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HomeMy WebLinkAboutPW CNT 09-20 Four WayCONSTRUCTION CONTRACT r $ t w .v THIS AGREEMENT, made on the 9th day of September, 2009, -byanc 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 -20 for mini storm sewer and storm laterals and appurtenant work, for the Public Works Department, pursuant to Resolution 09 -363 adopted by the Common Council of the City of Oshkosh on the 8th day of September, 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 $40,663.02, 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 F� 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. The City's Approved Plans 3. Specifications, including any addenda 4. General Conditions 5. Instructions to Bidders 6. Advertisement for Bids 7. Contractor's Proposal The contract documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the Contractor shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. Contractor shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which Contractor may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. 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 N 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. 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 By: (Spe6ify Title) By: . (Specify Title) CITY OF OSHKOSH la Mark A. Rohloff, City Manager Pamela R. Ubrig, I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. 0, Y6 "� City Co oiler c; O W a a C M Q 3 U O Q vi 3 Bond No. 1921506 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 Forty Thousand Six Hundred Sixty —Three and 021100s (Here insert a sum at least equal to the contract price) Dollars ($40,663.02 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by theca- preset%ts. WHEREAS, Principal has by written agreement dated Sept. 9 2009 entered into a contract with Owner for Public Works Contract No. 09 -20 — Mini Storm Sewer and Storm Laterals 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 CERTIFICATE OF LIABILITY INSURANCE OP ID SB L_ 71 (MM/DD/YYYY) FOURW -1 9/17/09 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 INSURERA: Regent Insurance 24414 INSURER B: Accident Fund 10166 FOUR -WAY CONSTRUCTION CO ATTN JEAN INSURER C: PO BOX 133 INSURER D: BERLIN WI 54923 I 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. INUK LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YYYY POLICY EXPIRATION DATE XP' 0' LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X MERCIAL GENERAL LIABILITY CCI0104162 03/31/09 03/31/10 PREMIS (Eaoccurence) $ 100000 LCOM CLAIMS MADE F___7 OCCUR MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $ 1000000 PLOYE E BENEFITS GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2000000 POLICY PRO- LOG JECT A AUTOMOBILE LIABILITY ANY AUTO CBA0104162 03/31/09 03/31/10 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $2000000_ A X7 OCCUR CLAIMS MADE CCU0104162 03/31/09 03/31/10 AGGREGATE $ 2000000 $ DEDUCTIBLE $ X RETENTION $ 10000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNEWEXECUTIVED WCV5004770 03/31/09 03/31/10 H- TORY LIMITS ER E.L. EACH ACCIDENT $100000 OFFICER/MEMBER EXCLUDED? t_1 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 100000 If yes, describe under SPECIAL PROVISIONS below - E.L. DISEASE POLICY LIMIT $ 500000 OTHER A EQUIPMENT FLOATER CCI0104162 03/31/09 03/31/10 LEASED OR 25,0000 RENTED EQ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS THE CITY OF OSHKOSH IS LISTED AS AN ADDITONAL INSURED. REF: CONTRACT 09/20 CERTIFICATE HOLDER CANCELLATION 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 CITY OF OSHKOSH ATTN • CITY CLERK AUTHORIZED AUTHORIZED REPSENTATNE PO BOX 1130 John C. Diedrich F O SHKOSH WI 54902 0 0& ,er ACORD 25 (2009101) ©1988 -2009 PCORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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)