HomeMy WebLinkAboutL. G. Kienast Utility Construction A G R E E M E N T
THIS AGREEMENT made and entered into this /, day of December . 1%2
by and between L. G. KIENAST UTILITY CONST. of
765 North Washburn Street, Oshkosh, WI 54901 , party of the first part, and the
CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin,
hereinafter referred to as the "City", and party of the second part.
WITNESSETH:
WHEREAS, the Common Council of the City of Oshkosh by resolution duly
adopted on the 2nd day of December , 19 82 , accepted the bid of the first
party and authorized and directed the proper City officials to enter into an agree-
ment with the party of the first part for:
rental for Street Department for snow removal from award of this contract
through April, 1983
Bid: $24.90/hour
according to the specifications and bid for same on file in the office of the City
Clerk.
NOW, THEREFORE, pursuant to said resolution of the Common Council of the
City of Oshkosh, the parties hereto agree as follows:
1 . That the party of the first part will furnish same to the City, all in
accordance with the specifications and bid on file in the office of the City Clerk.
2. That no assignment of this agreement or of any rights thereunder by
said party of the first part, shall be valid without the written consent of the City;
and that this document including the specifications and bid , constitutes the entire
agreement between the parties hereto and that any understanding either oral or written,
not a part hereof shall not be binding on either party.
3. That in consideration thereof, the City will pay to the first party
the sum of $ 24.90/hr. , upon presentation of a proper voucher, and
delivery and acceptance by the City in conformity on said specifications and bid.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed by the proper officers of each party and their corporate seals to be hereunto
affixed all on the day and year first above written; then if first party is a cor-
poration of partnership, the signing of this agreement shall constitute a warranty by
the person(s) so signing the proper authority so to do.
In the presence of: L. G. KIENAST UTILITY CONST.
By: ~ ✓-ti /(.�&2 '-
Signature of sole proprietor, or name
or corporation or partnership
President or Partner
Secretary
CITY OF OS OSH
LLIAM D. FRUEH, C'ty Manager
l•T r � .'�� --
BY: / e / l (.h
`0 - - u " , pity—Clerk
I hereby certify that the necessary
provisions have been made to pay the
Approved as to form liability that will accrue under this
// contract:
:671K 19/44A-- ?gi_:6„o ko-L
EDWARD A. NOKES, City Comptroller
TOM W. AHRENS, Asst. City Attorney
Fidelity and Deposit Company p
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
Public Improvement
Performance/Labor and Material
Payment Bond
THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
TO SECTION 289.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO.
KNOW ALL MEN BY THESE PRESENTS:
That LuVern Kienast d/b/a L. G. Utility Construction Co.,
765N. Wa shburY er$ 1 d inuirailtroessMle ITT Oylr9
as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation
of the State of Maryland, with its Home Office in the City of Baltimore, Maryland, and duly authorized and
licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly
bound unto City of Oshkosh? Oshkosh, Wisconsin
(Name and address or legal title of Owner)
as Obligee,hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount
of..____ Ten thousand and no/l00
Dollars ($10_,000.20___),
(Here insert a sum at least equal to the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc-
cessors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated 19 , entered into a
contract with Owner for Trek rental for snow removal,
in accordance with drawings and specifications prepared by
(Here insert full name,title and address)
which contract is by reference made a part hereof and is required by Section 289.14, Wisconsin Statutes,
to contain in substance the following provision:
The Contractor shall pay all claims for labor performed and materials furnished, used or consumed in
making the public improvement or performing the public work, including, without limitation because of
specific enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, ap-
paratus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, premiums
for workmen's compensation insurance and contributions for unemployment compensation.
The said written agreement, drawings, specifications and amendments are hereinafter referred to as the
Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 289.14,
Wisconsin Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every
person entitled thereto for all claims for labor performed and materials furnished under the Contract, to be
used or consumed in making the public improvement or performing the public work as provided in the Con-
tract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject,
however, to the following conditions:
(1) No assignment, modification or change of the Contract, or change in the work covered thereby,
or any extension of time for the completion of the Contract shall release the sureties on the bond.
(2) Not later than one year after the completion of work under the Contract, any party in interest
may maintain an action in his own name against the Principal and the Surety upon this bond for the
recovery of any damages he may have sustained by reason of the failure of the Principal to comply with
the Contract or with the Contract between the Principal and his subcontractors. If the amount realized
on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the
parties pro rata.
Signed and sealed this 13th day of fenember , 19_82 .
In the presence of: L. G. Utility Construction Co.
