HomeMy WebLinkAboutPW CNT 83-14/Donald Hietpas & Sons CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 7th day of October , 19 83 ,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and DONALD HIETPAS & SONS INC.
of P. 0. Rox 166, T,i_tt_te_c1ie. WI 54140 2
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. 83-14
for water main construction pursuant to Resolution #16 adopted by the Oshkosh
Common Council on October 6, 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 $ 55,665.00 , adjusted by
any changes as provided in the General Conditions , or any
changes hereafter mutually agreed upon in writing by the parties
hereto, provided, however, in the event the proposal and contract
documents are on a "Unit Price" basis , the above mentioned figure
is an estimated figure, and the City shall , in such cases , pay
to the Contractor for the performance of the Contract the
t
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 presence of: CONTRACTOR
DONALD HIETPAS & SONS INC.y
mite)
(Seal of Contractor
if a Corporation) By: # 407
GxL,44)
S.=city Title)
•
CITY OF OSHKOS
A F alma' — B Y 7L-f.
WILLIAM D. FRUEH, -City Manager •
DONNA C. LUEBKE' , City Cl rk
I certify that provisions have been made to
pay the liability that will accrue to the
City o shkosh under the within contract. (Seal of City)
attic
EDWARD A. NOKES, City Comptroller
•
Approved as to form`:
TOM W. AHRENS, Asst. City Attorney
- 3 -
•
•
Bond No
Fidelity d Deposit C and
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
That Donald Hietpas & Sons, Inc.
(Here P.O. Box 166ns— thLittle ddChute,l ttleWIe c 5 Contractor)140
as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety,
hereinafter called Surety, are held and firmly bound unto
The City of Oshkosh — P.O. Box 1130 — Oshkosh, WI 54902
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner,
in the amount of Fifty—five thousand six hundred
sixty—five and 00/100
Dollars ($ 55,663.00 ), 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 October 13, 19 83,
entered into a contract with Owner for Public Works Contract No. 83-14 for Water
Main Construction pursuant to Resolution #16 adopted by the Oshkosh
Common Council on October 6, 1983
in accordance with drawings and specifications prepared by
the City of Oshkosh Engineer
(Here insert full name,title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor
shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise
it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner
having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall
promptly
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi-
tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and 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 para-
graph, 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.
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 Owner.
Signed and sealed this 13th day of October A.D. 19 8—
In the presence of:
Donald Hietpas & Sons, Inc. (SEAL)
Principal
1� � �" AlL /Title
FIDE Y AND DEPO - COMPANY O MARYLAND
, `!� k.`A By- / �/Y�)! T le (SEAL)
t / I'
C309f-40M,3-80 210202
Approved by The American Institute of Architects,A.I.A.Document
No.A-311 February 1970 Edition.
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 Robert N. Hartjes, William J. Janssen, Joseph
F. Walsh and Grace Willey, all of Little Chute, Wisconsin, EACH
its true 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 penalty not to exceed
the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000)
• n• 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 Robert N. Hartjes, etal,
dated, October 13, 1976 and on behalf of Robert N. Hartjes, etal, dated, November
7, 1977.
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 23rd day
of June , A.D. 19_._.aa_
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
AY. as c� ATTEST:
ViisSEAL
e (�
�...� By °I/J:1-441-1(—""
Assistant Secretary Vice-President
STATE OF MARYLAND i SS:
CITY OF BALTIMORE J
On this 23rd day of June ,A.D.19 83 ,before the subscriber,a Notary 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,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,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year fir above written.
i •
J; Notary Public Co on Expires_July.-_1-,._-1986.
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 13th' day
of October ,1983.__
101* AnPlef-
Llaza.—cat. 184-4098 Assistant Secretary
FOR YOUR PROTECTION LOOK FOR THE F&D \ XI'ERJIARK
Bond No
Fidelity Company and
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
Labor and Material Payment Bond
Note: This bond is issued simultaneously with Performance Bond in favor
of the owner conditioned on the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS:
That Donald Hietpas & Sons-,. „Inc.
(Here insert the-name and address or legal title of the Contractor)
P.O. Box 1b — Little Chute, WI 54140
as`Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety,
hereinafter called Surety, are held and firmly bound unto
The City of Oshkosh — P.O. Box 1130 — Oshkosh, WI 3-4902
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined,
in the amount of.... Fifty—five thousand six hundred
sixty—five and 00/100
55, 665.00 (Here insert a sum equal to at least once-half of the contract price)
Dollars ($ ), for the payment whereof Principal and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated October 13, 1983 -,
entered into a contract with Owner for Publie___Works_--Caratract__NoA__-83-1-4-_-for -Water
Main Construction pursuant to Resolution #16 adopted by the Oshkosh
Common Council on October 6, 1983
in accordance with drawings and specifications prepared by
The City of Oshkosh Engineer
(Here insert full name,title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make pay-
ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of
the Contract, then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following
conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor,
material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to
include that part of water,gas, power, light, heat, oil,gasoline, telephone service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein
defined,who has not been paid in full before the expiration of a period of ninety (90)days after the date on which the last of such
claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use
of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant,other than one having a direct contract with the Principal, shall have given written notice to any
two of the following:The Principal, the Owner,or the Surety above named, within ninety (90) days after such claimant did
or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with
substantial accuracy 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 addressed to the Principal, Owner or Surety, at any place where an office is regularly main-
tained for the transaction of business,or served in any manner in which legal process may be served ill 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 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 here-
under, 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.
Signed and sealed this l.)th day of October A.D. 19.. 3
In the presence of:
Donald Hietpas & Sons, Inc. (SEAL)
Principal
A24.11.4441(4,0.44 Az4;44.4-4
Title
FIDEL TY AND DEP T COMPANY F MARYLAND
AJ By 404 / ' E (SEAL)
'tle
4,e----42-xe/rtz
'z
C309e -4oM,4-so 210607
Approved by The American Institute of Architects,A.I.A.Document
No.A-311 February 1970 Edition.
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 Robert N. Hartjes, William J. Janssen, Joseph
F. Walsh and Grace Willey, all of Little Chute, Wisconsin, EACH
its true 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 penalty not to exceed
the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000)
•
. 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 Robert N. Hartjes, etal,
dated, October 13, 1976 and on behalf of Robert N. Hartjes, etal, dated, November
7, 1977.
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 23rd day
of June ,A.D. 19---.a3--
o�,,�j FIDELITY AND DEPOSIT COMPANY OF MARYLAND
o.. ATTEST:
SEAL e fin/ By e
e 1 \
Assistant Secretary Vice-President
STATE OF MARYLAND ; SS:
CITY OF BALTIMORE J
On this 23rd day of June ,A.D.19 83 ,before the subscriber,a Notary 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,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,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year fir above written.
vie sous),No a
ai
ii Notary Public Co on Exptres.-Ju]y---1-,---19 -
IN. uf
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 cower 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 13-th. day
of October 19 83
11101* 401Ple
LI4213.—at. 184-4098 Assistant Secretary
FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK
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