HomeMy WebLinkAbout28312 / 76-18�
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.7u1y 15, 1976
� 18 RESdLUTION
WHER�S, the City of Oshkosh has her�tofore advertised for
bids fo� Public Works Contract 76-05, ins�all.ation of water
f22ce� :uaizz, a�.d
TnTHE:L�S, upon the opening and tabulation af bids, it a��pear5
that the �ollowing is the low�st and most advantageous bid:
SU�'E� ExC�VATOR�r INC.
�:a3 W146C1 Bobolink Av��nue
?�ienorrtonee Fal.ls, WI 53051
$ i�.a,�.�E.00
NOW, THEREFORE, BE IT RESOLVED by the Carnman Council af th�
City oi Oshkosh that the said bid is hereby approved and the proper
Gity o��icials are hereby authorized and directed to enter into an
appropriate con�ract for the purpose of same, alI according to plans,
saecifications and bid on file. Money for this purpose is hereby
appro�riated trom its respective construction account.
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CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the � day of July . 19,7�_�
by and between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY, and SUPER EYCAVATORS, INC.
of N59 W14601 Bobolink Ave., Menomonee Falls, WI 53051 ,
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 I10. 76-05, installation of ivat�r r.�in and appurtenant
work
Approved by Res. �18 of July 15, 1976 of the Oshkosh Conmon Council
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 $ , 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
f
•
amounes d�termined for the tutal 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
incorporaCed fn oz made necessary by the work covered by the
contract.
(b) Progress Payments.
In the event the time necessary to cocr.plete this Contract is
such that progress payments are required, they shall be made
according to the provisions set forth in the General Conditiona.
ARTICLE IV. CONTRACTAR TO HOLD CITY HAItI�LESS
The Contractor covenants and a�rees to protect and hald the
City of Oehkosh harmless against all actions, claims and demands of
any kind or character whatsoever which may in ax�� way be caused by
the aegligent digging up of streets, alleg�s or public grnunda or
which may result from �he faulty, careless�►e;;s Qr ne�lect of said
Cantractor, his agents, employees or wo�k�aea in the pe��oYm�nce of
said work or caused by the violati�n of a�ty �i�y ord�.nance, and
shall refund to the City all sums c�hicla i� may be ot�li�ed or adjud�ed
to pay on any such clgims ox demancls w�th�n a reasonable time after
demand thereof.
ARTICLE V. COMAONENT PARTS OF THE C(aNTRAGT
This•contrac� cottsists of the fallowir;g �omponent parts, all of
which are as fully a part of this contzaeC aR i.€ hese�n se[ out
verbatim, or if not atfached, as if t�exe�a a��aehed:
1. General Cc�nditions
2. Advertisement for Bids
3. Instructions to Bidders
4. Specificati�ns, incAuding a�y addenda
S. Plans
b. Cont�actor's Proposal
7. Th�s In�ta�ument
In the event that any provision in any of the above component
parts of this contract co�flicts with any pr�v�.sion in any other of
the component part�, �he pr�visian in the compone�+t p�rt first
enumerated aboae shall govern over any o�he� conpca�er�t part which
follows it numerically excent as may be aetaer��ise sp�cifically etated.
IT IS HEftFBY DECI.AREA, UNAERSTOOn AN� AG�EE� thae the raord
''Contractor" wh�rever used in this cantxacX mesn3 Che �arty of the
second gart and iLs/hisltheir le�al x'epge�en���ti�es, successors and
assigns .
- 2 -
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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 cotmtersigned 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:
��2;�'�� ` l
(Seal of Contractor
if a Corporation)
� � % �
CO�N'1'RACTOR
I certify tha� provisions have been made to
pay the liahility that will accrue to the
City of Oshkosh tmder the �vithin contract.
J
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DE L , City omptroller
Approved
JAMES B.
execution:
�
, City Attorney
, Assistant City Attorney
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CITY
I:
By:
Specify Title
(Seal of City)
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WISC�NSIN CHAPTER
THE AIVIERICAI�I INSTITUTE OF ARCHITECTS
WIS. AIA DOCUME\"f
ti�� �� • O��O ii� ����„Ip�F� JA�1. 1969 ED. WIS. A312
PUBLIC IIVIPROVEIVIENT
PERFORIVIANCEILABOR AND 1VIATERIAL
PAYIVIENT BOND
THIS BOND IS TO BE USED Oti PUBLIC I:�tYROVEMEIT CO\TRACTS PURSUANT
TO SECTION 289.14 WI$CONSIN STATUTES AND ACTS AMENDr�7'ORY THERETO.
KNOW ALL 1�IEN BY THESE PRESENTS: that (Hero insert name and address or (egal title oF the Contractor
referred to in Sec. 289.14 Wisconsin Statutes as the prime contractor) ����R �' �����T��`, ��� . I �%'�' ���,�Q �
8�64�.tNK AVEr� ��7Vi'I�G� �A�,�„��. �� 5�0��.
as Principal, hereinafter called Principal, and� (Here �„5e�c �h� ��gai c;d� and address or su�cy�
�mployers Mufual Ciability (nsurance �drP�j3�ahy o� Wisconsir, � ������� ��
duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Suret}�,
are held and firmly bound unto t�ame and address or iegai t,�ie oC Owner) C�TY QF C�SMi�t?SH,
€�SHkt�SN, M# ��►9t1�
as Qbiigee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in thc
am�unt of (�� �j,��}��p TEl� THt3USA� E�DtE HWNDREt3 TH1R7Y-S1X �1#� 4t1/1�0
Dol la� ( $ � � d r � 3 �t . (��i
{Here inuR a sum at leaat equal to the contract price)
ior the payment �vhereo.'' Principal and Surety bind themselves, their heirs, executors, administrators, suc-
ce,ssors and assigns, jointly and severally, firmly by these presents.
WHE]ftL-'A5,
Princigal has by written agreement dated ,�'(��,,,� ��� 19 '��j, entered into a contract witli O�vner for
PUB L i C 1�URKS �tINTRA�T N4. �'6��5, tNSTALIAT t ON t�' WAT�R MA1 #�1 AM�
APP�1R�'F��tAw'� �QRK
in accor a ce �vi h rawings and specifications prepared by �}t�ie ;�5�« r��u »a�,«, ud� and addre�s)
which contract is hy reference made a part hereof
to contain in substance the following provision:
The Contractor shall pay all claims for labor per-
formed and materials furnished, used or consumed in
making the public improvement or performing the
public work, including, without limitation because of
sp�cific enumeration, fuel, lumber, building materials,
and is required by Section 289.14, Wisconsin Statutes,
machinery, vehicles, tractors, equipment, fixtures, ap-
paratus, tools, appliances, supplies, electric energy,
gasoline, motor oil, lubricating oil, greases, premium�
for �vorkmen's cornpensation insurance and contri-
butions for unemployment compensation.
�I'hc said written agreement, dra�cings, �pccifications :tnd �unendments
are hereinafter referred to as the Contract.
PUIILIC IMPKOVEbi$NT
PERFORMANCE/LABOR•ii�TERIAL BOtiD I'WO Y;\GtiS
WIS. AIA DOC. WIS. A312 JAN. 19fi9 ED. PAGC 1
Copr. 1969 Wisconsin Chapter, The lmerican
�nstitute of Architeas, �88 tiorth JeCferson St.,
:Sihraukee, Wisconsin 53202
�
NOW, THEREFORE, THE CONDITIO�N OF THIS QBLIGATION, as required by Section 289.14,
Wisconsin Statutes, is such that, if the Principal shali faithfc�lly perform the said contract and pay every
person entitl��d thereto for all the claims for labor perfornied and materials furnished under the Cantraet,
to be used or consumed in making the public impmvement or performing the public work as provided in
the Contract, then this obligation shall be null and void; othenvise it shall remain in full force and effect,
subject, however, to the following conditions:
1) No assignment, modification or change of the
Contract, or change in the work covered thereby, or
any extension of time for the completion of the Con-
tract shall release the sureties on the bond. `
21 Not later than one year after the completion of
work under the Contract, any party in interest ma��
maintain an action in his own name against the
Principal and ,the Surety upon this bond for the
recovery of any damages' he ma}� have sustained by
reason of the failure of the Principal to comply with
the Contract or with the Contract between the Prin-
cipal and his subcontractors. If the amount realized
on this bond is insufficient to satisfy alI claims of
the parties in full, it shall be distributed among the
pa.rties pro rata.
Signed and sealed this ��TM day of '�V�'Y , 19'6
IN THF PRESENCE OF:
� �l}��R E3tCAYA74RS, INC.� ' �
���
.. . Br � (s�i�
Witness Tide:
Employers Mufual Ciabitity tnsurance Company of wJisconsin
'.Vame of Surety ~� �
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� ����'�`�`� BY� r�/!�/i� �) �,� • (Scal I
. ' , ' w;m�� �r;�te: Attorney-In-Fect
IN THE PRESENCE OF:
Witnes�
APPROVED BY*
By:
Tide:
� � o��� .
cs�>
*This bond shall be approved in the case of the state by the governor, 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 hy the director or president and of any other public board or body by the presiding officer thereof.
. . . . .. . . � . . . , _� � k
. . . � ' . ,�. :s . .. ..... t s } �i .
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR.MATERIAL BOND TWO PAGES
WI3. AIA DOC. A312 JAN. 19� ED. PAGE 2
,
Nota�ial Acknowledgement-Attorney [n Fact
' STATE OF..__ --°---- Or. , _ _ � gTH _ . �ij�� __ a_ �b _ ` ,f^re cr�e, ,
W I S CONS I N County oF S.S. R I CNr :� �� 1 c5 �. > ,: .:; ;'ublic in ;,nd for said
M I LWAUKEE M I LWAUKEE � __ �,,,, ., ;::���. residing thereirt, duly
commissioned and sHOrn. �ersonallti appea�e�; __._#.��._���,�. _.__ — —_ A�
- �._ ;�erson who.e �ame is
�� subccribed to ihe •.t�ithin :ns;ruinent as the ��� r ts i_ _. �-�t ��
• f_�{YLOYERS L11T[' �L LL4B3L[TY
-;:; ,.r�.
[tiSt RAtiCE CO'vfYAtiY" UF :4}SCONSIN
and a�kno�a!edgcd tu me th�t he subscribed the name of c.t1p(_OI�LRS 'Nl.'Tt;.�L L1.-�BIL1?��
� � j �� INSt'R.4NC�£ C'O�iP'1N1� Clf� 11�lSCG'.':�i'v' theretc� a; prn� i�fat, a^d hi+ow�n a�s attorney in ;_ _
�
� � ti�,a "��%�y7 "��.
�� ti���� � � �, �� � fti �1'iTNESS� iG�HE� RE�Ji=. ! h��:� herc�nro set _n�� �'-a�d �nd ;zffixed ��} offi��al ��:. �
_ � � � "-
� ,; .
' �{ ,-, - r, , , '�' " at my office in the �ai<: _,_ .. '"1I L WAUK E E
_.
^ -' �" J; : _ . ___.__ _ " !.. _�_,_.. _.____Nthe �-:;
. . and year in thi� ceitific<it_ ,
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'. , � � � . c. '
� ' ' � , � _ � � � _.__ _ . _ _ _ _.._ _
:. ', ,.• v�`�� Notar� P!jG�i. �� ..:: : _ + _i : - F ,
., . , . • . 3 .. ` . ._ . _.. _ ._ ._ _.... . . .._._ _ . ... .____ .._.,__
• . r_ - �. ,
� '.i�.�i�`` sr;,�eot� WISrrt�IS_Ifa --_
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81S•4216 6-73 11y ,ommi;»nn e�pirc�___._:_.___ � /���� __ _ _ __
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A �
EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the Employers Mutual Liability Insurance Company of Wisconsin, a corporation duly organized and existing
under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon,
State of Wisconsin, has made, constituted and appointed, and does by these presents make, consUtute and appoint_
Lora Reed
its true and lawful attorney-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- -----•----•
and to bind the corporation thereby as fully and to the same extent as if such bonds wece signed by tl�e president,
sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all
that the said attomey-in-fact may do in the premises.
This power of attomey is granted pursuant to the following resolution adopted by the Board of Directors of said
Company at a meeting duly called and held on the 18th day of May, 1973, which resolution is still in effect:
"RESOLVED, that the President and any Vice President --- elective or appointive -- of Employers Mutual Liability
Insurance Company of Wisconsin be, and that each of them hereby is, authorized to execute powers of attomey
qualifying the attomey named in the gi� power of attorney to execute on behalf of Employers Mutual Liability
lnsurance Company of Wisconsin bonds, undertakings and all contracts of suretyship; and that any secretary or
assistant secretary be, and that each or any of them hereby is, authorized to attest the execution of any such power
of attomey, and to attach thereto the seal of Employers Mutual Liability Insurance Company of Wisconsin.
"FURTHER RESOLVED, that the signatures of such officers and the seal of Employers Mutual Liability
Insurance Company of Wisconsin may be affixed to any such power of attorney or to any certificate relating
thereto by facsimile, and any such power of attomey or certificate bearing such facsimile signatures and facsimile
seal shall be valid and binding upon the Employers Mutual Liability Insurance Company of Wisconsin when so
affixed and in the future with respect to any bond, undertaking or conUact of suretyship to whichitisattached."
IN WITNESS WHEREOF, Employers Mutual Liability Insurance Company of Wisconsin has caused these presents to be
sgned by the vice president and attested by its secretary, and its corporate seal to be hereto affixed this lOth
day of June , 19 76
`oQQOaare s'
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:.:.°�', \a
CpNS
EMPLOYERS MUT L L�IT~ YJ�ISURANCE COMPANY OF WISCONSIN
��tL�
By
T. A. Mack
Attest:
� ��
J Karl Asst Secretary
STATE OF WISCONSIN )
) ss.
COUNTY OF MARATHON)
Vice Presideni
On this lOth day of June , 19 �, before me personally came
�'. A. Mack , to me known, who being by me duly sworn, did depose
and say that he is a vice president of the Employers Mutual Liability Insurance Company of Wisconsin, the corporation
described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal and 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.
�'%� °�° c����-
NCY L. OELKE Notary Public
NOTARY PUBLIC
STATE OF WISCONSIN
Niy Commiseion Fapirea Febcwiry �fy 1$7i
CERTIFICATE
STATE OF WISCONSIN )
CITY OF WAUSAll ) ss
COUNTY OF MARaTHON)
I, the undersigned, vice president of Employers Mutual Liability Insurance Company of Wisconsin, a Wisconsin
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 power of attorney is still
� in force.
� Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this�_ day of�_
� , 19 '�.� \ . �f<��6C.�-G
� � i
�o — �6 /�..--
PQORarE s
�° �m ,_ >� H. E. Bliss �ti Vice President
cY��
.+
'SCONS
�+�
� �. �� � CERTIFICATE OF INSURANCE
� - - EMPLOYERS INSURANCE OF WAUSAU
� �.�� _
�:ll 1
This is to certity that the insurance policies (described below by a policy number) written on forms in use by the company have been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy
referred to herein.
) This certificate renews or replaces the certificate previously issued.
Name and address of Insured
�
SUPER �XCAVATa�iS, 1 NC .
�l59 �+li4bf31 B�BQl.1NK AV€.
MENOMON�f F�1llS, Wf 53lJ5�
�
Kind of Coverage f Expiration Date Policy Number
Workmen's
Compensation *
Comprehensive ���
General Liability
Manufacturers' and
ContracTors' Liability
Owners', Landlords'
and Tenants' Liability
Contractual Liability * *
AuTomobile
(� ) Owned
(X ) Hired and
Nonowned
EXCE5S
�
J
Bodily Injur
Each Person Each
Occurrence
•____-__
Limits of Liability
Pro
AggregaTe I Occurrence � Aggregate
__..______..
(1)Producis-CompletedOperations: �]Indoded �Exduded �
j' The entry of a number in this column means That the coverage is offorded by The company designaTed by the same number.
* Unless otherwise indicated, This policy affords full coverage under the Workmen's C ompensation laws of all sfaTes (excepT sTaTes where coverage can be provided only by State
Funds, and Canada) and as designated in the policy and endorsements for Coverage B— Employers' Liability.
** Contractual coverage a4forded applies to: ( ) contracts designated in contract�al coverage part; ( Y) oll written contracts.
Special Provisions: .
Description of Automobile, or,
Locations covered by policies IisTed in this certifiwte: ��`� �" ��i�' �`0�'���`�' �� •'��s4i,, }�ST�LtAT � aN t3f'
�tATER MA f N A�? APPI�TEl�4NT` �iQRK
Not withstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded
by the policy (policies) described above is subject to all of the terms, exclusions and conditions of such policy (policies) during the Term(s) thereof..
Issued to: Issued by: � ) ( 1. ) Employers Mutual Liability Insurance Company of Wisconsin
) ( 2. ) Illinois Employers Insurance of Wausau
' C 1 Tlf UF �SHK45H
OSNKQSH, i� t 5490 �
Date Issued: � _ ��! Plac� � �..���E � �; 53216
R Rep.2 � ��j
Signed
Authorized Company Representative
9-75 PRTD. IN U.S.A. (5) 15-5736
� t �'�
DONOHUE & ASSOCIATES, INC.
� �73B N. 40TN STREFT CONSULT/NG & DES/GN ENG/NEEHS
P. o. aox 4es -rfc. �u - �se-e�n
SHfBOYGAN, Wl 53081 SHEBOYGAN • GREEN BAY • WAUKESHA
July 9, 1976
City of Oshkosh
�' City Hall
�> P. O. Box 1130
Oshkosh, '�lisconsin 54901
Attention: Mr. Jack Schneider
Director of Public Works
Rs: Water Transmission Main
Oshkosh, Wisconsin
Oshkosh Contract No. 76-05
Donohue Project No. 1568
Gentleman:
Pursuant to your Official Notice to Bidders, proposals for the above
referenced construction were received at the City Hall until 10:30 A.M.,
Local Ti.ma, on July 6, 1976, at which time the bids were publicly opened
and read.
Four (4) proposals were received, and this o£fice has prepared a bid
tabulation which is attached for your reference.
The low bid was submitted by Super Excavators, Inc. of Menomonee Falls,
Wisconsin in the amount of $110,136.00.
The second 1ow bid was submitted by Central Contracting Corp. ot Oshkosh,
Wisconsin in the amount of $134,013.20. The high bid, in the amount of
$146,880.00, was submitted by Bahr Construction Co. of Manitowoc, Wisconsin.
Donohue & Associates, Inc. construction cost estimate, prepared prior to
the bid opening, was $180,000.00.
? Following our review of the bid proposals submitted, we wish to advise the
� City of Oshkosh that the low bid submitted by Super Excavators is quite
favorable, and that Supar Excavators are well qualified to perform the work
� under this contract. We therefore recommend that the contract be awarded
�, to Super Excavators, Inc. of Menomonee Falls, Wisconsin, xn the amount of
$110,136.00.
LJ
WASTf WA�ER TREATMfNT • WATER SUPPLY & D/STRIBU�ION SYSTfMS • SOLID WASTE DISPOSAL • REPORTS
/AIP/A1CD�T/)O /1CClCU _ CAAIITADV A. CT/1OA/ c[WCpc . CTRFLTC 1g N//:iIWdY.0 . d/l�PnRT nF_C//,'N . .C//RVFV.S
DONOHUE b ASSOCIATES, INC.
City of Oehkoeh, Wisconsin -2- July 9, 1976
Following your notice of award ot contract, this of£ice will prepare the
necessary contract documents for execution by the Contractor and by the
City of Oshkosh.
Very truly yours,
DO:vOHUE & ASSOCIATES, INC.
By : a�"".1' �1 - �. °�`�
Alfred W. Loth, P.E.
Enc: Bid Tabulation
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