HomeMy WebLinkAboutPWT CNT 83-15/Van Construction CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 7th day of October , 19 83 ,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and VAN CONSTRUCTION
of Wri•htstown, WI
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. 83-15
for renovation of park buildings pursuant to resolution #14 adopted by the Oshkosh
Common Council on October 6, 1983,
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 $ 3 579.00 , 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 .
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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 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
VAN CONSTRUCTION
.c. ! 4M/1,i wo.P. , r•+i By: , , (/ ✓ 4//'`1.r� /� - .l�i✓.
J
Cel '
Specify Title)
(Seal of Contractor
if a Corporation) By:
(Specify Title)
/
CITY OF OSHKO. '
•
By: G/4,L. / -
WILLIAM D. FRUEH, 'ty Manager
BY: 4 `lt`1 -e_-. - ' • 4.. .�:, .t
..1 ity Clerk J
I certify that provisions have been made to
pay the liability that will accrue to the
Ci
t?.,&k..of Oshkosh under the within contract. (Seal of City)
d"U--O -� ftt9-
EDWARD A. NOKES-, City Comptroller
Approved as to f//or��m'
UY-,-
, RMNxkx r Iii'u gityM'", 4 X'iw
TOM W. AHRENS, Asst. City Attorney
- 3 -
PERFORMANCE BOND
QKNC ,4Li2 N BY THESE PRESENTS, that Van' s Construction Company,
rlgh S own. WI 5418(xontractor, as principal, and Fidelity & fPpnsit
Company of Maryland as surety are held and firmly bound unto the
CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of $35,579 (Dollars)
($ 35,579 ) 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 present:).�
THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that ,
OCT 3 1 1983
•
WHEREAS, the said Principal dLrir2�.
28th. day of October , 198 C �'Lno'=
that date, enter into a contract with the Owner for the
Remodeling of Two Park Bathrooms - City of Oshkosh, WT
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 28th. DAY OF October
In the Presence of:
�,c QJ /"C�/ ��i�✓'7 :v �� �i („ EAL)
//�� Van Den Elsen
a G-eneO (/Cb cJ � �'��( t/ (SEAL)
Principal
(SEAL)
Fidelity,: Deposit Co. (SEAL)
urety of Maryland
by ///,„
C.
William J. /j nssen
Attorney-in-Fact
Power of Attorney - .
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE,BALTIMORE,MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the
State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS
Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which
reads as follows:
"The Chairman of the Board, or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents
specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary
or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the
Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances,
stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of
mortgages,... and to affix the seal of the Company thereto."
does hereby nominate constitute and appoint Robert N. Hartjes, William J. Janssen, Joseph
F. Walsh and Grace Willey, all of Little Chute, Wisconsin, EACH
its true an, awful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as
its act and deed: any and all bonds and undertakings, each in a penalty not to exceed
the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000)
• n. t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the
regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of Robert N. Hartjes, etal,
dated, October 13, 1976 and on behalf of Robert N. Hartjes, etal, dated, November
7, 1977.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is
now in force.
IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day
of Jule , A.D. 19....$3..
Vu,:SEAL 40 s,c FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST: 04:41
(1.� .f�
T
W BY.Mi•� By
Assistant Secretary Vice-President
STATE OF MARYLAND l Ss:
CITY OF BALTIMORE ,
On this 23rd day of June ,A.D.19 83 ,before the subscriber,a Notary Public of the State of Maryland,in
and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,
and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are
the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the
said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year fir above written.
_
4../4....1--"N\4.04,�
r NOT�IIy'l1 '
\'..;411,-.:_;';',4.i P����cr+a Notary Public Co ' ' on Expires..July..1.,...19E6.
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of .
Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the
Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to
appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July,1969.
RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or
hereafter,wherever appearing upon a certified copy of any tower of attorney issued by the Company,shall be valid and binding upon the Company
with the same force and effect as though manually affixed.'
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this day
of , 19
LI428.-01. 184-4098 - Assistant Secretary
FOR YOUR PROTECTION LOOK FOR 'FI IE F&D \VXl'ERy1.1RK
IIREsoLviION #14
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