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HomeMy WebLinkAboutVanAsten Heating & Sheet Metal 8133/79005 C/2 Phase II GENERAL CONSTRUCTION WORK Lump Sum Base Bid No. 1. Phase II General Construction Work for the sum of Dollars ($ ALTERNATE BID NO. LA If stage rigging and grid work demolition is added to the scope of General Construction Work Add to Base Bid No. 1. the sum of Dollars ($ ALTERNATE BID NO. 1B If cleaning of Annex north, west and south walls are added to the scope of General Construction Work Add to Base Bid No. 1 the sum of Dollars ($ ALTERNATE BID NO. 1C If existing second floor Annex windows and one door are replaced with new wood windows as a part of General Construction Work Add to Base Bid No. 1 the sum of Dollars ($ ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) HEATING, VENTILATING AND AIR CONDITIONING WORK Phase II Restoration & Rehabilitation The Grand Opera House Oshkosh, Wisconsin ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced within 10 calendar days after the Owner' s written notice to proceed, but not later than October 15, 1983 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than June 29 , 1984 (Here insert any special provisions for liquidated damages relating to failure to complete on time.) There are no liquidated damages. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 FILE NO. 8133/79005 — PHASE II ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of NINTY EIGHT THOUSAND NINE HUNDRED AND NO/100THS DOLLARS ($98, 900 .00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) Basis For Contract Sum Contractor' s Proposal Dated 13 September 1983 Lump Sum Base Bid No. 3 , accepted $97 ,000 . 00 Alternate No. 3A, accepted 1 ,900 .00 TOTAL CONTRACT SUM $98,900 .00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than twenty—three days following the end of the period covered by the Application for Payment ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the•Owner; •• - ... • •• •. • . . . . .. (If not covered elsewhere in the Contract Documents,here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) 10% will be retained on the value of the first 50% of the work. There will be no retainage on balance to completion. Upon determination by the Architect/Engineer that satisfactory progress has been made, payments authorized at time of substantial completion shall be for total retainage in contract except that an amount equal to twice the estimated cost to complete or correct items on a tentative list of uncompleted items shall be retained until final completion. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 FILE NO. 8133/79005 - PHASE II • • ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner t6 the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement,the Conditions of the Contract(General,Supplementary,and other Conditions), the Drawings, the Specifications,and any Addenda and accepted alternates,showing page or sheet numbers in all cases and dates where applicable.) SPECIFICATION, File 8133/79005, Dated 18 August 1983 Pages Thru TITLE PAGE 1 Page TABLE OF CONTENTS TC/ 4 CONDITIONS OF THE CONTRACT 19 General Conditions SC/18 Supplementary Conditions Federal Requirements and Regulations Appended Agreement Between Owner and Contractor 1- 2 Non-Federal Labor Standards Provisions (See Supplementary Conditions, Art. 37) U. S. Department of Labor Digest of Davis Bacon Regulatory Changes 1- 2 Part III, Labor Standards Provisions 1-15 Part 5, Labor Standards Provisions 1-21 Payroll Instructions and Forms 8-20 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions 1-13 Affirmative Action Requirements and Equal Employment Opportunity 1- 6 Executive Order 11246 Equal Employment Opportunity 1-13 Contract Compliance 1- 2 Equal Opportunity Provisions 3- 4 (continued) . - : . . .. . . . , . ... OWNER �� CONTRACTOR AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ®1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 Pages Thru Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity 1- 3 Equal Opportunity Clauses 1- 3 Standard Federal Equal Employment Opportunity Construction Contract Specification 1- 5 Sample Equal Opportunity Policy Statement 1- 2 Employer Information Report EEO-1 1- 3 General Requirements GR/17 DIVISION 15 - MECHANICAL (Applies to Divisions 15A, 15B, 15C) Section - Title 15000 - General Provisions 15000/ 8 15050 - Basic Materials and Methods 15050/11 DIVISION 15B - HEATING, VENTILATING AND AIR CONDITIONING Section - Title 15601 - Vibration Isolation 15601/ 2 15608 - Natural Gas Fuel System 15608/ 2 15750 - Coils 15750/ 2 15763 - Air Handling Units 15763/ 3 15772 - Packaged Rooftop Heat/Cool Equipment 15772/ 6 15820 - Air Distribution Fans 15820/ 2 15840 - Ductwork and Accessories 15840/ 4 15870 - Air Diffusers, Grilles and Registers 15870/ 3 15890 - Sound Attenuating Systems 15890/ 1 15902 - Control and Instrumentation 15902/ 4 15907 - Testing and Balancing Air Systems 15907/ 3 ADDENDA TO SPECIFICATIONS No. 1, dated September 6 , 1983 No. 2 , dated September 6 , 1983 DRAWINGS , File 8133/79005 - Phase II, dated 18 August 1983 Title Sheet 1 