Loading...
HomeMy WebLinkAboutPW CNT 85-17/Flour Bros consturction/Sidewalk Impr THE AMERICAN INSTITUTE OF ARCHITECTS W-„5- ONtir' AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Twentieth (20th) day of September in the year of Nineteen Hundred and Eighty—Five. BETWEEN the Owner: THE CITY OF OSHKOSH 215 Church Avenue Oshkosh, Wisconsin 54901 and the Contractor: FLUOR BROS . CONSTRUCTION, INC. 203 Otter Street Post Office Box 2326 Oshkosh, Wisconsin 54903 The Project: SIDEWALK IMPROVEMENTS 400 BLOCK, NORTH MAIN STREET Oshkosh, Wisconsin The Architect: YARBRO—KEMPINGER ARCHITECTS , INC. 1018 West South Park Avenue Post Office Box 2096 Oshkosh, Wisconsin 54903 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 1 FILE NO. 8532 ......... .... ..... ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) DIVISIONS 1 thru 16 WORK Sidewalk Improvements 400 Block, North Main Street Oshkosh, Wisconsin ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced September 23 , 19 8 5 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than November 15 , 198. (Here insert any special provisions for liquidated damages relating to failure to complete on time.) If the Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner then the Contractor does hereby agree, as a part of consideration for the awarding of this contract, to pay to the Owner the amount of $200. 00/day, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. ALA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 FILE NO. 8532 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of ONE HUNDRED FOURTEEN THOUSAND THREE HUNDRED AND NO/100THS DOLLARS ($114 , 300 . 00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) Basis for Contract Sum Contractor' s Proposal dated 19 September 1985 $114 , 300. 00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than three (3) days following the end of the period covered by the Application for Payment ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; g> ]ff t NsliaND7liKr]€rid xful L git +Y- i?f3i €XrXafiaWDCisl at*awavtaxIbxxxx xxxxxxxxxxxammix(xxxk idnbthrx5mIc x ' 'xtuoctbgA ix lk orm xtit imaxripkitxWodouerkcamentecbotthrmsoopmeiximichntbrocaatumxitbaxameroxxxxxxxxxxxxxxxxxxxxxxx (It not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) 10% will be retained on the value of the first 50% of the work. There will be no retainage on balance to completion. Upon determination by the Architect/Engineer that satisfactory progress has been made, payments authorized at time of substantial completion shall be for total retainage in contract except that an amount equal to twice the estimated cost to complete or correct items on a tentative list of uncompleted items shall be retained until final completion. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 FILE NO. 8532 • ARTICLE 6 • FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement,the Conditions of the Contract(General,Supplementary,and other Conditions),the Drawings, the Specifications,and any Addenda and accepted alternates,showing page or sheet numbers in all cases and dates where applicable.) SPECIFICATION : FILE 8532 , Dated September 4 , 1985 Pages Thru Page TILE PAGE 1 T PaPa 1 TABLE OF CONTENTS . DIVISION 1 - CONDITIONS OF THE CONTRACT 19 General Conditions SC/19 Supplementary Conditions GR/12 General Requirements DIVISIONS 2 thru 16 - GENERAL CONSTRUCTION AND ELECTRICAL WORK Section Title 02050/ 3 02050 Demolition 02200/ 3 5 02200 Earthwork 02800/ 4 02800 Precast Concrete Planters 02900/ 4 02900 Plantings 03200 Reinforcement 03200/ 2 03300 Concrete 03300/ 8 04200 Masonry 04200/ 3 04260/ 3 04260 Paver Block Work 5 06100 Carpentry 06100/ 2 07150 Dampproofing 07150/ 2 16001 Electrical Work 16001/ 6 Vault In-Fill Schedule V-3 Addenda No. 1 dated 12 September 1985 Drawings, File 8532, dated 4 September 1985 A-1 thru A-7 General Construction and Electrical Work CONTRACTOR' S PROPOSAL, DATED 19 September 1985 Pages C/1 thru C73 , copy attached. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • MA9 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 FILE NO. 8532 IN WITNESS WHEREOF , the City of Oshkosh, Wisconsin has caused this Contract to be sealed with it' s corporate seal and to be subscribed to by it ' s City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto sets it ' s, his or their hand and seal the day and year first above written. In the presence of : CONTRACTOR FLUOR BROS. CONSTRUCTION, INC. Title f eS/ch (Seal of Contractor - if a Corporation) OWNER CITY OF OISHKOSH, WISCONSIN .4/// 1 4 li.am D. Frue , City Manager i By_ J \.;yf.�i 4 ;. Donna C. Serwas, City Clerk I here'y r ' fy th rovisions have bee ma e to p the liability that will accrue to the City of Oshkosh under this Contract (Seal of City) City Comptroller Approved as to form and execution Ir.. /i C° ty 'ttornd FILE NO. 8532 5 w WISCONSIN SOCIETY O'F ARCHITECTS 4IJV4 THE AMERICAN INSTITUTE OF ARCHITECTS ��'��i'!""n •: i� Pahl;l ash WIS. AIA DOCUMENT w JULY 1980 ED. WIS. A312 2 PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND d THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT A TO SECTION 779.14 WISCONSIN STATUTES. KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec. 779.14 Wisconsin Statutes as the prime contractor) F/vat^ 6r'os. Con s-trtc-'t,to,t , •Znt • 203 O77.e.r. S1. Os 4 Kos 4, w,. as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) IINITFP, STATES FIDELITY AND GUARANTY COMPANY duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) The y. Ctr Os/tKos A , �✓ 2./S" Csr arc A S-7: OsA kos ti (,i.":. as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of 7 e 7:4 c-ek. -rt.��ta.�,!.4.r/cr0 (Here insert a sum at least equal to the contract price) Dollars ($//4i 3 )' 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 S te«b.t 2O 19 Sr, entered into a contract with Owner for St`v/e Wsi/ K p lea v-e.n-en is 400 6/o c.� ND rill //74.4‘n S 1 Ds/e k.oc�. , Li,'. in accordance with drawings and specifications prepared by (Here insert fa name, title and address) yArbro"/�Qti p,itsar ec.1-1.'12 eTs, .-n e. Os4Kos It, LJ41. which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, to a The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES ny WIS. AIA DOC. WIS. A312JULY. 1980ED. PAGE 1 Copr. 1969 Wisconsin Society of Architects/AIA 615 E.Washington Ave. Madison.Wis. 53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the 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 Contract, 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 Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this o-(VA day of , 19 el IN THE PRESENCE OF: ��i�o✓ 0/-03. Co•••JST, Co . Principal ) 1.4_4./ B / —�-.,�• 1-5„1.■••.• (Seal) Witness Title: LS e UNITED STATES FIDELITY AND GUARANTY COMPANY Name of Surety By: � � ,��• B � (Seal) Witness Tito: ATTORNEY-IN-FACT APPROVED BY* IN THE PRESENCE OF: d. Y //��G21 ( )SH4O.sft owner tIL At■ ! , t ALIO_ By: f�[r- RX' 94,(A4 (Seal) Witness Tito: 0i((// / m i IL ii- f� - t _ J *This bond shall be approved in the case of the state by the state official authorized to entethnto such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312 JULY 1980 ED. PAGE 2 CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 89698 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 Timothy J. McKenna of the City of Green Bay , State of Wisconsin its true and lawful attorney in and for the State of Wisconsin 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 Timothy J. McKenna 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 22n d day of June , A. D. 1979 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By.... James D. Rector Vice-President. (SEAL) (Signed) Theodore G. Parks Assistant Secretary. STATE OF MARYLAND, } BALTIMORE CITY, On this 22nd day of June , A. D. 19 79 before me personally came James D. Rector , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Theodore G. Parks , 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 James D. Rector and Theodore G. Parks 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 82 (SEAL) (Signed) Margaret M. Hurst Notary Public. STATE OF MARYLAND I BALTIMORE CITY, Set. I, William Allen , Clerk of the Superior Court of 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 acknowledgments, 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 Superior Court of Baltimore City, the same being a Court of Record,this 22nd day of June , A. D. 1979 (SEAL) (Signed) William Allen Clerk of the Superior Court of Baltimore City. FS 3 (6-77) 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 of the Dominion of Canada and in the Colony of Newfoundland. 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 con- tracts 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 of the Dominion of Canada or of the Colony of Newfoundland, 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. 1, Theodore G. Parks 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 Timothy J. McKenna of Green Bay, 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 11th day of July, 1910, 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 Cy_ c� (Date) ..A.042 4..e........, ,i/' , ° 1 istant j'e eta,-y. 8532 (SUBMIT IN DUPLICATE) C/1 BID FORM SIDEWALK IMPROVEMENTS 400 BLOCK, NORTH MAIN STREET OSHKOSH, WISCONSIN BIDS CLOSE : 11 :00 A.M. , 19 September 1985 AT: Office of City Clerk -- City Hall Oshkosh, Wisconsin TO: City Manager City of Oshkosh, Wisconsin (A Corporation) WE Fluor Bros. Construction Co. —Pa n2rsh- 4- of 203 Otter Avenue Street Oshkosh, Wisconsin 54903 (414) 231-6260 City, State and Zip Telephone Number hereby agree to execute proposed contract and to furnish a satisfactory Surety Bond in the amount specified and to provide all labor and materials required to complete the construction of project designated above, for prices set forth below, in strict accordance with Contract Documents prepared by Yarbro-Kempinger Architects, Inc. , 1018 West South Park Avenue, P.O. Box 2096 , Oshkosh, Wisconsin 54903 , File No. 8532 , and dated September 4 , 1985 BASE BID NO. 1 : All work required to complete the entire project in accordance with the drawings and specifications, For the sum of ■O/ZC c//96%i'cci 7 44.1.-(".W J y p ca "7-4-e � W " r0 c) Dollars ($ 1/4 8532 C/2 UNIT PRICES 1. Machine earth excavation, per cubic yard $ � •� 2. Hand earth excavation, per cubic yard $ 3o� 3. Structural fill, per cubic foot $ O 4 . Compacted stone base course, 12" deep, per square foot $ 5. Curb and gutter removal , per lineal foot $ "■ 6. Concrete walk removal, per square foot $ Q 7. New standard concrete curb and gutter including repair to subbed, per lineal foot $ 8 . 12" thick concrete block foundation wall , �� parged and dampproofed, per square foot $ +c 9. 2-3/8" thick pavers including 1-1/2" thick sand bed and filter media, per square foot 10. Precast concrete planter filled with stone base and planting soil, all 30" high, per planter in place 48" square $ N 4 30" X 72 " rectangular 30" square $ ' �� 30" round $ SUBCONTRACTOR LISTING* TRADE SUBCONTRACTOR NAME Demoltion Work c./ / Earthwork .5,// Plantings Concrete Masonry /I Paver Work d q � Carpentry Electrical *If Prime Bidder intends to perform any trade work, note "self" under Subcontractor Name. 8532 C/3 ADDENDUM RECEIPT We acknowledge Receipt of the following Addendum NUMBER DATE NUMBER DATE NUMBER DATE 1 9/12/85 COMMENCEMENT AND COMPLETION The undersigned agrees if awarded the contract, to commence the contract work on a date to be specified in a written Notice of Contract Award, in accordance with Article 30 of Supplementary Conditions and to substantially complete the work on or before November 15, 1985. Accompanying this Proposal is Bid Bond certified check, bid bond, etc. in the amount of Five Percent (5%) of the Maximum Bid ($ ) as called for in the Instructions to Bidders. FLUOR BROS. CONSTRUCTION CO. (Name of Corporation, Partnership or Person submitting Bid) r Signature President (Seal - if Bid is by Title, if any Corporation) READ NOTES BELOW BEFORE SIGNING NOTE 1 : This bid will be rejected if the Bid Form has been altered or changed in such a way that it incorporates un- solicited material , either directly or by reference, which would alter any essential provision of the contract documents or require consideration of unsolicited material in deter- mining the award of the contract. NOTE 2 : If this bid is not accompanied by a bid guarantee, it will be considered NO BID and will not be read at the bid opening.