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HomeMy WebLinkAboutZunker Contractors, Inc PW contract 83-10 CONSTRUCTION CONTRACT • THIS AGREEMENT, made on the 3rd day of June , 19 83, by and between the CITY OF OSHKOSH, party of the first part , hereinafter referred to as the CITY, and ZUNKER CONTRACTORS , INC. of 479 Meadow Court , Fond du Lac, WI 54935 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. 83-10 for general construction of sanitarysewer, storm sewer, and water main pursuant to Resolution #13 adopted by the Common Council on 6/2/83, 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 $ 9535.00 , 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 u p of streero , ailc_ys 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 domal ds within a reasonable time after demand thereof . ARTICLE V. CO;IPO' E';T 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. instruction.. to Bidders 4 . Specifieaties , ? ncluding any addenda 5. Plans 6 . Contractor ' s Propoal 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 ahov.e shall govern over any thcr component part which follows it numerically except as may be otherwise specifically stated . IT IS HEREBY DECLARED , UNDERSTOOD AND AGftr.ED 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: CONTRACTOR ZUNKER CIN RACTO I/ NC. _ t / g e Z L//D 1, 4 i- peci y Title (Seal of Contractor if a Corporation) BY: J , r-a--Q /10,e Y / / eo.c. 61,� 56 c.eE "'we (Specify Title) CITY OF OSHKO :Tip A ��� � BY: !/' �:Gfi �G /d�ez-e-[e WI ■`IAM ty D. FRUEH, Ci Mana e r 41 BY: 4/1/1,0) DONNA C. LUEBKE, ity Cleric I certify that provisions have been made to pay the liability that will accrue to the CitTr pf Oshkosh under the within contract. (Seal of City) EDWARD A. NOKES, City Comptroller Approved as to form': IC W AkiWt5thikeiffli,x TOM W. AHRENS , Asst. City Attorney - 3 - • ♦ June 2, 1983 #13 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN PURPOSE: BID FOR PUBLIC WORKS CONTRACT NO. 83-10 INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh has heretofore advertised for bids for Public Works Contract No. 83-10 pertaining to the general construction of sani- tary sewer, storm sewer, and water main; and WHEREAS , upon the opening and tabulation of bids, it appears that the following is the lowest and most advantageous bid : ZUNKER CONTRACTORS, INC. 479 Meadow Court Fond du Lac, WI 54935 TOTAL BID: $95,835.00 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 Account No. 919-191 - Sewer Utility Construction in Progress Account No. 339-982 - Special Assessments Sewer Account No. 339-983 - Special Assessments - Water Account No. 335-989 - Sewer Separation Fund Expenditures RESOLUTION #13 I I z 1 ' SA l 0. cc n a 1 ° 32, _ n c m 0.. 9 0 1 4 n 'C O T 917.n I~41 9 q G ' >• R n b b b S 2 , '..b Ire J S I n S m S Ca G S 0 0 I ,� I ID• b b 'v 5 2' .. - O.0 b y 2' b 2' ^T n 'I .Z. 1 .2. .4 'O' 'Y y 0. (+ JOi .' 8.n 9 •n b 0 N ••C. A n X Z A 3. 0 % — n ro 5•- 5 Y - .O O C o £eO • 2 - `l v m- - ' `G a v .. n L n 9 9 'J• • u o m a l m E y' ,, b T x'1, x : $ i I W 71 S m c A f; 0- m 0- . ,6.„,,,. m c a 3-- N q o o o n . o - m o ` f „ n .• ` 1 x 3 o- _71 .-ol 0 i n„ rn ° t . c^1 11 1 j , ' n•- '' -I 7 rn1 1i — 1 N u ”' y z O $ N O 3 O n O O ^ I O O A c.o. 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C O O O O O O O O O 1 O , O O 0 O O O O O O O R a i I I • r NI a r a c ti c O O O O 0 O O 0 1 �n O A • T u 1 O. y u in j iII I III I m o c r a m o 9 ° o In z 1 a n T 0 0 0 0 0 O 0 O n O a a • I 1 � 1 I Y ^ ' 0 °o o U I Z,' o , O 7, 1 7, 1 a I z o c l o o o o f A • 0 o 3 0 I a 1 o 0 0 o VI i 1 o o i .n ., f . n vm • S Q. N ,-• C I J I - 0 O O to O O 1 1 ° ° 1 _ o 81 El ° 2 3 3 ' 1 i I 1• 1 i • j • i i j 1 I I j I • I j i I _ _____I ZUNKER CONTRACTORS, INC. PUBLIC WORKS CONTRACTORS 479 MEADOW COURT FOND du LAC,WISCONSIN 54935 414-923-5000 June 14, 1983 Office of the City Clerk P.O. Box 1130 Oshkosh, Wisconsin 54902 Re: City of Oshkosh, Contract No. 83-10 Sanitary Sewer, Storm Sewer, and Watermain Construction Gentlemen: Enclosed are four (4) executed contracts for the above mentioned project. Attached to each copy is a Certificate of Insurance. Also attached are the Performance and Payment Bonds. Please schedule a pre-construction conference as soon as possible. If you have any questions please contact me at 923-5000. V erg truly • s, David L. Zun er President DLZ:cc Enclosures , ,.. -- - , ._... CIrrtifiratr of 3huuwanrr THIS IS TO CERTIFY that the company indicated by an "x" has issued the policy or policies described below. The insurance afforded is only with respect to the coverages indicated by specific limits of liability and this certificate of insurance neither affirmatively nor negatively amends, extends nor alters the coverage afforded by any policy described herein. © THE OHIO CASUALTY INSURANCE COMPANY ❑ AMERICAN FIRE AND CASUALTY COMPANY © WEST AMERICAN INSURANCE COMPANY CERTIFICATE ISSUED TO NAMED INSURED and ADDRESS NAME and ADDRESS ZUNKER CONTRACTORS, INC. 7 7 CITY OF OSHKOSH 7 479 MEADOW COURT 215 CHURCH AVE. FOND DU LAC, WI 54935 OSHKOSH, WI 54901 L _1 L DESCRIPTION OF OPERATIONS LOCATION OF OPERATIONS SANITARY SEWER CONTRACTORS WISCONSIN KIND OF POLICY POLICY LIMITS OF LIABILITY INSURANCE NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE COMPREHENSIVE From 1-1-83 $ 500 ,000 Each occurrence $ 250 ,000 Each occurrence GENERAL XLW 17 59 18 To 1-1-86 $ 500 ,000 Aggregate $ 250 ,000 Aggregate LIABILITY MANUFACTURERS' AND From $ ,000 Each occurrence $ ,000 Each occurrence CONTRACTORS' LIABILITY To $ ,000 Aggregate OWNERS', LANDLORDS' From $ ,000 Each occurrence $ ,000 Each occurrence AND TENANTS' LIABILITY To $ ,000 Aggregate CONTRACTUAL From $ ,000 Each occurrence $ ,000 Each occurrence LIABILITY To $ ,000 Aggregate COMPLETED OPERATIONS From $ ,000 Each occurrence $ ,000 Each occurrence AND PRODUCTS LIABILITY To $ ,000 Aggregate $ ,000 Aggregate OWNERS' OR CONTRACTORS' From $ ,000 Each occurrence $ ,000 Each occurrence PROTECTIVE LIABILITY To $ ,000 Aggregate COMPREHENSIVE From 1-1-83 $ 250 ,000 Each person $ 250 ,000 Each occurrence AUTOMOBILE XAW 17 59 18 To 1-1-86 $ 500 ,000 Each occurrence LIABILITY OTHER: From To UMBRELLA XEU 17 59 18 From 1-1-83 To 1-1-86 $ 5 ,000,000 Single Limit MULTI-PERIL From Each occurrence To $ ,000 Aggregate WORKMEN'S XWO 17 59 18 From 1-1-83 COMPENSATION-STATUTORY-STATE(S) COMPENSATION To 1-1-84 Employers' Liability — $ 200,000 In the event of cancellation of these policies written notice will be mailed to the party to whom this Certificate is issued but no responsibility is assumed by reason of any failure to do so. �/"� '- DATE: June 7, 1983 BY AUTHORIZED REPRESENTATIVE Form L-604a Rev. 1.73 014 SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AIA DOCUMENT w JULY 1960 ED. WIS. A312 PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779.14 WISCONSIN STATUTES. vi KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) ZUNKER CONT'RACT'ORS, INC. , 479 Meadow Cburt, Fond du Lac, Wisconsin 54935 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) UNITED STATES FIDELITY & GUARANTY OCMPANY, Baltimore, Maryland duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of owner) THE CITY OF OSHKOSH, WISCONSIN as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Ninety—Five Thousand Eight Hundred Thirty—Five and NO/100s Dollars ($ 95,835.00), (Here insert • sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated June 3 19 83 , entered into a contract with Owner for Public Works Cbntract No. 83-10 — Sanitary Sewer, Storrs Sewer, and Water Main 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 required by Section 779.14, Wisconsin Statutes, iA IA The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract, c r PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES fy WIS. AIA DOC. WIS. A312JULY. 1980ED. PAGE 1 Copr. 1989 Wisconsin Society of Architects/AIA as E.Wa defiles Ave. Mailoa.rYit. S37r3 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principial shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or 1ecovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with • tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 14th day of June , 19 83 IN THE PRESENCE OF: ZUNKER CCNTRACI'ORS, INC. Principal 71A1 _ /AL l . �i _ (Seal) Witness Thiel pieESid • • ---- UNITED STATES FIDELITY & GUARANTY (Clh'IPAgY Naise�/ ue. Surety _�� ss: ` _, /, �.. ._ ��i ..'J. 4-- _ . w;�. . :Elizabe .s N, Fedyn, At •rney--Ini Fact APPROVED BY* IN THE PRESENCE OF: CITY OF SHKOSH Jett\ (LI ft/jieM4' By: i/ !:E' " (Sol) Witness Mk: William D. Fru , City Manager *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PE FORMAN O( /LABOR-MATERIAL DOND TWO PAGES WIS.AIA