HomeMy WebLinkAboutPW CNT 85-05/PTS Contractors CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 22nd day of March, 1985, 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. Trk. 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
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. 85-05, for Public Works Deparment - TV
inspection of sanitary sewers , pursuant to Resolution #13 adopted by
the Common Council of the City of Oshkosh on 21st 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 110.892.70 (Unit price $.399) , 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
1
documents are on 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 the Presence of: CONTRACTOR
4 ? ) PTS CONTRACTORS INC.
;� 1 L I"LtZ f j�.rtc� r
By: je24.7 '
(Seal of Contractor
if a Corporation ) (Specify Title)
By:
(Specify Title)
/7 CITY OF 0 HKOSH
By I' .� By. ,rL,C` - --- 1 �
( William D. Frueh, City Manager
. ,
And• kln
(Tartness) 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.
Edward A. Nokes , City Comptroller
Approved as tp form:
Warren P . Kra'_t , Asst , City Attorney
3
R soiutiiori 4'11:1 1
...
. ,
w
....,
!.
-.:. ,...,
,.,
4n. ......1 -0
I I I
.....1 ,_,
0 GI 1) 0
G. al
I .
1444,
0- Ul
0 •"4 , ,
0 0 ---
I
1 /
10.1 4.1
ca, 0, GO
,..3 . 1...,
< • 0 ,
C
7 1.0 ,In 04
0 .1
N0•••••• . an
6 0= Z
Z r. V 0 01
I .
,................. ....
4
,
., ...
to
....
,...
ft. •04
,..., C .
wi Co 0. Oa
73
•Y al 0 40.
L.0 0 n
..,
VI C0....4 —.................... ....../.
n 44-44—4.4.44.1—....•1 /
.on
> U
:4
t_. .,...,
2 3
vi 0
24 1.1 da 23
•
f. : 27
a.
(... C O.
6.3 V F. ev
■-■ ,T
.'....
C5 re,0 0 01-
-..
ll
'5'; ,....5-55.555.5555■......5)................555.5........e,.5.55-5■555.5 5,
........■5.0„.,5
v. ................. . _....,..... ....,, ,,,._
te
Ch;' ' t. ''''''' 4+. •
0
0 ...
u...
, _.,
CC Z 0
en >, U 0
05 M 51.1 0
.-51 0 o. a)
. .0
a, c,..c .,,•: .r0 f-'. •••■ 0 .3
6-1 50 01!
.. .
<es 6 al
0 ,
•<1 G;'2
.....„.„,
.... 0....
t ,
...3.
c4, 131
4,G4 03 0
...
4
3 fi C.
t. V.: X 0 VI•
55
i4
C, .1.1 0
r■ 4.1 40
"-I
...' 0.1 0 "V
.,.
r._ 44
co 03
C. al
•-, b .. , v,
n- o
'-' ••
.•.
'1
IVI::■ VT1
114
0 •■4
.6. fr,'
i-• .,,,
b-,
:- r•0 r,
,
a... ,
f C,
.... n
I t-1"•17.(3. 1`..:.
.....,
....—
/ I
; I ... ..,..,
n ,.....
•
1....-.. ,..,
-•, a.,
I I
I 1
. ,... n a.
515 e5 51)
i
.•,--. n,
1 1 0 v.
.. 0
1 I
U
C..,
I . .
0
. 1
I ....
.4
I I
Z C-.
.-•. r,.
...) C.
• •-• Z ..r ....,
1. .....
1 I •..7... " ' . CO 0
1 I
i I
1 "1 • • ,„.
t / I
I I
; I
I
, I I
,
._ ....
i I
Of 1 Certificate of Insurance
•
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT HOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED.BEL'W.
;NAME AND ADDRESS OF AGENCY
COMPANIES AFFORDING COVERAGES
LCORROON & BLACK OF WISCONSIN , INC. -- -------____- ---_._._ .-.-_-_— —_-- '.
525 East Michigan Street A Continental Casualty Company
• Milwaukee, Wisconsin 53202 EE, �__---_-----.�__---___--. --_-__-._-
414-271-9800 i COMPANY B American Casualty Company
I LETTER
"A{gE,AyjD`lA.` iitf I�U rs, Inc. ;Greg Joski;HubertcoMPANY c Transcontinental Joski;Walter Joski;Gary Schenian ; LETTER ,
Route 3, County Trunk JJ COMPANY D z
Green Bay, WI 54301 f—TTEF' _---__---- — — ---
COMPANr' 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 Notwl rstd'iing an rer,r erne
term or condition of any contract or other document with respect to which this certificate may he issued or may pertain, to insurance afforded by'r i;olinies-escr'b d
herein is subject to all the terms exclusions and conditions of such policies.
— -.---
7 �_
U" 1/'1.4,-1,R._ � v ;ANDS
n,
COMPAtiY 1 TYPE OF NSURANCE 111;11 NUMBER POC ICY __
LeTree ! ExP RA*,CN GATE — - - —
GENERAL LIABILITY BODILY INJURY is 500 500
... B l��,, COUPREHENSFVE oJse CCP 06 220 70 12 7/10/85 j i ,,
•
i IC1 PREMISES—OPERATIONS PROPERTY DAMAGE 1,
ma EX
COLLAPSE N AND HAZARD _`— — ` 300 300
x'
JNDERGROUND HAZARD i ,
PRODUCTS/COMPLETED
OPERATIONS HAZARD I I 4'
BO.,i L.V I'vJURV AND ,
ICJ CONTRACTUAL INSURANCE PROPERTY DAMAGE i
■ F.,,,-1 BROAD FORM PROPERTY COMBINED
LX, DAMAGE
ailINDEP CONTRACTORS ._..____._ .--.-..—
I
'FHSONAL INJURY 500
X' PEP5T,,NAL NJ■IRY
AUTOMOBILE LIABILITY BODILY rINJuRY $
A BUA 02 220 70 14 7/10/85 EACH PERSON
DOMPREHFNSIVE FORM
�X 50DIL IN„JRti
OWNED IEACH AC rJENr i$
r I— PROPERT DAMAGE $
�, HIRE.; ---
, X OW
. I � VON. NED I j
BODILY,NJURY 500!___i I PROPEP'V DAMAGE I
COMBINED .._
r EXCESS LIABILITY --' l 4
BOOT :' 'NJURY AND I Y`
A j-xI JMBRELL.A FORM UMB 00 220 70 15 7/10/85 PROPEF?Y DAMAGE 1 ,• 2,000 2,;',
l OTHER THAN UMBRELLA ($ IS
LJ FORM I COMB=:NEO
I ',,,
I 1 ,
-W(.:f-:KERB COMPENSATION '1
* C and i WC 04 220 70 13 7/10/85
EMPLOYERS' LIABILITY i ( $ See** ;EACHACC,IOENTi
OTHER -- — — -- -- —I'49021iiitil8YettNstPldbrist 1. S
$100 ,000 each accident
$500 ,000 Disease - policy limit
$100 ,000 Disease - each employee
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, tLs issu:.)a D'e'ad, vv!, .
endeavor to mail 10. days written notice to the below named certificate holder. bat failure to mail Sac r lic - i ;r ' in' 'l..
pose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER
DATE ISSUE: 4-3-85
City of Oshkosh i J ;
City Hall CIL,77;-'7/ �
• • 21 5 Church Avenue t°'� , f '
P.O. Box 1130 u,HORI;EDHEPIESEr,1 s--_— ;,`
Oshkosh WI ••2 7 ,...
•
'HP[5;,.7',i:
'
(10
•/ 1 INDEMNITY CORPORATION
Madison, Wis. 53705-0900
(a Stock Company, organized under the laws of Wisconsin)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That PTS Contractors,Inc. Route 3 County Trunk JJ
(Name and address of the Contractor)
Graen, Bay, Wisconsin 54301 _
as Principal, hereinafter called Contractor, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety,
are held and firmly bound unto
City of Oshkosh
(Name and address of the Owner)
215 Church Ave., P.O. Box 1130, Oshkosh. WI 54902 _
as Obligee, hereinafter called Owner, in the amount of Ten Thousand Fiat Hundred Ninety Two
and 70/100 Dollars ($ 10,892.70 _),
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 March 22,1985
entered into a contract with Owner for Contract 85-05, TV Inspection of Sanitary Sewers
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'havingperformed
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, c
(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 _ 3rd day of April 1 A.D. 19 85
PTS Contractors, Inc. (SEAL)
t' / i� (SEAL)
Witness L .)I.ii ';///e2(, :` ev
(Principal)
r -sw— (SEAL)
(Title)
CAPITOL INDEMNITY CORPORATION
a Wisconsin Corporation, (Surety)
Witness Z 1 �f By: v-(./•>-.,Est .N (/ ec J; (SE.AL)
/ c Attorney—i n—fact
���/// (Title)
FORM AIA DOC.pA-3t I CONT.202-5-'70
Capitol I ndamnity
Madison, Wisconsin
(a Stock Company, organized under the laws of Wisconsin)
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That PTS Contractors,Inc. Route 3 County Trunk JJ
(Name and address of the Contractor)
Green Bay, Wisconsin 54301
as Principal, hereinafter called Principal,, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety,
are held and firmly bound unto
City of Oshkosh
(Name and address of the Owner)
215 Church Ave., P.O. Box 1130, Oshkosh, WI 54902
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Ten Thousand Eight Hundred Ninety Two and 70/100 Dollars ($ 10,892.70 ),
(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 March 22,1985
entered into a contract with Owner for_ Contract 85.055,. TV Inspection of Sanitary Sewers
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 3rd day of Apri 1 A.D. 19 85
PTS Contractors, Inc. (SEAL)
Witness r/''L7 f `p2/ fa v (SEAL)
(Title)
(Principal)
(Title)
CAPITOL INDEMNITY CORPORATION,
a Wisconsin Corporation, (Surety)
Witne ,76, By: tf i 1 ate{, .K-t. ( lr. (SEAL)
Attorney—in—fact
(Title)
FORM AIA DOC.#A-311 CONT.203-8/81
Va./OA/INDEMNITY CORPORATION
(q_D
POWER OF ATTORNEY
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 -------
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 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 duly called and held
on the 5th day of May, 1960:
"RESOLVED, that the President, any Vice-President, the Secretory 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: /•`4111110.. CAPIT NDEMNI CO RATION
STATE OF WISCONS 1 ' � Presiident
) 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.
i •` /
suur % • /�
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. 0• ed the day of ,19 �j .
i • )
//James P B gle /Vice-President