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HomeMy WebLinkAboutPW CNT 87-16/Andresen Builders, Inc CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 17th day of July , 1987 , by and between the CITY OF OSHKOSH, party of the first part , hereinafter referred to as the CITY , and ANDRESEN BUILDERS, INC. of 920 E. Nevada Ave . , Oshkosh , WI 54901 , party of the second part , herein- after 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. 87-16 for roof renovation for Pollock Pool , pursuant to Resolution 179 adopted by the Common Council of the City of Oshkosh on 16th 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 16,/a7.00 , 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 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 PART,a 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. I6 the Presence of: CONTRACTOR ANDRESEN BUILDERS, INC. L c B y ✓ -/'�%%'�•�/ /'yes. / 7 ( Seal of Contract-15r (Specify Title) if a Corporation . ) By : ------ (Specify Title) CITY OF {/(�SHKOSH r By : ---- (Witness ) William D . Frueh , ,City Manager --- -•- And :_Z_�LL"-/H� ) --- (Id-' ness ) Donna C . Serwas , City Clerk I certify that -provisiots have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. Edward A. Nokes , City Comptroller Approv;ed as to form: \,, _. Warren P. Kraft , Asst , City Attorney 3 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Andresen Builders, Inc. (Here insert full name and address or legal title of Contractor) Oshkosh, WI 54901 as Principal, hereinafter called Contractor, and, Hartford Accident and Indemnity Company (Here insert full name and address or legal title of Surety) Hartford, Connecticut as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh (Here insert full name and address or legal title of Owner) Oshkosh, WI as Obligee, hereinafter called Owner, in the amount of Six Thousand seven hundred fifty seven dollars Dollars ($ 6,757.00 ), 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 July 17 19 87 , entered into a contract with Owner for (Here insert full name, address and description of project) Reroofing of Pollack Pool Building, Public Works Contract #87-16 in accordance with Drawings and Specifications prepared by (Here insert full 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. MA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA I EBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON, D. C. 20006 1 PERFORMANCE BOND 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 defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price,; Whenever Contractor shall be, and declared by Owner but not exceeding, including other costs and damages to be in default under the Contract, the Owner having amount performed Owner's obligations thereunder, the Surety i set which the Surety first may be liable hereof. The term balance may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Ariy suit under this bond must be instituted before accordance with its terms and conditions, and upon de the expiration of two (2) years from the date on which termination by Surety of the lowest responsible bidder, final payment under the Contract falls due. or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Woik progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this 17th day of July 19 87 ANDRESEN BUILDERS, INC. - 4 (Principal) (Seali (Witness) i XX * (Title)/ HARTFORD ACCIDENT & INDEMNITY COMPANY 4 (Surely) ■, (Witness) IT We) Thomas J. Pupeter, Attorney-in-Fact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • MA ® FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE., N.W.,WASHINGTON, D.C. 20006 2 • THE AMERICAN INSTITUTE OF ARCHITECTS II II AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Andresen Builders, Inc. (Here insert full name and address or legal title of Contractor) Oshkosh, WI 54901 as Principal, hereinafter called Principal, and, Hartford Accident and Indemnity Company (Here insert full name and address or legal title of Surety) Hartford Connecticut as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh (Here insert full name and address or legal title of Owner) Oshkosh, WI as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Six thousand seven hundred fifty seven dollars • (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 6,757.00 )� 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 July 17 19 87 , entered into a contract with Owner for (Here insert full name,address and description of project) Reroofing of Pollack Pool Building, Public Works Contract #87-16 in accordance with Drawings and Specifications prepared by (Here insert full 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. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D. C.20006 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if 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, ifien this obligation shall be void; otherwise it shall remain in full force and effect,subject,however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail; postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the stale in which the 2. 1 he above named Principal and Surety hereby afutesald pluject Is located, save that such ,etvlee need jointly and severally agree with the Owner that every not he made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. the Owner shall not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the b 3. claimant: district in which the Project, or any part thereof, is sit- by any uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 17th day of July 19 87 Andresen Builders, Inc. (Principal) (Seal) — A/44.1,0";....... .....---5-74.-- (I We) _ e7,4,---,c-e,..- HARTFORD ACCIDENT & INDEMNITY COMPANY �� r. (Surely) (SeA) -eSeIWilnessl -t X _ 4„S/X 4._. , %��(Title) Thomas J. Pupeter, Attorney-in-fact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® A FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.2(X)06 4 HARTFORD ACCIDENT AND INDEMNITY COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD ACCIDENT AND INDEMNITY COM- PANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint THOMAS J. PUPETER and/or THOMAS P. WAGNER, of OSHKOSH, WISCONSIN its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said Attorney(s)-in-Fact. in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance poli- cies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipal- ities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, in Penalties not exceeding the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) each, and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of • the HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By-Laws adopted by the Stockholders of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meet- ing duly called and held on the 10th day of February, 1943. ARTICLE IV SECTION 8. The President or any Vice-President,acting with any Secretary or Assistant Secretary,shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such Resident Vice-President,Resident Assis- tant Secretary,or Attorney-in-Fact,and revoke the power and authority given to him. SECTION 11. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and ail bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested by one other of such Officers. (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD ACCIDENT AND INDEM- NITY COMPANY duly called and held on the 11th day of June, 1976: RESOLVED: Robert N. H. Sener, Assistant Vice-President and Thomas F. Delaney, Assistant Vice-President, shall each have as tong as he holds such office the same power as any Vice-President under by facsimile 6, 7 and 8 of Article IV of the By-Laws of the Company. adopted power y the Directors of is thesigned ARTFORD ACCIDENT iAND INDEMNITYyCOMPANY authority t a m the eeting duly called uand held on the 6th day of August, 1976. RESOLVED. That, whereas Robert N. H. Saner, Assistant Vice-President and Thomas F. Delaney, Assistant Vice-President. acting with any Secretary or Assistant Secretary,each have the power and authority,as long as he holds such office,to appoint by a power of attorney,for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presi- dents, Assistant Secretanes and Attorneys-in-Fact: Now. therefore,the signatures of such Officers and the 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 facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 9th day of August, 1976. Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY Douglas H.Geer.Secretary •.,,:;: Thomas F. Delaney STATE OF CONNECTICUT, / Assistant Vice-President ss. COUNTY OF HARTFORD, J On this 9th day of August, A.D. 1976, before me personally came Thomas F. Delaney, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice-President of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, the corporation described in and which executed the above instrument: that he knows the seal of the 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. STATE OF CONNECTICUT. 1 ..-' Gloria Mazotas.Notary Public COUNTY OF HARTFORD, es My Commission Expires March 31, 1978 1 CERTIFICATE I. the undersigned, Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecti- cut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore,that Article IV, Sections 8 and 11, of the By-Laws of the Company, and the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the /�, day of j ( �- 19 F l J Form S•3507-8 Printed an U.S.A. '3 ` J E 1_u Kens Assistant Secretary V 1 , SET T`c STOPS T ARROWS , J i I .,,t v Of CERTIFICATE OF INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY'AND CONFERS The The Thomas Corporation NO RIISNTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 358 Oshkosh, WI 54902 i COMPANIES AFFORDING COVERAGE r OMPANY A (414) 235-6461 ETTER West Bend Mutual Insurance Co. � COMPANY B LETTER _ INSURED - �- COMPANY c Andresen Builders, Inc. I LETTER 920 E. Nevada Avenue COMPANY D Oshkosh, WI 54901 LETTER COMPANY E LETTER COVERAGES PERIOD INDICATED. , NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDIDTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT HER WHICHL THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. r LIABILITY LIMITS IN THOUSANDS r — rr --- ?OLi Y EFr'"wE POJCY cxPiR4TI0tJ CO TYPE OF INSURANCE POLICY NUMBER DATE iMM•DU/Yl') DATE(MMIDU"Yl OCCEt.I RENCE AGGREGATE LTR - GENERAL LIABILITY BODILY $ A X COMPREHENSIVE FORM BCS0051321 04/01/87 04/01/88 INJURY $ Q $ X PREMISES/OPERATIONS PROPERTY I UNDERGROUND j X DAMAGE V W EXPLOSION&COLLAPSE HAZARD X PRODUCTS/COMPLETED OPERATIONS NAMED PD $ 1,000, X CONTRACTUAL I i COMBINED $1,000, X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE PERSONAL INJURY $ 1,000, X PERSONAL INJURY BODILY AUTOMOBILE LIABILITY INJURY A x ANY AUTO CAS0051322 04/01/87 04/01/88 (PER PERSON1 $ - BODILY ALL OWNED AUTOS(PRIV. PASS) BODILY OTHER THAN PER ACCIDENT $ ALL OWNED AUTOS PRIV PASS X HIRED AUTOS PROPERTY DAMAGE $ X NON-OWNED AUTOS GARAGE LIABILITY El&PD $ 1,000, COMBINED EXCESS LIABILITY I I BI a PD $ ■ UMBRELLA FORM COMBINED OTTHER THAN UMBRELLA FORM STATUTORY I A WORKERS' COMPENSATION WCS0051323 04/01/87 04/01/88 $ S• , (EACH ACCIDENT) AND $ 0•, (DISEASE POLICY LIMIT) EMPLOYERS' LIABILITY $ S•, (DISEASE EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS GEneral Contractor CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City of Oshkosh PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 215 Church Avenue MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL S NOTICE SHALL I_..•OSE NO OBLIGATION OR LIABILITY Oshkosh, WI 54901 OF ANY KIND UPON THE:_•J NY, ITS AGE ALT,R REPRESENTATIVES. AUTHORIZED REPRES r/" / "Pr. d i • Attn: City Clerk, City Hall ����� IIRIACORD CO*PORATION198 ACORD 25(8184) '