DOC.WIS.A312 JULY 1950 ED. PAGE 2 • CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 89622 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Joseph L. Vigna, Charlene Bohlman and Elizabeth M. Fedyn of the City of Brookfield , State of Wisconsin its true and lawful attorneys in and for the State of Wisconsin for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a pat of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever Ibec spki anyone of the said Joseph L. Vigna and the said Charlene Bohlman and the said Elizabeth M. Fedyn may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 25t h day of May , A. D. 19 79 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) 8r, ,. John Hamilton Vice-President. (SEAL) (Signed) Ray H. Britt Assistant Secretary. STATE OF MARYLAND, 1} ss: BALTIMORE CITY, On this 2 5 t h day of May , A. D. 19 7 9, before me personally came John Hamilton , Vice-President of the UNITED STATES..FIDELITY AND GUARANTY COMPANY and Ray H. Britt , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said John Hamilton and Ray H. Britt were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19 82 (SEAL) (Signed) Margaret M. Hurst Notary Public. STATE OF MARYLAND } Set. BALTIMORE CITY, 'r i l l i am Allen , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret 1. Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record,this 25t h day of May , A. D. 19 79 (SEAL) (Signed) William Allen Clerk of the Superior Court of Baltimore City. FS 3 (6-77) 7W COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also, in its name and as its attorney or attorneys-in-fact,or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations,orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I, Richard Calder , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given bysaidCompanyto Joseph L. Vigna, Charlene Bohlman and Elizabeth M. Fedyn of Brookfield, W i s c o n s i n , authorizing and empowering them to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Alne 14, .1983 (Date) 1"°°.°7 Assistant Secretary. 1 4 (I;cc . (nrrtifiratr of Jnnttrttnrr THIS IS TO CERTIFY that the company indicated by an "x" has issued the policy or policies described below. The insurance afforded is only with respect to the coverages indicated by specific limits of liability and this certificate of insurance neither affirmatively nor negatively amends, extends nor alters the coverage afforded by any policy described herein. ® THE OHIO CASUALTY INSURANCE COMPANY I ❑ AMERICAN FIRE AND CASUALTY COMPANY ® WEST AMERICAN INSURANCE COMPANY CERTIFICATE ISSUED TO NAMED INSURED and ADDRESS NAME and ADDRESS 1 PUNKER CONTRACTORS, INC. 7 P CITY OF OSHKOSH 479 MEADOW COURT 215 CHURCH AVE. FOND DU LAC, WI 54935 OSHKOSH, WI 54901 L L DESCRIPTION OF OPERATIONS LOCATION OF OPERATIONS SANITARY SEWER CONTRACTORS WISCONSIN KIND OF POLICY POLICY LIMITS OF LIABILITY INSURANCE NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE COMPREHENSIVE From 1-1-83 $ 500 ,000 Each occurrence $ 250 ,000 Each occurrence GENERAL XLW 17 59 18 To 1-1-86 $ 500 ,000 Aggregate $ 250 ,000 Aggregate LIABILITY MANUFACTURERS' AND From $ ,000 Each occurrence $ ,000 Each occurrence CONTRACTORS' LIABILITY To $ ,000 Aggregate OWNERS', LANDLORDS' From $ ,000 Each occurrence $ ,000 Each occurrence AND TENANTS' LIABILITY To $ ,000 Aggregate CONTRACTUAL From $ ,000 Each occurrence $ ,000 Each occurrence LIABILITY To $ ,000 Aggregate COMPLETED OPERATIONS From $ ,000 Each occurrence $ ,000 Each occurrence AND PRODUCTS LIABILITY To $ ,000 Aggregate $ ,000 Aggregate OWNERS' OR CONTRACTORS' From $ ,000 Each occurrence $ ,000 Each occurrence PROTECTIVE LIABILITY To $ ,000 Aggregate COMPREHENSIVE From 1-1-83 $ 250 ,000 Each person $ 250 ,000 Each occurrence AUTOMOBILE XAW 17 59 18 To 1-1-86 $ 500 ,000 Each occurrence LIABILITY OTHER: From To UMBRELLA XEU 17 59 18 From 1-1-83 To 1-1-86 $ 5 ,000,000 Single Limit MULTI-PERIL From Each occurrence To $ ,000 Aggregate WORKMEN'S XWO 17 59 18 From 1-1-83 COMPENSATION-STATUTORY-STATE(S) COMPENSATION To 1-1-84 Employers' Liability — $ 200,000 In the event of cancellation of these policies written notice will be mailed to the party to whom this Certificate is issued but no responsibility is assumed by reason of any failure to do so. DATE: June 7, 1983 BY ":4C14 _.::1-'s� AUTHORIZED REPRESENTATIVE Form L-604a Rev. 1-73