HomeMy WebLinkAboutPW CNT 89-25/Colon Wallace Const CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 18th day of August, 1989, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY, and COLON WALLACE CONSTRUCTION, INC. of
396 Ripon Road, Berlin, WI 54923 , party of the second part,
hereinafter referred to as the CONT1RACTOR,
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. 89-25
for Phase II renovations for Menominee Park Restroom Building ,
pursuant to Resolution #242 adopted by the Common Council of the City
of Oshkosh on 17th day of August, 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 $16, 265. 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) Procress 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
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 the Presence of: CONTRACTOR
COLON WALLACE CONSTRUCTION, INC.
aDeb&rary By: .27-iP "�-
, Terry . Wallace
Vice President
(Seal of Contractor (Specify Title)
if a Corporation. )
By:
(Specify Title)
C,,0ITY OF OSHKO
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. 1 )1r •
By: m k
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William ia D. Frue , C Manager
Wit 'Iss)
N+1,124 P(Lit o) And: G 1//t a) 61,,, ' 4,
(Witness) Donna C. Serwas, City Clerk
APPR ED: ,. 1 I hereby certify that the necessary pro-
visions have been made to pay the lia-
t. --r' bility which will accrue under this con-
j ��, l , , tract. �-, ,�
City At or�h
City Comptroller
3
CERTIFICATE OF INSURANCE
mor Wausau Insurance Companies
2,i s, AtJG 2 5 '.3
..r ,
This is to certify that the insurance policies (described below by a policy number) written on forms it' usethy itasprupanyAaye been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend thellOpirag,i,a tggdbyeany:pohicy referred
to herein. -
Name and Mailing Address of Insured
P
COLON WALLACE CONSTRUCTION, INC. Producer No.: 1190
396 RIPON ROAD Office: OSHKOSH, WI
P.O. BOX 24 Date: 8-24-89
BERLIN, WI 54923 Region: OSH/W
L
CO. Policy ffective Policy Expiration *
Type of Insurance O. Policy Number Date(MO/DA/YR) Date(MO DAIYR) Unless otherwise indicated,this policy affords full coverage under the
Workers Compensation laws of all states(except states where coverage
Workers can be provided only by State Funds,and Canada)and as designated
Compensation** 3 0110 00 093690 08 01 89 08 01 90 in the policy and endorsements for Part Two(Employers Liability).
Liability Limits In Thousands(000 omitted)
Commercial General General Aggregate $ 1.000
Liability 3 0120 00 093690 08 01 89 08 01 90 Products&Comp.lops.Aggregate $ 1.000
Commercial Package or Personal&Advertising Injury $ 1.000
Trademark(Section II only) Each Occurrence $ 1,000
( )Claims Made ( X )Occurrence Fire Damage(Any One Fire) $
50
Products-Completed Operations:(X )Included ( )Excluded Medical Expense(Any One Person) $ 5
Owners&Contractors Aggregate $
Protective Each Occurrence $
Auto Liability 3 0120 02 093690 08 01 89 08 01 90 Single Limit-Each Accident $ 1,000
Bodily Injury
(X )All Owned Autos Each Person $
( )Specified Autos Only Each Accident $
(X )Hired Autos Property Damage
(X )Nonowned Autos Each Accident $
Each Occurrence $
Umbrella
Liability General Aggregate $
Retention $
Special Provisions/Locations/SpecIfied Autos:
MENOMINEE PARK RENOVATIONS
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 policy(policies)described above is subject to all of the terms,exclusions and conditions of such policy(policies)during the term(s)thereof.
*The entry of a number in this column means that the coverage is afforded by the company designated by the same number.
*Issuing Company No. 02.EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
Issued to: CITY OF OSHKOSH
• 03.WAUSAU UNDERWRITERS INSURANCE COMPANY
215 CHURCH AVE. 07.ILLINOIS EMPLOYERS INSURANCE OF WAUSAU
OSHKOSH, WI 54901 01.WAUSAU LLOYDS
ATTN: DONNA SERWAS 04.• Signed • 4. if,3444164.."
Authorized Representative
289 (S)80-324
CE�ITIFICATE OF INSURANCE COPY FOP TI_Ir INSURE-11:
sky •
Wausau Insurance Companies
This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred
to herein.
