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Home My WebLink About00-1020 Ricchio Inc. oo-loan CONTRACT FOR PHASE I THIS AGREEMENT is made and entered into this 20th day of October, 2000, by and between the CITY OF ELGIN, ILLINOIS, an Illinois municipal corporation (hereinafter referred to as "Owner") and RICCHIO, INC., an Illinois municipal corporation, (hereinafter referred to as "Contractor"). WHEREAS, the Owner has solicited bids for the performance of certain work to be performed; and WHEREAS, Contractor has bid on and has been awarded the contract for such work. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and pursuant to the terms, condition and agreement contained in the contract documents which are made a part hereof, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree: 1. That Contractor shall, at Contractor's sole expense and cost do all of the work, and furnish all of the necessary materials and labor required to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms and provisions of this agreement and the requirements of the engineer under it. 2. That Owner shall pay the Contractor for performance of the work, subject to additions and deductions by Change Order and according to the terms specified in the Contract Documents, the contract sum of: 40% (Phase I) of Contract #1 Base Bid - $876,700.00 and Add Alternate #1-2 - $25,600.00, and Add Alternate #1-4 - $76,200.00; for a total contract amount of 40% (Phase I) of$978,500.00 which is $391,400.00. Said contract sum may be paid in progress payments as outlined in the Contract Documents. The Owner shall make final payment 30 days after acceptance of the Work by the Owner in accordance to the Contract Documents. 3. That it is understood and agreed that Phase II of this project is subject to and contingent upon the condition that the City Council of the City of Elgin appropriates funds in the 2001 City of Elgin budget sufficient to provide for the expenditure as contemplated in Phase II of the project. It is further understood and agreed that the award of Phase II of the project and any contract for same will not be made unless and until the City Council of the City of Elgin appropriates funds in the 2001 City of Elgin budget providing for Phase II of the project. 4. That Contractor shall perform all the work required by the contract documents for Pool construction - Contract #1 for the "PROPOSED CONSTRUCTION OF THE CITY OF ELGIN LORD'S PARK FAMILY AQUATIC CENTER", approved by the Owner in August of 2000. The work to be performed under this Contract shall commence upon execution of this Contract and upon receiving Notification to Proceed, and shall be substantially completed by May 25, 2001, and completed by October 01, 2001, unless additional time is granted by the Owner in writing. Contract For Phase I, Pg. 2, 10/20/00 5. That the parties hereto further agree that "This Contract" or "This Agreement" as used herein and the contract documents mean this agreement, the Notice to Contractor's, the Contractor's Bid Response (bid) thereto, the General Conditions and all other documents referred to in the Project Manual'for the.proposed Construction of the City of Elgin Lord's Park Family Aquatic Center and the plans and specifications for the Lord's Park Family Aquatic Center, all of which are incorporated by reference herein and made a part hereof IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the date and year first written above. CITY OF ELGIN, an Illinois RICCHIO, INC., an Ilinois corporation corporation /0/2, `2, j `r4b / BY �� rFt B I14 # Mayor 11,a 7/03 Presi.o t Attest: Attest: 57/1111"71. City Clerk Secretary CERTIFICATE OF INSURANCE Effective Date: 10/25/00 INSURANCE GROUP Insurance Office: 243 LAKE Country Mutual IliauLanuw Cumpaiiy Billing NumbeL : PENDING P.O. Box 2100, Bloomington, Illinois 61702-2100 Certificate Holder: Name and address of insured: CITY OF ELGIN RICCHIO INC 150 DEXTER COURT % RICCHIO GINO ELGIN, IL 17999 POND RIDGE CIRCLE 60120 GURNEE, IL 60031 The policies listed below have been issued to this named insured. Limits shown are the policy limits in effect at the date of this certificate. Claims paid anytime during the policy period may reduce some of these limits . This certificate is for information only and does not amend, alter or extend any coverage provided by policies listed. POLICY LIMITS OF LIABILITY POLICY EXP. Occ=Occurrence;Aggr=Aggregate TYPE OF INSURANCE NUMBER DATE BODILY INJURY I PROPERTY DAMAGE COMMERCIAL AB1841670 12/14/00 GENERAL AGGREGATE $2,000,000 GENERAL LIABILITY EACH OCCURRENCE $1,000,000 WORKERS' AW1841670 12/14/00 STATUTORY COMPENSATION $1,000,000 EACH ACCIDENT $1,000,000 DISEASE-EACH EMPLOYEE $1,000,000 DISEASE-POLICY LIMIT COMMERCIAL UMBRELLA AU1841670 12/14/00 $2,000,000 SINGLE LIMIT - EXCESS LIABILITY OVER UNDERLYING AUTOMOBILE LIABILITY AV1841670 12/14/00 $1,000,000 OCC. COMBINED SINGLE LIMIT DESCRIPTIONS OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ADDITIONAL INSUREDS LISTED AS CITY OF ELGIN, IL AND BURBACH AQUATICS, LLC PROJECT: PROPOSED CONSTRUCTION OF ELGIN LORDS PARK DISTRICT FAMILY AQUATIC POOL CONSTRUCTION CONTRACT #1 Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail )M' days written notice to the certificate holder named. .o WP e Issued at: 000 By: WAYNE H. CRISWELL A horized R resentativ 91600 www.countrycos.com = INSURANCE GROUP CERTIFICATE OF INSURANCE Certificate Holder: City Of Elgin Insured: Ricchio Inc % Ricchio, Gino Insurance will be primary with respect to any other insurance. Including Products & Completed Operations including XCU www.countrycos.com t Bond# NAWI12745 THE AMERICAN INSTITUTE OF ARCHITECTS A -r 01, Vit. +rr t7Y- A/A Document /%372 Performance Bond Any singular reference to Contractor. Surety. Owner or other party 'hall he considered ptu'al where app is able. CONTRACTOR (Name and Addr sc): SURETY (Name and Pnn(ipal Place of Bosine'.). Ricchio,Inc. National American Insurance Company 17999 Pondridge Circle 1010 Manvel Avenue,PO Drawer 9 Gurnee, IL 60031 Chandler,OK 74834 OWNER ;Name and Addreti,,): City of Elgin 150 Dexter Ct Elgin,IL 60120-5527 GUNSIRUC IIt)N CONI <ALI Date: 20-Oct-00 Amount: $978,500.00 Nine Hundred Seventy Eight Thousand Five Hundred and 00/100 Dollars Description (Name and t ocatton is Pool Construction-Contract#1,City of Elgin Lord's Park Family Aquatic Center BOND Date (Not earlier than C:orTAruc lion Contra(I Date): 01-Nov-00 Amount: $978,500.00 Nine Hundred Seventy Eight Thousand Five Hundred and 00/100 Dollars Modification, to th:, Bond: X None , tire Pagt' I (.ON I RACI OR AS PRINCIPAL SURF IA C-ompany: / s ate Seal' C.Umpan t corporate• 'ea:l Ricchio, Inc. , National Ameri�cjannIIJnsuranc: .' pa Signature: /Il�a1 11; Signature: d�i1/ ( )1( Name and Title: t ' no A Ricchio Name and Title. e s i de n t Michael J.Douglas tAny additional sit:+tures appear on page i► Attorney-in-Fact ?FOR INFORMATION ON1 Y—Name. Address and Telephone) AGENT or BROKER: OWNER'S REI'REtiE\TATIV'I An hitec I. I ngineer or J.Ryan Bonding, Inc. other party). 1321 Stout Road not provided Menomonie,WI 54751 (715)233-0006 AlA DOCUMENT A312• POUJRMAtit! tioN,r AND VAN MINI ROM) • DWI 111iiR ;•m4 [;.: •AI THt:AMERICAN IVA'ILIt OF ARE ICU( rti t715 N. 4'. V.-W-11%4,10 k. I).t .'inxun A312-1984 1 THIRD PRNit.0•MARCH 199' • Bond# NAWI12745 1 the Contractor and the Surety, jointly and severally which i• may he liable tri the I 'wrier ant: a, bind themselves, their heirs. e7n•e Mors, administrators soon as practicable aider the .einoure i• ileter- sueti'sstfirsaridassignstotheOwnerforthepertorman(e mined tont-ter .ta4rn+ ri' ?h. '{•Irr I+i 'h. of the Construction Contract.which is incorporated herein Owner: o• by reference .2 Deers liability in w'riole or in part and nrrtsrs the 2 It the Contractor perforins the Construe lion nitrar Owner citing reasons theretor. the Surety and the Contractor shall hjye no obligation + under this f4+rrttd, except to poetic spate in ifante rt'ntes as 5 It the Surety does not proceed a',provided in t ar.,t;rapl( presided in Subparagraph 3 I, 4 with reasonable piompines,. the Surety shatlhedecreecl to he in default oil this Bond n€Iei•n(lass atter remoi rril lit an 3 If there is no Owner Detault, the Surety's obligation additional written mile t' trims the ()carer to the ,uri'ts under this Bond shall arise alter: demanding that the Surers pertorm its obligations Laufer this Bond, and the Owner shall he entitled tri onion cans 3.1 The Owner has notified the Contractor and the remedy available to the (hyrier. II the '`urs"1v pro(eetl, Surety at it, address described in Paragraph 10 helots provided in Sul iap;raph 4 4 oris: the (Avner retest s the that the Owner is considering declaring a Contras for payment tendered or the Sotreh has denied lianilits. rot Default and has requested and attempted to arrange a whole or in part without further notice the Owner ner shall be iotiterence with the Contractor and the Sureh to he entitled to enforce any seued\ available fo the Owner. held not later than fifteen days atter receipt of such notice to discuss methods of performing the Cowart/1- 6 After the Owner has terrnirr,ileri the Contra.tors right tion Contract. It the Owner, the C.trnlrac trir inti the to complete the Construe hears Contract, and it the Surety Surety agree, the C-ontrac for-.hall he allowed a reason- elet Is to act under Subparagraph 1 I. 1.1. or 1 t ahose. able time to tn•rtorm the Construction Contract. but then the responsrbihties of the Suie•t to the Owlet shall sue h an agreement shall not waive the Owner's right-it not be greater than those of the Cooiras for under !be any.subsequentl',•to declare a Contra(tot Default: and Construction Contract. and the responsibilities or the Owner to the Surety, ,hall riot be greater than those o1 the 3.2 the Owner has dee lane(!a Contras for Desault and Owner under the Constructitin(cob ace Ti,tett limit in the formally terminated the Contractor's right to complete amount of this Bond, hu( -•uh.e t !tr t.,nirnilrment ht the the ioritrati Such Contractor Default shall not be de Owner iii the Butane t•til Iln ( r-Ir,e,' Pr c e to enItt4 slier ii tlartd t,:rlier than twenty day,atter the Contra(to.and costs and dan E-i,s --in the ,in-Ir.:+ turn( te11101 t the`stns, the Surety have received r1(itift' as )inside(! ';uh- paralraph 3.1: and l Is is trtiligte d ci Ihrsl,r tiullli, +i:<:n I. 6.1 The respnnsihilil s. tit the I onion for Inn i urine 3.3 The Ossnir has agree''' Ire p,a\ the flalance in the tion of dew(tlye worts and.omplelu:rt rel th ( nnslnrs- t(lntratt Price lo the surety- in accordance with the tion t-.itittratt: terms 01 the Construction Contract or to a contractor elected to perform the Construe lion Contras I in act or- 6.2 Addituiri d legal design protc's•iort al and clelai dance with the feints tit the kw-It-do with the Owner. suit, rt',ciltirit, Ir(rn1 the contra toes d)etault. and re, suiting Irian the ,,ii tic's, or 'allure to air til the Sureti 4 When the Owner has satisfied this conditions rel Para- under Paragraph 4: and graph I. the Surety shall promptly and at the Surety's es- pense rake one cit the following ac Mins. 6.3 Liquidated il,rrn,i,5-s or tt nn liquird,rlerd are specified ii the t t,ristrie turn ( teerar t .i.Iti.il Cairn 4.1 Arrange tor the Contractor, with consent tit the ages tau+rel by tie'l.iyeci ht rhirriantr +ri nu+i-peilot- Owner to performs arid mormplele the C_on.trucfirtri mane e tit the t_Dntraottl. Contras I; sir 7 the Surety shall not he liat)le fu the(by r•er or other,Inr 4.2 t Jncis'rtake to perform and complete 1 he Construe obligations Of the C orttras for that are unrelated to the on, iron Contract itself,through its agents or through Inde- structrun Contra:I. and the' IHalanee on the Contras t Pott pendent contractors; or shall not he reduced or set otr nn account of arty sue ti 4.3 Obtain hid; or negotiated proposals from unrelated