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Packer Valley Builders, Inc
CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 7th day of June, 1985 , by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and PACKER VALLEY BUILDERS, INC., of 3589 Clairville Rd., Oshkosh, WI 54904, 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: ARTICLE I . SCOPE OF WORK 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 refurbishing Lakeshore Municipal Golf Course maintenance building pursuant to Resolution #20 adopted by the Common Council of the City of Oshkosh on 6th day of June, 1985, • 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. ARTICLE II . TIME OF COMPLETION 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. ARTICLE III . PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $7823,00 , 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 1 a "Unit Price" basis, the above mentioned figure is an estimated for the performance of the contract the amounts determined for the total number of 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 contract. (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. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS 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. ARTICLE V. COMPONENT PARTS OF THE CONTRACT 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 enumer- ated 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 "Con- tractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. 2 f IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be sub- 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 Atz er-- -7-<-<-- _‘--- By: // il (Seal of Contractor if a Corporation ) (Specify Title) By: (Specify Title) CITY OF OS.KOSH By I. &' 1 &. By: (Wi 4,ess) , Wil m D. Frueh, C ,ty Manager ��� f ���f f � t t�� And: -,2 �� C1 i,� ) (Wity/ess) Donna C.Serwas, City Clerk I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. Edward A. Nokes, City Comptroller Approved as to form: LL-k_AA.C-1..,- P\ "r Warren P. Kraft, ss , C ty Attorney 3 V . V � V V V V SET TAB STOPS AT ARROWS ISSUE DATE(MM/DD/Y'{) Of ,, CERTIFI ATE OF INSURANCE 06/20/_85 _ PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS The Thomas Corporation EXTEND OR�ALTER H THE COVERAGE AFFORDED DED BY THE IPOLICES BELOW.AMEND, P. 0o Box 358 - — — -- Oshkosh, WI 54902 COMPANIES AFFORDING COVERAGE COMPANY A 414-235-6461 (LETTER Maryland Casualty Company {I COMPANY B INSURED LETTER Packer Valley Builders, Inc. COMPANY c LETTER 3589 Clairville Road Oshkosh, WI 54901 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 BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE HE POL C ES DESCRIBED HEREIN O IS SUBJECT TO ALL PTHE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. PO CY E FEC1DE OL!CY EXPIRATION IABILITY LIMITS IN THOUSANDS CO T1'?E OF INSURANCE POLICY NUMBER DATE IMM/DO^f', DATE 1MM/DDD') 7.,:,,,i,; '°� EACH AGGREGATE LTR I ,�� . OCCURRENCE GENERAL LIABILITY BODILY $9/20/85 INJURY $ A x COMPREHENSIVE FORM SMP47940391 09/20/84 9/2 1 x PREMISES/OPERATIONS ■ PROPERTY $ UNDERGROUND ,--- EXPLOSION&COLLAPSE HAZARD 1 x PRODUCTS/COMPLETED OPERATIONS I B &PD X' COY .,ACTUAL COMBINED I $ j $ X INDERAPEN1 ONTRACTOI?S - ;1�000�� 1,000, B> A' FORM PROPERTY DAMAGE 11000, • X EPSG,... , X P R,IvA. IN)IIRr — — , AUTOMOBILE LIABILITY LTs._. ` AJ R $ "� . NAM67336391 09/20/84 09/20/85 : _ q,a 4 � AC rJ `i) I � 'III I ALL 7v"JNED AUTOS(PRIV PASS' FN I $ '4' *4.- �� ALL OWNED AUTOS(OTHER.THAN1 r-q ACCIDENT e PRIV AS II `'x, ' I PROPERTY;X; HIRED AUTOS i _ DAMAGE I /4754407190. I X I NON-OWNED AUTOS BI&PD ! GARAGE■LIABILITY ! I COMBINED 1$ r)00 , EXCESS LIABILITY I I A+ x UMBRELLA FORM UB07376726 09/20/84 j 09/20/85 %COMBINED!$ I$ 1 OTHER THAN UMBRELLA FORM I 1,000, 1,000, STATUTORY *: �'74,,,t1rVtAgERfl A WORKERS' COMPENSATION 09/20/84 09/20/85 ten'; (EACH ACCIDENT) TC522013239 $100_, AND ! $ 500 (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY 4'1,..:.::::;,..$100 (DISEASE-EACH EMPLOYEE) OTHER I I I - DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Contractor CERTIFICATE`HOLDER CANCELLATION Cit of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- y PIRATIO{�-,DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 215 Church Ave. MAIL 1U 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 54901 OF ANY KItS,UPAN THE COMPANY, ITS. ENT OR REPRESENTATIVES. AUTHORIZES, REPRES TATIVE t-, 1. 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CO 4-> a) 0 'd O cn r-i 'O O c- S: ,- S.. a) v- •H = .Z 00 0 CD 4.) > O 0 O 4.) Cd C (/) a) O., U) CT al a) CT bC in o25 < lfl 0 (f) in >,H Ill •H O (f) CU •r1 S. (I) H N .0 H CV H .--1 > H 0,.x 3 4-) 0 3 S. S. 3 .-1 L rH O •r-I S. N fbU RS •r1 O P. 0 ^ 'd 0 ^ cd s. .0 .0 .0 0O .0 rH _0 +) CO (f] -4-) U U) •H O U) S. C) U) S. 0 U) 0 CO 0 CU 0 .0 m .0 Fa0 Cr .0 0 O .0 0 CO .0 0 k.O U) 0 L C1 (/) Cd N U) al LIM U) 10 -- O • - 0 0 - 0 G1. mO 1 PROPOSAL We , the undersigned , propose to refurbish the Lakeshore Municipal Golf Course Maintenance Building according to plans and noted specifications for the following amount : $ 7 2K = vie,jr„,(igur iz„w�riting, � �� Cf �c Numbers 442,v es4480-'-z--) 47.6.eLs,v,&_ef..A2a Construction to begin in J/0 days after award of contract . Completion in 4j 0 days . AL/L, •i i ame o ompany ,9 w title of erson making out t e bid SUBMITTED BY: 7 ( ' 9 Address `" 1985 C/� iC � / 0/ Date City , tate, Zip NOTE: Certified check , bid bond, or cashier 's check for 5% of the bid must accompany this proposal . si Bond No Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we,._ August Pitz & Sons Oshkosh, WI , as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the"Surety"),are held and firmly bound unto City of Oshkosh Oshkosh, WI as Obligee, (hereinafter called the "Obligee"), in the sum of Five Percent of Maximum Bid Dollars ($ 5% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for General Construction for Alterations to Lakeshore Municipal Golf Course Maintenance Building, Oshkosh, WI. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such•bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 3rd day of June A.D. 19 85 August--P.i.tz-.-&-..Sons (SEAL) ---•iZe.-4/17 Principal Witness a);) y'7,�_ -> Owner Title FIDELITY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By (SEAL) ✓ Witness Attorney—i fact (SgAL C325d-150M, Approved by The American Institute of Architects. A.I.A. Document No.A-310 February 1970 Edition. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. RECUT, JR, , Vice-President, and C o W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com pany, which reads as follows: "The President,or any one of the Executive Vice-Presidents,or any one of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto," does hereby nominate, constitute and appoint Thomas J. Pupete:r and. Thomas P. Wagner both of Oshkosh, Wisconsin, EACH0000000O09009edeeesc00 000 naa000o o, o000000000.000* * n. da.,o_o its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed:any and all bonds and undertakings, each in a penalty not to exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000). . . ... . . . . . . . . . n e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this --------°-- nth day of___-.____---- Qct_ob-er , A.D. 1978 FIDELITY AND DEPOSIT COMPANY OF MARYLAND ° .< cat ATTEST: 'S o SEAL =4 eIA',°env PN ''� B �%=r By Assistant Secretary Vice-President STATE OF MARYLAND t SS: CITY OF BALTIMORE f On this 5th day of October , A.D. 19 78 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. ,. .pAT. , %.:76% OTAq 71) 2 •N Y, Notary Public Commission Expires Jul" 9. o rY P "� $G '•.PUBIic•�� CT�MpR..... CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 3rd day of June 19-85 /iPI• Assistant 'ecretary L1419Ctf.-1 M,9-81 21 R ROTECTIOti LOOK FOR THE F&D WATERMARK- INTEGRITY MUTUAL INSURANCE CO. APPLETON, WISCONSIN 54911 Bid Bond -/254559 55 4 KNOW ALL MEN BY THESE PRESENTS, that we Dan Binder d_ba Binder Constructio 170E5 Congress Ave. as Principal, hereinafter called the Principal, and Oshkosh, integrity Mutual Insurance Co. P. 0. Box 539, Appleton, dpi. 54912 a corporation duly organized under the laws of the State of Wisconsin as Surety, hereinafter called the Surety, are held and firmly bound unto C-i t T of Oshkosh as Obligee, hereinafter called the Obligee, in the sum of ^O 6 of attached Bid Dollars ($10 (of for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Alterations to La' es^.ore Municipal Golf' Course Maintenance 3uild.in , City of Osh_k_osh , Oshkosh .. Wisconsin NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this. 5t1.1 day of June 19 `.5 Binder Construction C,omoan. 1111"1" :::L-21r-1:‘�., ,�''(Yf//�,'� (Principal) (Witness) ^'mil✓ Daniel Bina etTitle) ,- (Surety) (Seal) 7J/ i t.1 Q�� vCld l�� (Witness) Brenda Llli s Tite Attorney-in-Fact.Approved by the American Institute of Architects, A.I.A.Document No.A-310 February 1970 Edition BS-1960 500 Rv.3/75 DATE AND ATTACH TO ORIGINAL BOND INTEGRITY MUTUAL INSURANCE CO . APPLETON, WISCONSIN '54912 NO 1 aq tri POWER OF ATTORNEY 254559 55 4 KNOW ALL MEN BY THESE PRESENTS: That the INTEGRITY MUTUAL INSURANCE COMPANY OF APPLETON, WISCONSIN, a Wisconsin Corporation, having its principal office in the City of Appleton, County of Outagamie, State of Wisconsin, pursuant to the following Resolution, adopted by the directors of said Company on November 6, 1968, to wit: "RESOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity, and other writings, obligatory in the nature thereof. Said officers may at anytime remove and revoke the authority of any such appointee. The Corporate Seal is not necessary for the validity of any bonds of the corporation." does hereby constitute and appoint G. J. PEEPLER AND BRENDA ELLIS its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. Provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed Two Hundred Thousand and no/100 ($200,000.00) Dollars, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTEGRITY MUTUAL INSURANCE CO.,APPLETON, WISCONSIN, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF, the INTEGRITY MUTUAL INSURANCE CO., OF APPLETON,WISCONSIN, has caused these presents to be signed and its corporate seal to be affixed by its authorized officer this 2nd day of May 19 79- # /) Attest _ /J/f Richard A.Paulsen,President OF WISCONSIN lhnson,Vice President COUNTY OF OUTAGAMIE i sa �\\\'�Iv►\Y1�\111 On this 2nd day of May — , 1979_.., before me, a notary public, e4�kg�,idR'Ji ' I f to me personally known, who executed the preceding instrument, and being by me duly sworn, said t e •.4, described and authorized officer of the INTEGRITY MUTUAL INSURANCE CO., APPLETON, WIS ' : that the s, affixed to said instrument is the corporate seal of said Company, and the said corporate seal and h. Og att g1 ereLdu affixed by the authority and direction of the said Corporation. / JOHN IN WITNESS WHEREOF, I have hereunto set my hand, and affixed my official seal at the City of4pgl ton, the''ay a year first above written. ��! n ,,;fly ✓ ,/ — e. „d "F ,j.