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HomeMy WebLinkAboutMurphy Construction CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 19th day of May, 1989, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and MURPHY CONSTRUCTION CO. of 1911 W. Wisconsin Ave. , Appleton, WI 54914, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consid- eration 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. 89-10 for asphalt pavement, curb & gutter and storm sewer for Public Works Department, pursuant to Resolution 88 adopted by the Common Council of the City of Oshkosh on 18th 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 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 con- tract the sum of $104, 874 .25, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon 1 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 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 enumer- ated 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 "Con- tractor" 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 2 this contract to be sealed with its corporate seal and to be sub- 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 the Presence of: CONTRACTOR MURPHY CONSTRUCTION O. ---(4).d V.. IL,t '1( ip jj( d' (A i 1/4--- f By=. - (Seal of Contractor (Specify ^ itle) if a Corporation. ) By: (Specify Title) t CITY OF OSHKOSH i I j.. , ,•CO/ VV. C' ta___X-1). �' ' •William D. Frueh, City Manager i� (Witness � ] And: � 1(0) �1. r ,�1�, ) Witness Donna C.( ) Serwas, City Clerk APPROVED: I hereby certify that the necessary pro- visions have been made to pay the lia- bility which will accrue under this con- tract. City Attorney ),r 4 � �� Gj� � 4,",t', - c City Comptroller 3 .. ............. Wausau Any correspondence in relation to this eY Insurance bond should be directed to: A6 _ Wausau insurance Companies • Bond Department Companies 2000 Westwood Drive Box 8017 PERFORMANCE BOND Wausau, Wisconsin 54402-8017 KNOW ALL MEN BY THESE PRESENTS: Bond Number 0150-24-044304C That Murphy Construction Company, A Division of MCC, Inc. (Here insert full name and address or legal title of Contractor) 1911 W. Wisconsin Avenue, Appleton, WI 54911 as Principal, hereinafter called Contractor, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company (Here insert full name and address or legal title of Surety) Wausau, Wisconsin as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh Oshkosh, Wisconsin (Here insert full name and address or legal title of Owner) as One Hundred Four Thousand Eight Hundred Seventy—FourOande 25/100 after called Owner,7i4 the amount of Dollars($ 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 , 19 entered into a contract with Owner for Contract 89-10 Asphalt Paving, Curb & Gutter, Sewer and Excavation City of Oshkosh (Here insert full name,address and description of project) 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. 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 he in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly II 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 fora 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 or before the expiration of one(I)year from the Date of Substantial Completion of the Project,whichever is later. 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 day of May 89 l9__ Murphy Construction Company A Division of MCC, Inc. (Principal) (Seal) PE Lt. h ,1J-6 2( 11.1 ) (witness) By. �-�_.l -T-E?(G. rtle) ��,�. ��� EMPLOYER:' '?;SURANCE CF WAUSAU A Mutual Company `ro2.4,1, (Surety) (Seal) (Witness) /)By Mfndet (Atttortor l ney-in-Fact) II')SI 5-4235 787 PR D. IISA Linda Franz No. 201-044— 000444 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint I INDA FRANZ its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF FIVE MILLION Z DOLLARS ($5,000,000). a w cc and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said CC attorney-in-fact may do in the premises. w This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a 0.. meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect: Q "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying H the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A 0 Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be, Z and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach w thereto the seal of EMPLOYERS INSURANCF OF WAUSAU A Mutual Company" 0 0 "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPIAYERS INSURANCE OF WAUSAU A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile,and H any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding w upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect 2 to any bond, undertaking or contract of suretyship to which it is attached" �R H IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be V < signed by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST _day Z of AUGUST 19 _. +,,..r.,7.-;;;;.. EMPLOYERS INSURANCE OF • USAU A Mutual Company SEAL.1+' r Q �,r By rte`.-.,, R.C. Retterath L--1 Senior Vice President Z Attest: CC 0 i , QR.J . steman Assistant Secretary w STATE OF WISCONSIN ) 0 )ss. cC w COUNTY OF MARATHON ) On this 1ST day of AIJaUST , 19_8.Z,before me personally came a K.C. Retterath ,to me known,who being by me duly sworn,did depose 0 and say that he is a senior vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation described in J and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate Q seal and 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. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year herein first above written. Q H 0 Z CO Q , 1 Patricia A. Kleman Notary Public = I- NOTARY PUBLIC i<<, STATE OF WISCONSIN ;;: ,,� STATE OF WISCONSIN ) t . ti•= CITY OF WAUSAU I ss. MY COMMISSION EXPIRES JUNE 3, 1990 ;. COUNTY OF MARATHON ) CERTIFICATF, I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,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 still in force. Signed and sealed in the City of Wausau,Marathon County,State of Wisconsin,this 31st day of May , 1989 . may' /iffii,411. (.,SEA 1 R.J. Besteman Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY,('ALL TOLL FREE(800)826-1661.(IN WISCONSIN,CALL(800)472-0041). Wausau Any correspondence in relation to this Insurance bond should be directed to: Wausau Insurance Companies Companies Bond Department �4 wit 2000 Westwood Drive THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE Box 8017 BOND IN FAVOR OF THE OWNER CONDITIONED ON THE Wausau,Wis onsir1,54402_881,74304C FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT Bond Number 1771111 L1'4+ 0�+ LABOR & MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Murphy Construction Company, A Division of MCC, Inc. (Here insert full name and address or legal title of Contractor) 1911 W. Wisconsin Avenue, Appleton, WI 54911 as Principal,hereinafter called Principal, and EMPLOYERS INSURANCE OF WAUSAU A MUtual Company (Here insert full name and address or legal title of Surety) 400 Westwood Drive, Wausau, WI 54401 , as Surety, hereinafter called Surety,are held and firmly bound unto City of Oshkosh Oshkosh, Wisconsin (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Four Thousand Eight Hundred Seventy-Four & 25/100pollars($ 104,874.25 (Here insert a sum equal to at least one-half of the contract price) 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 ' 19— • entered into a contract with Owner for Contract 89-10 Asphalt Paving, Curb & Gutter, Sewer and Excavation City of Oshkosh (Here insert full name,address and description of project) 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. 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 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 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 ser'uc 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 or after the expiration of one(I)year following the date of Substantial Completion of the Project,whichever is later,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 hereunder,inclusive of the payment by Surety of mechanics'lions 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. May _, 19 89 Signed and sealed this 31st day of Murphy Construction Company A Division of MCC, Inc. (Principal) (Seal) Ati ( !