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HomeMy WebLinkAboutPW CNT 05-14/Four-Way ~ CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 14th day of September, 2005, 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. 05..14 for sanitary sewer and appurtenant work, for the Public Works Department, pursuant to Resolution 05-269 adopted by the Common Council of the City of Oshkosh on the-ootftf6.8:1 ~t~ 13th day of September, 2005. 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 $133,813.00, 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 1 , , < . 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 or result from the intentional or 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. In the Presence of: -;F- ~ ::L. ~A . (S~al 0 Contractor -- if a Corporation.) . Q a ~-Û ' ócJJ (Witness) APPROVED: CONTRACTOR FOUR-WAY CONSTRUCTION OF WI By: ~~ ~ ~. By: ~~: ~~ (Specify TitleV C'TY74~ By: ~ ~ Ri hard A. Wollangk, City .-" ~, I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ?Q.A9uAQ 0 Î~ City Comptroller 3 iJ~/;::UfUÖ J1Ui'i .LO':)O I:<AA ~;;:U,{4öOU4a CERTIFICATE OF liABiliTY INSURANCE ACORD", PfiODiiOEl'l THE DIEDRICH AGENCY, INC. PO BOX 306 RIPON WI 54971 Phone: 920-748-2811 Fax:FAX 748-5044 INSURED FOUR-WAY CONS'I'RU'CTION CO OF WI ATTN JEAN PO !SOX 133 BERLIN WI 54923 COVERAGES AI I I B PROJ1!:CTO5-14 THE F'OLlCJES OF INSURANCE I.1STED BELOW HAVIS: ElEEN ISSUED TO THE' It~SliFleJ:) NAMED ABOVE FOR THE POLICY PERIOD INDICÞTED, NC>1WJTHSîANPIN3 A~ REQUIREMENT. TERM 01'1 CONDITION OF ANY CmrrRAC1' OR OTHER DOCUIllENTwrrH ~ESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSlJAANœ AFFORDeD BY THE POLICIES DESCRIBED I{8".EIN IS SUBJE:Ci TO AU THe TERMS, EXCLUSIONS AND CONrJlTIONS OF SUCH POLICIES. AGGR5GATE !..IMITSSHOWN MAY HAV!!; BEE~ REDUCED BY PAID CLAIMS, to Tit DN8/ui TV"E OF ¡NSUI'IANCe i POLICY NUM8ER r IJEfÐAI.. LIMIIUTY i r::~x 1 COMMEFiCIAJ.. C3ENERAI.. lIAB!!.IT\' I' eCI 0 1. 0 4162 ! CLAIMs "'fiDE: ŒJ OCCUR I . I 1=1--- I ~~::'ñ ¡¡; ~~ :: I I AUTOIIIJOBILE !..lABILITY ~ !xl ANY AUTO' ¡ CBAO104162 C-l All. CM'NED ALrrOS ; r-- SCHEDIILED AltfDS I' i-- HIRED AUTOS I I-- NON-OWNED AUTOS i ' I [ r-- i r OAFlAG! UABIUTY I I RANY AUTO ¡ I EXCSSJUIAElRE.l.LA UASIUTY r A '5' ocCUJ'! 0 CLAIMS MADE ceIO104162 ,I DEDUCTIBLE I i ¡ l RETENTION $ , : WORKERS OOII!PI!'NSATION AND I , EMPLOYERS' UABIUTV WCV500 7"0 00 I C I ANY PROPRISTORII"AATNERISX¡¡C\JTIVE I 4 . i OFFlœRlMEMIIER EXCl.UDED? I ¡III yea. describe under i~ t SPECIAl PROVISIONS tJe-law i I'M~ ¡ r I " I I ! I DESCRI PTION OF OJ>I!FiATIONS I LOCATIONS I VEHIOt.ES I ExelUSION$ AbDCiD BY ENDORS5I1!ENT I SPECIAl. I'AOVISIOI<IS G!NEJtAL LIABILITY- EXPLOSION HAZARD EXCLUDED. CERTIFICATE HOLDER .-- CITY OF OSHKOSH PO:SOX 1130 OSHKOSH wr 54901 ACORD 25 (2001/08) 1)l£J)tC.l t.:J:I A\:i~I~vr 1¡~1.. ~UUJ. " OP 10 S.J DATE IMMIOO/YYY'l} FOURW-l~' 09/26/05 THIS CERTIFICATe IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTiFICATE HOLDER. THIS CERTiFiCATE DOES NOT AMEND, EXTEND OR , AL TEA THE COVERAGe AFFORDED BY THE POLICIES BELOW. ¡ ~ ¡INSURERS AFFORDING COVERAGE ¡ NAIC it ïNsUl:ieRA: Regent !nsuran.~e, .,---- 24414 ~NSU!ìERB: General. Casualty In$urance C0244:14 ¡ INSURER c~ ACCIDENT FUND --I- I iNSU¡:n:R 0: I r iNSURER e: - ,- ¡ '- I 'al'-,.~TJr;l~ "D.