obligations- No right sit action shall as I rue tin qualined contrat tors ac teptabie to the ()voter for a This Bond to arts'person or entity other than the t)ca ner s it contract tsar performance and completion of the Con its hers. executor;, adrn;nisirators tir succes,oto" struttion Contract, arrange for a contract to he pre. 8 i he Surety hereby waive,notw 1 rt any tkiange ant!tit' pared tear execution by the Owner and the e ontrac for selected with the Owner's(lin.terrine e, to by sit tired mg changes 01 time, to the Construction C.inti ac t 'Jr to with perttirrmante and payment bonds executed by a relater! subtuntratt�.. pureha-aaorder. and ether qualified surety equivalent to the bonds issued on the liters C onstructton Contract, and nay to the Owner the 9 Any prtrcet'dlritt, 1ef„ai u• eclwtahle ander lin'- B+,ntl amount of damages as dc•scrihed in Paragraph rr In el- rnat be instituted +Il any tour t ,ti i i,rnlcetent t(irrsil'.tires in Cess of the Balance of the Contract Price incurred br the the location in w Ilii h the ss irk or Dart tri tris'work 1.11K ated Owner resulting from the Contractor's default, or and shall he riistrt ir-41 within two years alter (Aetna(tt:r 4.4 Waive its right to perform and complete. artangt' Default or within two years after the C:untrat for <eased for completion, or obtain a new contractor and with working or within cso sears alter the Surely ritusms iii tails reasonable ptomptness under the frrfurmslanct's: to perform its obligations under this bond.whichever Oc- curs first. 11 the provisions cat this Paragraph are void or .1 .Atter investigation. determine the amount fur prohibited by law the minimum period ot limitation a\ail- ALA DOCUMENT A312 • rIRrcck.w.arwce tit)•'.O AND N41.sit+t mt(a\')•1)1-c r.sili(R 1'tin tri • sis 1141 AsatRii t` trO.11t(.'It tat .4.14 0111("Ts t-1; s,rcc YORK AVE 1.w w.xsHt"i[::(es Da :n'o A312-19$4 2 PRIs,T!si • AR(, i'm: Bond# NAWI12745 able to sureties as a defense in the jurisdiction of the suit tractor tot any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims • 10 Notice to Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled. re. r he mailed or delivered to the address shown on the sig- duced by all valid and proper tits made to Or 00 hehali at the Contractor underr the e'Ca+nstrut Icon Con- nature page. trat.t. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract. I he agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig the construction was to be performed,any provision in this nature page, including all Contra(t Documents and Bond conflicting with said statutory or legal requirement changes theretro, shall be deemed deleted hereirom and provisions core forming to such statutory or other legal requirement .hall 12.3 Contractor Default Failure of the Contractor. he deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms at the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure at the toner,whit h has neither been remedied nor waived, to pay the Coq- 12.1 Balance of the Contract Pr+t e: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adlustrnents thereof. have been made. including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None ispace is provided below for additional signatures col added parties. other than those alotri'anrrr air: ?!rt• c finer pati• i C'ONTRACIOR. AS PRINCIPAL SL'RFTy Company !Corporate Scab Compant 'Corporate Seal! Al 1 • c Signature: ( it ft' signature: Name and idle: ot 114...-..1- Same and iittl Address. Acidic+5: AMA DOCUMCNT A312•PERIORMAN.(:r BOND AND PAoMLNJ tit)NO•QEt.EvitEk va-s ID • NIA MI AMtkICAN r\lliiLII Of AkCrtltl('1s 1'f,MW 11)11k A41 M1.Lt Lta,.•IIW(,i{)y. 1)t . ?MO,. 4312-1984 3 [Hitt!)MINI INC•MAttCH 1%7 • • Bond# NAWI12745 THE AMERICAN INSTITUTE OF ARCHITECTS • A/A 1ac)cuntenl r2 Payment Bond \1nv 4ir,gulau tt•IC•rent t• tcs C t)ntratto,. Curets ()ss net or ul tier parts ‘.ha11 t)t° t(rn.Itle•rtktt ,)IvrJl Yl rle're .1lll)11(.11)1e. COMPACTOR (Name and Addre':sl: sL.RFTI (Name and Principal Piaci, of Business,- Ricchio,Inc. National American Insurance Company 17999 Pondridge Circle 1010 Manvel Avenue,PO Drawer 9 Gurnee,IL 60031 Chandler,OK 74834 OWNIR (Nara. and Address.: City of Elgin 150 Dexter Ct Elgin,IL 60120-5527 CONSTRUCTION CON I RAC I Date: 20-Oct-00 Amount $978,500.00 Nine Hundred Seventy Eight Thousand Five Hundred and 00/100 Dollars Description 'Name and I()cation i:Pool Construction-Contract#1,City of Elgin Lord's Park Family Aquatic Center BOND Date ;Not earlier than Construction Contract Date:: 01-Nov-00 Amount: $978,500.00 Nine Hundred Seventy Eight Thousand Five Hundred and 00/100 Dollars .\'k)ditit atitlrl: lo this Bond- x None tiE e Page h CONTRACTOR AS PRINCIP.Al SVIRFTY Company. pt)r to C:ornpartt : It t)rluate Scall Ricchio,Inc. National American Insuranc Co p y Signature: / ( Signature: /4/7/9 /9 Name and Title. _ Nino A Ricchio Name and Title. esident Michael J. Douglas IAnv additional Sie $atures appear on page f,; Attorney-in-Fact )'i INIORMA!ION ON!Y—rsame, Address and Telephone. At;FNI or KROKFR: OWNLR'S RLPRLSLNIAIIVL (Architect. Fngineer or J.Ryan Bonding,Inc. other party: 1321 Stout Road not provided Menomonie,WI 54751 (715)233-0006 AIA DOCUMENT AM2•PERrORMA'..CI IA)'l7 AND PAYMENT ROM)•Ott EMBER 1%4444 tf1 • AI-> • 1111 AMERICAN 11SFtlt.lE OF AKtHl It1.45 Ntt4 YORK•vE . 11 t4ASI.,NC till ri C .4iu:r!. A312•1984 4 THIRD •MARCH PERT Bond# NAWI12745 1 the Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions ot bind themselves. their heirs, executors, administrators. Paragraph 4, the Surety' shall promptly and at the successors and assigns to the Owner to pay for labor. Surety's expense take the following actions materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo 6.1 Send an answer to the Claimant with a copy to rated herein by reference the Owner, within 45 days after receipt cif the claim. stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed null and void if the Contractor. 6.2 Pay or arrange for payment co any undisputed 11 Promptly makes payment. directly or indirectly, amounts for all sums due Claimants, and 7 the Surety s total obligation shall not eateed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond. and the amount of this Bond shall be Owner from claims, demands. liens or suits by any Credited tor any payments made in good faith by the. Surety person or entity whose claim, demand, hen or suit is for the payment for labor, materials or equipment fur 8 Amounts owed by the Owner to the Contractor under noshed for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any. under any Construction Performance Bond By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this (lens or sues and tendered defense or such claims, Bond, they agree that all funds earned by the Contractor demands liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subtest to the Owner's prior 3 With respect to Claimants, this obligation shall be icy to use the funds for the completion or the work null and void it the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 I he Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the C ontractor that are unr+ lot under this Bond until ed to the Construction Contract The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond.and shall have under this Bond no obit contract with the Contractor have given notice to the gations to make payments to,give notices on behalf ot,or Surety(at the address described in Paragraph 121 and otherwise have obligations to Claimants under this Bond sent a copy, or notice thereof to the Owner, stating that a claim is being made under this Bond and,with 10 1 he Surety hereby waives notice of any change. substantial accuracy the amount of the claim including changes of time. to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con 11 ht) suit or action shall he commenced l;v a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court tit competent iu=is the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration or one year from the equipment included in the claim stating, with date(1)on which the Claimant gave the notice required by substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 4 2 3, or (2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Cin whom the labor was done or performed: and strurtion Contract,whichever of(1)or(2)first occurs. It the provisions of this Paragraph are void or prohibited by law, .2 Have either received a refection in whole or the minimum period of limitation available to sureties as a in oart from the Contractor, or net received defense in the Jurisdiction of the shit shall be applicable within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly,and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety. the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this t3 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con Owner to the Contractor or to the Surety, that is cuffs forming to such statutory or other legal requirement shall tient compliance. he deemed incorporated herein 1 he inrent is that this AIA t)0(UMLr i A111•PiRri;'RMAVCI SC3`.1 A".1)Ns5Yti £505.0•DEC EMBE R''M-3 ED • TEit '5MiRitAN.5.5tWWLIE OFANCHiitCIS 173-Nit% tORhti'.r , s 1s',V1i11'.(.'t:♦ I,' F4a.,., A312-1984 5 IFaiRt)iili5.I the.•MARC+►19A' Bond# NAWI12745 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. service; required for perrrirmanre ot the work ot the 14 l'ponrrqur;tbyanyper;cin or entity appearing tobea Contractor and the Contractor's .ubi.iinfra;tor. and all other items for which a mechanic ; lien mati be potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shad permit a spy asserted in the jurisdiction where the labor. materials Or equipment ',New rJrniOied, to be made. 15 DEFINITIONS 15.2 Construction Contract: Ineagreement between the Owner and the Contractor ide,itii ed un the sig- 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and i on:ract with the Contractor or with a subcontractor rpt changes thereto_ theContractor to furnish labor, materials or equip_ 15.3 Owner Default: failure or the Owner,which has ment for use in the performance ot the Contract.The neither been remedied nor waived, to pay the Con- intent ot this Bond shall he to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment''that perform and complete or c amply with the other terms part of water. gas, power. tight. heat, oil, gasoline. thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.; CONTRACTOR AS PRINCIPAL SURETY Company: Corporate Seal, Company: (Corporate Seal) AO t _.-- / 1 Signature: sI I _ . . _ Srhna',ure: Name and Title: ` Name and Title: Addie;;: t ,,/ , 4 ,,, L Address: AIA DOCUMENT A312• PEKK)RMAN(.E BOND AND PAYMENT BOND•DR IMBtK 19P4t ED. •AIA R nu AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE . N W.,WASHINGTON.D C. NON, A312-1984 6 ACKNOWLEDGMENT'OF PRINCIPAL (Individual) State of County of } On this _ day of , in the year 20 , before me personally come(s) , to me known and known to me to be the person(s)who (is) (are)described in and executed the foregoing instrument, and acknowledge(s)to me that he executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of } On this day of , in the year 20_ , before me personally come(s) a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of Illinois County of Lake } On this 3e2 day of October , in the year 20 00 , before me personally come(s) Gino A Ricchio to me known,who, being duly sworn, deposes and says that he resides in the City of Gurnee IL that he is the__ President of the Ricchio Incorporated the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order • Board of Directo - of said corporation, and that he signed his name thereto by like order. ,- Nota u' c -� j , ,�. ,,-�„r.... �.