HomeMy WebLinkAboutPW CNT 84-13/Jim Fischer CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 20th day of July, 1984, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY, and JIM FISCHER, INC., 407 North Casaloma
Drive, Appleton, Wis. 54911, party of the second part, hereinafter
referred to as the CONTRACTOR,
WITNESSETH: That the City and the Contractor, for the
consideration hereinafter named, agree as follows:
ARTICLE I . SCOPE OF WORK
The Contractor hereby agrees to furnish all of the materials and
all of the equipment and labor necessary, and to perform all of the
work shown on the plans and described in the specifications for the
project entitled or described as follows:
Public Works Contract No. 84-13, for sidewalks, pursuant to Resolution
#8 adopted by the Common Council of the City of Oshkosh on July 19,
1984 ,
all in accordance and in strict compliance with the Contractor's
proposal and the other contract documens referred to in ARTICLE V of
this contract.
ARTICLE II . TIME OF COMPLETION
The work to be performed under this contract shall be commenced
and the work completed within the time limits specified in the General
Conditions and/or Contractor's proposal.
ARTICLE III . PAYMENT
(a) The Contract Sum.
The City shall pay to the Contractor for the performance of the
contract the sum of $175,375.00, adjusted by any changes as
provided in the General Conditions, or any changes hereafter
mutually agreed upon in writing by the parties hereto, provided,
however, in the event the proposal and contract documents are on
a "Unit Price" basis, the above mentioned figure is an estimated
1
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.
2
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 .
* , ,n/ K/ A?/ , e'rZt _ .
./ By:
(Seal of Contractor ,X`'
if a Corporation ) (Specify Title) /
By: 22/2 , �.(..., , /<
X/c c , C-ta , 7r1 . cc-.-_
(Specify Title)
CITY OF OSHKOSH
Pte.'' -- -( 4--4--"( By:
( William D. Frueh, City Manager
,)_, {/ 7,-,: And
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.
.'C.'`-4._ :Y.. `-t,' ‘ 1\fit ..�...- �A ���er
Edward A. Nokes , City Comptroller ,. #
A proved as fo m: .. O
Warren P. Kraft, `Asst ity Attorney
3
S : STOPS AT ARROWS
• • • • • • • •
3 Q All l lI '.S RTIF TFr R
,.ki THIS CERTIFICATE tS ISSU£ S AT' SFr, 1 1�z , 1 �., HO
S:::7 . THS;EERTIFlCA .P9 1' w '.., ' .: �, .''x. L zzr^.^-s: c:a, ?a4.-.-i. Wiz . -,�U",, „ .>�!. ; , , ...t.. , ,
_'COMPANIES AFFOFfOINC k OVf RA( ES
Zuelzke Insurance
214 N. Superior St. >, , ,
Appleton, WI 54911 /A United States Fire Ins. Co.
' -'.'''' B ±'he North River Ins. Co.
NAME AND ADDRE SS of ,N IRE.
AIDD Westchester Fire Ins. Co.
Jim Fischer, Inc. —407 N. Casaloma Dr. TMPAN t D
Appleton, WI 54914 -- — - - -
COMPANY E
IETTER
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition
of any contract or other document with respect to which this certificate may be issued 0 may pertain, the insurance afforded by the policies described herein is subject to all the
terms,exclusions and conditions of such policies
Limits of Liability in Thousands(000)
i �,
...�r. L JMF ANY t 1Y PI -F INSURANCE F' [ . iNY. l� F 7 q
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R
GENERAL LIABILITY 1,000! 1,DOQ
k 540-5819787 1-23-85 B(,DII Y INJ RY $
COMPRF HFNSIVF FORM
® 500H11,000 1
, PREMISES OPF Rn IUNti ��-': A� C ' $
ExPLAZAR..tiION AND ;L_APSE
HD ! ";
® UNDER(UNDERGROUND HAZARD - -_.._. .—.___-_-.— -_._....___-
• ® Fi20DUCTS'COMPLETED ( f.