Sheet Heating, Ventilating and Air Conditioning M-1 and H-1 thru H-9 CONTRACTOR' S PROPOSAL, dated 13 September 1983 Pages C/1 thru C/9 , attached hereto. FILE NO. 8133/79005 - PHASE II 5 IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin has caused this Contract to be sealed with it' s corporate seal and to be subscribed to by it ' s City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto sets it' s, his or their hand and seal the day and year first above written. In the presence of: CONTRACTOR VANASTEN HEATING & SHEET METAL *2%x) // XjAaet../ By Q_ CJ Title (Seal of Contractor - if a Corporation) OWNER CITY OF OSHKOSH, WISCONSIN By diA,„C 7LC William D. Frueh, City Manager B 0111111116 - I hereby certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under this Contract. (Seal of City) City Comptroller Approved as to form and execution 7,74e 1v,', 0//City Attorney FILE No. 8133/79005 - Phase II 6 8133/79005 (SUB'MIT IN DUPLICATE) C/1 Phase II BID FORM PHASE II RESTORATION AND REHABILITATION THE GRAND OPERA HOUSE FOR THE GRAND OPERA HOUSE BOARD THE CITY OF OSHKOSH, WISCONSIN BIDS CLOSE: 2 : 00 P.M. , 13 September 1983 AT: Office of City Clerk City Hall Oshkosh, Wisconsin TO: City Manager City of Oshkosh, Wisconsin (A Corporation) WE Vanasten Heating & Sheet Metal, Inc of Route 5, Box 351D Appleton Street City Wisconsin 54915 788-5611 State and Zip Telephone No. hereby agree to execute proposed contract and to furnish a satisfactory Surety Bond in the amount specified and to provide all labor and materials required to complete the construction of project designated above, for prices set forth below, in strict accordance with Contract Docu- ments prepared by Yarbro-Kempinger Architects, Inc. and Pfaller Herbst Associates, Inc. , 1018 West South Park Avenue, P.O. Box 2096, Oshkosh, Wisconsin 54903, File No. 8133/79005 Phase II, and dated August 18 , 1983. Phase GENERAL Lump S CONSTRUCTION for the of WORK C/2 1. Phase II Genera/ Construction Work ALTERNATE Do11 ars ($..---------------) If o f Genera/ ggln O' 1A Add to nera1 Construction d grid work Base Bid NO. 1. th Work demOZltiOn is added to the scope If ALTERNATE 1 BID N Dollars ($ the scope n f Genera/Annex north, ) Add to Base Bid Anne Construct west and No, 1 t ton Work oath wa he sum of 11s are added to I LT ELATE Dollars ($ with new wBID COo,d 1C ) Ad °d windows Annex Add to Base Bid N lows as a part No. 1 the sum °� of Genera/and Cone onstruction oOr are Wo /aced DO11ars ($ ) 8133/79005 C/3 Phase ALTERNATE BID NO. 1D If Annex south wall first floor doors and windows including related frames, trim and alternate hardware allowance are added to the scope of General Construction Work Add to Base Bid No. 1 the sum of Dollars ($ UNIT PRICES (Applicable to Base Bid No. 1) 1. Removal of existing concrete walks, per square foot $ 2. Concrete walks with sand lifts, 5" thick, 6 x 6 ,. 10/10 mesh rein- forcing per square foot $ 3 . Brick Joint Tuckpointing, per square foot of brick surface $ PLUMBING WORK Lump Sum Base Bid No. 2 Phase II Plumbing Work for the sum of Dollars ($ HEATING, VENTILATING AND AIR CONDITIONING WORK Lump Sum Base Bid No. 3 Phase II Heating, Ventilating and Air Conditioning Work for the sum of Ninety Seven Thousand and 00/100 Dollars ($ 97,000.00. ) 8133/79005 C/4 Phase II ALTERNATE BID NO. 3A If natural gas service to the Emergency Generator Set is added to the scope of the Heating, Ventilating and Air Conditioning Work Add to Base Bid No. 3 the sum of One Thousand Nine Hundred and 00/100 Dollars ($ 1,900.00. FIRE PROTECTION WORK Lump Sum Base Bid No. 4 Phase II Fire Protection Work for the sum of Dollars ($ ELECTRICAL WORK Lump Sum Base Bid No. 5 Phase II Electrical Work for the sum of Dollars ($ ALTERNATE BID NO. 5A If the Emergency Electric Generator Set with related accessories is added to the scope of the Electrical Work Add to Base Bid No. 5 the sum of Dollars ($ 8133/79005 C/5 Phase II SUBCONTRACTOR LISTING (required of all Bidders) SUBCONTRACTOR NAME TRADE AND ADDRESS Temp. Control Control Design '/28 W. Frances Appleton, WI 54912 Insulation Bartelt Insulation 1330 Ballard Road Appleton, WI 54911 (Attach a sheet if additional spaces are required) ADDENDUM RECEIPT We acknowledge receipt of the following Addendum NUMBER DATE NUMBER DATE NUMBER DATE 1 9/6/83 2 9/6/83 8133/79005 C/6 Phase II COMMENCEMENT AND COMPLETION The undersigned agrees if awarded the contract, to commence the contract work on a date to be specified in a written Notice of Contract Award, in accordance with Article 30 of Supplementary Conditions and to substantially complete the work on or before June 29, 1984 . Accompanying this Proposal is Bid Bond certified check, bid bond, etc. in the amount of 5% of total bid ($ ) as called for in the Instructions to Bidders. Vanasten Heating & Sheet Metal , Inc . (Name of Corporation, Partnership or Person submitting Bid) Signat e President (Seal - if Bid is by Title, if any Corporation) NOTE 1 : This bid will be rejected if the Bid Form has been altered or changed in such a way that it incorporates unsolicited material, either directly or by reference, which would alter any essential provision of the contract documents or require consideration of unsolicited material in determining the award of the contract. NOTE 2 : If this bid is not accompanied by a bid guarantee, it will be considered NO BID and will not be read at the bid opening. NOTE 3 : Bidder shall complete the Equal Employment Opportunity Compliance Certificate and the Certification of Bidder Regarding Equal Employment Opportunity on pages C/7 , C/8 , and C/9. 