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Home My WebLink AboutPW CNT 05-02/Reeke-Marold Co /1 .~ /41,~ ./> L--c-~ C....A::_/..--r ~.~ CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 15th day of June, 2005, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and REEKE- MAROLD CO., INC., 1337 S. Broadway, Green Bay, WI 54304, 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. 05-02 for: Administration Building HV AC Upgrade Wastewater Treatment Facility, City of Oshkosh, WI pursuant to Resolution 05-179 adopted by the Common Council of the City of Oshkosh on the14th day of June, 2005, 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 $88,148.00, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the City shall, in such cases, pay to the Contractor for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of 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. 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 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. 2 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. CONTRACTOR REEKE-MAROLD CO., INC. By: ~ k; ~(J ti (J vr f'- PAM / 'j.J-- (Specify Title) · By: r:%dJ~~ '1)( es;/'~~ (Specify Title) (Seal of Contract if a Corporation.) By: "r. . ,."\., hL L/ lit! /Ul ~ii 0.-. .' , (Witness) (': ) LL~tl~ 'f0Cl~ (Witness) ich~rd A. Wollangk, City Manager <.. And: APPROVED: ~.~o/~ ity Atto I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ~o~ City Comptroller 3 .ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 06/22/2005 PRODUCER (920)437-0587 FAX (920)437-4179 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Associates of Green Bay, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 419 S. Washington St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 10268 Green Bay, WI 54307 INSURERS AFFORDING COVERAGE NAIC# INSURED Reeke-Marold Co., Inc. INSURER A: Transcontinental Insurance Co. 20486C 1337 S. Broadway INSURER B: Continental Casualty 20443C P.O. Box 2245 INSURER C: Transportation Insurance Co 20494C Green Bay, WI 54306-2245 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR DD'l TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 2076744744 04/01/2005 04/01/2006 EACH OCCURRENCE $ 1,000,00(] 7 COMMERCIAL GENERAL LIABILITY DAMAGE ~9,,~ENTED $ 300,00(] I CLAIMS MADE [K] OCCUR MED EXP (Anyone person) $ 10,00(] A PERSONAL & ADV INJURY $ 1,000,00(] GENERAL AGGREGATE $ 2,000,00(] GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS.. COMPIOP AGG $ 1,000,00(] n 'nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY 2076744789 04/01/2005 04/01/2006 COMBINED SINGLE LIMIT 7 (Ea accident) $ 1,000,00(] ANY AUTO I-- ALL OWNED AUTOS BODILY INJURY I-- (Per person) $ SCHEDULED AUTOS A I-- X HIRED AUTOS BODILY INJURY 7 (Per accident) $ NON-OWNED AUTOS I-- I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY 2076744761 04/01/2005 04/01/2006 EACH OCCURRENCE $ 5,000,000 o OCCUR o CLAIMS MADE AGGREGATE $ 5,000,000 B $ ~ DEDUCTIBLE $ X RETENTION $ C $ WORKERS COMPENSATION AND WC276744758 04/01/2005 04/01/2006 X I /Xg~Tf;,rg;" I IO;r~- EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ 500,00(] C ANY PROPRIETORlPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L DISEASE.. EA EMPLOYEE $ 500,00(] If yes, describe under E. L DISEASE.. POLICY LIMIT $ I,OOO,OOC SPECIAL PROVISIONS below OTHER ~ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Liability coverage part regarding ~ity of Oshkosh is included as Additional Insured under the General rontract No. 05-02 Administration Building HVAC Upgrade Wastewater Treatment Plant. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Oshkosh ....1L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 215 Church Avenue BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 1130 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Oshkosh, WI 54903-1103 AUTHORIZED REPRESENTATIVE Cvnthia Bauer, CIC ACORD 25 (2001/08) @ACORD CORPORATION 1988 ~ libertY.. \p Mutual", Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644 Ph, (610) 832-8240 PERFORMANCE BOND Bond Number: 354-019-037 KNOW ALL MEN BY THESE PRESENTS, that we Reeke-Marold Company. Inc. 1337 South Broadway. P.O. Box 2245. Green Bay, Wisconsin 54306 . as principal (the "Principal"), and LIBERTY MUTUAL INSURANCE COMPANY. a Massachusetts stock insurance company, as surety (the "Surety"). are held and firmly bound unto City of Oshkosh 215 Church Avenue, P.O. Box 1130. Oshkosh. Wisconsin 54903-1130 , as obligee (the "Obligee"), in the penal sum of Eiohty Eioht Thousand One Hundred Forty Eioht and no/100------------------------------ Dollars ($88.148.00 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement, dated the 15th day of June entered into a contract (the "Contract") with the Obligee for HVAC Uporade Administration Buildinq - Wastewater Treatment Facility. City of Oshkosh. Wisconsin , 2005 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and faithfully perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. Whenever the Principal shall be, and declared by the Obligee to be in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1.1 Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or 1.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 1.3 Obtain a bid or bids from altemative contractors to complete the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding the amount set forth in the first paragraph of this bond. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 1.