HomeMy WebLinkAboutStrey Construction Co CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 7th day of July, 1989, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY, and STREU CONSTRUCTION COMPANY of 2004 -
14TH ST. , Two Rivers, WI 54241 , 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. 89-17
for concrete paving and underground work (School Avenue) for Public
Works Department , pursuant to Resolution 184 adopted by the Common
Council of the City of Oshkosh on 6th day of July, 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 $208 , 010. 05 , 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 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
STREU CONSTRUCTION COMPANY
J.._ 3 iL/
,..,"1--, „....4.- 2.,u j
By: r�� :;-..
rzsid,nt
( 1 of Contractor (Specify Title
if a Corporation. )
By: — _
,.J ,re. c '
(Specify' Title)
CITY OF OSHKOSH
ns Li b t r " Wiam D. Fru eh, City Manager
ger
(Witnes
0 (� P ( / � /' �And: ? 1 • J !i(0 !/)
(Witness)
Donna C. Serwas, City Clerk
APP'OVED: I hereby certify that the necessary pro-
,
111 I visions have been made to pay the lia-
bility which will accrue under this con-
.40-t_ .�!�.. tract.
City ,tto ney � '.
City Comptroller
3
Bond No 302__5$__972
Fidelity and Deposit Company
110515 OFFICE OF MARYLAND BALTIMORE,1111), 21203
Public Improvement
Performance/Labor and Material
Payment Bond
THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
TO SECTION 779.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO.
KNOW ALL MEN BY THESE PRESENTS:
That - Go ls_t_ c.t.igx>.. o, BA_Q.t..J3ort;.2l3.,.. 13.1.N2r5.,..
54241 (Here insert name and address or legal title of the Contractor)
as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the
State of Maryland, with its Home Office in the City of Baltimore, Maryland, and duly authorized and licensed
to do business in the r State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto
��.. }
(Name and address or legal tide of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount
of Two hundred eight thousand ten and 051100
Dollars ($.2Q$.><QlO•Q?r.-.),
(Here insert a sum at least equal to 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 July 7t ,,,,,,,••,,....,.,. 1989 , entered into a
contract with Owner for.�llxX�..�AXk.S..siAri1:t:3G1:_.�0�...1��: .7..0 SChaa�..Ax�nuG:�*..QSIIIGQSh*..W�
in accordance with drawings and specifications prepared by.ishe..City..gf..Qshkash,..W.scRrisin
(Here insert o full name,title and address)
which contract is by reference made a part hereof and is required by Section 779.14, 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 mak-
ing the public improvement or performing the public work, including, without limitation because of specific
enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus,
tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, pre-
miums for workmen's compensation insurance and contributions for 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 779.14, Wiscon-
sin 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 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 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 one year after the completion of work under the Contract, any party in interest
may maintain an action in his own name against the Principal and the Surety upon this bond for the
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 distributed among the
parties pro rata.
Signed and sealed this 11th day of July , 190
In the presence of:
Streu Construction Co.
By e :..r�" Principal (SEAL)Title: Pre • ent )
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
• Surety
Lt(4- By.. (SEAL)
Witness Titi : Attorney—in—Fact
In the presence of: Approved by*
.
Owner
C e. 4zthw} By (SEAL)CL-6721‹. Witness Title: M liV/1 G-e7Z
This bond shall be approved in the case of the state by the state official authorized to enter such contract, 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.
(3018a(WI)-500.9-84 220441
Formafy Wi,3)l8b
Public Improvement Performance/LaborMsterial Bond
Wes_AIA Doe.Wis.A312 Jan.1969 Ed.
(, c
61(-1 11
CHANGE ORDER NO. 1
TO: STREU CONSTRUCTION COMPANY DATED: February 2, 1990
3612 Lincoln Avenue
Two Rivers, WI .54241
Your present contract with the City of Oshkosh, Contract No. 89-17 ,
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. )
SCHOOL AVENUE CONCRETE PAVING & STORM SEWER - To correct quantities from
"estimated" to "final measurement"
CONCRETE PAVING - Section I Total Increase to Section $1 ,245.63
Total Decrease to Section ($5,670.69
NET DECREASE TO CONCRETE PAVING ($4,425.06)
STORM SEWER - Section II - Total Increase to Section $ 833.17
Total Decrease to Section $ 535.92
NET INCREASE TO STORM SEWER $ ij4;x1-0(/ $ 297.25
Aeco t3inded: CI OF OSHKOSH
. 4. - _4 „e.Gr' By: % ' +
irector-0 fuclic f . ks City ?Manager
City Clerk
Approved and accepted
C
X (�- . `k .1
>j-----
c ntrac to
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.
cl
Q1 Sk -
Comptroller
Ap roved as to form:
(I(
City At orney
Z■-■
N -+ O CO CO V CT Cn A CO N C-1
OD 3
M
M
-0 m v In CO CA) O, CO CO V CO V V m y in to V
(D X Cu .0 - _ = = O (D = ID = X ID •--• .0 Cu
1 <- < • h = -1 -1 n an • <
7 CD `-< C CS C) C] 7 7 a 0 (D c< (D
,-+OF a a s - o o n (n o in o < < f o•a (n CD
0 (D cf. D 7 c 0 7 d 7 a a s • (D m m
7 (n 7 7 C n n '1 • I • I C+ D C7 CO
(-I- C+ 0 2 -1 -1 CT << '1 -C ) - 7c• C f -I C7
0 C CD CD 0-CD 0.(D 0 70
7 C+ N 7 C+ rh R. 7 1Z3 R'° '1 O
(D O (D CD 7 = (D (D 2
(D C+ C (Cl -h --h -S O 3 -1
CS cn -Y In In (n C • V -S 0 I-1
Cu Cu ,-I- CD (n < O
In 7 (1 d 0. (-F n n -s .O < Cu i 2
(D (D N -1 as CD (D 0 0 • (p
(D •"• f E 7 7 7 n -h f - CD
n n C+ < Cu CD n n C C+Cu CD
0 (D '< V 2
C 0 f 7(- 7r 'V CD O
'1 7 Co - (D V V •< 7 CD
in - << 7 OF a n m
(D - -a -o < < • ---I
77 (D CD CD CD m
CD -0 7 CD CD
-S CD 7 CD (D
-5
in (n 7 7 D
y, r+ C+ C
In C+ -.
V -h -h • z
• c-F C+ ,CD
Cl
Cn V Co V .o CD
N -.. C.) O Co Vl O, yA ? D.Z
CD in --,• O CO O Cn Co N V O O Z-I
O (71 CD 01 O O 01 O Cn Cn O O -1 A
•--•D
-1 c-4
S
D
Z
Z 01 V CJ V -` /O•-+ O
M NJ .. _ - - - ^'
-1 -` N CO CO - A N Ol W D in O
01 A A O A 01 A N - to V 2-I 7:1
C7 _ W C.1 CT V CO 01 N V A -1 D O
(" r- m
C) V -4 I- 73
Tl CO -1 m
m o
D
in
m
1
-1 I I I N -` I 1 I N 1 •---c Z CD .
O I I in I A A I I I CO I Z fn O
I 1 Co I V CO •-•• 1 1 I 1 C7-1 2
C7 • • • T7 --1
O O C) O O O m 0 77
Z D.. D
Cr) m n
70 m m --1
M m
-I 70 M I I 1 I A I Cl m CO
Co CJ 1 (Cl I I 1 CO Cl I N m z 1
CJ N I C I I I CO Co I CO C7 CD
D V
C C)7 O O O O O O m m
N D
Z N (n
C7 m
ER ER •R ER ER v+ ER ER ER - ER ER c 0
Z O
al O CO V • O CO CO (n N N
• O N A W V O V CO CO V
N O 01 O O O O ON CO CO in 01
EA ER
ER R ER ER V+ ER V O C A 01
N O m
A CO I 2 O
N V N CO I .P I 1 I ---•• V Cl I -1.Z7
01 O O N I Co I I I Cn Co Co I V .T7(n
O I 01 I I I (XI V CO D D
O ° CD O Cl O Cl CT V -1 m
CT CO Co O O CO A in U1
v•-.
