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HomeMy WebLinkAboutPW CNT 89-28 CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 22nd day of September, 1989, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and STATEWIDE RAZING, of Route 1, Box 272 , 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. 89-28 for demolition of buildings, 106 N. Main Street and 111 State Street , pursuant to Resolution 287 adopted by the Common Council of the City of Oshkosh on 21st day of September, 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 35, 000. 00, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon 1 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) Provress 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 this contract to be sealed with its corporate seal and to be sub- 2 • 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 STATEWIDE RAZING By: 6Y A;\. �C (Seal of Contractor (Specify Title) if a Corporation. ) By: '2— --- -*_t G' 14 A/4 (Specify Title) CITY 01 OSHKO H 1 i By //e'1Z,c zai Wi 1 -e' /Z, D. rueh City Manager � � �. � Y g (Witnes ) f 1 090 And: t" t Y ) i/ /1)1024)L? i (Witness) Donna C. Serwas, City Clerk APPrED: I hereby certify that the necessary pro- v1 I ( isions have been made to pay the lia- bility which will accrue under this con- tract. City ttor ey t a � � . City Comptroller 3 Bond # 01898218 GPA 3219 PERFORMANCE & PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That. Statewide Razing Route 1, Box 272, Greenleaf, Wisconsin 54126 as Principal, hereinafter called the Principal, and Transamerica Premier Insurance Company a corporation organized and existing under the laws of the State of California with its principal office in Orange, California as Surety, hereinafter called the Surety, are held and firmly bound unto City of Oshkosh Oshkosh, Wisconsin as Obligee, hereinafter called the Obligee, in the just and full sum of Thirty Five Thousand & 00/100 $35,000.00 Doars to the payment of which sum, well and truly to be made, the said Principal and Surety bind themsellves., their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has entered into a certain written contract with the Obligee, dated the 22nd day of September 19 89 to Public Works Contract 89-28 Demolition of Buildings, 106 N. Main Street and 111 State Street Now, Therefore, the condition of this obligation is such that, if the Principal shall faithfully perform all of the obligations of the Principal under the contract, and shall fully indemnify and save harmless the Obligee from all cost and damage which the Obligee may suffer by reason of the failure of the Principal so to do and shall fully reimburse and repay the Obligee all reasonable outlays and expense which the Obligee may incur by reason of such failure; and shall pay all persons who have contracts directly with the Principal for labor or materials in the performance of this contract, subject to the Obligee's priority, then this obligation shall be null and void, otherwise it shall remain.in full force and effect. The foregoing obligation, however, is limited by the following express conditions, the performance of each of which shall be a condition precedent to any right of claim or recovery hereunder: 1. In the event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be given by the Obligee to the Surety as promptly as possible after such default has become known to the Obligee, and shall be fo•wardc,l by registered mail to the Surety as its Home Office. 2. If the Principal shall fail to comply with the provisions of the contract to such an extent that the con- tract shall be forfeited, the Surety will have the right and opportunity to assume the remainder of the contract and at its option to perform or sublet the same. 3, No action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve (12) months after completion of the work specified in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within three (3) months from the expiration of the maintenance period, but not afterwards. Signed and sealed this 6th day of October A. D. 19 89 Statewide Razing ............. Principal Transameric Premier...Ii1,sur.ance...Cgmpaza�t.(Seal) uecry „ By . � ... v T Transamerica Insurance Services Transamerica Premier Insurance Company Administrative Office:Orange,California N° 3219 GPA 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 Lii inois its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRA :SND. Z ' . . ■ • -- 4. 4i11, • - 614* ul lu '2I■ Y 1 111 11 • • "THIS POWER OF ATTORNEY SHALL TERMINATE; AND RE OF NO FURTHER EFFECT AFTER DECEMBER 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 Pretatier Insurance Company has caused.These presents to be signed by its President and its corporate seal to be hereto affixed this 1 st day of December , A.D., 19 88 1ER /HS,0 MVP '44 4� � �, TRANSAMERICA P' MIER INSURA�E COMP'NY Q o QINCORPORATED n By __ ■ I ...r__..c... cc State of California t— JULY 1, 1941 < ss.: County of Orange * * CALIFOft1P On this 1st day of December , in the year 1988 , 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 acknowlelA.0 A ,1' ,. ,' I ,, -.,_'. .:... I /„.,;-.:76t,,,:, OFFICIAL SEAL ^.r, JOAN M. WYNN l i'''',7'!7-7-I, NOTARY PUBLIC CALIFORNIA \ )s..._,_ _,_ ix 1�, ��"\.,1 rt PRINCIPAL OFFICE IN ` �' ORANGE COUNTY NO ry Public MY COMMISSION EXPIRES OCT. 12, 1991 • I, the undersigned Fcretary 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 6th day of October , 19 89 _. t ce_ THIS POWER OF ATTORNEY EFFECTIVE ONLY IF A ATTACHED TO BOND NO. 01898218 Secretary 30024B 5-88 A1:1O1:I1. CERTIFICATE OF INSURANCE ISSUE DATE(ML/DD/(Y'Y) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY I1AND JJCONFERS Insurance Marketing Concepts, Inc, NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, 2929 S. Ridge Road EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Box 10737 COMPANIES AFFORDING COVERAGE Green Bay, WI 54307-0737 MPANY A TER Scottsdale Insurance Co. CODE SUB-CODE p ltj 11 r• PANY B 1 INSURED ER Threshermen s Mutual Insurance Co. D •, ANY G. Statewide Razing Co. �,e+l' - 9 Badger State Mutual Insurance Co. Route #1 1ri'' s ��f,0 NY D C� �� Greenleaf, WI 54126 , �K COMPANY LETTER E COVERAGES '..°_._..,�...__. ,... ..____....,_..._._ __w._.._ . u._"��_ �.�...._._._w_._. ...�...._...,._. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 500 X COMMERCIAL GENERAL LIABILITY pp PRODUCTS-COMP/OPS AGGREGATE $ 500 CLAIMS MADE X OCCUR. New Issue 10-9-89 11-22-89 PERSONAL&ADVERTISING INJURY $ A OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 500 FIRE DAMAGE(Any one fire) $ MEDICAL EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED ANY AUTO LIM TLE $ 500 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS p (Per person) C HIRED AUTOS A016280 5-30-89 5-30-90 BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION $ 100 (EACH ACCIDENT) AND B $ 500 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY VT-871710-02 4-24-89 4-24-90 $ 100 (DISEASE—EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Porject: Demolition of buildings located at: 106 N. Main Street and 111 State Street CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Oshkosh EXPIRA1IQN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Oshkosh, WI 54901 MAIL (lJ1 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABI 'NY KIND UP'.N THE COMPANY, ITS AGENTS OR REPRESENTATIVES. A HO' i D REP'ESE E ©ACORD CORPORATION 1988 ACORD 25-S(3/88) ,y