton duly adopted on the 18th day of July, 1985, accepted the bid of the first party and authorized and directed the proper City officials to enter into an agreement with the party of the first part for: For Riverside Cemetery: furnish/install fencing Total Bid: $675 .00 according to the specifications and bid for same on file in the office of the City Clerk. NOW, THEREFORE, pursuant to said resolution of the Common Council of the City of Oshkosh, the parties hereto agree as follows: 1. That the party of the first part will furnish same to the City, all in accordance with the specifications and bid on file in the office of the City Clerk. 2. That no assignment of this agreement or of any rights thereunder by said party of the first part, shall be valid with-out the written consent of the City; and that this document including the specifications and bid, constitutes the entire agreement be- tween the parties hereto and that any understanding either oral or written, not a part hereof shall not be binding on either party. 3. That in consideration thereof, the City will pay to the first party the sum of $675.00 , upon presentation of a proper voucher, and delivery and acceptance by the City in conformity on said specifications and bid. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be signed by the proper officers of each party and their 1 corporate seals to be hereunto affixed all on the day and year first above written; then if first party is a corporation or part- nership, the signing of this agreement shall constitute a warranty by the person(s) so signing the proper authority so to do. In the Presence of: CENTURY FE►CE CO. r W (- 11.-C--2-s-elA-Ax-/ :2)74-.4,12.-.00CAZe , Signa d r= of he sole pro-- prieto , •r name or corporation or pa fiership si ent or Partner . W. Bryant 2APresident eta y - W. 0. Hoye 9 CITY OF OSI'KOSH vik .ail ' , I_ , OA I BY: i ,C4'�e-- C_t'' >2.4.4.-d. William D. Frueh, City L Mager c ( ( s ( - ,is ,"! C r :1 Donna C. Serwas, City Clerk Appr ved as form and execution: I hereby certify that the C 74-- necessary provisions have ._ I been made to pay the l ia- Warren P. Kra t, ,' k bility that will accrue Asst. City Attorney under this Contract. 0 EDWARD A NOKES, City Comptroller 2 V V V V V V V T TAB STOPS AT ARROWS Of ISSUE DATE(MM/DD/YY) CERTIFICATE OF INSURANCE 7/2.9/85 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Rollins Burdick Hunter O f Wl S C On S 1 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND SR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 757 North Broadway Milwaukee WI 53202 COMPANIES AFFORDING COVERAGE Phone: (414) 271-5420 Mir A Home Insurance Company INSURED LETTER 9 Home Indemnity Company Century Fence Company COMPANY P. O. BOX 466 . LETTER C Western Employers Insurance Company N1'11.124711 Sit vernai 1 Road CRY D City Insurance Company Waukesha WI 53187-0466 Phone: (414) 547-3331 extension 121 COMPANY 5 ORDER NO. 5085-8501 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 POLE EFFECTNE POLICY DOIRATIDN UABILITY LIMITS IN THOUSANDS LT-, DATE(MWDONY1 DATE(MOD" OCCURRENCE AGGREGATE GENERAL UABILITY FURY $5 0 0, $ 500, Am. COMPREHENSNEFORM CCP 338892 2/1/85 2/1/86 um PREMISES/OPERATIONS DAMAGE $250, $250, EXPLOSIONU&COLLAPSE HAZARD MI PRODUCTS/COMPLETED OPERATIONS BI&PD tal CONTRACTUAL COMBINED E. $ J INDEPENDENT CONTRACTORS gi BROAD FORM PROPERTY DAMAGE till PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE UABILITY BODILY INJURY B © A AUTO BA 4032463 L/1/85 2/1/8 6 ' $ © ALL OWNED AUTOS(PRN. PASS.) BODILY INJURY $ © ALL OWNED AUTOS( Th PTASS ) IPER Ate) © HIRED AUTOS PROPERTY © NON-OWNED AUTOS DAMAGE $ ■ GARAGE LIABILITY NAMED $5 0 0, EXCESS LIABILITY Es UMBRELLA FORM UL 10028512423 2/1/85 2/1/8 6 8 ,8 ED $ 5,000, $5,000, C OTHER THAN UMBRELLA FORM STATUTORY D WORKERS'COMPENSATION PWC 1775458 2/1/85 2/1/86 $ 100, (EACH ACCIDENT) AND $ 500, (DISEASE-POLICY LIMIT) EMPLOYERS'LIABILITY $ 1 00. (DISEASE-EACH EMPLOYE OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS R I V E R S I D E C E M E T E R Y CERTIFICATE HOLDER - CANCELLATION City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City all PIRATIQN,DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Y MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P. 0. Box 1130 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L ABILITY Oshkosh, WI 54902 • 1 Y KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Fir4 ED RE/• , ACORD 25 (21841 i D IIR/ACORD CORPORATION 19 I RESOLUTION 714 z O �i . C1 Q N N N ''' >, >, >4 V cJ CO 2 0 a a c c . + H W iE• co O aas ° b •a to tp w w >,a c. n, s. .