HomeMy WebLinkAboutPW CNT 82-17/Four-Way Construction CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 28th day of October , 19JuL,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and FOUR-WAY CONSTRUCTION OF WI, INC.
Of • I 1 Ber in WI 54923
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.82-17 pertaining to water main, sanitary sewer, storm
sewer and appurtenant work;
pursuant to Resolution #11 adopted by the Oshkosh Common Council on October 21,
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
5 595. 5 , adjusted by 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
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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 .
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•
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.
In the presence of: CONTRACTOR
FOUR-WAY CONST. OF WI INC.
)/e4/1 BY: '
L
/L&
(Specify Title)
(Seal of Contractor
if a Corporation) By: /, ��; -; <
(Spec y Title)
CIT'Y.OF OSHKOS
•
e. By: -77,z4_- L- ,e6‘,/
7 7
WILLIAM D. FRUEH, City Manager
Mana 9
By: /6 ,:_, ,t
ONNERSE C. City V.erk
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)
EDWARD A. NOKES, City Comptroller
Approved as to form':
Lt/ I
Aglcil fM 4' '4 10 4 .4 4■►4 4'DEW
TOM W. AHRENS, Asst. City Attorney
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Va/Olf62i INDEMNITY CORPORATION
MADISON , WISCONSIN 53701
(a Stock Company, organized under the laws of Wisconsin)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Four-Way Construction of Wisconsin, Inc.
(Name and address of the Contractor)
P.O. Box 133, Berlin, WI 54923
as Principal, hereinafter called Contractor, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety,
are held and firmly bound unto
City of Oshkosh, Wisconsin
(Name and address of the Owner)
as Obligee, hereinafter called Owner, in the amount of Five Hundred Sixty Four Thousand Five
Hundred Ninety Five and 75/00 Dollars (S 564,595.75
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 October 28, 1982
entered into a contract with Owner for Public Works Contract No. 82-17
in accordance with drawings and specifications prepared by City Engineer
(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 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, CI
(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 28th day of October A.D. 19 82
Four-Way Construction of WisconTAR0 Inc.
�j/�/ (SEAL)
Witness ,)jai fdt- ' (Principa
27-!4:44 . (SEAL)
(Title)
CAPITOL INDEMNITY CORPORATION
a Wisconsin C oration, (Surety)
Witness c��;( n'_� �.( By: Ll.� .� — (SEAL)
Attorney-in-fact
(Title)
FORM AM DOC.#A-31I CONT.202-5-'70
r
Capitol Indemnity
i►1,,
C, ;,� � Madison, Wisconsin
il!I(1,1 i (a Stock Company, organized under the laws of Wisconsin)
'"'.a' LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That Four-Way Construction of Wisconsin, Inc.
P.O. Box 133, Berallri, es gf4hContractor)
as Principal, hereinafter called Principal, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety,
are held and firmly bound unto
City of Oshkosh, Wisconsin
(Name and address of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Five Hundred Sixty For Thousand
Five Hundred Ninety Five and /)/00 Dollars (8564,595.75 ),
(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 October 28, 1982
entered into a contract with Owner for Public Works Contract No. 82-17
in accordance with drawings and specifications prepared by City Engineer
(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 28th day of October A.D. 19 82
Four-Wau Construction of Wisconsin(sE4 c.
Witness �ij'f �"1_ - lt.. (SEAL)
,91 (Principal)
(Title)
CAPITOL INDEMNITY CORPORATION,
a Wisconsin Corporation, (Surety)
Witness -�Et--4---LL---A k ��' (.2.-e, ti 7 By: ��/� (SEAL)
Attorney-in-fact
(Title)
FORM AIA DOC.PA-31 1 CONT.203-5-70
1111 �
(:/(:11(/11) •
VO)O/f0-ilNDEMNITY CORPORATION
POWER OF ATTORNEY No. 154472
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
---------ENE BOHLMAN, DENNIS M. BARTON, JOSEPH L. VIGNA, ELIZABETH M. FEDYN----
OR NORMAN 5 +g,..—..0641.....-010.-4/..10.0«.....4011.-1111—«.—•1....11.1..,.Y......,» � x
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
• .1.1.1.1---NOT TO EXCEED ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000.00) -----
This Power of Attorney is granted and is signed and sealed by facsimile under and yt the autority o the follow-
ing Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held
on the 5th day of May, 1960:
"RESOLVED, that the President, any Vice-President, the Secretary or Treasurer, acting individually or other-
wise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of
executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident
vice-presidents,assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such of-
fices to the business of this company;the signature of such officers and seal of the Company may be affixed to any such power
of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such fac-
simile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certi-
fied by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be
revoked, for cause, or without cause, by any of said officers, at any time."
IN WITNESS WHEREOF, The CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be affixed duly attested by its Secretary, this 1st day of August, 1973.
Attest: 440,,
./5;12‘7 ,19•Ef7' 7$
C o,,,,,T,'= CAM', NDEMNIT CO RATI N
1111. 1
Secretary11 11 t
STATE OF WISCONSW President
) 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.
STATE OF WISCONSIN ) •
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. 1_• ed the 28th day of October ,19 82 .
4/,i C [ yvc..0
//James P. Bigle /r Vice-President