HomeMy WebLinkAboutPW CNT 79-05/G. F. Kalupa CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the /u, day of April , 19 79
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and C.F. KALUPA, INC.
of P.O. Box 133, Berlin, WI 54923
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 79-05 - SANITARY SEWER, STORM SEWER, WATER MAIN INSTALLATION
Pursuant to Res. #15 as adopted by the Oshkosh Common Council on 4-5-79
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 $ 34,267.50 , 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
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 he made for the actual number of units that are
incorporated in or made necessary by the work covered by the
contract .
(h ) Prod'-ess Payments .
In te event the time ilC_ces;.;a:C t
Y to copiete this Conrac' 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 demai ds 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
follow;; 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
C.F. KALUPA, INC.
t%5 i4 arm BY: '�
( �.��
(Spec]. 4 y Title)
(Seal of Contractor
if a By: �G, ,-.,;
(Specify Tit9A
CITY OF OSHKO H
1
�ZA-r')-it )( t _ - /?L k )(,i Ji,t By: 7!G 747.44--e--
J 77 WILLI M D. FRUEH, City Manager
. /..,A..'..! .i By: Z ,,,,,,, ` ;�
CONVERSE C MARKS, C lerk
I certify that provisions have been made to
pay the liability that will accrue to the
City of Oshkosh under the within contract. (Seal of City)
___�- ,� Qj. Y A
ity Comptroller
.,rove d as to form'
J�if •
W. PEN , City Attorney
3 _
SENTRY. INSURANCE
AIA Document A311
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that C.F. Kalupa, Inc.
Box 133
Berlin, Wisconsin 54923
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and Sentry Insurance A Mutual Conupany
1421 Strongs Avenue
Stevens Point, Wisconsin 54481
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Oshkosh
City Clerk
P.O. Box 1130 , Oshkosh, Wisconsin 54901
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Thirty—Four Thousand Two Hundred
Dollars ($ 34,267.50 )�
Sixty—Seven and 50/100 —
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 April 10 19 79
entered into a contract with
Owner for
Contract 79-05
Sewer & Water Construction
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 hereinafter referred to as the Contract.
(Approved by The American Institute of Architects,
A.I.A. Document No. A311)
z-73
80-1761
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 contract or contracts of completion arranged under
or extension of time made by the Owner. this paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price;
Whenever Contractor shall be, and declared by but not exceeding, including other costs and
Owner to be in default under the Contract, the damages for which the Surety may be liable here-
Owner having performed Owner's obligations under, the amount set forth in the first paragraph
thereunder, the Surety may promptly remedy the hereof. The term "balance of the contract price,"
default, or shall promptly as used in this paragraph, shall mean the total
1) Complete the Contract in accordance with its amount payable by Owner to Contractor under the
terms and conditions; or Contract and any amendments thereto, less the
amount properly paid by Owner to Contractor.
2) Obtain a bid or bids for completing the Contract Any suit under this bond must be instituted
in accordance with its terms and conditions, and before the expiration of two (2) years from the
upon determination by Surety of the lowest respon- date on which final payment under the Contract
sible bidder, or, if the Owner elects, upon determi- falls due.
nation by the Owner and the Surety jointly of the
lowest responsible bidder, arrange for a contract No right of action shall accrue on this bond to
between such bidder and Owner, and make avail- or for the use of any person or corporation other
able as Work progresses (even though there should than the Owner named herein or the heirs, execu-
be a default or a succession of defaults under the tors, administrators or successors of the Owner.
Signed and sealed this 10th day of April 19 79
, �
C.F. Kalupa, Inc .
(principal) (Seal)
\ Pr' )
4:7
(Title
Sentry Insurance A Mutual Company
(Surety) (Seal)
�� /J 712(Z- i`7yGst-
(Witness)
(Title)
Attorney-In-Fact
SENTRY. INSURANCE
AIA Document A311
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that C.F. Kalupa, Inc.
Box 133
Berlin, Wisconsin 54923
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and; Sentry Insurance A Mutual Conrany
1421 Strongs Avenue
Stevens Point, Wisconsin 54481
(Here insert full name and address or legal title of surety)
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Oshkosh, City Clerk
Box 1130
Oshkosh, Wisconsin 54901
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Thirty—Four Thousand Two Hundred
Sixty—Seven and 50/100 ----------------------Dollars ($ 34,267.50 ),
for the use and benefit of claimants as hereinbelow defined, 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 April 10 19 79 , entered into a contract with
Owner for
Contract 79-05
Sewer & Water Construction
in accordance with drawings and specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
(Approved by The American Institute of Architects,
A.I.A. Document No. A311)
00.1760
11.72
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if 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 materials were furnished, or for whom the work
contract with the Principal or with a Subcontractor or labor was done or performed. Such notice shall
of the Principal for labor, material, or both, used be served by mailing the same by registered mail
or reasonably required for use in the perform- or certified mail, postage prepaid, in an envelope
ance of the Contract, labor and material being addressed to the Principal, Owner or Surety, at any
construed to include that part of water, gas, power, place where an office is regularly maintained for
light, heat, oil, gasoline, telephone service or the transaction of business, or served in any
rental of equipment directly applicable to the manner in which legal process may be served in
Contract. the state in which the aforesaid project is located,
save that such service need not be made by a
2. The above named Principal and Surety hereby public officer.
jointly and severally agree with the Owner that
every claimant as herein defined, who has not b) After the expiration of one (1) year following
been paid in full before the expiration of a period the date on which Principal ceased work on said
of ninety (90) days after the date on which the Contract, it being understood, however, that if any
last of such claimant's work or labor was done or limitation embodied in this bond is prohibited by
performed, or materials were furnished by such any law controlling the construction hereof such
claimant, may sue on this bond for the use of limitation shall be deemed to be amended so as to
such claimant, prosecute the suit to final judgment be equal to the minimum period of limitation
for such sum or sums as may be justly due claimant, permitted by such law.
