HomeMy WebLinkAboutPW CNT 85-10/Albright Construction CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 3rd day of May, 1985, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as the
CITY , and ROBERT ALBRIGHT CONSTRUCTION of 1633 Brooks Road , Oshkosh, WI
54901 , 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 T . 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. 85-10 , for building additions and alterations to
parks , street/sanitation and electrical departments, pursuant to Resolution
#421 adopted by the Common Council of the City of Oshkosh on 2nd day of May,
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 TT . 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.
? RTIC E TIT . PAYMENT
(a) The Contract Sum.
The City shall pay to the Contractor: for the performance of the
contract the sum of $406.543.00 , 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.
ARTIC E 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: i CONTRACTOR
/.2/4
./„ ' r_ /BERT ALBRIGHT CONSTRUCTION
# (4.-, p ' l . ; (�° Ica.__
By:
(Seal of Contractor (Specify Title) ^^
if a Corporation )
By:
(Specify Title)
,� CITY OF OSHKO.H
><7 / - _ ,/,z0e,i,eZ_/
By:_ � �(1'
'AL . By
(Wit esr William D . Frueh, City Manager
...Zii,
/4. �/, And: „k 2 l: 1 —.
/1/ fitness) •Donna C .Serwas , City Clerk
c h 7 n
I ce i_y at 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
Appro -d as to =• rm:
Warren P . Kraft , As t , C ' Attorney
3
4 CERTIFICATE OF INSURANCE
HERITAGE INSURANCE
Heritage Mutual Insurance Company•Sheboygan,Wisconsin 53081
Name and Address of Party to Whom Name and Address
this Certificate is Issued of Insured
City of Oshkosh Robert J. Albright
215 Church 1633 Brooks Road
Oshkosh, Wisconsin 54901 Oshkosh, Wisconsin 54901
Att: William Frueh or Donna Serwas
INSURANCE IN FORCE
Type of Workers' Automobile Liability General Liability
Insurance Compensation ❑ Owned only )c] Premises—O.L.&T.
and Hazard and Employers' El Non-owned only Xi Operations—MAC.
Liability ❑ Hired only )] Elevator
a Owned, non-owned )p Products/Completed Operations
Inc. and hired ❑ Protective (Independent
❑ Describe auto below Contractors)
El
Year
Make_._.
I.D. No.
Policy Standard ❑ Combination jel Schedule
Form Comprehensive Comprehensive
❑ Garage ❑
❑ Econco
All Risk CI
❑ Thriftco
CI
rr��
Limits Statutory: and ❑ Separate limits ❑ Separate limits
of $ 100,000 — –-- Bodily Injury Liability Bodily Injury Liability
Liability per accident $ j'�j� 'j�(�(� per person
(employers' liability) $�,SUU;OM per occurrence $
*Coverage applies in or accident $-1,500,000 per occurrence
_ aggregate products/
following state(s): Property Damage Liability completed operations
$ per occurrence Property Damage Liability
or accident $ per occurrence
El Combined single limit $_ aggregate operations
gga�d' j Prop. Damage Liability $ – aggregate protective
$-_l_' �_9 uuu –– per occurrence $ 1,500,00D aggregate products/
or accident completed operations
$- - aggregate contractual
❑ Combined single limit
Bodily Injury& Prop. Damage Liability
$ per occurrence
$ aggregate
Policy 8310268 969301 969301
Number
Expiration
Date 01-26-86 01-26-86 01-26-86
The above policies identified under the policy number are in tained shall be considered as in anywise modifying any provision
force on the date indicated below. If a number is entered under of said policies.
policy number, the type of insurance shown above is in force, but In the event of reduction of coverage or cancellation of said
only with respect to such of the hazards, and under such policy policies, the Heritage Mutual Insurance Company will make all
forms, for which an "X" is entered, subject, however, to all the reasonable effort to send notice of such reduction or cancellation
terms of the policy having reference thereto. The limits of liability to the certificate holder at the address shown above, but the
for such insurance are only as shown above. Nothing herein con- Heritage Mutual Insurance Company assumes no responsibility for
any mistake or for failure to give such notice.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY A D CONFERS NO RIGHTS` UPON THE CERTIFICATE HOLDER.
1 •
Date v,,e' -. 4 S By �- .
v
Authorized Representative
U-650(3-75)
iii O Q Z 1 4.4
Jr ►
Z
O
5 r. N�
N.O�
CC
. E. X WI
Nz O
m 3
u
CC 0 Z
a a
al a
z
O N d
u c
Q liUIII '- $• o
< m
_
I Z N C N n Y
a CO Jo .a < a a •
I. 12.1 Y N z m Jn
Q V 7 < F V O N
\ •
C i L S
G 3 Y
• O C 0 G ' V C _ I
< N - to Vf 0
fn 0
.Z. aC Y a
G 2•4 S I..
•
_ t
- ap
W N
I
r f M n m
•
•
O ...1 N V
. \ q O
a o:N
N
m Y 3
. J o
M L
Y PO H
ce 0
u
w c •0
rt
L W JJ „0 Y r•02
V .w - V ..4.'J a
er • 0 u 0 %.Ni V
y a n ?c. a m• O w 0
fV„I,G GI.0 ee C'O 0 r+
y'.ms r O +J m e.• V a .4 A V a
+ V
E. 0 0 C .+w n in
� 'O a r G La
vi ,.. A c w 4 0 x y V
r 0 O 0 V •' en N N
V C
co 4).0 n A W a n
V V 0 .E
O V r
.. G... C a.-t C Y ..rf V
a
V f. .J 0 V .O r G'
O'<• 6 n 6 �.+y O a V. 3
n
o u w�
a u .8 V o • w o 1.v t O F
o G p > o m F 0.OS C • 3
r
c . > o 0 m C T V C U
G _
C N < .+ Y V ^' O +.) vai a 'O 4 < L it
00 N C O > N ..f C'4 V .J C m V
.. N'O Z 'O .. C .. V 00.4 C O
C J a 'O . V+ 3 V v 0 C V a N U
a N
0. 3 • 00 N Q. V .0 N A V V .�
. O Les-0 V t en c> i 4 V V E
'0 0.d V C
m A ' = F
GI
4,4 M I
— 34a -
Bond No 60 68 587
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 Robert Albright Construction
1633 Brooks Roane; nReo vid,revs oor legal t tl S it n Contra51901
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, Wiscon in
(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 FOUR HUNDRED SIX THOUSAND FIVE HUNDRED FORTY—THREE. 11..ND .N01.1.0.0----
-
-Dollars ($406, 5)4 3 . 01)
(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 present
WHEREAS, Principal has by written agreement dated NaY 3, 19 8 5 , entered into a
contract with Owner for Public Works Contract No . 85-10
in accordance with drawings and specifications prepared by MICHAEL J. ZWEIQI ,�___,�_,_L_,�_,__,___,-___
ARCHITECT AND STRUCTURAL SYSTEMS, WILLIAM C, AS_HTQN,____P_.E_.
(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 779.14,
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 7th day of May , 19 8-) •
In the Ares e ALBRIGHT CONSTRUCTION
1 VibBERT
ir' 0 I Psi;ipal
*
(SEAL)
Witness Title:
FIDELITY AND DEPOS MPANY OF ARYLAND
Surety
\\Y .C By ' ' / slim
Witness Title: Brent E. Rice, Attorney—in—fact
Approved by*
In the presence of:
Owner
By (SEAL)
Witness Title:
*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 217603
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 corporation 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 Company,which
reads as follows:
"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."
does hereby nominate constitute and appoint John Markotic, Richard G. Rohn, R. Hohensee, Edith
A. Linke, Lawrence J. Donahue, Jeffrey R. Meisinger, Annette Crozier and Brent E.
Rice, all of Milwaukee, Wisconsin, EACH
its true and lawful agent and Artorney-tn-Fact,to make,execute,seat and delivet,tor,and on its behalf as surety,ana as
its act and deed: any and all bonds and undertakings
e 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 John Markotic, etal, dated,
October 14, 1983.
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 May ,A.D. 19--$4....
ty C ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
e () pea_g_2_,,,,,
By -.....
Assistant Secretary Vice-President
STATE OF MARYLAND �:
CITY OF BALTIMORE
On this 14 th day of May A.D.1984 ,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,tome 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 fc-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 by Official Seal,at the City of Baltimore,the day and year first above written.
_. .. ... -.- .. ...
Notary Publi Commissio ' es..J -...].4...19.€1..
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 pon a certified copy of any Rower of attorney issued by the Company,shall be valid and binding upon the Company
with the same force and el ec ,is though manually affixed.
IN TESTIMONY WHa,REOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 7th day
of May 1985 .
L1428.—C,f. —184 "issa'u
FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK