Loading...
HomeMy WebLinkAboutPW CNT 87-20/Jim Fischer Inc CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 18th day of September, 1987 „ by and between the CITY OF OSHKOSH, party of the first part , hereinafter referred to as the CITY , and JIM FISCHER INC. of 407 N. Casaloma Dr . , Appleton , WI 54915 , 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 . 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. 87-20 for concrete curb and gutter, and storm sewer in Menominee Park for Public Works Department , pursuant to Resolution 266 adopted by the Common Council of the City of Oshkosh on 17th day of September , 1987 „ all in accordance and in strict compliance with the Contractor's proposal and the other contract documens referred to in ARTICLE V of this contract. ARTICLE II . TIME OF COMPLETION 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 City shall pay to the Contractor for the performance of the contract the sum of 119 ,244_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. 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 14 . 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 _ JIM FISCHER INC. 110 • ( Seal of Contractor (Specify Title) if a Corporation . ) (Specify Title) CITY OF Q, HKOSH. By ..-6-1,1e ✓.` Witness)- William D . Frueh , City Manager {� c.ELi� . And : �% '_l�_' ,? u , (Witness ) Donna C . Serwas , City Clerk I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. Edward A. Nokes , City Comptroller Apprioved as ti •rm: I ! Warren P. Kraf , ' ss , City Attorney 3 /S— of 4 copies . 412filV.s0w,:.,'".T:0Ay,:t.s5M'',.M1461.0.NatilEtWati,:.,Im:.P•'%,'s0,'',AltageNNUIVINGEWMPOihingilar." 1”,, ,,,„:!T:: 1 t ... _ ,. N: opELITY N x UNITED STATES IFIIIDLLI '_ LARANNTY COMPANY 'F (A Stlick 4.m ny) PERFORMANCE BOND • Approved by The American Institute of Architects A. I.A.Document No.A-311(February 1970 Edition) BOND NUMBER d KNOW ALL MEN BY THESE PRESENTS: That JIM FISCHER, INC. i. 407 N. CASALOMA DR. , APPLETON, WI 54915 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 as Obligee, hereinafter called Owner, in the amount of NINETEEN THOUSAND TWO HUNDRED NINETY FOUR .4 AND NO/100 Dollars ($ 19,294.00 ) ="= 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 SEPTEMBER 18, 1987, entered into a contract with Owner for CONCRETE CURB & GUTTER & STORM SEWER IN MENOMINEE PARK CONTRACT 87-20 =` 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 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 r 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. 'y:.j • 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 22Nd day of SEPTEMBER , 1987, In the presence of: JIM FISCHER INC (Witness) Principal r J / �,/ , TED STATES IDELI AN UARANTY COMPANY K ," --c'''.-/-".5/: i (Witness) � �* (Seal) By Vione L. hane, Attorney—in—fact ..: ..,:i'" 'i::a+a y1'$;:ii's's is,"�'t•' ,.... tiw' .a ...,, h'i. ' •:s ..�:ii A' .....,.-.(, .,•..,,t0I41iii}(',y l,.x,..5aA:5,Yd' ...t.kX idi,...,. ... i{s,..+':?3 W, .•.�k „r...rv�iF ..stt Contract 2 1 1 (2.70) / r of 4 copies F" „ SI .r ::(tt 'L4 ..:., ,'ra ....,. ,fi t..,::' A.. ,.,....a4' ......i.. ....;,,..� ,,. ra . .. :.... 1ti� ;,r.�, r. ... ra .. `~j n,F40EIITY 4NO'"v(� UNITED STATES FI®EL�r ' 4 UARANTY COMPANY (A Stock Company) LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A. I.A.Document No.A-311 (February 1970 Edition) , '4 KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER - =7 That JIM FISCHER, INC. _ 407 N. Casaloma Dr. , Appltton, WI 54915 as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, Baltimore, Maryland as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF OSHKOSH,... WISCONSIN as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of .NINETEEN THOUSAND..TWO.HUNDRED..NINETY-.FO.UR.AND.N0./100 -Dollars($..19,.29.4..Q0 ), A.,_ 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 SEPTEMBER 18, 19 87 , entered into a contract with Owner for CONCRETE CURB & GUTTER & STORM SEWER IN MENOMINEE PARK — CONTRACT 87-20 in accordance with drawings and specifications prepared by (Here insert full name,title and address) i °: 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 P. 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 r 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 ljmitation 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 22nd day of SEPTEMBER 19 87 JIM FISCHER, INC-2 .`... << , (Seal) -::l (Witness) / Principal ""` �NITER ST IDEL Y ND GUARANTY COMPANY ..../.64-2R-. l (witness) Vione L. Shane, Attorney—in—fact (Seal) This bond is issued simultaneously with performance bond in favor of the Owner conditioned on the full and faithful performance of the Contract. ,x7#/ ,...,i YJ,Y...... ,:s.;......•f........ ..... ... !_,,,.. z• •...'.- .. ..... .. ;i" I ..,;ry1 ,,.. i�r ti1,......, hV'l,,...,•[.`..,.. r, ', v r ertrr,+ k (, z��N, '•i..it',`rt�, w. 1r '�, sdH!! Contract 211-A (2-70) 0 ":,_ CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 99?63 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 John M. Lundquist, Timothy R. Nickels, Mary M. VandenBurgt, Dennis W. Gillespie, Richard J. DeVries, Vione L. Shane, Esther M. Endres and Donna M. Zegers of the City of Appleton , State of Wisconsin its true and lawful attorneys in and for the State .1 Wisconsin 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 iQO C anyone of the said John M. Lundquist and the said Timothy R. Nickels and the said Mary M. VandenBurgt and the said Dennis W. Gillespie and the said Richard J. DeVries and the said Vione L. Shane and the said Esther M. Endres and the said Donna M. Zegers 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 5th day of J> , A. D. 19 87 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By Robert E. DeNike Vice-President. (SEAL) (Signed) David J. SveC Assistant Secretary. STATE OF MARYLAND. ss: BALTIMORE CITY, On this 5th day of June , A. D. 19 87, before me personally came Robert E. DeNike , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and David J. Svec , 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 Robert E. DeNike and David J. Svee 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. 19.9Q.. (SEAL) (Signed) Margaret M. Hurst Notary Public. FS 3 (1-87) s. COPY OF RESOLUTION That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland,and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do,and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal,to appoint any person or persons as attorney or attorneys-in-fact,or agent or agents of said Company,in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys-in-fact,or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation,or undertaking,or anything in the nature of either of the same. 7, F. J. Willey ,an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full true and correct copyp_of the original power of attorney given by said Company to John M. Lundquist, Timothy R. Nickels, Mary M. VandenBurgt, Dennis V11. Gillespie, Richard J. DeVries, Vione L. Shane, Esther M. Endres and Donna M. Zegers of Appleton, Wisconsin , authorizing and empowering them to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November,1981,at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony. Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on SEPTEMBER 22, 1987 (Date) F#014114161. Assistant Secretary.