Name and Mailing Address of Insured
I P
COLON WALLACE CONSTRUCTION, INC.
Producer No.: 1190
396 RIPON ROAD Office: OSHKOSH, WI
P.O. BOX 24 Date: 8-24-89
BERLIN, WI 54923 Region: OSH/W
Policy Effective Policy Ex
Type of Insurance CO• Policy Number � y iration *Expiration Unless otherwise indicated,this policy affords full coverage under the
NO. Date(MO/DAlYR) Date(MOlDAIYR) Workers Compensation laws of all states(except states where coverage
Workers can be provided only by State Funds,and Canada)and as designated
Compensation** 3 0110 00 093690 08 01 89 08 01 90 in the policy and endorsements for Part Two(Employers Liability).
Liability Limits In Thousands(000 omitted)
Commercial General General Aggregate $ 1,000
Liability 3 0120 00 093690 08 01 89 08 01 90 Products&Comp./Ops.Aggregate $ 1,000
Commercial Package or Personal&Advertising Injury $ 1,000
Trademark(Section II only) Each Occurrence $ 1,000
( )Claims Made (X )Occurrence Fire Damage(Any One Fire) $ 90
Products-Completed Operations:(X )Included ( )Excluded Medical Expense(Any One Person) $ 5
Owners&Contractors Aggregate $
Protective Each Occurrence $
Auto Liability 3 0120 02 093690 08 01 89 08 01 90 Single Limit-Each Accident $ 1,000
Bodily Injury
(X )All Owned Autos Each Person $
( )Specified Autos Only Each Accident $
(X )Hired Autos Property Damage
(X )Nonowned Autos Each Accident $
$
Umbrella Each Occurrence
Liability General Aggregate $
Retention $
Special Provisions/Locations/Specified Autos:
MENOMINEE PARK RENOVATIONS
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 policy(policies)described above is subject to all of the terms,exclusions and conditions of such policy(policies)during the term(s)thereof.
*The entry of a number in this column means that the coverage is afforded by the company designated by the same number.
*Issuing Company No. 02.EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
Issued to: CITY OF OSHKOSH 03.WAUSAU UNDERWRITERS INSURANCE COMPANY
• 215 CHURCH AVE. 07.ILLINOIS EMPLOYERS INSURANCE OF WAUSAU
OSHKOi, WI 54941 01.WAUSAU LLOYDS
ATTN: DONNA SERWAS
• i . 4• /30LJ. ..
Signed "'
Authorized Representative
289 (S)80-324
"L Wausau Any correspondence in relation to,.' this bond should be directed to:
r ds �r Insurance Wausau Insurance Companies
1#1 Surety Underwriting
•� `°wLS 2000 Westwood Drive
t Companies Box 150
- v,...' $.'
3.' Wausau,WI 54401
PERFORMANCE AND PAYMENT BOND
Bond No 0150-15-093690C
KNOW ALL MEN BY THESE PRESENTS:
Colon Wallace Construction, Inc. , 396 Ripon Road, Berlin, Wisconsin
That - - - - -- – —
Company,
Em to ers Insurance of Wausau, A Mutual as Surety, are held and firmly bound
as Principal, and _ _P Y -- -- - - - -------_-
unto — City of Oshkosh, 215 Church Ave. , Oshkosh, Wisconsin as Obligee, in the full and just sum
of Sixteen Thousand Two Hundred Sixty-five and no/100 Dollars ($ 16,265.00 ),
lawful money of the United States, to the payment cf which sum, well and truly to be made,the Principal and Surety bind
themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS,The Principal has entered into a written contract dated August 18, 1989 _ with the Obligee for
Phase II Rennovation of Menominee Park Restroom Building _ — ---
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH,that if the Principal shall faithfully perform said
contract according to its terms, covenants and conditions and shall promptly pay all persons supplying labor or material to
the Principal for use in the prosecution of the work under said contract,then this obligation shall be void;otherwise it shall
remain in full force and effect.
Subject to the named Obligee's priority,all persons who have supplied labor or material directly to the Principal for use in the
prosecution of the work under said contract shall have a direct right of action under this bond.
The Surety's aggregate liability hereunder shall in no event exceed the amount set forth above.
No claim, suit or action shall be brought hereunder after the expiration of one (1) year following the date on which Principal
ceased work on said contract. If this limitation is made void by any law controlling the construction hereof, such limitation
shall be deemed to be amended to equal the minimum period of limitation permitted by such law.
Signed, sealed and dated August 23, 1989
4 C WALLACE CONSTRUCTION, INC._----iseall
/ (COLON (Principal)
♦
#A, i 1 ± — iR�i3
Deby ray (Witness) e7i+�/DES /9/ 7- ,UOp_ _ �-
02 S t/��/ � Pfes:,fe,�� (9 01 By Terry Wallace, Vice Presiders- (MI°
EMPLOYERS INSURANCE OF WAUSAU, A Mutual Compa
___,jSu rety) (Seal)
1\1;
1
(Witness) _
By
M. DePeaux Attorney-In-Fact
PRTD. USA
815-4305 12-82
No. 201-004- - 00092
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
M. DePeaux
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 TWO MILLION
FIVE HUNDRED THOUSAND DOLLARS ($2,500,000
z
O in t e corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with
w 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.
This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
cc meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect:
W "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
GE Q the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
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
o
z thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company."
"FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
LOW A Mutual 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 facsimile signatures and facsimile seal shall be valid and binding
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"
w IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
W signed by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 15th day
of November 19 80
Z WE- r! EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
V/ 4 CORPORAIg■A
Z I, _ ��
H SEAL id By =����!%tom �A
CC ' °d, R.D.Farnswort Vice President
jw Attest:
1 / lEdtital
O D.J.Borrell Assistant Secretary
QSTATE OF WISCONS )
)ss.
o COUNTY OF MARATHON ) lg 80 ,before me personally came
c� On this 15th. day of November
W
• R.D.Farnsworth to me known,who being by me duly sworn,did depose
O and say that he is a 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
a instrument is such corporate 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.
Q IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above
H written.
if
z Donna Lutzow * Notary Public
cf,— NOTARY PUBLIC
to STATE OF WISCONSIN
= MY COMMISSION IS PERMANENT
H
STATE OF WISCONSIN ) CERTIFICATE
CITY OF WAUSAU )ss.
COUNTY OF MARATHON )
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
23rd day
of August 1989 /i lilt■tIi
4,t-.7",;;-..--.. 61,14A 2-
p'OORPOR.TF Assistant Secretary
E, D.J.Borrell
=,.SEAL i
NOTE: IF YOU HAVE ANY Y QUESTIONS
FREE IO )NS REG (IN
NG THE WISCONSIN,CAYL(OR WORDING
472-0041). OF THIS POWER OF
TO
7
i
CHANGE ORDER NO. 1
TO: Colon Wallace Construction, Inc. DATED: October 11 , 1989
396 Ripon Road
P.O. Box 24
Berlin, WI 54923
Your present contract with the City of Oshkosh, Contract No. 89-25 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. )
ADD - RENOVATIONS FOR MENOMINEE PARK RESTROOM BUILDING
Replace wood door frame and applicable hardware
with metal door frame and applicable hardware $538.10
commended: CIT /OF OSHKOSH
Manager
Di. ector of Parks City ng er
ki. ivi i) ((,. 4.,.j,'4'?)
City Cleric
Approved and accepted:
See attached.
Contracts_
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
App oved as to form:
,vim . i
City Attorne,
t040
i7; Colon Wallace Construction, Inc. Simm1958
WIPP GENERALC0NT0ACT0R
AGREEMENT CHANGE ORDER
October 6, 1989 Page 1 of 1
Project: Menominee Park Restrooms Change Order #: 8900Y. 1
Project #: 8900v
TO James Larson
600 S. Main St.
Oshkosh, WI 54901
We propose to furnish material , labor , and equipment to
complete the following as specified below, per Boyd Kramer 's
request:
Replace wood door frame and applicable hardware with metal
door frame and applicable hardware.
ADD $538~ 10
The work covered by this order shall be performed under the same
Terms and Conditions as that included in the Original Agreement.
________ _ _
CHANGES APPROVED
.' ` .
Date " Colon Wallace Construction , Inc.
BV
396 Ripon Road • P. 0. Box 24 • Berlin, Wisconsin • 54923 • Phone 414-361-2464