7-16-d ( DOCUMENT VET SHEET for Karen McConnaughay Chairman, Kane County Board. Chairman signed:

Transcription

1 DOCUMENT VET SHEET for Karen McConnaughay Chairman, Kane County Board Name of Document: Contract/Contract Bond with Road Oil Inc, for Virgil Township Section # GM Submitted by: Linda Haines Date Submitted: 6/22/09 Examined by: June 2009 (Date) Comments: Chairman signed: 7-16-d ( (Date) c~~ Rev. 8/05

2 ~)\ 116nois Department ~of "iansportation Contract 1. THIS AGREEMENT. made and concluded the -..!.:14:!- 1 h dav of July, 2009 betweenthe ~C~o~un~t~v ~-- of Kane Month and Year actinq bv and throuqh its Chairman. County Board known as the partv of the first part. and _R~oa,.,d"'-""O"'"il'""'l""'n""'"c., known as the partv of the second part. his/their executors. administrators. successors or assiqns. 2. Witnesseth: That for and in consideration of the payments and agreements mentioned in the Proposal hereto attached, to be made and performed by the party of the first part, and according to the terms expressed in the Bond referring to these presents, the party of the second part agrees with said party of the first part at his/their own proper cost and expense to do all the work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this agreement and the requirements of the Engineer under it. 3. And it is also understood and agreed that the Notice to Contractors, Special Provisions, Proposal and Contract Bond here~ attached. andthepians~rsectlon ~N~o~. 0~9~-~16~0~0uO~-OL1~-~GwM~ ~~: in Virgil Township. approved bv the Department of Transportation of the,,-: :.' State of Illinois March are essential documents of this contract and are a part hereot : : : : : Date 4. IN WITNESS WHEREOF, The said parties have executed these presents on the date above mentioned..,>=:c~o,un'-"t'-ly_ Clerk, Bv The. : -"'~ ---""'"".. (Seal) (If a Corporation) (_. Bv (If a Co-Partnership) (Seal) Partners doinq Business under the firm name of (If an individual) Page 1 of 1 BLR (Rev. 7/05) Printed on 6/22/ :14:15 AM

3 Iii(;)\ Illinois Department ~of "tansportation Contract Bond Route County Local Agency Section Kane Virgil Township GM MFT We, Road Oil, Inc., Timberline Drive, Granville, IL a/an) 0 Individual 0 Co-partnership 1:8] Corporation organized under the laws of the State of as PRINCIPAL, and Old Republic Surety Illinois assurety, are held and firmly bound unto the above Local Agency (hereafter referred to as "LA") in the penal sum of Ninety Five Thousand Four Hundred Eight Six and 40/ , ,.,.-----,---,---:-:----:-:---:---:- Dollars ( $95, ), lawful money of the United States, well and truly to be paid unto said LA, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, jointly to pay to the LA this sum under the conditions of this instrument. WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the said Principal has entered into a written contract with the LA acting through its awarding authority for the construction of work on the above section, which contract is hereby referred to and made a part hereof, as if written herein at length, and whereby the said Principal has promised and agreed to perform said work in accordance with the terms of said contract, and has promised to pay all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished to such Principal for the purpose of performing such work and has further agreed to pay all direct and indirect damages to any person, firm, company or corporation suffered or sustained on account of the performance of such work during the time thereof and until such work is completed and accepted; and has further agreed that this bond shall inure to the benefit of any person, firm, company or corporation to whom any money may be due from the Principal, subcontractor or otherwise for any such labor, materials, apparatus, fixtures or machinery so furnished and that suit may be maintained on such bond by any such person, firm, company or corporation for the recovery of any such money. NOW THEREFORE, if the said Principal shall well and truly perform said work in accordance with the terms of said contract, and shall pay all sums of money due or to become due for any labor, materials, apparatus, fixtures or machinery furnished to him for the purpose of constructing such work, and shall commence and complete the work within the time prescribed in said contract, and shall pay and discharge all damages, direct and indirect, that may be suffered or sustained on account of such work during the time of the performance thereof and until the said work shall have been accepted, and shall hold the LA and its awarding authority harmless on account of any such damages and shall in all respects fully and faithfully comply with all the provisions, conditions and requirements of said contract, then this obligation to be void; otherwise to remain in full force and effect. Page 1 of 2 IL BLR (Rev. 7/05) Printed on 6/22/ :22:24 AM

4 IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused this instrument to be signed by their respective officers this 2nd day of July A.D PRINCIPAL (Company Name) (If PRINCIPAL is a joint venture of two or more contractors, the company names and authorized signature of each contractor must be affixed.) STATE OF ILLINOIS, COUNTY OF _B~u.:::=..r:::.e!::!:au.::: _ I, --'N'""a:;;;;n=c.;:;..y., ;:;;.J..;;...-=R:..;:;;o..;;;;a;..;;;c..;;;;h' , a Notary Public in and for said county, do hereby certify that Jerr Liebhart (Insert names of individuals signing on behalf or PRINCIPAL) who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument on behalf of PRINCIPAL, appeared before me this day in person and acknowledged respectively, that they signed and delivered said instrument as their free and volunta!y. act for the uses and purposes therein set forth. iven undec:jib~i~r ~ rotanal se I this day of 2009 ission ~tl!egy J. ROACH NOTARY PUBUC _-;.,:S:;:;TA-i-:J:=E::-;O;:::F;..:.,I;...,W""""N-:-::0::-::IS:::+- MY COMMISSION EXPIRES Old Republic Surety (Name of Surety) STATE OF ILLINOIS. COUNTY OF _.B...,u...,r...,e""'a""u... _ SURETY I, Nancy J. Roach, a Notary Public in and for said county, do hereby certify that Dolores J. Actis (SEAL) (Insert names of individuals signing on behalf or SURETY) who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument on behalf of SURETY, appeared before me this day in person and acknowledged respectively, that they signed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. Giv r." is 2nd day of July A.D OFFICIAL SEAL My commi sion e~im:lcy J. ROACH NOTARY PUBUC -STATE OF IWNOIS MY COMMISSION EXPIRES Approved this ~14~t~h dayof ~Ju~l~ I A.D County Clerk Page 2 of2 IL Printed on 6/22/ :22:24 AM BLR (Rev. 7/05)

