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HomeMy WebLinkAboutDorner-Stahl CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 19th day of April, 1985, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and DORNER-STAHL, INC. of Box G, Luxemburg, WI 54217 , 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. 85-06, for sanitary sewer, storm sewer, water main & appurtenant work , pursuant to Resolution #40 adopted by the Common Council of the City of Oshkosh on 18th day of April, 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 $255,235.00 , 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 first above written . In the Presence of: CONTRACTOR / ,{ DORNER-STAHL, INC. yl �' < i / By: ,? JI- (Seal of Contractor if a Corporation ) (Specify Title) By: '7)A 4 , I o )ii2 (Specify Title) CITY OF OS, KOSH • By: . ,w By: .i/ . — s ) Will ' am D. Frueb , City Manager And .`' 2t,1/A,, ( . .. Gl�.f,f� .�- ( itn=ss) 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 t o m: r Wa en P. Kraft, Asst, C 'ty Attorney 3 , � V 4, m i1 14' UNITED NITIE D STA-1T-S IFIIIDIEILII ,.-1 P UTA ItA\ Y CO\ IPANy " a t: 3 �. ', \896'/'�. „ (A'Sto CaMpany) i� l I PERFORMANCE BOND Approved by The American Institute of Architects ) Ii:I=El; A. I.A. Document No.A-311(February 1970 Edition) li ". l BOND NUMBER I KNOW ALL MEN BY THESE PRESENTS: :: a That Dorner-Stahl, Inc. , Box G, Luxemburg., WI 54217 [,:: as Principal, . .i hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws _: of the State of Maryland, Baltimore, Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh, Wisconsin 1G;:;;; as Obligee, hereinafter called Owner, in the amount of Two hundred fifty-five thousand two Ir hundred thirty-five and no/100 Dollars ($255,235.00---) Ik for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and � severally, firmly by these presents. ' -, : 1i= :_ WHEREAS„ Contractor has by written agreement dated April 19th, 19 8entered into a contract with Owner for ,1 Public Works Contract No. 85-06, for sanitary sewer, storm sewer, water --, main & appurtenant work, Oshkosh, Wisconsin, • : `• in accordance with drawings and specifications prepared by City of Oshkosh, Wisconsin :: (Here insert full name, title and address) c:_j ' `"t , 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 perform :;a ::::1 said Contract, then this obligation shall be null and void;otherwise it shall remain in full force and effect. C=1 I`= The Surety hereby waives notice of any alteration or extension of time made by the Owner. �-"~:` by having performed Owner's obligations : Whenever Contractor shall be, and declared b Owner to be in default under the Contract, the Owner havin - �".II thereunder,the Surety may promptly remedy the default, or shall promptly t (1) Complete the Contract in accordance with its terms and conditions,or `. • ,;, (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the low- )..3i est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, EI E.. . 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 €_. i 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 ,,i mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by i,;, ' I Owner to Contractor. r•_:. r `1 Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the i; 'j `::-ij 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 "I' '`" the heirs,executors,administrators or successors of the Owner. i -1 ' Signed and sealed this 19th day of April , 1985. g Y E'_'' In the presence of: Dorne -Stahl, Inc. `'i E + -2) jl• 9ig /r .. .cs~`+ , c�'' A9 By ' k�°� Z4 z: . (Seal) 0 (witness) — T1. ' Principal -; - /7-1 ��`L TE T S FIDELITY AND GUARANTY COMPANY (Witness) gy .-LI (Seal) t (i Attorney-in-Fact -- -__ Contract 211 (2.70) - — •""• i n 1i ki n pELITY4 1 .. UNITED STATES FIDELrI - 1�- UAKANTY COMPANY y y�- ' : =:y F rage•, t, (A Stock Company) w- LABOR AND MATERIAL PAYMENT BOND 3 Approved by The American Institute of Architects k- 1 3 A. I.A.Document No.A-311 (February 1970 Edition) 1- KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER ' : a That Dorner-Stahl, Inc. , Box G, Luxemburg, WI 54217 '` I I _ CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 89166 Know ell Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Jeanie Hlinak of the City of Green Bay ,State of Wisconsin its true and lawful attorney in and for the State of Wisconsin for the following purposes,to wit: To sign its name as surety to, and to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Jeanie Hlinak may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal,duly attested by the signatures of its Vice-President and Assistant Secretary,this 8th day of December , A. D. 1978 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) gr, ,. .. D. H. Meehan Vice-President. (SEAL) William J. Phelan (Signed) Assistant Secretary. STATE OF MARYLAND, } BALTIMORE CITY. es: On this 8th day of December , A. D. 1978 before me personally came D. H. Meehan . , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and William J. Phelan , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said D. H. Meehan and William J. Phelan were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. 8 2 My commission expires the first day in July, A. D. 19 (SEAL) (Signed) Margaret M. Hurst Notary Public. STATE OF MARYLAND I Sct. BALTIMORE CITY, I. William Allen , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hurst . Esquire,before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record,this 8th day of December , A. D. 19 78 (SEAL) (Signed) William Allen Clerk of the Superior Court of Baltimore City. FS 3 (8-77) COPY OF RESOLUTION That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore,be it Resolved,that this Company do,and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations,stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland,or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization,office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered,accepted,filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all.capacities whatsover, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I, Theodore G. Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Jeanie Hlinak of Green Bay, Wisconsin authorizing and empowering her to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on April 19th, 1985 (Date) il >er`3/ Assistant Secretary. or J ELITY M Os i,,i i � IN if IE D STATES Fl D LN '' : ,t- N( 1�IAIR,A�11TY COMPANY _ _ as� :=:� 1 li: C @' X896' _ (ASto .Company) "' PERFORMANCE BOND ' 1` '' Approved by The American Institute of Architects `t'l •' i ::l A. I.A.Document No.A-311(February 1970 Edition) i I":'j i:;; BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: i" e:,:: =' That Oorner-Stahl, Inc., Box G, Luxemburg, WI 54217 1i as Principal, .= hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws ::a iiiT: Y Maryland, Surety, Surety, firmly City of of the State of Maryland, Baltimore, Ma land as Suret , hereinafter called Suret , are held and firml bound unto X Oshkosh, Wisconsin ill ( g Two hundred fifty-five thousand two i f; '. as Obligee, hereinafter called Owner, in the amount of y- `_ hundred thirty-five and no/100--------------------- Dollars ($255,235.QQ... ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and . I. .1 severally, firmly by these presents. :j i'4':''i I WHEREAS,, Contractor has by written agreement dated April 19th, 19 85entered into a contract with Owner for Public Works Contract No. 85-06, for sanitary sewer, storm sewer, water F- i main & appurtenant work, Oshkosh, Wisconsin, ,:, y in accordance with drawings and specifications prepared by City of Oshkosh, Wisconsin `-ii (Here insert full name, title and address) =1 4 , which contract is by reference made a part k ;j _s, 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 p p y y perform j j =: said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ;Gs_3 The Surety hereby waives notice of any alteration or extension of time made by the Owner. -.ti i c`V ::: Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations „ thereunder,the Surety may promptly remedy the default, or shall promptly '."`' 1.;,'l (1) Complete the Contract in accordance with its terms and conditions,or ,f 1� _:" (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the low- ')' , F •■ est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, -‘'.1.:3' arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a E , succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of k completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable I:-;' 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. Ir. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the I',s:i 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 the Owner. 'i 19th Aril ,.:, Signed and sealed this day of April 195. TA € _ In the presence of Darner-Stahl, Inc. !! .. d By 00 a,---,,, c ���iLJ (witness) _7....4-9-0%-<:=3 ,! Principal Ulrl ED T P I r I AND G ARANTY COMPANY GEC'+ L t? l u�� G�� (-- • z (witness) By • (Seal) ' :.•,,,, / ! Attorney-in- act Contract 21 1 (2-70) $#• ',�' :.�, :.-- 7, A .a s u# n €` '^ Ya s+: ^a�r _ ' 'r••••...'. , , p 3 ,�y .a,, .r . v T. ".'''''''4..� � 4 , tt a '', 'N t� � . ' . 4/19/85 bib k r E I e��PduT . . '' `! xx Murphy/Alexander & Alexander � ': , Fs - . . sr L I_,I RELCFr. P. 0. Box 1204 � f z`` Green Bay, WI 54305-5204 C.. I = k COMPAN A LETTER erican Casual Gnm any t -- — — ------ COMPANY INSURED LETTER _ Continental Casualty Company _ ;" Dorner-Stahl, Inc. i COMPANY 0. Route #3-Box C LETTER ; . • v =1.1.. :ti C Luxemburg, WI 54217 cOMPANY LETTER %. COMPANY LETTER ;• 'COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ,• NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 4 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. • CO POLICY EFFECTIVE 1 POLICY EXPIRATION LIABILITY LIMITS IN TIHOUSANDS , LTR TYPE OF INSURANCE POLICY NUMBE:.R DATE MM/DD/YY) GATE(MMiDONY) g T , EACH AGGREGATE '� __ _ :ga�,, ,.,,y, OCCURRENCE -,, GENERAL LIABILITY — i — BODILY I INJURY $ 500 $500 3 COMPREHENSIVE FORM I I - © DA UNDERGROUND PREMISES/OPERATIONS DAMAGE Y $ 250 $250 F © EXPLOSION &COLLAPSE HAZARD —— © PRODUCTS/COMPLETED OPERATIONS I Bt a PD 3 CONTRACTUAL COMBINED $ $ • © INDEPENDENT CONTRACTORS CCP022205831 5/31/84 5/31/85 • © BROAD FORM PROPERTY DAMAGE 3 PERSONAL INJURY PERSONAL INJURY $ 500 a' III I a " AUTOMOBILE LIABILITY I BODILY $ X ANY AUTO I (PER PERSON) X ALL OWNED AUTOS(PRIV. PASS.) j BODILY B OTHER THAN (PERRACCCIDENT) $ © ALL OWNED AUTOS�pRIV. PASS BUA092205833 5/31/84 5/31/85 © HIRED AUTOS PROPERTY ,. I DAMAGE $ X NON-OWNED AUTOS ■ GARAGE LIABILITY 1111 COMBINED $ 500 EXCESS LIABILITY , Big! UMBRELLA FORM UMB002206348 5/31/84 5/31/85 (COMNED $ 5,000 $5,000 ■ OTHER THAN UMBRELLA FORM _ _ WORKERS'COMPENSATION STATUTORY C AND WC002205832 5/31/84 5/31/85 $ • i (EACH ACCIDENT) $ , , (DISEASE-POLICY LIMIT) ,• EMPLOYERS' LIABILITY $ 100., (DISEASE-EACH EMPLOYEE),, OTHER k DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS • Contract No. 85-06 CERTIFICATE HOLDER CANCELLATION } , -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- ' of Oshkosh PIRATI9M DATE THEREOF, THE ISSUING COMPANY WILL ENIDEAVOR TO Oshkosh, WI 54901 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Y' 4' LEFT,BUT F: .•E TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY k.= OF ANY 'ON THE COMPANY, ITS AGENTS OR REPRESENTATIVEiS. ,, AUTHO"' ' • •ze •.._.„ . , ' ACORD 25(2/84) © IIR/ACORD COR''RATION 1984 • Cn r Y ••• r+ F• .O OD V C' C!I F I Cl) NJ't • C F W N n' O Cn C C 0 N i Cn ri 1 - r'• n) 0 "n 7: n 77 N 7 Cn HI C!) 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