HomeMy WebLinkAboutPW CNT 14-08/Donald Hietpas and Sons 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: Donald Hietpas & Sons, Inc. Date: October 2, 2014
PO Box 166 Pro�ect: Water Main Extensions
Little Chute, WI 54140 From: Carol Marchant, Adm. Assistant
Re: Contract No. 14-08
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
Quantit Descri tion
1 Ori inal Si ned Contract No. 14-08
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8� Comment
Remarks:
cc: City Clerk (original)
Public Works, Engineering (original)
City Attorney (copy)
�-
CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 10th day of September, 2014, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and DONALD
HIETPAS & SONS, INC., P.O. Box 166, Little Chute, WI 54140, 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. 14-08
for various water main extensions, for the Public Works Department, pursuant to
Resolution 14-410 adopted by the Common Council of the City of Oshkosh on the 9th day
of September, 2014,
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 Special 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
$784,926.15, adjusted by any changes as provided in the Specifications, 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 Specifications.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The CONTRACTOR covenants and agrees to protect and hold the CITY 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
primarv coveraqe 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 Plans and Specifications, including all Addenda's
3. City of Oshkosh Standard Specifications
4. Instructions to Bidders
5. Advertisement for Bids
6. 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.
2
�, 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 Presence of: CONTRACTOR
DONALD HIETPAS & SONS, INC.
G;,; �_�� ? �Js
By: . _ � U
�
�
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
� - By: �----
1�-____� Mar A. Rohloff, City Manager
itne s) - -
-,. ^
�Z�'ll� And L
(Wi ess) Pamela R. Ubrig, City lerk
APPROVED: I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
i y torney
�����n�
City Comptroller
3
�"1 DONAHIE-01 SAME
�co�zc�° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
`� 9/18/2014
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 certi£cate 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).
rROOUCeR (920)739-7711 NAMEACT Melinda Sauer
Nillis of Wisconsin,inc.-Appleton PHONE 920-968-5224 F� No; 920-560-4024
122 E.College Avenue E A Lo E�:
:ity Center East,2nd Floor aooRess:melinda.sauer willis.com
�ppleton,WI 54911 INSURER(S)AFFORDING COVERAGE NAIC#
iNSUReRa:SECURA Insurance Compan 22543
INSURED Donald Hietpas�Sons Inc INSURERB:
P O Box 166 INSURER C:
Little Chute,WI 54140-0166 INSURERD:
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.
NSR TypE OF INSURANCE ADDL BR POUCY EFF POLICY EXP
LTR POLICY NUMBER MM/DD/YYYY MM/DDlYYYY LIMITS
GENERAL LIABIUTY EACH OCCURRENCE $ Z,OOO,OO
l� X COMMERCIALGENERALLIABILITY X 20-CP-003172522-4 1!3l2014 �/3/201$ pREMISES Eaoccurrence $ ���,00
CLAIMS-MADE �OCCUR MED EXP(Any one person) $ ��,��
PERSONAL&ADV INJURY $ Z�OOO�OO
GENER,4L AGGREGATE $ 4,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,00
POLICY X PR� LOC $
AU70MOBILE LJABILITY COMBINED SINGLE LIMIT 'I,OOO
Ea accident $ ��0
A X ANY AUTO X 20-A-003172523-4 1/3/2014 1/3/2�1$ BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
X NIRED AUTOS X NON-0WNED PROPERTY DAMAGE $
AUTOS Per aaident
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 7,000,00
A EXCESS LIAB CLAIMS-MADE X 20-CU-003172524� 1/3/2014 1/3/2015 AGGREGATE $ 7,0���00
DED X RETENTION$ �O,OOO $
WORKERS COMPENSATION X WC STATU- OTH-
AND EMPLOYERS'LIABILITY T RY LIMIT ER
14 ANYPROPRIETOR/PARTNER/EXECUTIVEY� 20-WC-003172559-4 1/3/2014 �/3/20�$ E.L.EACHACCIDENT $ �00�00
OFFICER/MEMBER EXCLUDED? N N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ ���,��
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ SOO,OO
JESCRIPTION OF OPERATIONS/LOCAT70NS/VEHICLES (AtYach ACORD 101,Additional Remarks Schedule,if more space is required)
:ity Contract No.14-08:Miscellaneous Water Main Extension
:ity of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are named as Additional Insured to the
:ommercial Generel Liability,Automobile Coverage,and Umbrella Coverage.
;O�ay notice of cancellation applied on all lines
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CI of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WI�L BE DELIVERED IN
tY ACCORDANCE WITH THE POLICY PROVISIONS.
Attn:City Clerk
215 Church Avenue AUTHORIZED REPRESENTATIVE
PO Box 1130
Oshkosh,WI 54903-1130 G��-_-�"�--�--���.^---�--�-�-----
�O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED WRAP
This Endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
BUSINESSOWNERS LIABILITY COVERAGE FORM
With respect to coverage provided by this Endorsement, the provisions of the Coverage Form apply unless
modified by this Endorsement.
Additional Insured provisions provided in this endorsement contain equivalent language to Insurance Services
Office Endorsements CG 20 10 07 04 and CG 20 37 07 04. If a written contract or written agreement between you
and the additional insured specifies that coverage for the additional insured form be provided by Endorsements
CG 20 10 07 04 and/or CG 20 37 07 04,this endorsement shall be interpreted to comply with such requirement,
but only to the extent that such coverage is included within the terms of the Coverage Part to which this
endorsement is attached.
A. Additional Insured When Required By Written Construction Contract
1. Operations Performed For An Additional Insured
WHO IS AN INSURED is amended to include as an additional insured any person or organization for
whom you are perForming operations when you and such person or organization have agreed in a written
contract or written agreement prior to a loss,that such person or organization be added as an additional
insured on your policy. Such person or organization is an additional insured only with respect to liability
for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured.
A person's or organization's status as an additional insured under this provision ends at the earlier of
when your operations for that additional insured are completed; or the end of the policy period.
2. Limitations
The Operations Performed For An Additional Insured coverage is limited as follows:
a. This insurance does not apply to"bodily injury", "property damage"or"personal and advertising
injury"arising out of the rendering of, or the failure to render, any professional architectural,
engineering or surveying services, including:
(1) The preparing, approving, or failing to.prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders,change orders or drawings and specifications; or
(2) Supervisory, inspection, architectural or engineering activities.
b. This insurance does not apply to"bodily injury"or"property damage"occurring after:
(1) All woCk, including materials, parts or equipment furnished in connection with such work, on the
project(other than service, maintenance or repairs)to be performed by or on behalf of the
additional insured(s)at the location of the covered operations has been completed; or
(2) That portion of"your work"out of which the injury or damage arises has been put to its intended
use by any person or organization other than another contractor or subcontractor engaged in
performing operations for a principal as a part of the same project.
c. The Limits of Insurance applicable to the additional insured are those specified in the written contract
or written agreement or in the Declarations for this policy,whichever is less. These Limits of
Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. If
other insurance available to you and written by us is applicable to this additional insured,the
maximum recovery under all coverage forms or policies combined may equal but not exceed the
highest applicable limit under any one coverage form or policy providing coverage on either a primary
or excess basis.
ILE 1037 Includes copyrighted materiaf of Insurance Services Office,with fts permission Page 1 of 3
1105 O 2011,SECURA Insurance Companies
requiring such waiver with that person or organization. However, our rights may only be waived prior to
the"occurrence"for which we make payment under this Coverage Part.The insured must do nothing
after a loss to impair our rights.At our request, the insured will bring "suit" or transfer those rights to us
and help us enforce those rights.
E. Amendment—Aggregate Limits Of Insurance(Per Project)
Under LIMITS OF INSURANCE shown on the Declarations,the General Aggregate Limit applies separately
to each of your projects away from the premises owned by you or rented to you. This extension does not
apply to the"products-completed operations hazard".
F. Additional Condition ,
The following condition is added:
Additional Insured Duty To Notify
The additional insured described in A. or B. above must give written notice of loss, including a demand for
defense and indemnity,to any other insurer having coverage for the loss under its policies. Such notice
must demand full coverage available and the additional insured shall not waive or limit such other
available eoverage.
This additional condition does not apply to the insurance available to the additional insured which covers
that person or organization as a named insured.
All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall
continue to apply.
ILE 1037 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 3
1105 OO 2011,SECURA Insurance Companies
AUTO ADDITIONAL INSURED WRAP
This endorsement changes your policy. Please read it carefully.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by
the endorsement.
A. AUTOMATIC ADDITIONAL INSURED—PRIMARY AND NONCONTRIBUTORY
SECTION II—LIABILITY COVERAGE,subsection A. Coverage, paragraph 1.Who Is An Insured is amended to
add:
d. (1) Automatic Additional Insured—Primary And Noncontributory
Any person or organization is an additional insured when you and such person or organization have
agreed in writing in a contract or agreement that such person or organization be added as additional
insured on your policy.Such person or organization is an additional insured only with respect to liability for
"bodily injury"or"property damage"resulting from the ownership,maintenance or use of a covered"auto",
provided the"bodily injury"or"property damage"is caused, in whole or in part, by you or by those acting
on your behalf.This insurance is primary and is not contributing with any other insurance carried by the
additional insured.
(2) Blanket Lessor Additional Insured Provisions
If the additional Insured is a lessor of a"leased auto°;
(a) Coverage
i. Any"leased auto"that is a covered"auto°will be considered a covered"auto°you own and not a
covered"auto"you hire or borrow.
For a covered "auto" that is a "leased auto" Who Is An Insured is changed to include as an
"Insured"the lessor.
ii. The coverages provided under this endorsement apply to any "leased auto" until the policy
expiration date, or when the lessor or his or her agent takes possession of the "leased auto°,
whichever occurs first.
(b) Loss Payable Clause
i. We will pay, as interest may appear, you and the lessor for"loss"to a"leased auto°.
ii. The insurance covers the interest of the lessor unless the"loss° results from fraudulent acts or
omissions on your part.
iii. If we make any payment to the lessor,we will obtain his or her rights against any other party.
(c) The lessor is not liable for payment of your premiums.
(d) Additional Definition
As used in this endorsement:
"Leased auto"means an"auto"leased or rented to you including any substitute,replacement or extra
"auto"needed to meet seasonal or other needs,under a leasing or rental agreement that required you
to provide direct primary insurance for the lessor.
CAE 0131 Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. Page 1 of 2
0810 SECURA Insurance Companies
MERCHANT'�� �of 3 originals
BON DI NG COM i'ANY..
MERCHANTS[iONO1PtG COMNANY(MIJTVAU - MERCHANTS NATIONA�BONDING.LNC.
2100 FLEUR DRIVE•DES MQINES.IOWA 50321-11SA•(800}G9R-A17t •1515►24.3•3854 fIVC
Performa�ce Bond F3ond No.�NIC 55231
COWTRACTOR: SURETY:
(Nome.!«,a!sratus a..daddress) (Namt,/egol sta/us aird prinripa!place
oJbr.:iness)
Donald Hietpas&Sons, If1C. McrchantsBondingCompaay(Mutuai)
2100 Fleur Drive,lles Mo�nes.IA 50321-1158
1450 East North Avenue,P.O.Box 166,Little Chute,WI 54140-0166
OWNER:
(A�OMC,/cg�of st�rirrs ond adJnas)
City of Oshkosh
215 Church Avenue, Oshkosh, WI 54901
CONSTRUCTIOPt COAlTRACT Tnts doeument has�npatant teqa�
°atc= Se tember 10, 2014 ��O��s.Canvuationwith
(� an atfomey is encoungad with
Seven Hundred Eighry Four Thousand Q fC5�16Ci t0 if5 ODmpletion Or
AmaunL Nine Hundred Twenty Six Dollars and 15/100 y�784,926.15 m�����
My sirquur rctere�to
Dcscription: Contrador,Surey.owner or
(NOnt!O�/OCYf7%DIf) OIhK paRy SIfiH DG COIf51dCrCQ
Public Works Contract No. 14-08-Various Water Main Extensions p�ur��M,hereapplicabb.
This aocument oombkses two
BONO separate oonda,a PeAama�ca
p,c�- September 17, 2014 BonQ and s Payment Bond.��co
(!10!rartie�than Construclfon CoMrac!Dale) one 1orm.TAis!s not a single
cambined Periorma�e and
F�ayment 6ond.
Seven Hundred Eighty Four Thousand
AIf10UqL Nine Hundred Twenty Six Dollaro and 15/100 �784,926.15
Modifications to this Bond: �Nonc ❑Sce Scction I6
CONTRACTOR AS PRiNCIPAL SURETY -�,p?N�'�.�Q�•,.
Campany: (Corporate Seal) Mc chan nding Com � (C���� .
Donald Hietpas&Sons, � ^ �' Y<M��_o_ �g'`=
s��v.r: s�e�rc�
Lt�� �.��
rr�� rt.,,�� ame a . ons i °.,a��;�..,.,..��:��e;�
endlittc: a»dTiitc:Attorney-In-Fact �:�
(.tny addirio►+alsigrrorures appeo�on tfie last pagc offlrts Prrforn�c�ree Borrd.J
(FOR!lVFORNAT/ON ONLY—Nomc oddresr and teJ�phont)
AGENT or[3ROK[R: OWNER'S REPRESENTATtVE:
(Arr/iitccl,£i+giireti o�oth[r parly_)
WI��IS
City Center East, 122 E College Avenue (2nd floor)
Appleton, WI 54911 ,
920 739-7711
Printed in cooperation with American Institute ot Architeds(AtA). The language in this document contorms
exactty to the tanguage used in AIA Oocument A312-Payment Bond-20f0 edition.
CON 0656{6/12)
1
§1 Thc Contractor and Surety,jointly and severalIy,bind themselves,their hein,executocs,administrators,succcssors
und assigns to the Owner for Lhe performance of the Construction Contracy which is incorporated herein by reference.
§2 If the Contractor performs the Construct'son Coniract.the Surety and the Contractor shat!have no obligalion under
this Bond,�xcept when applicable to participate in a conference as provided in Section 3.
§3 If Q�ere is no Owner Dcfault under ihe Construceion Contract,thc Surety's obiligation under this Bond shall arisc
after
.1 the Owna first provides notice to the Contractor and the Surety that the Owner is consideting declaring
a Contractor Defautt. Such notice shail indicate whether the Owner is rec{uestirg a conference among
the Owner,Contracior and Surety to diseuss the Contractor's performance. If the Owner does not
requesi a conference,the Surety may�wiihin five(5)business days atier receipt of Owne�'s notice,
request such a conference. If the Surety timely rcqoests a conference,the owner shall auend. Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held wiihin ten
(10)business days of the Scuety's rec�ipt of the Owne�s notice, If the Owner,the Contractor and the
Surety agrce,the Contractor shalt be allowed a reasonable time to perfotm the Construction Contract,
but such an agreement shal[not waive th�Ownet's right,if any,subsequenily to dectare a Contraclor
DeCault;
,2 the Owner declazes a Contrsctor Default,terminates the Construction Contract and notities the Surety;
and
3 the Owner has agreed to pay thc Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selccied to perform the Construction Contract
§4 Failure on the part of the Owner to comply with the notice requiremont in Section 3.1 sha1)not constilute a failure
to comply with a condition precedent to thc Surety's obligations,or release the Surcty from its obligations,exccpt to
the extent the Surety demonstrates actua!prejudice.
§5 When tbe Oumer has satisfied the conditions of Section 3.the Surety shail promptly and at the Surety's expense
talce one of the foliowing actions:
§5.1 Arrange for the Contractor,with the consent of the O�vner,to perform and comptete the Consiruction Coairac�
§5.2 Undertake to perform and complete the Construction Contract itsetf through its agents or independent
Contractors:
§53 Obtain bids or negotiated proporals from qualified contractots acceptablc to the Owner for a contract for
perfonnance and completion of the Construction Contract,arrange for a contract to be prepared for execuGon by the
Owner and a contrector selected with the Owne�'s eancurrenee,to be seeured with performance and payment l�onds
executed by a qualified surety equivatent to the bonds issued on ihe Constnaction Contract,and pay to the Owner ihe
amouni of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a resutt of ihe Contracior D�faul�or
§5.4 Waive its right to perfarm and comp)ete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 Aftcr investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicablt after the amaunt is determined,make payment to the Owner,or
Z Deny liability in whole or in part and notify the Owner,citing the reasons for deniai.
§6 If the Surety does not proceed as provided in Section 5 with reasonabte promptness,the Surety shall be deemed
to be in defauIt on this$ond seven days after recxipt of an additional written notice from the Owner to the Surety
demanding that the Sucety perform its obligations under this Bond,and the Owna shall be entided to enforet any
remedy available to ihe Owncr.If the Snrefy pmceeds as provided in Section 5.4 and ihe Owner rtfuses the payment
or the Surety has denied liability.in whote or in part,without Further notice the Owner shatl bc entitled to enforce any
remedy available to the Owner.
2
§7 lf the Surety elects to act under Scction 5.i,5.2,or 5.3,then the responsibilitics of the Surety to the Owner shall not
be greater lhan those of the Contractor under the Construction Contraet,and the responsibilities of the OHner to ihe
Surety shall not be greater than those ot'the Owner under the Construction Coniract Subject to Qie commitment by the
O�vner to pay the Bafance of the Contract Price,the Surety is obIigated,without dEiplication.for
.1 the responsibilities of the Contractor for carection of defcctive work and completion of the
Construction ContracG
.2 additionat Iegal,design professional and delay costs resut6ng from the Contractors Default,and
resulting from the actions or failure to act otthe Surcty under Section 5:and
.3 liquidated damages,or if no tiquidated damages are specificd in the Construction ConUact,actual
damages causcd by detayed performance or non-performance of the Coniractor.
§8!f the Surety elects to act under Section 5.1�S.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surcty shaU not be liable to the Owner or others for obligations of the Coniractor that are unrelated to the
Construction Contract,and the Balance of the Conir�et Priee s}sail not be rec3uced or set off on account of any suefi
unrelated obtigations.No right of action shall accruc on this Bond to any person ar eatity other ihaa the O�vner or its
hcirs,executors,administraton,succcssars and assigns.
§10 The Surety hereby waives notice of any change,including changes of tirrte,to the Constraction Contract or to
related subcontracts,purchase orders and other obligations.
§I1 Any proceeding,lega!or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two yean after a declaration
of Coniractor Default or within two years after the Contractor ceastd working or wic6in two years after the Surcty
rcfuses or fails eo perfonn its obligations under this Bond,whichever occurs fint.If thc provisions of this Paragraph
are void or prohibited by law�the minimum period of limitatian available to sureties as a defense in the jurisdiction of
thc suit sha11 be applicable.
§1Z Notice to 1ht Surety,the Owner or the Contractor shall be mailed or delivcred to the address shown on the page
ort���hich iheir signature appears.
§13 When this Bond has been Eurnished to comply with a statutory or other legal te�uirement in the Eocation whcre
the oonstruction was to be performed,any pmvision in this Bond conflicting with said statutory or legal requiremcnt
shall be dcemed deIeted herefrom and provisions conforming to such statutory or othcr legal requircment shal!bc
deemed incorporated hecein.Wben so fumished,the in�ent is that this[3ond shall be eonsuued as a statutory bond and
not as a common law bond.
§14 Defirtitions
§l�t.l Ralanee of the Contr.�ct Pricc.The total amount payabie by lhe Owner/o the Contractor under the Construction
Contract afier alI proper adjustments have been made,including aitowance to the Contractor of any amounts rceeived
or to be reccived by the Owner in seitlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by ail valid and proper paymenu made to or or►behalf of the Contracior under the Construction
Contract.
§ 14.2 Construction CoatracG The agrcement between tl�e Owner and Contractor identifeed on the cover page,
including aIt Contract Documents and changes made to the agreemcnt and the Contract Documcnts.
§143 Contractor Dctaalt.Failura otthe Conuactor,which has not bcen remedied or waived,to perform or otherwise to
comply with a matcrial term of the Construction Contract.
§14.4 Owner Dcfault.Failure of'the Owner,which has not been remedied or waived,to pay ihe Contractor as required
under the Construction Contrpct or to perform and eomptete or comply with the othee material te�ns of the
Construction Contract.
§I4.5 Con tract Dotu meats.Ail the documents that comprise ti�e ugreement between the OW ner and Contractor.
§15[f this Bond is issued for an agrcement bet�veen a Contractor and subcontractor.the term Contracior in this Bond
shall be decmed to bc Subcontractor and the term Owner shal!be deemed to be Contractor.
3
§I6 Modifications to this bond are as follows:
(Space is provided belo►v jor additional signatures ojadded parties, o�her lhan those appearing on the cover page.)
COMTRACTOR AS PRINCIPAL SURE7Y
Company: (Corporate SealJ Company: (Corporate Sea!)
Signature: Signature:
Namc and 7'itle: Name and Title:
Address: Address:
4
MERCk;[ANT�S��
BON DI NG COMPANY�
MERCHANTS BONDING COMPAIVY(MUTUAL) • MERCHAhITS NATtONAL SONDING. WG
210(1 FLEUR DRIVE • QES MOINES,I�WA 5032l-11Sf3•($00)67&8171 •(515)243-3854 FAX
Paymen#Bond Bond No.WIC 55231
CONTRACTOR: SURETY:
(Nante,legal status and address) (Name,lega!slalru and principal place
of business)
Donald Hietpas& Sons, Inc. Merchants Bonding Company{Mutual)
1450 East North Avenue,P.O.Box 166,Little Chute,WI 54140.0166 2100 Fleur Drive,Des Moines,IA 50321-1 I58
owr��R:
(Name.legal slatr�s and address)
City of Oshkosh
215 Church Avenue, Oshkosh, WI 54901
CONSTRUCTION CONTRACT This document has tmportant legal
Date: September 10, 2014 consequences.Consupatton with
an attamey Is encaaaged with
Seven Hundred Eighty Four Thousand $784,926.15 reSP�to ks compfeiion or
Amount: Nine Hundred Twenty Six Dollars and 15/100
modifiGation.
Description: Any singular referer�ce to
(Name a»d location} C.�traaor,Surety,Ow�er or
Public Works Contract No. 14-08-Various Water Main Extensions other party shaN be considered
plural where applicable.
This doc�ment combines two
BOND separate bonds,a Pertormance
bate: September 17, 2014 eond and a Payment 8or,d,into
(Not earlier lhan Coruln�ction Coirtract Da1e} one torm.This is not a single
combined Performance and
PaymeM Bond.
Seven Hundred Eighty FourThousand $7�/�,926.15
Amoun� Nine Hundred Twenty Six Dollars and�5/�00
Pvtodifications to this Bond: �None ❑ Sec Sect�on 18
COtdi'RACTOR AS PRINCIPAL SURE?Y `o'?°j�ao P�'Q��.
•��° �"��''y-�:
Company: (Corporate Sea!) Company: (Corporate�'e� �.:
MerchantsBondin Com an utuad �� °��=
Donald Hietpas 8�Sons, Inc. 8 P Y(M `.� �93a �g;
Signature: } ' �y� Signaturc��ki'�X�C�- O� •/��
N<,me Name Pamela L. Ronski
and'fiUa and Title:Attorney-In-Fxt
(Any additiona!signatures appear on the lost page of this PQ}�nsen�Bond.)
(FOR INFORMATION ONLY--•Name,address and teleplaorrc)
AGENT or BROKER: OWNER'S REPRESENTATfVE:
WilliS (Architecr,Eirghreerorotherpaity;)
City Center East, 122 E College Avenue(2nd floor)
Appleton, WI 54911
920 739-7711 '
Printed in cooperation with American Institute of Architects(AIA). The ianguage in this document conforms
exactty to the languaga used in AIA Document A312-Payment Bont!-20i 0 edition.
s
§t The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors.administrators,successors
and assigns to lhe Owner to pay for labor,materials,and equipment furnished for use in ihe performance of the
Construction Contract,which is inrnrpocatcd hercin by reference,subjec!to the folio�ving terms.
§2{f the Contractor promptly makes payment of all sums due to Claimants,and dcfends,indemnifies,and holds
harmless the O�mer from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnishect for use in the performance of the Construction Contracl,then tF�e Surety and the Contractor
shalt have no obligation under this Bond.
§3 If there is ao Owner Defauli under the Construction Contract,the Surety's obligation to the Owner under this IIond
shall arise aftcr the Owner has promptly notified thc Contractor and the Surety(at the address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owne�'s property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of!he Construction Contract and tendered
defense of such cEaim.s,demands,liens or suits to the ConVactor and the Surety.
§4 When the Owner has satesfied the conditions in Section 3.,the Surety shall promptly and at the Surety's expense
defcnd,indemaify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 7'he Surety's obligations to a Claimant under this Bond shalt arise aRer the follo�ving:
§S.I Claimants,who do not have a direct contracf�vitfj the Contractor,
.l have fumished a written notice of non-payment to the Contractor,stating with substantial accucacy the
amount claimed and the name of the party to whom the materials were,or equipment was,fumished or
supplied or for whom the Iabor was done or perfarmed,within ninety(90)days after having last
performed labor or last furnished materiais or equipment inciuded in the Claim;and
•Z have stnt a Claim to the Surety(at the addrtss described in Section 13).
§SZ Claimants.who are employed by oc have a direct cantract wiih the Coniractor,have sent a Claim to the Surety(at
the address described in Section l3).
§6 Ifa notice of non-payment rcquired by Section 5.l.1 is given by the O�vner to the Co�lractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment nnder Section 5.1.i.
§7 Whcn a Claimant has satisfied the conditions of Sections S.1 or 52*whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send aa answet to the Claimant,with a copy to the Owner,within sixty(60)days aRer receipt of the Claim.
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed:and
§7.Z Pay or arrange for payment of any undisputed amounts.
§73 The Surety's failare to discharge its obligations under Section 7.1 or Section 7.2 shalt not bc deemed to
constitute a waiver of defenses the 5urcty or Canlractor may have or acquirc as to a Claim,except as to undisputed
amounu for�vhich the Surety and Claimant have reached agrcement.lf,however,the Surety faiis to discharge its
obligations under Section 7.1 or Section 72,the Surety shalI indemnify the Claimaat for the reasanable attorncy's
fees the Claimant incurs therea{ier to recover any sums found to be duc and owing to the Claimaot.
§8 The Surety's total obligation shaU not exceed the amount of this Bond,plus the amount of reasonable attomey's
fecs provided under Section 7.3.and the amount of this Bond shalt be credited for any payments made in good faith
by ihc Surety.
§9 Amounts owed by the Otvner to the Contractor under the Construetion Contract shall be used for the performance
of the Construction Contract and ta satisfy daims,iYany,under pny construction performance bond.By thc
Contractor fumishing and the Owner accepting this Bond,they agree that aIl fuads eamed by the Contractor in tlie
pedocmance of the Construction Contract are dedicated to satisfy obligatiorts of the Contraetor and Surety under this
F3ond.subject to the Owne�'s priority to use the funds for the compleGon of the work.
6
§20 The Surety shall not be liable to•the Owner,Claimanis or others for obligatio�ss of the Contractor that are
vnrelated to the Construction Contract. The Owner shalI not be IiabSe for the payment of any cosls or expenses of any
Claimant nnder this 8ond,and shall have ondcr this Bond no obl3gation to make payments to,or give notice on behalf
of Clairnants or otherwise have any obligations to Claimants undcr thes Bond.
§f 1 The Surety hereby waives notice of any efiange,incluciing changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§l2 No suit or action shall be commenccd by a Claimant uncicr tliis Bond other than in a rnurt of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is loeated or alier the
expiration of one year from the date(1)on which the Claimant sent a Ctaim to the Surety pursuant to
Section 5.1.2 or 52.or(2)on which the last labor or service was performed by anyone or the tast materiais or
eguipment were fumished by anyone under the Construction Contract,whichever of(I)or(2)tirst occurs. If the
provisions of this Paragraph are void or prohibited by lativ,the minimum period of Eimitation avai(able to sureties as a
deiense in the}urisdiction of the suit shalt be applicable.
§13 Notice and Claims to the Surety,the Owner or the Cantractor s6ali be mailed or deiiwered to the address shown
on the page on which their signatare appears. Aetual receipt of natice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply�vith a staturory or other lega!requirement in the location where
the construction was to be perforn�ed,any provision in this Bond confiicting with said statuiory or legal requirement
shatl be deemed deleted herefrom and provisions conforming to such statutory or other legal requircment shalt be
deemed incorporated herein.When so furnished,the intent is ihat this Bond shail be construed as a statutory bond and
not as a common law bond.
§15 Upon reqnest by any person or entity appearing to be a potential beneficiary of this Sond,the Contractor and
Ownec shall promptly fumish a copy ofthis$ond or shalt permit a copy to bc made.
§16 Definitions
§Ib.l Ctaim.A written statement by the Claimant including at a minirnum:
.1 the name of the Claimant;
.2 the name of thc person for whom the labor was done,or matecials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materiats or equipment tvas
furnished far use in the performance of the Construction Contract:
.d a brief description of the tabor.materials or equipment fumished:
S the date on which the Claimant last performed Iabor or lasi fumished materiais or equipment for use in
the perforrnance of the ConsEruction Contract:
.6 the total amount eamed by the Claimant for labor,matetials or equipment furnished as of the date of
ttre C1aim:
.7 the tota)amount of previous Qaymenis received by thc Ciaimani;and
.8 the total amount due and unpaid to thc Claimant for tabor,materials or equip�nent furnished as of the
dale of the Claim.
�162 CtaimanL An individual or entity having a direct coniract with the Contractor or with a subt:oniractor of ihe
Contractor to fumish labor,materials or equipment for use in the performance of the Construction Contract.The term
Claimar►t atso includes any individaal or entity tt►at has righLFutly asscrtcd a claim under an appiipbte mechanic's licn
or simiiar statute against lhe real properiy upon which the P%}eci is tocated.The inient of this Bond shall be to
include without limitation in tbe tecros"labor,materials or equipment"that part of water,gas,power,light,heat,oil.
gasoline,telephone service or rental equipment used in ihe Constn,ction Contract,architectural and engineering
secvices required for performance o�'the work of the Contractor and ttte Contracto�'s subcontractors,and ali other
items for which a mechanic's lien may be asserted in lhe jucisdiction where thc labor,materials or equipment were
furnished.
§163 Construction Contract.The agreement bet�veen the Owner snd Contractor identifted on the cover page,
including all Contract Documents and ali changes made to the agreement and the Contract Documents.
7
§16.4 O�vner Dciau[t. Failure of the Owner,which kas not becn remcdied or waived,to pay the Contractor as rcnuired
ur�cler the Construction Contract or to perform and camplete or compiy with the othcr material tern�s of the
Conshvccion Contrac�
§16.5 Contract Documents. Ali the documents lhat comgrise the agreement bctween thc Owncs and Contractor.
§17 It'tfiis Bond is sssued for an agrcemcnt between a Contractor and subcontractor,the te�n Contractor in this Bond
shall be deaned io be Subcontractor and the ternt Owner shall ba deemed to be Contractor.
§18 Malifications to this bond are as foilo�vs:
(Space is provided below for additiorrn!signal:rr es of added parlies, other than lhose appearing on 1he cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Sea�
Signaiure: Signature:
Name and'�tle: Namc and Ttle:
Addras: Address:
8
MERCH[ANT�S�
BONDING COMPANY,�
POWER OF ATTORNEY
Know All Persons By 7hese Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,
INC.,both being corporations duly organized under the laws of the State of lowa(herein coliectively called the°Companies'),
and that the Companies do hereby make,constitute and appoint,individually,
Pamela L. Ronski
its true and Iawfui Attomey-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place
within the United States,the following surety bond:
Surery Bond#: WIC 55231
Prinapal: Donald Hietpas&Sons, Inc.
Obligee: City of Oshkosh
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies,and all the acts of said Attomey-in-Fact, pursuant to the authority herein given,are
hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of
Directors of the Merchants Bonding Company(Mutuai)on April 23,2011 and adopted by the Boarcl of Directors of Merchants Nationai
Bonding,Inc.,on October 24,2011.
"The President,5ecretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shali have
power and authority to appoint Attomeys-in-Fact,and to authorize them to execute on behaff of the Company,and attach the
seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other wriGngs obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attomey or CertificaGon thereof authorizing the execution and delivery of any bond,undertaking,recognizance,
or other suretyship obligations of the Company,and such signature and seai when so used shatl have the same foroe and
effect as though manually fixed"
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 23rd day of July,2014.
�,�.,�„npap .•-�-•.
`,``�aA����qC•��'%: ;�O�N��'-•��!1�,�� MERCHANTS BONDINO COMPANY(MU7UAL)
��q�,4��P01p,4��B�: ��O�O�lP�19q�9y�: MERCHANTS NATIONAL BONDING,INC.
_�:� _0- i7:p •i-y.'2 -o- p',.�:
=�'. 2003 ��_ =6� 1933 :'c: y �
:� :• :y�• -cti. B �
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S7ATE OF IOWA ,''II���r�'�•�����11' •••��•' President
COUNTY OF POLK ss.
On this 23rd day of July , 2014 , before me appeared Larry Taylor,to me personally known,who being by me duly swom did
say that he is President of the MERCHANTS 80NDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boarcls of Directors.
In Testimony Whereof,I have hereunto set my hand and affuced my Official Seal at the City of Des Moines,lowa,the day and year
first above written.
,�P�`�"�s WENDY WOODY
Z�� Commission Number 784654
My Commission Expires
� •a,,,P June 20,2017
STATE OF IOWA Notary Public,Polk County,lowa
COUNTY OF POLK ss.
I, William Wamer,Jr.,Secrehary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-0E-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
I yVi'tness Whe f,l have hereunt t my hand and affixed the seal of the Companies on
this �L� day of �eptember �(��4 ,
���..u���n�•rr •• ''••
. G
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°Q: —0- ;z: •zi -� °'3: Secretary
_�' 2003 :.�_ =y, 1933 :ti:
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.
POA 0007(7/14)
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