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HomeMy WebLinkAbout82-22/CICH Trucking & Excavating 1 (_),./}}7A CONSTRUCTION CONTRACT �' 2`J v ff l.�!" - THIS AGREEMENT, made on the 7 day of S.ep. e r , 1982 by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and CICH TRUCKING & EXCAVATING of 5095 LavaRue Road, Duluth, Minn. 55811 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. 82-22 - Demolition of buildings on N. Main Street and Marion Road. Pursuant to Resolution #11 adopted by the Oshkosh Common Council on September 16, 1982, 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 $ 28,220.00 , 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 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 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: CON'IRkCTOR • CICH 'UCKING & EXCAVATING -- 9/414 .L%;/ e;) BY: X Ze (re._/6 (Specify Title) (Seal of Contractor if a Corporation) By: (Specify Title) CITY OF OSHKOSH ' `Z-/„ez,/,... ily,/ , , 1„... .4- _ AV t _:-.. 4 - By: _._, - WILLIAM D. FRUEH, City Manager 4/t/ G, � /� C ((% 'CONVERSE . MART S, 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) EDWARD A. NOKES, City Comptroller Approved as to orm': 1631/1 of Am, . ,attixItofizotmott,m2..„,- TOM W. AHRENS, Asst. City Attorney 3 _ r� r� 1<.E'G'a,-t='1;t nn .�}.t., T?-.? •-+ r.� _'.. G v '�•-•L-N 1 _ r! .� ,?f:�J..Z' +J i s_ _." . �,�,� ;��t went.' P 13 10#� Q a�?, _ i * PRESET::: Jack Schnei der, I� aro l ?rargus and representatives of the r t r . .T Constr. firr s of• L. u�n' =kc• a in;;) I�c,, Co and ➢ePruin Wrecking PURPOSE: Demolition of Buildings (Contract 32 - 22) et 15! ?_1 ! . 23 and 27 `a. Main St & 105 Marion Rd. T OFFICIAL NOTICE • BIDDER TOTALS TO CONTRACTORS .v NOTICE iS HEREBY GIVEN that sealed bids will be received uo to 10:30 A.M.C.O.S.T.,September 13, 1982,J. K. Construction - 1 Wisconsin,n room 404,city halo Oshkosh, QnQ QO Wisconsin,for the demolition of build- ings and appurtenant work,at which QSY11 O^a11 time and place all bids will be pub- licly opened and read. CONTRACT 82-22 Demolition of buildings of 15,21, Luvern iii enast ?66,QQQ.'� and 27 North Main Street and 105 Marion Road and appurtenant work. i QS}11CO8$ All bids to be addressed to the City Manager.City.Hall,P.O.Box +' k 1130,Oshkosh, WI 54902,with the name and address of the bidder dis- ., T1 ��,..,, Z;_eG; �.Y) ,,,t CO�. nn 1tindly indicated on.the outside o'the It ■ 1J%-" �"" -. ., ienvelo*e. Also,to clearly indicale r- .,, that h contains a sealed old for"(co p - '•;', -.� trod 82-22—Demolition.'. j Plans and spedfiCOtion• are on _ o-flie in the office of the City Clerk and t L Ly^- Uyr. Excavating)1 Inc.- " $4-1.4.QQ JQ 'thheedin the Engineer and may be exam ,i • Fond Du Lac Plans and the Ci City Clerk con be secured from the City Clerk or City•Engineer of the City.of Oshkosh,Wis- consin.A deposit of ten (110,00)dol- Tr Trucking rxG �r ^ ^n tars will be required for each set of Cich g •CQ plans and specifications,This deposit t Mn C�`" !?2Q will be returned to bidders who re- turn the plans and specifications in i good condition not more than three ,- (3)days after bids are opened. f The minimum wage scale to be Respe t 'u_ly Su:nr:"�.t ed paid on said protect by the Contras ; for is on file in the office of the City, Q, ;., t,... - __ Clerk,as prescribed by State Sto- /��_ .,c l� U✓" lutes. r gus " • Sealed bids must be accompanied }i2.r0 �- �• "-�-r� ; by a Certified check or bid bond sm. 4 Pe ?1117 City Clerk sn1ehan the amoun ofnotlessthan5% City guarn tee)that If the bond idis oc t ijj)}.-Th , ' seated,bidder will execute and tilt proper contract and bond within ten �) (10)days after the award of the con • I ' trod. ,j �,00 No bid shall be withdrawn for a -t A I(/ Period h d of thirty ope days after the I•i{{'/,N schedule time of opening bids. ,, The City reservs the right to re )ect any and all bids and to waive .L any Informalities. CA)fr.) i\V WILLIAM tv-Monop" Published Aug.2631,1911 1 ' 4 I ' 1 3 , 1 l' k i r - Bond No 8109046 PERFORMANCE & PAYMENT BONO KNOW ALL MEN BY THESE PRESENTS: That, Cich Trucking & Excavating 5095 Lavaque Road Duluth, MN 55811 • as Principal, hereinafter called the Principal, and THE AMERICAN DRUGGISTS' INSURANCE COMPANY a corporation organized and existing under the laws of the State of Ohio with its principal office in Cincinnati, OH 45241 . as Surety, hereinafter called the Surety, are held and firmly bound unto City of Oshkosh 215 Church Ave. Oshkosh, WI 54902 as Obligee, hereinafter called the Obligee, in the just and full sum of Twenty—Eight Thousand Two Hundred Twenty and 00/100 ($28,220.00). Dollars, to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, 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 20th day of October 19 82 44 public works contract 82-22 demolition of building on No. Main Street and Marion Road • 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 forwarded 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 20th day of October A• n. 19 82 Cich Trucking & Excavating BY: (Seal) Principal THE AMERICAN DRUGGISTS` INSURANCE COMPANY Surely e Thomas . Fairf -ld Attorney—in—Fact 1. Ittzlc., '"! ARMCO V AMERICAN DRUGGISTS' INSURANCE COMPANY P.O Box 41715, Cincinnati, Ohio 45241,Telephone 513-530-8100 BID BOND KNOW ALL MEN BY THESE PRESENTS, That We, Cich Trucking & Excavating 5095 Lavague Road of Duluth, Minnesota , as Principal, and THE AMERICAN DRUGGISTS' INSURANCE COMPANY of Cincinnati, Ohio, as Surety, an Ohio corporation duly licensed to do business in the State of Wisconsin , are held and firmly bound unto City of OshKoch, Wisconsin , as Obligee, Five percent (5%) of bid amount not to exceed in the penal sum of Ten Thousand 00/100 Dollars ($ 10,000 ), for the payment of which the Principal and Surety bind themselves, their heirs, executors, ad- ministrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted, or is about to submit, a proposal or bid to the Obligee on a contract for Project#82-22 Demolition of Downtown Buildings NOW, THEREFORE, if the aforesaid principal shall be awarded the contract, the said prin- cipal will within the period specified therefore,or, if no period be specified, within ten (10) days _ after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void,otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and amount for which the obligee may legally contract with another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT OF THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety withing ninety (90) days after the acceptance of said bid of the Principal by the Obligee. SIGNED, SEALED AND DATED this 13thday of September l 9 82 Cich Trucking & Excavating Principal 1 < By: ...... - .4r. . - - THE AMERICAN DRUGGISTS' INSURANCE co. By:/L t-0. �/d Attorney-in-Fact SUR-101 Ronald L. Risdon s , POWER OF ATTORNEY POWER NUMBER y AMERICAN DRUGGISTS' INSURANCE COMPANY SP N9 8115839 P.O. Box 41715,Cincinnati,Ohio 45241 KNOW ALL MEN BY THESE PRESENTS THE AMERICAN DRUGGISTS' INSURANCE COMPANY,a corporation duly organized under the laws of the State of Ohio, and having its general office in the city of Cincinnati,State of Ohio,has made,constituted and appointed,and does by these presents,make,constitute and appoint Thomas H. Fairfield, George M. Hock, or Ronald L. Risdon of Minneapolis, Minnesota its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign and deliver in its behalf as Surety,any and all kinds of Surety Bonds,except as limited hereon,and to bind THE AMERICAN DRUGGISTS'INSURANCE COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of THE AMERICAN DRUGGISTS' INSURANCE COMPANY and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, provided that the liability of the Company as surety on any such bond executed under this authority shall not exceed One Hundred Fifty Thousand Dollars THIS POWER VOID IF ALTERED OR ERASED OR IF POWER NUMBER IS NOT IN BLUE INK. (This power does not authorize the execution of bonds for loan, financial or bank guarantees.) The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. THE AMERICAN DRUGGISTS' INSURANCE COMPANY further certifies that the following is a true and exact copy of a resolution of the Board of Directors of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, duly adopted and now in force,to wit: All Bonds of the corporation shall be executed in the corporate name of the Company by the President, any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, or any Assistant Secretary may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds in the name of the Company. All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of January 1 , 19 83 ,but until such time shall be irrevocable and in full force and effect. IN WITNESS WHEREOF, the said THE AMERICAN DRU \L/STS' INSURANCE COMPANY has caused these presents to be execut- ed by its officer,with its corporate seal affixed,this date of f�._JE 1 6 , 19 THE AMERICAN DRUGGISTS'INSURANCE COMPANY -? .,..,)„0Kq4;. ,, :_,,• 1106 e..Ni %Z';tE.11. r.:i5 ...„.L........ 3 . di...4, By STATE OF OHIO ) President COUNTY OF HAMILTON ) SS: On thi'- 417fat l / , 19 , before me, a Notary Public, personally appeared Gordon M. Barker who being by me duly swo , acknowledged that he signed the above Power-of-Attorney as an officer of the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY and acknowledged said instrument to be the voluntary act and deed of the corporation. My commission expires: January 15, 1985. ,..` OAL ,,,, /titrtold, i idotC1147.&., sky`\\ //�'�% =* '? Notary Public '.... -of If you have any questions concerning this power call 513-530-8100 for verification.