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Home My WebLink AboutPW CNT 89-21 CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 16th day of June, 1989, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and STATEWIDE RAZING of 7360 Blake Road, Greenleaf, WI 54126 , party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consid- eration 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. 89-21 for demolition of 111 Otter Avenue and 735 West 6th Avenue, Oshkosh, WI , pursuant to Resolution #147 adopted by the Common Council of the City of Oshkosh on 15th day of June, 1989, 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 con- tract the sum of (111 Otter Ave. - $17, 000. 00 ; 735 W. 6th Ave. - $3,900. 00) , adjusted by any changes as provided the General 1 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 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 enumer- ated 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 "Con- tractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused 2 this contract to be sealed with its corporate seal and to be sub- scribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR CSTATEWIDE RAZING By: .` .. 11 .A. .. 73?'"?..1--71../ e,e.--6 zii...--a gl f4.(/ii/L-' (Seal of Contractor (Specify Title) if a Corporation. ) BY: 142,-A2_, (Specify Title) CITY AF OSHKOS �` t T �'��Q J William D. Fruerf, City Manager JO/ 6 (Witne( 0 11 And: 464" / 4/ . ,1 i4 l.,�_ tness) Donna C. Serwas, City C er APP VED: I hereby certify that the necessary pro- visions have been made to pay the lia- bility which will accrue under this con- 1 i ® tract. C1. yf •o ney '7 �f l�,�c.�_�T �L ll�i�e,c-� City Comptroller 3 Bond # 01897904 GPA 3021 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that SttPw,rip Razi ng Contractor, as principal, and Transamerica Premier Tnsurancn Company as surety are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner , in the sum of Twenty Thousand Nine Hundred & 00/100 (Dollars) ($ 20,900.00 ) to be paid to the Owner for which payment well and truly to be made we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns firmly to these presents . THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that WHEREAS, the said Statewide Razing did, on the day of , by articles that date, enter into a contract with the Owner for the Contract 89-21, Demolish 111 Otter Avenue and 735 West 6th Avenue NOW, THEREFORE, if the said Contractor shall save and hold harmless the said Owner from all Public Liability and Damages of every description in connection therewith, shall well and faithfully in all things fulfill the said contract, according to all the conditions and stipulations therein contained, in all respects, and shall save and hold harmless the said Owner from and against all liens and claims of every description in connection therewith, including payment for all materials, labor and equipment, then this obligation shall be void and of no effect, but otherwise, it shall remain in full force and virtue, and in the event that the said Owner shall extend the time for completion of the work or otherwise modify elements of the contract in accordance with provisions thereof, such extensions of time or modifications of the contract shall not in any way release the sureties of this bond . 1 WITNESS OUR HANDS AND SEALS this 29 DAY OF June . 19 89. In the Presence of: Statewide Razing (SEAL) i ateaJJY- 5)wA) / ek '. ,--,-A-/tE.-- (SEAL) Principal I ''-,,,, , . , --),'. : (9',,k \‘ -.) Transamerica Premier Ins. Co. (SEAL) 1 -,/.--- fed2:-- ,f. ' &_.2,1_0_ r , i i j ) i A-c /,..., -./ (SEAL) t .(; Su ,ty • 2 _._. T �r811$8111 @��t'i8 Transamerica Premier Insurance Company Insurance Services Administrative Office.Orange,California • GPA N° 3021 Power Of Attorney valid only if numbered in red. General Power of Attorney Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office?n Orange, Orange County, California, does by these presents make, constitute and appoint SIDNEY ROTHSTEIN of Morton Grove and State of Illinois and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and its deliver CONTRACT BONDS (S.B.A. Guarantee Agreement) — MAXIMUM PENALTY S250.000.00 ' "THIS POWER_ OF ATTORNEY SHALL TERMINATE AND RE OF NO FURTHER EFFECT AFTER DFrFMBER 31 , 1989" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance Company has causedithese presents to be signed by its President December and its corporate seal to be hereto affixed this 1st day of A.D., 19 88 . 1ER INs& o TRANSAMERICA P• MIER INSURA�-,E COMP'NY .. INCORPORATED n By i `� ` `4 ' State of California t— CC JULY 1, 1941 - / ss.: County of Orange lif CALIFORNIA On this 1st day of December in the year 19R8 , before me Joan M. Wynn , a notary public, personally appeared Jack M. Trapp , personally known to me to be the person who executed the within instrument as President , on behalf of the corporation therein named and acknowle.,•, ,r• U- ,. 1 ., •., . . - • Q."q , �� OFFICIAL SEAL I '-�.�' .A JOAN M. YNN-� �' NOTARY PUBLIC CALIFORNIA-' 'riv S L .,.ti PRINCIPAL OFFICE IN �-�C_ �� • �� \''',"" ORANGE COUNTY MY COMMISSION EXPIRES OCT. 12, 1991 NOt6ry Public I, the undersigned ecretary of Transamerica Premier Insurance Company hereby certify that the above and foregoing is a full, true an correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, this 29th day of June 19 89, ot. k ,..e THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO. 01897904 Secretary 300248 5-88