HomeMy WebLinkAboutPW CNT 83-12/John Skotzke Concrete •
CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 6th day of September , 1981 ,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and JOHN SKOTZKE CONCRETE CONSTRUCTION
of 8210 Highway 45, Neenah,/ WI 54956
party of the second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH: That the City and the Contractor, for the
considerations 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. 83-12
for repair of sidewalks, pursuant to Resolution #6 adopted by the
Oshkosh Common Council on September 1, 1983,
all in accordance and in strict compliance with the contractor's
proposal and the other contract documents referred to in ARTICLE V
of this contract.
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 $ 45,270 75 , adjusted by
any changes as provided in fhe General Conditions , or any
changes hereafter mutually agreed upon in writing by the parties
hereto, provided, however, in the event the proposal and contract
documents are on a "Unit Price" basis , the above mentioned figure
is an estimated figure, and the City shall , in such cases , pay
to the Contractor for the 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
enumerated above shall govern over any other component part which
follows it numerically except as may be otherwise specifically stated .
IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word
"Contractor" wherever used in this contract means the party of the
second part and its/his/their legal representatives , successors and
assigns .
- 2 -
,
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this
contract to be sealed with its corporate seal and to be subscribed to by its
City Manager and City Clerk and countersigned by the Comptroller of said City,
and the party of the second part her hereunto set its, his or their hand and
seal the day and year first above written.
In the prisence of: r� * a
�`� yTOHN SKOTZKE CarliPI te OCONSTRUC ION
` / i!
specify Title)
(Seal of Contractor
if a Corporation) By:
(Specify Title)
CITY OF OSHKO.
By: //krILLIAM D. FRUEH,, Ity Manager
A L ..-6-7 distrao. _ \j By: A fir 4
DONNA C. LUEBKE , City Clerk
I certify that provisions have been made to
pay the liability that will accrue to the
City o } Oshkosh under the within contract. (Seal of City)
EDWARD A. NOKES, City Comptroller
Approved as to form)'
Tom W. Ahrens, Asst. City Attorney
3 -
Bond No.
Fidelity and Deposit Company
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 779.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO.
KNOW ALL MEN BY THESE PRESENTS:
That JOHN SKOTZKE CONCRETE CONSTRUCTION, INC . AND JOHN SKOTZKE A
(Here insert name and address or legal title of the Contractor)1igli -ay 45-..--Ne.e.nah-,---.W.z.--S-4_1.�-ft
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------CI-TY---OF---4S KOS-H- - -OS-H-K-O-SH- ----W-I-SC NN-S-IN
(Name and address or le-gal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount
of..-.FORTY FIVE THOUSAND TWO HUNDRED SEVENTY AND 75/100
Dollars ($ 4 5 , 2 7 0 . 7 5)
(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 Sept . 6 19 8 3 , entered into a
contract with Owner for P-U-BLI.C----WDRKS----CANT-RA-CT---N0_--23--1-2 — Rep ir_---af.-. ide alk s
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 779.14, 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
enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus,
tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes,
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 779.14,
Wisconsin Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every
person entitled thereto for all clainis 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 d day of-------5 a p-t-_mb e x , 19$3--..
In the presence oj: JOHN SKOTZKE CONCRETE CONSTRUCTION, INC .
AND JOHN SKOTZ E, A JOINT VENTURE
By- --- -0 t / r a(SEAL)
Witness Tit o n zar-
FIDELITY AND D 'e IT CO ' ' IF MARYLAND
Surety
` ' ��<� ."t/ ' (SEAL)
' Witness e: Fern Scheer — ttorl ey—a Fact
Approved by*
In the presence oj:
CITY OF 0 KOSH
t
Owner
(SEAL)
Witness mu : William D. Frueh, City Manager
*This bond shall be approved in the case of the state by the state official authorized to enter such contract,
of a county by its district attorney, of a city by its mayor, of a village by its president,of a town by its chair-
man,of a school district by the director or president and of any other public board or body by the presiding
officer thereof.
C.3018(WI)-500,6-82 215523
Public Improvement Performance/Labor-Material Bond
Wis.AlA 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 corporation of the
State of Maryland, by C. 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 Company,which
reads as follows:
"The Chairman of the Board,or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or 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 Secretary
or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents 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 judgements,decrees,mortgages and instruments in the nature of
mortgages,... and to affix the seal of the Company thereto."
does hereby nominate constitute and appoint John H. Kane, Fern Scheer and Michael J. McClone,
all of Menasha, Wisconsin, EACH
Rs true and lawful 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
n i 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 J. W. Garvey, etal, dated,
July 29, 1981 . -
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 25th day
of Jan!.uary , A.D. 19--$ --.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
SEAL) e (K
W m
a .o
By 6445:444°
Assistant Secretary Vice-President
STATE OF MARYLAND
CITY OF BALTIMORE l SS:
On this 25th day of January ,A.D.19 83 ,before the subscriber,a Notazy Public of the State of Maryland,in
and 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,tome 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,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year first above written.
J. 4
• Notary u tc " sion
o CERTIFICATE
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 specially 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 22nd day
of Sep.tA*V1b e ,198 3
/111111K
Lt4zs.—Of. 1844489 Assistant Secretary
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