Loading...
HomeMy WebLinkAboutPW Contract No. 09-05 construction contract (2009)CONSTRUCTION CONTRACT Lh J APR 2 0 2009 z C TY KS C THIS AGREEMENT, made on the 11th day of March, 2009, 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. 09 -05 for sanitary sewer, water main, grading and graveling and appurtenant work, for the Public Works Department, pursuant to Resolution 09 -66 adopted by the Common Council of the City of Oshkosh on the 10th day of March, 2009, 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 $904,279.50, 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 numberof 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. This Instrument 2. Contractor's Proposal 3. Plans 4. Specifications, including any addenda 5. Instructions to Bidders 6. Advertisement for Bids 7. General Conditions 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. E 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: J � � r (Seal of Contractor if a Corporation.) CONTRACTOR FOUR -WAY CONSTRUCTION OF WI B (Specify e) By. r (Specify Title) CITY OF OSHKOSH McArk A. Rohloff, City Manner e Pamela R. Ubrig, City I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. D u � � 12 City troller 3 ` Bond No. 1844476 Executed in Four Copies WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS Q m a rn E- a a 3 U O A a a 3 WIS. AIA DOCUMENT JULY 1980 ED. PUBLIC IMPROVEMENT PERFORMANCEILABOR 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 tide 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 tide 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 le 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 amountof Nine Hundred Four Thousand Two Hundred Seventy -Nine and 50 /100s (Hen insert a sum at least equal to the contract Pry) Dollars ($904,279.50), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these.presMts. WHEREAS, Principal has by written agreement dated March 11 S 2009 entered into a contract with Owner for Public Works Contract No. 09 -05 — Sanitary Sewer, Water Main, Grading and Graveling, and Appurtenant Work in the City of Oshkosh, Wisconsin in accordance with drawings and specifications prepared by (Here insert full name, tide and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, in U 0 The said written agreement, drawings, specifications and amendments a t" N are hereinafter referred to as the Contract. ci rA a PUBLIC IMPROVEMENT PERFORMANCE /LABOR- MATERIAL BOND TWO PAGES n WIS. AIA DOC. WIS. A312AUGUST. 1989ED. PAGE 1 C7 Copr. 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' 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 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 an action in his own name against the Signed and sealed this 17th Principal and the Surety upon this 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 on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the parties pro rata. day of March IN THE PRESENCE OF: r it Witnen 0 2009 F OUR —WAY CONSTRUCTION OF WISCONSIN, IN(. P inchw r 8 1: (Seal) THE HANOV NSURANCE COMPANY ame of Surety 87° (see) m&: Dennis M. Barton, Attorney -In —Fact APPROVED BY* IN THE PRESENCE OF: Witnen By: Title: (SCSI) *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 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 Aftomey(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 Noll DO ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(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 authorrced 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 seat of the Company. Any such writings so executed by such Attomeys -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 20th day of May, 2008. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZEN SURANCE COMPANY OF AMERICA s 11976 Mary Jeanne j on, Vice Preside t Robert K. Grennan, Assistan ice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER On this 24th 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. WSW Afar OAK= � f ,fay, P . ( `r - t%c3._ !'2 " 3rd/ , ft� * d r�Wafy Public ryc Wb af�lt My commission expires on November 3, 2011 1, 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, 2D01 - Citizens Insurance Company of America) r /� p GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this , �fJr day of N ' d 2D el THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITE S INSU AjNCE COMPANY OF AMERICA i stap4e . Braui, distant Vice Pres nt ,j 03/26/200,9 THU 13:43 FAX 1 920 748 5044 The Diedrich Agency [a002/003 ACOAn CERTIFIC DATE (MM /DD/YYYY) OF LIABILITY INSURANCE OP ID SB FOURW -1 03/26/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE DIEDRICH AGENCY, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 306 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RIPON WI 54971 Phone: 920 -748 -2811 Fax-.FAX 748 -5044 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Regent Insurance 24414 INSURER B: Accident Fund 10166 FOUR-WAY :CONSTRUCTION CO INSURER C: PO BOX 133 INSURER D: BERLIN WI 54923 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 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 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS: - LTR NSR TYPE OF INSURANCE POLICY NUMBER - PO Y EFFECTIVE ID DATE(MMlDD/YYYY) POLICY EXPIRATION DATE jMM1DDrrYyyj LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000 000 A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR CC10104162 03/31/09 03/31/10 rrED PREMISES (Ea occurencel $ 100000 MED EXP (Any one person) $ 5000 PERSONAL BADV INJURY $ 1000000 X EMPLOYEE BENEFITS GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER: RO- POLICY P JECT LOC PRODUCTS- COMP/OP AGG $ 2000000 - AUTOMOBILE LIABILITY A ANY AUTO CBA0104162 03/31/09 03/31/10 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 R ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIREDAUTOS. NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY. AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG A EXCESS /UMBRELLA LIABILITY X7 OCCUR CLAIMS MADE CCU0104162 03/31/09 03/31/10 EACH OCCURRENCE $2000000 AGGREGATE s2000000 _ DEDUCTIBLE - - $ X RETENTION $ 10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y IN N ANY PROPRIETOR/PARTNER/EXECUTIVF[:�1 OFFICER/MEMBER EXCLUDED? WCV5004770 03/31/09 03/31/10 q U. _ TORY LIMITS ER E.L. EACH ACCIDENT $100000 ' E.L.DISEASE- EAEMPLOYEE$- 100000 (Mandatory in NH) If yes, describe under E: L. DISEASE - POLICY LIMIT $ 500000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS RE: CONTRACT #09/05, THE CITY OF OSHKOSH IS LISTED AS AN ADDITIONAL INSURED. CITY OF OSHKOSH ATTN: CITY CLERT PO BOX 1130 OSHKOSH WI 54903 ACORD 25 (2009/01) 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 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENT_AZFVES. AUTHORIZftP RE$ ITATiV 0.1988 -2009 ACORD CORPORATION. All rights reserved. I ne AL:UKU name and logo are registered marks of ACORD 03/26/2009 THU 13:43 FAX 1 920 748 5044 The Diedrich Agency 0003/003 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101)