8133/79005 C/7 Phase II EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE As used in this certificate the term "subcontract" includes the term "purchase order" and all other agreements affec- tuating purchase of supplies or services. If this certi- ficate is submitted as part of a bid or proposal the term "Seller" shall be deemed to refer to the Bidder or Offeror, or Subcontractor or Supplier. This certificate shall be renewed annually. Notwithstanding the foregoing the certifications made herein shall remain applicable until completion of all nonexempt subcontracts awarded while this certificate is in effect. The undersigned Seller certifies the following to The City of Oshkosh, Wisconsin hereinafter referred to as Buyer: A. REPORTS : Within thirty (30) days after Buyer' s award to Seller of any subcontract and prior to each March 31 thereafter during the performance of work under said subcontract, the Seller shall file Standard Form 100, entitled "Equal Employment Opportunity Employer Infor- mation Report EEO-1" in accordance with instructions contained therein, unless Seller has either filed such report within 12 months preceding the date of the award or is not otherwise required by law or regulation to file such a report. B. PRIOR REPORTS: Seller, if he has participated in a previous contract or subcontract subject to the Equal Opportunity clause (41 C.F.R. Sec. 60-1. 4 (a) (1) through (7) , or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of the Executive Order No. 11114 , has filed all required compliance reports. Seller shall obtain similar representations indicating submission of all required compliance reports, signed by proposed sub- contractors, prior to awarding subcontracts not exempt from the Equal Opportunity clause. C. CERTIFICATION OF NONSEGREGATED FACILITIES: Seller certifies that he does not maintain or provide for his employees any segregated facilities at any of his esta- blishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are main- tained. Seller agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this certificate. As used in this certification, the term "segregated facilities" means any waiting rooms, work 8133/79005 C/8 Phase II • • area, rest rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or enter- tainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom or otherwise. He further agrees that (except where he has obtained identical certifications from pro- posed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods) : NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES. A Certifi- cation of Nonsegregated Facilities, as required by Section 60-1. 8 of Title 41 of the Code of Federal Regulations, must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. The certification may be submitted either for subcontract or for all subcontracts during a period (i.e. , quarterly, semiannually, or annually) . (Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001) . D. AFFIRMATIVE ACTION COMPLIANCE PROGRAM: Prior to 120 days after receipt of any subcontract in the amount of $50, 000 or more from Buyer, Seller, if he has 50 or more employees and is not otherwise exempt under 41 C.F.R. Part 60-1, shall have developed for each of his establish- ments a written affirmative action compliance program as called for in 41 C.F.R. Sec. 60-1. 40. Seller will also require his lower-tier subcontractors who have 50 or more employees and receive a subcontract of $50 ,000 or more and who are not otherwise exempt under 41 C.F.R. Part 60-1 to establish written affirmative action compliance programs in accordance with 41 C.F.R. Sec. 60-1. 40. E. Seller certifies that he is not currently in receipt of any outstanding letters of deficiency, show cause, probable cause, or other such notification of non-compli- ance with EEO regulations. Executed this 13th day of September 1983 by: Firm Name Vanasten Heating & Sheet Metal , Inc. By Title President Seller • • 8133/79005 C/9 • • Phase II U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25) . The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any pre- vious contract or subcontract subject to the equal oppor- tunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name Vanasten Heating & Sheet Metal, Inc. Address and Zip Code RT 5, Box 351D, Appleton, WI 54915 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes j No El (If answer is yes, identify the most recent contract.) 2. Canpl-fiance reports were required to be filed in connection with such contract or subcontract. YeslYi No❑ (If answer is yes, identify the most recent contract.) Outagamie County Airport Terminal Expansion 3. Bidder has filed all compliance reports due under applicable inst.' ictions, including SF-100. Yeses No❑ None Required❑ 4. If answer to item 3 is "no", please explain in detail on reverse side of this certification. Certification - The information above is true and canplete to the best of my knowledge and belief. Floyd Vanasten, President Name and Title of Signer (Please Type) September 13, 1983 — Signature Date • • • WISCONSIN SOCIETY OF ARCHITECTS W �� • THE AMERICAN INSTITUTE OF ARCHITECTS ;ett t.h., WIS. AIA DOCUMENT w JULY 1980 ED. WIS. A312 c0 a P. PUBLIC IMPROVEMENT Pn rn PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND d THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT A TO SECTION 779.14 WISCONSIN STATUTES. V KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) Van Asten Heating & Sheet Metal, Inc. Rte. #5, BgxP 51D - Appleton, Wisconsin 54915 as Principal, hereinafter called Princi pal, and, (Here insert the legal title and address of Surety) United States Fidelity & Guaranty Company P.O. Box 26009 Milwa tkee I 5322 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) Grand Opera House Board for the City of Oshkosh, WI as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Ninety-eight thousand nine hundred and DO/l00----Dollars ($ 98,900.199 (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 9/21 19 83, entered into a contract with Owner for Heating, Ventilating and Air-Conditioning for the Restoration and 12ehabilitatio 1. of the Grand Opera House - Oshkosh, WI 54901 In accordance with drawings and S eci Ication prepared y mete-insert full name, title and address) Pfaller Herbst Associates in association with Yarbro-Kempinger Architects 3112 W. Highland Blvd.-Milwaukee, WI - P.O. Box 2096- Ophkosh, WI which contract is by reference made a part hereof and is required by Section 779.14, VVisconsin Statutes, a F to The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES m WIS. AIA DOC. WIS. A312JULY. 1980ED. PAGE 1 Copr. 1969 Wisconsin Society of Architects/AIA 615 E.Washington Ave. Madison.Wis. 53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, • to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 21st day of September , 1983 . IN THE PRESENCE OF: Van Asten Heating & Sheet Metal, Inc, Principal r , ////, , /l By: � / (seal) Witness Tide' President United S;tes Fidelit & Guarant Company G G� B,: i/�. : ICI . / iLl (Seal) W1Lne' Tile:�� torney in Fac! ,/ 'P s APPRO • BY* IN THE PRESENCE OF: ✓' Owner dlrtr `�< #A42/1"-€ By: 1 (Seal) Witness C/T// ,�/(Y��`�'0; /-/,/' O / 5. �a4 *This bond shall be approved in the case of the state by/the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312 JULY 1980 ED. PAGE 2 CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 89412 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 Robert N . Hartjes , William J . Janssen , Joseph F . Walsh and Grace Willey of the City of Little Chute , State of Wisconsin its true and lawful attorney S in and for the State of W i s cons i n 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 whatsoeverSYll anyone of the said Robert N. Hartjes and the said William J. Janssen and the said Joseph F. Walsh and the said Grace Willey 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 9th day of March , A. D. 19 79 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By„ James D. Rector Vice-President. (MU') Ray H. Britt (Signed) Assistant Secretary. STATE OF MARYLAND, } BALTIMORE CITY, On this 9th day of March , A. D. 19 79 before me personally came James D. Rector , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Ray H. Britt , 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 James D. Rector and Ray H. Britt 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..$2... (SEAL) (Signed) Margaret M. Hurst Notary Public. STATE OF MARYLAND Ij Sot. BALTIMORE CITY, William Allen , Clerk of the Superior Court of 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 acknowledgments, or proof of deeds to be recorded therein. I further certify that I 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 Superior Court of Baltimore City, the same being a Court of Record,this 9th day of March , A. D. 19 79 • William Allen (SEAL) (Signed) Clerk of the Superior Court of Baltimore City. ..;•.. FS 3 (647) ,,,� 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 of the Dominion of Canada and in the Colony of Newfoundland. There/ore, 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 con- tracts 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 of the Dominion of Canada or of the Colony of Newfoundland, 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 whatsover, 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. James T. Beresheim , 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 Robert N. Hartjes , William J. Janssen , Joseph F. Walsh and Grace Willey of Little Chute , Wisconsin , authorizing and empowering them 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 11th day of July, 1910, 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. 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