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Home My WebLink AboutPW CNT 06-14/Kruczek Construction Inc CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 29th day of November, 2006, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and KRUCZEK CONSTRUCTION, INC., 3636 Kewaunee Rd., Green Bay, WI 54311, 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 \. 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: for water main extension, Ripple Avenue to Marvel Drive, Public Works Contract No. 06-14, pursuant to Resolution 06-345 adopted by the Common Council of the City of Oshkosh on the 28th day of November, 2006,-- 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 I\. 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 $129,900.00, 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. 1 -_..~---_._-_.,.._-- .... (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 ~ ~_ f' 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: ~a..L. ~~. \nc.~ (Seal of Contractor iTa Corporation.) c, 'J JJ..:Jc~ (Witn ss) ?n ~ ~ tlJ2-<;/4.aJ (Witness t APPROVED: CONTRACTOR KR~EK ~:1TRUCTION, INC. BY\~~/t:- President (Specify Title) By: ~~1~ ) Secretary (Specify Title) :~~~z~ Richard A. Wollangk, City Manager I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ~~ (}(;~. City omptroller 3 l I \ l l; Bond No. 1802351 PERFORMANCE BOND KNOW ALL MEN BYTI1ESE PRESENTS. that Kruczek Construction, .Inc. , Contractor, as principal, and The Hanover Insurance Company or ,as surety, are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of One Hundred Twenty Nine Thousand Nine Hundred and 00/100-- (Dollars) ($ 1 29 . ~ 0 0 . 00 ) to. .be. paid to. the Owner for which . p~ymen~ well and truly to. be made we jo.intly and severally bind ourselves, o.ur heirs, . . .. 'exe~6rs', administrators, and assigns firmly to. these presents. THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that : . Water Main Extension - Ripple Avenue to MArvel Drive, Public Works Contract No. 06-14 -' WHEREAS, the said Kruczek Construction, Inc. did, Dn the 29 day of NOVf'mhpr .' ,20~ by articles that date; enter int~ a Contract with the OWner for the Water Main Extension - Rippl p AvpnllP h") MArVA 1 fir; uo Public Works, C6ntract~No. 06-14 NOW, THEREFORE, if the said Contractor shall save and ho.ld harmless the said Owner from all public liability and damages of every description in connection therewith. shall wen and faithfully in all things fulfill the said Contract, according to all the conditions and stipulations therein contained, in all respects, and shall save and hold harmless the said Owner from and against all. liens and claims of every description in connection therewith, including payment for all materials, 'labor and equipment, then this obligation shall be void and of no effect, but otherwise, it shall remain in full force and virtue, and in the event that the said Owner shaH extend the time for completio.n of the work o.r otherwis~ modify elements of the Contract in accordance with provisions thereof, such extensions of time or modifications af the Contract shall not in any way release the sureties of this bond. , " . WITNESS OUR HANDS AND SEALS this~ day of December . 20~. In the Presence of: . /) I Kruczek Construction, Inc. --:l~~L..:rn~~ r (SEAL) ~6~~~~ Pnn Ipal The Hanover Insurance Company (SEAL) 7~~h~ LJ-I urety (SEAL) (SEAL) Todd Schaap, Attorney-in-Fact 2 [II ~ ' , ' ii L' I J ,~ P 'i!J'" [I 1'- , I It , I I I I I I I I I I Certified Copy Void Without Hanover Watermark This Power of Attorne ma not be used to execute an bond with an ince tion date after Jut 1,2008 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COpy KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERI CA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Thomas O. Chambers, Kimberly S. Rasch and/or Todd Schaap of Racine, WI and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7,1981 - The Hanover Insurance Company; Adopted April 14, 1982 _ Massachusetts Bay Insurance Company; Adopted September 7,2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 14th day of July, 2005. ~ THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY crrlZENS INSURANCE COMPANY OF AMERICA ~~~ ~ Paul F. Cal'loo, Assilltant Voce Pnlsldent THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER ) ) ss. On this 14th day of July, 2005, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. 7<?~k-M a .:X/a4h:d Not8ry Public My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. ~~-~ H*1- ~.. 1II~"'''''3,:DI This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company. shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7,2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 11 day of December ,20 0 ~ THE,HANOVEJ~lNSURANCE COMPANY MASSACHU~J:;TTS BAYINSURANCECOMP ANY CITIZENS lN$'URANCE COMPANY OF AMERICA ~\J, OJ~ Charla's -T. We/is, Assistant VicePresidenl Certified Copy Void Without Hanover Watermark A 5246 ~ , STATE OF WISCONSIN ) ) COUNTY OF KENOSHA ) ON THIS 11th day of December, 2006, before me, a notary public, within and for said County and State, personally appeared Todd Schaap to me personally known, who being duly sworn, upon oath did say that he is the Attorney-in-Fact of and for the THE HANOVER INSURANCE COMPANY, a corporation of NEW HAMPSHIRE, created, organized and existing under and by virtue of the laws of the State of NEW HAMPSHIRE; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Todd Schaap did acknowledge that he executed the said instrument as the free act and deed of said Company. ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 12/11/2006 PRODUCER (920) 330-9000 FAX (920)330-9001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bayland Insurance Group, Inc, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3138 Market Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 28136 Green Bay, WI 54324-0136 INSURERS AFFORDING COVERAGE NAIC# INSURED Kruczek Construct i on Inc INSURER A: Acuity Insurance Co 3636 Kewaunee Rd INSURER B: Green Bay, WI 54311 INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN~: ~o,.~1 TYPE OF INSURANCE POLICY NUMBER PR.H~Y EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY F92236 02/24/2006 02/24/2007 EACH OCCURRENCE $ 1,000,000 I-- X COMMERCIAL GENERAL LIABILITY Q~~.~~~:ro RENTED $ 100,000 I CLAIMS MADE [8] OCCUR MED EXP (Anyone person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 I-- X Contractual GENERAL AGGREGATE $ 2,000,000 I-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 !Xl POLICY n ~~i n LOC AUTOMOBILE LIABILITY F92236 02/24/2006 02/24/2007 COMBINED SINGLE LIMIT 7 ANY AUTO (Ea accident) $ I-- 1,000,000 ALL OWNED AUTOS BODILY INJURY I-- $ SCHEDULED AUTOS (Per person) A I-- HIRED AUTOS BODILY INJURY ,..-- $ NON-OWNED AUTOS (Per accident) I-- I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ~Y AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY F92236 02/24/2006 02/24/2007 EACH OCCURRENCE $ 6,000,000 JQ OCCUR 0 CLAIMS MADE AGGREGATE $ 6,000,000 A $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND F92236 02/24/2006 02/24/2007 X I ~~~T~~~" I 10J~- EMPLOYERS' LIABILITY E,L. EACH ACCIDENT $ 100,000 A ~Y PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under E,L. DISEASE - POLICY LIMiT $ 500,000 SPECIAL PROVISIONS below OTHER ~ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ubi ic Works Contract 06-14 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Oshkosh ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 215 Church Ave BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY POBox 1130 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, Oshkosh, WI 54902-1130 AUTHORIZED REPRESENTATIVE ~~ Thomas Harrison/JODI ACORD 25 (2001/08) @ACORDCORPORATION 1988 . \ .AC.QRQ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYYl 12/11/2006 PRODUCER (920) 330-9000 FAX (920)330-9001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bayland Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3138 Market Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 28136 Green Bay, WI 54324-0136 INSURERS AFFORDING COVERAGE NAIC# INSURED Kruczek Construct i on Inc INSURER A: Acuity Insurance Co 3636 Kewaunee Rd INSURER B: Green Bay, WI 54311 INSURER C: INSURER D: INSURER E: THE POLICIES OF. INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLI.'SIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1!'4~~ ~R,~~ TYPE OF INSURANCE POLICY NUMBER PRH<{,Y EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY F92236 02/24/2006 02/24/2007 EACH OCCURRENCE $ 1,000,000 - DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY $ 100,000 = ~ CLAIMS MADE [8] OCCUR MED EXP (Anyone person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 X Contractual GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ 2.000,000 ~ POLICY n ~~8T n LOC AUTOMOBILE LIABILITY F92236 02/24/2006 02/24/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ - 1,000.000 ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS A - HIRED AUTOS BODILY INJURY - (Per accident) $ - NON-OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ jQESSIUMBRELLA LIABILITY F92236 02/24/2006 02/24/2007 EACH OCCURRENCE $ 6,000,000 X OCCUR 0 CLAIMS MADE AGGREGATE $ 6,000,000 A $ ==j DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND F92236 02/24/2006 02/24/2007 X 1 ~~~T~J~" I IOJ~. EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 100,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L, DiSEASE - EA EMPLOYEE $ 100,000 If yes, describe under E,L, DISEASE - POLICY LIMIT $ 500,000 SPECIAL PROVISIONS below OTHER ~ESCRIPTION OF OPERATIONS I LOCATIONS {VEHICLES {EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS ubi ic Works Contract 06-14 ~ i ty of Oshkosh is I isted as Additional Insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Oshkosh ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 215 Church Ave BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY POBox 1130 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Oshkosh, WI 54902-1130 AUTHORIZED REPRESENTATIVE ~~ Thomas Harrison/JODI @ACORDCORPORATION 1988 COVERAGES CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08)