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HomeMy WebLinkAboutWood Sewer & Excavating PW 19-11 11 CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 29th day of August, 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Wood Sewer & Excavating, Inc., E9238 County Road X, New London, WI 54961, party of ItRe second part, hereinafter referred to as the CONTRACTOR, SEP 1 3 2019 WITNESSETH: DEPTOF PUBLIC WORKS OSHKOSH, VvISCONSIN 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. 19-11 for Sanitary Manhole Rehabilitation/Inflow/Infiltration Reduction Program in the City of Oshkosh,for the Public Works Department,pursuant to Resolution 19-480 adopted by the Common Council of the City of Oshkosh on the 27th day of August,2019, 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 Two Hundred Ninety-four Thousand Four Hundred Twenty-seven dollars and 30/100 ($294,427.30), 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 1 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 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 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 Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 2 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. 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 Wood Sewer Excavating, Inc. clinrifiAAA 11 074 W oa d By. Comb L. Woo EXO �rPsc deed' i • . .leaq t. (Specify Title) "s 1996 n By: =,* •.• * .. •' ..•• "l'1� (Specify Title) 3 CITY OF OSHKOSH By: Mark A. Rohloff, City Manager (Witness) And: (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract . Lore Attorney Russ Van Gompel, City Comptroller 4 RECEIVED BOND#NWI 1687 PERFORMANCE BOND SEP 1 3 2019 CITY OF OSHKOSH LI'1 01 huut.,� olctti3 Contract Number 19-11 OSHKOSH, WI "NcI°1 Date Bond Executed(Date of Contract or Later) 09-11 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization Wood Sewer& Excavating, Inc. E9238 Cty Rd X Individual _Partnership New London, WI 54961 Corporation State of Incorporation Wisconsin SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond Merchants National Bonding Company $294,427.30 6700 Westown Pkwy West Des Moines, IA 50266 OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above,which is incorporated herein by reference. This Bond shall cover any work performed during.initial construction and any warranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract,then the Surety(ies) obligation under this Bond shall arise after: 1. The Owner provides notice to the Contractor and Surety that the Owner is considering dedaring the Contractor in default of the Contract. Within five (5)business days of the Owner's notice, either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five(5) business days of Ca 9/10/2 CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 9l10/2019 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). CONTACT PRODUCER RECEIVED NAME: Erin Gresen Ansay&Associates, LLC. GB PHONE FAX 1710 Lawrence Drive (A/C.No.Est): 800-236-8652 (A/c,No):920-437-4179 IL De Pere WI 54115 ADDRESS: Erin.Gresen©ansay.com S E P 1 3 2019 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Middlesex Insurance Company 23434 INSURED UL-P I U1 PUBLIC WO�t9@ "I-01 INSURERS:Sentry Insurance a Mutual Company 24988 Wood Sewer& Excavating Inc OSHKOSH, WISCONSIN INSURERC: E9238 Cty X New London WI54961-7820 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:344723772 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY Y A0099670004 6/1/2019 6/1/2020 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PR TO RENTED PREMISES (Ea occurrence) S 500,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL S.ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JE a X LOC $ A AUTOMOBILE LIABILITY Y A0099670001 6/1/2019 6/1/2020 COMBINED SINGLE LIMIT (Ea accident) $1.000.000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X AUTOS (Per accident) $ X HIRED AUTOS $ A X UMBRELLA LIAB X OCCUR A0099670006 6/1/2019 6/1/2020 EACH OCCURRENCE $9,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $9,000,000 DEDJ X I RETENTIONS $ B WORKERS COMPENSATION A0099670005 6/1/2019 6/1/2020 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY OFFICER/MEMBER/EXCLUDED? CUTIVE N N/APARTNER/EXE E.L.EACH ACCIDENT $100,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Installation Floater A0099670003 6/1/2019 6/1/2020 Any One Job Site $250,000 Deductible $500 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if mote space is required) RE: Public Works Contract No. 19-11 City of Oshkosh,and its officers, council members,agents, employees and authorized volunteers are included as additional insured with respects to general liability coverage by endorsement CG2010 07/04(ongoing operations)&CG2037 07/04(completed operations)on a primary&non-contributory basis and auto liability per endorsement CA7601 on a primary&non-contributory basis.30 days Notice of cancellation except 10 days for non-payment of premium in favor of additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Clerk 215 Church Avenue AUTHORIZED REPRESENTATIVE PO Box1130 Oshkosh WI 54903-1130 / CA.%/ 4, �x�-,►...•�.r.� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: A0099670001 COMMERCIAL AUTO CA76010615 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY - COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. Named Insured: Wood Sewer& Excavating Inc Endorsement Effective Date: 6/1/2018 SCHEDULE Name Of Person(s) Or Organization(s): Any Additional Insured As Required By Written Contract Or Written Agreement Executed Prior To Loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Each person or organization shown in the Schedule is an "insured" for Covered Autos B. Primary And Noncontributory Insurance Liability Coverage, but only to the extent that This insurance is primary to and will not seek person or organization qualifies as an "insured" contribution from any other auto insurance issued under the Who Is An Insured provision contained to the person or organization in the schedule under in: your policy provided that: (1) Paragraph A.1.of Section II—Covered Autos (1) The person or organization is a Named Liability Coverage in the Business Auto and Insured under such other insurance; and Motor Carrier Coverage Forms; or (2) Paragraph D.2. of Section I—Covered Autos (2) Prior to the "accident" you have agreed in writing in a contract or agreement that this Coverages of the Auto Dealers Coverage insurance would be primary and would not Form. seek contribution from any other insurance available to the person or organization. CA 76 01 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its Page 1 of 1 permission. POLICY NUMBER: A0099670004 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Oshkosh,and its officers,council members,agents, employees and authorized volunteers 2015 Church Ave PO Box 1130 Oshkosh,WI 54903-1130 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", pp y "property damage" or "personal and advertising This insurance does not apply to "bodily injury" or injury"caused, in whole or in part, by: "property damage"occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. 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. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 SPECIMEN COPY POLICY NUMBER: A0099670004 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of Oshkosh,and its officers,council members,agents, employees and authorized volunteers 2015 Church Ave PO Box 1130 Oshkosh,WI 54903-1130 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 SPECIMEN COPY