HomeMy WebLinkAboutFischer Ulman Const Res 08-06P
CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 3 1 day of March, 2008, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FISCHER-
ULMAN CONSTRUCTION, INC., 1115 S. Theodore St., Appleton, WI 54915, party of the
second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration 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:
for sidewalk rehab, pursuant to Resolution 08 -06 adopted by the Common Council of the
City of Oshkosh on the25th day of March, 2008,
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
$481,530.25, 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 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 or result from the intentional or negligent acts of the
Contractor, his agents or assigns, his employees or his subcontractors related however
remotely to the performance of this Contract or be caused or result from any violation of
any law or administrative regulation, and shall indemnify or refund to the City all sums
including court costs, attorney fees and punitive damages which the City may be obliged or
adjudged to pay on any such claims or demands within thirty (30) days of the date of the
City's written demand for indemnification or refund.
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
�J
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
hereunto set its, his or their hand and seal the day and year first above written.
In the Presence of:
(Seal of Contractor
if a Corporation.)
CONTRACTOR
FISCHER -ULMAN CONSTRUCTION, INC.
By:
ecify Title)
By:
(Specify Title)
CITY O%b$HKOSH
;�_
Pamela R. Ubrig, City Clerk
I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
7
ity C tr Iler
ager
3
}
THE AMERICAN INSTITUTE OF ARCHITECTS
_.._
rr...n
Jof 4 originals Bond No. 0039644
AIA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that Fischer- Ulman Construction, Inc.
(Here insert full name and address or legal title of Contractor)
1115 South Theodore Street, Appleton, WI 54915-3906
as Principal, hereinafter called Contractor, and, Ohio Farmers Insurance Company
(Here insert full name and address or legal title of Surety)
P.O. Box 5001, Westfield Center, OH 44251 -5001
as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh
(Here insert full name and address or legal title of Owner)
215 Church Avenue, Oshkosh, WI 54901
as Obligee, hereinafter called Owner, in the amount of Four Hundred Eighty One Thousand Five Hundred Thirty
Dollars and 25/100 Dollars ($ 481,530.25 ),
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 March 31, 2008 entered into a contract with Owner
for
(Here insert full name, address and description of project)
Public Works Contract 08 -06, Sidewalk Rehabilitation
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.
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
PERFORMANCE BOND
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 conditions, and upon
determination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the Owner
and the 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
paragraph, 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
the Owner.
Signed and sealed this 31st
ATTEST:
B'
Vvitness)
WITNESS:
BYC�M� bi
(Witness)
Pamela L Hanagan
day of March, 2008.
Fischer - Ulman Construction, Inc.
(Principal) (Seal)
J
(Title)
Ohio Farmers Insurance Company
(Surety) (Sea/)
B:
(Title)
Toni Schinke Attorney -in -Fact
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® 2
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1736 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
THE AMERICAN INSTITUTE -OF ARCHITECTS
Ilt�•n
Bond No. 0039644
A1A Document A311
Labor and Material Payment Bond
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 Fischer - Ulman Construction, Inc.
(Here insert full name and address or legal title of Contractor)
1115 South Theodore Street, Appleton, WI 54915 -3906
as Principal, hereinafter called Principal, and, Ohio Farmers Insurance Company
(Here insert full name and address or legal title of Surety)
P.O. Box 5001, Westfield Center, OH 44251 -5001
as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh
(Here insert full name and address or legal title of Owner)
215 Church Avenue, Oshkosh, WI 54901
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of Four Hundred Eighty One Thousand Five Hundred Thirty Dollars and 25/100
(Here insert a sum equal to at least one -half of the contract price) Dollars ($ 481,530.25
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 March 31, 2008
for
(Here insert full name, address and description of project)
Public Works Contract 08 -06, Sidewalk Rehabilitation
in accordance with Drawings and Specifications prepared by
, entered into a contract with Owner
(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.
AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ,5,
FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W.. WASHINGTON, D.C. 20006
LABOR AND MATERIAL PAYMENT BOND
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 sha(I_ 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 Subcontractor 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
Signed and sealed this 31 st
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 maintained for the
transaction of business, or served in any manner in which
legal process may be served in 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 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 hereunder, inclusive of the payment by Surety or
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.
day of March, 2008.
ATTEST: Fischer - Ulman Construction, Inc.
(Principal) (Seal)
B:
(Witness
(Title)
WITNESS: Ohio Farmers Insurance Company
(Surety) (SeaQ
B :\:
(Witness)
Pamela L Hanagan By:
(Title)
Toni Schinke Attorney -in -Fact
AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O
FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
2
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS`POWtR BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 09119107, FOR ANY PERSON OR PERSONS NAMED BELOW.
General
Power
of Attorney
CERTIFIED COPY
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center. Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company' and collectively as 'Companies,' duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
RICHARD J. DE VRIES, TONI SCHINKE, STACEY L. RYAN, TIMOTHY R. NICKELS, PAMELA HANAGAN, JOINTLY OR
SEVERALLY
of APPLETON and State of WI its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.'
'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 19th day of
SEPTEMBER A.D., 2007 .
Corporate �SYR-4%
Seals
Affixed
S—E
State of Ohio
County of Medina ss.:
............... ,,,„..l..../
.•• �pt- WESTRELDINSURANCECOMPANY
.,G : ••' •-•• , WESTFIELD NATIONAL INSURANCE COMPANY
`�;�' v' 4' OHIO FARMERS INSURANCE COMPANY
SERI,
im_ o;
�' • o; :1848 a�
Richard L. Kinnaird, Jr., Senior Executive
On this 19th day of SEPTEMBER A.D., 2007 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial
Seal e p A L ms 's • '
Affixed ......)I�� SF • - - i
• William J. Kahelin, A rney at Law, Notary Public
State of Ohio
County of Medina ss.: '�+� d. p My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
1. ,.
• q Of �.
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of
�
W_
NwM,•
POWER NO. 4830252 01
Westfield Insurance Co.
O P �NONA ... '
SEAL m.
uNWA
b
' 1848
' / ® f11N /.N...
Frank A. Carrind Secret Secretary
BPOAC2 (combined) (06 -02)
GC)VtKHVCJ
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY .PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN SR
S L
O
GENERAL LIABILITY
POLICY NUMB ER
POLICY EFFECTIVE
T D
POLICY EXPIRATION
M
LIMITS
EACH OCCURRENCE
$ 1,0 00,ODD
PREMISES Ea occurence
$ 100,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE F-T] OCCUR
CP3122476
2/20/2008
2/20/2009
MED EXP (Any one person)
$ 10,000
PERSONAL &.ADV INJURY
$ 1,000,00
GENERAL AGGREGATE
$ 2,000,00
GENL AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$ 2,000,00
POLICY PRO-
X LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
A3122477
2120/2008
2/20/2009
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
X
BODILY INJURY
(Per person)
$
.ALL OWNED AUTOS
SCHEDULED AUTOS -
BODILY INJURY
(Per accident)
$
HIRED AUTOS -
NON -OWNED AUTOS
-
X
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
ANY AUTO
$
A
EXCESSIUMBRELLA LIABILITY
X OCCUR F7 CLAIMS MADE
CU3122479
212012008
2/20/2009
EACH OCCURRENCE
$ 2,000,ODD
AGGREGATE
$ 2,000,000
$
H DEDUCTIBLE
$
X RETENTION $ 10,000
A
WORKERS COMPENSATION AND
E MPLOYERS'LIABILITY
ANY PROPRIErOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
W C3122478
2/20/2008
2/20/2009
X TORY LIMITS LIMITS ER
E.L. EACH ACCIDENT
$ 100,000
E.L. DISEASE - EA EMPLOYEE
$ 100,000
E.L. DISEASE - POLICY LIMIT
$ 500, 000
If yes, describe under _
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS -
Blanket Additional Insured Under the Commercial General Liability to the Extent Required in a Written Contract or Agreement
Re: Concrete Sidewalk Work
The City of Oshkosh, it's officers, council members, agents, employees, and authorized volunteers are additional insureds to the extent
required by a written contract under the Commercial General Liability and Auto Liability
1 — =K I Irll.HI C nVLVGR -
— • °• - - - -• - •
SHOULD ANY ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Oshkosh
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 DAYS WRITTEN
Attn: City Clerk
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
21 r J Church Avenue U@
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Oshkosh, WI
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
_ n .ni.nn '. -�evrn wTln►Ie eee
ACORD 25 (20971
FISCULM -01 BRBA