HomeMy WebLinkAboutPE CNT 84-02/Sanitary Sewer Mains 1
CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 9th day of February 10 19 84
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and PTS CONTRACTORS INC.
of Route 3, Cty. Tk. JJ, Green Bay, WI 54301
party of the second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH: That the City and the Contractor, for the
considerations 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. 84-02 pertaining to the television inspection of
sewer mains for the City of Oshkosh pursuant to Resolution #6 adopted by the
Common Council of the City of Oshkosh on March 1, 1984,
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 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 $ 9,664.00 , 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 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 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 1s
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
S. 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 .
- 2 -
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this
contract to be sealed with its corporate seal and to be subscribed to by its
City Manager and City Clerk and countersigned by the Comptroller of said City,
and the party of the second part her hereunto set its, his or their hand and
seal the day and year first above written.
In the presence of: CONTRACTOR
PTS CONTRAC ORS INC.
,� .� By: ./ Ao l/ S n
I a2y K. cfzenta
Cozpoicai.e Seeae..ta/.y
(Specify Title)
(Seal of Contractor
if a Corporation) By:
(Specify Title)
CITY OF OSHKOS
7/27
r
,GJ
,/'z‘, '/t1r.._ .//`' { By: ./ /„
t4LLIAM D. FRUEH City Manager
_ r By ✓ 2 ltd.)(/, /?,{ ` A,u �c
DONNA C. LUEBKE , City Clerk
5 ,
I certify that provisions have been made to
pay the liability that will accrue to the .
Cit of Oshkosh under the within contract. (Seal of City)
a_tt
EDWARD A. NOKES, City Comptroller
p. owed as tcim':
�,�--��
Jr W. Pty;.E, ity Attorney
- 3 -
Vale/Ai INDEMNITY CORPORATION
MADISON . WISCONSIN 53701
(a Stock Company, organized under the laws of Wisconsin)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That PTS Contractors Inc. Routs 3, Cty.Tk.JJ, Green say, WI 54301
(Name and address of the Contractor)
as Principal, hereinafter called Contractor, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety,
are held and firmly bound unto
City of €3shkosh, City Hall , 215 Church Ave., Oshkohs, WI 54902
(Name and address of the Owner)
as Obligee, hereinafter called Owner, in the amount of
Nine Theusand,S i x Hundred Sixty Four & no/100 Dollars ($9,664-•°° ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated February 9, 1964
entered into a contract with Owner for Contract Mo. 84-02 TV inspection of sewer stains
in accordance with drawings and specifications prepared by
(Full name of Architect)
which contract is by reference made a part 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 per-
form said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be indefault under the Contract, the Owner having
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, ci
(2) Obtain a bid cr bids for completing the Contract in accordance with its terms and conditions, and upon
determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by
the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such
bidder and Owner, and make available as Work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient
funds to pay the cost of completion less the balance of the contract price; but not exceeding, including
other costs and damages for which the surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the
total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the
amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment
under the 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 the heirs, executors, administrators or successors of Owner.
Signed and sealed this 30 day of March A.D. 19 84
PTS Contractors Inc. (SEAL)
/f Y� ' (SEAL)
Witness JVZ (4e.
PrincipaI)
Co/Lp oIt..a.te Sec2e.ta2y (SEAL)
(Title)
CAPITOL INDEMNITY CORPORATION
a Wisconsin Corporation, (Surety)
Witness •�' By: (%t. '11 1. A4/// �� • -,. 1-'a L c (SEAL)•
(Title)
FORM AIA DOC.UA-31 I CONT.202-5-'70
Capitol Indemnity
y.y C04403/4,42404k_ Madison, Wisconsin
61lii'll (a Stock Company, organized under the laws of Wisconsin)
• ►m+ LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That PTS Contractors Inc. Route 3,Cty Tk,JJ, Green Bay, WI 54301
(Name and address of the Contractor)
as Principal, hereinafter called Principal, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety,
are held and firmly bound unto
City of Oshkosh, City Malt, 215 Cburch Ave., Oshkosh, WI 54902
(Name and address of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Nine Thousand, Six Hundred Sixty Four & no/100 'Dollars (10.664.00 _),
(Insert a sum equal to at least one-half of the contract price)
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 February 9, 19b4
entered into a contract with Owner for Contract Mo. 84-112 TV Inspection of sewer mains
in accordance with drawings and specifications prepared by
(Full name and address of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment
to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the con-
ditions outlined on the reverse side of this bond:
Signed and sealed this 20 day of March A.D. 19 84
PTS Contractors Inc. (SEAL)/na /7( 7*->gi,40112,,d Witness r°.J C �'�°Z"�� (SEAL)
(Principal)
Co 2R o.za.f e Secice.ta4y
(Title)
CAPITOL INDEMNITY CORPORATION,
a Wisconsin Corporation, (Surety)
Witness 4.40,— L.Jec,c.cr -/ By: of L� (SEAL)
Attorney-in-fact _
(Title)
FORM AIR DOC.#A-311 CONT.203-8/81
V0101t04DEMNITY CORPORATION
POWER OF ATTORNEY N2. 177134
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
RUSSELL M. SHIRLEY OR SHARON R. TEWES OF MILWAUKEE , WI
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 $500 ,000 .00
This Power of Attorney is granted and i; 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 duly called 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)-i' -fac', 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 may be 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 bindin; ..upon the Company, and any such power so executed and certi-
fied by facsimile signatures and facsimile seal shall be valid o d 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:
/'%SAM%'R $� CAPIIT NDEMNI C 1
Secretary ' •�� way.-
STATE OF WISCONSIV 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.
STATE OF WISCONSIN ) rmu
s, ,`
) SS. "'' otary Public, Dane Co., Wisconsin
COUNTY OF DANE ) My Commission is permanent
CERTI FICATE
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 'emains in full force and has not been revoked; and furthermore, that the Resolution of the Board
of Directors, set forth in s,.e Power of Attorney is now in force.
Signed and sealed at the City of Madison. • ed the ) 1L
day of ,19
,C
s .1., t -/
4 r CnL)�Yl-•]-G'
/ James P. Bigl /f Vice-President
/__ ____ ___ __
' " ____-___-_-__ D..
..;,r',.. - Or 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA E HOLDER.
;')1:r' !' ' ' '. ' ''' THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE.AFFORDED BY THE POLICIES LISTED BEL'W.
.,:::::!.• NAME AND ADDRESS Or AGENCY
0:44.i: 525 EAST MICHIGAN ST
W...;•;', NAME AND ADDRESS OF INSURED
VY,5",-; , Y.).
i',1.::..! This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requiremenl, ::
1,1,;;, term or condition of any contract oi other document with respect to which this certificate may be issued or may pertain.the insurance afforded by the policies described .._
fitt,VT herein is subject to all the terms exclusions and conditions of such policles
TYPE OF INSURANCE POL.CE NUMBER
1,t01„,;.1, LETTER EXPIRATION DATE EACH ,
GENERAL LIABILITY
HE,,Dt -'!r.;„H)PY CJE AGGREGATE! Y..,
Iv pat 1
__[___ '!.'y
n PERSONAL INJURY !
it1:!4; AUTOMOBILE LIABILITY . BODILY INJURY $
I PROPERTY' DAMAGE
I COMBINED tr.
i STATUTORY
kt,!••'* ' and -.;::
-*,1! EMPLOYERS' LIABILITY $ (EACH ACCLDEN I!:!,,
17N,..iy DESCRIPTION OF OPERATIONSILOCATIONSWEHICLES 'ti
ri).,c1, 4:'
clfre 1:.
'1:1':I.,''..,':.. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuiril company will ,,,,,
I endeavor to mail ' - days written notice to the below named certificate holder. but -failure to mail such notice shall im- ...
pose no obligation or liability of any kind upon the company. 4,-,
.1.;..',,,','11;X:::,,
,e)t'! NAME AND ADDRESS OF CERTIFICATE tiOLCER
it.
___ _ ___ ___ _______ _ _ _ _ ______ _ __ __ _ _ _ __
March 1, 1984 #6 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: AWARD BID FOR PUBLIC WORKS CONTRACT 84-02
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh has heretofore advertised for bids for
Public Works Contract 84-02 pertaining to the television inspection of sewer
mains ; and
WHEREAS, upon the opening and tabulation of bids, it appears that the
following is the lowest and most advantageous bid:
PTS CONTRACTORS INC.
Route 3, Cty. Tk. JJ
Green Bay, WI 54301
TOTAL BID: $9,664.00
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the said bid is hereby accepted and the proper City officials
are hereby authorized and directed to enter into an appropriate agreement for
the purpose of same, all according to plans, specifications and bid on file.
Money for this purpose is hereby appropriated from: Account No. 910-512 -
Sewer Utility - TV Inspection.
A 19.84
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