5 *** OLD REPlBLIC ** * Surety Company POWER OF ATTORNEY KNOW ALL MEN BYTHggE~Ri:;SENTS: That OLD REPUBLIC SURETY COMPANY, ~0is~~~sin ~fpck in9l.lrance corporation,. ~;;~~~;.;~s:~~~~~~~~~, \M4R~ A. GEDRAITIS, D~~d~E~id< ~gft9~ ~Jb~ \ J~... RQf.\GH, OF spring. VA:IJiLEY,.;u:.J. ITs true and I:~J;~:9~ey(s)-in-~~~:. ~~hfull pow~r Jb a~~~~ ~b~::~~ding $1 o,ooo,ood, t;~ a~~ on behalf of the compan~~it~. to ~:~~e Jb delwer and affix the seaijjf.ftie company thereto (if a seal isfequir~d), b.onds/ undertakings, recognizances or other written obligations in the natur-6. thereof; (o}tjeif than bail bonds, bank depository bonds, mortgage deficiency bonds/mortgage gy$ranty bonds, guarantees of installment paper and note guaranty bbiids/self-insurance workers compensation bonds guaranteeing payment of ben$fitsiasbestos 8batement contract booq!'l lfl/<:l$.te management bonds, hazardous waste remediation bonds ~~=~i;i~~~~ot~~ ( ~~~~;~~=~~,~,2~~~~~'~ -~~~R~~~~~F 10 SINGLE OBlJJ;GAT:;[.Q}.i;.REGAI'(DtE$$...OF:..}:'HE NUMBER OF": INSTRUMENTS ISSUI!JD :FOR.TBE OBLIGATION..;;. }k~j@bind 0~~ R~PUBLI~ sdrej~ o~;~~y thereby, and ~h.~~.t~e acts of said Attorne~s~rALFa~t, p[r~~~nt i~ these presents, are r~ufi@d and confirmed. This docume!ipt is. notvallq unless printed on colored background and is multi-polored. Thjs appointment is made under and by authority of the board qf directors g,ta special meeting held on February 18, This Polflii3L9fAtJ:p.they is signed and sealed by facsimile under and by the auth6jjty pf tq~>following resolutions adopted by the board of directors Of the OLD REPUBLIC SURETY COMPANY on February 18, u RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of tht? (?.()FRP?nY to bonds, undertakings, recognizances, and suretyshipop.hm:ttions of all kinds; and said officers may remove any su()h attqrney::.jp-fact or agent and revoke any Power of Attorney prey.iously griiritf;ld to such person. }/ /! RESOLVED FURll-IER, thkt aqy bohp, uh~ert3kjng, recognizance, or suretyship obligi'ltip!) shai[p:ay\i!h~ an~. binding upbn tb~q9mpany (i) when signed by the president, any vide pteski!:jnt or assistant vice president, and attest~ arid seii31eq(if a seal be requireid) by any secretary or assistant se~~et$y; ot i\ \..... } ;.. ; \ \ < : \ <. :i. i / < {... '. (ii) whs['} 8i$neti byihe pf&,ic;le[)t.!j!flyvice ptesi9.~nt pras~i~! IQ~yjce president, secret<yyqfas.$istant secretary, and cou~t\'lrsighecl md S.!'l~l~d (if seal be requtfj:)g) qya duly authblized attomey-in factq(agent; or \. \. )?.(. / r \. \ (iii) wheri.pulje)(ecuted and sealed (if a se$1 bereq0i[ed)by one or more attorneys-in~ft:j,gtqfagents pursuant to and whl1h1 the ll.i:nits 9fthe authority evidenced pylhe Power of Attorney issuea by th~i:;ompany to sugh person or persons. ).... /) RESOLVED FURTHER, that the signature of any autho~ed officer aq4tm seal of the company may be affixed by facsimile to any P9w~ofAttdmey or certification thereof authorizing the execution and delivety.pfwjyi:lond, undertaking, recogniz@dc~,.qr other suretyship obligations of the company; and such signature and SeC\IIJVhen so used shall have the same force and effect,.as. though!jlahually a:tfi)~ed. IN WITNpSS\JYHERI;OF, OLD REPUBLIC SURETY COMPANY has 6auseqthe$Ei pres~rlts. to bgsigned by its proper officer, and its corporate se~ltot>~~ryix~~th.is... JBTH day of DECEMEER, 200'8:{..... N -~rn t'~/ ",,::,~~CJ;1:~:~: STATE of WISCONSIN, county off wau:kesh~ - ss : :. : ;-:. / :... :.,,,,,,,,,.,.,.~... "''''''' On this 18TH day of DECEMBER, 2008, personally came before me, GERALD C. LEACH and RICK A. JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworh/ d.id severally depose and say; that they are said officers of the C6fp6r~tion aforesaid, and that the seal affixed to the aboveh1strumert i$}he seal of the corporation, and that said corporate seal.alid their signi:ltures as such officers were duly affixe'!d and subsc;rlb~d td the Said ihstrum~nt by the authority of the board of f!l(%tors ~L~jporPpratidr. ~~ c ~ \f;:i~~,~~~ ~ (~-~-.:_..~ i(;;.,~' ;.:.. ".. ~.PP:. o. u, :.:-:;~ :U.~~~-~~; il,'l,: ~,G.Y,.?/'. '~.;.~,'".:_ ~-~----.' - ~.. ~.- ~. :.; ,.. r :. ": ;0,y c6h,mission expires: 12?6~/ 2Ql ~.. CERTIFICATE I, the undersigned, assistant secretary of the OLO REPiJBI.JC SURETY COMPANY; C;l.Wisconsin corporation, CERTIFY that the foregoing and attqph~dpqwer of Attorney remains in full force and has not been revo~ed; and fuiihe'!rmore, that the Resolutions of the board of directors set forj:tiiii tbepo\li(er of Attorney, are now in force ORSC (2/07)