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HomeMy WebLinkAboutPW CNT 87-23/Pheifer Brothers Const CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 18th day of December, 1987 „ by and between the CITY OF OSHKOSH, party of the first part , hereinafter referred to as the CITY, and PHEIFER BROTHERS CONSTRUCTION CO., INC. of 1907 American Drive , Neenah, WI , 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 QF 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. 87-23 for development of a boat launch at Fugelberg Park , Oshkosh, WI , pursuant to Resolution 380 adopted by the Common Council of the City of Oshkosh on 17th day of December, 1987 „ all in accordance and in strict compliance with the Contractor's proposal and the other contract documents referred to in ARTICLE V of this contract. ARTICLE Ij. TIME OF QOMPLETION 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 8 1,43_0 6 ± 112.n_ iai. £QL inQrga&g 2.€ gill �gggh =, 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 1 amounts determined for the total 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 HARMLESa 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 .ARTS QF 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 b . 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 PHEIFER BROTHERS CONSTRUCTION CO. INC. `/7- By : __,i r -_`2-+_t v -4 .__ P tr e s 1 cue n i( S f Contractor (Specify Title) if a Corporation . ) B a?-.- _ Y : 2c.YZ*c\..rAt (Specify Title) CITY OFASHKOSH r; B _ _I ,7" ' ,rWitpess;y William D . Frueh , City Manager ± CLL I. f( ' And • dui �' G�__A22�.22 (Witness ) Donna C . Serw'as ,City Clerk '.‘/IN City Comptroller APPROVE JAN 1 63 L CITY ATTORNEY OSHKOSH,WISCONSIN ■3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Pheifer Brothers Construction Co. Inc.1 Neenah._Wisconsin Contractor, as principal , and Fidelity and Deposit Company of Maryland as surety are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner , in the sum of Sixty-eight thousand one hundred ninety-three & 06/100(Dol cars) (: 68,193.06 ) to be paid to the Owner for which payment well and truly to be made we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns firmly to these presents, THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that N/A. WHEREAS, the said Pheifer Brothers Construction Co, Inc. did, on the 18th day of December , 1987 , by articles that date, enter into a contract with the Owner -for the construction of a boat launch at Fugelber.L_Park Public Works Contract No. 87-23, Oshkosh, Wisconsin. NOW, THEREFORE, i-F the said Contractor shall save and hold harmless the said Owner from all Public Liability and Damages c-F every description in connection therewith, shall well and faithfully in all things fulfill the said contract, according to all the conditions and stipulations therein contained, in all respects, and shall save and hold harmless the said Owner -From and against al I I i ens and claims of every description in connection therewith, including payment or all materials, labor and equipment, then this obligation shall be void and of no effect, but otherwise, it shall remain in -Full -Force and virtue, and in the event that the said Owner shall extend the time f or completion of the work or otherwise modify elements c-F the contract in accordance with provisions thereof , such extensions of time or modifications of the contract shall not in any wa,, release the sureties of this bond. WITNESS CUR HANDS AND SEALS this _61th DAY CF Jarmry 19 88 . In the Presence of: Pheifer Brothers •±6):41,-KJ Construction Co. , Inc. ) By: (SEAL) Pr i no i pal Presidtht Fidelity and Deposit -112CA-="V. Lialkt-,4411-0-12-^"Th_ Company of Maryland (SEAL) JNIOA6-f_AL44%A.A. SIVUL0-- CSEAL.) P.t y Attorney-in-Fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MO KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by R. W. BUDDENBOHN , Vice-President, and M. J. SCHNEBELEN , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint James A. Temp, Roger G. Ferris, Marl ---., Boland, J. Hlinak, Timothy J. McKenna, P. L. Schlauch and Jeffrey R( singe.r, .all of Green Bay, Wisconsin, EACH : ; _� .� � its true and lawful agent and Attorney-in-Fact,to make,execute, al and der,,,. :., ,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings .1. = i =" I t And the execution of such bonds or undertakings r`' Pr ulge irt," 'stiance of:t}, preeenta, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they been duly'iiii4kiited and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., i'atheir own K6ver personeThis power of attorney revokes that issued on behalf of James A. ;€Teat¢, etall, dated, April 1 , 1987. The said Assistant Secretary does hereby certify that the Otiact set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now 1n force. IN WITNESS WHEREOF, the saidVice•President,atndfAssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY;AND DEPOSIT"COMPANY OF MARYLAND, this 19th day of August , A.D. 19� FIDELITY AI1D DEPOSIT COMPANY OF MARYLAND ATTEST: eLI - 61/ (iat_i..-1„ As Secretary Vice-President STATE OF MARYLAND CITY OF BALTIMORE ss' On this 19th day of August , A.D. 19 8 7, before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. ""R, �_ ->• �'��'•""'f: Notary Public Com lesion Ex ' es - 1 , 1990 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 6th day of January , 1933. J1,,- -A.1 184-3544 �(�""� Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2. The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,. , .and to affix the seal of the Company thereto." L1428b • . . cord, CERTIFICATE OF INSURANCE I.S 'E DATE(MM,T)DjYY1 ' PRODUCER rwsr ERTIFIcATE; , SSki.Ef;AS A MATTEE OF N',7-C)fiklATION ONLY AND CONFERS • No RIG IPC:Nt Mt.NEPTOICATN 0'...7,-:-A THIS CERTIFICATE 0.0ES NOT AMEND, EY'rEtB,.•)=-;4.,: TEP 5-4F —OVEciAGi- ,-.1,''Or, i'...1O F3,' ''F.1c=POLICIES BELOW. ., MURPHY/ALEXANDER & ALEXANDER, INC. COMPANIES AHDRONG COVERAGE 701 CHERRY STREET P. O. BOX 1204 W'-41';;NYA CONTINENTAL CASUALTY COMPANY GREEN BAY, WI 54305-1204 . _ . INTERNATIONAL INS. CO. ..-, INSURED PHEIFER BROTHERS CONSTRUCTION :'Oyi't,N'' COMPANY, INC. P. O. BOX 247 ::,H-'•-•,`- *. D . . NEENAH, WI 54956-0247 - t:,rP r,k.s,A ' — L E-TH-i G ,, COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE DE€F. ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, ;. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY i• BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS :::• OF SUCH POLICIES. CO TYPE OF INSURANCE _. iCIALSENEPA LIAB L ILM 11 OM&MEDE OCCURRENCE POLiCY NUMBER A, GL302079865 LIMITS SHOWN ARE THOSE IN EFFECT AS 01/01/8d 01/01/89 t OMMEF L -1 ,HK TS IN 90USANDS GENERAL LIABILITY --',,- 1$ P171(710 ' i 1$ 1000 1 gal ER,F.8,,;.,-;NTRAc mRs,PRLoTEcTLvE,A OF POLICY 4$ 121°171 : CONTRACT u INCEPTION. ,$ 50 --- _ ■ AUTOMOBILE LIABILITY ;BUA102079866 01/01/88 01/01/89 1000 X ALL MEL ACES SCHEDULED A T $JTO:, , ' i • HREP,ALr";,S s-- 1 - NONOWN;D AUTOS 1 • !----- GARAGE H'BI..1,' E , • i• ' EXCESS LIABILITY . . • A ,524-2001535 01/01/88 01/01/89 : - 3000 $ 3000 , 1 OTHER THAN lAtI3RELLA■:OFM 1 ■ WORKERS COMPENSATION 1 ill AND MC092079621 , 01/01/88 01/01/89 ::1; 1000 (EACH ACCIDENT1 1000 EMPLOYERS':_lABILITY c.' 1000 OTHER , I . , DESCRIPTION OF 2EC 1 Public Works Contract No. 87-23 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City of Oshkosh PIRATION DATE THEREOF, THE ISSUING COMPANY W I_L ENDEAVOR TO City Hall MAIL 30 DAYS WRITTEN NOTICE TI THE CERTIFICATE HOLDER NAMED TO THE P.O. Box 1130 LEFT. BUT FAILURE 10 MAIL S . TICE SHALL IMPOSE NO OBLIGATION OR .. . Oshkosh, WI 54902-1130 LIABILITY OF ANY KIND UP•, ..,, OMPANY.ITS AGENTS OR REPRESENTATIVES. ..Ji w-P'z E D R'-,P.PF 9"Ni"ATI Acorn 1,5-s 01/85) 0 IIR/ACORD CORPORATION 1985 , . . r Of 1 CERTIFICATE OF INSURANCE ISSUE DATE(MM/DDNY) 01/22/88 PRODUCER AA EN°L I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS }V, 1 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MURPHY/ALEXANDER & ALEXANDER, INC. COMPANIES AFFORDING COVERAGE 701 CHERRY STREET P. O. BOX 1204 E MPANY A CONTINENTAL CASUALTY COMPANY GREEN BAY, WI 54305-1204 — - - - -- NSURED COMPANY B VIKING INSURANCE CO. PHEIFER BROTHERS CONSTRUCTION COMPANY c e. TRANSPORTATION INSURANCE CO. COMPANY, INC. LETTER P. O. BOX i-247 COMPANY LETTER NEENAH, W I 549S6-0247 r - n �' COMPANY E V y 'ail ET-ER v COVERAGES ` THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUI 1,j, ME. 7\ V "OR THE POLIO PERTQD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCU d 1t IT -ESPECT TO i - - R'RTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S.- •I TO ALL - -"S i %. IONS,AND CONDI- TIONS OF SUCH POLICIES. �� 1 L CO TYPE OF INSURANCE POLICY NUMBER E ALL LIMITS IN THOUSANDS LTR MM DE''6' �c .s GENERAL LIABILITY --� 01/01/89L '''--- * A :aL30207986 01/01.188 _ 1$ ;-000 COMMERCIAL GENERAL LABILITN m- 1---,A,(-1 ,-, E� $ 1000 . LIMITS SHOWN ARE .y •CLAIMS MADE y OCCuRRE NCETHCSE IN EFFECT AS I ' "" $ _1000 OWNER S&�CNTRACTORS PRA EL.'VE OF POLICY $_100171 CONTRPCTUL LIAD INCEPT ION. '`' E RE' _ $ 50 Mii AUTOMOBILE LIABILITY — — A �UA10207986E, 01101r8801/01/3- 1 X ANY AUTO i s igloo ALL OWNED AUTOS ';- x SCHEDULED AUTOS i ' ',.s1',1 R. L X HIRED AUTOS B+JV-v x NON OWNED AUTOS L: P„,-, $ GARAGE L ABILITY EXCESS LIABILITY i EACH A s-RECA-F B X 524-2001535 01/0] r88 01 i 01 r 89 $ 3000 $ 3000 OTHER THAN JMBRELLA FRV” i 1 —— WORKERS'COMPENSATION i r _ C AND WC092079621 01/01/881 01/01/89 $ 1000 C I r$ ; 1000 -5E,EACH Arc oF r �.,, JNI , EMPLOYERS' LIABILITY is 1000 D -A•F h -VP,': (FE1 ■ OTHER I DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES!RESTRICTIONS!SPECIAL ITEMS PUBLIC WORKS CONTRACT NO. 87-23 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX ITY OF OSHKOSH PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ITY HAL-I_ MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE . C}. BOX 1130 LEFT. BUT FAILURE TO MAIL SUCH ICE SHALL IMPOSE NO OBLIGATION OR SHKOSH WI 54902-1130 LIABILITY OF ANY KIND UPON TH ANY, ITS AGENTS OR REPRESENTATIVES. 9 AUTHORIZED REPRESENTATIVE 41,t'l "° ACORD 2S-S(11/85) ®NR/AOM CORPORATION 1985 CHANGE CRDr' i NC. 1 TO: PHEIFER BROS. CONST. CO. DATED: May 25, 1988 1907 American Drive Neenah, WI 54956. Your present contract with the City of Oshkosh, Contract No. 87-23 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" to "final measurement" FUGLEBERG PARK BOAT LAUNCH DEVELOPMENT Total Increase to Contract $10,092.84 Total Decrease to Contract $ 3,365.43 NET INCREASE TO CONTRACT $ 6,727.41 • Rec; v -nd ed; C I Y OF SHKO3H t ar . ,. , , By. 'irec for o u•l is ' orks City Manager /4.I I4//'./_ _L/ City Clerk Approved and accepted: - ,N44.or 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 forma OjaAA2Ar- City Attorney I-• NO OD V ON 01 � Cw) NJ Z H O a 1-3 • X tJ MI X to 7d C C17 0 Cn `< X) 0 ''7 Cn 0'Q 'TJ n ',3' 'TJ b 0 1x7 I-, Iii W "r1 r M '=J G X G CD a (D (D G .0 (D G G CD G r-' I-1) G or G G D) rt G • rt • a u) E er rt • O H • g0 H Co H _ H .� H G • H C7 `< H `< r• • 0 D) 0 `< rt 0 'c < G 0 0 G = G G G tTj a D) a 0 < Fr r• a (D r• a'< ■• CD _r• 0 r• H• 0 1-1, r• CID . . N a CD W • X (n • V) •. I Cn 11 Cn m Cn "J' r• Co n CD G H C) G•' rt G' Cn o' O, o- G o' rr O X 0-' XI X rt (D f2, G r• rt 'b = Cn 0 a CD H C) Cu 1-' f?' 1-1 P1 O f?I 0 I?• 0. P• d 2, 0 a2, O D) 0 Ov a C CD p H cr' (D (D C) r3 C ID CD H. (D r• r• (D r• rt r• a I- H. 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