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Home My WebLink About28334 / 76-16— �- - --- - — - — - �ugust 5, 1975 � 16 RESOLUTTON k ._ . _ . . . . _K._..... ._ . .. . . . fi . . . _ . . .... .. WHEREAS, the City e£ OsY�kosh has hEr�tafor.e advert:i.sed far bids for Contract 76-16, i�ater �'eeder Main, ��r,d WHEREA�, upon the o�ening and �abu]�atzoz� of bids, i� appE�zr.s that the following is the lowest az�d most ad�antageous bid: i...�e iluili�vT�i9 iRV��... ��JU l�'i�i•JV � ! 4� / Box 133 Ber°l:in, Wiscan�ir� 54923 NOW, THEREFQRE � BE I�t' RE��LVED b� ti��e Cariunt�n Council of the City of Oshkosh that the �aid bid is hereby �ccepted and the p�oper City offi�ials are her�lay authori�ed and dir�cteci �to enter inta an appropriate agreemerit for the pur�rse of sariif�, a],l according ta plans, specifi.cations, anc� bid oi�. file� �ioney for thi.s �urpose ?s hereby apprapriated from Account Number 810 701, Water Uti.lity Fund, all within the 1976 Budget. -- 19 - S:�t�hrT : ..: .. .. :� .�.��'��'.. .-.-_ :'�� v� . ",,, � � --�-- __�:..� w°:. _..,.,. °�.��-� r . � � r_� I � r �. . + � C �-� T � CONSTRUCTION CONTRACT THIS AGREEMENT, made on the � day of , 19 7�, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and �� °. K?!LLrP�, Z�i!'. -- `?ri� '_?3, of ��zli,n. t+�i.�xr,qz��1n a4��► � party of the second part, hereinafter referred to as the CONTR.ACTOR, 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: PC'�LiC' �C��CS Ct?tdTR�C� 76 M16 - in�tr�llation caP t�at�►r �'��-��r �x�i� xnd a��aurter�ant war�C A�prov�� by �esolutian �16 0� �u�ust 5, i9T6 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 sha11 be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor's proposal. ARTICLE TII.""PAYMENT. . e (a) The Contract Sum. The City shall pay to �i�e.��n�actor for the performance of the contract the sum of $ , adjusted by any changes as provide in t e enera on itions, 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 th� tutal 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 co�plete 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 CZTY 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. Contr'actor'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 WHIItEOF, 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 cotmtersigned by the Comptroller of said City, and the party of the second part her heretm.to set its, his or their hand and seal the day and year first above written. In the pr ce of: � By: ' (Seal of Contractor if a Corporation) I certify that provisions have been ma.de to pay the liability that will accrue to the City of Oshkosh under the within contract. � a �%G�w DEL L , City omptroller - 3 - .��:�w��: �'�,,� � � ��- �-��_--- 7 � '-�' -�" � . ji. � ,�,, peci y Title �: i �-� �� ,�� -, �� ; : Speci Title� l CITY OF OSHKOSI-�� BY : �_ WILLIAM D. FRUEH, Cit.y Manager By: � C E C. , 'ty lerk (Seal of City) .r . KNOW ALL MEN BY THESE PRESENTS: T�,r, C. F. KALUPA, ZNC. Duplicate of A.I.A. Form A311 Feb. 1970 Edition OO � FIREMAA['S FUND PERFORMANCE BOND � (Here insert full name and address or legal title of Contractor) P. 0. Box 133, Berlin, Wisconsin 5�+923 as Principal, hereinafter called Contractor, and T�E AMERICAN INSURANCE COMPANY� 3333 N. Mayfair Road� (Here insert ful] name and address or lega] title of Surety) �auwatosa� YJisconsin 53222 , as Surety, hereinafter called Surety, are held and firmly bound unto CtTY OF OSHKOSH, ialSCAAiSIPI (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Ninet� EiRht Thousand 5even xundred Forty Four & 50/100 — — Dollars($ 98,?44.50 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for Public Works Contract 76-1b — Irlstallation of Water Feeder Main and appurt�n�ant work in accordance with drawings and specifications prepared by. --- (Here insert full name and address or legal title of Arehitect) which contract is by reference made a part hereof, cmd is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest respon- sible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion csranged under this p�agraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and dcunages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paiagraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of fwo (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this $th day of Septembex' A.D. 19� itness) ��'.z'/%/ � ��/%� �� (Witness) 360532-6-70 C. F. KALUPA, IN�. f (Principal) (Seal) B�� :%' � � � L.L G� �. '"f� _ �; �� ._... .� (Tlti�' THE AMII�IGAN INSURANCE COMPANY , (Surety) (Seal) sy �.�J �%� � Attorney-in-Fact ,,.�.,.. o.�,� FIREMAr['S FUA[D LABOR � MATERIAL PAYMENT BOND . THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: Thn+ C. F. KALUPA, INC. (Here insert full name and address or legal title of Contractor) P. 0. Box 133, Berlin, Wisconsin 54923 as Principal, hereinafter called Principal, and `I'� At�ERICAN INSURANCE COMPAAIY. 3333 N• Mavfair Road. (Here insert full name and address or legal title of Surety) ddauwatosa� �'isconsin 53�22 as Suret hereinafter called Surety, are held and firmly bound unto CITY OF OSHKOSH, WISC(�JNSIN (Here insert fu11 name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in 1}e amount of Ninety Eight Thousand Seven Hundred Forty Four & 5p/100 -- Dollars ($ 98+7�'+•5� ), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a contract with Owner for Pub1iC ih`orks ContY'sCt %-1 - Installation of �'ater eeder Main and Appurtenant Work in accordance with drawings and specifications prepared by (Here insert full name and address or legal title oE Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obli- gation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shail have given written notice to any two of the follow- ing: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the pcsty to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the tran�action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any pcut thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, in- clusive of the pctyment by Surety of inechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed an September A.D. 19 76 C. �'. KALUPA, INC. (Principal) (Seal) (Title) THE AMERICAN INSURANCE (�MPANY ��Ayt. ,/% ��, rn (Surety) (Seal) (/ tIt/ X i// ///''' (Witness) � �� 360533-6-70 By , Attorney-in-Fact �ii'�' °""s'�^�"+'�,��:z aFy:« w:',: � � ��; i T'j` i� ; � � � ! � � � � 9� � � � � � �t ., � ,Q � � � � � � \ � � Q V � .. 3 Z � 0 � � � O � � s � �d ,�, � � � � �.�% � � � 1-� 4 � p o .. U � ix �� {�% �� F�t 'F � � %r x �'�R �.�' ^?�t'�♦ �,.^"m �� ,� e '� k s - `S'�' �' r ; ,.r��` . h t� . . . � � . . . . _ . . . , . . . E.:� f/kt °,t Qy '�4'4 S LL�+ � : � Ct . . '�K. , , . . � . _ . . , . , " .. . . , . . N . , . ,r s4 '�. . �'., '° . °� s.,+ru... S F � � � � � � � �� Sr'� � � o a� �� a� � a� �. �w � .Q � � � � � o � � �� • � � � cd � o • � '"� zi O �-I � � � I •,-� � O � �ti H � O �3 •r-f -�-� U � U •• � CC3 • � r� C� t/] O O -I� � rl U� �`, �ri .I-� N O cCf O f� U � � � � rn � � � � � � � � � � � � EC U