OPERATIONS HAZARD I PODIt.Y'NJURY AND
®CONTRACTUAL INSURANCE PROPERTY DAMAGE s $ $
BROAD FORM PROPE RI-'I I L OMBINED ^-•
DAMAGE
IX INDEPENDENT CONTRA(TORS I
—
® Pi RSONAL INJURY $
j RSONAL INJURY
N
f AUTOMOBILE LIABILITY ACTH PERSON $
e By� ry
y7 ljJ COEdRREHENS NE FORM 1-23_85 BODILY INJURY $
,EACH ACCIDENT!
OWNED • , — 1
•
e HIRED _Pay R A E,AMAGE $ --
BODE_ INJ RY AND
I NON OJvNEC' 'POPE4EY DAMAGE
_ i -- -- — r INE.
EXCESS LIABILITY I
,
POD L. N!L;PL AND
' Li UMBRE-LA FORM „P Gt,7 DAMAGE_ $ $
LiOTHER THAN UMBRELLA ErH�r< T
,�'( EOPM
WORKERS'COMPENSATION ;ATutoRy
C and 408•329232 1-23-85 .,
EMPLOYERS'LIABILITY
$100
OTHER
0 G
,M6 1;
DESCRIPTION OF OPERATIONS/LOCATIONSNER CLES
1 Premises, operations, fleet of vehicles and workers compensation, i.
State of Wisconsin. ,
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Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com
pany will endeavor to mail _1 days written notice to the below named certificate holder, out failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
Certificate in regards to Public Works Contract #84-13.
NAME AND ADDRESS OFCEERRTIFICATEE HHOLDER July Qd
City of Oshkosh
DATE ISSUED July 25, 1984.
P.O. Box 1134 / l/:._
Oshkosh, WI 54902 �- � �
AUTHO' J'4 Rr'ESENTATIVE
Dona '` -1 zke
ACORD 25(1-79)
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STA IFIIDEILII 7 IUARANT COMPANY l3 A
1.K,'.
(A Moe Co#pany)
-r Ali
PERFORMANCE BOND
Approved by The American Institute of Architects
A. I.A. Document No.A-311(February 1970 Edition)
BOND NUMBER
.' KNOW ALL MEN BY THESE PRESENTS: I
.:
,:
That JIM FISCHER,. INC. t 'i
407 N. Casaloma, Appleton, Wisconsin 54914 as Principal, k'"
i• hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws
∎[`s,. of the State of Maryland, Baltimore, Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF OSHKOSH, P. 0. BOX 1130, OSHKOSH, WISCONSIN 54902 r
as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED SEVENTY—FIVE THOUSAND THREE .
HUNDRED SEVENTY—FIVE DOLLARS AND NO/100 Dollars ($ 175,375.00 )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS,. Contractor has by written agreement dated JULY 20, 1984 entered into a contract with Owner for
SIDEWALK CONSTRUCTION
PUBLIC WORKS CONTRACT NO. 84-13 k-
in accordance with drawings and specifications prepared by (Here insert full name,title and address)
, which contract is by reference made a part i
. 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
•:y said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. ``,
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
-j'
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 C:-j
(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- i's?
est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, ,:•<
arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall
mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by
Owner to Contractor. r:a
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the
Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or
the heirs,executors,administrators or successors of the Owner.
JULY 84
---1 Signed and sealed this 25th day of , 19 : '
In the ence of: JIM FISCHER, INC.
:a
(A-2,-1_} c z t �_�� By— -Gt / may .,.... .. .S.(.7. —..., (Seal)
Principal
' fitness) _UNITED STATES FID ITY AND GUARANTY COMPANY
, ' i-1--e-ce,-),-) 1 , / 1,5)4./2,-va ey , ,
<i /,,/ (witness) By f,. 7U.. "V: (Seal)
Attorney-in-fact
Contract 2 1 1 (2-70) `...
ii_ s ''.,... ' ,..-_ !%_ - -.A,.t lay 'S'
�_�� may,_�
UNITED STATES FIDELI .1 ,Ls: UARANTY COMPANY ,�„,'
w Ir
(A Stock Company)
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
:a
` A. I.A.Document No.A-311 (February 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER
3
k
That JIM.F.ISCHER,..INC.. i'
l�:r�
407 N. Casaloma„ Appleton, Wisconsin as Principal, _:,?!,
. hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws
of the State of Maryland, Baltimore, Maryland as Surety, hereinafter called Surety, are held and firmly bound unto
E<.; CITY OF OSHKOSH
,F„I', as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED
;_._j SEVENTY—FIVE THOUSAND THREE HUNDRED SEVENTY—FIVE AND NO/100 Dollars($ 175,375.00 )
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
"I1 severally,firmly by these presents.
WHEREAS,Principal has by written agreement dated JULY 20, 1P 4 , entered into a contract with Owner for
=a SIDEWALK CONSTRUCTION — PUBLIC WORKS CONTRACT NO. 84-13 j
in accordance with drawings and specifications prepared by
(Here Insert full name, title and address) ;
�'I
i which contract is by reference made a part .
l 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
- obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: ``
(1) A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, `--
.,I or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that �:.:?i.
r part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. k
(2) The above-named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who 3
! _+ 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 k
work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such
claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The
Owner shall not be liable for the payment of any costs or expenses of any such suit. 1
(3) No suit or action shall be commenced hereunder by any claimant,
i:: (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 C..
k-'<I last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy .:
E°. 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 'F.::i.
�, performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope L.
L ,
addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business,
or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that
such service need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood,
however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation
shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. ,,
(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the r
:. 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. JULY 84
.y' 25th day of , 19....
Signed and sealed this
'::1-
lz FISCHER...INC .‘
2 _
i �-.4 y \� . �� By ya , �
—C-
t_ (Seal)
i (Witn )., Principal
ITED_STATES FIDELITY GU ANTY COMPANY
�1
_ /2-62-��Z11°ti - / (Seal)<� rJ ,f By . ��✓ �.
iy I (witness) U Attorney—in—fact
,i
li This bond is issued simultaneously with performance bond in favor of the Owner conditioned on the full and faithful perfo ante of the Contract
Contract 211-A (2-70) O
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No 93246
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 , Richard A.
Stack, John D. Van Groll, Mary M. VandenBurgt, Vione L. Eberly and
Dennis W. Gillespie
of the City of Appleton State of Wisconsin
its true and lawful attorney s 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 whatsoeverXIMIedC
anyone of the said Alvin C. Braun, Jr. and the said John M. Lundquist
and the said Timothy R. Nickels and the said Richard A. Stack and the
said John D. Van Groll and the said Mary M. VandenBurgt and the said
Vione L. Eberly and the said Dennis W. Gillespie
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 25th day of
June ,A.D.19 82
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By Cl aylgs B, Wgt$o4
Vice-President.
(SEAL)
(Signed) W. B. M. Hingele7
Assistant Secretary.
STATE OF MARYLAND, }
es:
BALTIMORE CITY,
On this 25th flat of June • • ,A.D.1s62 ,before me personally came
Charles B.- Watson - ,Vice-President-of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and W. B M. H i n g e l e y ,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 B. Watson
and W• B. M. H inge l e y 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.ft�+. Hurst
Margaret M.
(SEAL) (Signed)
Notary Public.
STATE OF MARYLAND
BALTIMORE CITY,
Charles W. Mackey, Jr. , Clerk of the Superior Court of 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 l'estirnony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City,the same being a Court
of Record,this 25th day of June ,A.D.198 2
(SEAL) (Signed) Charles W. Mackey, Jr.
Clerk of the Superior Court of Baltimore City.
FE 3 (1241) "7•`
COPY OF RESOLUTION
That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland,and in the Territories of the United States and in the Provinces
and territories of Canada;
Therefore, be it Resolved, that this Company do,and it hereby does, authorize and empower its President or either of its Vice-
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal,to appoint any person or persons
as attorney or attorneys-in-fact,or agent or agents of said Company,in its name and as its act, to execute and deliver any and all contracts
guaranteeing the fidelity of persons holding positions of public or private trust,,guaranteeing the performances of contracts other than
insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law
allowed,and
Also,in its name and as its attorney or attorneys-in-fact,or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or
territories of Canada,or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer,
local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given,tendered, accepted,filed or recorded
for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or
organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which
may be provided for in any such bond,recognizance, obligation,stipulation,or undertaking,or anything in the nature of either of the same.
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, Richard A. Stack,
John D. Van Groll, Mary M. VandenBurgt, Vione L. Eberly and Dennis W. Gillespie
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 July 25, 1984
(Date)
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