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HomeMy WebLinkAboutBob Radtke/Menominee Park Zoo PW No. 88-02 Bond No 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 779.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO. KNOW ALL MEN BY THESE PRESENTS: That BOB...RADTKE.,___INC..., 6408 Hwy 110, Winneconne, WI 54986 (Here insert name and address or legal title of the Contractor) 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 City___of.._0shkosh..,_._WI (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 of._ Thirty Thousand, Two Hundred, Three and no/100 Dollars ($30,203.00* ), (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 February 19th 1988 , entered into a contract with Owner for ...constxu.ct ion__.of.__pedes-trian___br-itige, Menominee•--Park-,---Oghkosh-,---WI in accordance with drawings and specifications prepared by (Here insert full name,title and address) which contract is by reference made a part hereof and is required by Section 779.14, 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 enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, 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 779.14, 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 25th day of Februar_y , 19&8_-_.. In the presence of: BOB RADTKE-,__IN1C� / � Principal ci 7 7 _ G' t ( SEAL iitn ss Title: Pre•a - { --_. FIDELITY AND DEPOSIT COMPANY OF MARYLAND urety k � _. - S-�" ( )l - f -y< `:y�ptif>_ _,r<t- �,t,...- ,:'� (SEAL) Wilms Title: Attorney—in--Fact Approved by* In the presence of: Owner By - (SEAL) Witness Title: *This bond shall be approved in the case of the state by the state official authorized to enter such contract, of a county by its district attorney, of a city by its mayor, of a village by its president,of a town by its chair- man,of a school district by the director or president and of any other public board or body by the presiding officer thereof. C3018(WI)-500,5-83 2.17605 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 corpora- tion 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 Com pany, which reads as follows: "The President,or any one of the Executive Vice-Presidents, or any one of the additional 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 Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries 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,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu- ments which the business of the Company may require,and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Thomas J. Pupeter and Thomas P. Wagner both of Oshkosh, Wisconsin, EACH®. . ee . . n 'eee omseseamO. s.. eeee**. .. . .oe.00ae .. . . 4 s rue 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 HUNDRED THOUSAND DOLLARS � IOCDCO). . .. .eo . se ..e � not 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. 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 5th day of October , A.D. 1978 `•'•�� FIDELITY AND DEPOSIT COMPANY OF MARYLAND r�,a0 OE/30.94� ATTEST: '0 0 SEAL ,i uquNy qa� Assistant Secretary Vice-President STATE OF MARYLAND i SS: CITY OF BALTIMORE f On this 5th day of October' , A.D. 19 78 before the subscriber, a 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,to me 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 my Official Seal,at the City of Baltimore,the day and year first above Written. ,,..•O 'Tr•,,,,<Q'tiOTARY•.1 // Z ^ [X2 Notary Public Commission Expires__ s- :PUB.Cy.-$ '44;43'RE,,,;t,,,' 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 spe- cially 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 25th day of February 19 88 AMOK Assistant • cretar Lt4I9Ctf.—IM,9-SI 211850 RiEii*,,R2PROTECTION LOOK FOR TI I E F&I) WATERMARK QQNSTRIJQTIQN QQNTRAQT THIS AGREEMENT, made on the 19th day of February , 1988, , by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and BOB RADTKE INCORPORATED of 6408 Hwy. 110 , Winneconne, WI 54986 , party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named , agree as follows: ARTICLE I . aCO.E OF NIQRR 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. 88-02 for construction of pedestrian bridge at Menominee Park Zoo , pursuant to Resolution 443 adopted by the Common Council of the City of Oshkosh on 18th day of February, 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 III TIME OE QQMPLETIQN 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. ARTICLE_III. ?AYMENI (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of 13.0 ,203.00 , 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. ART.EQLE I3 . QQNTRACTOR IQHOLOCITY_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. ARTIC.LE_Ys QQMEONENI_RARTS OF THE QQNIRAC,I 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 BOB RADTKE INCORPORATED � 'T By:��_LKEY b' d President ( Seal of Contractor (Specify Title'' , if a Corporation . ) (Specify Titl CITY OF OSHKOS (‘(7,f, BY G`' _,cic�� i (Witness) William D . Frueh , , City Man ger 0)0±14 And �L`� f G�"'�1 . = L"S'��- ' f-- (Wit ess) Donna C . Serwa s ,Cit Y Clerk • • • Cif)" PROVE D "44 401 3 V V V V V V V V SET ISSUE DATE (MMlDDNY)TAB STOPS AT ARROWS : Of ® CERTIFICATE OF INSURANCE 2/26/88 ikk PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS The Thomas Corporation EXTEND OR UP O ER THE COVERAGE AFFORDED BY THEIPOLICES DOES ELOW .AMEND, P. 0. Box 358 Oshkosh, WI 54902 COMPANIES AFFORDING COVERAGE COMPANY A LETTER West Bend Mutual Insurance Com.an -• •1 COMPANY INSURED LETTER B Th- Hartford Insurance Grou. Bob Radtke, Inc. and COMPANY LETTER c Robert R. & Muriel I. Radtke 6408 Hwy 110 COMPANY D Winneconne, WI 54986 LETTER COMPANY E LETTER 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DEWY! EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY F COMPREHENSIVE FORM BCS0030302 09/20/87 09/20/88 INJURY $ $ PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION&COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL COMBINED $ 1,000 $ 1,000 INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 1,000 r UTOMOBILE LIABILITY BODILY INJURY IPANYAUTO CAS0030301 09/20/87 09/20/88 (PER PERSON) $ ALL OWNED AUTOS(PRIV. PASS.) BODILY OTHER THAN INJURY ALL OWNED AUTOS War PASS.) (PER ACCIDENT) $ ipi HIRED AUTOS PROPERTY NON-OWNED AUTOS I DAMAGE $ GARAGE LIABILITY BI&PD COMBINED $ „ EXCESS LIABILITY INBI&PD UMBRELLA FORM UCS0030303 09/20/87 09/20/88 COMBINED $3,000 $ 3,000 Mil OTHER THAN UMBRELLA FORM ■ WORKERS' COMPENSATION I 83WZVF6837 09/20/87 09/20/88 STATUTORY AND $ •i (EACH ACCIDENT) EMPLOYERS' LIABILITY $ I (DISEASE-POLICY LIMIT) ! $ a i (DISEASE EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Ref. : Contract No. 88-02, construction of pedestrian bridge, Menominee Park, Oshkosh, WI CERTIFICATE HOLDER CANCELLATION City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATI .N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City Clerk's Office MAIL I DAYS W - N NOTICE TO T- CERTIFICATE HOLDER NAMED TO THE Oshkosh, WI 54901 LEFT,BUT FAILU- •/"--IL SUCH NOT! 1r LL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND,,,,,,1• HE CO -ANY ��' ENT .+R REPRESENTATIVES. AUTHOR! SENTATIo A„1111111111M/ ACORD 25 (8/84) © IIR/ACORD CORPORATION 1984