HomeMy WebLinkAboutPW CNT 85-16/Four Way Construction CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 2nd day of August, 1985, , 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, Wisconsin 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. 85-16, for sanitary sewer, water main, storm sewer
and appurtenant work , pursuant to Resolution #13 adopted by the Common
Council of the City of Oshkosh on 1st day of August, 1985, ,
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 $556,096.25, 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 th Pre nce of:
i CONTRACTOR
0 /,L
By: i `T---)
,....
(Seal of Contractor ,„,d :
if a Corporation ) (Spec fy)Ti )
` te
✓By: l. ir,:. a.,a
/
(Specify Title
I /I CITY OF SHKOSH ,, 7
By: , s-� ( / ° ,' -,�c,r (_.__ By: f&‘4-41.! r,C c,"�l/ !-' ' (Witn,�ss) Wiiam D. Frueh, City Manager
' 'l� ��k
I
(fitness) 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.
L, ,i) a _L__
Edward A. Nokes, City Comptroller
App\owed as to, f rm
_i
Warren P. Kra , As .t, City Attorney
3
CONTRACT ROUTING SLIP
CONTRACTOR: FOUR-WAY CONSTRUCTION OF WISCONSIN, INC.
NATURE OF CONTRACT: Contract No. 85-16
(After processing through your office, pass on to next name on slip) .
DEPARTMENT INDIVIDUAL DATE PROCESSED
TO PROCESS TO PROCESS IN OUT
Originate Council Date
CITY ATTORNEY L.Z. 8/1/85 8/5/85
CITY CLERIC
CONTRACTOR u. A17 7(/�..; /✓/ .l.✓► } . '' f_S ��///. j
CITY CLERK U'ote V
CITY MANAGER /3C' / -)C%
ITY CLERK 'el/SC= </-4
OMPTROLLER W-14
ITY CLERK
THER
ITY ATTORNEY
ITY CLERK
0 DISTRIBUTE
OPIES
ADDITIONAL EXECUTED COPIES TO:
4:oft:Jo THIS CERTIFICATE IS ISSUED AS.A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOROED Br TIIE POLICIES LISTED BELOW, '
, NAME AND ADDRESS OF AGENCY i
1 COMPANIES AFFCIRDING COVERAGES
NAME AND ADDRESS OF INSURFD ,
This is to certify that policies of insurance listed below have been issued to the nsured n3UTIF-O oDO,,. 1-0 1° •,- 4:-rrcy---,"V.',.:;Tir•IL.' Nut,,,,,tt-sland■ng 3ny•equirement,term or condition
of any contract or other document with respect to which this certificate may be,ssued or 'T,I, -..,.-,0*.lp ",,e, 0.wa.-0_,,341(;,0e,'ty, ,r,e pc,t(..es cescHbed herein is subject to all the
terms,exclusions and conditions of such policies
x yPE OF INSURANCE
'.... COMPREHENSIVE FORM
. PREMISES OPERA;IONS $
EXPLOSION AND COL L APSE ' '
, HAZARD
.,. UNDERGROUND HAL/A.-ID FILED , ._ _
PERSONAL .N.ISLRF CITY CLERK
■
4_,,_,...... ..
OTHER ,
Cancellation: Should any of the above uosit.n»eu vohuos he mooviu u°'up y ,"*'.�'o.` (-Lite me'cot the .,su.,e nom-
' pany will endeavor to mail dayn �'in"n na- c" i.` �r./ o.,,n xer`~` x`^I .a'e xomvi i^vr faim,~ to ^
mail such notice shall :moose "cobogation o, hah`!.t' c| ,,`/ ,.`~ „if. , '/ ' c"r a"� �
.
.
^
NAME AND ADDRESS | •
{
CITY OF OSHKOSH
P O 9OX 113� `
/L ./ '
[/9�|/O�H uI 5'19�� } --
| ' «
`JOAh HE' pPl,�q
^co*o�n�� ,.
— —'_ __~..._'_
WISCONSIN SOCIETY OF ARCHITECTS z`IIII Ili,
� I • �
% I Ki':1��
THE AMERICAN INSTITUTE OF ARCHITECTS ��-��":"•"�►��•
)
WIS. AIA DOCUMENT
W JULY 1980 ED. WIS. A312
P, PUBLIC IMPROVEMENT
PERFORMANCE/LABOR AND MATERIAL
vi PAYMENT BOND
THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
O TO SECTION 779.14 WISCONSIN STATUTES.
vi
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)
FOUR-WAY CONSTRUCTION OF WISCONSIN, INC. , P.O. Box 133, Berlin, Wisconsin 54923
as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety)
CAPITOL INDEMNITY CORPORATION, Madison, Wisconsin
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 CITY OF OSHKOSH, P.O. Box 1130, Oshkosh, Wisconsin 54902
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the
amount of Five Hundred Fifty-Six Thousand Ninety-Six and 25/100s
(Here insert a sum at least equal to the contract price) Dollars ($ 556,096.29,
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 August 2 19 85, entered into a contract with Owner for
Public Works Contract No. 85-16
in accordance with drawings and specifications prepared by (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,
in
The said written agreement, drawings, specifications and amendments
are hereinafter referred to as the Contract.
r
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES td
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 12th day of August , 19 85 .
IN THE PRESENCE OF:
FOUR-WAY CONSTRUCTION OF ISCONSIN, INC.
Prins
�� .
Br �) 1(..� (, a$7.---d
'` (Seal)
Wita,' Title:
CAPITIL INDEMNI 9'ORPORATION
♦ N of Sty � ;
Witness Tide: El i zab'th M. Fedyn, Attorney-I n-Fact
APPROVED BY*
IN THE PRESENCE OF:
Owner
By: (Seal)
Witness .rte,
*This bond shall be approved in the case of the state by the state official authorized to enter into 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
INDEMNITY CORPORATION
POWER OF ATTORNEY c� 8 1-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
- - - - CHARLENE BOHLMAN, DENNIS M. BARTON, JOSEPH L. VIGNA - - -
- - 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 $600, 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 dulycalled 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 maybe 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:
M�IY!���e7+./ ( ce.sem. CAPITA N D EM N I CO RAl'I
Secretary •' '
STATE OF WISCONS / 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.
autr • /'
STATE OF WISCONSIN ) s """
SS. ` 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. 10• ed the 12th day of August ,19 85 .
•) 7,1 c
James P. Big1e/r Vice-President
CHANGE ORDER NO. 2
TO^ FOUR-WAY CONST. OF WI INC. DATED: July 30, 1986
P.O. Box 133
Berlin, WI 54923
Your present contract with the City of Oshkosh, Contract No, 85-16 9
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
SECTION II - WATER MAIN - Total Increase to Section $2,197.70
Total Decrease to Section $ 694.50
NET INCREASE TO WATER MAIN $1,503.20
SECTION III - STORM SEWER - Total Increase to Section $14,463.39
Total Decrease to Section $ 4,331 .48
NET INCREASE TO STORM SEWER $10,131.91
NET INCREASE TO SECTIONS II AND III $11,635.11
}
Reco"b'ded; Ar CITOF OSHKs'H
By;
firector of ' .blic ' or s City _nager
if-
( Z/'ls1:L �
City Clerk
Appro . • and ac ep ,ed:
Contr-/ to
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 form:
City Attorney
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CHANGE ORDER NO. 3
TO: FOUR-WAY CONST. OF WI INC. DATED: September 2, 1986
P.O. Box 133
Berlin, WI 54923
Your present contract with the City of Oshkosh, Contract No. 85-16 ,
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.
Section I - Sanitary Sewer
Total Increase to Section $5,929.36
Total Decrease to Section 4,215.59
NET INCREASE TO SECTION I $1,713.77
Reco nd ed:
/ _,-7 TY OF O OH
6, i4 � 'By; , C- \C -Z z---
9_ rector of -Pub , c Works City Manager
Ad /WI / A1/1./.. /
City Cle
9
Ap. e- - ,. •ted
(° ,: i. A il...%. . _� r ./6, /J
°' Contractor
I t ✓f ��' 1
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
Appr•ved as to
ill Nig
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City A o ne.'
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