á:*'llw,õDNŸí' LIIVIITS I I EACH OCCURRENCE $1000000 ¡I 03/31/05 03/31/06 PflEMISES(¡;øoco~~ce) 1$100000 I MED EXP (AnY;;;;;on) -1,$ 5000",_' I I ¡ PERSONAL & AI:N f~URY ~OO~ I (ENERALAGGREGATE 1$ 2000000 -~ ¡ ! PAODUCïS.CQMPIOPAGG ~OOOO!!.- I I COMBINEO SINGLE UMIT $ 1000000 ¡' 03/31/05 03/31/06 ~Eaar;ciaent> I I !l°DILY I~UR'f $ ! II I (Par P&lS<>,¡ : I r~UR~ i I: ! I ~:::I:AMAGe I ~~~ $ ,-- "- j ¡ i AUTO ONLY. EA ACCIDENT $ r OTHER THll.1f EA ACe I $ ! AUTOONI..Y: AGG 1$ EACH OCCURRENCE $ 2000000 03131/06 ~~- $2000000 $ 1- 1$ is XIT~~Y:;~I~* I lu~" 03/31/06 EI...EACHACOIDENT 1$100000 [ S,L DISEASE. ëA EMPLoveef $-..lQ..Q,O 00 ¡ E,I.., DISEAse. POLICY LIMIT '-$ 500000 I I I I ! ,-- 03/31/05 I . I i I ! 03/31(05 0,- -- -- CITOOOl CANCELLATION SHOULD ANY OF TI1E AElOVS DESCRIBED PQUCIES BE CANcellED BEFORE THE !!XPIRATlO £lATE T¡'¡¡¡¡FlfOI', THe ISSUING INSURER WILl. ENPEAVOR TO MAil ~ DAYS WRITTeN !lOTICe TO THE,CEflTIFICATE HOLDER IIIAÞAEO TO THE LEFT, BUT FAIWAS TO DO SO SHALL IMPOSE NO 08UOATION OR LIABIUTY OF ANY KIND UPON THe II\'SUREA.,ITS AGENTS OR AEPRESENTATIVES. AUTHORIZED RIiPRESEN .I Bond No. 0100742 Executed in Four Copies WISCONSIN SOCIETY OF ARCHITECTS THE INSTITUTE ARCHITECTS AMERICAN OF 0 UJ 0'- 00 0'- WIS. AlA DOCUMENT JULY 1980 ED, WIS. A312 ¡.: V) :::> Q :::> < PUBLI C IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND ~ ~ < ~ ~ u 0 0 -< -< THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779,14 WISCONSIN STATUTES, V) ?: KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec. 779,]4 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 ÎD5<:rt the legal title and address of Surety) CAROLINA CASUALTY INSURANCE COMPANY, 6410 Enterprise Lane-Suite 130, Madison, Wisconsin 53719 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 addms or legal title of Owner) The City of Oshkosh, 215 Church Avenue-P.O. Box 1130, Oshkosh, Wisconsin 54902-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of One Hundred Thirty-Three Thousand Eight Hundred Thirteen and NO/100s (Here: insert a sum at least equal to the contract price) Dollars ($133,813.00), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, finnly by these. presellts. WHEREAS, Principal has- by written agreement dated Sept. 14 .200?entered into a contract with Owner for Public Works Contract No. 05-269 - Sanitary Sewer and Appurtenant Work in the City of Oshkosh, Wisconsin in accordance with drawings and specifications prepared by (Here: insert full name, title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes.,. ~ ¡;; p ;; 0 0 () ~ ¡;;; The said written agreement, drawings, specifications and amendments p '" ;::; are hereinafter referred to as the Contract. p c 0 C rn .:-i :ë 00 "" trJ ~ PUBLIC IMPROVEMENT PERFORMANCE / LABOR-MA TERrAL BOND WIS, AlA DOC. WIS, A312AUGUST. 1989£0. Copr. 1969 Wisconsin Society of Architects/ AlA 321 S. Hamilton 51. Madison, Wis. 53703 TWO PAGES PAGE 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the' Principal shall faithfully perform the said contract and pay every person entitled thereto for all 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 a3 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 assigrunent, 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. Principal and the Surety upon tlùs bond for the recovery of any damages he may have sustained by reason 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 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shaH be distributed among the maintain an action in his own name against the parties pro rata. Terrorism Rider attached is included under this Bond. Signed and sealed this 30th day of September , . 