HomeMy WebLinkAboutCNT 82-04/CHG OR 1/ James Cape & Sons CONSTRUCTION CONTRACT
1
THIS AGREEMENT, made on the .p.,s"t, day of , 19 82 ,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and JAMES CAPE & SONS
of 6422 N. Highway 31, Racine, Wisconsin 53401
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. 82-04 .
For concrete paving and underground work for various streets , pursuant
to Resolution #14 adopted by the Oshkosh Common Council on May 20 , 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 Lie 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 $ 1,142 , 685 . 55 , 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
i
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 1= ND AGREED that Lhe
"Contractor" wherever used in this contract means the party of the
second part and its/his/their legal representatives , successors and
assigns .
2
a -
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
JAMES CAPE & SONS
L . By: �3 ./a,
1 Y itle)
(Seal of Contractor
if a Corporation) By: 0 ,c-X
. - .
(Specify Title)
CITY OF OSHKO'
%/7
iiitTleja Vi-i qi . ,
✓ WILLIAM D. FRUEH, City Manager
' / -t./- A► . .. BY: 2 /,��2�GP
L7/
i'G �''
CO E C. b1��F�� Clerk
,� Y
I certify that provisions have been made to
pay the liability that will accrue to the
Ci of Oshkosh under the within contract. (Seal of City)
Q GU,/ _
EDWARD A. NOKES, City Comptroller
Approved as to'.:
10731 ' /i x/
ATE 051001
TOM W. AHRENS, ASST. CITY ATTORNEY
- 3 -
Duplicate of A.I.A. Form A311 Feb. 1970 Edition
41_1
FIREMAN'S nom
INSIIAANCE COMPAIUES
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That JAMES CAPE & SONS COMPANY
(Here insert full name and address or legal title of Contractor)
6422 N. Hwy. 31, P. 0. Box 1315, Racine, Wisconsin 53401
as Principal, hereinafter called Contractor,and THE AMERICAN INSURANCE COMPANY, P. 0. Box 13339,
(Here insert full name and address or legal title of Surety)
Wauwatosa, Wisconsin 53213 , as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF OSHKOSH
Oshkosh, Wisconsin 54901
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in th amount of
One Million One Hundred Forty Two Thousand Six Hundred Eighty Five & 5 oll�llars ($ 1,142,665.55
for the payment whereof Contractor and Surety bind themselves, their heirs, executor , administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated May 25, 1982
entered into a contract with Owner for Public Works No. 82-04
Concrete Paving and underground work for various streets, Oshkosh, WI
in accordance with drawings and specifications prepared by
(Here insert full name and address or legal title 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 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 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 respon-
sible 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_ ._ 25th day of May A.D. 19 82
JAMES CAPE & SONS COMPANY
(Principal) (Seal)
(Witness)
>lir-- By• ^%zz za... / Cam'
THE AMERICAN INSURANCE COMPANY
c (Surety) (Seal)
Lillian I:WfioAon B 7
360532-6-70
William F. Norton - Attorney-in-Fact
Duplicate of A.I.A. Form A311 Feb_ 1970 Edition
LABOR & MATERIAL PAYMENT BOND
FIREMAN'S FUND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
INSURANCE COMPANIES OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
That JAMES CAPE & SONS COMPANY
(Here insert full name and address or legal title of Contractor)
6422 N. Hwy. 31, P. O. Box 1315, Racine, Wisconsin 53401
as Principal, hereinafter called Principal, and THE AMERICAN INSURANCE COMPANY�P, 0. Box 1333 . --
(Here insert full name and address or legal title of Surety)
Wauwatosa, Wisconsin 53213 , as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF OSHKOSH
Oshkosh, Wisconsin 54901
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
One Million One Hundred Forty Two Thousand Six Hundred Eighty Five__&___Dollars ($ 11_142,685.55
(Here insert a sum equal to at least one-half of the contract price) 55/100
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 N ,_19.82
entered into a contract with Owner for_. Public Works No. 6 2-04
Concrete Paving and underground work for various streets, Oshkosh WI
in accordance with drawings and specifications prepared by —
(Here insert full name and address or legal title 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 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 obli-
gation 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 Subcontractor of the Principal for labor, material,
or both, used or reasonably required for use in the performance of the Contract, labor and material being construed 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 follow-
ing: 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 maintained 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 'n good faith hereunder, in-
clusive 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 25th day of ___ May A.D. 19_82
JAMES CAPE & SONS COMPANY
(Principal) (Seal)
(Witness)
L' (Title)
THE AMERICAN INSURANCE COMPANY•1 . / ti (Surety) (Seal)0 4 4 1, 47
1
(Witness.)
Lillian I. orton
360533 4-78 By
William F. Norton — Attorney-in-Fact
GEWRAL
POWER F
TTOR EY THE AMERICAN INSURANCE COMPANY
KlklOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation duly organized and existing under the
laws of the State of New Jersey, and having its principal office in the City and County of San Francisco. California. has made, constituted and
appointed, and does by these presents make, constitute and appoint
CHARLES F. NORTON, LILLIAN I. NORTON and WILLIAM F. NORTON
BUTLER, WI jointly or severally
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,place and stead.to execute. seal,acknowledge and
deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof NOT TO EXCEED THREE MILLION
AND NO/100 DOLLARS ($3,000,000.00)
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the
Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full
force and effect.
"Article VIII,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances.
Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries
and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on
behalf of the Corporation.
Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been
amended or repealed:
"RESOLVED,that the signature of any Vice-President. Assistant Secretary.and Resident Assistant Secretary of this Corporation. and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto. by
facsimile,and any power of attorney.any revocation of an power of attorney. or certificate bearing such facsimile signature or facsimile seal shall he
valid and binding upon the Corporation.
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to he signed by its Vice-President.
and its corporate seal to be hereunto affixed this 16th day of November 19 81
E,ME q/
THE AMERICAN INSURANCE COMPANY
By
��:�.rt ry4ti
aqi..1&
',ice-President
STATE OF CALIFORNIA,
} ss.
CITY AND COUNTY OF SAN FRANCISCO
On this 16th day of November 19 81 before me personally came Richard Williams•
to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cor-
poration described in and which executed the above instrument; that he knows the seal of 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.
IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
•I1I11/IIIIIIIi1U11111111M111111111111111 1111/11111111U
• OFFICIAL SEAL
SUSIE K. GILBERT
NOTARY PUBLIC -CALIFORNIA E N,aur}Public
A
CITY & COUNTY OF SAN FRANCISCO
XMy Commission Expires Nov. 17, 1984
■11II/III,n,$INNINNNNNMNINNNNNNNNINU CERTIFICATE
STATE OF CALIFORNIA, )
} ss.
CITY AND COUNTY OF SAN FRANCISCO
1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sec-
tions 30 and 31 of the By-laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in force.
Signed and sealed at the City and County of San Francisco.Dated the a‘....)_) day of IT , 19 S
44.
MG*14CE C:3#'�' Resident Assistant Secretary
360711-TA-5-81
CHANGE ORDER NO. 1
TO: JAMES CAPE & SONS DATED: January 11, 1983
6422 N. Highway 31
Racine, WI 53401
Your present contract with the City of Oshkosh, Contract No. 82-04 ,
is hereby amended and changed as follows:
(insert here work and/or materials to be added or eliminated and
the unit and/or lump sum price to be added to or deducted from the
contract. ) TO CORRECT QUANTITIES FROM ESTIMATED TO FINAL MEASUREMENT FOR
UNDERGROUND ON CONCRETE PAVING CONTRACT:
Storm Sewer - Section II - Total Increase to Section $9,493.40
Total Decrease to Section $ 500.00
NET INCREASE TO STORM SEWER $8,993.40
Sanitary Sewer - Section III - Total Increase to Section $5,070.40
Total Decrease to Section $ 173.20
NET INCREASE TO SANITARY SEWER $4,897.20
Water Main - Section IV - Total Increase to Section $ 747.25
Total Decrease to Section ---
NET INCREASE TO WATER MAIN $ 747.25
NET INCREASE TO SECTIONS II,III, & IV $14,637.85
Recommended: CI Y OF OSHKOSH
/
�� By; r% �. . 1//,` "/2„‹..„47
'Di ector of Public-Works '' City Manager
City Clerk//
Approved and accepted:
Contractor`
I certify that provision has been made to pay the liability that
will accrue to the City of Oshkosh, Wisconsin, under the within
Change Order.
Comptroller
Approved as to form:
/951- City Attorney
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CHANGE ORDER NO. 1
TO: JAMES CAPE & SONS DATED: January 11, 1983
6422 N. Highway 31
Racine, WI 53401
Your present contract with the City of Oshkosh, Contract No. 82-04 9
is hereby amended and changed as follows:
( insert here work and/or materials to be added or eliminated and
the unit and/or lump sum price to be added to or deducted from the
contract. ) TO CORRECT QUANTITIES FROM ESTIMATED TO FINAL MEASUREMENT FOR
UNDERGROUND ON CONCRETE PAVING CONTRACT:
Storm Sewer - Section II - Total Increase to Section $9,493.40
Total Decrease to Section $ 500.00
NET INCREASE TO STORM SEWER $8,993.40
Sanitary Sewer - Section III - Total Increase to Section $5,070.40
Total Decrease to Section $ 173.20
NET INCREASE TO SANITARY SEWER $4,897.20
Water Main - Section IV - Total Increase to Section $ 747.25
Total Decrease to Section ---
NET INCREASE TO WATER MAIN $ 747.25
NET INCREASE TO SECTIONS II,III, & IV $14,637.85
Recommended : CITY) OF OSHKOSH
-�-- By
/Df ector of Public gorks ity Manager ,
z2
„v,,, cf
City Cler
Approved and accepted:
Contractor'
I certify that provision has been made to pay the liability that
will accrue to the City of Oshkosh, Wisconsin, under the within
Change Order.
(i- -
Comptroller
Approved as to form:
OA j
415/City Attorney
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