-, r•J co ..7 A 4 co $4 •".1 % o (0 14 A O O 4. 'C a O W ca a 7 0 •.i 4) C4 A a > 0 O' a ••• >,sr. 03.0 S. >,4 >,< a E- O ° >, A t+ A A A al co Ems- x U N MI N .i a) no co 1.4 ...4 " ro >, a' >, >, A CO, 'o > W L4 Q v C rU v A C E ,n A 0 O 2 •- ° .- O E .- 'v .- O v A U 3 4 r- '0 ro co . G W H Gl > O O 0 °H C„' co O ° O cc C7 W • . . ° > ct) c4 cow to •A N o N > X N t7 © co I' ri w ° c- au L.7 , . < a < a ° o ro a < U ° a a -I U ►1 ,a 4 • Z a CCD •p • C) H to E- 0 co •• h- E %Co ° U U U co t0 _ v t. N .4 co L= C r W C7 C C,. E- . a C N O. .a L < L .2 O < i• U �a ° S. o 'a ° E- z a ° 0 a 1..� o Z aC H • • 3 A H a~ t") E a 0 3 c1•H c•1 .-1 in A r -� L . L Z C."' N N co CV 4. N H [_ Z C=.1 Rai -.i z c O 0 a E a Cr- z 'C7 •- C V' CD O a) l7 O a a Q [:1 O CD N 0 LA O CO to Sl C o co a a 0 = r o < <` a r 27 C r to L. C.. U fN Cu •,4 4J 1 # N C Ca ro C .0 1 U � i in H r L L Co > r1 L r C. v < Li C rr c• C :') to J.1 H N o 3 ' O • a • ZJ N N H G . O r > rJ r1 3 0. .0 co O to •- N 0 i. 0 to •+ C > 1.J U 0 O .-t U • .-i C:, •.-I .-1 C L:. _ • C) •1• C U •,.t « >, O 0 C) 44 • C) C Z 0 rJ �. G Ci. G■ 0 X ro c.,... H Q :1 ca 1J C) >. O S• • .1C a 0 co C) 01 C 1. (23 N C C .i a ^C) C C C _O a O 0 1-3 L CJ O > C O a C C rl •-4 V L7 .--I O 0 0 r c U C. y _. c) ■- N Z U .. - — 22ar PROPOSAL FURNISH AND INSTALL AND REPAIR FENCING FOR THE CITY OF OSHKOSH We , the undersigned , propose to furnish f.o .b. job site(s ) , the necessary material and provide the equipment , labor and insurance coverage , to furnish, install or repair for the City of Oshkosh , Wisconsin , as per specificaitons , the following : PARKS GARAGE , 805 Witzel Avenue $ 7,880.00 MENOMINEE PARK: $ 2 , 915. 00 ELECTRICAL GARAGE 926 Dempsey Trail $ 1, 680 .00 RIVERSIDE CEMETERY $ 675. 00 Will begin 14-20 days after award of bid . Will complete 10 Day Guarantee Material and labor for one year _ Century Fence Company NA F COMtNY J es R. Fritz , Representative NAME AND TITLE OF PERSON MAKING OUT THE BID SUBMITTED BY: P.O. Box 466 Address Waukesha , Wi. 53187 CITY STATE ZIP June 26 1985 414-547-3331 or 1-800-242-2288 DATE TELEPHONE STATE MAKE OF FENCING TO BY USED Century Fence _ INCLUDE DESCRIPTIVE LITERATURE. GIEAT A1VERICAN INSURANCE COMPANY BOND NO. GAA84- 044 KNOW ALL MEN BY THESE PRESENTS, that we, Century Fence Company P.O. Box 466, Waukesha, Wisconsin 53187 as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, City of Oshkosh Purchasing Department P. 0. Box 1130, City Hall Oshkosh, Wisconsin 54902 as obligee, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID DOLLARS ($ 10% of Tota)1 lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 26th day of June 19 85 WHEREAS, the said principal herewith submitting proposal for FURNISH AND INSTALL FENCING-MENOMINEE PARK, PARKS GARAGE, 805 WITZEL, ELECTRICAL GARAGE 926 DEMPSEY TRAIL, RIVERSIDE CEMETERY. _ NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within ( ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former;but in no event shall the liability hereunder exceed the penal sum hereof. CETUR FE/ CE COMPANY I W.0. Hoye " Principal Executive Vice President GREA AMERICAN INSURANCE COMPANY By--� :mil Y Donna E. Murphy, A ttorney-tn-Fa.. F.9116K-3/77 (BID FORM) PRINTED IN U.S.A. GUM MERMAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No.0 12349 SEVEN 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 its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in 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 GEORGE A. GOETZ ALCYONE E. THUOT ALL OF ALL HAROLD W. MOILANEN SUSAN SENTKOWSKI MILWAUKEE, WISCONSIN UNLIMITED KAREN A. RECHLICZ DONNA E. MURPHY MICHAEL TAGTOW This Power of Attorney revokes all previous powers issued in 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 5th day of December ,1983 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 5th day of December, 1983 ,before me personally appeared ROBERT M.SCHUDER,to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the 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. 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 August 20, 1979. RESOLVED: That the President, the several Vice Presidents and 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 in 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 may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or 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 1, KAREN HOLLEY HORRELL, Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this ? day of � -.GA: , 19 y_C. S 1029J(8/83) GZEAT A1VER1C\N INSURANCE COMPANY BOND NO. GAA84- 044 KNOW ALL MEN BY THESE PRESENTS, that we, Century Fence Company P.O. Box 466, Waukesha, Wisconsin 53187 as principal, and the GREAT AMERICAN INSURANCE COMPANY,a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, City of Oshkosh Purchasing Department P. 0. Box 1130, City Hall Oshkosh, Wisconsin 54902 as obligee, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID DOLLARS ($ 10% of Total lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 26th day of June 19 85 WHEREAS, the said principal herewith submitting proposal for FURNISH AND INSTALL FENCING-MENOMINEE PARK, PARKS GARAGE, 805 WITZEL, ELECTRICAL GARAGE 926 DEMPSEY TRAIL, RIVERSIDE CEMETERY NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within ( ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former;but in no event shall the liability hereunder exceed the penal sum hereof. CEO*TUR FE, CE COMPANY W.O. Hoye Principal , Executive Vice President GREA AMERICAN INSURANCE COMPANY L / By 1 • Donna E. Murphy, Attorney!n-Fal r F.9116K-3/77 (BID FORM) PRINTED IN U.S.A. Bond No. 1. GMAT 4 15 43 93 AWER1CAN INSURANCE COMPANY OHIO PERFORMANCE BOND The American Institute of Architects, AIA Document No.A311 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Century Fence Company, P.O. Box 466, Waukesha, Wisconsin 53187 as Principal,hereinafter called Contractor,and,(Here insert full name and address or legal title of Surety) GREAT AMERICAN INSURANCE COMPANY 580 Walnut Street, Cincinnati,Ohio 45202 as Surety,hereinafter called Surety,are held and firmly bound unto(Here insert full name and address or legal title of Owner) City of Oshkosh, City Hall, 215 Church Ave. , Oshkosh, Wisconsin as Obligee,hereinafter called Owner,in the amount of Six Hundred Seventy Five and No/100 675.00----•----- Dollars($ ), 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 July 19, 19 75 ,entered into a contract with Owner for Chain link fencing at Riverside Cemetery 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 a contract between such bidder and Owner, and make available as Work such that, if Contractor shall promptly and faithfully perform said progresses (even though there should be a default or a succession of Contract, then this obligation shall be null and void; otherwise it shall defaults under the contract or contracts of completion arranged under this remain in full force and effect. paragraph) sufficient funds to pay the cost of completion less the balance The Surety hereby waives notice of any alteration or extension of time of the contract price;but not exceeding,including other costs and damages made by the Owner. for which the Surety may be liable hereunder,the amount set forth in the Whenever Contractor shall be, and declared by Owner to be in default first paragraph hereof.The term"balance of the contract price,"as used in under the Contract, the Owner having performed Owner's obligations this paragraph, shall mean the total amount payable by Owner to thereunder, the Surety may promptly remedy the default, or shall Contractor under the Contract and any amendments thereto, less the promptly amount properly paid by Owner to Contractor. 1) Complete the Contract in accordance with its terms and conditions, Any suit under this bond must be instituted before the expiration of or two (2) years from the date on which final payment under the Contract 2) Obtain a bid or bids for completing the Contract in accordance with falls due. its terms and conditions,and upon determination by Surety of the lowest No right of action shall accrue on this bond to or for the use of any responsible bidder, or, if the Owner elects, upon determination by the person or corporation other than the Owner named herein or the heirs, Owner and the Surety jointly of the lowest responsible bidder,arrange for executors,administrators or successors of the Owner. Signed and sealed this 29th day of July 19 85 CENTURY FENCE COMPANY (Principal) (Seal) (Witness) -- W.. 0.. Hose, Executivglf1ce President GREAT AMERICAN INSURANCE COMPANY ly (Sure (Seal) (Witness) Performance/Labor and Material Payment Bond orney- n- ac (Title) Revised to February, 1970 SB5715b(1)Printed in U.S.A. F.9633D(1)—2/80 GZE kT A1VERIC'N INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No.0 12349 SEVEN 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 its true and lawful attorney-in-fact, for it and in its name,place and stead to execute in 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 GEORGE A. GOETZ ALCYONE E. THUOT ALL OF ALL HAROLD W. MOILANEN SUSAN SENTKOWSKI MILWAUKEE, WISCONSIN UNLIMITED KAREN A. RECHLICZ DONNA E. MURPHY MICHAEL TAGTOW This Power of Attorney revokes all previous powers issued in 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 5th day of December , 1983 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 5th day of December, 1983 ,before me personally appeared ROBERT M.SCHUDER,to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the 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. 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 August 20, 1979. RESOLVED: That the President, the several Vice Presidents and 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 in 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 may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or 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, KAREN HOLLEY HORRELL, Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in Full force and effect. Signed and sealed this 29th day of July 19 85 S 1029J (8/83) Bond No. 4 15 43 93 GZIEM AIVERIC'N INSURANCE WMPANY OHIO LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects,AID Document No.A311 (February,1970 Edition) 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 (Here insert full name and address or legal title of Contractor) Century Fence Company, P.0 Box 466, Waukesha, Wisconsin 53187 as Principal,hereinafter called Principal,and,(Here insert full name and address or legal title of Surety) GREAT AMERICAN INSURANCE COMPANY 580 Walnut Street, Cincinnati, Ohio 45202 as Surety,hereinafter called Surety,are held and firmly bound unto(Here insert full name and address or legal title of Owner) City of Oshkosh, City Hall, 215 Church Ave. , Oshkosh54902 as Obligee,hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined,in the amount of Six Hundred Seventy Five and No/100 675.00 Dollars($ ), (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 7/19/85 19 , entered into a contract with Owner for Chain link fencing at Riverside Cemetery 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 furnished the last of the materials for which said claim is made, stating such that, if Principal shall promptly make payment to all claimants as with substantial accuracy the amount claimed and the name of the party to hereinafter defined, for all labor and material used or reasonably required whom the materials were furnished, or for whom the work or labor was for use in the performance of the Contract,then this obligation shall be done or performed. Such notice shall be served by mailing the same by void;otherwise it shall remain in full force and effect,subject,however,to registered mail or certified mail, postage prepaid,in an envelope addressed the following conditions: to the Principal, Owner or Surety,at any place where an office