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HomeMy WebLinkAbout28179 / 76-28� _ ___ _ . - — _ �� -- �----� May 6, 1.976 .... ... . . . .. .. ...... _ .. . _ . . . . .. .._ -ksY # 28 RE50Li7TION . . . ... . .. ..,Y .. ..... ... .... . ... . . . . .._. .. . ._.. . ►�iiERE�S, the City of oshkash has heretofore advertised for bids for sanitary sewer, storm sewer, water main, and appurtenan� work, and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the lowest and most advantageous bid: CENTRAL CONTRACTING CORP. $4i1,296.20 Oshkosh, Wisconsin 54901 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to en�er into an appropriate agreement for the purpose of same, a�l accord- ing to plans, specifications, and bid on file. Money for this purpose is hereby appropriated .froin the sanitary sewer, storm sewer, water main and appurtenant work cc�nstruction acc�unts. �T?I3?QITiED BY ._�._,�...,.,...�a.�...�..��•-�- _,, �� �c �'�`-�'� c�'�-- � .l .A -�C - G� — - 31 - � .� .� m.�.�.�..�.�,.. �. ..�. _,.. . \' j�,, . ,_ CONSTRUCTION CONTRACT THTS AGREEMENT, made on the _�� day of May, , 197b , by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and CENTRAL CONTRACTING CORPORATION of 23�0 Alcroma Boulevard, Oshkos�r, WI 54901 , party of the second part, hereinafter referred to as the CONTRACTOR, WTTNESSETH: 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 76-04 - Sanitary Sewer, Storm-Sewer water main �.n� ap�urtenant work Approved by Res. #28 of May 6, 1976 Common Council 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 TII. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $�I .23�.��_�_� , adjusted by any changes as providediin �ie-- e�nera� o ditions, 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 i amounts d�terwined for th� 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 cou:plete this Contract is such that progress payments are required, ehey 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 resvlt 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 zeasonable time after demand thereof. ARTICLE V. COP4PONENT PARTS OF THE CONTRACT This contract consists of the foZlowing 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 excegt 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: CONI'RACTOR , � By : .,,�""�--�. -� -�,���- �t�__��__"— � ,--� � l ��--z.. < c Title � �� � (Seal of Contractor if a Corporation) : CITY : 13y : Specify Title I certify tha-t provisions have been made to pay the liability that will accrue to the City of Oshk sh tmder the �aithin contract. (Seal of City) Q Y�'i �=�-.�� . DEL LaMAR , Clty omptroller A r ed as to fo d eaecutian: 0 W. PENCE, ' y Attorney S B. G[INZ, Assistant City Attorney - 3 - . �� � t ��A/insurance CERTIFICATE OF INSURANCE The Policy identified below by a policy number is in force on the date of Certificate Issuance. Insurance is afforded only with respect to those coverages for which a specific limit of liability has been entered and is subject to all the terms of the Policy having reference thereto including for Umbrella Excess Third Party Liability Insurance a provision requmng the maintenance of undertying insurance or self insurance. This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage affarded under any policy identified herein. �$��X���� ���6$��aP6��s i���.1in�Sr1�S��i1��4i�������������d91�rd���:XKXX�X��XXXXXX�1���� NAME AND ADDRESS OF INSURED CENTRAL CONTRACTING CORPORATION 2300 ALGOMA BLVD. OSHKOSH, WISCONSIN 54901 NAME AND ADDRESS OF CERTIFICATE HOLDER � CITY OF OSHKOSH OSHKOSH, WISCONSIN � � IV. RE: PUBLIC WORKS CONTRACT 76-04 SANITARY SEWER, STORM SEWER, � WATER MAIN � APPURTENANT W�RK DATE OF CERTIF TE ISSUANCE: 76 md � • ..A Authorized Representative THE MEIGS & COPE RGENCY INC. � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE HOLDER LIMITS OF LIABILITY TYPE OF INSURANCE IS DESIGNATED BELOW COVERAGES EACH PERSON EACH OCCURRENCE AGGREGATE ❑ Comprehensive Automobile Liability Bodily Injury Liability $ $ ❑ Schedule Automobile Liability Property Damage Liability $ Bodily Injury and Property $ Damage Liability Combined ❑ Protection Against Uninsured Motorists Uninsured Motorists $ $ f � Comprehensive General Liability Bodily Injury Liability $ $ 3 Q Q� Q Q 0. $$ Q Q� Q Q �. ❑ Owners', Landlords' and Tenants' Liability Property Damage Liability � ].0 0� � 0 0. � 2 � �� Q � �. �d BLANKET CONTRACTUAL ❑ Manufacturers' and Contractors' Liability Bodily Injury and Property $ � ❑ Owner's and Contractor's Protective Liability Damage Liability Combined Bodily Injury Liability $ $ I ❑ Beauticians' Malpractice Liability Property Damage Liability $ � c ncellz�ticr. �f, �r r• atcri�l change in the above d s:�-ribed poli� ies,--,---- --�� _-- ;` ��r' ;;,,,. anc�? , otice ��i:) be furnish�d the erti i�i��� . � w-i±�z�.g [� Workmen's Compensation A. Statutory Statutory Locations: Employers' Liability B. Bodily Injury � 100 000. t WISCONSIN [� Umbrella Excess Third Party Liability The Excess Insuror's Limit of Liability is (Complete one) (a) $ in excess of a Retained Limit (b) Up to $ in excess of a Retained Limit and in excess of various underlying Insuror's Limits of Liability t each Accident Complete below, by designating company by number in the box and entering policy number and expiration date in the sections corresponding to the type of insurance indicated above. �• ��• CCP 191 18 04 ���' Policy Number ❑ � '�1178 ❑ Expiration Date ��• WC 25�+ 15 51 V• RDU 975 35 89 Policy Number 0 7/1/78 0 7/1/76 Expiration Date 1Q Continental Cosualty Company 2❑ Transportotion Insurance Company G-32343-I Q6 Nafional Fire Insurance Company of Hortford �8 American Cosualty Company of Reading, Po. 7� Transconlinental Insurance Company 9� Valley Forge Insurance Company 1� P�RFG�IIIA��CE BOI`tD KNO�vJ ALL I�iEN BY T:-iE �E P�ESET�ITS , tha t C�i,l i e;� � �'v�t,• �,—/ r�� c; �,u- �- ���,�;� Contractor, as principal, and /��' �;; as sure ty /�//7eL�JY `t- /��/7G°'rT a.re held and f irml ound�ur�� lo�,,t� ITY OF OSH OSH, WISCONSIN, � `�� �"o�lars ( �$ ��"7� �-�'G. �� ) Owner, in the su� of��-. o.._ ��,;�`�;����,���#„ to be paid to �he Owner for ti�lhich payment we11 and truly to be made we jointly and severally bind ourselves, our heirs, e�:ecutors, ad�inistrators, and assigns firml� to t�iese presents. THE CGNDITIO�?S Gr '!��E A�OVE OBLIGATIONS are such that WH �'r'?FAS, the s� id �r_= n�`i r�i��_ �rJ; irr�- i i,v�;. C�,�P d id , on the Z� "' day of ��t� , 19�, by articles that date, enter into � contra.r.t with the Gwner for the j� /, !�u i� �' C. �'��' �c'�' S C�U n/ 'T �r? C i 7G ' C� yl �j9 r+.'� r Tr'7 ti' � c �� ��a ,:iTc �s�'r ..��-i✓ ��° I/i�.R T �� �,�i � ifv' `r �l /�,� ���e T� � � �� �1 NOW, THEI�rFORE, if the s�id Contractor sha11 save and hold harnless the sai� Ov-ner from al1 Public Liability and Damages of every description in conr�ectio�l therewith, shall we11 and faithfully in a11 things fulfill the said contract, according to a11 the conditions and stipulatioris therein conta.ined, in a11 respects, �nd sha11 save an� hold harmless the said Owner from and against �11 liens and cla.ims cf every description in connection therewith, incLuding pa.yment for a1.1 materi�ls, labor and equipment, then this obligation sha11 be void and of no effect, but otherwise, it sha11 remain �n fu11 force and virtue, and in �he event that the said O�frner shall e�tencl the time for completion of the work or otherwise modify elements of the contr�ct in accordance with provisions thereof, such extensions of time or �odifications of t:�e contract shall not in an,y way relPase the sureties of this bond.. WITNESS OtIR �ANDS AND SEALS this �� �� DAY GF /''�,q�, 1y�. In the Presence of: C `\ / , . , �,. ..i �� � � ,,�,-� �,����=�y �-�' i S EAL ) ( " �,�� ( S EAL ) G rincipal (l,� ��- . � � .. ��./!%�. + Surety (SEAL) (SEAL) ?���z' r �!�4�v�%� � �r � � N � .-. � �' p o 4-a I � 'tf C .r{ � U � � � � ¢, O a� c� � o � � a� � � � O 3 �r-I � � � � � O N �'-� V1 � ,��� � � � � 0 � � 0 H � O �rl � 0 � � � � m N O � � m N � � � a� .� � k � U .� � � ti � � � � ��., U � �� � cd 'J '� � �