HomeMy WebLinkAboutPW CNT 84-10/JHS Roofing CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 5th day of June , 19 84 ,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and J . H. S. ROOFING
of 230 McKinley Street, Omro, WI 54963 ,
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. 84-10, for roofing at Deltox Buildings ,
pursuant to resolution #9 adopted by the Common Council of the City of Oshkosh
on May 31 , 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 $ 92 ,175.00 , 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 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 nol 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
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 itsihis/ 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.
Precast
In the presence of: CONTRACTOR Concrete
J .H .S . ROO I NG a Div. of Specialties
By: 'c..)(1LA____.,
n L. Schroeder
ice President
(Specify Title)
(Seal of Contractor
if a Corporation) By:
(Specify Title)
CITY OF OSHKOSH
,f , ,WILLIAM D. FRUEH, City Manager
�.� .�..� �[ By: ./ , I Wyk
DONNA C. SERWAS3 City Clerk
I certify that provisions have been made to
pay the liability that will accrue to the
Cit-3, of Oshkosh under the within contract. (Seal of City)
.} b-icy" k v f�(`u c
EDWARD A. NOKES, City Comptroller
Appr ved as to orm':
'V\O ti= -4 to
Vfkit XMR ikl r `n ti 7'°( Mpt
Warren P. Kraft , Asst. City Attorney
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•r N CO 1 VI F
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 289.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO.
KNOW ALL MEN BY THESE PRESENTS:
That J. H. S. Roofing & Erection, a division of Precast Concrete
Specialties, Inc.Let ni'Ict inlesyle7ttree ei° mro, WI 54.963
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___9_shkosh}___Qshkash_,__-Wisconsin
(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—two thousand one hundred seventy five and
no/10Q Dollars ($-_92,_15-.0Q),
(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 19 , entered into a
contract with Owner for Roof repairs on The Deltox Building_, Oshkosh
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 289.14, 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
specific enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, ap-
paratus, tools, rppliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, 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 289.14,
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 11th day of June , 19__.84,
In the presence of:
J. H. /9. '.F,f i g & Er c tion
f {' ? /11 i 'pal
I Witness Title:
' " L S r (SEAL
)
FIDELITY AND DE"I1. eCOMfA Ye8 MARYLAND
4,4 Surety
Bar 7/(- C� QSEAL)
Witness Title: Attorney(-in-fact & Agent
Approved by* CITY OF OSHKOSH
In the presence of:
A municipal. _c_Qr_poration-_
Owner
Byz�%Cf_ ^L ""1 (SEAL)
Witness Title: Wi iam D. rueh, City Manager
*This bond shall be approved in the case of the state by the governor, 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.
C3018(WI)-2M,6-77 203579
Formerly Wis3018b
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 Corn
pany, which reads as follows:
"The President,or any one of the Executive Vice-Presidents,or any one of the additional 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 Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant
Secretaries 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 docu-
ments which the business of the Company may require,and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint Russell, M> Monroe and Robert A., Nado1ske, both
of Oshkosh, Wisconsin EACH oo � � � � o . 00O � oe _ , � � �
1 s rue a a
n awful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and aril bonds and under°ta.ki.ngs, ea th in a penal.ty not
to exceed the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000). . . , . . o -«--
• no t 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 Russell M. Monroe, dated
April 24, 1974—
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
7th day of June , A.D. 19_17.....
asao D EPost'y FIDELITY AND DEPOSIT COMPANY OF MARYLAND
hP '0m` c°` ATTEST:
'id SEAL
.CIX e
O OQ w
By
Assistant Secretary Vice-President
STATE OF MARYLAND l SS:
CITY OF BALTIMORE J
On this t day of June , A.D. 19 77 , before the subscriber, a Notary Public of the State of
Maryland,in andfor 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„ ve hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year
first above written. -4,\:, r..&-s ''�I//� /��
Ste: °TAR A // 741-?-0,2
am ' '= Notary Public Commission Expires__J�ly___1_,_e_7 9'78
'y. PUBoc./41
'"44?,RE G,,. 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 bscribed my name and affixed corporate seal of the said Company, this
_........__....O•-- day of .- s�'t-v , 19_6
U
Assists Secretary
L1419Ctf.—IM,9-81 F304:08101012.8PRnTECTION LOOK FOP 'rHE F&D WATERMARK
. SET TAB STOPS AT ARROWS
t t ♦ V t ♦ ♦ V
Certificate of Insurance
CCorc 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 AFFORDED BY THE POLICIES LISTED BELOW.
NAME AND ADDRESS Or AGENCY
The Monroe Agency Inc. COMPANIES AFFORDING COVERAGES
1429 Oregon Street
Oshkosh, WI 54901 FTT O "Y AUnited States Fire Insurance Co.
1_ MPA ER
COMPANY
` BThe North River Insurance Co.
I_E7TEP
NAME AND ADDRESS OF INSURED
J. H. S. Roofing & Erection I `"°MFG"Y +Westchester Fire Insurance Co.
230 McKinley Street
COMPANY
Omro, WI 54963 LETTER
`I COMPANY E
LETTER
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 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 conditions of such policies. _
Limits of Liability in Thousands(000)
COMPANY TYRE OF INSURANCE POLICY NUMBER POLICY EACH
LETTER EXPiRP TION DATE AGGREGATE
)1CCUPRI NCE
GENERAL LIABILITY
IMPLY INJURY $i ,000, $1,000'
❑ C• OMPREHENSIVE FORM �j (� p .l
B ® PREMISES--OPERA T IONS 540 581 9643 1/1/85 PROPERTY DAMAGE $ '200, $ 200,
El EXPLOSION AND COLLAPSE
HAZARD
❑ U• NDERGROUND HAZARD
® PRODUCTS/COMPLETED
OPERATIONS HAZARD SODA.Y INJURY AND
®
CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $
® BROAD FORM PROPERTY COMBINED
DAMAGE
LINDEPENDENT CONTRACTORS I -
• PERSONAL INJURY PERSONAL INJURY $1,000,
AUTOMOBILE LIABILITY FJODILV INJURv
___.. ;Er,r.HPERSON, I $ 250,
. B �X � ; 130 4134605 1/1/85 5
• .1M:-F.EHErJ`.I\/E EuFih;, i t If
DiLY JJJR $ 00,
.,
((��j"" i ESE ACCIDENT)
�J C,V,NF[' I
I 4 ?'Y I;AM AGE $ 100,_
X? Fr NJU dY AND
(� I E FE. t GAMCF $
NO*. 'NM ;
t-OMBINE.D
EXCESS LIABILITY
• PODI A INJURY AND
A I`� I;MWRFE.IA FORM 523 2633642 1/1/85 I EE�„I-E�, DAMAGE $5,000, $ 5,000,
1
I❑ OT HER THEN UMBRE LI A i l COMP!"ED I
E 1 FORM
WORKERS'COMPENSATION ,-'1 Ai 111 UHT
and
C I EMPLOYERS'LIABILITY ; 408316910 ' 1/1/85 $ 500,•
OTHER 4300,000 finished goods in
B All-Risk Form . 5002822071 1/1/85 lyard at 230 McKinley St. ,
On • W' • . : (1
)
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
Roof repairs at The Deltox Building, Oshkosh, Wisconsin
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing corn-
pany will endeavor to mail 30 days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company., this agency and
its representatives.
NAME AND ADDRESS OF CERTIFICATE HOLDER
City of Oshkosh DATE ISSUED: 6/1 2/84
0 shko sk,i, WI 54901 - r- / , ,.,fz
AUTH RIZED REPRESENTATIVE
The Monroe Agency Inc.
ACORD 25(1-79)