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HomeMy WebLinkAboutContract 09-02 Carl Bowers adn sonsr CONSTRUCTION CONTRACT II JAN 2 2 2009 CITY CLERK'S QFFICE THIS AGREEMENT, made on the 14th day of January, 2009, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARL BOWERS & SONS CONSTR. CO. INC., N1844 Maloney Road, Kaukauna, WI 54130 party of the second part, hereinafter referred tows 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: for Sawyer Creek Sanitary Interceptor and Water Main, Public Works Contract No. 09 -02, pursuant to Resolution 09- , adopted by the Common Council of the City of Oshkosh on the13th day of January, 2009, 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 IL 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 $652,382.50, 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, payto 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. 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 CARL BOWERS & SONS CONSTR. CO. INC. j � - By. c` _ CISIV (Seal of Contractor (Specify Title if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: �7czlO Ma A. Rohloff, City Manager (KAess And: (W ess) Pamela R. Ubrig, Cit Clerk APP OVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. y Attorn City C mp oller 3 WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS a a, WIS. AIA DOCUMENT °. JU LY 1980 ED. WIS. A312 E- PUBLIC IMPROVEMENT N PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND 0 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) Carl Bowers & Sons Construction Co., Inc - N1844 Maloney Road - Kaukauna WI 54130 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) O1d.Republic Insurance Company - P 0 Box 941 - Brookfield WI 53008- 0941 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) City of Oshkosh P 0 Box 1130 - Oshkosh WI 54903 -1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amountof Six hundred fifty -two thousand three hundred eighty -two and50/ 100----------------------------------- - - - - -- - -- (Here insert a sum at least equal to the contract price) Dollars ($5 5 2, 3 8 2. 5 0, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 1/14/09 , entered into a contract with Owner for in accordance with drawings and specifications prepared by (Here insert full name, title and City of Oshkosh - P 0 Box 1130 - Oshkosh WI 54903 -1130 which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes. Public Works Contract 09 -02 Sawyer Creek Sanitary Interceptor and Water Main o in The said written agreement, drawings, specifications and amendments_ N a are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT TWO PAGES H PERFORMANCE/ LABOR - MATERIAL BOND WIS. AIA DOC, WIS. A312AUGUST. 1.989FD. PAGE I p Copr. 1969 Wisconsin Society of Architects/ AIA d 321 S. Hamilton St. Madison, Wis. 53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Contract, or change in the work covered thereby, or any extension of time for the completion of the Con- tract shall release the sureties on the bond. 2) Not later than one year after the completion of work under the Contract, any party in interest may maintain an action in his own name against the Principal and the Surety upon this bond for the recovery of any damages he may have sustained by reason of the failure of the Principal to comply with the Contract or with the Contract between the Principal and his subcontractors. If the amount realized on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the parties pro rata. Signed and sealed this 14th day of January 2 0 0 9 IN THE PRESENCE OF: Ca rl Bowers & Sons Construction Co ". In1 Principal By: u p :'T (Seal). Witness Title: Old Republic Insurance Company Name of rety , SuAL ; i Witness Title: P wer of Attorney \ p Oi i PluNSriJP"`.` APPROVED BY* IN THE PRESENCE OF: Owner B (Seal) Witness Title: *This bond shall be approved in the case of the state by the state official authorized to enter into such con -, tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/ LABOR - MATERIAL BOND TWO PAGES WIS. AIA DOC. WIS. A312 AU GUST 1989 ED. PAGE 2 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 PO ICY EF LTR NS TYPE POLICY NUMBER POLICY EXPIRATION I LIMITS GENERAL LIABILITY EACH OCCURRENCE , _$ 1, 000, 000 A X COMMERCIAL GENERAL LIABILITY BC184010 04/01/2008 E TO 04/01/2009 ' P MSES(Eaaux $ 10 0,000 CLAIMS MADE Fx� OCCUR MED EXP (Arty one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 , 000, 000 GEWL AGGREGATE LIMIT APPLIES PER: I PRODUCTS- COMP /OPAGG $ 2,000,000 X POLICY n PROT LOC AUTOMOBILE LIABILITY A X ANY AUTO CA184011 04/01/2008 04/01/2009 COMBINED SINGLE LIMIT (EaTide "t) $ 500,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Perp ) $ HIRED AUTOS I NON-OWNED AUTOS BODILY INJURY (Per accident) I $ PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG EXCESSAJMBRELLALIABILITY ( EACH OCCU RRENCE 5,000, A X OCCUR CLAIMSMADE CL3184012 04/01/2008 04/01/2009 _ AGGREGATE .T _$ $ 5,000,000 - $ DEDUCTIBLE A' RETENTION $10,000 I $ I WORKERS COMPENSATIONAND WC STATU- TH- O A i ANY PROPRIET OWPAR NYPR PMETIA PAR TNERIEXECUTIVE WC219590 04/01/2008 04/01/2009 IT E.L. E.L7EACH IDENT $ 500,000 III 1 OFFICERJMEMBER EXCLUDED? yes, dewdbe under 1 E.L EA EMPLOYE E $ 500,000 SPECIAL PROVISIONS below I I - - E.L. DISEASE - POLICY OMIT $ - � - 500,000 OTHER DESCRIPTION OF OPERATIONS J LOCATIONS f VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Oshkosh elected or appointed officials, and employees as additional insureds - Sawyer Creek Sanitary Interceptor and Water Main CFRTIFlC�T'FNnlnGe -- -- -- City of Oshkosh 215 Church Ave - P 0 Box 1130 Oshkosh, WI 54903 -1130 25 SHOULD ANY OF THE ABOVE DESCREED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ��D REPRESENTATIVE TIVE TION 1988 JAN -07 -2009 20:47 920 7B8 5946 920 788 5946 P.02iO3 JAN -07 -2009 20:47 920 788 5946 920 788 5946 P.03iO3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001 1081 ACOR .. CERTIFICATE OF LIABILITY INSURANCE 4/8 009 PRODUCER (920) 324 -2071 FAX: (920) 324 -5057. SIA Insurance Services 999 West Main St. P. 0. Box 72 Wau un WI 53963 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Carl Bowers & Sons Construction Co., Inc N1844 Maloney Road Kaukauna WI 54130 INSURER A: General Casualt INSURER B: INSURER C: INSURER D: INSURER E: OVERAGES 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 ADD'L TYPE OF INSURANCE - POLICY NUMBER DATEYMM /DDNYE POLICY DATE MM /DDNY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR CCI 0700591 EACH OCCURRENCE $ 1,000,000 DAM MISES Ea occurrence AGE TO RENTED PRE $ 100 � 000 MED EXP (Anv one erson $ 5,000 PERSONAL & ADV INJURY $ 1, GENERAL AGGREGATE $ 2 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY J LOC PRODUCT - COMP /OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS CBA 0700590 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESSlUMBRELLALIABILITY X OCCUR D CLAIMS MADE DEDUCTIBLE RETENTION CCU 0700588 OCCU RRENCE $ 5,000,_000 AGGREGATE $ 5,000,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below CWC 0700598 - X T RY LIMIT O R E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500 , 000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Oshkosh is added as an additional insured, as required by written contract, to the General Liability per CG 8103 with respect to work.performed by the insured. Project: Contract 09 -04' Concrete Paving /Utilities CERTIFICATE HOLDER !i CANCELLATION I SF�OULQ ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .0 w CITY OF OSHKOSH t E PIRA;fIQN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 215 Church Avenue S. " n 6� (EQ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT PO Box 1130 L 0 009 Oshkosh, WI 54903 -113 ' FAILURE 0 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 'INSURER, ITS AGENTS OR REPRESENTATIVES. 3 s AUYFYOT iAD REPRESENTATIVE ,� � � � a • � Daniel Zeratsky AGUFiU za (ZUUIIUU) © ACORD CORPORATION 1988 INS025 (0108).08a Page 1 of 2