HomeMy WebLinkAboutPE CNT 87-18/Murphy Const CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 7th day of August , 1987 , by and
between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY , and MURPHY CONSTRUCTION COMPANY of 1911
W. Wisconsin Ave . , Appleton , WI 54914 , 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. 87-18
for asphalt paving - salt storage building for Public Works
Department , pursuant to Resolution #199 adopted by the Common
Council of the City of Oshkosh on 6th day of August , 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 17 ,210.75 , 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 . COMPQNENT 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 yeartfirst
hereunto set its , his or their hand and seal the day and
above written.
CONTRACTOR
In the Presence of: --,—/)
MURPHY CONSTRUCTION COMPANY
___T�' C2 _ ' B57 L _ —_
—T4
(Specify Title)
( Seal of Contractor
if a Corporation . ) BY , ` `` —
.s. ./
(Specify Title)
CITY OF 0 KOSH,a--.. zei......."
,.
, •
, [ . f
By : ---
1 , t L_ ` r Manager
_1 �1-1` - -�-- William D . Frueh , City
� Witn. ss) �� J
_ And : 11jiL ---�.1-- --
/„ .Z /�. Clerk
�__ � � = --- Donna C . Serwas , City
( fitness)
I certify that provisions have been
made to pay the liability that will
accrue to the City of Oshkosh under
the within contract.,
_Z62ALZZYI__A _Edward A. Nokes , City CoI1stroller
Ap roved as t ford:
.Ll -...___I_A/15— 4
Warren P. Kraft , Asst , City Attorney
3
0) AO •
N E NITy CORPORATION
MAL 3 3, 1 ,;V1SC N S I N 53701
(a Stock Company, : ,.--rc-a c=r-dr the lav,s of Wisconsin)
PEI?,cr1nM,-,r=, .. F,
KNOW ALL MEN BY THESE PRESENTS:
That Murphy Construction Company
(Name am
Black Creek, Ulisconsin 54106
as Principal, hereinafter called Contractor, and CAPITOL. it FMNITy CORPORATION as Surety, hereinafter called Surety,
are held and firmly bound unto
City of Oshkosh
City H all , P.O., Box
(Name and address Oshkosh , Wisconsin
� Wisconsin 5490Z-1130
as Obligee, hereinafter called Owner, in the amount of_s even thousand, two h�,tndred ten and
75/100 7210 75
jfor the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrrators, successors and assigns,
ointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated 8-12-87
entered into a contract with Owner for Public Works Contract No 87-1 8 hot mix work
in accordance with drawings and specifications prepared by City of Oshkosh
(Full
which contract is by reference made a part hereof, and is hereinafter to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully per-
form 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.
rWheneverContractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed
Owners obligations thereunder, the Surety may promptly remedy the default, or shall promptly
(I) Complete the Contract in accordance with its terms and conditions, u,
(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 for a 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; but not exceeding, including
other costs and damages for which the surety may be 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 be instituted before the expiration of two (2) years from the date on which final payment
under the contract falls due.
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 Owner.
Signed and sealed this 12th day of August 1987
A.D. 19
Murphy Construction Co
_(SEAL)
i/ /
(SE
AL)W i the �/�1 kiG l k � .LA C /77 (Principal
c'
Pres
(5E L'
(Title)
CAPITOL INDEMNITY CORPORATION F
a Wisconsin Corporation, (Surety) a ' �
Witness iY .- /� 22J m
attorney in .fact 0
w r
FORM AlA DOC.FA-311 CONT.202-5-'70 �''���
Va/OlkANDEMNITY CORPORATION
POWER OF ATTORNEY r7 t 9 1 7 0
KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the
State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint
- - - - MELVIN G. LATHROP - - - -
its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act
and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of
suretyship executed under this authority shall exceed in amount the sum of
- - - NOT TO EXCEED $300,000.00 - - -
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the follow-
ing Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held
on the 5th day of May, 1960:
"RESOLVED, that the President, any Vice-President, the Secretary or Treasurer, acting individually or other-
wise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of
executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident
vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such of-
fices to the business of this company; the signature of such officers and 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 fac-
simile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certi-
fied by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be
revoked, for cause, or without cause, by any of said officers, at any time."
IN WITNESS WHEREOF, The CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be affixed duly attested by its Secretary, this 1st day of August, 1973.
Attest:
‘�iAN�'� CAPITA- NDEMNIT CO RATI
Secretary ' °'r 4
STATE OF WISCONS' President
) SS.
COUNTY OF DANE )
On the 1st day of August, A. D., 1973, before me personally came George A. Fait, to me known who being
by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President
of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he
knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; thui it was so
affixed by order of the Board of Directors of said corporation and that he signed his name theretoby like order.
OW? • /� /0IP.
STATE OF WISCONSIN ) ""'c - •
SS. ••`"'` otary Public, Dane Co., Wisconsin
COUNTY OF DANE ) My Commission is permanent
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing at-
attached Power of Attorney 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 now in force.
Signed and sealed at the City of Madison. • ed the 12th day of August ,i 437
/3a .�
COMIRATI
1: uu 1
James P. Bigl /Vice-President
ti z
CHANGE ORDER NO. 1
TO: MURPHY CONSTRUCTION COMPANY DATED: September 15, 1987
1911 W. Wisconsin Avenue
Appleton, WI 54914
Your present contract with the City of Oshkosh, Contract No, 87-18 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 - TO CORRECT QUANTITIES FROM "ESTIMATED" TO FINAL MEASUREMENT:
(ASPHALT PAVING @ SALT STORAGE BUILDING)
ITEM CONT. INSTALLED NET DIFF. COST/ DEC.IN INCREASE IN
NO. DESCRIPTION QUANT. QUANTITY INC. DEC. UNIT CONT.PRICE CONT.PRICE
1 ' Tons of asphaltic concrete 210 236.3 26.3
$21 .10 --- $554.93
binder material
2. Tons of asphaltic concrete
surface material 75 110.5 35.5 $25.05 --- $889.28
3. Gallons of tack or prime
coat 530 0 -- 530 $ 1.70 $901.00
$901.00 $1,444.21
NET INCREASE TO CONTRACT - $543.21
Rec• ! nded : CI OF OSHKOS
ire° or of' 1 --41.1c Works —`
City Manager
City C1er.
Approved and accepted:
/YfkfR7 • +JSTe!4C7IO. C.
•
on 'rac for
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:
City At o ne.
CERTIFICATE
�� �� INSURANCE /su/ccm�'wm�o�,
-m- - -= �~~ ~ ~ �� �-~°-= � =� ��� � ���� '
PRODUCER ^
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION C.NLY AND CONFERS
mo RIGHT p UPON THE CERTIFICATE FIoLosn THIS csnr/ncAT, DOES NOT AMEND
Exrc NT,onAcrsn THE ouvcnxmsArpunoco Er,THE pnuc/rsosLOW
MURPHY/ALEXANDER & ALEXANDER, INC.
701 INC..CHERRY STREET | COMPANIES AFFORDING COVERAGE
P. O. BOX 1204 '----------CONTINENTAL CAS �--------�
GREEN BAY, WI 54305-1204
MURPHY CONSTRUCTION CO. , MURPHY Co, AN ^ 1
CONCRETE PRODUCTS CO. , BLACK CREEK -1,_\44
COVERAGES
THIS IS TO CERT FY THAT POLICIES 0?INSURANCE LISTED BELOW HA/- LT_Lr. 1.,,,,IJED TO 1 FIE INSURED NAMED ABOVE rep TN=POLICY .-.7:110D INDICA I ED, ,,,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH REOPFCT TO WHICH THIS CERTIFICATE MAv I
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL'„. pi., TERMS, EXCLUS ONS AND CONDI
TIONS OF SUCH POLICIES.
CO
LTH TYPE OF INSURANCE POLICY NUMBL T t,_ T IMI IN THOUSANDS I
COMMERCIAL GENERAL LIABILITY
$ 1000
x' ANY AITTO
■
X1 RRED AUTOS
EXCESS LIABILITY
4-ii_ OMB500485601 08/01/87 08/01/88 1 $ 1000 i$ 1000 '
ici WORKERS'COMPENSATION
AND
EMPLOYERS'LIABILITY
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES RESTRICTIONS SPECIA- rt I.1`,
ri
CERTIFICATE HOLDER CANCELLATION ''
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- 11'4
ITY OF OSHKOSH PIRATION DATE THEREOF THE ISSUING COMPANY WIL, ENDE AVOR TO '
DEPT. OF PUBLIC WORKS MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLD R NAMED TO THE
ITY HALL LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE N ) OBLIGATION OR i
DSHKOSH, WI 54902 LIABILITY• ANY KIND UPON THE COMPANJ ITS AGENTS OR REPRE SENTATIVES I
li