-. ACKNOWLEDGMENT OF SURETY 1'OFFICIAL SEAL" STEPHAN A. LEIPOLD State of _Wisconsin Notary Public, State of Illinois County of _Dunn } My Commission Expires 6\2\02 On this 1st �J day of November , in the year 2000 , before me personally come(s) Michael J. Douglas Attorney(s)-in-Fact of National American Insurance Company. with whom I am personally acquainted, and who being by me duly sworn, says that - - '•e(s) in Menomonie,WI that he is (are)the Attorney(s)-in-Fact of National American Insurance ',,;:q..: :fpompany described in and which executed the within instrument; that he know(s)the corpora -3 - u can ny; and that the seal affixed to the within instrument is such corporate seal and that it was affixed - • ,er of the B.-rd 4 Directors of said Company, and that he signed said instrument as Attorney(s)-in-Fact of the id f o k ik. rir. 14HORSTMAN yf IFOF WtSG.4 = Notary Public 16-Mar-03 . • NATIONAL AMERICAN INSURANCE COMPANY Bond CHANDLER, OKLAHOMA Number CBB 26372 PRINCIPAL: NAME,ADDRESS POWER OF ATTORNEY CITY, STATE,ZIP ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER.DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH Ricchio, Inc. THE ORIGINAL. 17999 Pondridge Circle KNOW ALL MEN BY THESE PRESENTS:That the National American Insurance IL 60031 Company,a corporation duly organized under the laws of the State of Oklahoma,having its Gurnee principal office in the city of Chandler,Oklahoma,pursuant to the following resolution,adopted by the Board of Directors of the said Company on the 8th day of July,1987,to wit: EFFECTIVE DATE "Resolved,that any officer of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-fact, such persons,firms, or corporations as may be selected from time to time. 11/01/2000 Resolved that nothing in this Power of Attorney shall be construed as a grant of authority to the attomey(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or CONTRACT AMOUNT policies of insurance on behalf of National American Insurance Company. Be It Further Resolved,that the signature of any officer and the Seal of the Company may be $ $978,500.00 affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall BOND AMOUNT be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the $ $978,500.00 future with respect to any bond and documents relating to such bonds to which it is attached." National American Insurance Company does hereby make,constitute and appoint Michael J.Douglas or Chris Johnson its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name,places and stead,to sign,execute,acknowledge and deliver in its behalf,and its act and deed,as follows: The authority of said Attorney-in-fact to bind the company shall not exceed$1,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were,signed by the duly authorized officer of the National American Insurance Company,and all the acts of said Attomey(s)pursuant to the authority herein given,are hereby ratified and confirmed. IN WITNESS WHEREOF,the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. G�\ .N INSuq NATIONAL AMERICAN INSURANCE COMPANY 4t, 00044;41,00 it,' /� �4 //� ki(***. 0.../1:1721-- ." 7.2/1:&,----""1/ W.Brent LaGere,Chairman&Chief Executive Officer 0A-6,030 STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July,A.D.1987,before me personally came W.Brent LaGere,to me known,who being by me duly sworn,did depose and say;that he resides in the County of Lincoln,State of Oklahoma;that he is the Chairman and Chief Executive Officer of the National American Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation:that the seal affixed to the said instrument is such corporate seal:that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. *O A JAN jibAL L7V7Z11 O" pTA Fq r 1 PUBLIC STAN Of .ro roe hCt(M co°+ Notary Public STATE OF OKLAHOMA ) My Commission Expires August 31,2003 COUNTY OF LINCOLN ) SS: I,the undersigned,Assistant Secretary of the National American Insurance Company,an Oklahoma Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. co,pw+ Dated the 1st day of ember 2000 Signed and Sealed at the City of Chandler. t� �t o�roa4). 1t+ oma.*• a, _ z 0 SEAL ; �i�%((C 1ili�/L� s �% } Winifred E.Mendenhall,Assistant Secretary 4W1t30