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HomeMy WebLinkAboutJim Fischer/Safety Blg Parking Lot ra CONSTRUCTION CONTRACT THIS AGREEMENT made on the iBt_ day of by and between the CITY OF OSHKOSH and WINNEBAGO COUNTY, WISCONSIN, party of the first part , hereinafter referred to as the OWNER, AND JIM FISCHER INC. party of the second part, herein after referred to as the CONTRACTOR. WITNESSETH: That the Owner and the Contractor , for the consideration hereinafter named, agree as follows: ORTJCLE I scpEE or: 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: Winnebago County Public Safety Board Asphalt Paving and Underground Work (Parking Lot) , 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. ORTigi-E TI ME OF ggIELgIjoN 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 . PAYMENT (a) The Contract Sum. The Owner shall pay to the Contractor for the performance of the contract the sum of $ 40, 627. 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 Owner shall , in such cases pay to the Contractor for the performance of the Contract the amounts determined for the total number of 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 Contract. V V V V V V V V SET TAB STOPS AT ARROWS Of ® ISSUE DATE(MMIDDNY)CERTIFICATE OF INSURANCE 5/5/86 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS INSURANCE SERVICES, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, .0. Box 877 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Appleton, WI 54912 COMPANIES AFFORDING COVERAGE COMPANY 'eritage .nsurance LETTER A -.1'i-i�-11. COMPANY I, N • INSURED LETTER JIM FISCHER, INC. COMPANY c MAY 0 91986 407 N. Casaloma Drive LETTER Appleton, WI 54915 COMPANY D CITY CLERK 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. POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS CO TYPE OF INSURANCE POLICY NUMBER DATE(MM DDIYY) DATE(MOONY) EACH LTR OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY A ® COMPREHENSIVE FORM 344045 1/23/86 1/23/37 INJURY $ $ ■ PREMISES/OPERATIONS PROPERTY © UNDERGROUND DAMAGE $ $ EXPLOSION P8 COLLAPSE HAZARD © PRODUCTS/COMPLETED OPERATIONS © CONTRACTUAL OM D NED $ 500 $ 500 © INDEPENDENT CONTRACTORS F BROAD FORM PROPERTY DAMAGE ® PERSONAL INJURY PERSONAL INJURY $ 500 ■ AUTOMOBILE LIABILITY BODILY ANY AUTO 344045 1/23/86 1/23/87 IRERRPE P, RSDNI $ © ALL OWNED AUTOS (PRIV. PASS.) BODILY HAN INJURY © ALL OWNED AUTOS(OTHER PATSS.) PER ACCIDENT) $ © HIRED AUTOS PROPERTY in NON OWNED AUTOS I DAMAGE $ ■ GARAGE LIABILITY El&PD , I 1 ■ COMBINED $ EXCESS LIABILITY B ® UMBRELLA FORM Uti-18002423530 5/11/85 5/11/86 UN E() $1 ,000 $ 1,000 OTHER THAN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION 344045 1/23/86 1/23/87 $ 100 (EACH ACCIDENT) AND EMPLOYERS' LIABILITY $ 500 (DISEASE-POLICY LIMIT) $ 100 (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATION S/LOCATIONSNEHICLES/SPECIAL ITEMS All 1986 Projects CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- C i t y of Oshkosh PIRATIpJI DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO P . O . Box 1 1 3 0 MAIL I U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Oshkosh, WI 54902 OF ANY KIND UPON THE COMPAI , ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE, 41(X-'4e- / e ACORD 25(8/84) Ce, IIR/ACORD CORPORATION 1984 CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 97073 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint Alvin C . Braun , Jr . , John M . Lundquist , Timothy R . Nickels , John D . Van Groll , Mary M . VandenBurgt , Dennis W. Gillespie , Richard J . DeVries and Vione L . Shane of the City of Appleton , state of Wisconsin its true and lawful attorneys in and for the State of Wi SC o n S i n for the following purposes, to wit: To sign its name as surety to. and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever anyone of the said Alvin C . Braun , Jr . and the said John M . Lundquist and the said Timothy R . Nickels and the said John D . Van Groll and the said Mary M . VandenBurgt and the said Dennis W . Gillespie and the said Richard J . DeVries and the said Vione L . Shane may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 19th day of April , A. D. 1985 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By Charles D . Zimmerman , III Vice-President. (SEAL) (Signed) ..Bobe.r.t..Q.....Brue Assistant Secretary. STATE OF MARYLAND. 1 ss: BALTIMORE CITY, On this 19th day of April , A. D. 19 85 before me personally came Charles D . Zimmerman , III , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Robert G . Bruce , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they,the said Charles D . Zimmerman ,III and Robert G . Bruce were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 1986 Margaret M. Hurst (SEAL) (Signed) Notary Public. STATE OF MARYLAND Sct. BALTIMORE CITY, I, Saundra E . Banks , Clerk of the Circuit Court for Baltimore City,which Court is a Court of Record, and has a seal, do hereby certify that Margaret M . Hurst , Esquire,before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court of Record, this 19th clay of April , A.D. 1985 (SEAL) (Signed) Saundra E . Banks Clerk of the Circuit Court for Baltimore City. FS 3 (1.83) a✓gyp LITY qN ? r:� . � � ``�` IAI AI�I��Y COMPANY UNITED STATES IFIIDIEIL !, -- a 'fir( I� f� CO .�. „,.d 896 `( c' o:.any) PERFORMANCE BOND Approved by The American Institute of Architects A. I.A. Document No.A-311 (February 1970 Edition) BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: That J.IM...E.LSCHER.,....INC.. a 407 N. Casaloma, Appleton,.,..WI 54914 as Principal, hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, Baltimore, Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF _ - ,; OSHKOSH and WINNEBAGO COUNTY, WISCONSIN as Obligee, hereinafter called Owner, in the amount of FQRTX...THOUSAN D....S.IX...RUNDRED....TWENTY-SEVEN AND No/100 Dollars (g 40,627.00 ) • . for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. - WHEREAS, Contractor has by written agreement dated 14A.Y....1.,. 19..i4 entered into a contract with Owner for WINNEBAGO COUNTY PUBLIC SAFETY BOARD ASPHALT PAVING AND UNDERGROUND WORE 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 hereinafter referred to as the Contract. _ = NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. - The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the low- est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable p = hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of the Owner. - Signed and sealed this 6th day of MAY , 19.g6. In the presence of: ....JI.N. • SCHER. ,.I.NC•- .- — � „ — z-c'E).-� , �f.. .,-c,.l(r_ By l-?3 '_ ,, .- e!--1 (Seal) i (witness) Principal UNITED STATES FIDELITY AND GUARANTY COMPANY -f:,,,' (:d"..4-/—ri 271' 77-/--r--4?-14-1-s--1 ,;::: (witness) By (Seal) Vione L. Shane, Attorney-in-fact .moo Contract 2 1 1 (2-70) • yA'i 'r4r'r 5 '�ti:' ,I5h r�1,� i 5, %iii' ` J %iiif r:' 'A :r1 UE *O - UNITED STATES FIDEL F ,. leUARANTY COMPANY o ::d (A Stock Company) LABOR AND MATERIAL PAYMENT BOND - Approved by The American Institute of Architects A. I.A.Document No. A-311 (February 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER That JIM FISCHER, INC. 407 N. Casaloma, Appleton, WI 54914 as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, Baltimore, Maryland as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ~ OSHKOSH..AND..WINNEBAGO..COUNTY,...WISCONSIN '" as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of FORTY THOUSAND SIX�HUNDRED•TWENTY—SEVEN.AND NO�/100 Dollars($..41.,627.00 ), ``` for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. WHEREAS,Principal has by written agreement dated May 1, 1986 ,entered into a contract with Owner for WINNEBAGO COUNTY PUBLIC SAFETY BOARD ASPHALT PAVING AND UNDERGROUND WORK 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 hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that _ part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) The above-named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety(90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, -= however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive i..::,„ of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 6th day of MAY 19 86 JIM ISC R s'.'.:::,;:. ,-, )(7..-z.. Z ) . --.,.�' By l �.�_-c_ --j / `�– (Seal) ._ (witness) Principal Cik _��jj � �NIITTEDD..STATES F LI ND GUARANTY COMPANY "' /�1 " ��Z 'Z� By. /�r�s 'L (Seal) (Witness) Vione L. Shane, Attorney-in-fact This bond is issued simultaneously with performance bond in favor of the Owner conditioned on the full and faithful performance of the Contract. IR: f :at;,,r N y .w,,tSr:ii,,y r,� ns,, y ;;} .4V V 'ti{." ya ".yd� ''N o+' .i WFy• "f YV ,, b�'i r ,.. ,.+�:i;�:s`'lr:.+ _.... ,ri::.................... ..:{:�,.+3if.....•, ss �..u�Fe...-......v.,..,. ... .. ....�. -.i'�.,..tFisss�li:Y':its..'„r ,.�rl .,..__s1'u 's r ;, kr4.++ Contract 211-A (2-70) 0 '