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Home My WebLink AboutPW CNT 03-14/Four-WayCONSTRUCTION CONTRA CT THIS AGREEMENT, made on the 29th day of October, 2003, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FOUR- WAY CONSTRUCTION OF WI, PO Box 133, Berlin, WI 54923, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration 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. 03-14 for sanitary sewer and appurtenant work, for the Public Works Department, pursuant to Resolution 03-437 adopted by the Common Council of the City of Oshkosh on the 28th day of October, 2003, 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 $79,094.50, 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 er result from the intentional er negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. 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 hereunto set its, his or their hand and seal the day and year first above written. (Seal of Contractor if a Corporation.) CONTRACTOR FOUR-WAY CONSTRUCTION OF WI (SpeCify Title), By: ~ ~--¢~'~- ¢..0 (Specify Title) (~ (Witness)t._.) ~' (Wit~'(~s.~) -v APPROVED: OI ~ ~ity A~ - - CITY OF OSHKOSH k Richard A. Wollangk, Ci~ Manager Pamela R. Ubrig, City Clerk ,,~'~ I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City Comptroller Bond No. 914310 Executed in Four Copies WI SC ON SIN SO CIE TY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AIA IX)CUMENT JULY 1980 ED. WIS. A312 PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION ?79. I4 WISCONSIN STATUTES. KNOW ALL MEN BY THESE PRESENTS: that (H,,e in,~rt nm, aha aad ..... legal role of ~ Con,racto~, referred to in S~. 779.14 Wisconsin Statutes as the prime contractor) Four-Way Construction of Wisconsin, Inc., P.O. Box 133, Berlin, Wisconsin 54923 as Principal, hereinafter called Principal, and, (Here in*e~t t~,e ~d ~ae and add~, of S~ty) CAPITOL INDEMNITY CORPORAITON, 4610 University Avenue-Suite 1400, Madison, Wisconsin 53705-0900 duly authorized and licensed to do business in the State of Wisconsin~ as Surety, hereinafter called Surety, are held and firmly bound unto (Name and addre~ or legal title of Owner) The City of Oshkosh, 215 Church Avenue-P.O. Box 1130, Oshkosh, Wisconsin 54902-1130 as Obllgee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Seventy-Nine Thousand Ninety-Four and 50/100s Dollam ($ 79,094.50 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns~ jointly and severally, firmly by these, preseqts. WHEREAS, Principal has by written agreement dated October 29 ~ 20,0~ntered into a contract with Owner for Public Works Contract No. 03-14 - Sanitary Sewer and Appurtenant Work in the City qf Oshk. gst%, ~iscon~in which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutess The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT PERFORMANCE / LABOR-MATERIAL BOND WIS. AIA DOC. WIS. A312AUGUST. 1989ED. TWO PAGES PAGE 1 Copt. 1969 Wisconsin Society of Architects/AIA 321 S. Hamilton St. Madison, Wis. 53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the' Prlncil~l da,all faithfully perform the said contract and pay every person entitled thereto for ali the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Contract, or change in the work covered thereby, or any extension of time for the completion of the Con- tract shall release the sureties on the bond. 2) Not later than one year after the completion of work under the Contract, any party in interest may maintain au action in his own name against the Principal and the Surety upon this bond for the recovery of any damages he may have sustained by mason of the failure of the Principal to comply with the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the parties pro ram. Signed and sealed this 4th day of November ., i~ 2003. IN THE PRESENCE OF: FOUR-WAY CONSTRUCTION OF WISCONSIN, INC. CAPITOL INDEMNITY CORPORATION al~-:~seph~L. Vigna, ~ttorney-!n-Fact IN TItE PRESENCE OF: APPROVED BY* (~e~1) *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS. AIA DOC. WIS. A312 AUGUST 1989 ED. PAGE 2 ~I~DEM~ITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO'RO. BOX 5900, MADISON, WI 53705-0900 PHONE (608) 231-4450 · FAX (608) 231-2029 666770 POWER OF A'I-FORNEY No: