HomeMy WebLinkAboutKlitzke Construction CONSTRUCTION CQNTRAQT
THIS AGREEMENT, made on the 6th day of May , 1988, by and
between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY , and KLITZKE CONSTRUCTION CO. of Rt. 2 ,
Box 216 , Black Creek , WI 54106 , party of the second part , herein-
after 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:
Public Works Contract No. 88-09
for curb , gutter and storm sewer in Menominee Park and So. Main
St. , pursuant to Resolution 43 adopted by the Common Council
of the City of Oshkosh on 5th day of May , 1988,
all in accordance and in strict compliance with the Contractor's
proposal and the other contract documents referred to in ARTICLE V of
this contract.
ARTICLE II . TIME OF QOMPLETION
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.
ARTIQLE III . PAYMENT
(a) The Contract Sum.
The City shall pay to the Contractor for the performance of the
contract the sum of .2a, 23_6Q , 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 a "Unit Price"
basis , the above mentioned figure is an estimated figure , and the
City shall , in such cases , pay to the Contractor for the perfor-
mance of the contract the amounts determined for the total number of
1
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 con-
tract .
(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
enumerated 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
"Contractor" wherever used in this contract means the party of the
second part and its/his/their legal representatives , successors and
assigns .
IN WITNESS WHEREOF , the City of Oshkosh, Wisconsin , has caused
this contract to be sealed with its corporate seal and to be sub -
2
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
KLITZKE CONSTRUCTION CO.
(Seal of Contractor (Specify Title)
if a Corporation . )
By:
(Specify Title)
CITY OF SHKOSH
--ret1- 1W—L(Lt_iLLULLIL
(Witness) Wi liam D . Fruehl, City Manager
bakttp 4 And '1, i7a!
Donna C . Serwas ,City Clerk
as,,A,Lo o-04
APPROVED
r rt'y' 1 `°8'n /
CITY ATTORNE
OSHVOSN,WISCONSIN
3
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE,MD. 21203
Public Improvement
Performance/Labor and Material
Payment Bond
THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
TO SECTION 289.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO.
KNOW ALL MEN BY THESE PRESENTS:
That_Lloyd Klitzke DBA K z1ceCcnstruction.__C.ompany
(Here insert name and address or legal title of the Contractor)
Route__.#._2 -B.ox_ _21.6_r_..B1ack---Cre-etc-,----Wl 541.06_
as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation
of the State of Maryland, with its Home Office in the City of Baltimore, Maryland, and duly authorized and
licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly
bound unto___Cit_y_.__o_f.._Dshkosh,.--Wi.cons-in
(Name and address or legal title of Owner)
as Obligee,hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount
(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 May 6th. 19__.B8 entered into a
contract with Owner for Cur_b,____Guttar___and__-Storm---Seiner - Contract---88-09
in accordance with drawings and specifications prepared by-_Cer'aiel--KL∎nr d-,----Direetar----elf'---------
. ahlic._. kirks -C_ity---af____Oshkash_-_Engineer,
---Cahkosh,-WI
(Here insert full name,title and address)
which contract is by reference made a part hereof and is required by Section 289.14, Wisconsin Statutes,
to contain in substance the following provision:
The Contractor shall pay all claims for labor performed and materials furnished, used or consumed in
making the public improvement or performing the public work, including, without limitation because of
specific enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, ap-
paratus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, premiums
for workmen's compensation insurance and contributions for unemployment compensation.
The said written agreement, drawings, specifications and amendments are hereinafter referred to as the
Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 289.14,
Wisconsin Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every
person entitled thereto for all 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 Con-
tract, 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 Contract, or change in the work covered thereby,
or any extension of time for the completion of the Contract shall release the sureties on the bond.
(2) Not later than one year after the completion of work under the Contract, any party in interest
may maintain an action in his own name against the Principal and the Surety upon this bond for the
recovery of any damages he may have sustained by reason of the failure of the Principal to comply with
the Contract or with the Contract between the Principal and his subcontractors. if the amount realized
on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the
parties pro rata.
Signed and sealed this 6th day of May , 198a..
In the presence of: Klitzke Construction_.CQlnpany
Principal
/,-L7�-ci'-,--/ (SEAL)
Witness Title: Lloyd Kli zke, • er
FIDELITY AND D21T 9 PA •F t RYA ND
S ret
(SEAL)
f
I Y
Witness /Tit e-. I s seph F.Walsh-Attorney-in-Fact
...Apprs 'ed by*
In the presence of:
f
fV Owner
By (SEAL)
Witness Title:
*This bond shall be approved in the case of the state by the governor, 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.
C3018(WI)-2M,6-77 203579
Formerly Wis3018b
Public Improvement Performance/Labor-Material Bond
Wis.AIA Doc.Wis.A312 Jan.1969 Ed.
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 corporation of the
State of Maryland, by C. M. PECOT, JR. ,Vice-President,and C. W. ROBBINS
Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which
reads as follows:
"The Chairman of the Board,or the President,or any Executive Vice-President.or any of the Senior Vice-Presidents or 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 Secretary
or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents 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. recogniunces,
stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of
mortgages,... and to affix the seal of the Company thereto."
does hereby nominate constitute and appoint Robert N. Hartjes, William J. Janssen, Joseph F.
Walsh, Grace Willey and Dolores Van Groll, all of Little Chute Wiscos
i s true 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, each in a penalty not to exceed
the sum of ONE MILLION DOLLARS ($1 ,000,000)
• n. t 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.
This power of attorney revokes that issued on behalf of Robert N. Hartjes, etal,
dated, March 26, 1985.
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 lath day
of June ,A.D. 19 85
�••+�"+. FIDELITY AND DEPOSIT COMPANY OF MARYLAND
eo otaos�te ATTEST:
SEAL f e e B
Y.•„�° t
'""r'r r By Secretary y Vice-President
STATE OF MARYLAND
CITY OF BALTIMORE J
On this 12th day of June ,A.D. 19 85 ,before the subscriber,•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,tome 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 by Official Seal,at the City of Baltimore,the day and year first above writ en.
Notary Public 4`.ommission x s July 1 t 1986
Am_ "
'4 ,t c•' 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 specially 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 .6th day
of May 19 88
Lt426L—c11. —184-4098 Assistant
I�OR YOUR PROTECTION LOOK FOR TIIE F&1) WiVI'ERMARK
V V V r
V V V
Or. ISSUE a CERTIFICATE OF INSURANCE SET E STOPS AT ARROWS
E DATE(MM/DO/YY)
PRbDUCER 3/1/88
Hartj es-Walsh Insurance, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
P.O. Box 169 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Little Chute, WI 54140 _
COMPANIES AFFORDING COVERAGE
COMPANY *Jest Bend Mutual Insurance Co.
LETTER
g�p COMPANY
IN Lloyd
B
d Klitzke DBA LETTER wo
Klitzke Construction Company COMPANY
Route #2 - Box 216 LETTER C
Black Creek, WI 54106 COMPANY
LETTER
COMPANY
LETTER E
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 REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
1:1 TYPE OF INSURANCE
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
DATE(MM/DD/YY) DATE(MM/DD/Yl') EACH
GENERAL LIABILITY OCCURRENCE AGGREGATE
a COMPREHENSIVE FORM INJURY BODILY
INJURY
I
PREMISES/OPERATIONS 011-003-3077 :/l/88 x/1/89
allUNDERGROUND PROPERTY
EXPLOSION 8 COLLAPSE HAZARD DAMAGE $
a
PRODUCTS/COMPLETED OPERATIONS $
in CONTRACTUAL BI a Po 500 500
tam
im INDEPENDENT CONTRACTORS COMBINED
tame BROAD FORM PROPERTY DAMAGE
Ell PERSONAL INJURY X500
■ PERSONAL INJURY
AUTOMOBILE LIABILITY
IR ANY AUTO INJURY
al ALL OWNED AUTOS(PRIV. PASS.) 011-003-3077 C/1/88 C/1/89 ODD YERSON) $
al ALL OWNED AUTOS(°RN RPASSN) BODILY
INJURY
all
HIRED AUTOS (PER ACCIDENT) $
a NON-OWNED AUTOS PROPERTY
$
II GARAGE LIABILITY DAMAGE
In &PD
COMBINED $500
EXCESS LIABILITY
MI
I
UMBRELLA FORM 011-003-3077 C 3/1/89 BI s PD
III OTHER THAN UMBRELLA FORM COMBINED $2 000 i,000
WORKERS'COMPENSATION 011-003-3077 1 STATUTORY
AND / /88 3/1/89 R (EACH ACCIDENT)
EMPLOYERS' LIABILITY • (DISEASE-POLICY LIMIT)
OTHER
(DISEASE-EACH EMPLOYEE)
•
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Project No. 88-09 -Curb, Gutter and Store ,fir
CERTIFICATE HOLDER CANCELLATION
- • :V;
City Oshkosh, Wisconsin SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-PIRAiBN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,B T FAILUR TO MAIL UCH NOTI E S LL IMP• NO OBLIGATION OR LIABILITY
OF •4.• KIND U., THE '•%AMP• Y, I �NT ■
��.�, -� i'i EPRESENTATIVES.
ACORD 25(8/84) f11�V / ®,�
C IIR/ACORD CORPORATION 1984