HomeMy WebLinkAbout28336 / 76-19August 5, 1976
# 19
..J_ _._.. . .
RESOLUTION
. L . . _
WHEREAS, the City c�f nsY�kash has heretc�iore advertised for
bids for Contract ?6-14, Rebid for Storm Sewer, and
i�F�ER�'�S, up�:: tt�.. cpeni: g and t��u�a�a_��i of �;��, iz appears
that the folloFai�c� � s t�i� lak*est �nci mo� t advant:ageous laad �
C.F. Y,�LUPP, INC.
Box 133
Berlinj Wiscan��in 54°23
.5�03,887.25
NOHi, THEREFORE, BE IT RESOT�VE� by the C�mmon Counci7. of tYie
City of Oshkosh that th� said bid is hereby accepted and the proper
City off icials are hereby authorized and directed to enter into an
apprapriate agreement for trie purpase of s�me, alI according to
plans, sgecifications, and bid on file. Money for this purpose
is hereby appropriated �rom A�count Numher 335 999, St:arm Sewer
Separation Account, all within the 1976 Budget.
C,T�� � r.r,�.- r, �:�
� ., ! � t ' �' � . . , .. ,.. ...,..m. ....,. ......... _....,_ ..._..._._.,.,.....
i.. .. . . . . . ..
f, „- �` ._ ... —�d��:
.... �,: ...�'�'^-__ ._ "'��
—z2_.
� .
; :.. .
�
_ ,
CONSTRUCTION CONTRACT
�
� �.3 3 :�
THIS AGREEMENT, made on the �_ day of _, 19�,
by and between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY, and C. F. KALUPA,_INC.
of Box 133, Berlin, 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 ec{uipment 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 76-14 - Storm 5ewer Installation and
Appurtenant Work -
Approved by resolution �19 of August 5, 1976
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 ITI. ''`�PAYMENT.
(a) The Contract Sum.
The City shall pay to the Contractor for the performance of the
contract the sum of $ 203,887.25 , adjusted by
any changes as provide in t e enera on itions, 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
. �
. ,r
.
amounts detercuined for th� tutal number of each of the units
of work as set forth in the Contractor's proposal; the number
�f 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 Che
contract.
(b) Progress Payments.
In the event the time necessary to co�plete 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 agaiast 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 aeglect 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. COP4PONENT 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. Contr"actor'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.
��
ti`
IN WITNESS
contract to be seale
City Manager and Cit
and the party of the
seal the day and yea
In the presence of:
(Seal of Contractor
if a Corporation)
WHF�ZEOF, the City of Oshkosh, Wisconsin, has caused this
d with its corporate seal and to be subscribed to by its
y Clerk and coLm.tersigned by the Comptroller of said City,
second part her hereLmto set its, his or their hand and
r first above written.
f
,..��� ^.�--- >
,
,:
I certify that provisions have been ma.de to
pay the liability that will accrue to the
City of Oshkosh imder the within contract.
Q GL�I�C'./u�
DEL L , ity omptroller
Approved
�orm�.�
�
��-,%:.�
�City �
execution:
rney
CONI'RACTOR
By: ,���� ;'j'2-z-�_- ,>� - -,
. y �
.� _ -�
peci y Title
��'�
/� ,
By : � � ��'� ��`'+ --r _..-�
< >
��
Specify Titl
CITY OF OSHKOSH ,�
�,
,
��`, '_ '
BY: '� �
WILLIAM D. FRUEH, City Manager
, °
By: � ,� a
CO E C. S, C' lerk
- 3 -
(Seal of City)
�
'-' � D�plicate of A.I.A. Form A311 Feb. 1970 Edition
OO �
FIREMAN'S FUND
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
Th�-,+ C. F. Kt�L'JPA, INC.
(Here insert full name and address or legal title of Contractor) �
P. �. Box 133, Berlin, Wisconsin 5�+923
as Principal, hereinafter called Contractor, and T� �M�ICAN INSURAIVCE COMPANY� 3333 N, Mayfair Road�
(Here insert full name and address or legal title of Surety)
wauwatosa� Wisconsin 53Z22 as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF OSHKf?SH. WISC()N�'IN
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, i the amount of
Tvo Hun Pd r Thousand Eight Hundred EiAihty Seven & 25/100 Dollars ($ 203��87•25 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and�everally, firmly by these presents. --
WHEREAS, Contractor has by written agreement dated
entered into a contract with Owner for PubliC �dorks ContraCt 7E>-l�t - �torm Sewer Installation
and An��tenant Work
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, cmd is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, it 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 altercttion or extension- of time made by the Owner.
Whenever Contracior shall be, and decl�ired by Owner to be in default under the Contract, the Owner having performed Owner's
obligations thereunder, the Surety may promptlp remedy the defcxult, 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 caranged under this pcuagraph) sufficient
funds to pay the cost of completion less the balance of the contract price; but not exceeding, includinq other costs and dcanages 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 paiagraph, 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 fwo (2) years from Yhe 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 8th day of Sep�etnber _ A.D. 19�
i iCl%�.
( Witness )
�an�a�—a_�n
C. F. KALUPA, INC.
�., �, (Principal) (Seal)
$�+ � ' _�. �(�.� �GU'�'�y`_"_` l��f�i
� �
` (Ti4xe)
THE AMERICAIY ZNSURANCE COMPANY
(Surety) ($e�)
By- ��:� ?��
Attorney-in-Fact
�..��F_
�„�.o .. o.. o�J
FIREMAA['S FUND
LABOR � MATERIRL PAYMENT BOND
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 C. F. KALIIPA� INC.
(Here insert full name and address or legal title of Contractor)
P. 0. Box 133, Berlin, Wisconsin 54923
as Principal, hereinafter called Principal, and fi� �MERICAPI IN.��R�A�CE C�.�.:it�ANY� 3333 x� �',ayfair Road�
(Here insert full name and address or legal title of Surety)
Wauwatosa� �'isCOnsin 53222 as Sure�ty� hereinafter called Surety, are held and firmly bound unto
CITY OF QSHKOSA. WISCONSIN
(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
Two Hundred Three Thousand Eight Hundred Eiqhty Seven & 25/100 --j�allars($ 2�3,887.25 ),
(Here insert a sum equal to at least one-halE oE 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
entered into a contract with Owner for PubZiC WoTks ContraCt 76-11+ - S�ot'm Sewer Installation
and Appurtenant Work
in accordance with drawings and specifications prepared by
(Here insert Eull name and address or legal title of ArchitecU
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 a
public ofEicer.
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 p�t 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 hereunder, in-
clusive of the payment by Surety of inechanics' 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 $th day of September A.D. 19�
-� C. F. KALUPA, INC.
� (Principal) (Seal)
i ess n
17y :
(Title)
THE AMERICAN INSURANCE CQMPANY
i/�� � ��j�,������ � (Surety) (Seal)
/�i' 7G � / �
(Witness) . �
B .�,��/'�..�
360533-6-70 y
Attorney-in-Fact
rn
�
�
�
0
�
�
�s o
•� �-,
.�
�
� •�
� .�
o a�
�+ a
� �
�7 0�
.N t
� �+
�tia�
o �
� � a�
.�-� U tl]
� cd
� S� �
O -I� �
U] � O
� .(1,�' U ��!]
�
s�.
0
�
�
0
N
�
O
R-I
�
O
�
�
�
m
�
�
�
�
�
.,�
u
�
�
c�
�
ti
rn
� �
�
� a�
�
.N c�
�
�
� �