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HomeMy WebLinkAboutPW CNT 89-24/Four Way Const CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 21st day of July, 1989 , by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and FOUR WAY CONSTRUCTION OF WI, INC. of 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 consid- eration 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. 89-24 for sanitary sewer and water main - W. Bent Ave. & Prospect Ave. for Public Works Department, pursuant to Resolution 200 adopted by the Common Council of the City of Oshkosh on 20th day of July, 1989 , 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 con- tract the sum of $86, 654 . 50 , adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon 1 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. (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 the negligent digging up of streets, alleys or public grounds or which may result from the faulty, carelessness or neglect of said Contractor, his agents, employees or workmen in the performance of said work or caused by the violation of any City ordinance, and shall refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demands within a reasonable time after demand thereof. 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 enumer- ated 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 "Con- tractor" 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 sub- 2 scribed 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 FOUR-WAY CONSTRUCTION OF WI , INC. /. _ / By L ,. (IM (Seal of Contract• s- • - Tits e) if a Corporation. ) .-- BY: 1 - �i A-� / (Specs /Title) / i CITY,' OF OSHKO H 71 c- / By: - -r.. . bra!%r_ c' ( �, W'Illiam D. Frueh, City Manager r (Witness) Ad 1, And: /, `7 �l AJ.4 �. ( (W ness) Donna C. Serwas, City Clerk APP*3VED: I hereby certify that the necessary pro- visions have been made to pay the lia- tO i which will accrue under this con- .6'141,1 , _ ILA ! / tract. Cit A '•rney City Comptroller 3 41 114 SOCIETY OF ARCHITECTS ∎ THE AMERICAN INSTITUTE OF ARCHITECTS 'Ju.a oll WIS. ALA DOCUMENT JULY 1980 ED. WIS. A312 off a PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND d THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT 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, WI 54923 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) CAPITOL INDEMNITY CORPORATION, P.O. Box 5900, Madison, WI 53705 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, Wisconsin as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Eighty-Six Thousand Six Hundred Fifty-Four and 50/100s Dollars ($86,654.50 ), (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 21 19 89 , entered into a contract with Owner for Public Works Contract No. 89-24 - Sanitary Sewer and Water Main - W. Bent Ave. and in accordance with drawings and specifications prepared by (Here insert full name, title and addJer)os pact Ave. which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes; In Q5a 7S The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. r PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PACES WIS. MA DOC. WIS. A312JULY. 1980ED. PAGE I Copr. 1969 Wisconsin Society of Architects/AIA 321 S. Hamilton St. Madison, Wis. 53703 F 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 25th day of Jul y , 19 89 IN THE PRESENCE OF: FOUR-WAY CONSTRUCTION OF WISCONSIN, INC. Pte! By: (Seal) itne�J Tom: CAPI ( ;INDEM TY CORPORATION X51„4‘.7/2 1`: ()Name of Surety . By afm, (Seal) Witneu ' Dennis M. Barton, Attorney-In-Fact APPROVED BY* IN THE PRESENCE OF: C op O5Hi Owner lJ ' 1 �( I I By: efd • -- (Seal) Witness •/7y l'-e K Title: C./'7 1 ,%j i '(72 *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 W IS.AIA DOC'.W IS.A312 JULY 1980 ED. PAGE 2 V • aii0i,t0IINDEMNITY CORPORATION POWER OF ATTORNEY 5 2 5 8 4 KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint --- DENNIS M. BARTON, JOSEPH L. VIGNA, ELIZABETH M. FEDYN, OR CHARLENE BOHLMAN --- its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of NOT TO EXCEED $500,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the follow- ing Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May, 1960: "RESOLVED, that the President, any Vice-President, the Secretary or Treasurer, acting individually or other- wise, be and they hereby are granted the power