HomeMy WebLinkAboutPW CNT 11-20 Four-Way Construction CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920)236-5115 FAX(920)236-5106
LETTER OF TRANSMITTAL
To: Four-Way Construction Date: August 16, 2011
PO Box 133 Project: Mini Storm Sewer& Storm Laterals
Berlin, WI 54923 From: Carol Marchant, Adm. Assistant
Re: Contract 11-20
Attn:
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Signed Construction Contract— City Contract 11-20
These are being transmitted as indicated below:
❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
Signed: 6t)/ d
cc: City Clerk (original)
Public Works, Engineering (original)
File Copy(copy)
CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 27th day of July, 2011, by and between the CITY
OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FOUR-WAY
CONSTRUCTION OF WISCONSIN, INC., P.O. 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. 11-20
for Mini Storm Sewer and Storm Laterals,for the Public Works Department, pursuant to
Resolution 11-328 adopted by the Common Council of the City of Oshkosh on the 26th day
of July, 2011,
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
$85,879.20, 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. INSURANCE
The Insurance required by the City of Oshkosh as specified in the City's
specifications, including addenda, or plans, or instructions, or advertisements, shall be
primary coverage and that any insurance or self insurance maintained by the City of
Oshkosh, its officers, council members, agents, employees or authorized volunteers will
not contribute to a loss. All insurance shall be based upon the occurrence of an event, and
not based on claims made. All insurance shall be in full force prior to commencing work
and remain in force until the entire job is completed and the length of time that is specified,
if any, in this contract, the specifications, whichever is longer.
ARTICLE VI. 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. City of Oshkosh Standard Specifications
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
2
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
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 Pre - - - of: CONTRACTOR
FOUR-WAY CONST% •TIO OF WI, INC.
/ / By: .,�� _ cA
f.(Seal of Contractor (Specify Title)
if a Corporation.)
By: / ---.
i
(Specify Title)
1
CITY OF OSHKOSH
7,-- 7 / By: �--- /r'� �L �����, Ma A. Rohloff, City A . ■ - •er
(W it)less)
kit—CL.,..t_ ill LciA And: 0 i 4
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary
r ,
provisions have been made to pay
the liability which will accrue under
f i this contract
N • ttorney
lir
F
City orth o r
Y
3
Bond No. 1000353
Executed in Three Copies
*11111111114
WISCONSIN SOCIETY OF ARCHITECTS �
THE AMERICAN INSTITUTE OF ARCHITECTS „,■:16!lit ;04F
faz; ,i l
WIS. MA DOCUMENT
6 JULY 1980 ED. WIS. A312
w '
PUBLIC IMPROVEMENT
PERFORMANCEILABOR AND MATERIAL
PAYMENT BOND
THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
0 TO SECTION 779.14 WISCONSIN STATUTES.
vi
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 title of Owner)
The City of Oshkosh, 215 Church Avenue—P.O. Box 1130, Oshkosh, Wisconsin 54903-1130
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the
amount of Eighty—Five Thousand Eight Hundred Seventy—Nine and 20/100s
Dollars ($ 85,879.20),
(Here insert a sum at least equal to the contract price)
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 July 27 a 2011 entered into a contract with Owner for
Public Works Contract No. 11-20 — Mini Storm Sewer and Storm Laterals in
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,
Vt
a
0
n
V
The said written agreement, drawings, specifications and amendments
are hereinafter referred to as the Contract.
C
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES
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 Principal and the Surety upon this bond for the
Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by
any extension of time for the completion of the Con- reason of the failure of the Principal to comply with
tract shall release the sureties on the bond. the Contract or with the Contract between the Prin-
cipal and his subcontractors. If the amount realized
2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of
work under the Contract, any party in interest may the parties in full, it shall be distributed among the
maintain an action in his own name against the parties pro rata.
Signed and sealed this 1st day of August 2011
IN THE PRESENCE OF:
FOUR—WAY CONSTRUCTION OF WISCONSIN, INC.
p. .
411Pi/ /1 _ . By: (Seal)
Tula:
THE HAN VER INSU;' CE COMPANY
• / I Nauss of Surety
By. 4' (Seal)
Witness ' Tide:
Dennis M. Barton, Attorney—In—Fact
APPROVED BY
IN THE PRESENCE OF:
Owner
By: (Seal)
Witness Tide:
*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.AlA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2
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 andlor Elizabeth M.Fedyn
•
of Brookfield,WI and each is a true and lawful Attomey(s)-in-fad to sign, execute,seat, acknowledge and deliver for,and on its behalf,
and as its act and deed any place within the United States,or,lithe 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 No1100($20,000,000)in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fad 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-intact of the Company,in its name and as its ads,to execute and acknowledge for and on its behalf as Surety any and
all bonds,recognizances,contracts of indemnity,waivers of citation and at 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-fad than 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, 1951 -The Hanover Insurance
Company,Adopted April 14,1962-Massachusetts Say Insurance Company,Adopted September 7,2001-Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CiTl7FNS
INSURANCE COMPANY OF AI✓IERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice
President and an Assistant Vice President,this 1 Bth day of June,2010. _
THE HAMOVERtW URAWCECOt.1PANY
AM1ASSACHU'SETTS BAY 11NSUr4ANCE COMPANY
CMtE1•15JttSURAr1C-E COMPANY OF AMERICA
# aasY / f�l
•
7 Isg2ilt V4—::„.121
t S Lary YEarno A+d,90n,'vice.PresidEn{
•
Rcbe.Y' GTE naan,Pssistarn'l e P:rexid_r.t
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER )ss.
On this 18th day of June 201D., 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 seats 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 duty affixed and subscribed to said instrument by the authority and direction of said Corporations.
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
exerted by the President or any Vice President in=injunction with any Assistant Vice President of the Company,shall be binding on the Company to the
same.extent as if at 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, 1952 Massachusetts Bay insurance Company, Adopted September 7. 2001 -
Citizens insurance Comparry of America)
•
GIVEN under my hand and the seals of said Companies, at Worcester,Massachusetts,this 1st day of August ,2011
•
T}iE HANOVER INSURANCE COMPANY
MASSACHUSETTS SAY INSURANCE COMPANY
CITIZ.EMS INSU-—ICE COMPANY OF N,ERICA
jam / //�
`,/,-/I/',
•Sleppnti Y &a-4l A- rsr-a7-f:rr,e Pre su r
•
OP ID:MM
AICCDPICE7 .. .. ..DATE(MMIDD/YYYY)
4,-- CERTIFICATE OF LIABILITY INSURANCE 08/02/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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).
PRODUCER 920-748-2811, Y
THE DIEDRICH AGENCY,INC. PHONE FAX
PO BOX 306 FAX 748-5044 r,.. EatJ: 1[MAO--
RIPON,WI 54971 AD r.s•
John C.Diedrich :.-.; _w.FOUR'-1
INSIJREFOR)AFFORDING COVERAGE NAIC$
INSURED FOUR-WAY CONSTRUCTION CO INSURER A:RentInsurance 24414
ATTN JEAN INSURER B:Accident Fund 10166
PO BOX 133 INSURER C2,,
BERLIN,WI 54923
INSURER D:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:.
THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _
._. — TYPE OF INSURANCE ... . POIt ' twat - LIiAITS
I TR, visa WvII POLICY NUM R 1MM/DDIYYYYS {MMIDWYYYY)-
GENERAl.LIA UTY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY X CCI0104162
03/31/11 03!31112 GIs EEalL S 100,000
CLAIMS MADE X'j OCCUR MED EXP( One pawn)_ _$ 5,000
PERSONAL&ADV INJURY $ 1,000,000
X_ EMPLOYEE BENEFITS_ GENERAL AGGREGATE $ 2,000,000''
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMP/OP AGG 'S 2,000,000
1 POLICY MC I I LOC $
AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT 5 1,000,000
03/31H1 03/31!12 (Es accident) — ---__
A X ANY AUTO CBA0104162 BODILY INJURY(Per pe aon) $
_ALL OWNED AUTOS BODILY INJURY(Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE s
HIRED AUTOS (Per accident)
—
NON-OWNED AUTOS s
__ -
a
UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,000
EXCESS LIAB CUUMS-MADE AGGREGATE S 2,000,000
A —..__... CCU0104162 03131/11 03/31/12 -----
_ DEDUCTIBLE $
X RETENTION .5 1 0000 i _
WORKERS COMPENSATION _ X [ WC STATU-{ ER_ _..._.�___
[TORY LLUIT�
AND EMPLOYERS'LIABILITY 100,000
B ANY PROPRIETOR/PARTNER/EXECUTIVE YEi N/A' WCV5004770 03!31!11 03/31112 E.L EACH ACCIDENT S
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) E .DISEASE-EA EMPLOYEI$ 1 00,000
K Yes describe under 500,000
DES(RIPTION OF OPERATIONS below - EL DISEASE-POLICY LIMIT $
A EQUIPMENT FLOATER CCI0104182 03/31/11 03/31112 `LEASED OR 250,000
RENTED EQ
DESCRIPTION OF CITY OF OSHKOSH,AND ITS OFFICERS (Attach
OUNCIL MEMBERS AGENTS,,EMPLOYEES AND ulna)
AUTHORIZED VOLUNTEERS AS ADDITIONAL INSURED.
CERTIFICATE HOLDER CANCELLATION
CITYOSH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF OSHKOSH
PO BOX 1130
AUTHORIZED REPRESENTATIVE
OSHKOSH,WI 54903 John C.Diedrich
I
®1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD