Loading...
HomeMy WebLinkAboutPW CNT 89-23 Cliff Navis 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 CLIFF NAVIS COMPANY of McFarland, WI 53558 , 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. 89-23 for smokestack renovation at Rochlin Park , pursuant to Resolution 185 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 $14, 200. 00 , 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 CLIFF NAUI C,f P4N - y: 'O lit-kW, 42.----1-- 4 L(Seal of Contractor S � (S•e ify Title) if a Corporation. ) By: _ .' M& Q \._. ,Q t\;;, L ,.:cc' - .t•c A ) �- (Specify Title) CITY OF OS,HK(/SH By: d' c`‘. ! ' L`-'` w% All ` ' . !� a William D. Frueh, City Manager Wi- r -ss) ■ 7 � a I �/7 z�,,�� ( ' ' And: !�1 I (/ Id ,/ (Witness) ionna C. Serwas, City Clerk A''"OVED: I hereby certify that the necessary pro- visions have been made to pay the lia- bility which will accrue under this con- ', 4.1 Ill*'4 V tract. City , torney City Comptroller 3 Capitol Indemnity J1\„ ila.t t1 • Madison, Wisconsin •iv (a Stock Company, organized under the laws of Wisconsin) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That CLIFF NAVIS COMPANY, 4219 Triangle Street, McFarland, WI 53558 (Name and address of the Contractor) as Principal, hereinafter called Contractor,and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh, Oshkosh, WI (Name and address of the Owner) as Obligee, hereinafter called Owner, in the amount of Fourteen Thousand Two Hundred and no/100 Dollars ($14,200.00 ) 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 entered into a contract with Owner for Smokestack renovation at Rochlin Park in accordance with drawings and specifications prepared by (Full name 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 per. form 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 submission to Owner for completing the Contract in accordance with its terms and condi- tions, and upon determination by Owner and Surely of the lowest responsible bidder, arrange for a contract be- tween 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 Contractand 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 Owner. Signed and sealed this 11th day of July A.D. 19 89 (SEAL) Witness( .e C 1.�..,ti<_.� v .. I P t-ysa (SEAL) (Principal Vice-President (SEAL) (Title) CAPITOL INDEMNITY CORPORATION a WisconsCorporation, (Surety) "�. j�t.._rC _. By <.J FORM AIA DOC. #A_311 CONT. 202-5-,60 Capitol Indemnity y ^ ,►_ � (v\ Madison, Wisconsin 1)(�l11 (a Stock Company, organized under the laws of Wisconsin) • '.."..1 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That CLIFF NAVIS COMPANY, 4219 Triangle Street, McFarland, WI 53558 (Name and address of the Contractor) as Principal, hereinafter called Principal, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh, Oshkosh, WI (Name and address of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Fourteen Thousand Two Hundred and no/100 Dollars ($14,200.00 ), (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 entered into a contract with Owner for Smokestack renovation at Rochlin Park in accordance with drawings and specifications prepared by (Full name and address 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 the 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 con- ditions outlined on the reverse side of this bond: Signed and sealed this 11th day of July A.D. 1989 (SEAL) 2 411 k Witty ��Kc_-•�..�-,A> 7., -'�� � (E' j _ ► +N►_ (SEAL) / (Principal) Vice-President (Title) CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, (Surety) W i to C,,,/,-.., , ,k-/ <7 "e_ g v ✓ +�" L�' 4_ . ! 7P-Z < f . . c . Y ..I . FORM AIR DOC.*A 311 CONT.203-8/61 INDEMNITY CORPORATION POWER OF ATTORNEY 252413 KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint HELMUT A. KEITEL OR ROLF ETHUN its true and lawful 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 bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of NOT TO EXCEED $500,000.00--- --- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the follow- ing Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th 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-fact, 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 may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or 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 cause, 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 1st day of August, 1973. Attest: 141) CAPI • NDEMNI CO RATI N Secretary •"' awl,- "I STATE OF WISCONS60/ President ) SS. COUNTY OF DANE ) On the 1st 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 INDEMNITY 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; thui it was so affixed by order of the Board of Directors of said corporation and that he signed his name theretoby like order. ft sent, % /- ow STATE OF WISCONSIN ) s Ott"` 4` • SS. .4"0 otary Public, Oane 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 now in force. Signed and sealed at the City of Madison. '• ed the /1 day of ,19 )S 'I / 7 C James P. Bigl/Vice-President - ' , Ai Cliff Navis Co. .4 4219 Triangle Street - ..,M THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW E AVE E3,EEN Itf.SIJED 1',9 ITN:1,E E.,,A,I.),SUPED.EN AeiMiED ,4At..13:.0,p,Mr.„.cyoR,THE EOt ICY ,'ER100 INDICATES). , :„,,,-,•;`,,, NOTWITHSTANDING ANY REQUIREMEN1,TERM OrR,CONDITIOYNi?Et At.t.y,,..:ty.t.t,,,t,r7tt,,A,,.:TI...)H,,E,,i,t-ctrt,i , ,'Ct..LI.7.-ps,,_,,y-t,s,„ • E D WHICH.'THIE CERTIFICATE MAY J. 1000 1000 t": '4W1 1 ,f,tri SHOULD ANY OE THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Ex ,tt,tx.,,,,,, City of C8hkash ,..-,113/%-rieN DATIt 7HEREOF. THE !SSUING COMPANY Wit!. ENDEAVOR T.:, MAIL DAY; A/RITTEN Nc,TICE TO THE CERTIFICATE HOLDER NAMED TO THtt'-'. „Ittt!.1';' C8hlosh, WI L EFT.HOT IsAILURE tr 0 MAIL SUCH NoTicE SHALL IMPOSE NO OBLIGATION OR LIABILr v ' OF ANY' KIND UPON THE Ct-';)mPANY. :I'S AGEN-rS OR REPRESEttrATIVES i CHANGE ORDER NO. 1 TO: Cliff Navis Company, Inc. DATED: October 2, 1989 4219 Triangle Street McFarland, Wisconsin 53568 Your present contract with the City of Oshkosh, Contract No. 8�— , 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. ) SMOKESTACK RENOVATION @ ABE ROCHLIN PARK Add: Furnish & install galvanized steel cap and all accessories. This includes angle supports, a 2' x 6" x 4' vent w/screen about 18' from ground level . The light will be mounted to the side of the chimney. City to furnish hardware; contractor will anchor it to the stack. For the sum of $1 ,700.00 ecomme : CIT CF CST KOSH 1.4 By: 7 h c.,r. II rector of Parks City Manager k ' , (ii ' 'i 11 City Clerk .roved a ua^c pte ° �� c 'k Con tor 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. ;r1_,LS` Vic'. Uta- - Comptroller Ap,• oved as to form: City Attorney PHONE AREA CODE 608/222.1331 CLIFF NA V I S COMPANY, INC. = Highway 51, 1 mile South of Madison 4219 Triangle Street = & Hwys. 12 & 18 McFarland, Wisconsin 53558 = e:elelegg Re.stirtestzeue e4:OtaCd444 WORK ACCOMPLISHED FOR: AMERICAN MOTORS,KENOSHA September 26 , 1989 ANCHOR SAY. 8 LOAN,MADISON APPLETON SEWAGE PLANT BARABOO CIRCUS WORLD MUSEUM BEAVER DAM PUBLIC LIBRARY BELOIT FOUNDRY City of Oshkosh BELOIT LUTHERAN CHURCH BELOIT SAVINGS BANK Parks Department CENTRAL WISCONSIN COLONY P . O . Box 1 1 3 0 CHRIST CHURCH,CHIP.FALLS CITIZENS BANK,JUNEAU Oshkosh , W I 54902 COUNTY COURT HOUSE, CHILTON COUNTY COURT HOUSE,JUNEAU DEL MONTE CORP.,MARKESAN ENGER KRESS,WEST BEND Attention : Boyd Kraemer EVANSVILLE BANK FIRST WIS. BANK, MADISON FOND DU LAC COUNTY GARAGE FT. ATKINSON UNITED CHURCH Re : Abe R o c h l i n Park GENERAL TELEPHONE COMPANY GREEN BAY COURT HOUSE Smokestack R e n i v a t i o n 89-23 GREENLEE BROS.TOOL COMPANY HOLY NAME SEMINARY, MADISON INTERNATIONAL SALT COMPANY INTERPACE CORPORATION KEWAUNEE SCHOOLS Dear Boyd , KIEL SCHOOLS LA CROSSE SCHOOLS 1 989 MADISON AREA TECH. COLLEGE Per our conversation on September 26 , 1989 } he following is our recommendations on a MARSHFIELD METHODIST CHURCH MEDUSA CEMENT, MILWAUKEE G a l v a n i z e d Steel Cap . MENDOTA STATE HOSPITAL MERRILL MUNICI PAL POOL We are proposing a 22 gauge self venting MONROE POST OFFICE galvanized cap . There is still a need for angle MONTELLO PRODUCTS COMPANY NORTHERN ILLINOIS UNIV. supports w h i c h w i l l be i n c l u d e d . A l s o the o r i g i n a l OSCARMAYER & COMPANY drawing referred to a 21 -611 x 41 -011 vent with OSHKOSH FIRST CONG. UKEEC" PABST THEATER, MILWAUKEE Screen about 18 ' from ground level . This will also PA PENDARVIS HISTORIC SITE be installed in galvanized metal . As discussed with PORTAGEHOSIERYCOMPANY Mr . Larson and yourself , the light ht will be mounted R•WAY FURNITURE COMPANY Y g RACINELUTHERANCHURCH to the side of the chimmey . City to furnish hardware . ST.JOHN'S 'S, FOND PRINCETON We will anchor it to the stack . See the enclosed ST. PATRICK'S, FOND DU LAC ST. RAPHAEL'S, MADISON drawing . SHEBOYGAN SCHOOLS SIOUXCITY (IOWA) BANK Furnish and install Galvanized Steel cap and all SIOUX CITY CATHOLIC CHURCH SOUTHERN WISCONSIN COLONY a C C e S S O r i e$ . STATE OFFICES, EAU CLAIRE STOUGHTON COMMUNITY HOSPITAL For the sum of : $ 1 , 7 0 0 . 0 0 . SUN PRAIRIE SCHOOLS UNIVERSITY OF ILLINOIS UNIVERSITY OF WISCONSIN V.A. HOSPITAL, MADISON VILLA LOUIS HISTORIC SITE Si ncere , WATERTOWN CITY HALL `� WAUPUN CHRISTIAN REFORMED \ WAUSAU POST OFFICE WAUSAU SCHOOLS WEST BEND COMPANY Ben L . N a v i s WEST BEND COURT HOUSE WEST BEND UNITED CHURCH WHITEFISH BAY ARMORY B L N : p f h WILLIAMS BAY SCHOOLS Enclosure WISCONSIN RAPIDS SCHOOLS WIS. SCHOOL FOR THE DEAF MANY OTHERS If you have any questions , please do not hesitate to call .