• )0/q//x°)'60, 7L%1J (Witftess)/ Hie) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company (Surety) (Seal) (Witness) Bd&rnd.Lk By Linda Franz (Attorney-in-Fact) (P)815-4244 488 PRTD. USA No. 201-044- 000445 • EMPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau,County of Marathon,State of Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint I INDA FRANZ its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF FIVE MILLION z DOLLARS ($5,000,000). a w CC and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said CC attorney-in-fact may do in the premises. Q This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a w meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect: a_ "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF Q WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying H the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Z Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be, and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach w thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." O "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU 0 A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile,and H any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding w upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." /1� W IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be v signed by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day Z of AUGUST J9_37_ to _ ,.: EMPLOYERS INSURANCE OF USAU A Mutual Company pip Z u- +�:�p,M,,,F 1AE Jt By le '' R.C. Retterath Senior Vice President W Z Attest: CC 0 / i QR.J. steman Assistant Secretary w STATE OF WISCONSIN ) O I ss. CC COUNTY OF MARATHON I w On this 1ST day of AUGUST , 19 87,before me personally came OR.C. Retterath ,to me known,who being by me duly sworn,did depose 0 0 and say that he is a senior vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate Q seal and 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. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year herein first above written. Q H 0 z - - a , 1 0 U) Patricia A. Kleman Notary Public = NOTARY PUBLIC H STATE OF WISCONSIN '`'�,-•N*t`= STATE OF WISCONSIN 1 .t e MY COMMISSION EXPIRES JUNE 3, 1990 •. CITY OF WAUSAU 1 ss. _*�.„,..-...;..�` COUNTY OF MARATHON 1 CERTIFICATE �� I. the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,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 still in force. Signed and sealed in the City of Wausau,Marathon County,State of Wisconsin,this 31st- day of May , 19 89. a SEA R. J. Besteman Assistant Secretary 'AA1.f/II10® CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 06/22/89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ALEXANDER & ALEXANDER, INC. COMPANIES AFFORDING COVERAGE 701 CHERRY STREET P. O. BOX 1204 CONTINENTAL CASUALTY CO. (CNA) COMPANY GREEN BAY, WI 54305 LETTER A CODE SUB-CODE COMPANY B r- LETTER ��;, ff;_, (r INSURED 14 ik j 1 MCC INCORPORATED COMPANY 0 r. CLERK'S_.....»�....,...�.. 1911 W. WISCONSIN AVENUE LETTER C+ i ), APPLETON, WI 54914 COMPANY 1 I Jilt,' 2 3 1909 LETTER D _....�,....�.�........._...,...- .�... ��.�, a COMPANY E CITY . F.7!(-_-,i_ LETTER COVERAGES THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) AGENERAL LIABILITY CCP000055269 08/01/88 08/01/89GENERALAGGREGATE $ 1000 X COMMERCIAL GENERAL LIABILITY LIMITS SHOWN ARE PRODUCTS-COMP/OPS AGGREGATE $ 1 000 X CLAIMS MADE X OCCUR. THOSE IN EFFECT AS PERSONAL&ADVERTISING INJURY $ 1000 X OWNER'S&CONTRACTOR'S PROT. OF POLICY EACH OCCURRENCE $ 1 000 X CONT RCTUAL L I AB I NCE PT ION. FIRE DAMAGE(Any one lire) $ 50 MEDICAL EXPENSE(Any one person) $ 5 AAUTOMOBILE LIABILITY BUA400055270 08/01/88 08/01/89comBINED I SINGLE $ X ANY AUTO LIMIT 1 000 X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EACH AGGREGATE EXCESS LIABILITY OCCI�,RgF,(JE A X UMB500485601 08/01/88 08/01/89 $ N�[1IIIQQ Idd $ 2000 OTHER THAN UMBRELLA FORM STATUTORY A WORKER'S COMPENSATION WC200055271 08/01/88 08/01/89s 500 (EACH ACCIDENT) AND $ 1 000 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 500 (DISEASE—EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CONTRACT #89-10 CERTIFICATE HOLDER CANCELLATION 000107 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF OSHKOSH MAIL 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P. 0. BOX 1 130 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OSHKOSH, WI 54902-1130 LIABILIT OF A(JY KIND ON THE COMPANY, ITS AGENTS OR F(EPRE*3ENTATIVES. AUTHORIZBO PEPRESAAIW <"`,f• ©ACORD CORPORATION 1988 1 ACORD-25-S(3/88) --- - --. -._ — — b 11010010 .' (: 62--,)=J , CHANGE Or'2Dr"1 NO. 1 TO: MURPHY CONSTRUCTION COMPANY DATED: May 16, 1989 1911 W. Wisconsin Avenue Appleton, WI 54914 Your present contract with the City of Oshkosh, Contract DTo. 89-10 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 DELETE SIEWERT TRAIL FROM ASPHALT PROGRAM, AND ADD 125' ON PRATT TRAIL Original Bid Total , Section I , Asphalt $96,279.25 Delete by Change Order #1 - $21 ,273.99 Added by Change Order #1 + $ 6,687.77 REVISED SECTION I - ASPHALT PAVING = $81 ,693.03 Original Bid Total , Section II , Storm Sewer $ 8,595.00 Deleted by Change Order #1 - $ 6,687.77 REVISED SECTION II - STORM SEWER = $ 1 ,907.23 REVISED CONTRACT TOTAL = $83,600.26 Recommended: CIT OF OSHKOSH BY1 Oe‘<-' 42,X4v, Director of Public Works City Manager , Tiq4J) - Wd) City Clerk Appro - =nd accepted: 411,41111Mar'0° ontractcr I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within Change Order. ka.L4l Comptroller Ap. oved a-,moo f•rm: 4■11A4. ) AL—At City Attorney QUANTITIES DELETED BY CHANGE ORDER #1 ASPHALT PAVING - SECTION I UNIT PRICE TOTAL 1 . 1 , 114.2 sq.yds. of pavement removal , $ 4.00 $4,456.80 2. 439.8 cu. yds. excavation $ 5.75 $2,528.85 3. 861 .5 lin.ft. 30" curb & gutter $ 6.75 $5,815. 12 6. 564.4 tons crushed stone base course $ 5.80 $3,273.52 7. 171 .2 tons asphaltic conc. binder mat. $19.73 $3,377.77 8. 85.9 tons asphalt conc.surface mat. $21 .21 $1 ,821 .93 $21 ,273.99 STORM SEWER SECTION II 12. Furnish & install 105.8 lin.ft. $18.00 $1 ,904.40 13. Furnish & install (1 ) inlet casting $600.00 $ 600.00 14. Furnish & install (1 ) inlet w/o casting $375.00 $ 375.00 $2,879.40 Total Deleted = $24, 153.39 QUANTITIES ADDED BY CHANGE ORDER #1 ASPHALT PAVING - SECTION I 2. 109 cu. yds. excavation $5.75 $ 626.75 3. 344 lin.ft. 30" curb & gutter $6.75 $2,322.00 6. 56 tons crushed stone base course $5.80 $ 324.80 7. 95 tons asphaltic conc. binder material $19.73 $1 ,874.35 8. 47.5 tons asphaltic conc.surface mat. $21 .21 $1 ,007.47 10. 484 sq.yds. pavement profiling $1 . 10 $ 532.40 Total Added = $6,687.77 6 '7 CHANGE ORDER NO. 2 TO: MURPHY CONSTRUCTION COMPANY DATED: February 2, 1990 1911 W. Wisconsin Avenue Appleton, WI 54914 Your present contract with the City of Oshkosh, Contract No. 89-10 , 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 MEASUREMENTS, AND TO CORRECT AN ERROR IN CHANGE ORDER #1 . Section II - Storm Sewer (at Fugleberg & Menominee Parks) Total Amount Added $3,808.37 Total Amount Deducted by Final Measurement - 111 .60 Total Added by Change Order #2 $3,696.77 Reco <� - d- • ° C Y OF OSHKOSH I 40 ,' te"e 1 By •'rec •r . •f Publ c Works City Manager ,7\--ryilizt) /&:/,tedJ) City Clerk Approved a accepted: 2,r, Contractcr I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within Change Order. Comptroller Approved as to form: ity Attorney Cll A W N IO-I a C7 .-- CO Q (D 7 w (D (D • p d r+ r(• -t,7 m O CD N r!•-• (n 7 0_ .• • (D C7 .'C) _• Q (D 7 'G w m v Cl CD --I (D C7 7 w c+ • a o In o (D (D w -5 () CD 0 (A x C N (P A a 1 Z Z O 1 O N (7-I mr-. Da o.. m C) o(n x m a D31 m o �� rn O A m m O• N N c Z N (1) OD a N 1 -i 0 I 0 0 -ia n (m z <m -i v > a n • O I I I 1 Z m QD W1 1 I I C7-I VD rn m o o a.. o (n T (D m C) m (D o CD I I CT m Vl 1 I 1 N) .Z)C7 CD m m a Cu m ER ER ER C C-) 1 CT Z O CTI I O -.C/) o I o 0D -4-( 0 0 0 0 0 0 EH I I I ER C7 C7 1 I I O m I I 1 • A C) C) a n o O (-)(n -1 m v A C) m I I I I I C)••• I I 1 O Z I I Z C7 (X, i m D.•s C)(11 -I m v--. 7z C) ni 1( l 1 %7� V Valley Bank 50 PEARL AVENUE.PO.BOX 948.OSHKOSH,WISCONSIN 54902 09/1P, FH. .I.li I.11,11 2 `,•.'.UU 4anuary 18, 1990 Mr. Jerry Konrad Director, Public Works City of Oshkosh P. 0. Box 1130 Oshkosh, WI 54902 Dear Jerry: Enclosed is the signature card for the MCC, Inc. and City of Oshkosh Certificate of Deposit. Please have an authorized person sign on the card and return it to the Bank in the envelope provided. Enclosed is a copy of the Certificate. Interest earned will be in favor of MCC, Inc. and will be reported to the IRS under their Federal I.D. number. Thank you for your cooperation in this request. Sincerely, . Thea R. Irwin Loan Administration Officer Om Enclosures N C. K w a) y m m CC 1 • > m 0 I • - m c c Z 1 . t 1: 1 t C7 N lE] m to• m O . ; ,I I �'� N • D to m . ¢ Q tnv � f`7 m o al Oz t. i. 3 m CO .I►- •C C5 _ N ; a r • CT) Z Z O t — CO 3 f ;;. F- Y c CD z CU -0 O - Em 1 V U Q V i m m ay "��p a fn U co 0 ` al m c 0 L mi fit 3 C'D VI • .:i :E E y .'' oAm ci L1J a Cq at -c- ai 0 co 0 F— ,v T3 ,no m . " . U Z v 0vw U1 W m _ 0m ' • • a) Y — y a T O _ _ t . r m , m c C J IV w ..Y 3 a -. 0 , � u ~O co • fA U ¢ ro o D mm � a`�i Z OD 3 .-i IV) o m •o 0°, LLD Z ' Y. > � dpi v 13 CD avm •-• C Z Ni, J ° 02 in vl —_ o Z o o �; `° _ >- "3 < CI m o` 2 a�� . i t .; N O W c $ m`°� m � E . '' "•' i T m �_ww • • © 6- c > CL . .':... z O Z m E c c t n N V Lll ai N cn a i w CO is O ►>� 1° F— m E .. �-� a. Ul Lt_ m m c m•a 2 co • Z N_ U 0 m aY w p d y=. Lo a c • ,. \a [n ra 0rmccoco ,o w rd -, u u,c 0 m ; 2 O L cd ''-! m w fJ T••�Q U c•�� 0 W �r 7 H u-1 ' LZiI a w m ' h V. m w �••: 1 y LL • m 0213aa) EVc cc v • lr3 m 3 u l Lti cc E. . m - 7 Z c ti U Ja •,, • 'ti r' U 0 ti E com � mm Z �o w L O C m mEcO� N °c Q H s • co 6 a i. a I F- E Q c'•• O �L•f L i 1 �i _ �t N ... t •t c t . i j.,• j f s t f • • • • .t' .1- . ■• .a V I 1\J C)N C CD IFI L F . .J C `I I C)N C _ _ _ Road Contractors Equal Opportunity Employer FAX 414-682-2838 P.O. Box 1987 2705 N. Rapids Rd. Dial 414-682-0375 Manitowoc , Wisconsin 54221-1987 January 19 , 199U City of Oshkosh 215 Church Avenue Oshkosh, WI 5490.1 Attn: Mr . Gerald Konrad Re : Contract No. 89-04 Concrete Paving Gerry, The enclosed papers will substantiate the money which MCC, Inc . has deposited in the Valley Bank. This deposit was placed to satisfy your requirements on Contract 89-04 . If you have any questions concerning this matter please call me at 414-682-0375 . Sincerely, VINTON CONSTRUCTION COMPANY James J . Naples Vice President JJM/dk Encl . • At ;li,`11 1' �l t i .�, . ' MURPHY CONCRETE AND CONSTRUCTION CO. ,I ; 1911 W. WISCONSIN AVE. APPLETON, WISCONSIN 54914-3196 '+ i ! 4 PHONE 414/734-9295 January 18 , 1990 Vinton Construction Co. 2705 N. Ranids Road P.O. Box 2087 Manitowoc, Wi . 54220 ATTN: Jim Maples Re: Koehler St. • Oshkosh Dear Jim, A check was deposited at Valley Bank, Oshkosh, in the amount of $10 , 500 for the replacement of approximately 300 Lin. Ft. of Koehler, if deemed necessary. This deposit requires the approval of MCC , Inc. and the City of Oshkosh. After 10 years, commencing October 1989 , the deposit plus interest will be returned to MCC, Inc . Enclosed, please find a copy of deposit. Hoping this meets with your approval . • Thank you, ' &'6%..g"geg,,,P r' ' Walter A. tahl ENCLOSURES UAS/pae Divisions: Murphy Aggregate ` Murphy Construction Valley Ready Mix Brick & Supply Landwehr Materia iq 1 AA,irnhv 11:2InnL/.... ..... i_ r. Valley Bank 50 PEARL AVENUE.PC BOX 948 OSHKOSI I WISCONI,IN n4902-09.18 r4; ; January 11 , 1990 MCC, Inc. Attn: Gene Otto 1911 West Wisconsin Avenue Appleton, WI 54914 Dear Mr. Otto; Enclosed is Certificate of Deposit No. 011632 dated January 9, 1990. The term of the certificate is three (3) months , and will automatically renew until such time as you withdraw the funds. Also enclosed is a signature card which should be signed by an authorized signer of MCC, Inc. , and returned to us in the envelope provided. I will have the City of Oshkosh sign the card and it will remain on file at the bank. We appreciate your company placing the deposit with us and should we be able to meet any other of your banking needs, please contact us. Thank you. Sincerely, I ) Thea R. Irwin Loan Administration Officer ABM Enclosures P/ l L, ,;li