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# 17 RESOLUTION
AUG � 1975
WHEREAS, the City of Oshkosh has heretofore advertised
ior bids for the installation of sidewalks, and
WHEREAS, upon the opening and tabulation of bids, it
a�.p��ars that the followinq is the lowest and most advantageous
bid:
C.I. HUGHES, INC. $36,180.00
Appleton, Wisconsin 54911
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 �he 1975 Budget, Account No. 475 146,
Contract Control.
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CONSTRUCTION CUNTRACT
THIS AGREEMENT, mad� on the �day o! _ I1uau�t � 1q7�,_.
G.: :�nd be�tween the CITY OF OSHKOSH, pa�ty of the fisat past,
h�r�inafter referred to ae the CITY, and �• z• J��'�u�'�� x`j�• �
3�.�� !��. lst �v�flu�, .A��I�to:�, F.;,Z 54�1.1 .
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partr of the a�econd part, hereinafter referred to ae the CONTRACTQR.
WITNESSETH: That the City aad the Contractor� fox Ch� .
congideratione hereiaafter. named, agxe�e aa �ollowa:
ARTICLE I. SCOPE OF WORK
The Contractor hereby agreea �o furn�eh all qf �he material�
and all of the equipment and labor necessnry. and to perform a17, ut
the work shown on the �la�a and des�ribed in the apecifiqations for
thQ project entitled or de�cribed es followe: .
PU��IC �,'t3�?�� C0�'� �C� ?5--.�.� . � �
Sidew�3k inst�ll�tion �nc? $��ur�e��t �aork
.A�rr�ved �y c���il�cn�h Cc�r.�on Council an Augu�t 7, 1�75, Rea. �17
all in ac�ordaace and in etri�t compli�nce sa��h the contractor'e
prepoeal and tbe other coatrac� documente referred to in ARTICLE V.
of this conCract.
ARTICLE II. TIME OF COMPX.�`"_'ION
The work to be perfor�ned under C�is contract ehall be commeac�d
and the wosk completed within the time limits apecifie�d in the
General Conditions and/o�c :Qntr¢ctor's propoaal.
ARTICI�E III. PAXM�NT
(a) The C�nt.ract Sum.
The City ahall pay �n trie Cor►cr��:�:.r for the pesformance vf th�
contsact the sum of $��,���•�� , adjusted by any
changes a� provided in the +�eneral Cond�Cione, or any changes
hereafter mutually �gr�ed upon in writirig by the partiea
hereto, provided. hc�wever, in the event the proposal and contract
documente axe op a"Unit Price" baais, the above mentioned figure
ia en eatimated fig�se:, and �he City s1�a11, in such cases,
pay to 6he Cvntraatos f��c �he performan�ce of the Contract Rh�
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amounts d�termined for th� tutal number of each of the units
of work as aet forth in the Contractor's proposal; the number
of units therein contained is approximate only, and the final
payment ehall be made for the actual number of units that are
incorporated fn or made necessary by the work covered by the
contract.
(b) Progress Payments.
Ia the event the time necessary to co�plete this Coatract ia
such that progres$ payments are required, they shall be made
accordiag to the pzovi�ions set forth in the General Conditions.
ARTICLE IV. CONTRACTAR TO HOLD CITY HARMLESS
The Contractor covenxx�ts and a�rees to protect and hald the
City of Oshkosh harmless againse all actions, claims and demands of
any kind or character whatsoever which may in any way be caused by
the negligent digging up �f streets, alleys or public grounde or
which may result ftom erie faulty, car�lES��e�s or neglect of said
Contractor, his agents, f�nnloy�es nr wo�kr�en in the performenGe of
said work or caused by the uiolatian of any City ordinance, and
shall refund to the City ali s��ms ��hich i� may be obliged or adjudged
to pay on any such claims r,r c�emands �ith�n a reasonable time afCer
demand thereof. .
ARTICLE V. C0�IPONENT PARx� UF THE C�NTRACT
Thi§• coatract consist� of ti�e fal2owin,g �omponent parts, all of
which are as fully a part of this cc+ntxacL� as 1.€ hese�.n set ouC
verbatim, or if not atta�t.ed, as �f Y,exeto at�ached:
l. General Canditions
2. f'�dvertisemeat for Bidg
3. Instructions to Bidders
4. Specificatio:i^, incJluding any addenda
5. :'lans
6. Contractor':: P�oposal
7. This Instxu�e�t
In the er�ent that uaiy proNirion in any of the above component
parts of this cantra�t <.:or�il.ict� Frith any pro�rfsion in any other of
the component part�, the =�r�vision in the compane�t Part first
enumerated above shall g,�••�rn aver any o�her coap�nent part which
follows it numerically ex��pt as m:�y be c►then�ise specifically atated.
IT IS HEREBY DECLARE,i, iJNDERST00D ANn AGREEA that the word
''Contractor" wherever us�d i.n this cc►ntract means the party of the
second per[ and its/his.��:�Pir le�al repr�sentatites, su�cessors and
assigns .
_ 2 _
,
IN WITNESS WHEREOF, the City of Oshkosh, Wisconain has cau&ed this
contract to be sealed with its corporate seal and to be subacribed to by
its Manager and City Clerk and countersigned by the Camptroller of said
City, and the party of the aecond part has hereunto aet its, his or their
hand and seal the day and year first above written.
In Presence Of: CONTRACTOR
y��G�-�L Z�r ��.✓ ���-zr-�-- -��'.:_.- BY �/��ti��i/(�W �'� %i.��Z�� �/3
(Seal of Contractor if a Corporat�on)
In nre ence Of :
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(Seal of City)
I certify that provision h4s t��ae�: made
to the City of Oshkosh, Wisc�onsin under
BY
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(Specifiy Title)
(Speclfiy Title)
CiTY �0�`iOSHKq�SH,�ISCONSIN
�r on �. ,��r
C ' y tanag�
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Cor±verse . Mar
Ci.ty Clerk
to pay liability that will accrue
t�e Within contra .
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Del LaMarche
City Com�troller
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C�pitol
Indemnity
Corporation
A STOCK INSURANCE COMPANY
M4DISON, WISCONSIN pUBLIC IMPROVEMENT
PERFORMANCE/LABOR AND MATERIAL
PAYMENT BOND
THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
TO SECTInN 289.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO.
KNOW ALL MEN BY THESE PRESENTS:
. .
That ..................................C_..1.....i:�.c: Yt:a.,... x;c::...................................................................................
( ere i sert name and address or legal title of the Contractor)
......................................... �i?�.�.�i:�'r.�r4?n....!�?4�$.:..........................................................................................
as Principal, hereinafter called Principal, and Capitol Indemnity Corporation of Wisconsin, a cor-
poration of the State of Wisconsin, with its Home Office in the City of Madison, Wisconsin, and
duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called
Surety, are held and firmly bound unto ......4�.ty...4�..4�?�:���4��� .............. .........................................
(Name and address or legal title of Owner)
.................................................................... �shkrash.,...Wi.s...................................................................
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in
theamount of ...........................................................................................................................................
..........:�.,��L�.L.y...;'.t:'r..::�:AY.:1?:;:1,1,A:T...;�f. �it;��c�re�cY ;�ic1`ri�Y. �...JO/lOt�-°.Dollars ($..a.�...:1.�."v...t�s�)
�
(Heie insert a sum at least equal to the contract price) �
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administra-
tors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated......#r:��,�.�3�t...l.�......19.Z:t., entered into a
contract with Owner for...........�.t�z:.t:.x: :t.:�..7.:�r-14.......�iux.:aa:uif....Cviis.t�uC.tion. ........• .............•..••
in accordance with drawings and specifications prepared by ..................................................................
...................................................................................................................................................................
(Here insert full name, title and addrees)
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, vehicles, machinery, tractors, equipment, fix-
tures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases,
premiums for workmen's compensation insurance andcontributionsfor 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 orconsu�nedinmaking the public improvement or performing the public work as
provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full
force and effect, subj ect, 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 oneyearafter the completion of work under the Contract, any party in inte�est
may maintain an action in his own name against the Principal and the Surety upon this bond. for tl�e
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 c�istrib-
uted among the parties pro rata.
Si ned and sealed this �`.:' � day of ...................�.�!�u�t , 19 /;,
g ............................... ............
In the presence of.• �:. T. t.uy;?E:,s,... �,nl� �..........
.................... ................................
` , � Principal
/'�C;Z-.G r1.Y"�...�:�::�::i: '"!:� .::::::................... By. 5 . ,�/.✓:�::.....:......� ....�e.'Z..� �y�..............(Seal)
• `..,,�� "',' • �•
Witness Titl�
C�APITOL INDEMNITY CORPOR ON OF WIS N IN �!�-��
�hr..C��4.�: �.. �Gr:.....:�.:�:��::�: :L::�'�? :.................. B S ty .. , . .(SPa1.
• .. . , . . . � .. .... . . ............. .
Witness Tit e: �'-`�'=�ru :� fiai'1�i���; iLttort�.4ti�--1.a.- act
In the presence of.•
Approved by*
..................................................................................
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.
«�is. AIA Doc. 312-9-72
Public Improveme�t Performance/Laborhlaterial Bond
--=-'--'---------------------------------------------------------------------------------------------
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INDEMNITY CORPORATION
POWER OF ATTORNEY
No.�49988
KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNIN CORPORATION, a corporation of the
State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint
RICHARD S. BALLIET OF APPLETON, WI.
its true and lawfvl Attorney(s)-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, undertakings and contracts of suretyship, provided that no bo�d or undertaking or contracl of
suretyship executed under this authority shall exceed in amount the sum of
-----NOT TOEXCEED $2C0,000.00-----
This Power of Attorney is granted and is signed and sealed by facsimile under and bythe authority of the follow-
ing Resolution adopted by the Boardof Directors of CAPITOL INDEMNITY CORPORATION at a meeting dulycalled and held
on the Sth day of May, 1960:
"RESOLVED, that the President, any Vice-President, the Secretary or Treasurer, acting individually or other-
wise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of
executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident
vice-presidents, assistant secretaries and attorney(s)-in-fect, each appointee to have the powers and duties usual to such of-
fices to the business of this company; the signature of such officers and seal of the Company maybe affixed to anysuch power
of attorney or to anycertificate relating thereto by facsimile, and anysuch power of attorneyor certificate bearing such fac-
simile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certi-
fied by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be
revoked, for cause, or without ca�se, by any of said officers, at any time."
IN WITNESS WHEREOF, The CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be affixed duly attested by its Secretary, this 1 st day of August, 1973.
Attest:
//+/y�4� .•, `..,..,,, •_
?�,,.,..,, = CAPIT NDEMNI CO RATI
��.� .
' r �Secretaryl�' °'
S.TATE OF WISCONS President
) SS.
COUNTY OF DANE )
On the lst day of August, A. D., 1973, before me personally came George A. Fait, to me known who being
by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President
of CAPITOL !NDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he
knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name theretoby like order.
: ,,t,t M.,���+,
� 1OTA1� �
STATE OF WISCONSIN ) s, ��"" ,` _ •
) SS. �`"'' otary Public, Dane Co., Wisconsin
COUNTY OF DANE ) My Commission is permanent
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing at-
attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board
of Directors, set forth in the Power of Attorney is row in force.
Signed and sealed at the City of Madi<_on. ed the 15t�1 day of
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August ,i975 .
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Vice-President
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