HomeMy WebLinkAboutPW CNT 88-01/Globe Contractors C.ONSTRIJCTIQN CQNTRACT
THIS AGREEMENT, made on the 22nd day of January, 1988, by
and between the CITY OF OSHKOSH, party of the first part ,
hereinafter referred to as the CITY , and GLOBE CONTRACTORS INC. of
16601 W.Dakota St . , New Berlin , WI 53151 , 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. 88-01
for relief storm sewer and open ditch construction -- pursuant
to Resolution 408 adopted by the Common Council of the City of
Oshkosh on 21st day of January , 1988,
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 II . TIME OF CQMPLETION
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 11/5„142_OQ , 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 . COMEONEXIT 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
P
ryryII' GLOBE CONTRACTORS, INC.
., Li,<., , -c----- - , „ r A By s-tJ G. _L'c±�i
( Seal of Contractor (Specify Title)
if a Corporation . )
By:
(Specify Title)
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CITY OF,/OSHKOSH 4; -A, .,.
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iiii_iii_i_a_i.) . i i J\ t -
(Witness ) William D . Frueh , City Manager
--_'IC-14_ 1. iL And li�C�Lizi1_d .-- _
(Witness) :
C . Serwas ,City Clerk
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..,,�.._...�_.�__...._.._._._City CenaptiQller ..ra� .---
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OS■NrOSH,WISCONSIN t
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.I\I1FIED STATES IFIDEI ,t4Viii (
IuAI A \ 6
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j-, 6a, 186.\,' ::_
°:,i (A Sto pany)
E PERFORMANCE BOND
E; i Approved by The American Institute of Architects `'
A. I.A.Document No.A-311(February 1970 Edition)
I BOND NUMBER I �
KNOW ALL MEN BY THESE PRESENTS:
=-I GLOBE CONTRACTORS, INC.
::. That
.„,.. 16601 WEST DAKOTA STREET, NEW BERLIN WISCONSIN 53151
g as Principal, Ion
hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws i.':°
ti-....1 of the State of Maryland, Baltimore, Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto ..
CITY OF OSHKOSH, WISCONSIN � ::.
ii 1::,'•
as Obligee, hereinafter called Owner, in the amount of
ONE HUNDRED SEVENTY FIVE THOUSAND, ONE HUNDRED
FORTY TWO AND NO/100 ($175 142.00^ :.;I
F�i Dollars ' y ),
rd for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and is
E'_ severally, firmly by these presents. ._;
I;: 22ND OF JANUARY 88
i ;i WHEREAS., Contractor has by written agreement dated 19 , entered into a contract with Owner for
Fs'11 PUBLIC WORKS CONTRACT NO 88-01, RELIEF STORM SEWER AND OPEN DITCH CONSTRUCTION if
F.:::::
in accordance with drawings and specifications prepared by :
"= (Here insert full name, title and address) 1-_7
;' , which contract is by reference made a part ::j
ro
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 perform .j
�: said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ._1
t
The Surety hereby waives notice of any alteration or extension of time made by the Owner. 1:.`ii
`.. 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 -=
i
€' (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the low- 1
est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, I '":
arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a -:,
L >I succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of j::�
Ir completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable _
I='11 hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall
ic::( mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by
I'',i Owner to Contractor.
ra=
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the I,;i?
IA 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
E- 1 the heirs, executors,administrators or successors of the Owner.
I" Signed and sealed this 25TH JANUARY 88
day of 19..
E In the pre,�e e of GLOBE I TRACTORS, INC
: ` B y ai) 1„.:::::
�^ (Witness) 0 E. cL.S0,c i "E S ` Principtl
r" , UNITED TES IDE TY ANDieeRANTY COMPANY
IACLA / I.,:;:
; (witness) By (Seal)
J `_ _- 4: K s J .... •._,_
Contract 21 1 (2.70)
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/;pELITYq
UNITED STATES FDIC 'N -=.I ; °° ,,'- U ARANTY COMPANY
•: aiv . r.9 l896 S:f _ d
(A Stock ompany) :l
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects j
`°. A. I.A. Document No.A-311 (February 1970 Edition) ...
i::;ta
F {' KNOW ALL MEN BY THESE PRESENTS: ._�
j BOND NUMBER
�����' GLOBE CONTRACTORS' INC. V
_d That
-
16601 WEST DAKOTA STREET, NEW BERLIN, WISCONSIN 53151
as Principal,
`'
hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws i `
I:;=:; of the State of Maryland, Baltimore, Maryland as Surety, hereinafter called Suret are held and firmly bound unto
CITY OF OSHKOSH, WISCONSIN <!
a bl�igg,e�e herg�'n�ftgr i1et ngg�� for lh(�� s@��nd_b.e�j ONE HUNDRED I ;!
SV1 N7Y rlVl; GlHUllANb, �N riUNllK�llt gOclajfpants a�he��4nbelnrxdelfiggd_in the amount of
tl r l T 1W A1V1J NU/ UV 175 142.00 "� �),
Dollars($ � ),
:;:r 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 22nd OF JANUARY, 19 88, entered into a contract with Owner for
Eii PUBLIC WORKS CONTRACT NO. 88-01, RELIEF STORM SEWER AND OPEN DITCH CONSTRUCTION _-}
in accordance with drawings and specifications prepared by
F_,=
,q (Here insert full name, title and address)
[Id
i:d
I" hereof, and is hereinafter referred to as the Contract, which contract is by reference made a part '-
,a
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all j
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this `'1
obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: I====1
(1) A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, 1
_<a, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that _
part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract.
1 (2) The above-named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who
has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's
. work or labor was done or performed, or materials were
furnished
such claimant,Y a moot m
a
claimant, sue on this
man may s b
t, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon.sThe
I'" Owner shall not be liable for the payment of any costs or expenses of any such suit.
' (3) No suit or action shall be commenced hereunder by any claimant, Y
C.;.;:I (a) Unless claimant, other than one having a direct contract with the Principal, shall have ven E following: The Principal, the Owner, or the Surety above named, within ninety (90) days after uchtclaimanted d to ornperforrmed the Ij
t:' last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy
€fir' the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or t''-'-',.'
_` performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope
addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, I
or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that I�.�
EE such service need not be made by a public officer.
„".p"''I (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood
however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation .•-,
shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. „
=;. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the :=jl
project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part
.'.'' thereof, is situated,and not elsewhere. i
,,-a (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive .=_,I
of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the
amount of such lien be presented under and against this bond. �,
--- Signed and sealed this 25TH JANUARY
day of 88 ;_:
GLOB CONTRACTORS, IN -, y
Utiti Icu h ;�
(Wit ss)
By ` C. (Seal)
/s! m�✓�, r-- . 'or 7Z sib L. i Principal , :.__
, IT ATE/-FIDE ND GUARANTY COMPANY
By ����"G6J�
(Witness) �_ (Seal)
This bond is issued simultaneously with performance bond in favor of the Owner conditioned on the full and fait ful formance of the Contract. "-
Contract 211-A (2-70) 0 -- — --
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No. 96007
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint
Robert N. Cayze
of the City of Waukesha , State of Wisconsin
its true and lawful attorney in and for the State ..f Wi s Cons in
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Robert N . Cayze
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 1 5th day of
June , A. D. 19 84
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By Jeanne H . Eddy
Vice-President.
(SEAL)
(Signed) Carl Saar
•
Assistant Secretary.
STATE OF MARYLAND.
ss:
BALTIMORE CITY,
On this 15th day of June , A. D. 198 4 , before me personally came
Jeanne H. Eddy , Vice-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Carl Saar , Assistant Secretary of said Company,with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they,the said Jeanne H . Eddy
and Carl Saar were respectively the Vice-President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President
and Assistant Secretary,respectively, of the Company.
