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Home My WebLink AboutFour Way 08-15 20094 G� Ptt"' tz CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 24th day of September, 2008, 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. 08 -15 for sanitary sewer, water main, grading and graveling and appurtenant work, forthe Public Works Department, pursuant to Resolution 08 -344 adopted by the Common Council of the City of Oshkosh on the 23rd day of September, 2008, 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 contr completed within the time limits specified in the C proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the pe $134,358.25, adjusted by any changes as provii changes hereafter mutually agreed upon in wr however, in the event the proposal and contract do above mentioned figure is an estimated figure, am Contractor for the performance of the contract number of each of the units of work as set forth in t units therein contained is approximate only, and I act shall be commenced and the work general Conditions and /or Contractor's formance of the contract the sum of led in the General Conditions, or any ting by the parties hereto, provided, auments are on a "Unit Price" basis, the I the City shall, in such cases, pay to the :he amounts determined for the total ie Contractor's proposal; the number of ie 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 fi 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. I n t, :he �Pr ce of: (Seal of Contractor if a Corporation.) CONTRACTOR FOUR -WAY CONSTRUCTION OF WI By: (Specify Title) By: (Specify Titl CITY OF OSHKOSH By: �---. M rk A. Rohloff, City Manager And: 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 3 ACORD CERTIFICATE OF LIABILITY INSURANCE OD I B DATE ( MMIDD/YYYY) E( WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR FO i 07 os PRODUCER IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION REPRESENTATIVES. AUTHORIZED REPRESENTATIVE • John C. Diedric 4b ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE DIEDRICH AGENCY, INC. POLICY EFFECTIVE POLICY EXPIRATION DATE MMIDD DATE MM /DDIYY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 306 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RIPON WI 54971 $ 1000000 Phone: 920- 748 -2811 Fax: FAX 748 -5044 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. Regent Insurance 24414 - - - - - -- -- - - $ 100000 INSURER B: General Casualty Insurance Co. 24414 FOUR -WAY CONSTRUCTION CO OF WI -- - -- - - - - - -- -- —_ ATTN JEAN- -- SURER C: ACCIDENT FUND 10166 PO BOX 133 INSURER D: BERLIN WI 54923 INSURER E: COVFRAr;FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 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, EXCLUSIONS AND CONDITIONS OF SUCH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. REPRESENTATIVES. AUTHORIZED REPRESENTATIVE • John C. Diedric 4b OSHKOSH WI 54902-1130 1NSR ADD'L LTR INSRU TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MMIDD DATE MM /DDIYY - - - - LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY CC10104162 03/31/08 ! 03/31/09 - PREMIS oc - - - - - -- -- - - $ 100000 CLAIMS MADE rX ! OCCUR ',` MED EXP (Any one person) $ 500 ! PERSONAL & ADV INJURY i $ 1000000 - .___.. __ - - -_— -- - _... --- - ----- - - - - -- GENERAL AG GREGAT E - r --------- --- - - -. -. $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: ' ,. PRODUCTS - COMP /OPAGG $ 2000000 PRO- � 1 POLICY JECT �' LOC I - -- - ---- - -- - -- + - _ -- -- - - - - -- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 B CBA0104162 03/31/08 03/31/09 (Ea accident) r AowNEDAuroS i BODILY INJURY $ -� SCHEDULED AUTOS - -�' (Per person) -- - -_ - - -- - -- HIRED AUTOS .BODILY INJURY $ NON -OWNED AUTOS (Per accident) - `- - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO I OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCU $ 2 A X OCCUR CLAIMS MADE CCI0104162 03/31/08 03/31/09 r AGGREGATE _ : $2000000 l $ DEDUCTIBLE $ X RETENTION $10000 $ I WORKERS COMPENSATION AND WC TATU- TH- X !TORY LIMITS ER EMPLOYERS' LIABILITY WCV5004770 00 C ANY PROPRIETOR/PARTNEREXECUTIVE 03/31/08 03/31/09 - - E EACH ACCIDENT - -- -- $ 100000 AFFICEWPRIETO R EXCLUDED? E DI SEASE - EA EMPLOYEE $ 1 0 0 0 If yes, describe under I SPECIAL PROVISIONS below E.L. DISEASE - POLICYLIMIT $ 5000 OTHER !, A ,EQUIPMENT FLOATER CCI0104162 03/31/08 I !, 03/31/09 LEASED OR $25,000 RENTED EQ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CITY OF OSHKOSH IS LISTED AS AN ADDITIONAL INSURED. PUBLIC WORKS CONTRACT 08 -15 CERTIFICATE HOLDER CANCELLATION OSHC0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY OF OSHKOSH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO BOX 1130 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE • John C. Diedric 4b OSHKOSH WI 54902-1130 ACORD 25 (2001/08) UAt, - UKU GUKP01VWT W1USS e a W a o. U _ G G 3 U O, ¢I 3 Bond No. 1844412 Executed in Four Copies WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AIA DOCUMENT 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 779.14 WISCONSIN STATUTES. KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec. 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 insert the legal title and address of Surety) THE HANOVER INSURANCE COMPANY, 333 West Pierce Road, Itasca,..Illinois 60143 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 address or legal tide 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 —Four Thousand Three Hundred Fifty —Eight and 25/100s -------------------------------------------------- (Here insert a sum at least equal to the contract price) Dollars $ .13 4 , 3 5 8.2 $) , for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated Sept. 24 IV 2008 entered into a contract with Owner for Public Works Contract No. 08 -15 — Sanitary Sewer, Water Main, Grading and Graveleing, 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, The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT PERFORMANCE /LABOR - MATERIAL BOND TWO PAGES WIS. AIA DOC. WIS. A312AUGUST. 1989ED. PAGE 1 Copr. 1969 Wisconsin Society of Architects/ AIA 321 S. Hamilton St. Madison, Wis. 53703 This Power of Attorney may not be used to execute any bond with an inception date after July 1, 2010 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 AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Joseph L. Vigna, Dennis M. Barton and/or Elizabeth M. Fedyn of Brookfield, 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 Attorneysn -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 20th day of May, 2008. �1 �, Nullfll/ y 3871 1994 1 974 P THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS.INSURANCE COMPANY OF AMERICA Robert K. Grennan, Assistant -lice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 20th day of May 2008, 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. WOMM AM OAK= "my POW comawaft tigcam�.em�nNw3.�m rtltlf8ly Farb /Fc 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. 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 day of �J (� e eM J e.— , 20 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIS INSU CE COMPANYOFAME RICA Ste L Braui, ssistant Vice Pres of