Loading...
HomeMy WebLinkAboutPW CNT 85-20/Knaus Consturction, Inc CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 8th day of November, 1985, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and KNAUS CONSTRUCTION INC. of 1691 E. Mason St., Green Bay, WI 54302, 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. 85-20, for sanitary sewer, storm sewer, water main and appurtenant work , pursuant to Resolution #9 adopted by the Common Council of the City of Oshkosh on 7th day of November, 1985, , all in accordance and in strict compliance with the Contractor's proposal and the other contract documens referred to inn 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 $94.726.25, 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 1 a "Unit Price" basis, the above mentioned figure is an estimated for the performance of the contract the 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 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 enumer- ated 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 "Con- tractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. 2 IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be sub- 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 KNAUS CONSTRUCTION INC. By: (Seal of Contractor i�'ft 4-"s, v�/I,,- if a Corporation ) (Specify Title) i r By• t/7e4: j°iz esit>c,y7 - (Specify Title) dig CITY OF 0 KOSH .) By: . / _ O \ /.L / By itdts) William D. Frueh, City Manager 4.1 And:,' , � _"� I�r7_%; __ . ��� 'vL' (With= s) Donna C.Serwas, City Clerk I certify that 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 Approed as t-• T • m: Warren P. Kra t, s • , City Attorney 3 Bond No. Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE,MD.21203 Public Improvement Performance/Labor and Material Payment Bond THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO. KNOW ALL MEN BY THESE PRESENTS: That Knaus Construction, Inc. , 1691 E. Mason Street, Green Bay, WI 54302 (Here insert name and address or legal title of the Contractor) as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, with its Home Office in the City of Baltimore, Maryland, and duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh, City Hall, Oshkosh, Wisconsin 549.01 (Name and address or legal title of Owner) as Obligee,hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of..._Ninety-four thousand seven hundred twenty-six and 25/100 Dollars ($ 94,726.25-) (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated November 8th, 1985 , entered into a contract with Owner for Cant ract___$5-2Q_, sanitary_ ___.ewex-.-&__hra,t� in accordance with drawings and specifications prepared by City of Oshkosh-, Wisconsin (Here insert full name,title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, to contain in substance the following provision: The Contractor shall pay all claims for labor performed and materials furnished, used or consumed in making the public improvement or performing the public work, including, without limitation because of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for workmen's compensation insurance and contributions for unemployment compensation. The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.114, Wisconsin Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every person entitled thereto for all claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Con- tract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) No assignment, modification or change of the Contract, or change in the work covered thereby, or any extension of time for the completion of the Contract shall release the sureties on the bond. (2) Not later than one year after the completion of work under the Contract, any party in interest may maintain an action in his own name against the Principal and the Surety upon this bond for the recovery of any damages he may have sustained by reason of the failure of the Principal to comply with the Contract or with the Contract between the Principal and his subcontractors. If the amount realized on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the parties pro rata. Signed and sealed this 12th day of November, , 19 85. In the presence of: Knaus Construction, Inc. u Principal By 4lt?' K (SEAL) tness Title: P 2 r kr r D-£ i r FIDELITY AND DEPOSIT COMPANY O MARYLAND Suret ° By-- (SEAL) Witness Tie Attorney-in-Fact Approved by* In the presence of: p G ITx Oft C..)HkAsslf ! !/ �} � _�� 4 + -14�_� j Cz;J/f Byrivua^' �7 (SeAL) Witness Title: /T y /1 -� � *This bond shall be approved in the case of the state by the state official authorized to enter such contract, of a county by its district attorney, of a city by its mayor, of a village by its president,of a town by its chair- man,of a school district by the director or president and of any other public board or body by the presiding officer thereof. C3018(WI)-500,5-83 217605 Public Improvement Performance/Labor-Material Bond Wis.AIA Doc.Wis.A312 Jan.1969 Ed. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE.MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary 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 judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require, and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint Robert M. McKenna, James A. Temp, Gerald J. Nbrtell, Roger G. Ferris, Mark R. Boland, Jeanie Hlinak and Timothy J. McKenna, all of Green Bay, Wiscon in EAC its true and lawful agent an• ' ttorney-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 and undertakings �.. nd the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert M. McKenna, etal, dated, March 21, 1979. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI., Section 2, of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of November , A.D. 1980 ,..,.4„ FIDELITY AND DEPOSIT COMPANY OF MARYLAND �r• �aD DEPOSt'•. ATTEST: O: 43 SEAL e e ekciL •t B Y 4;;'' Assistant Secretary Vice-President STATE OF MARYLAND J SS: CITY OF BALTIMORE On this 14th day of November , A.D. 1980 before the subscriber, a Notary Public of the State of Maryland, in and or 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. _"7 U NO TA RY'�9? Notary Public Comm.ssil ., Expires,J.uly-._1.,...19.82.. ?U6L.0,y?a -"ARE; 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 spe- cially 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 12th day of Novembe , 19._.8_5 Li4,28ctf.— 184-3544 Assistant '..cretary FOR YOUR PROTECTION LOOK FOR THE F&D \VATERMIARK V 1 1 V V V V V SET TAB ST.- AT ARROW S or CERTIFICATE OF INSURANCE 11/12185 bib PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS X NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Murphy/Alexander & Alexander I EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 1204 I--- ..Green Bay, WI 54305-5204 COMPANIES AFFORDING COVERAGE COMPANY AContinental Casualty Company LETTER INSURED COMPANY B American Casualty Company LETTER Knaus Construction Company, Inc. — — 1691 East Mason StreetEnERNY C Transcontinental Insurance Company Green Bay, WI 54302 — LOMPANY EI Vikin Insurance (Crum & Forster) LETTER g COMPANY E ' LETTER . COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 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 .: 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. 1 LIABILITY LIMITS IN'THOUSANDS r 'IL CI 'YPE OF INSURANCE 1-3, ,:Y %it_t F,t"? t�1L�v - -.-T H , -I ,,,C.C,IRRENCE AGGREGATE. GENERAL LIABILITY X COMPREHENSIVE FORM CCP022074318 7/1/85 7/1/86 1 NODIAV $ $ X PREMISES/OPERATIONS j PROPERTY x UNDERGROUND 1DAMAGE $ $ EXPLOSION &COLLAPSE HAZARD © PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL i BI&PD 500 500 COMBINED I$ $ INDEPENDENT CONTRACTORS I _- BROAD FORM PROPERTY DAMAGE 500 PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY `- -- - -- aooll; T PER°ERSO4� X ANY AUTO $ALL OWNED AUTOS(PRIV PASS i BUA062074316 7/1/85 7/1/86 BCJL H OTHER THAN ,,Flay ALL OWNED AUTOS pRIV PASS ) R 4,CiLIW HIRED AUTOS DAMAGE• NON OWNED AUTOS $ GARAGE LIABILITY el&PD 1,000 COMBINED $ EXCESS LIABILITY u 523-397065-5 7/1/85 ( 7/1/86 IBI&PD 5,000 5,000 UMBRELLA COMBINED $ ($ OTHER THAN UMBRELLA FORM — f 1 J STATUTORY 0 WORKERS' COMPENSATION WC002206648 7/1/85 7/1/86 i AND I I$ 100(EACH ACCIDENT) I $ 500(DISEASE-POLICY LIMIF) EMPLOYERS' LIABILITY t 1 j$ 100IOISEASE EACH EMPLOYEE) OTHER 1 I� DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS ',. Contract 85-20 xT viii CERTIFICATE HOLDER 1 CANCELLATION. f City of Oshkosh , �k° Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX As ', City Hall PIRATION DATE. THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Oshkosh WI 54901 LI, ,, LEFT,BUT FAR.IRE 1 C MAIL SUCH NOTICE SHALL IMPOSE NO OBI,CATION OR LABILITY a OF A IND UPON FHE COMPANY, ITS AGENTS OP REPR"'SEN-ITATIVES. ALT .D Al h,-*,3_ 41 NJE x A did - • c ACORD 25(8184) �,9�' © IIR/ACORD CORD*RATION 1984';:' 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 1 7 8 $ s e 0 8 7 . 8 P s 5 0 YS r .. r •n ,. .. -II• M 8 a Go 5 .Of••y dRt 8 8 qq " 8 8 8 ^ 8 8 _ 8 8 . 5 s ' N Z I 0- go= O I- « Q : _ _ _ liPi 8 8 8 8 8 8 8 J a _ _ _ = 2 74 8 $ ° s 8 0 . O ~ a - w Q '°'±$! tII1I1l1I . S .C 14N 3a3 1$•. ,v. w 8 8 8 °o•�3 R 11 R 8 8 8 8 8 8 .t .2 2 •. 2. v • 0 r S u r gr - { S i i ••i • a r G A - b w _ . $ 2•• V. le : .• L w s ^w . r•_ a •• _ ► ► •• P « 88 yy r L • . r S .••1 -Z 6 LM L R r r u r • • • « 2 . • .i 3 • r •.i a ,•S * Sr w- 2. 2- L w - • 8 8 2 i =F. ^.°. w - z - E • w• Y Y -••J t ` - rr • �- - gY .••_ M,-., ; ••• . .. - 1; 1 -13 .� y i t Y . 4 q Y < r ° C • 3 ! • e < G . es °S 2 S a: • W 6 3 9 • 0 X ►i ►• . Y . IN w a • •• a • • a `a . y, - 9a - ---... 8 8 8 3 1 • • • :- I e '— 8 —�� e = U 8 8 s 8 s 8 8 V w • • • .• M e 8 8 8 s • g a 3.; e 3 • i= •W 3• a e• '" 8 • w ° i 3 � T+�� p 8 ' I 1 • f V w gm P y .10 w 3 8 S 8 1 . • • w w le 2 e • 8 8 8 •• • N 1 G• Y e a p 0 p A • 2_� s w w. s 8 t t a p Q S • ^ V n 4 'd d g w 8 g w • 4 » w w e 8 8 8 • 3. e g ~ •e a: