HomeMy WebLinkAboutEd Tesch/Zoo 1979 CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the /�" day of (../t �, . Q , 1979,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and ED TESCH CONTRACTOR & BUTTr1FR
of 1847 Oregon Street, Oshkosh, Wisconsin 54901
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 :
CONTRACT 79-01 - ZOO BUILDING ADDITION AT MENCMINEE PARK
Pursuant to Resolution #29 adopted by the Oshkosh Common Council on April 5, 1979.
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 $21,670.00 , 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: CONTRACTOR
�j�( ED TESCH CONTRACTOR & BUILDER
CAVA) (Specify Title)
(Seal of Contractor
if a Corporation) By:
(Specify Title)
CITY OF OSH OSH
AILLI D. FRUEH, City Manager
--
L211- CON C. MA KS, +Jo/ le rk
I certify that provisions have been made to
pay the liability that will accrue to the
City of Oshkosh under the within contract. (Seal of City)
_0,,elL c&) c .v
DEL--EaMAREHE, City Comptroller
Approved as to formm :
Tllr�T ,,� _�_.....s
40HiNi-� PENeE City torney
Q ss r s?1,-f
- 3
- ` #- CERTIFICATE OF INSURANCE
EMPLOYERS INSURANCE OF WAUSAU
This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy
referred to herein. •
( X ) This certificate renews or replaces the certificate previously issued.
Name and address of Insured
EDWIN TES CH
1847 OREGON ST .
OSHKOSH, WI 54901
L_ J
Kind of Coverage t Expiration Date Polity Number Limits of Liability
Bodily Injury Property Damage
Workmen's
Ech Compensation* 1 5 1 79 0119 0 0 063343 Each Persona Occurrence Aggregate Occurrence Aggregate
Comprehensive
General Liability A) 1 5 1 79 0129 00 063343 ' ;'` 500, 000 5,00, 000 10:0, 0.00 100, 000
Manufacturers'and
Contractors'Liability _
Owners',Landlords'
and Tenants'Liability 7 _ 1
Contractual Liability ' ".)
Automobile
r
(X )Owned 1 5 1 79 0129 00 063343 300, 000 500, 000 2-50 ,000
(X )Hired and + i
Nonowned
•
(1)Products-Completed Operations: g] Included 1 Excluded
t The entry of a number in this column means that the coverage is afforded by the company designated by the some number.
* Unless otherwise indicated,this policy of fords full coverage under the Workmen's Compensation laws of all states(except states where coverage can be provided only by State
Funds, and Canada) and as designated in the policy and endorsements for Coveroge B—Employers'Liability.
* * Contractual coverage afforded applies to ( )contracts designated in contractual coverage part;( )all written contracts.
Special Provisions: (A) IT IS AGREED THAT SUCH INSURANCE AS THIS POLICY AFFORDS WITH RESPECT
TO OPERATIONS CONDUCTED BY THE NAMED INSURED UNDER PERMIT FROM THE CITY OF
OSHKOSH, PURSUANT TO ORDINANCES REGULATING TEARING UP, OBSTRUCTING OR USING THE
STREET FOR CONSTRUCTION PURPOSES, APPLIES ALSO TO THE CITY OF OSHKOSH, AS AN
INSURED.
Description of Automobile,or,
Locations covered by policies listed in this certificate: OSHKOSH, WI
Not withstanding 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 policy(policies) described above is subject to all of the terms, exclusions and con ditions of such policy(policies)during the term(s)thereof.
Issued to: Issued by: (X ) ( 1. ) Employers Mutual Liability Insurance Company of Wisconsin
( ) ( 2. ) Illinois Employers Insurance of Wausau
• CITY OF OSHKOSH
Dote Issued: 4 11 78 Place WAUSAU, WI 54401
215 CHURCH AVE . R. OSH,W Rep. 27
OSHKOSH, WI 54901
ATTN : C .C . MARKS, CITY CLERK
• �1
Signed
Authorized Company Representative {"�
9-75*SSD.INUS.A (5) 15-5736 ,•
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