80-0813 John Unruh Inc • so '084%3
•
B 25 38 75
CONTRACT
THIS AGREEMENT made and entered in this 13 day of August,
19 80 , by and between the City of Elgin, a municipal corporation of Counties
of Kane and Cook, State of Illinois , hereinafter designated "City" party of
the first part, and
John C. Unruh, General Contracting Tnc
hereinafter designated "CONTRACTOR", party of the second part;
WITNESSETH:
That said CONTRACTOR for and in consideration of the payments to be
made by the said CITY as hereinafter set forth hereby covenants and agrees
to provide all necessary
labor and material to construct steel buildin:s at Lords Park & P . _i
in the City of Elgin, Kane and Cook Counties , Illinois , and to do all work
and furnish all labor and material required to conform with the plans ,
specifications and bidder's proposal for the doing_ of said work hereinafter
referred to and-made a part hereof.
The CONTRACTOR'S proposal is hereby referred to and made a part of
this contract and the scheme, method, amount and rate of payment for material
and labor furnished as therein set forth is hereby agreed upon and accepted
by the respective parties as being the price to be paid for said materials
and services in the construction of said improvement.
The CONTRACTOR has entered into and herewith tenders a bond of even
date herewith, in the penal-sum of
One Hundred Twenty-eight Thousand Three Hundred Eighty-Five and 00/W0 Dollars (5128,385.00)
to insure the faithful performance of all covenants and agreements contained
in this contract, which said bond is hereby referred to and made a part of
this contract.
The CONTRACTOR further agrees that it will save and keep harmless the
CITY from any and all claims that may arise on the part of any of its
employees , agents or servants , by reason of injury, death or any claim
while in pursuit of this contract and that all employees, agents or servants
of the CONTRACTOR shall in no manner be construed to be employees of the CITY.
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CONTRACT Continued
It is expressly understood and agreed that the entire improvement shall
be done in a thorough and workman like manner under the direction of the City
Engineer of the City of Elgin, Illinois. All loss and damage arising out of
the nature of the work to be done, or from any detention or unforeseen obstruc-
tion of difficulties which may be encountered in the prosecution of the work,
or from the action of the elements, shall be sustained by the said CONTRACTOR.
The CONTRACTOR shall furnish public liability insurance in the principal
sum listed in the Instructions to Bidders with an insurance carrier thereon
satisfactory to said City of Elgin, Illinois, indemnifying and saving harmless
the said City of Elgin from any and all personal injury claims arising there-
under by reason of the performance of this contract.
The CONTRACTOR shall furnish the City of Elgin with property damage
coverage in the sum listed in the Instructions to Bidders with an insurance
carrier thereon acceptable to said City of Elgin, Illinois.
The CONTRACTOR shall furnish satisfactory proof of insurance coverage
under the workman's compensation laws of the State of Illinois to all employees
of the CONTRACTOR.
The place and places where said work shall be accomplished shall be done
as set forth in the schedules, plans, specifications and special provisions
hereto attached and made a part hereof, and no variations thereof shall be made
except on written direction of the City Engineer of the City of Elgin, Illinois,
and approval of the said City of Elgin.
For one (1) year subsequent to the completion of said installation the
CONTRACTOR agrees to make good all defects of material and workmanship in con-
nection with said installation.
This contract shall extend and be binding upon the successors and assigns
of the respective parties hereto.
IN WITNESS WHEREOF the said City of Elgin, Kane and Cook Counties, Illinois,
has caused this instrument to be executed by its Mayor and the seal thereof
attached thereto, attested by its Clerk and the CONTRACTOR has executed this
instrument on the date above mentioned.
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6-1w-76
CONTRACT Continued
(SEAL) The lity o _ I rinois
Attest: By: , 11.44
/ City' anag r
City Clerk ity of Elgin The Contractor
(If an Individual)
(SEAL)
An Individual doing business
under the firm name of
(SEAL)
(If a Corporation)
(CORPORATE SEAL) CORPORATE NAME JOHN C. UNRUH,
Attest: GENERAL CONTRACT ING , INC.
e(Lot) President
Secretary (If a Co-Partnership)
(SEAL)
(SEAL)
(SEAL)
Partners doing business under
the firm name of
(SEAL)
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I
KNOW ALL MEN BY THESE PRESENTS, That we
John C. Unruh General Contracting , Inc .
530 Barrington Avenue , Dundee , Il . 60118
as Principal, and Reliance Insurance Company
a corporation organized and existing under the laws of the State of
Illinois , with authority to do business in
the State of Illinois, as Surety, are held and firmly bound unto the City
of Elgin, State of Illinois, in the penal sum of One hundred twenty-eight
thousand three hundred eighty-five Dol]ars ($ 128385.00 ) lawful
money of the United States, well and truly to be paid unto said City of
Elgin, Kane and Cook Counties, Illinois for the payment whereof we bind
ourselves and each cf us, our heir, and each of our heirs, executors,
administrators, successors, and assigns, joim:_ly and severally, firmly by
these presents.
Whereas, the said Principal has by dated 13th day of
August 19 80entered in a contract with City of Agin, Kane and Cook
Counties, Illinois
Labor & material to construct steel buildings at Lords Park &
Public Works
according to plans and specifications as prepared by the City Engineer, which
plans and specifications are more fully set out in said contract and which by
reference thereto is hereby made a part hereof, as fully as if specifically
set out herein.