200~ IN THE PRESENCE OF: ~,OURZ;9h~~~~' I~C. Tide: ~ ' CAROLINA CASUALTY INSURANCE COMPANY .' . ._~~ ~(~ Fedyn, Attorn~:U InCF,a.ct ". ' {Seal) APPROVED BY* I:'-J THE PB-ESENCE OF: Ownu Witness By: Title: (Seal) *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.I LABOR-MATERIAL BOND WIS. AlA DOC, WIS. A312 AUGUST 1989 ED. TWO PAGES PAGE 2 - 9 POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA No. 145 KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly organized and existing under the laws of the State of Florida, having its principal office in Jacksonville, Florida, has made, constituted and appointed, and does by these presents make, constitute and appoint: Joseph L. Vigna or Dennis M. Barton or Elizabeth M. Fedyn of Midwest Surety Services of Brookfield, WI its true and lawful Agent and Attorney-in-Fact, with the power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: any and all bonds and undertakings providing that no single obligation shall exceed Fifteen Million and 00/100 Dollars ($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company held on March 30, 1966, to wit: RESOLVED: "That the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secretary and Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company, and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to Powers of Attorney executed pursuant hereto". RESOLVED FURTHER, this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, 'and they have no authority to bind the company except in the manner and to the extent therein stated. RESOLVED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attorney-in-Fact named above. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same fo[<:e and~ff~çl.as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 24th day of .11] 1 Y ,2003. Att~~ By: Betty C therland Vice President and Secretary Carolina Casualty Insurance Company By, 4 <-Ç?¿~ Annin W. Blumberg President and Chief Executive Officer WARNING: THIS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) ss COUNTY OF DUVAL) On this -24t.hday of .11] 1 Y ,2003, before me personally came Betty C. Sutherland to me known, who, being by me duly sworn, did depose and say: that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and that Æ{she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that ~she signed his/her name thereto by like order. et, , :\¡..~Y Pú OFACIALNOT,A}W.')(¡¡\l 0 a('.:.. PATSY W CAAMì~+jAmL.. ) '?'I :ií< OOMMI§§/9:ì N!JM§ŠFf <f g9'jMlOO7 MY OOMM~ ÊJ'í'I~§ and ad affixed my official seal; the day a IN WITNESS CERTIFICATE I, the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that~ef()regoing is a just, true, correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescind~d and that ili.e authority of the Attorne~-in-Fact set forth therein, who executed the bond to .which thi.slower of Attorney is attached, is in full for, ce",:m,d eff'èct ~ o(t"hisqate. GIven under my hand and the seal of the Company, thIs 3tJ't. day of Se.Dfe.YYlbpr- ,: 20tJb "' , ""Co .. , ' . -: MSu .. . ~.¡ ~....,-- ""+. '..::---j i!:j~....r~"'",,~ -' ~\ sf-"'\. ¡~ ~"",.. FL"'\"'~/~~ ~o~';'~.