HomeMy WebLinkAboutPW CNT 82-21/Sommers Construction CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the ,al day of September , 1982
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and SOMMERS CONSTRUCTION CO. , INC.
of 141 Sommers Street, Shiocton, Wisconsin 54170
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. 82-21 - Sidewalks
Pursuant to Resolution #9 adopted by the Oshkosh Common Council on
September 2, 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 $ 4,873.50 , 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
r
of work as set forth in the Contratr' s proposal ; the er
of units therein contained is approximate
payment shall be made for the actual number that tare
incorporated in or made necessary by the
contract.
(b ) Progress Payments .
In the event the time necessary to complete this Contract is
such that progress
set forthrin, they shall be made
the
according General Conditions.
accorddinng to the provisions
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 demandsbof
any kind or character whatsoever which may in any way
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 eordinance, and
n adjudged
shall refund to the City all sums which it may
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 addenda
4 . Specifications , including any
5. Plans
6. Contractor' s Proposal
7. This Instrument
In the event that any provision in any of heabovencomponentf
parts of this contract conflicts with any provision inen inrt yioth
the component parts , the provision in the component part which
enumerated above shall govern over any other component p
follows it numerically except as may be otherwise specifically stated .
IT IS HEREBY DECLARED , UNDERSTOOD AND AGREED that the word
he
"Contractor" wherever used in this contract means the partysof t had
second part and its/his/their legal representatives , s
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,
and the party of the second part her hereunto set its, his or their hand and
seal the day and year first above written.
I the presence of: CONTRACTOR
C .
•( / i By: SOMMERS CONSTR CTION CO. , INC.
B ,y 1.1-) d d
• (Specify Title)
(Seal of Contractor
if a Corporation) By:
(Specify Title)
•
CITY OF OSHKOSH
fi�,/i/' i .r( / ` / ',2_ t_ <0_,
WILLIAM D. FRUEH, City Manager
. C(''• -q f By: _ � � ��J i 3" � tr: t Clerk
C CO,CO 'ERSE C. MARK- y
I certify that provisions have been made to
pay the liability that will accrue to the (Seal of City)
Cit of Oshkosh under the within contract.
� u^`` —
EDWARD A. NOKES, City Comptroller
Approved as t rm':
/et (id /9/6.-eik..,
• TOM W. AHRENS, Asst. City ATtorney
•
- 3 -
CONTRACT ROUTING SLIP
CONTRACTOR: SOMMERS CONSTRUCTION CO. , INC.
NATURE OF CONTRACT: Public Works Contract No. 82-21
(After processing through your office, pass on to next name on slip) .
DEPARTMENT INDIVIDUAL DATE PROCESSED
TO PROCESS TO PROCESS IN OUT
Originate Council Date
CITY ATTORNEY L.Z. 9/2/82 9/10/82
CITY CLERK /0//1156-
CONTRACTOR / I
CITY CLERK 1/G
CITY MANAGER
CITY CLERK
COMPTROLLER g(..30
FITY CLERK
'OTHER
/G .
CITY ATTORNEY //
CITY CLERK
TO DISTRIBUTE
FOPIES
ADDITIONAL EXECUTED COPIES TO:
II
I
ill II I ,
INSURANCE 3LiVICE ,
P•O. Box 677
Appleton, 1T 54912 Maryland Casualty Cofiipany
1 N .• . , ... ,i : Northern Insurance Co. of N.Y.
SOMFERS CONSTRUCTION COMPANY, INC.
P.O. Box 24
Shiocton, WI 54170
, , :. :, : ,-: 0, ,,, • . 0 .•
••
A , : ., ,. GL61750923 11/30/82 . 500, ' 500
1 1; ,! :, .: ,, .,.•,..,
100, 100,
• :
. ,
.
N [
. IF I
i I
N ,
I.I'-' II-IF",
■
. 500,
AuTomoNLE LIABurry . , .. . . .
IIII,:, ,,, H250, ! '
B . ,-- NAM34534904 : 11/30/82 ,-. ,, I $500
_.,
1 4 ,.... , : .. ..,--:..1—:.: .',;'.i,,..
'' 100_,
EXCESS LIABIUTY
i
A .1 X : ,,,,, ,,,. .,-,, UB61826901 I11/30/82 ,,,,,,,,,E,,,, ,,,,,,,, , ', 1,000, ,, 1 2 000
t $ • ,
i
. _ ..
• • - .
VVOR•K L.P.S.COM p IN!,;.::0)orq! , , ,. ...--- - : - . - .•
-,sind
. -
A Emp (,yi-14s.L!ABq,.Ty TC220821591 11/30/82 . 100,
k
OtHER
1 I
rzSAK§MTP'Wif-figW4kMkVtliitt11±4Q,'Nt.tttAttkP:A'tl::Mt'Vt.t:-,P.tt-tttiZtttt4ot4t..,.rittktifSeirnKWia.'Ft5,illitfr,gtgW',!:i'g..tiWkiiitffittitniltt%CJ'
Cancellation: Saud arty of h,e above described poitcies he cancelled befoie the expiration date thereol, thc it,shirci,, c.ott
piny will endeavor to mail 10 days Ointten notice to the beicy,/,./ named ccrtificate holder but ft:lithe to
mail such notice sfrall impose no obligation or liability of any kind upon the company.
r i
N,IIM AND AII/L)REI-I,S DI Fl ,I ,,,,I,IFE Ho,Dip
I DA1 E ISSUED_September 23, 1982
City of Oshkosh
P.O. Box 1130
1 Oshkosh, WI 54902 —71/0...ky
.S.EZJ ATIVF
INSURANtE SeAVittSR:PiNC: --f----
L.. i
- 1
ACORD 25(1-79)
. . . • • -
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
That SOI "IERS CONSTRUCTION CO. , INC.
SHIOCTON, j e�giggj the name and address or legal title of the Contractor)
as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety,
hereinafter called Surety, are held and firmly bound unto CITY OF OSHKOSH
P. 0. BOX 1130, OSHKOSH, WISCONSIN
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner,
in the amount of FOUR THOUSAND EIGHT HUNDRED SEVENTY-THREE DOLLARS AND 50/100
Dollars $ 4,873.50*
( ), 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_ SEPTEMBER 29, 19 82
entered into a contract with Owner for PUBLIC WORKS CONTRACT NO. 82-21 - SIDEWALKS
in accordance with drawings and specifications prepared by
(Here insert full name,title and address)
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 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 in default under the Contract, the Owner
having performed 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, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi-
tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and 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 para-
graph, 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 30th day of SEPTEMBER A.D. 19 82
In the presence of: SOMMERS CONSTRUCTION CO. , INC.
:)-714-61144614' (SEAL)
illy:CAWL1'- , " (AV/i
Principal
Title
FIDELITY AND DEPOSIT,COMPANY OF MARYLAND
`' z By--.-%� `` � ./l- (SEAL)
Attorney-in- act Title
C309e-40M,
Approved by The American Institute of Architects,A.I.A.Document
No.A-311 February 1970 Edition.
Fidelity d Deposit C and
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
Labor and Material Payment Bond
Note: This bond is issued simultaneously with Performance Bond in favor
of the owner conditioned on the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS:
That SOWERS CONSTRUCTION CO. , INC.
SHIOCTON, WI` bR§stile name and address or legal title of the Contractor)
as'Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety,
hereinafter called Surety, are held and firmly bound unto. CITY OF OSHKOSH
P. 0. BOX 1130, OSHKOSH, WISCONSIN
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined,
in the amount of FOUR THOUSAND EIGHT HUNDRED SEVENTY—THREE DOLLARS 50/100
(Here insert a sum equal to at least one-half of the contract price)
Dollars ($ 4,873.50* ), 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 SEPTEMBER 29 19 82
entered into a contract with Owner for PUBLIC WORKS CONTRACT NO. 82-21 — SIDEWALKS
in accordance with drawings and specifications prepared by
(Here insert full name,title and address)
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 Principal shall promptly make pay-
ment 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 following
conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal
material, or both, used or reasonably required for use in the performance of the contract, labor and material being construct! to
include that part of water,gas, power, light, heat, oil,gasoline, telephone service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein
defined,who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such
claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use
of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any
two of the following:The Principal, the Owner,or the Surety above named, within ninety (90) days after such claimant did
or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with
substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the
work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly main-
tained for the transaction of business,or served in any manner in which legal process may be served in the state in which the
aforesaid project is located, save that such service need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being
understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof
such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state
in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project,
or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here-
under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or
not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this 30th day of SEPTEMBER A.D. 19 82
In the presence of: I SOMMERS CONSTRUCTION CO. , INC.
(SEAL)
Principal
Title
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
- � By ._. CA- L/- G�' � (SEAL)
torney-in-fact Title
C309e%--IOM,
Approved by The American Institute of Architects,A.I.A.Document
No.A-311 February 1970 Edition.
w
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 MA
tion of the State of Maryland, by C. M. PEGOI' JR°
Assistant Secretary, in Maryland, by
of authority M. F , Vice-President, and y MARYLAND, a corpora-
pany, which reads as follows: granted by Article VI, Section 2, of the By-Laws of said Corn.
SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially
ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the con
Secre-
tary or any one of the Assistant Secretaries, to a
as the business of the Company Attorneys-in-Fact
in-Fact
appoint ize Resident person to execute Vice-Presidents behlof th and Company any bonds,
undertakings,reco p Y may require,or to authorize any concurrence of the Secre-
gnizances,stipulations, Y person or persons to eeasesend behalf of the Company 8
mortgages and instruments in the nature of mortgages, agreements,deeds,and releases and assignments of judgments,
Com-
pany may require,and to affix the seal of the Company a y t reo all other instruments and documents which the business of the Corns'
pant'thereto. � gments,decrees,
does hereby nominate, constitute and a
Lundquist,nominate, appoint Richard A. S*�ack
Eberly Timothy R. Nickels, John D. Van Grol D AM. -G nbu g, JV 9 John M.
y and Dennis W. Gillespie, all of Appleton. ' Many M. VaEAenbuxgt Vione L
s rue an. aw u agen an. ttorney-In- act, to m eexecute,�seafan
surety, and as its act and deed: any rere EACH
y and all bonds a Iver, . . Its e a as
and undertakings.. . . . . . . . . .
And the execution of such bonds or undertakings in pursuance of these presents,shall
TCompany,as fully and amply, to all intents and purposes,as if they had been duly executed d binding owle said
ithe regularly elected officers of the Company at its office in Baltimore, Md., in their
power of attorney revokes that issued on behalf of Y utedandacknowledged
dated, July, l 1 r own proper persons.
� 9810 Rl.chard A• Stack
J etal,
The said ,andt is Secretary does hereby certify that the afore going is a true co
said The said and is now in force.
IN WITNESS g g copy of Article VI, Section 2, of the By-Laws of
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
-------------------1_1.t.13 bed
"-----'--"-day of-__.____ _ OF MARYLAND, this
"---------J'��,�----------- ------ - -- ------ A.D. 19 _82-
FIDELITY
-"°° ELITY A ND DEPOSIT COMPANY
`,d°txO DEPOS;�! ATTEST:
PANY OF MARYLAND
.s
SEAL ;,_
e ,... ,te .....e__00...(2„st„:„
STATE OF MARYLAND Assistant Secretary BY----
CITY OF BALTIMORE } SS: • - . °------f ---------
Vice-President
On this l.lth day of June
Maryland,in and for the City of Baltimore,duly commissioned and qualified,before the subscriber, a Notary Public of the State of
ed,came the above-named Vice-President and A.D. 19 82
Sand Who of executed FIDELITY
the preceding AND DEPOSIT Yd F My Rack ND,to me e
in and and each for himself de personally known to be the individuals,a ei g and officers duly ly Assistant bed
to the poseth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed
preceding instrument is the Corporate acknowledged the execution of the same,and being by me duly sworn,
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
porate Seal of said Company,and that the said Corporate
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my poste Seal and their signatures as such
first above written.
y Official Seal,at the City of Baltimore,the day and year
r:
,0;NOTAgY 9
s.,P�.���...,
Notary Publi� Com
�,,...._,t,.,� missi .Tres.�-•- 1
`"°q``:1,,•,,. CERTIFICATE ----a_.. _ $6
doI,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby
Power further of f that which Vice-President of Pr foregoing is a full,ll,true
and said Pow
do er certify tat the Vd of Directors to appoint copy,is in full force and one the the date a this Vi certificate;.pr Vice-Presidents nd I
the.,IDELITY AND DEPOSIT COMPANY OF Power of Attorney was one of the additional Vice-Presidents ape-
ppoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of
This Certificate may MARYLAND.
Y be signed by facsimile under and by authority of the following resolution of the Board of Directors of th
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting
RESOLVED; 0°That the facsimile or mechanically reproducduly
d(signature of any on the 16th day of
made heretofore or hereafter,facsimile wherever appearing Y July,the Co. the
valid and binding upon the Company with the same force and effect as though manually affixed."
ppearing upon a certified copy of any Y power of attorney issued of the Com an
IN TESTIMONY WHEREOF, I have hereunto subscribed my Y power of attorney issued b p Y, whether
Y the Company, shall be
INT_TESTIMONY
y name and affixed the corporate seal of the said Company,
...........day of_.......September P Y, this
LI428Ctf°-3M,11.81 214234-18-,-�®.7l
FOR YOUR PROTECTION LOOK FOP Tim >•-Q_r• --
ssis •cretary