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CONTRACT BOND Continued
NOW THEREFORE, the condition of this obligation is such that 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 City of Elgin and the said
Council, harmless on account of any damages, and shall in all respects fully
and faithfully comply with all the provisions, conditions, and requirements
of said contract, then this obligation shall be null and void otherwise it
shall remain in full force and effect.
No addition to or change in work aforesaid nor any overpayment or claimed
overpayment by the City of Elgin, Kane and Cook Counties, Illinois, to con-
tractor or those claiming by, through or under said contractor and no extension
of time or other indulgence, nor anything whatsoever done or omitted by said
City shall operate to relieve sureties hereunder of their obligation by virtue
of premises, it being the absolute and unequivocal purpose of the parties hereto
to assure to said City full and complete performance of contract aforesaid or
payment of all damages, not exceeding penal sum hereof, which may be suffered
in consequence of breach or partial breach of said contract.
IN WITNESS WHEREOF, We have duly executed the foregoing Obligation this
7th day of November , A. D. 1.9 80
John C . Unruh General Contracting , Inc.
(SEAL)
Approved this13* day of ' /
Ar w4.� (SEAL)
11, o A. x. 19 ` . /
• (SEAL)
Surety Reliance insurance Co. (SEAL)
BY r . ►
iv r ' BY i/. A 0- VFF L4. __(SEAL)
Att• e in Fact
Attest: Thomas i . Croston
BY V (SEAL)
Attorney in Fact
Cit Clerk
Counters' : ed
• r
BY ilf/Aigio'
.Agen' for Surety
, Thpm: J. Cr s on
Municipal Seal Address of Surety
t
2-CB
CONTRACT BOND Continued
State of Illinois )
) ss.
County of :„,,,,c__, )
I, � ,,� & 2zie„...„,,J , A Notary Public in and for
said County, in the State aforesaid, do hereby certify that
km \ 4 , personally known to me to be the same person
ose name is subscribed to the foregoing instrument as the Principal therein,
appeared before me this day in person and acknowledged that he signed, sealed
and delivered the said instrument as his free and voluntary act for the uses
and purposes set forth therein.
Given under my hand and Notarial seal, this day of (--// „; ,
A:D. 19R . /
z : ,4(‘),e,/Notaryic
State of Illinois )
) ss.
County of Cook )
I, Wendy S. Winkelmann , A Notary Public in and for said
County, in the State aforesaid, do hereby certify that Thomas J. Croston
, who is personally known to me to be the same
person who signed the above and foregoing instrument as the Attorney in Fact
for Reliance Insurance Company appeared
before me this day in person and acknowledged that he signed the name of
Thomas J. Croston thereto, as his Principal,
and his own name as Attorney in Fact, as the free and voluntary act of his
said Principal for the uses and purposes therein set forth, and that he
executed the said instrument under authority given him by this said Principal.
Given under my hand and Notarial seal, this 7th day of November
A.D. 19 80. /2 / 2
My Commission Expires: July 26, 1983 / �-L-�' _ .�--,--
�Notaiy Publi
,,n
• -.
RELIANCE INSURANCE COMPANY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of
Pennsylvania,does hereby make,constitute and appoint Thomas J. Croston of Rolling Meadows, Illinois
its true and lawful Attorney-in-fact,to make execute,seal and deliver for and on its behalf,and as its act and deed any and a_11 bonds and
undertakings of Suretyship,
- • to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of
such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY
which became effective May 11, 1962,which provisions are now in full force and effect,reading as follows:
ARTICLE VII —Execution of Bonds and Undertakings
SECTION 1. The Board of Directors, the President, or any Vice-President or Assistant Vice-President shall have power and authority to: (a) appoint
Attorneys-in-fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof,and(b)to remove any such Attorney-in-fact at any time and revoke the power and authority given to him.
SECTION 2.Attorneys-in-fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them,to execute and
deliver on behalf of the Company,bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof.The
corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity-and other writings obligatory in the
nature thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 8th day of May, 1959, at which a quorum was present,and said Resolution has not been
amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be 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
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be
hereto affixed,this 1st day of June 19 77
RELIANCE INSURANCE COMPANY
��vS��HcF
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a
� �ti° V/icresident `!
STATE OF Pennsylvania rD _`a�1�
4.T MSR
COUNTY OFPhiladelphia
On this 1st day of June 19 77 personally appeared J. H. McDermott
to me known to be the Vice-President of IANCE INSURANCE COMP• • and acknowledged that
he executed and attested the foregoing instrument and affixed the seal of said corpo ion ther o, and that Articl,• :;• ion nd 2 of the :y-Laws of
said Company,set forth therein,is still in full force.
My Commission Expires: �'c•^`'- % /
s�;�ra�w�l�•'
April 7 19 80 t „,;I Notary Pu is in and for State of Pennsylvania
l�Y ....`„..•�
Residing at Philadelphia
P. D. Crossetta ,Assistant Secretary of the RELIANCE INSURANCE COMPANY,do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorn= �ti":':'-`said RELIANCE INSURANCE COMPANY,which is still in full force and effect.
�� Ith November 680
IN WITNESS WHEREOF,I have hereunto set my hand and sea-0 said Company this day df
JJJ 1
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BOR-1431 Ed. 7/71 �y •1; Assistant Stet
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