is regularly 1. A claimant is defined as one having a direct contract with the maintained for the transaction of business, or served in any manner in Principal or with a Subcontractor of the Principal for labor, material,or which legal process may be served in the state in which the aforesaid both, used or reasonably required for use in the performance of the project is located, save that such service need not be made by a public Contract, labor and material being construed to include that part of water, officer. gas, power, light, heat, oil, gasoline, telephone service or rental of b) After the expiration of one (1) year following the date on which equipment directly applicable to the Contract. Principal ceased Work on said Contract, it being understood,however that 2. The above named Principal and Surety hereby jointly and severally if any limitation embodied in this bond is prohibited by any law agree with the Owner that every claimant as herein defined,who has not controlling the construction hereof such limitation shall be deemed to be been paid in full before the expiration of a period of ninety(90)days after amended so as to be equal to the minimum period of limitation permitted the date on which the last of such claimant's work or labor was done or by such law. performed,or materials were furnished by such claimant, may sue on this c) Other than in a state court of competent jurisdiction in and for the bond for the use of such claimant,prosecute the suit to final judgment for county or other political subdivision of the state in which the Court for the such sum or sums as may be justly due claimant, and have execution district in which the Project, or any part thereof, is situated, and not thereon. The Owner shall not be liable for the payment of any costs or elsewhere. expenses of any such suit. 4. The amount of this bond shall be reduced by and to the extent of 3. No suit or action sh,it be commenced hereunder by any claimant: any payment or payments made in good faith hereunder, inclusive of the a)Unless claimant, other than one having a direct contract with the payment by Surety of mechanics' liens which may be filed of record Principal, shall have given written notice to any two of the following:the against said improvement, whether or not claim for the amount of such Principal,the Owner,or the Surety above named,within ninety(90)days lien be presented under and against this bond. after such claimant did or performed the last of the work or labor, or Signed and sealed this 29th day of July 19 85 CENTURY FENCE COMPANY } (Principal) (Seal) 7 � (Witness) W. • . ,` ye, ExecutiOtl6)ice President GREAT AMERICAN INSURAN OMPANY (Surety f (Seal) { ( i • (Witness) Revised to February, 1970 Z-94,CIG-0 SB$715b-t2) Printed in U.S.A. �� F.9633D(2)—2/80 Attorney-In-Fact (Title) GMAT A1VERIC'N INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No.0 1 2349 SEVEN 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 its true and lawful attorney-in-fact, for it and in its name,place and stead to execute in 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 GEORGE A. GOETZ ALCYONE E. THUOT ALL OF ALL HAROLD W. MOILANEN SUSAN SENTKOWSKI MILWAUKEE, WISCONSIN UNLIMITED KAREN A. RECHLICZ DONNA E. MURPHY MICHAEL TAGTOW This Power of Attorney revokes all previous powers issued in 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 5th day of December , 1983 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 5th day of December, 1983 ,before me personally appeared ROBERT M.SCHUDER,to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the 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. 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 August 20, 1979. RESOLVED: That the President, the several Vice Presidents and 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 in 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 may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or 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, KAREN HOLLEY HORRELL, Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 22nd day of July 19 85 S 1029J (8/83)