and have execution thereon. The Owner shall not
be liable for the payment of any costs or expenses
of any such suit. c) Other than in a state court of competent jurisdic-
tion in and for the county or other political subdi-
vision of the state in which the Project, or any part
3. No suit or action shall be commenced here- thereof, is situated, or in the United States District
under by any claimant: Court for the district in which the Project, or any
a) Unless claimant, other than one having a direct part thereof, is situated, and not elsewhere.
contract with the Principal, shall have given written
notice to any two of the following: the Principal, 4. The amount of this bond shall be reduced
the Owner, or the Surety above named, within by and to the extent of any payment or payments
ninety (90) days after such claimant did or per- made in good faith hereunder, inclusive of the
formed the last of the work or labor, or furnished payment by Surety of mechanics' liens which may
the last of the materials for which said claim is be filed of record against said improvement,
made, stating with substantial accuracy the amount whether or not claim for the amount of such lien
claimed and the name of the party to whom the be presented under and against this bond.
Signed and sealed this 10th day of April 19 79
C.F. Kalupa, Inc.
7 �.• s'_ (Principal) (Seal)
,SWitness) 2
(Title
Sentry Insurance A Mutual Company
(Sur ) (Seal)
/'/: -)I7,__,)/#f ,`-':Zri2/2-21,7,-7'
"/
�/ (Witness)
(Title)
Attorney-In-Fact
' ' SENTRY INSURANCE A MUTUAL COMPANY
STEVENS POINT, WISCONSIN �T
POWER OF ATTORNEY 1 4 45252
KNOW ALL MEN BY THESE PRESENTS:
That the SENTRY INSURANCE A MUTUAL COMPANY,a corporation of the State of Wisconsin,having its
principal offices in the city of Stevens Point,Wisconsin,pursuant to authority granted by a resolution of its Board
of Directors adopted May 7, 1970, which reads as follows:
The President, the Vice President, or the Treasurer of this Corporation shall have authority to appoint in
writing such attorneys-in-fact as the business of the Corporation may require,and to authorize such attorneys-in-
fact,and each of them to execute on behalf of the Corporation,any bonds,recognizances,stipulations,contracts of
indemnity and other undertakings of like character, or to exercise any lesser number of said powers as
hereinbefore set forth.
"Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its
seal.The signature of the Secretary or any Assistant Secretary to certified copies of such powers of attorney may be
original or facsimile, and when the corporate seal is affixed thereto, any third party may rely on said certified
copies of powers of attorney as the act and deed of this Corporation.The President,the Vice President,or Treasurer
may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such
appointment;"
does hereby nominate, constitute and appoint
LYLE BECKER, ROBERT ERDMAN & LINDA M. CUMMINGS, ALL OF STEVENS POINT, WISCONSIN
its true and lawful 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 OR UNDERTAKINGS
IN WITNESS WHEREOF, SENTRY INSURANCE A MUTUAL COMPANY of Stevens Point,Wisconsin, has
caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this
23RD day of JULY 19 75
SENTRY INSURANCE A MUTUAL COMPANY
� pRPOAAj4"Gl'" Eir •
rt 1 9 13 President '
Vyf!SCON���d� 0t14
"nn.. .a..`A ,I f/YG
Secretary
STATE OF WISCONSIN, COUNTY OF PORTAGE - ss
On this 23RD day of JULY A.D., 19 75 , personally came before me H. F. Holtz
and T. J. Maney, to me known to be the individuals and officers of the SENTRY INSURANCE A MUTUAL
COMPANY of Stevens Point, Wisconsin, who executed the above instrument, and they each acknowledged the
execution of the same,and being by me duly sworn,did severally depose and say:that they are the said officers of
the corporation aforesaid and the seal affixed to the above instrument is the seal of the corporation,and that said
corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority of the Board of Directors of said corporation.
s P�ri� D'J-LCLw , i
-' PUBLIC Notary Public 74,774,,Z-
NOTARY
+' Commission Expires
Co•e� Oct. 21, 1979
CERTIFICATE
I, the undersigned, secretary of the SENTRY INSURANCE A MUTUAL COMPANY of Stevens Point,
Wisconsin, a Wisconsin corporation,DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full
force and has not been revoked, and furthermore that the provisions of the By-Laws of the company and the
Resolutions of the Board of Directors set forth in the Power of Attorney, are still in force.
Signed and sealed at the City of STEVENS POINT this 10th day of April , 19.79..
I