HomeMy WebLinkAboutPW CNT 83-07/Peter Rasmussen & Sons CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 22nd day of April , 1983 ,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and PeiTit RASMUSSEN & SONS
of 3116 Algona Blvd. , Oshkosh, WI 54901 ,
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. 83-07 - for Base Bid 3A, General Construction Work
at Depot Building at Menominee Park Total Bid: $9,781.00
pursuant to Resolution #15 adopted by the Oshkosh Cannon Council on
April 21, 1983,
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 $ 9,781.00 , 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 no 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 ether component part which
follows it numerically except as may bt: otherwt � e 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,
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: CO ''IRACTOR
PETER RASMUSSEN & SONS
i -
1
� c
(Specify Title)
(Seal of Contractor
if a Corporation) By lQ �CZC�
(Specify Title)
CITY OF OSHKOSH
i_ i ! • i� CAJL _ . By:
IL IAM D. FRUEH, City Manager
A If .� ' if BY: id), t
DONNA C. LUEBKE , ity 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)
EDWARD A. NOKES, City Comptroller
Approved as to form':
614A / i461/14
i .«! p<r1,4 7401.k ±'fir ■ ■14,►4 .4 ►:Q r4';:4
TOM W. AHRENS, Asst. City Attorney
•
- 3 -
CITY April 28 , 1983
OF
OSHKOSH
Peter Rasmussen & Sons
3116 Algoma Blvd.
Oshkosh, WI. 54901
We are herewith enclosing copies of the Contract (based on
your City Council accepted bid) to furnish the City of Oshkosh
with the following :
Construction work at Depot Building,
Menominee Park #83-07
Kindly execute all copies : with necessary signatures , wit-
nesses , corporate seal -- and return to this office . Please en-
close a Perfo_mance Bond ; a Material and Labor Bond , and a copy of
your Insurance to cover this proscct . Specifications for these en-
closures are explained in your bid specifications .
t pcn final execution , we will mail you one copy for your files .
Yours truly ,
CITY OF OSHKOSH
Office of the City Clerk
Enos .
CITY HALT_ e 215 CHURCH AVENUU P. 0. BOX 1130 • OSHKOSH, WISCONSIN 54902
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- 2Th -
•
RESOLUTION # 15
CITY OF
4:141k -' •
y 44 WISCONSIN
1111:;77L,pie
April 20, 1983
:OUNCIL-MANAGER
ADMINISTRATION
TO: William D. Frueh
CITY COUNCIL City Manager
Robert E. Pung
Mayor FPM: Boyd A. Kraemer
Kathleen M. Propp Director of Parks
Deputy Mayor Ste: Contract 83-07 Park Buildings Renovation
Floyd R.Chapin 1983 Capital Improvement Program
Charles J. Hulsebosch
Don H. Kutchera On April 19, the City opened bids for the renovation of three park
James A. Mather buildings: Menominee "Linde" restroom, Menominee Train tepot concession
Bernice Teichmiller area, and South Park restroom. Unfortunately, the total bid for all
three buildings is considerably more than what was budgeted in the 1983
CITY MANAGER Capital Improvement Program. Furthermore, the plumbing fixtures which
William D. Frueh are presently on order are not anticipated to arrive in Oshkosh until
June 18. This late delivery date would neccesitate quite an incon-
venience to our park patrons and shelter users. Therefore, it is my
PHONE recommendation the City reject bids for the work at the two restroatLs
(414 424-0274 and re-bid the work in early September, thereby avoiding supply delays
and construction inconvenience. Furthermore, additional funds could
perhaps be obtained from other projects coning in under budget or the
use of outside funding such as the recently enacted "jobs bill" monies.
I do recommend we accept the bid for the Express Depot building
renovation for the following reasons: 1) the bids received are fairly
close to the estimated budget 2) the concession will generate revenue
back to the City 3) the public has become accustomed to food con-
cessions and the continuance of this service is vital to revenue
projection and the continued success of our ride concessionaire and
total family enjoyment and 4) the City has available at present
excellent sources and prices for demonstrator and slightly used equip-
ment.
Your concurrence and subsequent Council approval is solicited.
Enc: Bid Tabulation 83-07
cc: John Pence, City Attorney
Donna Luebke, City Clerk
Jack Schneider, Public Works
- 27a —
CITY HALL • 215 CHURCH AVENUE • P.0. BOX 1130 • OSHKOSH, WISCONSIN 54902
April 21, 1983 #15 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: BID FOR PUBLIC WORKS CONTRACT NO. 83-07
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh has heretofore advertised for bids for
Public Works Contract 83-07 pertaining to the general construction work and
plumbing work for the Depot Building at Menominee Park; and
WHEREAS, upon the opening and tabulation of bids, it appears that the
following are the lowest and most advantageous bids:
PETER RASMUSSEN & SONS
Oshkosh, Wisconsin
Base Bid 3A General Construction
Work, Depot Building 1-10 $9,781.00
DRUCKS PLBG. & HEATING INCORPORATED
Menasha, WI
Base Bid 3B Plumbing Work,
Depot Building 1-15 $2,700.00
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the said bids are hereby accepted and the proper City officials
are hereby authorized and directed to enter into an appropriate agreement
for the purpose of same, all according to plans, specifications and bid on
file. Money for this purpose is hereby appropriated from:
Account No. 361-999 - Park Improvements - 1983 CAP Program
- 27 -
ctz G-1
The Continental Insurance Companies
I
IBond No.
PERFORMANCE BOND
I Approved by The American Institute of Architects
A.I.A. Document No. A-311 (Feb. 1970 Edition)
I
KNOW ALL MEN BY THESE PRESENTS:
IThat Peter RasmMaaen's Sons, 31F Algoma Blvd. , Oshkosh, Wisconsin
(Here insert full name and address or legal title of the Contractor) I
i
Firemens Insurance Company of Newark I
as Principal, hereinafter called Contractor,and mpa y ark as Surety,
(Here insert full name and address or legal title of Surety)
hereinafter called Surety,are held and firmly bound unto City of Oshkosh, Wisconsin
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Nine thousand, seven hundred eighty—one
g t I
Dollars ($ 9,781.00 ` ),
for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and sever-
'
_ ally, firmly by these presents.
IWHEREAS, Contractor has by written agreement dated
entered into a contract with Owner for Public Works contract No. 83-07 f or base e hid 3A - I
General Construction work at Depot Building at Menominee Park
in accordance with drawings and specifications prepared by Reinke 9 Ransche & Last, Inc. , - 805 Nor th
Main Street, Oshkosh, Wisconsin
(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 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 the Owner.
I
Signed and sealed this 22nd day of April A. D. 1983 I
P :- Roar • sse. ' - Sons
//' .rr. Ail (Sea i) -
{. _, ---z-- , (Principal)J
I
•
(Witness) President (Title)
Firemens Insurance Co. of Newark
(Seal)d'' —
(Surety)
�� T
(Witnes.) Attorne 71.n-f ct (Title)
r
BOND 4393C
47)SH;KOSH; 'A'ISCti i1SIN 54901
alb
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
Arthur Rehbein or P. Bruce Stevenson or Richard M. Audiss
all of Oshkosh, Wisconsin
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
Five Hundred Thousand ($500,000) 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 Senior Vice Presidents and attested by one of its Assist-
ant Vice Presidents this 22nd day of April,1977.
FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
Attest
"47:e
i2..i.„....4,ril 6:77:._ ,„„!,,,.r,„
By
Morris L. Ford.Assistant Vice-President 4 v
STATE OF NEW YORK, R.K.Ruesch,Senior Vice-President
ss
COUNTY OF NEW YORK,
On this 22nd day of April, 1977, before me personally came R. K. Ruesch, to me known,who being by me duly sworn,
did depose and say that he resides in New Providence, in the County of Union, State of New Jersey, at 35 Alden Road;that
he is a Senior Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation de-
scribed 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.
fq'....''''---.'s"--: /71,-11,1,14....,..-
,;,..,0,AR,...„ itel
..: _ :.,
Pueu' HERBERT HOFFMAN
NOTARY PUBLIC,State of New York
No 52-1821035 Oual.in Suffolk County
CERTIFICATE Cett.filed in N.Y.Co.Clk's Office
Commission Expires March 30, 1979
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 .r 2.-- day of A tit ! , 19g.3
2 ../iCr-o,..e.
James M Keane,Assistant Secretary