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Home My WebLink AboutPW CNT 86-09/C.R. Meyer & Sons Co r CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 2nd day of May, 1986, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and C.R. MEYER & SONS COMPANY of 208 State St., P.O. Box 650 , Oshkosh, WI 54902, 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 . 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. 86-09 forOshkosh Riverside Park timber bulkhead wall and Menominee Park timber boat launch, pursuant to Resolution #47 adopted by the Common Council of the City of Oshkosh on 1st day of May, 1986, all in accordance and in strict compliance with the Contractor's proposal and the other contract documens 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 contract the sum of (See below.) , 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 Payment: Section A. Timber Bulkhead Wall Total $47 , 825. 00 Unit price for increase of wood pile length $10. 00 per vertical foot Unit price for increase or decrease of retain- ing wall area -- $ 2. 00 per square foot Section B. Timber Boat Launch Docks Total $18 , 508 . 00 Unit price for increase of wooden pile length $10 . 00 per vertical foot documents are on a "Unit Price" basis, the above mentioned figure is an estimated 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. 2 IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused 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 Ng �` -- By: (Seal of Contractor if a Corporation ) (Specify Title / By: 1_'�._''/ J/ .!i t'-,y-e__.. .,mss c) �i (Specify Title) � % CITY OF OSHKOSH .,/L( By: A I_ } ', \,_( ! ( �\ . ( \ t By: ?: /C.-- 4-!A-e::(--/__ (With ss) \ William D. Frueh, City Manager ;�,9zi�!'Al;' And: kt-11,'LLai �' t 1 L C le (Wit. : s) Donna C.Serwas, City Clerk I certify t at' provisi• s have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. Edward A. Nokes, City Comptroller Approlf n d as to r �� / ft War P . Kraft, `Asst , City Attorney 3 I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that . C. R. MEYER & SONS COMPANYx_. OSHKOSH,_ la5.t _01____ Contractor , as principal , and :,,.,4` THE AMERICAN INSUEANC.E CQI'gNY as surety are held and firmly . bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of SILTY-SJX_ THOUSAND EIGHT & N L1On - - (Dollars) 7] ($ 66 00$.00 ) to be paid to the Owner for which payment well and truly to be made we jointly and severally bind ourselves, our heirs, executors, administrators, i.A and assigns firmly to these presents. THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that • I WHEREAS, the said C. R. MEYER &. SONS COMPANY did , on the . 2nd day of May , _19.66, by articles that date, enter into a contract with the Owner for the _____4i iil.ILC.aIQl_C Q�:1Kati alIDILI _PARE_TIEBE i, BULKHEAD WALL 3„._.:, ____JUTIYIENSALUE_Eali UMBER BOAT LAUNCH DOCKS - CONTRACT NO $6-09 : ”. NOW, THEREFORE, if the said Contractor shall save and hold ;. _ harmless the said Owner from all Public Liability and Damages of every description in connection therewith , shall well and faithfully in all things fulfill the said contract , according to 4 all the conditions and stipulations therein contained , in all respects, and shall save and hold harmless the said Owner from and against all liens and claims of every description in ye connection therewith , including payment for all materials, labor 1': and equipment, then this obligation shall be void and of no effect , but otherwise, it shall remain in full force and virtue, 4.. and in the event that the said Owner shall extend the time for completion of the work or otherwise modify elements of the contract in accordance with provisions thereof , such extensions of time or modifications of the contract shall not in any way release the sureties of this bond. 3 . . . 1,, „ , , . it;„,, . . _ I . WITNESS OUR HANDS AND SEALS this 12thDAY OF May 191a. In th- Presence of : C. R. MEYER & SO COMPANY(SEAL) • fe 4 ' (SEAL) Principal THE AMERICAN NSUgANCE COkifiliNn 4-7,A E3X4c4HL'e-1" o-4-tte-e7- sEAL..) Surety ATTORNEY-IN-FACT I I -GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of New Jersey, and having its principal office in the City and County of San Francisco, California. has made, constituted and appointed, and does by these presents make, constitute and appoint JOHN R. SAWTELL, DANIEL D. HARMON, III and R. L. HARMON, JR. OSHKOSH, WI jointly or severally its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds. undertakings, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VIII,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966. and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President, Assistant Secretary.and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney• on any revocation of any power of attorney, or on any certificate relating thereto, by val d and b nd ng pon the Corporation 'revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall he,any IN WITNESS WHEREOF.THE AMERICAN INSURANCE COMPANY has caused these presents to he signed by its Vice-President. and its corporate seal to be hereunto affixed this 5th day of J u l y 19 83 t�.c.