HomeMy WebLinkAboutDonald Hietpas & Sons 89-06 C/O #1 1989 ci
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( CHANGE ORDER NO. I
TO: DONALD HIETPAS & SONS, INC. DATED: July 6, 1989
P.O. Box 166
Little Chute, WI 54140
Your present contract with the City of Oshkosh, Contract No. 89-06
is hereby amended and changed as follows:
( insert here work and/or materials to be added or eliminated and
the unit and/or lump sum price to be added to or deducted from the
contract. )
WATER MAIN - MYRNA JANE DRIVE & FOND DU LAC ROAD, TO CORRECT QUANTITIES FROM
"ESTIMATED" TO "FINAL MEASUREMENT"
Total Increase to Contract $2,965.58
Total Decrease to Contract $ 580.50
NET INCREASE $2,385.08
RecomI deda_ C Y OF O HKOSH
r/-� / , By: � ,.(� l
irec or f , •1ic Wor s City . nager
1\ ��✓,�l �, ;x•'(1,7/ `
City Cle k
Approved and accepted:rrj zQj i,-e Z f4„(i r.C., 7"-/Z _O p
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V Cont actor
I certify that provision has been made to pay the liability that
will accrue to the City of Oshkosh, Wisconsin, under the within
Change Order.
L).,,,,,c a Ab-02,,,)
Comptroller
Ap roved as to form:
P ,..,*----
City Attorney
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CONSTRUQTION CONTRAQT
THIS AGREEMENT, made on the 21st day of April , 1989, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY , and DONALD HIETPAS & SONS , INC . of P.O.
Box 165 , Little Chute , WI 54140 , 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:
ARTIQLE_I,____aCQPE_QF_G1i QRR
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. 89-06
for water main and appurtenant work , pursuant to Resolution 19
adopted by the Common Council of the City of Oshkosh on 20th day
of April , 1989 ,
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 QF CQMELETION
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 .
ARTIQLEIII, EAYMENT
(a) The Contract Sum.
The City shall pay to the Contractor for the performance of the
contract the sum of 1.84,.3,81.25. , 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.
ARTIQLE IV . CONTRACTOR TQ HOLD QITY 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 . CQMRQKRNT PARTS QF IHR CONIRA.T
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
DONALD HIETPAS & SONS, INC.
____ E52--&-ce- f-■744_0(7ZQ..} , •
By: _ 41----
( Seal of Contractor ecify Tit19)
if a Corporation . )
By:_
(Specify T4'00' le)
CITY OF OS KOSH
) 1 P :
(Witness ) /
BY A-4
1,
William D . Frueh , ,City Manager
( athrig4Salp) ,
And :_4L/11 )1.8) 6(
li... I •
(Wit ess) Donna C . Serwas ,City Clerk
,
D,..______ ", --;-k--T-T7----, .-:
1-7-
, : 100731
\-----
( 4 ijt'
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 DONALD HIETPAS & SONS: INC.
P.O. BOX 16 (Here inge infix aoegs,.pxicgal tiil�f the gnfaF,t6)
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 OSHKOSH
P.O. BOX 1130 (Namndactdseeyy�{�ega(tI of(yvBe�02
as Obligee,hereinafter called Owner, for the use land Jbenefit WoLf claimants as hereinafter provided in the amount
of SIXTY—FOUR THOUSAND THREE HUNDRED EIGHTY—ONN___A,NA
25/100 —Dollars ($ 61+,381._t_25),
(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 present
WHEREAS, Principal has by written agreement dated ARIL 21 19 89 , entered into a
contract with Owner for PUBLIC WORKS CONTRACT NO. 89-06
in accordance with drawings and specifications prepared by THE CITY ENGINEER OF
OSHKOSH, WISCONSIN
(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 27TH day of APRIL 19 89
In the , esence of:
DONALD HIETPAS & SONS, INC .
Principal
/� �/ / By Ck4�l4s�.! 4 P,�4444 ,44,4 (SEAL)
i - i jj fitness Title:
r/ FIDELITY AND DEP$S CON': !F, "Y. ' , D
1_/ }} � y Zl-et
_ � al/70 Vie-2 f ,w (SEAL)
Y-
j_.Witness 'Till A . q .4 EY I 1 ACT
Approved.by*
In the presence of: n)
C-11 I e Cy5//'c),5/I
n / 074,111 r� z � �/� 2,A I °'L�! i_ _ By
(SEAL)
C?',r-y d&ezic., Witness Title: C,71 A.j A .p 6 IZ,
*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 are set
forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, 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,Wisconsin, EACH
ha true and lawful 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) . . . . ...
And the 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, June 12, 1985.
The said Assistant Secretary does hereby 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 15th day of
April , A.D. 1988
_'°'r FIDELITY AND DEPOSIT COMPANY OF MARYLAND`
ek4t.fre.–.
ATTEST: -SEAL
w...•• e
By-
Assistant`Secretary Vice-President
STATE OF MARYLAND
CM of BALTDIORE # :
On this 15th day of April , A.D. 19 88, 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.
moo:
•, ►u.u�:+° Notary Public Corn ' sio xpires July 1 , 19 9 0
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." 2 7T
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this
day of APRIL , 199.
184-4098 _ _ —/J,•,o 1
Assistant Secretary