HomeMy WebLinkAboutPW CNT 87-03/Quality Concrete & Excavating I
CITY HALL �j
215 Church Avenue {J
P O Bcx 1130 lit
Oshkosh, 'hlsconsJn � 40411 �
5902 1130 City of Oshkosh 8 011
(!) (414) 236-5065
QIHKQIH November 17, 1987
ON THE WATER
Mr. Charley Jepson
Quality Concrete & Excavating Inc.
848 S. Bridge Street
Manawa, WI 54949
Re: Claim of Warren Briggs
Property Damage - 301 Merritt Avenue
Dear Mr. Jepson:
Enclosed please find a letter of claim this office received
from Mr. Warren Briggs, for damage to a fence post on
subject property. Upon inspection of the property, it
appears as though damage has been caused to a wooden land-
scape post on the Madison Street side of subject property.
Mr. Briggs alleges that said damage was done during the
sidewalk replacement along the west side of Madison Street
immediately opposite the fence post.
Please forward said claim to either your insurance company
or proper authorities for review, investigation, and dis-
position.
Sin rely,
era d F. nrad
Director of Public Works
GFt : kmd
Enc.
c.c. :./Donna Serwas, City Clerk
Warren Briggs, 301 Merritt Avenue
G. W. BRIGGS & .SON
CUSTOM DRAPERIES - VENETIAN BLINDS & WINDOW SHADINGS - DRAPERY HARDWARE - WOVEN WOODS
301 Merritt Avenue — Telephone: 414-2354910 NM W26107 Autumn Trail
OSHKOSH, WISCONSIN 64901 PEWAUKEE, WISCONSIN 53072
7 ,
7tt-, 4L-ed,
•Caijiz_t p_14, -fie1
g/ " I
skk.v,)
az-,4
fli)"d
L.1'4 "51-*V‘ 440-ee
OPcj—z—z.--26 )
d
•
G. W. BRIGGS & .SON
CUSTOM DRAPERIES - VENETIAN BLINDS & WINDOW SHADINGS - DRAPERY HARDWARE - WOVEN WOODS
301 Merritt Avenue — Telephoner: 414-235.6910 N51 W26107 Autumn Trail
OSHKOSH, WISCONSIN 64901 PEWAUKEE, WISCONSIN 53072
A/2, ia/ch-,,e
- I .
„ 02 /oS
41,A, „i„,€)
-4/
CERTIFICATE OF INSURANCE
Wausau Insurance Companies
•ii_.
..,-..&/„.. , ,:
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
Quality Concrete and
Producer No.: 2924
Excavating, Inc. Office: Appleton, WI
Date: 8-6-87
848 S. Bridge St. Region: A,W
Manawa, WI 54949
L
* Policy Effective Policy Expiration **Unless otherwise indicated,this policy affords full coverage under the
Type of Insurance CO. Policy Number Date(MM/DD/YY) Date(MM/DD/YY)
NO. 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 0118-00-093432 4-1-87 4-1-88 in the policy and endorsements for Part Two(Employers Liability).
Liability Limits In Thousands (000 omitted)
Commercial General General Aggregate $ 1,000
Liability 3 0128-00-093432 4-1-87 4-1-88 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) $ 50
Products-Completed Operations: Medical Expense(Any One Person) $ 5
( X )Included ( )Excluded
Owners&Contractors Aggregate $
Protective Each Occurrence $
$
$
Single Limit
Auto Liability
2 0128-02-093432 4-1-87 4-1-88 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 $ 1,000
Umbrella
Liability 2 0128-03-093432 4-1-87 4-1-88 Aggregate Products-Completed Operations $ 1,000
Retention $ 10
Special Provisions/Locations/Specified Autos:
If any policy described above is canceled during its term by the company, the company will
mail notice 30 days before the effective date of such cancellation to the party named below.
Sidewalks and Wheelchair Ramps
Contract No. 87093
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 terms(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. 2.EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
Issued to: City of Oshkosh 3.WAUSAU UNDERWRITERS INSURANCE COMPANY
• 5.WORLDWIDE UNDERWRITERS INSURANCE COMPANY
Oshkosh, WI 7.ILLINOIS EMPLOYERS INSURANCE OF WAUSAU
1.WAUSAU LLOYDS g. 71 f
• Signed
Authorized Representative
287 (S)80-324
Duplicate of A.I.A. Form A3I I CM.tune 1980 Edition
Wausau Any correspondence in relation to this
bond should be directed to:
,. ... .;-4-.4, f Insurance Wausau Insurance Companies
Surety Underwriting
. 2000 Westwood Drive
{ .,.4- Companies Box 150
L ' e , - " PERFORMANCE BOND Wausau, Wisconsin 54401
KNOW ALL MEN BY THESE PRESENTS:
Bond Number 0150-33-093432C
That
Quality Concrete and Excavating, Inc.
(Here insert full name and address or legal title of Contractor)
848 S. Bridge Street, Manawa, WI 54949
as Principal, hereinafter called Contractor, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company •
(Here insert full name and address or legal title of Surety)
400 Westwood Drive, Wausau, WI 54401 , as Surety, hereinafter called Surety, are held and firmly bound unto
City of Oshkosh
Oshkosh, Wisconsin
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of
Two Hundred Four Thousand Five Hundred Ninety Three and 80/100 Dollars ($204,593.80
for the payment whereof Contractor and Surety bind themselves, their heirs,executors,administrators, successors and assigns,
jointly and severally, firmly by these presents. 19_
WHEREAS, Contractor has by written agreement dated ,
entered into a contract with Owner for Sidewalks and Wheelchair Ramps
Contract No. 87093
(Here insert full name,address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert lull name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW,THEREFORE,TH E CONDITION OF TH IS 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 extension of time made by the Owner.
Whenever Contractor shall he,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
I) Complete the Contract in accordance with its terms and conditions,or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible
bidder,or,if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrange fora contract between 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:hut not exceeding,including other costs and
damages for which the Surety may he 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 Contract and any amendments thereto,less the amount properly paid by Owner
to Contractor.
Any suit under this bond must he instituted before the expiration of two(2)years from the date on which final payment under the Contract falls due or before the
expiration of one(I)year from the Date of Substantial Completion of the Project,whichever is later.
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 the Owner.
August , 19 87
Signed and sealed this 5th day of ---
/ Quality Conc et- - , Excavating, Inc.
�� Principal) /i (S?aU Zr
ee,"t '/�/'mess) 'i / i/h"_ ,L,/`�/,
By _ L� % I/
e
EMPLO'iEttS INSURANCE.'OF WAUSAU A itiiatua■Company
(Surety) (Seal)
(Witness) ✓ (FIJI Ch .17
By (Attorney-in-Fact)
Linda Franz
(P)815-4238 I-82 PRTD. IISA
Notarial Acknowledgement—Attorney in Fact On this 5th day of August , 19 87 before me,
STATE OF Wisconsin Dale G. Carlson a Notary Public in and for said
County of Outagamie } as. Outagamie
County,State aforesaid,residing therein,duly
commissioned and sworn,personally appeared Linda Franz
known to me to be the person whose name is
subscribed to the within instrument as the attorney in fact of
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
and acknowledged tome that he subscribed the name of EMPLOYERS INSURANCE OF WAUSAU A
Mutual Company thereto as surety,and his own as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,
at my office in the said county of Outagamie the day
and year in this certificate first above written
Outagamie
Notary Public in and for the county of
Wisconsin
State of
4-17-88
815-4216 9-79
My commission expires
No. 201-044- 0 0 0 210
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
LINDA FRAN7
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
z OBLIGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF FIVE MILLION
o DOLLARS ($5,000,000).
w
i
Z and to hind 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-in-fact may do in the premises.
W This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
CL
0_ meeting duly called and held on the 18th day of May, 1973, which resolution is still in effect:
Q "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF
H WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying
O the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
Z Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be,
u) and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach
W
O thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"
p "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
H A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile,and
Z any such power of attorney or certificate hearing such facsimile signatures and facsimile seal shall be valid and binding
W upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
W to any bond, undertaking or contract of suretyship to which it is attached"
r5 Q IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
Zsigned by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day
— to of AUGUST , 19L.
Z = ,- EMPLOYERS INSURANCE OF_• USAU A Mutual Company
U-, d,,o11.0.,r,Z. a�� _•c SEAL + By I/�.:�/'
Wa'� R.C. Retterath Senior Vice President
CC Attest: --
i
Q R.J. B steman Assistant Secretary
p STATE OF WISCONSIN )
I )ss.
W COUNTY OF MARATHON )
QOn this 1ST day of AUGUST , 19 87,before me personally came
R.C. Retterath ,to me known,who being by me duly sworn,did depose
O and say that he is a senior vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation described in
J and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said 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.
< IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year herein first above written.
H-
O
Z
cn -6),QTA , a , l/Cesz -v-u.L.y.
to
= Patricia A. Kleman Notary Public
H NOTARY PUBLIC =4.:!:"1:
STATE OF WISCONSIN "' =
STATE OF WISCONSIN I -e .�:����,
MY COMMISSION EXPIRES JUNE 3, 1990
CITY OF WAUSAU )ss. .,"`>'..ri.t:'•°'
COUNTY OF MARATHON I CERTIFICATE
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 REI)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 5th day
of August , 19 87.
„....5-.7-74:-
/(145711K2.
,_SEA 1.1 R. J. Besteman Assistant Secretary
•
CHANGE ORDER NO. 1
TO: QUALITY CONCRETE & EXCAVATING INC. DATED: January 12, 1988
848 S. Bridge Street
Manawa, WI 54949.
Your present contract with the City of Oshkosh, Contract No. 87-03
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 - SIDEWALK REHABILITATION PROGRAM
Additional time and labor to relay paver bricks,
22.5 hours @ $21 .00= $472.50
1 yard mason sand for paver brick relay= $ 12 .00
4" PVC pipe installed @ 570 N. Main St. ,
Jefferson Street side, 10' @ $5.00/ft.= $ 50.00
Abandon 1 inlet in Menominee Park, lump sum= $ 80.00
TOTAL ADDED BY CHANGE ORDER #1 $614.50
Reco''/nde• ° C;IT4 OF OS. OSH
irec to'" o :ub l is orks City :'Tanager
City Clerk
Appro ed and ay epted:
-At-641/7 ( )
Contractcr
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
Approved as to. form:
ll, A,
City Attor ey
CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 6th day of July , 1987 , by and
between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY , and QUALITY CONCRETE & EXCAVATING INC. of
848 S . Bridge Street , Manawa , WI 54949 , 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. 87-03
for sidewalks and wheel chair ramps for Public Works Department
pursuant to Resolution 158 adopted by the Common Council of
the City of Oshkosh on 2nd day of July , 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 1204 .523.80 , 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
1
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
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
/ QUALITY CONCRETE & EXCAVATING INC.
( / / / r% 1 %',
_J
President
( Seal of Contractor (Sp city Title,
if a Corporation . )
By :
----
Vice President
(Specify Title)
CITY OF 04HKOSH
("). �i ._ --
(WitneSs\) ( Wil iam D . Frueh , City Manager
And J`i1 -
( tness) •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.
C.i14. /
Edward A. Nokes , City Comptroller
Appr ved as tor:• m:
Warren P. Kraft, Asst , City Attorney
3