` ` THE AMERICAN INSURANCE COMPANY &"" "kfil&N�QOM By /� Vire-President �J�1 STATE OF CALIFORNIA, ss. CITY AND COUNTY OF SAN FRANCISCO } On this 5th y July I 83 da of Y 19 , before me personally came Richard W i I I I ams to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cor- poration described in and which executed the above instrument; that he knows the seal of 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. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written. ■uuulaluilluuuumwmuunDnauulDlOUI• OFFICIAL SEAL 3 SUSIE K. GILBERT s .- ,d2 NOTARY PUBLIC- CALIFORNIA F. CITY t COUNTY OF SAN FRANCISCO Nola',NMI,: My Commission Expires Nov. 17, 1984 CERTIFICATE ■111111/11111111118//11 /1/11MMtl/N/MMNIIII IMINIM STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO ss. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- - TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII. Sec- tions 30 and 31 of the By-laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in force. Signed and sealed at the City aad County of San Francisco.Dated the I 2th day of May . 19 $6 +`':••!c s ' '‘C?; '%*4—. r 'tice Co,, Resident Assistant Secretary 360711-TA-5-81 ' V V V ! . � ^ ' ' n V ' ' � ��`�i `� --`^---~~��~ � Of � �� m�N�� . ` ~ ` C� - - CERTIFICATE INSURANCE 5/12/86 - -- PRODUCER - -�-� �-' --- THIS ceR-IFICxrc/m/smu The Harmon Agency, Inc. � wo�o*rso�uwr*ccsmso^y�cm«'rcnup'm=o*mw�/umu*�' «mo�owpcna � ",�*. nvLu^w� .nscEm/~C^n DOES NOT mmswo P. 0. Box 44 mrcwocn ' Oshkosh, WI 54902 : -- ---� -�'---�---------------�-'-- ------------ COMPANIES AFFORDING COVERAGE ,COMPANY �� LETTER American Employers Insurance Co. INSURED - -- -----' BEmployers Insurance Co, O. R. & Sons Company --- -- - ---- Meyer ^"�,°'`` O oiaI Union Insurance P. 0, Box 650 Co. Oshkosh, WI 54902 oomp*wv --- -- --- LETTER 0 COMPANY LETTER E COVERAGES . THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED xnovsponr*sp worw/rxa`AwommANY ncou/ncwswr TERM oncmwomowop ANY CONTRACT on OTHER DOCUMENT w�*RESPECT rowm/C�fH^~~~~ °"�°="� } msIomusoonwAvpsnTmw.rxs/wauAAwcsxpponosoBvr*spouo/snoswomoso*sns/w/oousuccrroxur*srsnwo sxc�m��rnn�«rs*mv nowoopu000poLuoso. TERMS, ~~'~'`~'°""^"""'' ' _ __ ___-_-___-__'___-_ TYPE POLICY LIABILITY LIMITS IN THOUSANDS RRENCE AGGREGATE ` GENERAL LIABILITY BODILY 1 A -x COMPREHENSIVE FORM ONJURY Is $ X PREMISES/OPERATIONS CAP A W 911+ 1+0 12/31/85 12/31/86 PROPERTY �u EXPLOSION COLLAPSE DAMAGE $ $ X pmmoonanMeETEnopewmomx +- X CONTRACTUAL, o,xpu cowmwso � IxUO�, �lx00Q, wo X -- CONTRACTORS-- _i___ _____- X BROAD FORM PROPERTY DAMAGE X PERSONAL ~,. PERSONAL INJURY $I,000» -i- AUTOMOBILE LIABILITY ___-- - ___ B. 12/3I/86 ww' $PER PERSON, Kay pa / 7 HIRED AUTOS Li GARAGE LIABILITY H ;COMBINED $ 500 EXCESS LIABILITY ISTATUTORY ,_ A WORKERS COMPENSATION 12/31/86 / $500, --^...~ LIABILITY OTHER A Boiler & Machinery 100, per accident C Installation i 12/31/86 83,000» limit __-______ _�_�-___- __� DESCRIPTION ITEMS - ---��----------�---�-------'--- Construction of Oshkosh Riverside Para Timber Bulkhead Wall and Menominee Park Timber Boat Launch Docks Contract No. 86-09 . CERTIFICATE HOLDER CANCELLATION City of Oshkosh - ~ SHOULD ANY op THE ABOVE DESCRIBED POLICIES os CANCELLED BEFORE THE sx ^ 9. 0, Box II30 p/nxnp�` DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Oshkosh, WI 54902 MAIL 3u DAYS WRITTEN wonosrn THE osnnpmxrsHOLDER NAMED roTHE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Y KIND UPON THE COMP »ur nsupwr^ `~~` '' ---- / ^� _ �m�~ _ ' ��w ��^�._��m ��~� ��- -~ ACOnooe�m4 ' ' oo /xm/ACORmCOMp«x��TIOm,004- � . `I? CHANGE ORDER NO. 1 TO: C.R. MEYER & SONS COMPANY DATED: October 31, 1986 P.O. Box 650 Oshkosh, WI 54902 Your present contract with the City of Oshkosh, Contract No. 86-09 , 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 - TO CORRECT QUANTITIES FROM ESTIMATED TO FINAL MEASUREMENT FOR TIMBER BULKHEAD WALI AT RIVERSIDE PARK AND MENOMINEE PARK TIMBER BOAT LAUNCH DOCKS SECTION A. TIMBER BULKHEAD WALL AT RIVERSIDE PARK Total Increase to Section A. $962.96 Total Decrease to Section A. $266 .50 NET INCREASE TO SECTION A. $696.46 SECTION B. TIMBER BOAT LAUNCH DOCKS AT MENOMINEE PARK Total Increase to Section B. $1,362.08 Total Decrease to Section B. --- NET INCREASE TO SECTION B. $1,362 .08 TOTAL INCREASE $2,058.54 Reco nded - CITYF OSHKOSH.-, f By Director of Pub, c Works ity Manager City Clerk �- Approved vn. - cepted: Contractor 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 A i roved a t9 f corm: � I City Att•r ey CO o trl • '.0 N 00 W Cr, ■0 If) U M O H ., .. Z W '-1 N H a.1 W H O -Zr N .0 If) If') c0 00 U) � If) N N 0• If) O .4 O w W I LC) CO N M M u') N ad H I 4 n M '0 -4 11") •.0 U Z I .--1 c .4 O' cn N I'- c') z 0 </} ,C1)- </i- V} (!)- <I). <n- H O H W U H zx H P.1 W H O O cn O IC) If) I py H ..00 I I I ..D I I I I („) z c I I I I N I I I I 0` W 0 </)- I I </} I I I I O 0 U I .D CO O O -' N O If) 00 O in N N H O .4 E. •'-... 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