HomeMy WebLinkAboutPW CNT 82-16/Keil & Werner Electric •
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CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the le day of 6.14 N , 1982
by and between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY, and KEIL & WERNER ELECTRIC CO.
of 980 Chapman Ave. , P.O. Box 668, Neenah, WI 54956
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. 82-16. •
•
For flow meters-electrical for water treatment plant, pursuant to Resolution #14
adopted by the Oshkosh Common Council on August 5, 1982;
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 $ 7,100.00 , 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 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
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,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
KEIL & WERNER ELECTRIC CO.
By:
U i L i-k iPk.--/t1
Specify Title)
•
(Seal of Contractor
if a Corporation)
(Specify Title)
CITY OF OSHKOS
• •
WILLIAM D. FRUEH, City Manager
By:
CON •r•i. C. MARKS, ' Clerk
I certify that provisions have been made to
pay the liability that will accrue to the
City of Oshkosh under the within contract. (Seal of City)
mil ` Ql 4,4
EDWARD A. NOKES, City Comptroller
Approved as to form
icrbk )9/PWig
0.4. • *opt:'s.• • t .• - :,,v ., .V
TOM W. AHRENS, Asst. City Attorney
3 _
•
AUGUST 5, 1982 it 14 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: BID FOR PUBLIC WORKS CONTRACT NO. 82-16
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh. has heretofore advertised for bids for
Public Works Contract 82-16 pertaining to high lift flow metering equipment
and flow meters-electrical for water treatment plant; and
WHEREAS, upon the opening and tabulation of bids, it appears that the
following are the lowest and most advantageous bids:
AZCO DOWNEY, INC.
2203 W. Michigan St.
P.O. Box 1155
Milwaukee, WI 53201 BID PRICE: $25,750.00
KEIL & WERNER ELECTRIC CO.
980 Chapman Ave.
P.O. Box 668
Neenah, WI 54956 BID PRICE: $7,100.00
NOW, THEREFORE, be it resolved by the Common Council of the City of
Oshkosh that the said bids are 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. 810-701,
Water Utility, Construction in Progress.
•
- 14 -
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PERFORMANCE BOND �, ,.
4 y/ �taital
lc KNOW ALL MEN BY THESE PRESENTS: �" -�,�CO"'P°"'°`
That, Keil & Werner Electric Company, Inc.
as Principal, hereinafter called the Principal, and. Firemen' s Insurance Company of Newark
a corporation organized and existing under the laws of the State of. New Jersey with its principal office
at 80 Maiden Lane, in the City of New York, New York, as Surety, hereinafter called the Surety, are held and firmly
bound unto
the City of Oshkosh
as Obligee, hereinafter called the Obligee, in the just and full sum of +++$7,100.00+++
l
++++++++++Seven thousand one-hundred and 00/100+++++++++++++++++++++++++++++++Dollars, I
to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves,their
respective heirs,administrators,executors,successors and assigns,jointly and severally, firmly by these presents.
Whereas, the Principal has entered into a certain written contract with the Obligee, dated the 12th
day of August 19 82 to Public Works Contract No. 82-16
Ifor flow meters-electrical for water treatment plant
which contract is hereby referred to and made a part hereof, as fully and to the same extent as if copied at length
I
I herein.
Now, Therefore, the condition of this obligation is such that, if the Principal shall faithfully perform all of
0
the obligations of the Principal under the contract, and shall fully indemnify and save harmless the Obligee
I from all cost and damage which the Obligee may suffer by reason of the failure of the Principal so to do and shall
fully reimburse and repay the Obligee all reasonable outlays and expense which the Obligee may incur by reason
of such failure; then this obligation shall be null and void, otherwise it shall remain in full force and effect.
I The foregoing obligation, however, is limited by the following express conditions, the performance of each
of which shall be a condition precedent to any right of claim or recovery hereunder:
1. In the event of any default on the part of the Principal, a written statement of the particular facts showing
I the date and nature of such default shall be given by the Obligee to the Surety as promptly as possible
after such default has become known to the Obligee, and shall be forwarded by registered mail to the
Surety.
2. If the Principal shall fail to comply with the provisions of the contract to such an extent that the con-
tract shall be forfeited, the Surety will have the right and opportunity to assume the remainder of the
contract and at its option to perform or sublet the same.
3. No action, suit or proceeding shall be had or maintained against the Surety on this instrument unless
the same be brought or instituted and process served upon the Surety within twelve (12) months after
completion of the work specified in said contract, whether such work be completed by the Principal,
Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which
said Surety is liable, an action for maintenance may be brought within three (3) months from the expiration
of the maintenance period, but not afterwards.
0 Signed and sealed this 12th day of August A. D. 1982
KE IL & WERNER ELECTRIC COMPANY, INS.. (Seal)
� � Principal x
ADO" \ v Clarence Kunde, Vice President
FIREMEN'S INSURANCE COOF NE j,; Ei(sEY (Seal)
A
� 1 /` (� Surety
t,\� t By:
P. F. Oskar, Attorney
Bond 4168A 76%Printed in U.S.A.
' 'Firemen's Insurance Company of Newark, New Jersey
80 Maiden Lane, New York, New York 10038
GENERAL POWER OF ATTORNEY
Know all men by these Presents,That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW
JERSEY has made. constituted and appointed. and by these presents does make, constitute and appoint
P. F. Oskar, Jr. or Walter F. Bogk both of Neenah, Wisconsin, EACH
its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as surety,bonds,
undertakings and contracts of suretyship to be given to
all obligees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the
sum of One Million ($1,000,000. ) Dollars.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Reso-
lution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meet-
ing duly called and held on the 20th day of February, 1975.
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice Pres-
ident or a Vice President of the Company, be, and that each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attor-
ney named in the given Power of Attorney to execute in behalf of FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,bonds,under-
takings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them here-
by is.authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
FURTHER RESOLVED,that the signatures of such officers and the 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 facsimile signatures or facsimile seal shall be valid
and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attach-
ed."
In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal
to be hereunto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Asistant Vice
Presidents this 3rd day of January, 1979
FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
Attest:
By ri: .--. :- A:::/.7.77.71
T.H.Stephens.Assistant Vice President " M.L. Ford. Vice-President
'r�s7;.....{Sad
STATE OF NEW YORK,
ss.:
COUNTY OF NEW YORK,
On this 3rd,day of January, 1979, before me personally came M.L. Ford, to me known, who being by me duly sworn,
did depose and say that he resides in Summit, in the County of Essex, State of New Jersey, at 768 Springfield Avenue;that
he is a Vice-President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described
in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he
signed his name thereto by like order.
;.i: - ■.! , afa91
,,'cl F. ,; ETHEL TARANTO
NOTARY PUBLIC.State of New York
CERTIFICATE No.24-4663117 Oual.in Kings County
Commission Expires March 30.1980
I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY,
a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and 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 said Power of At-
torney, is now in force.
Signed and sealed at the City of New York. Dated the 12th day of August , 19 82.
_
James M Keane.Assistant Secretary
21 BOND 4315F ray Printed in U.S.A.
CONTRACT ROUTING SLIP
CONTRACTOR: KF.IT. & WF.RNF.R F.T.RCTRTC (1)
NATURE OF CONTRACT: Public Works Conrrart No. R2-16
(After processing through your office, pass on to next name on slip) .
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TO PROCESS TO PRC ESS IN OUT
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NAME ANn ,c((ik(,... . 1 - ' Of ' \f,. ,' Commercial Union Assurance Co. Inc.
Keil & Werner Electric Co., Inc. _ - ._
980 Chapman Avenue
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Neenah, Wi 54956 ;,-
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cancellation; Should ,.-tb ! of tE(F' bove de.sibed policies h- c-,,,ricolled betd-,:, the exp!ratlon date the ,-o- it ISbU 1 ti, !...em
'Cry wdl ir,ndeiver to nn!id •I'lj da,:s wdltten nonce to the below named cert!hcate hu!,tE..-, ;-ut tmlure
mall sucb or, tir.-e shn:l irnpose no!:)1)11F3tlon Ni !L.-11)1;11y d! any klnd upon the company.
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August 12, 1982
City of Oshkosh DAFF ISSUED
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Public Works Department
215 Church Avenue g (Ck3172,_ —
Oshkosh, Wisconsin 54901 p. F. Oskar AU1 HORIED REPRF Sf N Al(VC
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ACORD 25(1-79)
General Conditions
Page *4.
not be construed in such manner as to exclude manufacturers' products
of comparable quality, design and efficiency. The Contractor shall
comply with the requirements of the contract documents relative to the
Owner's approval of materials and equipment before they are incorpo-
rated in the project. -
"NOTICE": where in any of the contract documents there is any provi-
sion in respect to the giving of any notice, such notice shall be
deemed to have been given: as to the Owner, when written notice shall
be delivered to the Engineer of the Owner, or shall have been placed in
. the United States mail addressed to the Clerk or Secretary of the Owner
at the place where the bids or proposals for the contract were opened;
as to the Contractor, when written notice shall be delivered to the
E chief representative of the Contractor at the site of the project or by
i mailing such written notice in the United States mail addressed to the
Contractor at the place stated in the papers prepared by him to accom-
• pany his proposal at the address of his permanent place of business; as
to the Surety of the performance bond, when written notice is placed in
the United States mail addressed to the Surety at the home office of
such surety or to its agent or agents who execute such performance bond
Ar in behalf of such surety.
COMPLETED WORK is understood to mean work which has been accepted by
the Engineer and recommended to the Owner as having been performed in
V114))
accordance with these specifications. Completed work may be accepted
IN but not paid for in full until the entire contract has been completed
/ and accepted. _
GC-10 CONTRACT SURETY
The Contractor shall furnish a surety bond (form attached) in an amount
Iat least equal to 100 percent of the contract price as surety for the
faithful performance of this contract and for the payment of all
persons performing labor and furnishing materials in connection with
this contract.
GC-11 CONTRACTOR'S INSURANCE
$
The Contractor shall not commence work under this contract until he has
obtained all insurance required under this paragraph and such insurance
has been approved by the Owner, nor shall the Contractor allow any -
subcontractor to commence work on his subcontract until all similar
insurance required of the subcontractor has been so obtained and
approved.
(a) Compensation Insurance: The Contractor shall take out and maintain
during the life of this contract Workmen's Compensation Insurance for
all his employees employed at the site of the project and, in case any
work is sublet, the Contractor shall require the subcontractor simi-
larly to provide Workmen's Compensation Insurance for all the latter's
1 employees unless such employees are covered by the protection afforded
by the Contractor. In case the class of employees engaged in hazardous
work under this contract at the site of the project is not protected
under the Workmen's Compensation Statute, the Contractor shall provide
•
General Conditions
Page 4.
not be construed in such manner as to exclude manufacturers' products
of comparable quality, design and efficiency. The Contractor shall
comply with the requirements of the contract documents relative to the
Owner's approval of materials and equipment before they are incorpo-
rated in the project.
"NOTICE" : where in any of the contract documents there is any provi-
sion in respect to the giving of any notice, such notice shall be
deemed to have been given: as to the Owner, when written notice shall
be delivered to the Engineer of the Owner, or shall have been placed in
the United States mail addressed to the Clerk or Secretary of the Owner
at the place where the bids or proposals for the contract were opened;
as to the Contractor, when written notice shall be delivered to the
chief representative of the Contractor at the site of the project or by
mailing such written notice in the United States mail addressed to the
Contractor at the place stated in the papers prepared by him to accom-
pany his proposal at the address of his permanent place of business; as
to the Surety of the performance bond, when written notice is placed in
the United States mail addressed to the Surety at the home office of
such surety or to its agent or agents who execute such performance bond
in behalf of such surety.
COMPLETED WORK is understood to mean work which has been accepted by
the Engineer and recommended to the Owner as having been performed in
accordance with these specifications. Completed work may be accepted
but not paid for in full until the entire contract has been completed i
and accepted.
GC-10 CONTRACT SURETY
The Contractor shall furnish a surety bond (form attached) in an amount
at least equal to 100 percent of the contract price as surety for the I
faithful performance of this contract and for the payment of all 1
persons performing labor and furnishing materials in connection with
this contract.
GC-11 CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has
obtained all insurance required under this paragraph and such insurance
has been approved by the Owner , nor shall the Contractor allow any
1 subcontractor to commence work on his subcontract until all similar
1 insurance required of the subcontractor has been so obtained and
approved.
(a) Compensation Insurance: The Contractor shall take out and maintain
during the life of this contract Workmen's Compensation Insurance for
all his employees employed at the site of the project and, in case any
work is sublet, the Contractor shall require the subcontractor simi-
larly to provide Workmen's Compensation Insurance for all the latter's
employees unless such employees are covered by the protection afforded
by the Contractor. In case the class of employees engaged in hazardous
work under this contract at the site of the project is not protected
under the Workmen's Compensation Statute, the Contractor shall provide
KEIL & WERNER ELECTRIC COMPANY
1
ELECTRICAL ENGINEERS AND CONTRACTORS
980 CHAPMAN AVENUE
P.O. BOX 668
NEENAH, WISCONSIN 54956
TELEPHONE: 414-722-2881
August 18, 1982
City of Oshkosh
Converse C . Marks
City Clerk
P.O . Box 1130
Oshkosh, WI 54902
Sub: Public Works Contract
#82-16
Gentlemen:
Enclosed, herewith, please find 4 signed copies
Contract , Performance Bond and Insurance certificate
for Subject Job.
Very truly yours,
KEIL & WERNER ELECTRIC CO .
(leinpicez
Clarence N. Kunde
Vice President
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