70 Z
C)
M
-69. ER ER ER ER 1 1 1 ER I CD I--•
I 1 I O Z
I I I I Z C1
N I I A I A N -1 A
A I I Co I A co O 77 m
in I I V I A - CD D D
CD CO
CT Co Cl Cl O CO -1 m
CO CO C) O O 01
v•--■
X z
CD
M
V rn C21 C-i
• 3 m
co 3
co 23
m
m
c)
-A
CD
• cn oo I o
a c+ o = m
N 0. = V) V1
c+• N
Vl c+ O A
7 -i c+ 0 PO
0 c 0 -3 3 v
- ., -S -1
CD (1)
D (n m O
N - (n (D
(� CD E m
•-■ f C
CD -1
- -3
(D
CD
CD )
•
• n
c+
c+ •
7
rn _ c_O
-1 _ Dz
N V O Z-i
si
z —1=
C, iC)
7O <-4
m
C/7
m
N
i fJ 1--+
O Ill O C Z
20 A CO >V/
Z-1
V A -D
VI r
rn -i r
E <m
rn p
1 W 1
I V I
1 I (7 Z
70 m
M-
a
(o
rn..
T
I p m
m.Z)
O 1 Cl C7 rn
M
m rn
m
C/1
m
01
(n ) ts+ c
CD
C
N Z
O N • -A(n
_
• -A
O C
O O O
EA M ' - :)O
(T1 (n O m
W I N Z C7
Ul O 1 (T1 -1 7:3
TJ m
O (o n D
N O N C')co
-i m
v
7
C)
m
b4 {R I fA I •-•
N O O I O
l0 W I CO I Z C)
V W (.J -I:V
_ _ Ian
N D D
(n v V C)(n
-i m
✓..
�z
C,
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.
l
in/ jig
r
This is to Certify that l', '1 1 " - $ �'� V::;—�f r. r; ,R
�- � !'.1(- 4 6 ph: T :J'AL F,
Streu Construction Company, Inc. ♦�
me and
P. 0. Box 213 4-- apr q ` - �.,. +
2004 14th Avenue In ad '_1:77i.?1-,Q' ;
Two Rivers, WI 54241
is,at the issue date of this certificate,insured by the Company under the policy(ies)listed 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 cer-
tificate may be issued.
TYPE CERT.EXP.DATE* LIMIT
CI CONTINUOUS POLICY OF
OF ❑ EXTENDED NUMBER
POLICY LIABILITY
[ POLICY TERM
COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY
LAW OF THE FOLLOWING STATES', Bodily Injury By Accident
6-29-90 WC1-141-090128-019 WI $100,000 Ea.Acc.
WORKERS' Bodily Injury By Disease
COMPENSATION $100,000 Ea.Person
Bodily Injury By Disease
$500,000 Pol.Limit
General Aggregate-Other than Products/Completed Operations
6-29-90 TB1-141-090128-029 $2,000,000
Products/Completed Operations Aggregate
$1,000,000
J Bodily Injury and Property Damage Lability
CC
W $1,000,000 per occurrence
Z Personal and Advertising Injury
W>_ Personal MADE per persons
J
o I nErao DATE $1,000,000 organization
J
Q m Other
0<
cc::
W
t� OCCURRENCE
0
0
SPECIAL/EXCL.
ENDORSEMENTS
} ® OWNED 6-29-90 AS1-141-090128-049 $1,000,000 EACH ACCIDENT-SINGLE LIMIT-B.I.AND P.D.COMBINED
i_ EACH PERSON
jm ® NON-OWNED $as EACH ACCIDENT EACH ACCIDENT
J NJ HIRED $ OR OCCURRENCE $ OR OCCURRENCE
Umbrella Excess 6-29-90 TH1-141-090128-039 Exceeds $1,000,000 Limit
Liability
I-
0
t ATI ON(S oPE Cttl If A p1 A s DESCRIPTION F OPERATIONS:
y Y uSI pgb. & ! op¢ ce council members agent s employees and authorized volunteer$
Ball be aC it ono LnsureUs as,inLeiest appears, .n work,perorMefor the � y o L Os 11 co:r wi
hi
*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. Outagamie County by Liberty Mutual
NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR
Streu Construction Insurance Group
REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS Company, Inc.
60 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN
MAILED TO:
1
City of Oshkosh , / F, H ��1
P. 0. Box 1130 - ∎16- ' �I
CERTIFICATE Oshkosh, WI 54902 / t 1 AUT/'PRIZED REPRESENTATI� /
HOLDERS 71 7 89 'R EN BAY
DATE ISSUED OFFICE
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies. BS 772 R1