HomeMy WebLinkAboutPW CNT 87-21/Four Way Construction CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 2nd day of October , 1987 , by and
between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY , and FOUR-WAY CONSTRUCTION OF WISCONSIN,
INC. of P.O. Box 133 , Berlin, WI 54923 , 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. 87-21
for sanitary sewer, water main, and storm sewer for Public
Works Department , pursuant to Resolution #288 adopted by
the Common Council of the City of Oshkosh on 1st day of October,
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 .128 87,0.90 , 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
/ FOUR-WAY CONSTRUCTION 0- WISCONSIN, INC.
5K4-IN c----
" -` ' �
By . 1; s _61
dr
( Seal of Contractor (Specify Title)
if a Corporation . )
By _ r_ cI.L f �-!r / 1 -
(Specif Title)
I
CITY OF OSHKOSH
By J
_L_C2 .J_j_am_I 1 ,
( Witness) Wi \Liam D . Frueh , City Manager
_�- _ ✓ L- ____.e __ And :iL�.l L 2l b1 C%.4/Y2VO'
itnessY Donna C . Serwas , City Clerk
I certify 'tha?t' provisions have been
made to pay the liability that will
accrue to the City of Oshkosh under
the within contract.
Edward A. Nokes , City Comptroller
Approved as t� fo m: ,
_Lci-L,__c_.„___,___Warren P. Kraft, Asst , ity Attorney
3
•
1 Va/01,k1 INDEMNITY CORPORATION
MADISON , WISCONSIN 53701
(a Stock Company, organized under the laws of Wisconsin)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Four-Way Construction of Wisconsin , Inc.
(Name and address of the Contractor)
P.O. Box 133, Berlin, WI 54923
as Principal, hereinafter called Contractor, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety,
are held and firmly bound unto
City of Oshkosh
(Name and address of the Owner)
215 Church Avenue, Oshkosh, WI 54902-1130
as Obligee, hereinafter called Owner, in the amount of One Hundred Seventy Eight Thousand
Eight Hundred Seventy and 90/00 Dollars ($ 178 870.90 ),
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 October 2, 1987
entered into a contract with Owner for Publ i c Works Contract No. 87-21
in accordance with drawings and specifications prepared by City Engineer
(Full name of Architect)
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 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.
Whenever Contractor shall be, 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
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid Cr 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 2nd day of October A.D. T9_87
Four-Way Construction of Wisconsin , IIgAL)
i �� �� (SEAL)
Witness ' Cam: -� _ Ol/// / i� (Principal]
l 1 , ,/ p ,�
/M4 - (SEAL)
(Title)
CAPITOL INDE ITY C RPORATION
a Wisconsin 9orpo' i (Surety)
Witness / By: t! 4 �- `' (SEAL)
Attorney-in-fact
(Title)
Capital Indemnity
;' , Madison, Wisconsin
117111 (a Stock Company, organized under the laws of Wisconsin)
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That Four-Way Construction of Wisconsin , Inc.
(Name and address of the Contractor)
Berlin, WI
as Principal, hereinafter called Principal, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety,
are held and firmly bound unto
City of Oshkosh
(Name and address of the Owner)
Oshkosh, WI
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
One Hundred Seventy Eight Thousand Eight Hundred Seventy & 90/00 Dollars ($ 178,870.90 ),
(Insert a sum equal to at least one-half of the contract price)
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 OrtQbar 2 , 1987
entered into a contract with Owner for Public Works Contract No. 87-21
in accordance with drawings and specifications prepared by City Engineer
(Full name and address of Architect)
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 the 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, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the con-
ditions outlined on the reverse side of this bond:
Signed and sealed this 2nd day of October A.D. 19 87
F. -• . i •• . • • •. (SEAL)
Witness /r'� /.�i!� ���_ (SEAL)
A / ,/ (Principal)
/( .
(Title)
CAPITOL INDEMNITY CORPORATION,
a Wisconsin Cor oration, (Surety)
Witness Y
_ _ B : , tt-C' `"v (SEAL)
Attorney-in-fact
(Title)
FORM AIA DOC.RA-31 1 CONT.203-5-70
INDEMNITY CORPORATION
(4D
POWER OF ATTORNEY r l ` � "
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
DENNIS M. BARTON, JOSEPH L. VIGNA, OR ELIZABETH M. FEDYN
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 $500,000.00
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:
/ CAPIT r NDEMNI CO RATI N
Secretary
STATE OF WISCONStjVf 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.
rimer % /.-
STATE OF WISCONSIN ) 1.Pima •
SS. '`iO 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 2nd day of October ,19 87 .
ouu,oA
.,.....,.r\
James P. Bigle /Vice-President
CHANGE ORDER NO. 1
TO: Four-Way Cons t. of WI Inc . DATED: February 8, 1988
P.O. Box 133
Berlin, WI 54923'
Your present contract with the City of Oshkosh, Contract No. 87-21 ,
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 - WATER MAIN & STORM SEWER
Total Added to Water Main
(See page 2 for breakdown.) $8,324.63
Total Added to Storm Sewer
(See page 2 for breakdown.) $2,131 .80
TOTAL ADDED BY THIS CHANGE ORDER= $10,456.43
Rec mMended; 7 CI Y D�OFF� OSHKOSH
�. . 4 I _ By: /
✓S �-�'1
P irec-o •f Public Works City Manager
67\; City Clerk
Approved and accepted:
C;Sf t Ctc,
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.
(/lt ltAi
Comptroller
Approved as to form:
City Attorney
CONTRACT 87-21 - CHANGE ORDER #1
ADDED TO WATER MAIN - SECTION II
1 . Extra labor and materials to lower
proposed 8" water main under new
drainage swale in easement from
Carousel Inc. (fully assessable
to private developer) $1 ,493.20
2. Extra labor & materials to offset
existing 8" water main on Pearl
Avenue in two locations to allow
new construction $4,641 .36
3. Extra concrete curb & gutter ,
sidewalk, and pavement restoration
on Pearl Avenue due to increased
construction area from additional
valve installation by city Water
Department and extra offsets $2, 190.07
TOTAL ADDED TO WATER MAIN = $8,324.63
ADDED TO STORM SEWER - SECTION III
1. Rebuild two storm manholes on
Pearl Avenue $1 ,350.00
2. Extra cost to excavate for
lowering gas main in Park Plaza
easement for storm sewer
installation $ 781.80
TOTAL ADDED TO STORM SEWER = $2, 131 .80
TOTAL ADDED BY CHANGE ORDER #1 $10,456.43
(0,Qoa
CHANGE ORDER NO. 2
TO: Four-Way Cons t. of WI Inc. DATED: June 14, 1988
P.O. Box 133
Berlin, WI 54923
Your present contract with the City of Oshkosh, Contract No. 87-21
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 - WATER MAIN ON S. KNAPP STREET SOUTH OF WAUKAU AVENUE
See attached Proposal, Total $20,211 .75
8eco`�=nde ° / CIT OF OS"09H
. iLLIle By:
'tree 'rot Public Works City Manager
(I/ (:12t/1dci
City Clerk
Appro ed ape/ 345 ted:
ILA ,_)2 /
Contra
I certify that provision has been made to pay the liability that
will accrue to the City of Oshkosh, Wisconsin, under the within
Change Order.
Comptroller
Ap oved as to form:
ity Attorn y
PROPOSAL FOR WATER MAIN EXTENSION
OF KNAPP STREET ROAD, SOUTH OF WAUKAU AVENUE
BID ITEM DESCRIPTION UNIT PRICE TOTAL
1 . Furnish & install complete as
specified , approx . 515 lin . ft .
12" D .I . Water Main and fittings,
including connections to existing Thirty two/ Sixteen thousand
mains and blocking per lin. ft . seven hundred
forty five eleven/seventy five
Dollars & Cents Dollars & Cents
($ 32 . 45 ) ( $ 16 , 711. 75 )
2 . Furnish & install one (1)
hydrant branch including all
6" main connections , valve and
hydrant , complete as specified , One thousand One thousand five
each
five hundred twenty/ hundred twenty/
Dollars & Cents Dollars & Cents non(
($ 1 , 520. 00 ) ( $ 1 , 520.00 )
3 . Furnish & install approx . one (1)
valve in std . water valve manhole,
complete as specified, each One thousand nine
one thousand nine
hundred eighty/ hundred eighty/none
DollgPs & Cents Dollars & Cents
($ 1 , 980.00 ) ($ 1 , 980. 00
GRAND TOTAL
Items 1-3 20 , 211 . 75
CHANGE ORDr' 3 No. 3
TO: FOUR-WAY CONST. OF WI , INC. DATED January 31 , 1989
P.O. Box 133
Berlin, WI 54923
Your present contract with the City of Oshkosh, Contract No. 87-21 ,
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. )
TO CORRECT QUANTITIES FROM ESTIMATED QUANTITIES TO FINAL MEASUREMENTS:
SANITARY SEWER (Section I ) - Total Increase to Contract $5,463.68
Total Decrease to Contract $ 880.50
NET INCREASE TO SANITARY SEWER $4,583. 18
WATER MAIN (Section II ) : NET INCREASE TO WATER MAIN $ 973.50
STORM SEWER (Section III ) Total Increase to Contract $1 ,993.29
Total Decrease to Contract $2,546.27
NET DECREASE TO STORM SEWER ($ 552.98)
NET INCREASE TO CONTRACT $5,003.70
eco ded CITY •F CSHC•SH
�� � =r'�' ✓
BY' ,/
Director 1 ublic Works City Manager
lY1171/2)
City C le..k
Approved and accepted:
Contrator
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
App' oved as to fo
City Attorn-y
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