HomeMy WebLinkAboutZignego CompanyC/O #1 for contract 89-07 1990 CHANGE ORDER MG. 1
TO: ZIGNEGO COMPANY, INC. DATED: June 25, 1990
W226 N2940 Duplainville Road
Waukesha, WI 53186
Your present contract with the City of Oshkosh, Contract No. 89-07 9
is hereby amended and changed as follows:
( insert here work and/or materials to be added or eliminated and
the unit and/or lump sum price to be added to or deducted from the
contract. )
TO CORRECT QUANTITIES FROM "ESTIMATED" TO "FINAL MEASUREMENT"
Section I - Concrete Paving - Total Increase to Section $7,539.00
Total Decrease to Section $6,757.88
NET INCREASE TO CONCRETE PAVING $ 718.12
Section II - STORM SEWER - Total Increase to Section ---
Total Decrease to Section $1 ,272.00
NET DECREASE TO STORM SEWER ( $1 ,272.00)
NET DECREASE TO CONTRACT ( $ 553.88)
Fye'nded ° CIT OF CSI H
v�> By: //466 L
Direc o rublic . orks City Matz—ger
r ,
, 1T'l7 �i. i UfJ71&)
City C�.er
Approved 7 • accepted:
Contrarf
I certify that provision has been made to •ay the liability that
will accrue to the City of Oshkosh, Wisco sin, under the within
Change Order.
' onptroller
App oved as to for,:
•
City Attorney
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CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 5th day of May, 1989 , by and
between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY , and ZIGNEGO COMPANY , INC. of W226 N2914O
Duplainville Rd . , Waukesha , WI 53186 , 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 . SCQPE OF WQRK
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. 89-07
for concrete paving and underground work for Public Works
Department , pursuant to Resolution #64 adopted by the Common
Council of the City of Oshkosh on 14th day of May , 1989 ,
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 CQMPLETIQN
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 t�4Z1.s.12_9.3O , 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 perfor-
mance of the contract the amounts determined for the total number of
1
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 con-
tract .
(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 .
IN WITNESS WHEREOF , the City of Oshkosh, Wisconsin, has caused
this contract to be sealed with its corporate seal and to be sub -
2
scribed 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 th Presence of:
I?!I
lik,t14.k■v -- <-7 L.- I CONTRACTOR
ZIGNEGO COMPANY, INC.
By V,/ ,
( Seal of Contractor (Specif y Title)
if a Corporation . )
Sec-
Specify Title)
CITY OF OS OSH
__C.20±44_e_Ot
By
( ess) William D . Frueh , City Manager
And
(Witness) ', Donna C . Serwas ,City Clerk
i* C14*, te*N VO'... .0 : 5, i r lirt.4 0
me r rt Lo If Cm
CITY ATTORNEY
OSHKOSH,WISCONSIN ,
3
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE
POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
rr
This is to Certify that LIBERTY \'
MUTUAL " •`
Zignego Company, Inc. & Zignego Ready Mix Inc. Name and
W226 N2940 Duplainville Rd. <--x« address of
Waukesha, WI 53186 Insured.
is,t the issue date of this certificate,insured by the Company under the policy(ies�ted below.The insurance afforded by the listed policy(ies)is subject
to all their terms,exclusions and conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which
this certificate may be issued.
TYPE CERT.EXP.DATE* LIMIT
OF
CONTINUOUS POLICY OF
NUMBER LIABILITY
POLICY ❑EXTENDED
POLICY TERM
COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY
LAW OF THE FOLLOWING STATES: Bodily Injury By Accident
$100,000 Ea.Acc.
WORKERS' 1/1/90 WC1-141-094733-019 WI Bodily Injury ByDisease
WC1-141-094733-079
COMPENSATION $100,000 Ea.Person
Bodily Injury By Disease
$500,000 Pol.Limit
General Aggregate-Other than Products/Completed Operations
$2,000,000 Per Job Site
Products/Completed Operations Aggregate
J $1,000,000
Q
m Bodily Injury and Property Damage Liability
w W $1,000,000 per occurrence
C7� ❑CLAIMS MADE 1/1/90 TB 1-141-094733-029 Personal and Advertising Injury
JJ CO $1,000,000 per person/
(0 RETRO DATE organization
w Other
g Fire Legal Liability - $50,000
o OCCURRENCE Medical Payments - $5,000
0
SPECIAL/EXCL.
ENDORSEMENTS
�rr
$1,000,000 EACH ACCIDENT-SINGLE LIMIT-B.I.AND P.D.COMBINED
>" f�OWNED
~ 1/1/90 AS1-141-094733-039
EACH PERSON
O Q NON-OWNED EACH ACCIDENT EACH ACCIDENT
J UHIRED OR OCCURRENCE $ OR OCCURRENCE
Umbrella
w Excess 1/1/90 TB1-141-094733-049 $5,000,000
Liabiltiy
0
LOCATION(S)OF OPERATIONS&JOB#(If Applicable) DESCRIPTION OF OPERATIONS:
*If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. However,
you will not be notified annually of the continuation of coverage. Liberty Mutual
NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE Insurance Grout
THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS XX DAYS
NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO:
City of Oshkosh ,
City Clerks Office
CERTIFICATE P.O. Box 1 130 wl
HOLDER--■ Oshkosh, WI 54902 AUTHORIZED REPRES:4 ATIVE
10/3/89 Mil kee
Attn: Donna J DATE ISSUED OFFICE
-.---_34§ is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies
BS772 R
olibi WISC ONSIN SOCIETY OF ARCHITECTS ��� r
1�.�t'`�c
THE AMERICAN INSTITUTE OF ARCHITECTS ��-��� ���A� •
■ 011 k
WIS. AIA DOCUMENT �—
w JULY 1980 ED. WIS. A312
o,
7
PUBLIC IMPROVEMENT
n
PERFORMANCE/LABOR AND MATERIAL
PAYMENT BOND
THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
A TO SECTION 779.14 WISCONSIN STATUTES.
r
KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor,
referred to in Sec.779.14 Wisconsin Statutes as the prime contractor)
ZIGNEGO COMPANY, INC., W226 N2940 Duplainville Road, Waukesha, Wisconsin 53186
as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety)
FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, 200 S. Wacker Drive, Chicago, IL 60606
duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety,
are held and firmly bound unto (Name and address or legal title of Owner)
CITY OF OSHKOSH, City Hall, P. 0. Box 1130, Oshkosh, Wisconsin 54902
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the
amount of Four Hundred Seventy One Thousand One Hundred
Twenty Nine and thirty/100
Dollars ($ 4719129.3?
(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, ZIGNEGO COMPANY, INC.
Principal has by written agreement dated May 5th 19 89 , entered into a contract with Owner for
Concrete Paving and Underground Work - Public Works Contract No. 89-07
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;
in
The said written agreement, drawings, specifications and amendments
are hereinafter referred to as the Contract.
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES to
WIS. AIA DOC. WIS. A312JULY. 1980ED. PAGE 1
Copr. 1969 Wisconsin Society of Architects/AIA
615 E.Washington Ave.
Madison,Wis. 53703
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 the claims 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 Contract, 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 Principal and the Surety upon this bond for the
Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by
any extension of time for the completion of the Con- reason of the failure of the Principal to comply with
tract shall release the sureties on the bond. the Contract or with the Contract between the Prin-
cipal and his subcontractors. If the amount realized
2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of
work under the Contract, any party in interest may the parties in full, it shall be distributed among the
maintain an action in his own name against the parties pro rata.
Signed and sealed this 12th day of May , 19 89
IN THE PRESENCE OF:
1
ZIGNEGO COMPANY, INC.
Principal
VJ
By: a (seal)
itsor Title: C,r4, —
FIREM , 'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
Name of Surety
OU '"✓ � By' (" ( I /�� (Seal)
Witness
'rte: Attorney
William F. Norton
APPROVED BY*
IN THE PRESENCE OF:
C/rY f� 031/KOvff
Own
"1 ) li (is"/L61✓ By: :�/,G (Seal)
Witneu e/TY aL )k Title: a fry/ /►ult)46 i.g.'
*This bond shall be approved in the case of the state by the state official authorized to enter into such con-
tract, 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.
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES
WIS.AIA DOC.WIS.A312 JULY 1980ED. PAGE 2
Firemen's Insurance Company of Newark, New Jersey
80 Maiden Lane, New York, New York 10038
GENERAL POWER OF ATTORNEY
Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW
JERSEY has made, constituted and appointed, and by these presents does make. constitute and appoint
Charles F. Norton or Lillian I. Norton or William F. Norton all of Butler,
Wisconsin. EACH
its true and lawful attorney.for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings
and contracts of suretyship to be given to
All Obligees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
Three Million ($3, 000, 000) Dollars
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK.NEW JERSEY at a meeting duly called and held on the
20th day of February, 1975:
RESOLVED that the Chairman of the Board.the Vice Chairman of the Board.the President.an Executive Vice President or a Senor Vice President or a Vice President of the
C:•r'oa-iv be and that each or any of!hem hereby!s.authorized to execute Powers of Attorney nual.fyng the attorney named in the g'ven Power of Attorney to execute in behalf of
i REMEN.S'NSUPANCE COMPANY OF NEWARK.NEW JERSEY bonds undertakings and all contracts of suretyship.ano that an Assistant Vice President a Secretary or an
ass s'ant Secretary be and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney.ano to attach!hereto the seal of the Company
FURTHER RESOLVED.that the signatures of Such officers and the seal of the Company may be affixed to any such Power of Attorney or to any ce'Uf+care relating thereto by
Lacs moe and any such Power of Attorney or certificate bearing such facsimile signatures 3r tacsim'e seal shall be valid and bine'ng upon the Company when so affixed and in the
future w!h respect to any bond.undertaking or contract of suretyship to which it is attached
In Witness Whereof,the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY has caused its official seal to be hereunto
affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 3rd day of
March. 1982
FIREMEN S iNSURANCE COMPANY OF NEWARK, NEW JERSEY
Attest
By
1 ::77. /
T H Stephens.Assistant Vice President *' M L Ford Vice President
STATE OF NEW YORK
ss..
COUNTY OF NEW YORK
On this 3rd day of March.1982,before me personally came M.L.Ford,to me known,who being by me duly sworn,did depose and say
;hat he resides in Summit, in the County of Union, State of New Jersey. at 768 Springfield Avenue: that he is a Vice-President of the
FIREMEN S INSURANCE COMPANY OF NEWARK,NEW JERSEY.the corporation described in and which executed the above instrument;
that he knows the seal of the said corporation;that the seal affixed to the 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 thereto by like order.
z.: .r,.�.. : ` r (Y1 �l
%„4.i.
s••, w ;•
Susan M.McCarthy
A Notary Public of New Jersey
CERTIFICATE My Commission Expires Feb.17.1987
I. the undersigned. an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY. a New Jersey
corporation.DO HEREBY CERTIFY that the foregoing and 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 said Power`o'f Attorney. is now in force.
Signed and sealed at the City of New York. Dated the I
al(i) $day of �c Y .19
21 BOND 431514 James M Keane Assistant Secretary
PnntSOIA U S A