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: a. After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefore to the Obligee; or b. Deny liability in whole or in part and notify the Obligee citing reasons therefore. LMIC-5100 Page 1 of 2 Rev. 03/04 2. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held liable to, or in any other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or to any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any public authority or for bodily injuries or property damage to any person or thing, including, but not limited to, injury or damage due to the release or threat of release of hazardous substances of any kind or damage to real estate or to the environment or clean-up costs or other damages of whatever kind or nature arising out of any act of commission or omission by the Principal, the Principal's agents, servants, employees, subcontractors or suppliers or any other person in connection with the performance of the Contract. This limitation applies regardless of when any such fine is assessed, claim is made, or injury, damage, release or threat of release occurs and without regard to any term or condition of the Contract. 3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee. 4. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which the Principal ceased to work on the Contract or such time period as otherwise permitted by relevant statute. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. 6. Any claims must be presented in writing to Liberty Mutual Insurance Company to the attention of the Surety Law Department at the above address. DATED as of this 13th day of Julv , 2005 WITNE~TTEST ~~ Reeke-Marold Company, Inc. (Principal By: (Seal) By: ~ ~?: 7:7/;J,~~./E..r Attorney-in-Fact Nola E. Miller (Seal) AI:Y correspondence in relation to this bond stKluld be directed to, U2.~:[~iY r'flUTUAL SURETY DEPT. - 2360 8017 Wi 54402-8011 .; .~'.i.,)-/::35-!-~401 LMIC-5100 Page 2 of 2 Rev. 03/04 ~,.:' Lib, ert): ~ MutualM Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644 Ph. (610) 832-8240 PAYMENT BOND Bond Number: 354-019-037 KNOW ALL MEN BY THESE PRESENTS, that we Reeke-Marold Company, Inc. 1337 South Broadway, P.O. Box 2245. Green Bay, Wisconsin 54306 , as principal (the "Principal"), and Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto City of Oshkosh 215 Church Avenue. P.O. Box 1130, Oshkosh, Wisconsin 54903-1130 , as obligee (the "Obligee"), in the penal sum of Eiqhty Eiqht Thousand One Hundred Forty Eiqht and no/100----------------------------- Dollars ($88,148.00 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated the 15th day of June entered into a contract (the "Contract") with the Obligee for HVAC Upqrade Wastewater Treatment Facility, City of Oshkosh, Wisconsin , 2005 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly make payment to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; othelWise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. A "Claimant" is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, who has not been paid in full before the expiration of a period of ninety (90) days (or such lesser or greater time period as othelWise permitted by relevant law) after the date on which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: (a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to the Principal and the Surety within ninety (90) days (or such lesser or greater time period as othelWise permitted by relevant law) after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in separate envelopes addressed to the Principal and Surety. The Principal may be served at any place where an office is regularly maintained for the transaction of business, or in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. The Surety may be served to the attention of The Surety Law Department at the above-listed address. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. LMIC-5200 Page 1 of 2 Rev. 03/04 (c) After the expiration of one (1) year (or such lesser or greater time period as otherwise permitted by relevant law) following the date on which the Subcontractor provided the last labor and/or materials to the project. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4. Surety shall have no liability to any Claimant under this Bond for any amount unless it is due and owing to the Claimant by the Principal pursuant to the express terms of the contract between the Principal and Claimant or, if the Claimant does not have a direct Contract with Principal, pursuant to the terms and conditions of the Contract between the Claimant and the Subcontractor to the Principal. The Bond incorporates all of the Principal's contractual defenses, including but not limited to pay-if-paid provisions, whereby payment to the Claimant is subject to the condition precedent of the Obligee's payment to the Principal, and other limitations on amounts due under the contract between Principal and Claimant. 5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens, which may be filed of record against such improvement, whether or not a claim for the amount of such lien be presented under and against this bond. DATED as of this 13th day of Julv , 2005 WITNESS / ATTEST _~c~ Reeke-Marold Company, Inc. (Principal (Seal) By: By: (Seal) Ls cj~'.~;c~,i,:;d to, I/UTUt\L SURETY (: ;::: ~T. - 2360 '.'~ ,'; [i ;~>~ i~:G ~ '7 _',C.t" "(\:i E:,(iiW2-8017 "S,,:/:(}1 LMIC-5200 Page 2 of 2 Rev. 03/04