HomeMy WebLinkAboutPW CNT 85-13/Jim Fischer, Inc CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 16th day of August, 1985, 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 Drive, Appleton, WI
54915, party of the second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH: That the City and the Contractor, for the
consiCeration 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. 85-13
For asphalt parking lot improvements and storm sewer work ,
pursuant to Resolution #15 adopted by the Common Council of the
City of Oshkosh on 15th day of August, 1985,
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.
Arl " I E_T.I _.. PAYMENT
(a) The Contract Sum.
The City shall pay to the Contractor for the performance of the
contract the sum of $43.131.25, 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
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a "Unit Price" basis, the above mentioned figure is an estimated
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.
(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 enumer-
ated 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 "Con-
tractor" wherever used in this contract means the party of the second
part and its/his/their legal representatives, successors and assigns.
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IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused
this contract to be sealed with its corporate seal and to be sub-
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.
By: �,l ti
(Seal of Contractor
if a Corporation ) (Specify Title)��y: �1������ ,, ,z.
-. v.,,Z,..,?_,,,___ .ir
(Specify Title)
CITY OF OS OSH
/
By: :.1- By: 7'1e/..: 4 _11 --
/ "AiiipWitnAF William D. Frueh, Cit.? Manager
ir
A' (_�- _ And: Ai 14l _1 / a1
.i,.t''ess) 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
Appro ed as t f•rm:7
f
Warren P. Kra t," Asst, City Attorney
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PART I. EQUAL EMPLOYMENT OPPORTUNITY
A. Activities and Contracts Not Subject to Executive Order 11246,
as Amended
(Applicable to Federally assisted construction contracts and related
subcontracts $10,000 and under.)
During the performance of this contract, the contractor agrees as
follows:
(1) The Contractor shall not discriminate against any
employee or applicant for employment because of race,
color, religion, sex, or national origin. The Con-
tractor shall take affirmative action to ensure that
applicants for employment are employed, and that
employees are treated during employment, without
regard to their race, color, religion, sex, or
national origin. Such action shall include, but not
be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for train-
ing, including apprenticeship.
(2) The Contractor shall post in conspicuous places,
available to employees and applicants for employ-
ment, notices to be provided by Contracting Officer
setting forth the provisions of this non-
discrimination clause. The Contractor shall state
that all qualified applicants will receive consideration
for employment without regard to race, color, religion,
sex, or national origin.
(3) Contractors shall incorporate foregoing requirements
in all subcontracts.
B. Equal Opportunity Clause
(Executive Order 11246, as amended, applicable to Federally assisted
construction contracts and related subcontracts $10,000 and above. )
During the performance of this contract, the contractor agrees as
follows :
(1) The contractor will not discriminate against any
employee or applicant for employment because of race,
color, religion, sex, or national origin. The con-
tractor will take affirmative action to ensure that
applicants are employed, and that employees are
treated during employment, without regard to their
race, color, religion, sex, or national origin_ Such
action shall include, but not be limited to, the
following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising;
layoff or termination, rates of pay or other forms
of compensation; and selection for training,
including apprenticeship. The contractor agrees
to post in conspicuous places, available to employees
and applicants for employment, notices to be pro-
vided setting forth the provisions of this non-
discrimination clause.
(2) The contractor will, in all solicitations or adver-
tisements for employees placed by or on behalf of
the contractor, state that all qualified applicants
will receive consideration without regard to race,
color, religion, sex, or national origin.
(3) The contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other contract
or understanding, a notice to be provided by the
Contract Compliance Officer advising the said labor
union or workers' representatives of the contractor's
commitment under this section, and shall post copies
of the notice in conspicuous places available to
employees and applications for employment.
(4) The contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The contractor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965,
and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the Department
and the Secretary of Labor for purposes of investiga-
tion to ascertain compliance with such rules, regula-
tions, and others.
(6) In the event of the contractor's non-compliance with
the non-discrimination clauses of this contract or
with any of the said rules, regulations , or orders ,
this contract may be cancelled, terminated, or sus-
pended in whole or in part and the contractor may be
declared ineligible for further Government contracts
in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, or by rule, regula-
tion, or order of the Secretary of Labor, or as other-
wise provided by law.
(7) The contractor will include the provisions of the
sentence immediately preceding paragraph ( 1) and
the provisions of paragraphs (1) through ( 7) in
every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such pro-
visions will be binding upon each subcontractor or
vendor. The contractor will take such action with
respect to any subcontract or purchase order as the
Department may direct as a means of enforcing such
provisions, including sanctions for non-compliance.
Provided, however, that in the event a contractor
becomes involved in, or is threatened with, litiga-
tion with a subcontractor or vendor as a result of
such direction by the Department, the Contractor may
request the United States to enter into such litiga-
tion to protect the interest of the United States.
C. Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity (Executive Order 11246, as Amended)
1. The Offeror's or Bidder's attention is called to the "Equal
Opportunity Clause" and the "Standard Federal Equal Employ-
ment Opportunity Construction Contract Specifications" set
forth herein.
2. The goals for minority and female participation, expressed in
percentage terms for the Contractor's aggregate workforce in
each trade on all construction work in the covered area, are
as follows:
FEDERAL REGISTER - PUBLISHED SEPTEMBER 7, 1979
Goals for Minority Participation in Each Trade - .9%
Goals for Female Participation in Each Trade - 6.9%
These goals are applicable to all the Contractor's construction
work (whether or not it is Federal or Federally assisted) per-
formed in the covered area.
The Contractor's compliance with the Executive Order and the regu-
lations in 41 CFR Part 60-4 shall be based on its implementation
of the Equal Opportunity Clause, specific affirmative action ob-
ligations required by the specifications set forth in 41 CFR
60-4.3(a) , and its efforts to meet the goals established for the
geographical area where the contract resulting from this solici-
tation is to be performed. The hours of minority and female
employment and training must be substantially uniform throughout
the length of the contract, and in each trade, and the Contractor
shall make a good faith effort to employ minorities and women
evenly on each of its projects. The transfer of minority or
female employees or trainees from Contractor to Contractor or
from project to project for the sole purpose of meeting the
Contractor's goals shall be a violation of the contract, the
Executive Order and the regulations in 41 CFR Part 60-4. Com-
pliance with the goals will be measured against the total work
hours performed.
3. The Contractor shall provide written notification to the Director
of the Office of Federal Contract Compliance Programs within
ten ( 10) working days of award of any construction subcontract
in excess of $10,00 at any tier for construction work under the
contract resulting from this solicitation. The notification
shall list the name, address, and telephone number of the sub-
contractor; employer identification number; estimated dollar
amount of the subcontract; estimated starting and completion
dates of the subcontract; and the geographical area in which the
contract is to be performed.