My commission expires the first day in July, A. D. 19 86
(SEAL) Margaret M . Hurst
(Signed)
Notary Public.
STATE OF MARYLAND
Sct.
BALTIMORE CITY,
Saundra E. Banks ,Clerk of the Circuit Court for Baltimore City,which Court is a
Court of Record, and has a seal, do hereby certify that Margaret M . Hurst , Esquire,before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary,and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court
of Record, this 15 t h day of June ,A.D. 19 8 k
(SEAL) (Signed) Saundra E . Banks
Clerk of the Circuit Court for Baltimore City.
FS 3 (1-83)
COPY OF RESOLUTION
That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland,and in the Territories of the United States and in the Provinces
and territories of Canada;
Therefore, be it Resolved, that this Company do,and it hereby does, authorize and empower its President or either of its Vice-
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal,to appoint any person or persons
as attorney or attorneys-in-fact,or agent or agents of said Company,in its name and as its act, to execute and deliver any and all contracts
guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than
insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law
allowed,and
Also, in its name and as its attorney or attorneys-in-fact,or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or
territories of Canada,or by the rules,regulations, orders, customs, practice or discretion of any board, body, organization, office or officer,
local, municipal or otherwise, be allowed, required or permitted to be executed,made,taken, given,tendered, accepted,filed or recorded
for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or
organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which
may be provided for in any such bond,recognizance, obligation, stipulation,or undertaking,or anything in the nature of either of the same.
F . J. W 1 l l e y ,an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
Robert N. Cayze
of Waukesha , Wisconsin , authorizing and empowering him to sign bonds as therein set
forth,which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of
November,1981,at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said
resolution,and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on
(Date)
Fiedilljel.
Assistant Secretary.
E;a:,>,,S4;.k. -`
CERTIFICATE OF INSURANCE
- Wausau Insurance Companies
This is to certify that the insurance policies (described below by a policy number) written on forms in use by the corn... • - been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or : .ti•• C L ereme�ffbtlie�by �l policy referred
to herein. D C U
t'
X1 ',1 '1
JAN 2 81988 ; .` )
Name and Mailing Address of Insured � t-,
I— '� FRK`S ,�l 2•
Producer NO,: ./.1. -$-r""-
GLOBE CONTRACTORS, INC . Office: MILWAUKEE, WI 53216
16601 W. DAKOTA ST. Date: 1 27 88
NEW BERLIN, WI 53151 Region: ML
L
Type of Insurance CO. Policy Number Policy Effective Policy Expiration **Unless otherwise indicated,this policy affords full coverage under the
NO. Date(MO/DA/VR) Date(MOIDAlYR) 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 0418 0 0 095359 1 1 17 87 11 17 88 in the policy and endorsements for Part Two(Employers Liability).
Liability Limits In Thousands 1000 omitted)
Commercial General General Aggregate $ 1, 000
Liability 3 0428 0 0 095359 1 1 17 87 11 17 88 Products&Camp.7Ops.Aggregate $ 1, 000
Commercial Package or Personal&Advertising Injury $ 1000 0 0
,
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 0428 0 2 095359 1 1 17 87 11 17 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 $
Umbrella Each Occurrence $ 2 , 000
Liability 2 0428 0 4 095359 11 17 87 11 17 88 Aggregate Products-Completed Operations $ 2, 0 0 0
Retention $ 10
Special Provisions/Locations/Specified Autos: RELIEF STORM SEWER
CONTRACT #88-01
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:
• 3.WAUSAU UNDERWRITERS INSURANCE COMPANY
CITY OF OSHKOSH 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU
P . O. BOX 1130 1.WAUSAU LLOYDS �r
OSHKOSH, WI 54902
Signed 7'e"�Ci,.,- 1:- '.li`�—�
• Authorized Representative
787
IS)80-324