HomeMy WebLinkAboutPW CNT 87-11/Gibson Brothers 71 71- C> „ci
CHANGE ORDER NO. 1
TO: GIBSON BROTHERS INC. DATED: October 2, 1987
1405 Maricopa Drive
Oshkosh, WI 54904
Your present contract with the City of Oshkosh, Contract No. 87-11 ,
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. )
ROOFING AT WATER FILTRATION - TO CORRECT QUANTITIES FROM "ESTIMATED” to
"FINAL MEASUREMENT"
Total Increase to Contract $2,903.36
Total Decrease to Contract - $278.40
NET INCREASE TO CONTRACT $2,624.96
Rec OF;-ended: / CITY SF OS ' OSH
010(' , ,/ By; ;%
"Director .f tublic trorks ity _nager
''
City Clerk
Approved and accepted;
/ Cc
Contractor
.'�. f-i'}✓4. l:YID[':-,, 4
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
Ap'oved as to form;
City Attorney
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CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 19th day of June , 1987 , by and
between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY , and GIBSON BROS., INC. of 1405 Maricopa
Dr . , Oshkosh , WI 54904 , 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 Is SCOPE OF NORK
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. 87-11
for roofing at Oshkosh Water Filtration Plant , pursuant to
Resolution 131 adopted by the Common Council of the City of
Oshkosh on 18th day of June , 1987 ,
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 1114101 .42 , 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 perfor-
mance of the contract the amounts determined for the total number of
1
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 con-
tract .
(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 TQ 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 y. 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
enumerated 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
"Contractor" 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
/ GIBBON BROS. , INC.
._J/ !'. .f_ _ t_ ,46rFET.-- .4,i
./,:e.,..t„._ By : 1)onE-ild 4. 7311_.son
_Lnifel
( Seal of Contractor (Specify Title)
if a Corporation . )
By: ----
(Specify Title)
CITY OF 0 HKOSH
n 1%" By : '�4:_,�.r_J -,% ,,,4--,_{^
(With. ss) ', William D . Frueh , City Manager
(A_- Vic_-'-[ C 14 c And : �l n3.112��- 14M-L.L -
_.:44;
(Witness ) Donna C . Serwas , City Clerk
I certify that provisions have been
made to pay the liability that will
accrue to the City of Oshkosh under
the within contract.
EiLts-sil '-' '''4 /7 /
Edward A. Nokes , City Comptroller
Appr ved as t* -
Warren P. Kraft , Asst City Attorney
3
r
r Transamerica
Insurance Services Transamerica Insurance Company
A STOCK COMPANY HOME OFFICE: LOS ANGELES. CALIFORNIA
Bond No.
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A. Documdnt No. A-311 (February 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS: that
(Here insert full name and address or legal title of Contractor)
Gibson Brothers, Inc.
1405 Maricopa Drive
Oshkosh, WI 54901
as Principal, hereinafter called Contractor, and TRANSAMERICA INSURANCE COMPANY, a California Corporation of
Los Angeles, California, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or
legal title of Owner) City of Oshkosh, Wisconsin
as Obligee, hereinafter called Owner, in the amount of eleven thousand seven hundred one and 49/100
Dollars ($ 11,701.49 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Gibson Brothers, Inc.
Contractor has by written agreement dated June 19 19 87 , entered into a contract with Owner for
Roofing at Oshkosh Water Filtration Plant per resolution 131
in accordance with drawings and specifications prepared by
(Here insert full name and address or legal title of Architect)
City of Oshkosh, Wisconsin
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 paragraph) sufficient t funs contract payrice; but xi ,,completion
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner including other costs and damages for which the Surety
to be in default under the Contract, the Owner having may be liable hereunder, the amount set forth in the first
performed Owner's obligations thereunder, the Surety may paragraph hereof. The term "balance of the contract
price", as used in this paragraph, shall mean the total
promptly remedy the default, or shall promptly
amount payable by Owner to Contractor under the Contract
1) Complete the Contract in accordance with its terms and any amendments thereto, less the amount properly
and conditions, or paid by Owner to Contractor.
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon de- Any suit under this bond must be instituted before the
termination by Surety of the lowest responsible bidder, expirotion of two (2) years from the date on which final
or, if the Owner elects, upon determination by the Owner payment under the Contract falls due.
and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, and No right of action shall accrue on this bond to or for
make available as Work progresses (even though there the use of any person or corporation other than the Owner
should be a default or a succession of defaults under the named herein or the heirs, executors, administrators or
contract or contracts of completion arranged under this successors of the Owner.
Signed and Sealed this 19th day of June , 19 87
Gibson Brothers, Inc.
(Principal) (Seal)
' /
(Witness) f � � ,,1
it •V J .
(Title) President (Seal)
Transamerica Insurance Company
_ -- (Seal)
I (Surety)
I_ice/ I /��_�/ _e_,i.
(Witness)
i .--,- ----- 7)
By: AWY,.; Lam/
ttorney-in. Fact
a EICIA
5Eli INSURANCE
10114,43 Avenue
OSHKOSH,WISCONSIN S4901
•
-� - Transamerica
111111
Insurance Services Transamerica Insurance Company
A STOCK COMPANY HOME OFFICE:LOS ANGELES, CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does
hereby make, constitute and appoint
-- --- E. ARTHUR BEHBEIN, P. BRUCE STEVENSON, JAMS W. STEVENSON --------
-- OSHKOSH, WISCONSIN ---
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as
surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances or other written obligations in the nature thereof, as follows: Any and all
bonds and undertakings, not in excess o:f ONE MILLION DOLLARS ($1 ,000,000,00), for or
on behalf of this Company, in its business and in accordance with its Charter.
and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said
Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws
are now in full force and effect:
ARTICLE VII
SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity,
endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obligations and
agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly
executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or
Attorney-in-Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) any Vice President, or (iv) any other person
empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance
shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a
facsimile signature of the President.A facsimile signature of a former officer shall be of the same validity as that of an existing officer.
The affixing of the corporate seal shall not be necessary to the valid execution of any instrument,but any person authorized to execute
or attest such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following
resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the
17th day of October 1963.
"Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any
power of attorney or special power of attorney or certification of either given for the execution of any bond undertaking,recognizance
or other written obligation in the nature thereof;such signature and seal,when so used being hereby adopted by the Company as the
original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force
and effect as though manually affixed."
IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents
to be signed by its proper officer and its corporate seal to be hereunto affixed this 17th. day of
September , 19 82 •
```. Intur,�•)11 f �IIrI'111 B y•Ng J.W. FLESHMAN,Vice President
State of California
County of Los Angeles ) SS
On this 17th. day of September , 19 82 before me personally came J.W. Fleshman to me
known, who, being by me duly sworn, did depose and say: that he resides in the City of Sierra Madre, State
of California; that he is a Vice-President of Transamerica Insurance Company, the corporation 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 pursuant to authority given by the Board
of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
OFFICIAL SEAL
} ELIZABETH AHERNE
} • 7gi NOTARY , /7
PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN • C�—C ./
• M Y Co LOS ANGELES COUNTY <Z
Commission Exp.Mar.30,1954
_ _ _ Notary Public
1719B
(Over)
(5-80)
I, J. H. Tanner, Assistant Vice President of Transamerica Insurance Company, do hereby certify that the
Power of Attorney herein before set forth is a true and exact copy and is still in force, and further certify
that Section 30 of Article VII of the By-Laws of the Company and the Resolution of the Board of
Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto
su0bsCred my name and affixed the seal of the said Company this {�l day of (:),a/K4_,
J.H.TANN ER,Assistant Vice President
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