- p, _- My commission expires January 4, 1981 �' ti , % John L.McCoy,Notary Publ• '`,`A ( .f STATE OF WISCONSIN COUNTY OF OUTAGAMIE SS' Cornelius._RFaulkner,Jr. , Secretary of thwpt�►V": ' .'ITY I• ----------- ----- MUTUAL INSURANCE CO., APPLETON,WISCONSIN,do hereby certify that the foregoing is a truce ': t i o•`, 'f Power of Attorney issued by said INTEGRITY MUTUAL INSURANCE,APPLETON,WISCONSIN,and that I h cow p=ared sa - the ORIGINAL on file in the Home Office of said Company, and that it is a correct transcript thereo ,6f \k oi' said original, and that the said Power of Attorney has not been revoked and is now in full force ar! e O dlJ' ,\ tie` In WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, + ed t rate se le7 y ■ t. A L �°j. of the Company at the City of Appleton,Wisconsin, this L- '�- da • of - . l t5 PP I1 y June ®19_ CO J.Faulkner,Jr., BS-1941 1M 5/79 Rv. (COMPLETE JURAT OVERLEAF) STATE OFWisconsin lss. JURAT COUNTY OF Jinn.eba{ro f On this__5th day of jun @ 19,3_5 (name of Attorney-in-Fact signing bond) to me personally known, and appeared before me, a Notary Public, within and for said County and State, who being duly sworn, upon oath, did say that he is the Attorney-in-Fact of and for the INTEGRITY MUTUAL INSURANCE COMPANY, a corporation created, organized and existing under and by virtue of the laws of the State of Wisconsin; that the Corporate seal affixed to the foregoing within instrument is the seal of said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said affiant did acknowledge that he executed the said instrument as the free act and deed of said Company. Notary Pub* �/ My commission expires-- 6 e/&1 ___ _ Bond No Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Robert J. Albright Construction Oshkosh, WI , as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Oshkosh Oshkosh? WI as Obligee, (hereinafter called the "Obligee"), in the sum of 10% of Maximum Bid Dollars ($ 10,0 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for General Construction for Alternate to Lakeshore Municipal Building NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such•bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 3rd day of June A.D. 19 85//_/ i il - z;77/1 ./ Bp_tzert_.�7_._._A�ba�.�ght Construction (SEAL) 2ral X ' Witness J ( i�G� Owner Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety zr....:// ,-,/ ,` , 2> -� c c. By (SEAL) �'` Witness Attorney-in act `•'•tle C325d-150M, Approved by The American Institute of Architects, A.I.A. Document No,A-310 February 1970 Edition. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C e M. PECOT; JR, , Vice-President, and C o W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Corn pany, which reads as follows: "The President,or any one of the Executive Vice-Presidents,or any one of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto," does hereby nominate, constitute and appoint Thomas J o Pupete:c and. Thomas P a Wagner, both of Oshkosh Wisconsi.n , EACH oa, , ao, aa ,seaa , ae0 ,.6oneea as aaaa aoaaaa oae .Ole s rue an. aw u agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed:any and all bonds and undertakings 2 each in a penalty not to exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100;OOO� aeee� oa , aa ,dao - �-�-o-� no e execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of .__October , A.D. 1978 FIDELITY AND DEPOSIT COMPANY OF MARYLAND :rap DE POg�i ' oo ATTEST: SEAL 2 'id �._ (K `�I.M,AV�PNr\•� -_.. By Assistant Secretary Vice-President STATE OF MARYLAND i SS: CITY of BALTIMORE f On this 5th day of October , A.D. 19 7$ before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year • uuu w:nri, first above written. OTARY'N Z °r * •4F_ •• - Notary Public Commission Expires._ u,:Y__,L_A___,?,8 n •• �''.n °•c�'`'' CERTIFICATE , 0,,E,,,00``. I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and 198x5 the corporate seal of the said Company, this 3rd day of June • Assistant ecretary L3419Ctf.—I M,9-dI 2lfse)R1 RBhRO'I'EC"I•IO�,� LOOK FOR THE 1:6,-,1) \V V'I'ERMIA .K 5': •45'% fd�+'yyi ::t t!ir�i :.>. 4ry4Sr: '�' rlr�ii4 ��r�. ,:31 Al,: °rA4rr �rrke5. i. 4rs f" � I MM�� •• ... ...`1A .,.• ." .. •y., p .4• af4 r,.Niy ••t tit's .4„;;;;:6/,„riM;;::wxl`'�4'•sfs:ei?`r?' ''4ejzti� :Yr ,...., �;,,.}���..!u.�.es. ...., :}_ •T.' � ti �, NO . Fiii = ,„, UNITED STATES FIDEL � - �ARANTY COMPANY iail? (A�St :r `'any) BID BOND '- E , `q BOND NUMBER iq KNOW ALL MEN BY THESE PRESENTS: THAT 4F'..L . I Ir� %.......L u ,. of .590 ; c..?,27.31- .Pd t( ,jktr// '''''::.,:::',:.;:.-i':,:17- }r 03(i i<c) ,),'f.......� 6l,"I , as Principal , and UNITED STATES FIDELITY ANND are held and firmly bound unto C),. ./1C,..SIf Mvtie.,./..f?tlZI`' r' =? GUARANTY COMPANY, a Maryland corporation,as Surety, Y 6c,4 F Cz t;,i/5 [. k as Obligee, in the full and just sum of F !" _ E:::,;E; l�r"6t,/k/r D Dollars, :: ild lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, I administrators, successors and assigns,jointly and severally,firmly by these presents. k 3 ` WHEREAS. the said Principal is herewith submitting its proposal Et'; e.g G f °U1L c. U THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of .1. the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between : the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work j if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. r `_?; Signed, sealed and delivered l// I1$--: k",i ate) € (BEAU '.,' (SEAL) E- ` UNITED STATES FID AND GUARANTY COMPANY "/44' i i Attorney In-fact Contract 11 (Revised) (1-?4) 7,_° CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 96050 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Jeffrey J . Richards of the City of Oshkosh , State of Wisconsin its true and lawful attorney in and for the State of Wisconsin for the following purposes.to wit: To sign its name as surety to.and to execute, seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through us, its Board of Directors, hereby ratifies and confirms all and whatsoevfr the said Jeffrey J . Richards may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 22nd day of June , A. D. 1984 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By Qha.x.]..es W . .Boone Vice-President. (SEAL) Robert G . Bruce (Signed) Assistant Secretary. STATE OF MARYLAND, ) J ss: BALTIMORE CITY, 22nd day June Y of On this , A. D. 19 8 4.before me personally came Charles W. Boone , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Robert G. Bruce ,Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they.the said Charles W. Boone and Robert G . Bruce were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary.respectively, of the Company. My commission expires the first day in July, A. D. 19 86 Margaret M . Hurst (SEAL) (Signed) Notary Public. STATE OF MARYLAND I Sct. BALTIMORE CITY, I Saundra E. Banks , Clerk of the Circuit Court for Baltimore City,which Court is a Court of Record, and has a seal, do hereby certify that Margaret M . Hurst ,Esquire,before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City,the same being a Court of Record, this 22nd day of June ,A.D.19814 (SEAL) (Signed) Saundra E. Banks Clerk of the Circuit Court for Baltimore City. FS 3(1-83) �, COPY OF RESOLUTION That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland,and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact,or agent or agents of said Company,in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also,in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada,or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond,recognizance, obligation, stipulation,or undertaking,or anything in the nature of either of the same. Theodore G . Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Jeffrey J . Richards of Oshkosh , Wisconsin , authorizing and empowering him to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November,1981,at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on (Date) ks/011444614"..../4473f041447'' Assittant Secretary. BLUEPRINTS OF THE PROJECT ARE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE