HomeMy WebLinkAboutPW CNT 84-08/Colon Wallace Construction CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 24th day of April , 19 84 ,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and COLON WALLACE CONSTRUCTION INC.
of Berlin , Wisconsin
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: 84-08 for renovation of Menominee Park Garage (former
Rifle Range Building) , pursuant to Resolution #9 adopted by the Oshkosh Common
Council on April 19, 1984,
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 $ 13,380.00 , 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 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
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 .
•
- 2 -
IN WITNESS II?I' 'OF, 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
COLON WAL E CONSTRUCTION INC.
UG+M-r 2- e `// /,
o /!c.e;ex��� By: / /
I - -
(Specify Title)
(Seal of Contractor — � �����-P
if a Corporation) By: ef.'� . G
elet-tc-t,,-.4,-- .jz&A-7.,_
(Specif y Title)
CITY OF OSHKOSH
":1%- --e- 27/Z.<- g'!4
7 W LIAM D. FRUEH, , ity Manager
4 / /
DONNA C. SERWAS , City Clerk
I certify that provisions have been made to
pay the liability that will accrue to the
Ci of Oshkosh under the within contract. (Seal of City)
„0_,....k! aki - I..,,_..,_.,,,
EDWARD A. NOKES, City Comptroller
Approved as to OT
_ ' 4 All
WARREN P. KRAFT, Asst. City Attorney
- 3 -
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that COLON WALLACE CONSTRUCTION, INC.
Contractor, as principal, and SENTRY INSURANCE A
MUTUAL COMPANY as surety are held and firmly bound u :h
CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of THIRTEEN THOUSAND n�E- ori\ )D EIGHTY
bo ars
AND NO/l000 13,380.00 ) 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 CONTRACTOR did, on the
24TH day of APRIL 84 , by articles
that date, enter into a contract with the Owner for the
PUBLIC WORKc CnNTRPCT N(1 84-08 for renovatian of MPnpmiDPP Park rararIe
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.
WITNESS OUR HANDS AND SEALS this 2ND DAY OF MAY ,I9 84 .
In the Presence of
27"4- a- �'h tvz/J f.ni i ACE r0 rrI0r INr(sEAL)
� C�?c, (SEAL.)
rincipal
f
7AI a . <sf' � ) SENTRY INSURANCE A MUTUAL COM)t YL)
er;cd-rt'..-1aa" _ 0__ / ,.,. L(SEAL;)
=
SENTRY INSURANCE A MUTUAL COMPANY N° 9 5 217
STEVENS POINT, WISCONSIN
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the SENTRY INSURANCE A MUTUAL COMPANY, a corporation of the State of Wisconsin, having
its principal offices in the city of Stevens Point, Wisconsin, pursuant to authority granted by a resolution of its
Board of Directors adopted May 7, 1970, which reads as follows:
The President, the Vice President, or the Treasurer of this Corporation shall have authority to appoint in
writing such attorneys-in-fact as the business of the Corporation may require, and to authorize such attorneys-in-
fact, and each of them to execute on behalf of the Corporation, any bonds, recognizances, stipulations, contracts
of indemnity and other undertakings of like character, or to exercise any lesser number of
said powers as hereinbefore set forth.
"Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under
its seal. The signature of the Secretary or any Assistant Secretary to certified copies of such powers of attorney
may be original or facsimile,and when the corporate seal is affixed thereto,any third party may rely on said certified
copies of powers of attorney as the act and deed of this Corporation.The President,the Vice President,or Treasurer
may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such
appointment;"
does hereby nominate, constitute and appoint
LYLE BECKER, ROBERT ERDMAN AND BETTY CONACHEN ALL OF STEVENS POINT, WISCONSIN
its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,as surety,and as its act
Al�4 c'Ni�"ALL BONDS OR UNDERTAKINGS WITHOUT LIMITATION
IN WITNESS WHEREOF,SENTRY INSURANCE A MUTUAL COMPANY of Stevens Point,Wisconsin,has caused
these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this
23rd 75
day of JULY 19
SENTRY INSURANCE A MUTUAL COMPANY
s4 OItP0Rg1-•A
1 9 13 President
sin•........... al404j1W:c
Secretary
STATE OF WISCONSIN, COUNTY OF PORTAGE -ss
On this 23rd day of JULY A.D., 19 75 ,personally came before me John W Joanis
and Caroline E.Fribance,to me known to be the individuals and officers of the SENTRY INSURANCE A MUTUAL
COMPANY of Stevens Point, Wisconsin, who executed the above instrument, and they each acknowledged the
execution of the same,and being by me duly sworn, did severally depose and say:that they are the said officers of
the corporation aforesaid and the seal affixed to the above instrument is the seal of the corporation,and that said
corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority of the Board of Directors of said corporation.
`R P
�1 C/
l o NOTARY sC D L7 C1 vYLei
PUBLIC Notary Public
'Ite Co•44'. Commission Expires
Oct. 11, 1987
CERTIFICATE
I, the undersigned, secretary of the SENTRY INSURANCE A MUTUAL COMPANY of Stevens Point,
Wisconsin, a Wisconsin corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in
full force and has not been revoked, and furthermore that the provisions of the By-Laws of the company and the
Resolutions of the Board of Directors set forth in the Power of Attorney, are still in force.
Signed and sealed at the City of STEVENS POINT this 2ND day of MAY 19 .„ 84
....1
Ob4a
(SEAL) Secretary
80-2136A S25C2-84
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