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HomeMy WebLinkAboutPW CNT 85-02/McMullen & Pitz Consturction CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 8th day of March, 1985, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the 17 Maritime Drive CITY, and MC MULLEN & PITZ CONSTRUCTION CO. ofra1xSWX, P. O. Box 8, Manitowoc, WI 54220 , party of the second part, hereinafter referred to as the CONTRACTOR, Y 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: Re: Force Main Public Works Contract No. 85-02, for Public Works Dept. , pursuant to Resolution #10 adopted by the Common Council of the City of Oshkosh on 7th day of March, 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 $637.658.00, 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. 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 _ irst above written . In the Presence of: CONTRACTOR MC MULLEN & PITZ CONSTRUCTION CO. ��v-+.gym-�-,•-�-� J By: Willott A. Pitz (Seal of Contractor President if a Corporation ) (Specify T ale) By: (Specify T t le:) CITY OF HKOSH.., By: �t .'t C ( � - _ By: �c � ( i -ss) William D. Frueh, City Manager / And:/\ i L i u Z;' (/ 7.1.j/J- /40.15° ��,vrtness) Donna C.Serwas , City Cler': I certi y that provisions have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. e Edward A. Nokes , City Comptroller Approved as tororm• City P . Kraft , Asst, Ci y Attorne y 3 Resolution # 10 _i 8 e 1 8 I 8 8 • .O O O < < y n. xi N O r F O e e w r m p 1 w O K N 8 JI1iIi 8 q ILJj: J p O tl p o • . a.• h M tl R g;x 22o ' 8 o Z °GOC lull ! , i 8 ° 8 8 8 8 p h L H N N 00 h O 22.."i^ no Ow3 0 2 4 + y Iii 0 V O - Q • 5F( O 8 8 88 p < w O G 8 8 ill . . F y t 4 O o ry 2 V n N H O O O h . V y t4 44 At � • r an Y e N O O 8 C_'. O b 1 xu y O C O • j u • : wy(IlI a N • �^ nom!Y y p d 7.:l O r o•.Oi • OIo4 ^ YIu6 0 i,• M ••• •C• •• D• • Y ,I� a a s II G w 6, 4 0 0 C m • . 0 rc 1 y ; o J� ^ � p al w� y-,yI ppL OOH y- 3� •r4„ti ''Gw -.9 y y9 il C O G O i L 6 v 0 6 ^ • ti. yUIy nr + U .L r C .Mi G $ •°i c:IC.. s X .� r- O ?I.. C c C B 4 . o Z y .cd U • • McMULLEN & PITZ 901 COMMERCIAL STREET ! CONSTRUCTION CO. PPHAONE 682- 315.54220 ?'. MARINE CONTRACTORS & ENGINEERS P.o.BOX 121z 1301 STATE STREET GREEN BAY,WIS.54305 MAIN OFFICE&YARD MANITOWOC, WISCONSIN PHONE: 437-9922 R ECE/Veb March 28, 1985 CjT4 117'47, City of Oshkosh OFp.TO/ �1''S P. 0. Box 1130 Cg Oshkosh, Wisconsin 54902 Attention: Mr. Warren P. Kraft, Asst. City Attorney Gentlemen: RE: Force Main Public Works Contract No. 85-02 In response to your letter of March 21, 1985 please find enclosed the following documents pertaining to subject contract, viz : 1 . Four (4) copies of Public Works Contract No. 85-02 executed on our part. It is understood a copy will be returned to us after final execution by the City. 2. Performance, Material and Labor bonds 3. Certificate of Insurance covering specified insurance coverage. It is understood the Contract will not become valid until signed by appropriate city officials, which signing is predicated on grant approval by the State of Wisconsin. Sincerely, McMULLEN & PITZ CONSTRUCTION CO. By Al I��f!-E 't C , Willott A. Pitz, Pres 1 t WAP:gcp Enclosures Pde Drr�.rr.,n, lqlrltj CesncrePr {enrtst � ;c�� c:, a ; .. r,�:% . ' t. PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that MG MULLEN & FITZ CO N: Tr UcTi 1 ,.„, r„i MAN°Ric, ►h' 3 ;l :ri d .ww..c......, a . hereinafter called Principal. meow i and lk, . .,:: s � . . CIA s: it _. 4 ,:. A Maryland Corvoratran win vrn '.ir.m awe is Baltimore City, Ma ylatai, hereinafter called Surety. are held and firmly bound« ?und unto ` 7.4/a t Norm.Oowa _ ....4/ a I em'”ante cane OWNER. in th' .enat sum o 61--�--, 4 0`' s ollars. SN ' "5; i in lawful money of the United tates, for the payment of which sum well and truly to be made, we bind ourselves, successors. and assigns. jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that where s, the Princip 1 entered into A cefain contract with the OWNER, dated the 7 l day of eVz_ '- Z-- 19 6 . a copy of which is hereto attached and made a part hereof for the construc- tion of: „L.A.-I....L.-- ;7?"") 42,71,- C--"1-4.-c-1---- ■-77..e . Z S- -0 ,...-- C _ eA- Q_ - z_ / t2 . NOW. THEREFORE, if the Principal shall promptly make payment to all persons. firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized exten- sion or modification thereof, including all amounts due for materials, lubricants, oil. gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise. then this obligation shall be void; otherwise to remain in full force and effect. CONTRACT DOCUMENTS FOR CONSTRUCTION 0' Occw R n. Ne E fEOERLL nn AT Assort°wen me song PROJECTS PerNPIS bond Nos I d 2 PY-1 PROVIDED. FURTHER. that the said Surety for value received hereby stipulates and agrees that no change. extension of time, alteration or addition to the terms of the con- tract or to the WORK to be performed thereunder or the SPECIFICATIONS accom- panying the same shall in any wise affect its obligation on this BOND. and it does here- by waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CON- TRACTOR shall abridge the right of any beneficiary hereunder. whose claim may be unsatisfied. IN WITNESS WHEREOF. this instrument is executed in Z. counterparts. each one o which shall be deemed an original, this the a 7 -a day of Q 19 ATTEST: Mc MULLCN & Pill CO2 MANITOWOC, WISCONSIN /7)72,LAAL . wrerN "moot!moos �- .. •(SEAL) By ( ) � / � �k '�i - - --• LLB Zv *.,.r.s r r i.ms».m • O • � %eP 1e"~� • AND DEPOSIT COMPANY OF MARYLAND 777 ��-c(re )J a.& '6- 'aQ o i i' c� s y` � �/rte-® r--- .e.o.m.r �erwi C- c1 4 1 W t.t r 3 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury De- partment's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located. oeew�.rM we • Pernent Sent.►qe 2 et 2 PY-2 PERFORMANCE BONO KNOW ALL MEN BY THESE PRESENTS: that I ULLEN & PI11 MANITOWOC, WISCON 1Pi maims-C/wKM.1 a � °' —�-'"``J . hereinafter called Principal, and PIDI TY AND DEPaStT COMPANY OF 1, tYap A Maryland Cornorat n wan orn1 dike is Baltimore City, Maryla , MOM*r f1/MW Ot:4)/4. � hereinafter called Surety, are held and firmly bound unto o....l lAS-wi-00011./ h reinafter ca ,-d OWNER. in the y;-nal Sum_of. - LZ / _.t - ( `w, - / - -z.�k-��� -- - Dollars. $((o .5K j_ d la�Fful oney'• the United St t� e£, for the payment of which sum well and truly to be made,we bind ourselves, successors,ors, and assigns. jointly and severally, firm]) by these presents. THE CONDITION OF THIS OBLIGATION is such that vitereas, the Princi l entered int a certain contract with the OWNER, dated the �f &t day of /r.2-e`,r- 19. , a copy of which is hereto attached and made a part hereof for the construction of: %) NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties. all the undertakings, covenants, terms, conditions, and agreements of said contract dur- ing the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period. and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. CONTRACT DOCUMENTS KO CONSTRUCTION OA DCIC,,."..v NC T FEDE1RAtir ASSISTED RRATEA ANC SEWER PROJECTS • A.+onn.ras Ws Paw I as 2 PF-1 PROVIDED. FURTHER, that the said surety. for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the con- tract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED,FURTHER, that no final settlement between the OWNER and the CON- TRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied: IN WITNESS WHEREOF. this instrument is executed in - counterparts. each one f which shall be deemed an original, this the _ °17 day of i9 x� MtMULLEN & CO 36 UL1R, MANITOWOC,WISCONSIN ATT ST: By /w�rsrrI f.aw., \ (SEAL)f6+✓ C' �% ?rd Means•w.•.ornt 7 ` �,Y/IiGK� ! 4.2.2B O ,B `r 1....8 /cf 7y r ��' .5 yaao QTY AND DFPn-SIT OF MARYLAND -ATTEST. (SEAL) r_ , - tj‘A4---ek J, NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership. all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury De- partment°s most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. aev.w sile 7 h.,.munas Pup 2 0 2 P F-2 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 Com- pany, which reads as follows: SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary 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 judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require, and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint Robert M. McKenna, James A. Temp, Gerald J. Nbrtell, Roger G. Ferris, Mark R. Boland, Jeanie Hlinak and Timothy J. McKenna, all of Green Ba Wiscon in EA Its true an. aw u agent an. ' ttorney-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 and undertakings nd the 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 Robert M. McKenna, etal, dated, March 21, 1979. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article V!, 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 November , A.D. 1980 FIDELITY AND DEPOSIT COMPANY OF MARYLAND e"� DE Pp ai ATTEST: ..*P nm c y 4SE±LI. e 0-) By 01.r•''` Assistant Secretary Vice-Pressdent STATE OF MARYLAND l SS: CITY OF BALTIMORE f On this 1471 day of November , A.D. 1980 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,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 have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. }u•'�:�-NOTA R Y v — y Notary Public Co�mm � . r � Explres7.uly..1.,.-.l982.. aF;. t°" CERTIFICATE I,the undersigned,Assistant Secretary of the I.1DELITY 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 certiricate;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 subscribed my name and affixed the corporate seal of the said Company, this 27th day of larch 19 P.5 LI428Ctf.— 184-3544 Assistant -.cretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK a � �� �s �"" ,ix .x # cx + . s � k i xr 7-A4... ... -"� ,* 5' '1,:i-,;,,t �t ' fps t , TI. %,,,,',---,'-; a. it s e '''',,,C.''' �, g" z` 'v ., ,-„s , v '� ,yab »'v"" r. r r f s, �c ?"4 �•° 't... 3-�`d—ij5 v �..€�. s�.rL'�� ��' .v`,'tSE �� si`�,"�. �y� �f �r� �v' A x, X _-_ _ .. C ,.....m'-',1*:- .. A 1 h r- E �L -s: , ,g ,' Murphy%Alexander: & Alexander ,- r P.O. Box 1204 -'' s Green Bay vVI 54305-5204 LrI w', :{, ° , t 4- Y, COMPAN ■ LETP A TE United States Fiuclity c, Guaranty Co. ! COMPANY INSURED - LETTER Integrity Mutual Insurance Company (ALBX McMullen & Pitz Construction COMPANY P.U. Box 8 � LETTER C Tower Insurance Company - -- (" 17 Maritime Drive 1 COMPANY D Manitowoc, WI 54220 LETTER _ - — - -" : COMPANY E ; LETTER ` COVERAGES is THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. As NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY r, BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS,AND CONDI- . TIONS OF SUCH POLICIES. 1 t`i't _— � �_ �,. ai CO TYPE OF INSURANCE — POLICY NUMBER ��POL'CY EEFcOfiVE7 I Pnl4Y eX?IRATION LIABILITY LIMITS IN THOUSANDS '' `,LTR 1 DATE(^AM7,2, Y; I DArt CMPA/OD,,,, 11 ,I: EACH ,4 ____.—.____. —.. I _ '` - tom<. OCCURRENCE t AGGREGATE_ GENERAL LIABILITY i I BODILY A© COMPREHENSIVE FORM J INJURY $ 1,500 :$1,500 © UNDMRGROUNDRATIONS I DAMAGE $ 1,250 $1'250 iiik ii EXPLOSION&COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS 1CC017223657 J 4-24-84 4-24-85 BI&PD CONTRACTUAL I COMBINED $ $ X INDEPENDENT CONTRACTORS i �i © BROAD FORM PROPERTY DAMAGE , ', © PERSONAL INJURY PERSONAL INJURY $ 1,500 ■ T AUTOMOBILE LIABILITY BODILY , A 9 ANY AUTO INJURY $ (PEA PERSON/ © ALL OWNED AUTOS(PRIV. PASS.) BAP047340117 4-24-84 4-24-85 BODILY HAN J INJURY $ ® ALL OWNED AUTOS(OTHER PATSS. 'TPER ACCIDEN 1 © HIRED AUTOS I I PROPERTY X NON-OWNED AUTOS i !DAMAGE $ ■ GARAGE LIABILITY I COMBIN PD . I J ED $ -700 EXCESS LIABILITY B I X UMBRELLA FORM ISX 902028 14-24-84 4-24-85 /COMBNED $ 2,000 $ 2,000 OTHER THAN UMBRELLA FORM :< STATUTORY .,. � A WORKERS'COMPENSATION 4603066848 4-24-84 4-24-83 ,.;"r" $ 100 (EACH ACCIDENT) AND EMPLOYERS' LIABILITY $ 500 (DISEASE POLICY LIMIT) $ 100 (DISEASE EACH EMPLOYEE) _ OTHER C Builders Fisk # To Be Determined 3-27-85 3-27-86 $637,658.00 (All Disk) DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Force Main Contract No. 85-02 Oshkosh, WI CERTIFICATE HOLDER CANCELLATION City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- 4 PIRATIOJII,DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR THE §. 215 Church Avenu . e MAIL ✓✓may DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE$HAIL IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 1130 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. - Oshkosh, WI 54902 AUTHORIZED REPRESENTATIVE Attn: Warren P. Kraft, Asst. City At rney 'ACORD 25(2/84) C IIR/ACORD CORPO-ATION 1984 '