Loading...
HomeMy WebLinkAboutPW CNT 82-16/Keil & Werner Electric • C) 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 - !4z/...... I . I ' I I . I ■ I I I I { I ( I I I I I I I I i I I I I I ► I � � r f Z Z > a• I CC 1 O O < m • CO VI Z O Z.O 0 U ac�22 o3 °o • I I ` tv 3rV+60 I .0FV°<0. o I i Z F �moom .; .s I I j Z m.,m ra p Y 1.d s O.Z - . 1 Z .�.I C . I 1 Q Z I I N I JG ' ■ ! iY F U I 1 A . Q V O 4 I W V` rC^+I 1 ! 1 ee S m I y m O O O - i ' ' I $O .+a o 0 o I I I 0 — .0 fn 03n 1 ...) P • I I W C to.U.] • n uY • m ( 1 I I rr$ 3 3 Z<to O •N. N. ! 111 LLI I a 0 0 n e� I , ! Z Z al h y Y 4} U,. y 1 r O. n 0 I ! i f ;.f _• 1 I • • m . I U. 1 •.L I• I I I I .m aJ••••• i 2 u at u vi ! I 3 n L. % u Is3mm ; ,r r I I I Ow, •. 3 U O O.i <N O.Z f 1 iI w • • INI 1,.1 3 V .+to CO 7 !4] ..n C.-Oi 1-1 y ... t 2 O. .1 Su u ce Z 3 7 d u V 9- I E II y.-4 ..1w ro W n I I 1 C' C • al V I I m a E-+ a1 W IA O u 3 t G w 0 000 1 d I x . 1 •a> .0 n a I m I 1 m a I j ■ _ n 70 v F u m° I .S E a y I n ,, W -+ m a .. 3 r a I I I . z ....3 u ao m y Z u 1' Z O �, I J 7 n I — rn . H .,.. O W h O U ' I I I o u ,V .0 o .� 3 1. V W E F V 1 E V m I ! I 1 2 C ar la] Z lu ! 1 a , Z I i I f I V 1 •d % .� _ Y 0 J 1 I IO . I. . . I I o 1 ,� (. q] .a y al M I. E •v rn E 3 ! I ( I I O I 0 ++ u p 5 L 2 1 Z C E C W C < Z C [.+ ! . 0 I 7 7 O. Y O 0 7 7. O w m ` i 1 CO j W 3O W 7 u F F w ( ! 1 . I V F O 1 I I I [ I prEtv�c 1��t 4k . - 1 4 ��� tce ,1 T1• 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) . r--- DEPARTMENT — INDIVIDUAL DATE PROCESSED TO PROCESS TO PRC ESS IN OUT priginate Council D e ,4.Lij t"11 IurcLILY - 3/f;32 6(1J/U CITY CLERK `T/`%1 • /P/21/1L-_, CONTRACTOR g/(/ CITY CLERK • g/i C, CITY MANAGER 5/1 CITY CLERK COMPTROLLER 1'64a I of 7 h -. CIT" CLERK DTHER • FITTT01 L ITY CLERK O DISTRIBUTE OPIES y_ ��_ ADDITIONAL, EXECUTED COPIES TO: .,. . _ .. . 1 -Certif : , ,,,, .. 1 .71 ' r :,,' , ! TV I:7 , . . ce v v V . 1 i RTIFIC E IS ISS ED AS A MATTER I I . 1 ; ; I FERS NO RIGHTS UPON THE CERTIFICATE HOLDER. RTIFIC E DOES 4 OT AMEND, EXTE I I 1 1 ! : ORDED BY THE POLICIES LISTED BELOW. 1 :C PI ' AFFORDING COVERAGES The Oskar Agency i , P.O. Box 407 Of Neenah, Wi 54956 R Or \S : E 7 R (,.. NAME ANn ,c((ik(,... . 1 - ' Of ' \f,. ,' Commercial Union Assurance Co. Inc. Keil & Werner Electric Co., Inc. _ - ._ 980 Chapman Avenue F 1 (4 ( Neenah, Wi 54956 ;,- _ .. • Thc.E.Is to certify that p insuranite listed below hale been issued t •-i i t I it,d ',, • t at e I•: : ktrne at thls time Notwithstanding any rod..irernent,term cr.FoE,citon -. -, of(-:fry Contract or othcti , • ient wit!t respect to which this certificate 'i oti .t • Sit.C. ' a et', ' tsurance afforded by the policies describr:d herein is subject tc all tre -i terms.exclusions anti i--i - -is of such policies , ...._ ---T — Limits of Liability in Thousands(000) 1– _ - - _,. i l---- , , i,, . T i , , , .L 4 , ,,,,'11:F.N( f I 't I , 1-- GENERA', BILITY I 1500M I :-01),[Y INJI_III-, l I I.-■ . _I _ mrp;- r I f C(efo, (600M i PE,SMV,V, 'Nit)fvt, NWF 50 02 32 1 01 84 1 p■,, F r PT 1 Iii'dIviIII3L I.1.-- ' . I I . •',. I L I , 1 ,- ...., . 1 X--Y . • ' 4. 1 I-iI,IIII' .N..III-I' ,ND 1 • f E2('I(Pr-L,CMC(A 1 1 , I 11 -1. 'I- .. 4-,s((,•(-.;:', 1 AUTOMOBit EL t PAWL rnt t • t - 1 25011 X i : i 1 ,500M 11'474 X NWF 50 30 49 1 01 83 ._':-- . . . . . . . , -! - . . - ,_ EX( ESS }.■AB!i.IT CW 871 8214 1 01 83 - - ' -' -' 2 Million H CSL ..... -:, 1'.1:4 .,,p,c.”.,KFRs ,-...,. .,-1,-„,:‘,..:-.,:[:,,,,' CWG 37 32 08 1 01 83 - -- . - ' • ' ' rY,c,,.(c,lic--,,,,,•.„2:-_ :;, ••i-,- . .3,0,-!..i., •-: :. . • .i,.,-.,- • : . . , . .... ,_„:,..... OTHER = '.,_:,!f:J.R.74113AgskEzNa.t.7,4Twgg7,0%xIAN,IYa4.i.mt 'lNgafffli-,4Arm;lewxorqFixemtru.,vwwqg:J,;4i.*ReRiwr*.w.7oqi.'ywfoPwslzNlvv4v,r., A,1'',. . ..„ ., Covers all operations of insured in Wisconsin. v// . . s , - 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. Nit 'Nc 'Nt . . . 1 . August 12, 1982 City of Oshkosh DAFF ISSUED I 1 , Public Works Department 215 Church Avenue g (Ck3172,_ — Oshkosh, Wisconsin 54901 p. F. Oskar AU1 HORIED REPRF Sf N Al(VC .4- 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 CNK/ck