4. As used in this Notice, and in the contract resulting from
this solicitation, the "covered area" is the Appleton-Oshkosh
SMSA ( including Winnebago and Outagamie Counties) .
D. Standard Federal Equal Employment Opportunity Construction
Contract Specifications (Executive Order 11246)
1. As used in these specifications:
(a) "Covered area" means the geographical area described
in the solicitation from which this contract resulted;
(b) "Director" means Director, Office of Federal Contract
Compliance Programs, United States Department of
Labor, or any person to whom the Director delegates
authority;
(c) "Employer identification number" means the Federal
Social Security number used on the Employer's Quarterly
Federal Tax Return, U.S. Treasury Department Form 941.
(d) "Minority" includes:
(1) Black (all persons having origins in any of
the Black African racial groups not of
Hispanic origin) ;
(2) Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American, or other
Spanish Culture or origin, regardless of race) ;
(3) Asian and Pacific Islander (all persons having
origins in any of the original peoples of Far
East, Southeast Asia, the Indian Subcontinent,
or the Pacific Islands) ; and
(4) American Indian or Alaskan Native (all persons
having origins in any of the original peoples
of North America and maintaining identifiable
tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier,
subcontracts a portion of the work involving any construction
trade, it shall physically include in each subcontract in
excess of $10,000, the provisions of these specifications and
the Notice which contains the applicable goals for minority
and female participation and which is set forth in the solici-
tations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5)
in the covered area either individually or through an associa-
tion, its affirmative action obligations on all work in the
Plan area (including goals and timetables) shall be in accor-
dance with that Plan for those trades which have unions parti-
cipating in the Plan. Contractors must be able to demonstrate
their participation in and compliance with the provisions of
any such Hometown Plan. Each Contractor or Subcontractor
participating in an approved Plan is individually required to
comply with its obligations under the EEO clause, and to make
a good faith effort to achieve each goal under the Plan in
each trade in which it has employees. The overall good faith
performance by other contractors or Subcontractors toward a
goal in an approved Plan does not excuse any covered Contractor's
or Subcontractor's failure to take good faith efforts to achieve
the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action
standards provided in paragraphs 7(a) through (p) of these
specifications. The goals set forth in the solicitation from
which this contract resulted are expressed as percentages of
the total hours of employment and training of minority and female
utilization the Contractor should reasonably be able to achieve
in each construction trade in which it has employees in the
covered area. The Contractor is expected to make substantially
uniform progress toward its goals in each craft during the
period specified.
5. Neither the provisions of any collective bargaining agreement,
nor the failure by a union with whom the Contractor has a
collective bargaining agreement, to refer either minorities or
women shall excuse the Contractor's obligations ,under these
specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
6. In order for the non-working training hours of apprentices and
trainees to be counted in meeting the goals, such apprentices
and trainees must befemployed by the Contractor during the
training period, and the Contractor must have made a commitment
to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities.
Trainees must be trained pursuant to training programs approved
by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure
equal employment opportunity. The evaluation of the Contractor's
compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The Con-
tractor shall document these efforts fully, and shall implement
affirmative action steps at least as extensive as the following:
(a) Ensure and maintain a working environment free of
harassment, intimidation, and coercion at all sites,
and in all facilities at which the Contractor's
employees are assigned to work. The Contractor,
where possible, will assign two or more women to
each construction project. The Contractor shall
specifically ensure that all foreman, superinten-
dents , and other on-site supervisory personnel
are aware of and carry out the Contractor's
obligation to maintain such a working environment,
with specific attention to minority or female
individuals working at such sites or in such
facilities.
(b) Establish and maintain a current list of minority
and female recruitment sources, provide written
notification to minority and female recruitment
sources and to community organizations when the
Contractor or its unions have employment oppor-
tunities available, and maintain a record of the
organizations' responses.
(c) Maintain a current file of the names, addresses
and telephone numbers of each minority and female
off-the-street applicant and minority or female
referred from a union, a recruitment source or
community organization and of what action was taken
with respect to each such individual. If such
individual was sent to the union hiring hall for
referral and was not referred back to the Contrac-
tor by the union, or if referred, not employed by
the Contractor, this shall be documented in the file
with the reason therefor, along with whatever addi-
tional actions the Contractor may have taken.
(d) Provide immediate written notification to the
Director when the union or unions with which the
Contractor has a collective bargaining agreement
has not referred to the Contractor a minority per-
son or woman sent by the Contractor, or when the
Contractor has other information that the union
referral process has impeded the Contractor's
efforts to meet its obligations.
(e) Develop on-the-job training opportunities and/or
participate in training programs for the area which
expressly include minorities and women, including
upgrading programs and apprenticeship and trainee
programs relevant to the Contractor's employment
needs, especially those programs funded or approved
by the Department of Labor. The Contractor shall
provide notice of these programs to the sources
compiled under 7(b) above.
(f) Disseminate the Contractor's EEO policy by providing
notice of the policy to unions and training programs
and requesting their cooperation in assisting the
Contractor in meeting its EEO obligations; by including
it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper,
annual report, etc. ; by specific review of the policy
with all management personnel and with all minority
and female employees at least once a year; and by
posting the company EEO policy on bulletin boards
accessible to all employees at each location where
construction work is performed.
(g) Review, at least annually, the company's EEO policy
and affirmative action obligations under these
specifications with all employees having any respon-
sibility for hiring, assignment, layoff, termination,
or other employment decisions including specific
review of these items with on-site supervisory per-
sonnel such as Superintendents, General Foremen, etc. ,
prior to the initiation of construction work at any
job site. A written record shall be made and main-
tained identifying the time and place for these
meetings, persons attending, subject matter discussed,
and disposition of the subject matter.
(h) Disseminate the Contractor's EEO policy externally
by including it in any advertising in the news media,
specifically including minority and female news
media, and providing written notification to and
discussing the Contractor's EEO policy with other
Contractors and Subcontractors with whom the Contrac-
tor does or anticipates doing business.
(i) Direct its recruitment efforts, both oral and writ-
ten, to minority, female and community organizations,
to schools with minority and female students and to
minority and female recruitment and training organiza-
tions serving the Contractor's recruitment area and
employment needs. Not later than one (1) month prior
to the date for the acceptance of applications for
apprenticeship or other training- by any recruitment
source, the Contractor shall send written notification
to organizations such as the above, describing the
openings, screening procedures, and tests to be used
in the selection process.
(j) Encourage present minority and female employees to
recruit other minority persons and women, and, where
reasonable, provide after school, summer and vaca-
tion employment to minority and female youth both on
the site and in other areas of a Contractor' s workforce.
(k) Validate all tests and other selection requirements
where there is an obligation to do so under 41 CFR
Part 60-3.
(1) Conduct, at least annually, an inventory and evaluation
at least of all minority and female personnel for pro-
motional opportunities and encourage these employees
to seek or to prepare for, through appropriate trianing,
etc. , such opportunities.
(m) Ensure that seniority practices, job classifica-
tions, work assignemnts and other personnel prac-
tices, do not have a discriminatory effect by
continually monitoring all personnel and employment
related activities to ensure that the EEO policy
and the Contractor's obligations under these specifi-
cations are being carried out.
(n) Ensure that all facilities and company activities
are non-segregated except that separate or single-
user toilet and necessary changing facilities shall
be provided to assure privacy between the sexes.
(o) Document and maintain a record of all solicitations
of offers for subcontracts from minority and female
construction contractors and suppliers, including
circulation of solicitations to minority and female
contractor associations and other business associa-
tions.
(p) Conduct a review, at least annually, of all super-
visor's adherence to and performance under the Con-
tractor's EEO policies and affirmative action obliga-
tions.
8. Contractors are encouraged to participate in voluntary associations
which assist in fulfilling one or more of their affirmative action
obligations (7(a) through (p)). The efforts of a contractor asso-
ciation, joint contractor-union, contractor-community, or other
similar group of which the contractor is a member and participant,
may be asserted as fulfilling any one or more of its obligations
under 7(a) through (p) of these Specifications provided that
the contractor actively participates in the group, makes every
effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that
the concrete benefits of the program are reflected in the
Contractor's minority and female workforce participation, makes
a good faith effort to meet its individual goals and timetables,
and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the Contractor. The
obligation to comply, however, is the Contractor's and failure
of such a group to fulfill an obligation shall not be a defense
for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women
have been established. The Contractor, however, is required to
provide equal employment opportunity and to take affirmative ac-
tion for all minority groups, both male and female, and all
women, both minority and non-minority. Consequently, the Con-
tractor may be in violation of the Executive Order if a particu-
lar group is employed in a substantially disparate manner (for
example, even though the Contractor has achieved its goals for
women generally, the Contractor may be in violation of the Execu-
tive Order if a specific minority group of women is underutilized) .
10. The Contractor shall not use the goals and timetables or
affirmative action standards to discriminate against any per-
son because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any
person or firm debarred from Government contracts pursuant to
Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties
for violation of these specifications and of the Equal Oppor-
tunity Clause, including suspension, termination and cancella-
tion of existing subcontracts as may be imposed or ordered
pursuant to Executive Order 11246, as amended, and its implement-
ing regulations, by the Office of Federal Contract Compliance
Programs. Any Contractor who fails to carry out such sanctions
and penalties shall be in violation of these specifications and
Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these speci-
fications, shall implement specific affirmative action steps,
at least as extensive as those standards predescribed in paragraph
7 of these specifications, so as to achieve maximum results from
its efforts to ensure equal employment opportunity. If the Con-
tractor fails to comply with the requirements of the Executive
Order, the implementing regulations, or these specifications,
the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor
all employment related activity to ensure that the company EEO
policy is being carried out, to submit reports relating to the
provisions hereof as may be required by the Government, and to
keep records. Records shall at least include for each employee
the name, address, telephone number, construction trade, union
affiliation if any, employee identification number when assigned,
social security number, race, sex, status (e.g. mechanic, appren-
tice, trainee, helper, or laborer) , dates of changes in status,
hours worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Records shall be main-
tained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement,
contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon
the application of other laws which establish different standards
of compliance or upon the application or requirements for the
hiring of local or other area residents (e.g. those under the
Public Works Employment Act of 1977 and the Community Development
Block Grant Program).
E. Section 3 Clause
All contractors will be required to comply with Section 3 of the
Housing and Urban Development Act of 1968, as amended. Section 3
requires that to the greatest extent feasible, opportunities for
training and employment be given lower income residents of the project
area and contracts for work in connection with the project be awarded
to business concerns which are located in or owned in substantial
part by persons residing in the area of the project. Contractors may
be required to submit evidence documenting their compliance.
Federal Labor Standards Provisions U.S. Department of Housing ��
and Urban Development ,r
Applicability
The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions,including the views of all
contract pertains is being assisted by the United States of America and the interested parties and the recommendation of HUD or its designee,to the
following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre-
pursuant to the provisions applicable to such Federal assistance. sentative,will issue a determination within 30 days of receipt and so advise
A.1.Q)Minimum Wages MI laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day
ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man-
1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.)
of the project),will be paid unconditionally and not less often than once a (d)The wage rate(including fringe benefits where appropriate)
week,and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1)(b)or(c)of this paragraph,shall
such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con-
Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount tract from the first day on which work is performed in the classification.
of wages and bona fide fringe benefits(or cash equivalents thereof)due at (iii)Whenever the minimum wage rate prescribed in the contract for a
time of payment computed at rates not less than those contained in the class of laborers or mechanics includes a fringe benefit which is not
wage determination of the Secretary of Labor which is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as
made a part hereof,regardless of any contractural relationship which may stated in the wage determination or shall pay another bona fide fringe
be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof.
mechanics.Contributions made or costs reasonably anticipated for bona (iv)If the contractor does not make payments to a trustee or other third
fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf person,the contractor may consider as part of the wages of any laborer cr
of laborers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing
mechanics,subject to the provisions of 29 CFR'5.5(a)(1)(iv);also,regular bona fide fringe benefits under a plan or program,Provided,That the
contributions made or costs incurred for more than a weekly period(but Secretary of Labor has found,upon the written request of the contractor,
not less often than quarterly)under plans,funds,or programs,which cover that the applicable standards of the Davis-Bacon Act have been met.The
the particular weekly period,are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate
incurred during such weekly period. account assets for the meeting of obligations under the plan or program.
Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control
and fringe benefits on the wage determination for the classification of work Number 1215-0140.)
actually performed,without regard to skill,except as provided in 29 CFR -2.Withholding.HUO or its designee shall upon its own action or upon
Part 5.5(a)(4).Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor
classification may be compensated at the rate specified for each classifica- withhold or cause to be withheld from the contractor under this contract or
lion for the time actually worked therein:Provided,That the employer's pay- any other Federal contract with the same prime contractor,or any other
roll records accurately set forth the time spent in each classification in Federally-assisted contract subject to Davis-Bacon prevailing wage
which work is performed.The wage determination(including any additional requirements,which is held by the same prime contractor so much of the
classification and wage rates conformed under 29 CFR Part 5.5(aX1Xii)and accrued payments or advances as may be considered necessary to pay
the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics,including apprentices,trainees and helpers.
tractor and its subcontractors at the site of the work in a prominent and employed by the contractor or any subcontractor the full amount of wages
accessible place where it can be easily seen by the workers. required by the contract In the event of failure to pay any laborer or
(fl)(a)Any class of laborers or mechanics which is not listed in the mechanic,including any apprentice,trainee or helper,employed or working
wage determination and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or
be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the
approve an additional classification and wage rate and fringe benefits project),all or part of the wages required by the contract,HUD or its desig-
therefore only when the following criteria have been met nee may,after written notice to the contractor,sponsor,applicant or owner,
(1)The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any
performed by a classification in the wage determination;and further payment,advance,or guarantee of funds until such violations have
(2)The classification is utilized in the area by the construction ceased.HUD or its designee may,after written notice to the contractor,dis-
industry,and bursa such amounts withheld for and on account of the contractor or sub-
(3)The proposed wage rate,including any bona fide fringe bene- contractor to the respective employees to whom they are due.The Comp-
fits,bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct
wage determination. Davis-Bacon Act contracts.
(b)If the contractor and the laborers and mechanics to be employed 3.(i)Payrolls and basic records.Payrolls and basic records relating
in the classification(if known),or their representatives,and HUD or its thereto shall be maintained by the contractor during the course of the work
designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and
designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States
taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949,in the construction
and Hour Division,Employment Standards Administration,U.S,Department or development of the project).Such records shall contain the name,
of Labor,Washington,D.C.20210.The Administrator,or an authorized address.and social security number of each such worker,his or her cor-
representative,will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contribu-
cation action within 30 days of receipt and so advise HOD or its designee tons or costs anticipated for bona fide fringe benefits or cash equivalents
or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(bX2)(B)of the Davis-b:con Act),
time is necessary.(Approved by the Office of Management and Budget daily and weekly number of hours worked,deductions made and actual
under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5
(c)In the event the contractor,the laborers or mechanics to be (aX1Xiv)that the wages of any laborer or mechanic include the amount of
employed in the classification or their representatives,and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro-
designee do not agree on the proposed classification and wage rate gram described in Section 1(b)(2)(B)of the Davis-Bacon Act,the contractor
(inducing the amount designated for Cringe cenefits,where appropriate), snail maintain records which show that the commitment to provide such
HUD-4011 ?2341
?*iivious Edition is Obsolete !H9 p: y 11
benefits is enforceable,that the plan or program is financially responsible. apprentice.The allowable ratio of apprentices to journeymen on the job site
and that the plan or program has been communicated in writing to the in any craft classification shall not be greater than the ratio permitted to the
laborers or mechanics affected,and records which show the costs antici- contractor as to the entire work force under the registered program.Any
pated or the actual cost incurred in providing such benefits.Contractors worker listed on a payroll at an apprentice wage rate,who is not registered
employing apprentices or trainees under approved programs shall maintain or otherwise employed as stated above,shall be paid not less than the
written evidence of the registration of apprenticeship programs and certifi- applicable wage rate on the wage determination for the classification cation of trainee programs the registration of the apprentices and trainees, work actually performed.In addition,any apprentice performing work on
and the ratios and wage rates prescribed in the applicable programs. the job site in excess of the ratio permitted under the registered program
(Approved by the Office of Management and Budget under OMB Control shall be paid not less than the applicable wage rate on the wage determi-
Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing
■ (p)(a)The contractor shall submit weekly for each week in which any construction on a project ins locality other than that in whicho o ram`s
contract work is performed a copy of all payrolls to HUD or its designee if registered the ratios and w e rates(expressed in percentag
the agency is a party to the contract but if the agency is not such a party, neyman's hourly rate)specified in the contractor's or subcontractor's regis-
the contractor will submit the payrolls to the applicant,sponsor,or owner, tered program shall be observed.Every apprentice must be paid at not
as the case may be,for transmission to HUD or its designee.The payrolls less than the rate specified in the registered program for the apprentice's
submitted shall set out accurately and completely all of the information level of progress.expressed as a percentage of the journeymen hourly rate
required to be maintained under 29 CFR Part 5.5(a)(3Xi).This information specified in the applicable wage determination.Apprentices shall be paid
may be submitted in any Corm desired.Optional Form WH-347 is available fringe benefits in accordance with the provisions of the apprenticeship
for this purpose and may be purchased from the Superintendent of Docu- program.If the apprenticeship program does not specify fringe fips,
meets(Federal Stock Number 029-005-00014-1),U.S.Government Printing apprentices must be paid the full amount of fringe benefits listed on the
Office,Washington.DC.20402.The prime contractor is responsible for the wage determination for the applicable classification.If the Administrator
submission of copies of payrolls by all subcontractors.(Approved by the determines that a different practice prevails for the applicable apprentice
• Office of Management and Budget under OMB Control Number the event the Bureau fringes Apprenticeship shall
pd in accordance that
a S determination.In
1215-0149.)
(b)Each payroll submitted shall be accompanied by a"Statement of ticeship Agency recognized by the Bureau,withdraws approval of an
Compliance."signed by the contractor or subcontractor or his or her agent apprenticeship program,the contractor will no longer be permitted to utilize
who pays or supervises the payment of the persons employed under the apprentices at less than the applicable predetermined rate for the work
contract and shall certify the following performed until an acceptable program is approved.
(1)That the payroll for the payroll period contains the information (fi))Trainees.Except as provided in 29 CFR 5.16,trainees will not be
required to be maintained under 29 CFR Part 5.5(ax3)(i)and that such permitted to work at less than the predetermined rate for the work pered in
information is correct and complete: formed unless they are employed pursuant to and individually register
m which has received prior approval,evidenced by formal certifi-
(2)That each laborer or mechanic(including each helper, a program and Training Admini-
apprentice.and trainee)employed on the contract during the payroll period cation by the U.S.Department of Labor,Employment 9
has been paid the full weekly wages earned without rebate,either directly stration.The ratio of trainees to journeymen on the job site shall not be
or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by the Employment and
rectly from the full wages earned,other than permissable deductions as set Training Administration.Every trainee must be paid at not less than the rate
forth in 29 CFR Part 3; specified in the approved program for the trainee's level of progress.
(3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the
applicable wage rates and fringe benefits or cash equivalents for the Gas- applicable wage determination.Trainees shall be paid fringe benefits in
sication of work performed as specified in the applicable wage determina- accordance with the provisions of the trainee program.If the trainee pro-
tion incorporated into the contract gram does not mention hinge benefits,trainees shall be paid the full
(c)The weekly submission of a properly executed certification set amount of hinge benefits listed on the wage determination unless the
forth on the reverse side of Optional Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines that there is an
requirement for submission of the"Statement of Compliance"required by apprenticeship program associated with the corresponding journeyman
paragraph A.3.(ii)(b)of this section. wage rate on the wage determination which provides for less than full
(d)The falsification of any of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a
contractor or subcontractor to civil or criminal prosecution under Section trainee rate who is not registered and participating in a training plan
i 1001 of Title 18 and Section 231 of'Tide 31 of the United States Code. approved by the Employment and Training Administration shall be paid not
i (iii)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work
under paragraph A.3.(i)of this section available for inspection,copying,or actually performed.In addition,any trainee performing work on the job site
transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted under the registered program shall be paid
Department of Labor,and shall permit such representatives to interview not less than the applicable wage rate on the wage determination for the
employees during working hours on the job.If the contractor or subcon- work actually performed.In the event the Employment and Training Admin-
. tractor fails to submit the required records or to make them available.HUD istration withdraws approval of a training program,the contractor will no
or its designee may,after written notice to the contractor•sponsor,appli- longer be permitted to utilize trainees at less than the applicable predeter-
cant or owner,take such action as may be necessary to cause the sus-
mined rate for the work performed until an acceptable program is
pension of any further payment,advance,or guarantee of funds.Further- approved. The utilization of apprentices
more,failure to submit the required records upon request or to make such (iii)Equal employment opportunity.
records available may be grounds for debarment action pursuant to 29 trainees and journeymen under this part shall be in conformity with the
CFR Part 5.12. equal employment opportunity requirements of Executive Order 11246,as
4.(I)Apprentices and Trainees.Apprentices.Apprentices will be per- amended,and 29 CFR Part 30.
milted to work at less than the predetermined rate for the work they per-
5.Compliance with Copeland Act requirements.The contractor shall
formed when they are employed pursuant to and individually registered in a comply with the requirements of 29 CFR Part 3 which are incorporated by
bona fide apprenticeship program registered with the U.S.Department of reference in this contract.
Labor,Employment and Training Administration.Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub-
and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(aX1)through(10)and such
Bureau,or if a person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions
employment as an apprentice in such an apprenticeship program.who is require,and also a clause requiring the subcontractors to include these
not individually registered in the program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor shall be
Bureau of Apprenticeship and Training or a State Apprenticeship Agency resoona:cie for the compliance by any subcontractor or lower tier subcon-
(where appropriate)to be eiaible for probationary employment as an
tractor with ail the contract clauses in 29 CFR Part 5.5.
HUD-0101.2-841
7.Contracts termination;debarment.A breach of the contract clauses in pensation at a rate not less than one and one-half times the basic rate of
29 CFR 5.5 may be grounds for termination of the contract and for debar- pay for all hours worked in excess of eight hours in any calendar day or in
merit as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek,whichever is greater.
8.Compliance with Davis-Bacon and Related Act Requirements.All rul- (2)Violation;liability for unpaid wages;liquidated damages.In the
ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)of this
29 CFR Parts 1,3.and 5 are herein incorporated by reference in this paragraph.the contractor and any subcontractor responsible therefor shall
contract be liable for the unpaid wages.In addition,such contractor and subcon-
9.Disputes concerning labor standards.Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done under
standards provisions of this contract shall not be subject to the general contract for the District of Columbia or a territory,to such District or to such
disputes clause of this contract Such disputes shall be resolved in accor- territory),for liquidated damages.Such liquidated damages shall be com-
dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individual laborer or mechanic,including
Parts 5,6.and 7.Disputes within the meaning of this clause include dis- watchmen and guards,employed in violation of the clause set forth in sub-
putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in the sum of$10 for each calendar day on
designee,the U.S.Department of labor,or the employees or their which such individual was required or permitted to work in excess of eight
representatives. hours or in excess of the standard workweek of forty hours without pay-
10.0)Certification of Eligibility.By entering into this contract the con- merit of the overtime wages required by the clause set forth in subpara-
tractor certifies that neither it(nor he or she)nor any person or firm who graph(1)of this paragraph.
has an interest in the contractor's firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages.HUD or its
awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an autho-
Bacon Act or 29 CFR 5.12(ax1)or to be awarded HUD contracts or partici- riled representative of the Department of Labor withhold or cause to be
pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the
(p)No part of this contract snail be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal
ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract or any other Federally-assisted con-
the Davis-Bacon Act or 29 CFR 5.12(aX1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act which
or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined to
(iu)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor
Criminal Code.18 U.S.C.1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set
1010.Title 18,U.S.C.."Federal Housing Administration transactions",pro- forth in subparagraph(2)of this paragraph.
vides in part"Whoever,for the purpose of. . influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any
action of such Administration. . . makes.utters or publishes any statement subcontracts the clauses set forth in subparagraph(1)through(4)of this
knowing the same to be false. . . shall be fined not more than$5,000 or paragraph and also a clause requiring the subcontractors to include these
imprisoned not more than two years,or both." clauses in any lower tier subcontracts.The prime contractor shall be
11.Complaints,Proceedings,or Testimony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier subcontrac-
mechanic to whom the wage,salary,or other labor standards provisions of tor with the clauses set forth in subparagraphs(1)through(4)of this
this Contract are applicable shall be discharged or in any other manner paragraph.
discriminated against by the Contractor or any subcontractor because such C.Health and Safety
employee has filed any complaint or instituted or caused to be instituted (1)Na laborer or mechanic shall be required to work in surroundings
any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary,hazardous.or danger,
under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and
his employer. health standards promulgated by the Secretary of Labor by regulation.
B Contract Work Hours and Safety Standards Ad.As used in this pars- (2)The Contractor shall comply with all regulations issued by the
graph.the terms"laborers"and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and
guards. failure to comply may result in imposition of sanctions pursuant to the Con-
(1)Overtime requirements.No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public Law 91-54,83 Slat 96).
for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Article in every
merit of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor.
mechanic in any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any subcontract as
to work in excess of eight hours in any calendar day or in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor
hours in such workweek unless such laborer or mechanic receives corn- shall direct as a means of enforcing such provisions.
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RESOLUTION # 15
BID OPENING: August 7, 1985 BID TABULATION
,a• 10:30 A.M., C.D.S.T.
CONTRACT 85-13
•,r.`. ASPHALT PARKING LOT IMPROVEMENTS & STORM SEWER WORK
it 'If 1 BIDDERS
JIM FISCHER, INC.
NORTHEAST ASPHALT INC.
407 N. Casaloma Drive
P.O. Box 1513
Appleton, WI 54915 Fond du Lac, WI 54935
4 MFR, •
w .
DESCRIPTION UNIT PRICE TOTAL UNIT PRICE 1 TOTAL
, , 1,280 sq.yds. pavement removal,
1 ti per square yard $2.15 j $ 2,880.00 $1.50 $ 1,920.00
,,z • Furnish & install 305 tons crushed stone ---L
a . base course, per ton $4.75 $ 1,448.75 $7.58 $ 2,311.90
* Approx. 245 tons 3" thick bituminous
.;pavement, per ton $32.50 $ 7,962.50 $28.10 $ 6,884.50
~;'' •Approx. 340 lin.ft. std. 30" concrete curb
a :: & gutter, per lin.ft. $10.25 $ 3,485.00 $12.50 $ 4,250.00
Approx. 105 lin.ft. 6" curb section,
'N'`' : per lineal foot $9.50 $ 997.50 $9.00 $ 945.00
fr . Approx. 1,590 sq.ft. 5" concrete sidewalk,
per square foot $1.75 $ 2,782.50 $3.22 $ 5,119.80
* Approx. 190 sq.ft. 6" concrete sidewalk $2.25 $- 427.50 $3.44 $ 653.60
t
& driveway, per sq.ft.
i. Approx. 890 sq.ft. brick pavers, per sq.ft. $5.50 $ 4,895.00 $7.90 $ 7,031.00 T.
. Furnish & install 2 brick retaining walls,
Lump sum $ 6,000.00 $ 5,000.00
0. Excavation & placement of black dirt
1 for planting areas, lump sum $ 600.00 $ 700.00
'' 1.-Construct 5 new standard inlets
as specified, each $550.00 $ 2,750.00 $410.00 $ 2,050.00
•2. Adjust 2 storm manholes as specified,
r each $125.00 $ 250.00 $100.00 $ 200.00
;„ 1• Furnish & install 3.6 vert.ft. std.storm $175.00 $ 630.00 $130.00 $ 468.00
MH in 1 lcc ation, per vert.ft.
. . Furnish & install 135 lin.ft. 8" Inlet
Lead, per lineal foot $ 16.00 $ 2,160.00 $17.00 $ 2,295.00
4
S• Furnish & install 175 lin.ft. 6" Storm
Drain, per lin.ft. • $ 13.50 $ 2,362.50 $16.00 $.2,800.00
�6• Approx. 7 std. light bases, each c
$500.00 $ 3,500.00 $250.00 $ 1,750.00
' RAND TOTAL - ITEMS 1 THROUGH 16 $43,131.25 $44,378.80
'.--
, BEGIN COMPLETE - 45
IN - 10 days after award; days o star
BID BOND/CERTIFIED CHECK BID BOND BID BOND
- 23A -
t- •rn ••;,; ^ „�,`^r+,,+,^.; .;. -6V .•t.iy y't, `Ir b;,
,,.. .,.h' t•r
``4 ht a',4 t' ` '11I1: 'i•e�.5� '�' .ui . .,. . 'Ni ,,. . ty `h -
i
. o■DEL ITYg4,,0 'HI
LNITIED STATES Elila:IL r!;�,_� =4, _t,� ►�aa!� ILIAIR,A\:—Y , • 41- .. irii
(A oc" o`Pony) / 1 -:ij
PERFORMANCE BOND 040), .4985
E;_, Approved by The American Institute of Architects %Tit if .
A. I.A. Document No.A•311 (February 1970 Edition) he/5+
_ ;
BOND NUMBER 46-0120-11227-85—.'
�,-. KNOW ALL MEN BY THESE PRESENTS:
That JIM...FIS.0 tEL.....IN.CA
407 N. Casaloma, Appleton, Wisconsin 54914 as Principal,
hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws
c=; of the State of Maryland, Baltimore, Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto >1,J
CITY OF OSHKOSH, 215 Church Ave. , Oshkosh, WI 54901 ;. z
as Obligee, hereinafter called Owner, in the amount of FORTY—THREE THOUSAND ONE HUNDRED THIRTY—ONE
(_:y AND 25/100 Dollars ($ 43,131.25 )
z for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and 8 I
r _ severally, firmly by these presents.
: WHEREAS„ Contractor has by written agreement dated August 15 19 85 entered into a contract with Owner for
l ASPHALT PARKING LOT IMPROVEMENTS AND STORM SEWER WORK
lr PROJECT NO. 85-13 ;;."_
V-1 in accordance with drawings and specifications prepared by
=''I
1 (Here insert full name, title and address) _1
which contract is by reference made a part !: -
;d hereof, and is hereinafter referred to as the Contract. ,:z;_
,.rn1
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. j;=,
I <?i;1 i::
„i 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 ■
`
'ti! (1) Complete the Contract in accordance with its terms and conditions, or 7.:E•7:'
`,.- (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- 4
3 est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, ,_j
arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a
ji . succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of ;
� completion com I I'`""_:..I p 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 Iliti
It mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by
tom. 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
F.:i Contract falls due. _
1
IN I 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
-.I the heirs,executors,administrators or successors of the Owner. _.
14 AUGUST 85 --:!
it Signed and sealed this 28th day of 19....
In the presence of: JIM FISCHER, INC.
iii:j By (Seal)
,„ (Witness) Principal
6. INITED ST; ES FID- •uD GUARAN MPANY
E ::I
7Zet4-9-11-1-- , .1. Crjr-er--I' -'" ma .- 1--,
(wetness) By ichard J. 6,4 vries, Attorney—in—tact 1
r �, ,1 y
� ........... •t•......,'!.., ....'..,�� S.. •+:...u. ,.. i.!'�•....•.. ..''''",,I,.....ay. r ...1,,,.L. ..,....:4'ts 4. .-.-. ........u.� l.L... ... .. .... ..�..-..-.-.:I
Contract 2 1 1 (2-70) I7^4
..r
::reF.
11 i _
e _
•r� / .cpLITY4,�,,,,\f�
I
7 '1 UNITED STATES FIDEIL'71f i . ._ ARANTY COMPANY .a
,'.3 \\ � 1896 j l_ .,
(A Stock company) `'`'j
LABOR AND MATERIAL PAYMENT BOND
`, Approved by The American Institute of Architects
A. I. A. Document No A-311 (February 1970 Edition) I1:`,
. i KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER 46-0120-11227-85-8
7�
That JIM.FISCHER,..TNG. tt,-
407 N. Casaloma.,..Ap.pleton,..WI. .54914 as Principal,
hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws `„
hereinafter called Suret are held and firmly bound unto i---`' !
of the State of Maryland, Baltimore, Maryland as Surety, y.
"`:: Church Oshkosh, WI 54901
CITY OF OSHKOSH, 215 Churc Ave„, , ,
4 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of. .forty-three. ;
thousand one hundred..thirty-one. and. 25/10.0 Dollars($.43.,1.31..25 ), t-3
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and j
; severally, firmly by these presents.
i-•
WHEREAS,Principal has by written agreement dated August 15, 19 85, entered into a contract with Owner for 1 i
, `',' ASPHALT PARKING LOT IMPROVEMENTS AND STORM SEWER WORK - PROJECT NO. 85-13
in accordance with drawings and specifications prepared by 1 1
(Here insert full name,title and address)
h.
F''' which contract is by reference made a part
;; hereof,and is hereinafter referred to as the Contract.
i-::, 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 I -4
obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: -a
It::- (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, j:;:;
„ or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that
M 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 3
:-':y work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such
Y Y 1 I_._d
):•:: 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.
•
�`.a
(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 ':`1
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
=r 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, --_3
[=:-1- 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, I _
however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation
t shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. I-;-;
(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 � '
F 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 !-_._
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. °?
•"N:: Signed and sealed this 28th day of AUGUST , 19.85. _-
,, JIM FISCHER, INC,
By (Seal)
(Witness) Principal ::::,:.,:::::::;14.
j:: N_,,;/.TATS At Y ND ARANTY COMPANY `:::•(Witness) Ric.and J. 'Ties, ttorney-in-tact 1:„. 1
F. This bond is issued simultaneously with performance bond in favor of the Owner conditioned on the ful faithful performance of the Contract.
Contract 211-A (2.70) a „,.
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 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 whatsoeveext$eX,
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.....8xuce
Assistant Secretary.
STATE OF MARYLAND.
56:
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 I
Set.
BALTIMORE CITY,
I, Saundra E . Banks ,Clerk of the Circuit Court for Baltimore City,which Court is a
Court of Record, and has a sea], 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 1 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 day of April ,A.D. 1985
(SEAL) (Signed) Saundra E . Banks
. ...... .... .. .
Clerk of the Circuit Court for Baltimore City.
FS 3(1-83) 77o
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 scone, 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 other\ ke, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded
for the security or prote. in 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.
I, Theodore G . Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to 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
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 August 28, 1985
(Date)
kqed144$4644.■*044047.
Assistant Secretary.
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(A toc'Co pony) `•
[y`' PERFORMANCE BOND 01.7/73, 1 gas
'- c
i ', Approved by The American Institute of Architects k0 CLe•4k
"j A. I.A. Document No.A-311 (February 1970 Edition) f'4
I::: BOND NUMBER 46-0120-11 :5
kf.j
KNOW ALL MEN BY THESE PRESENTS:
1,4.. That JIM FISCHER, INC. .
I ' 407 N. Casaloma, Appleton, Wisconsin 54914 as Principal,
hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws y.i",•,'
of the State of Maryland, Baltimore, Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto ''
1:
CITY OF OSHKOSH, 215 Church Ave. , Oshkosh, WI 54901 '''''
--•1 as Obligee, hereinafter called Owner, in the amount of FORTY-THREE THOUSAND ONE HUNDRED THIRTY-ONE I
:
c:_ I AND 25/100 43,131.25($ 43,131.25 )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
__.j' severally, firmly by these presents.
E:
'" „WHEREAS Contractor has by written agreement dated August 15, 19 85 entered into a contract with Owner for
II ASPHALT PARKING LOT IMPROVEMENTS AND STORM SEWER WORK
r.:5' PROJECT NO 85-13
V in accordance with drawings and specifications prepared by ',"li
(0,3 (Here insert full name, title and address) ikc'jl
ll
, which contract is by reference made a part
hereof, and is hereinafter referred to as the Contract.
re NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform °a
1€-'" said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
II;;;, The Surety hereby waives notice of any alteration or extension of time made by the Owner.
--'.I 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 deault, or sha promptly -
` f ll(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-
1 1 est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, -.ra
IL,-i 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 -
f ' ', 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. I:?I
"<:; Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the
F-iii Contract falls due.
. 'i' 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. `-z-
,1
r t 85 :
Signed and sealed this 28th day of AUGUST
19....
`j In the presence of: JIM FISCHER, INC.
I!,,; By (Seal)
(witness) Principal 1 -,.?{
-s ED ST'i. FIDE�i ! GUARAN COMPANY
��_:_ �� . . .r..(Witness) y � , s:
B .Richard...J. y- (Seal)rues, Attorney-in-tact
,7:7'
Contract 21 1 (2-70) ,.
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16...,-; UNITED STATES IFFIEL-7,;(0,157- I AP,ANTY COMPANY '1
fEf; - 1!:# - -..p! 1
(A Stock company) ` ;i,
LABOR AND MATERIAL PAYMENT BOND r'''
Approved by The American Institute of Architects
a
;,.i A. I.A. Document No A-311 (February 1970 Edition)
• KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER 46-0120-11227-85—$ �-:
-y That JIM. .FISCHER, INC. -=-
rte
�_ 407 N. Casaloma,.Apple.ton,..WI. ..5.49.14 as Principal, I 7:332:11 :',7:',''',1:1,
,
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 OP OSHKOSH., .215..Church.Ave.. ,. .Oshkosh,. WI.5.4901
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of....fo..rty-.three
thousand. one. hundred.thirty-one.and 25/100. ..Dollars($.43,.13.1..25 ), Ir°'
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
::1,..! severally,firmly by these presents.
F WHEREAS, Principal has by written agreement dated August 15, 19 85, entered into a contract with Owner for -..:::
ASPHALT PARKING LOT IMPROVEMENTS AND STORM SEWER WORK - PROJECT NO. 85-13 �
in accordance with drawings and specifications prepared by I
c._ 1 (Here insert full name, title and address) ,
F ' Ir' l
which contract is by reference made a part
hereof, and is hereinafter referred to as the Contract.
[,z,,7!-'
,- 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 f"'
obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: _=i
:' , (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,
i;; 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. I =..-_::::1
j (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 `=
l claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The '
P J g Y 1 Y � :��
Iv Owner shall not be liable for the payment of any costs or expenses of any such suit.
-a (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
,;!:-7,:"`
"" performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope
-tea addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, MCI
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
E�?' shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
-4((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 l''":
,., thereof, is situated, and not elsewhere. _.
i'-: (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 L._`:
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. ; -3
iii. P g
k Signed and sealed this 28th day of AUGUST , 19 85
:.::.],,,,,;j, JIM FISCHER., .INC.
By (Seal)
:-,-14
(Witness) Principal
• U I/c•TATES 1 li V ANTY COMPANY
�iLAl!LC..-, , . . ...critt.�1,4L By...! . vi1p - (Seal) _
.!' itnessy Ric 'rd J tries, Attorney-in-fact
l""` This bond is issued simultaneously with performance bond in favor Of the Owner conditioned on the fu •.faithful performance of the Contract.
Contract 211-A (2-70) 0 .
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 , stateof Wisconsin
its true and lawful attorneys in and for the State of 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 whatsoevetXtNeXAX
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 19 th day of
April ,A. D. 1985
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By Charles D . Zimmerman , III
Vice-President.
(SEAL)
(Signed) ..Bobe.x.t..G.....axuce
Assistant Secretary.
STATE OF MARYLAND,
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. 19 86
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 day of April ,A.D. 1985
(SEAL) (Signed) Saundra E . Banks
Clerk of the Circuit Court for Baltimore City.
FS 3(1-83)
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 others i=e, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded
for the security or prote, m 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.
I, Theodore G . Parks ,an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to 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
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 August 28, 1985
(Date)
1/4.A.4911161CA7),A,4".'.
Assistant Secretary.
.xis ,-•,s:�^x,'T;;,•.,, ,skik
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s:
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�U\IT E D ���A� IE� IFII�IEIL � ARA � Y 'Ir •
\ IB 9 ,
(A Toe, 0 pang) SEA, ,.x.2
PERFORMANCE BOND 1 /985.
�' Approved by The American Institute of Architects CS!�.1 c'
A. I.A. Document No.A-311(February 1970 Edition) ifOSJf it
j 46-0120-11227-8 - Is•
BOND NUMBER
:.' KNOW ALL MEN BY THESE PRESENTS:
' 'I That JIM FISCHER, INC.
407 N. Casaloma, Appleton, Wisconsin 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 i} I
CITY OF OSHKOSH, 215 Church Ave. , Oshkosh, WI 54901
''=' FORTY-THREE THOUSAND ONE HUNDRED THIRTY-ONE ',
r::. as Obligee, hereinafter called Owner, in the amount of ,;;t
[. AND 25/100 43,131.25 ,..f.-.,
MI Dollars ($ ),
ii::;'. for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
; severally, firmly by these presents. _
r`
°:"i WHEREAS,, Contractor has by written agreement dated August 15, 19 85 entered into a contract with Owner for
:1 ASPHALT PARKING LOT IMPROVEMENTS AND STORM SEWER WORK
i PROJECT NO. 85-13
CF in accordance with drawings and specifications prepared by
(Here insert full name, title and address) t
i`..:. , which contract is by reference made a part ..
I Es<
rk h' 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 i1
r-�_ i' said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. teit]
E " The Surety hereby waives notice of any alteration or extension of time made by the Owner. II"-..I
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations 1g '
-,-`.,I thereunder, the Surety may promptly remedy the default, or shall promptly L
r (1) Complete the Contract in accordance with its terms and conditions, or
P F�3`
(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, ,I
j 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 I; i,
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 ='-j
F ' 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 `„`3I
E_' Contract falls due. _: i
'"';i 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 "";'
e-:-j' the heirs, executors, administrators or successors of the Owner.
If-j!
F. 28th
r. Signed and sealed this day of AUGUST , 19 ..
In the presence of: JIM FISCHER, INC. 1
E :;
=1
111 By (Seal)
"; (Witness) Principal ,,,
',,,
A 1 NITER S t' ES FID ND GUAR TY COMPANY j ..:.,:,
1,_,
,,,, (Witness) A� 0.41� ...�r.
By -_ ar;...J : c rise, -Attorn*y-i 0�lct j
- -,+�- - — ;I
Contract 2 1 1 (2-70)
`its" '.w'',' �:;, A b.. .i x l . ..
. ":i., ..1.!.,__.,�..4 �Se ...y'11 ;S ..- su�s�;;�:: GSs:,.i' ._:._•i _.4.�....��...-�.....�.. _ -- _ _ s
�UNITED STATES EQD " �AANTY COMPANY r,
(A Stock Company)
4 LABOR AND MATERIAL PAYMENT BOND
s s; Approved by The American Institute of Architects j
• A. I.A. Document No.A-311 (February 1970 Edition)
[t:14 22 -85-8 4b-0120-11 7 BOND NUMBER -T ESE PRESENTS:KNOW ALL MEN BY THESE
,,,_a That JLM..FISCHER.,..INC.
407 N. Casaloaa,.Apple.ton,..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, M ar Maryland as Suret Y.
hereinafter called Surety,
are hel d an d
firml y
bound unto
I
CITY F
OSHKOSH, 215 Church Ave. , Oshkosh, WI 54901
fiE
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of forty—three
thousand one hundred thirty—one And 25/100 Dollars($ 43,131.25 ), jr=V'
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and ::i
`' severally,firmly by these presents. _-
▪{ WHEREAS, Principal has by written agreement dated August 15, 19 85, entered into a contract with Owner for -;jl
? ASPHALT PARKING LOT IMPROV) NTS AND STORM SEWER WORK - PROJECT NO. 85-13
k -I
in accordance with drawings and specifications prepared by
•.I (Here insert full name,title and address) 1)
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 i:`7
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this I`'= 1
I IL obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: _,
c:: (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, ); I
r.:::. g P p
t or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that 1
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 F: :
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
Ps Owner shall not be liable for the payment of any costs or expenses of any such suit. (``1
-a (3) No suit or action shall be commenced hereunder by any claimant,
It-
(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the 1I';;
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
EE� addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, t=
,' 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
E `i shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. ; ;;
r (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.
E- (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
of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the
;f, amount of such lien be presented under and against this bond. �°'.:
Signed d sealed this 28th day of AUGUST , 19.05 --
r`«: JIM FISCHER, INC.
k...--:
By (Seal) :?
(Witness) Principal
E�: U ',STAT `�y AN' GUARANTY COMPANY
F
r ,
2//a21:-.C../ ,.. . . .. By R c' and J U r ties, Attor to -in-((,��
(Wi ess) Ct
F;:. This bond is issued simultaneously with performance bond in favor of the Owner conditioned on the ful and faithful performance of the Contract. I'`'=`-'
Contract 211-A (2-70) o °
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 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 whatsoeverXt1P
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) ..Bolae.x.t..G.....Bruce
Assistant Secretary.
STATE OF MARYLAND,
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 day of April ,A.D. 198 5
(SEAL) (Signed) Saundra E . Banks
Clerk of the Circuit Court for Baltimore City.
„�.
FS 3(1-83)
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 others ise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded
for the security or protc, nn 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.
I, Theodore G . Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to 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
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 August 28, 1985
(Date)
1/41X4407g7)011,100047./
Assistant Secretary.