Principal
(SEAL)
Witness Titre:
FIDELITY AND DEPOSIT:CO ANY OF MARYLAND
/ S
rely
-`t ?mac C C—eke e=-., By t`' ___- .. (SEAL)
Witness Title: Attorne -in-fact & Agent
y g
Approved by*
In the presence of:
Owner
By (SEAL)
Witness Title:
*This bond shall be approved in the case of the state by the governor, of a county by its district attorney,
of a city by its mayor,of a village by its president,of a town by its chairman,of a school district by the director
or president and of any other public board or body by the presiding officer thereof.
C3018(WI)-2M,6-77 203579
Formerly Wis3018b
Public Improvement Performance/Labor-Material Bond
Wis.AIA Doc.Wis.A312 Jan.1969 Ed.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by C o M, PECOT, JR_ , Vice-President, and C. W. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Corn
pany, which reads as follows:
"The President,or any one of the Executive Vice-Presidents,or any one of the additional Vice-Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant
Secretaries and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on
behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and
assignments of judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu-
ments which the business of the Company may require,and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint Russell. M. Monroe and Robert A. Nadoiske, both
of Oshkosh, Wisconsin, EACH. 00 . 1, 0 " ." 0E0V00 060000 “00670600000 _._
1 s rue an' awful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings, each in a penal ty not
to exceed the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000). .
• no t e execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said
Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of Russell M. Monroe, dated
April 24, 1974.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of
said Company,and is now in force
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
7th day of Julie , A.D. 19__77._____
apaD DEPDS,TS FIDELITY AND DEPOSIT COMPANY OF MARYLAND
.:gi 9 ATTEST: n
X= -re 7
'•w,a. ,.a-
By
Assistant Secretary Vice-President
STATE OF MARYLAND l SS:
CITY OF BALTIMORE J
On this t}� day of June , A.D. 19`7`7 before the subscriber, a Notary Public of the State of
Maryland,in 7 dd for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described
in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,
severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, („have hereunto set my hand and affixed my Official Seal,at the Cit of Baltimore,the day and year
first above written. ;�y\�joA.T 9°' �ry // 47-A4"-(Aa r pOTARY'N' /
. Notary Public Commission Expires__JJ _:i._,__.-19_76
• PUBL\C/4,:
�.,,�RE , CERTIFICATE
aunuaa,
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original
Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I
do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be
valid and binding upon the Company with the same force and effect as though manually affixed.”
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
day of 412 --r�n—ti C-t , 19__r c -
•
Assistan Secretary
L14I9Ctf,-1M,9-81 21d0R1P SPROTECTION LOOK FOR THE F&D WATERMARK
PROPOSAL
RENTAL OF TRUCKS FOR SNOW REMOVAL
We, the undersigned, propose to rent trucks for snow removal
to the City of Oshkosh Street Division, during the winter
season from award of this contract through April , 1983 in
accordance with the specifications, for the following hourly
rates :
Truck rental (including driver's wage) $ xmay $24.90
Per hour per truck
List and describe the trucks that will be available for rental
to the City, as needed, in the above period, for snow removal.
Year Make Capacity
TRUCKS Ford 1974 20 yds
Ford 1972 25 "
•
L. G. Kienast Utility Const.
Name of Company
SUBMITTED BY: • /
'ame and ti le o person making
out the bid.
j` U . 1982 765 N. Washburn R . Oshkosh ?tis 54901 5-1
Date. Address of Company
•
December 2, 1982 # 8
RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN
PURPOSE: TRUCK RENTAL - STREET DEPARTMENT FOR SNOW REMOVAL
FROM AWARD OF THIS CONTRACT THROUGH APRIL 1983
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh has heretofore advertised for bids for truck
rental for Street Department for snow removal from award of this contract through
April, 1983, and
WHEREAS, upon the opening and tabulation of bids, it appears that the
followi, : is the lowest and most advantageous bid:
7
GUST CO. OF OSHKOSH, INC.
2300 Algoma Blvd.
Oshkosh, WI 54901 BID: $24.00/hour
Alternate: JEFF FOUST EXCAVATING
563 Boyd Street
Oshkosh, WI 54901 BID: $24.00/hour
`itieraate":
L. G. KIENAST UTILITY CONST. •
765 North Washburn Street
,Oshkosh, WI 54901 BID: $24.90/hour
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the said bid is hereby accepted and the proper City officials
are hereby authorized and directed to enter into an appropriate agreement
for the purpose of same, all according to plans, specifications, and bid on
file. Money for this purpose is hereby appropriated from Account No. 043-
540, Streets-General, Sidewalks, Snow Removal.
' t
8