HomeMy WebLinkAboutPW CNT 09-26 Kruczek Const CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 14th day of October, 2009, 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 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 -26
for USH 41 corridor utilities and appurtenant work, for the Public Works Department,
pursuant to Resolution 09 -384 adopted by the Common Council of the City of Oshkosh on
the 13th day of October, 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
$168,000.00, 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
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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.
(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
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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.
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: CONTRACTOR
� KRU K CONSTRUCTION, INC.
- - � � � . [ ^ �1��,I-__) / /
B∎ i.,
( ?..ASILA:t 2
(Seal of Contractor Specify Title)
if a Corporation.)
By: ,c 1 Jit i2 J r
(Specify Title)
CITY OF OSHKOSH
11 - • By: l'I-- A(/> :�;,o �; i , . .;�, A. Rohloff, City Mana er
( il ess) 0
111_ _. _
And: '4 _ r ),,/ JPL
(Witness) Pamela R. Ubrig, City Cle
AP" eVED: i I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue 1
Attl i■ = �t �1 under this contract.
'‘'ty Attorne
City o p P" /
oller A 41 e&lX)
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Bond No. 1 91 851 9 PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that Kruczek Construction Inc.
, Contractor, as.principal, and
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. The Hanover Insurance Company ,as surety, are held and firmly
bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of •
One Hundred Sixty Eight Thousand and no /100 (Dollars)
($ 1 68 , 000.00 ) to be paid to the Owner for which payment
well and truly to be made we jointly and severally bind ourselves, our heirs, executors,
administrators, and assigns firmly to these presents.
•
THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that •
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Kruczek Construction Inc.
WHEREAS, the said Kruczek Construction Inc. did, on the 14th day of
October , 2009 , by articles that date, enter into a Contract with the
Owner for the
_- Public Works Contract No. 09 -26
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• NOW, THEREFORE, if the said Contractor shall save and hold harmless the said Owner
from all public liability and damages of every description in connection therewith; shall well
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 eNery description in connection therewith
including payment for all materials, labor and equipment, then this obligation shalt be void
and of no effect, but otherwise, it shall remain in full force and virtue, and in the event tha
the said Owner shall extend the .time for completion of the work or otherwise modify
• elements of the Contract in accordance with provisions thereof, such extensions of time 01
modfications of the Contract shall not in any way release the sureties of this bond.
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WITNESS OUR HANDS AND SEALS thisl 5 day of October 2009
.In the Presence of:
• ,�, � f I aL Kruczek . Construction Inc (SEAL)
_ - _ -.1'4 i ' L)
• •
'nnc�p_ .AA et-tat ,
I T oe H Insures nce
(SEAL)
- pc.)'` - C / „�'., .
J. C — (SEAL) •
• Surety
• Todd Schaap, Attorney in Fact
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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 ofNew 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
Thomas O. Chambers, Kimberly S. Rasch and/or Todd Schaap
of Racine, WI and each is a true and lawful Attomey(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, recognizes, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Forty Million and No /100 ($40,000,000) 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 authorized and
empowered to appoint Attomeys -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, recognizes, 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 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 6th day of April, 2009.
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THE COMMONWEALTH
OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
On this 6th day of April, 2009, 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.
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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 Attomey 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 Attomey 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 15th day of October 2009 .
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
ITJ INSStJ CE CO„ AN OF ERICA
Ste/ ' . Breui,isistan ice Pres'• nt
STATE OF WISCONSIN )
COUNTY OF KENOSHA )
ON THIS 15th day of October, 2009, 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. (. % .��
Kim. • i
Notar c, Keno .. Arty, Wisconsin
My C 't• ssio 44ust 15, 2010
v:
11111,„ �4 4 Tc u� `
CERTIFICATE OF LIABILITY INSURANCE DATE(MIUDD,YYYY'
'RD O KRUC2 2 10/16/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Allied Insurance -Green Bay HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3138 Market St. P.O. Box 28136 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Green Bay WI 54324 -0135
Phone: 920- 330 -9000 Fax: 920 -330 -9001 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: Acuity Insurance Co 14184
INSURER B:
Kruczek Construction Inc INSURER C:
3636 Kewaunee Rd INSURER D;
Green Bay WI 54311
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.
IN HSRC- TYPE OF INSURANCE POLICY NUMBER DATE (MN EFFECTIVE DATE POLICY EXPIRATION LIMITS
L NSRC
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
uArwGt i O Htri I to
A X X COMMERCIAL GENERAL LIABILITY F92236 -5 02/24/09 02/24/10 PREMISES(Eaoccurenca) $ 100,000
CLAIMS MADE I X OCCUR MED EXP (Any one person) $ 10 , 0 00
PERSONAL &ADV INJURY . S 1,000,000
GENERAL AGGREGATE S 2,000,000
GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000
-
lx
- I POLICY l JEC ri LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 , 000 , 000
A X ANY AUTO F92236 -5 02/24/09 02/24/10 (Eaaccldent) _
ALL OWNED AUTOS 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 OTHERTHAN EA ACC $
AUTO ONLY AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 6,000,000
A X I OCCUR I CLAIMS MADE F92236 -5 02/24/09 02/24/10 AGGREGATE s 6,000,000
_ s
X 1 DEDUCTIBLE $
RETENTION $10, 000 $
WORKERS COMPENSATION X IT W AIU- i I T ER
AND EMPLOYERS' LABILITY
A CER
NE ECUTIV1Y1 N F92236 -5 02/24/09 0 E.LEACHACCIDENT $ 100,000
(Mandatory In NH) E.L DISEASE - EA EMPLOYEE s 100 , 00 0
If Yes, describe under
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMB $ 500,000
OTHER
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
RE: Contract 09 -26 USH 41 Corridor Utilities CTH K (20th Ave.). The City
of Oshkosh, the city elected or appointed officials and employees are
additonal insureds per policy forms, conditions and exclusions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
-- DATETHEREOF, THElSSU1NG INSURER WICL- ENDEAVOR?OMAIL.--3O---- -DAYSWRMEN— - ---
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
City of Oshkosh REPRESENTATIVES.
215 Church Avenue AUTHORIZED REPRESENTATIVE
Oshkosh WI 54903 Patrick M. Walsh
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ACORD 25 (2009/01) @ 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD •
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