and.authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents,assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such of- fices to the business of this company;the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such fac- simile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certi- fied by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, The CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be affixed duly attested by its Secretary, this 1st day of August, 1973. Attest: t CAPIT• NDEMNI CO RATI s„, Secretary STATE OF WISCONS President ) SS. COUNTY OF DANE ) On the 1st day of August, A. D., 1973, before me personally came George A. Fait, to me known who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; thui it was so affixed by order of the Board of Directors of said corporation and that he signed his name theretoby like order. or Ping STATE OF WISCONSIN ) S., 4 • SS. otary Public, Dane Co., Wisconsin COUNTY OF DANE ) My Commission is permanent CERTIFICATE I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing at- attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Madison. • ed the 25th day of July ,19 89 �s�........�� ? NLL J z. ' Cb i //James P. Bigly/t Vice-President A/),KI"® CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) CERTIFICATE 7-27-89 cm PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS The Diedrich Agency, Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, PO box 306 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Ripon, WI 5971 COMPANIES AFFORDING COVERAGE COMPANY A LETTER ri Regent Insurance Co. CODE SUB-CODE 48-0366 INSURED LETTER B General Casualty Co. of WI Four Way Cosntruct-ion Company COMPANY �.+ I I of Wisconsin, Inc. $ r _ s Rt. 2, Box 133 COMPANY °t 1 Berlin, WI 54923 LETTER D JUL 2 S 1989 COMPANY E LETTER COVERAGES CITY CLERK'S OFFICE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED Tc : ,- _ E 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DD/YY) DATE(MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ 1,000, A X COMMERCIAL GENERAL LIABILITY CCI0104162 3-31-89 3-31-90 PRODUCTS-COMP/OPS AGGREGATE $ 1,000, CLAIMS MADE X OCCUR. PERSONAL&ADVERTISING INJURY $ 500, OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 500, FIRE DAMAGE(Any one fire) $ 50, MEDICAL EXPENSE(Any one person) $ 5, AUTOMOBILE LIABILITY COMBINED B X ANY AUTO CBA0104162 3-31-89 3-31-90 LIM TLE $ 500, ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY NON-OWNED AUTOS (PeURY $ (Per accident) • GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY EACH AGGREGATE A X CCI0104162 3-31-89 3-31-90 OCCURRENCE$ 2,000, $ 2,000, OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY A CWC0104162 3-31-89 3-31-90 AND $ 100, (EACH ACCIDENT) EMPLOYERS'LIABILITY $ 500, (DISEASE—POLICY LIMIT) $ 100, (DISEASE—EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Contract # 89-24 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF OSHKOSH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ATTN: DONNA SERWAS MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY CLERK LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OSHKOSH, WI 54902 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPR^ ENTATIVES. AUTHORIZED REPRESENTATIVE John C. Diedrich ACORD 25-S(3/88) ©ACORD CORPORATION 1988 CHANGE ORDER NO. 1 TO: FOUR-WAY CONST. OF WI . INC. DATED: December 11 , 1989 P.O. Box 133 Berlin, WI 54923 Your present contract with the City of Oshkosh, Contract No. 89-24 , is hereby amended and changed as follows: ( insert here work and/or materials to be added or eliminated and the unit and/or lump sum price to be added to or deducted from the contract. ) ADD - TO CORRECT QUANTITIES FROM "ESTIMATED" TO "FINAL MEASUREMENT" (West Bent Avenue & Prospect Avenue Underground) SANITARY SEWER, SECTION I - Total Increase to Contract $4,248.86 Total Decrease to Contract $ 163.80 NET INCREASE TO SANITARY SEWER $4,085.06 WATER MAIN, SECTION II - Total Increase to Contract $1 ,900.00 Total Decrease to Contract --- NET INCREASE TO WATER MAIN $1 ,900.00 NET INCREASE TO CONTRACT $5,985.06 Reco w; ceded : CITY • OSHLOSH a. 4 By: I rec •ems% .ublic Works "ty Manager 46 / ? . .11 „At ) City Clerk Appro - • ce.ted: .L _ .111Mg/ ,/ L.. c ' /; Con' c t��� ` _ / I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within Change Order. 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