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HomeMy WebLinkAboutcontract 09-04 carl bowers reso 09-104 4/14/09r` CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 15th day of April, 2009, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as BOWERS &. SONS CONSTRUCTION CO., INC., N1 44 Maloney Rd., 54130, 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 .described in a labor necessary, and to perfor m all of the work shown on the plans an the specifications for the project entitled or described as follows: fo r concrete paving and utility projects, Public Works Contract No. 09-04, pursuan the t 4th Resolution 09 -, adopted by the Common Council of the City of Oshkosh day of April, 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 li. TIME OF COMPLETION The work to be performed under this contract shall be commenced and completed within the time limits specified in the General Conditions and/or Contractor's proposal. ARTICLE III: PAYMENT (a) The Contract Sum. i shall a to the Contractor for the performance of the contract the sour any The City pay Y $3,316,425.15, adjusted by any changes as provided in the General Conditions, changes hereafter mutually agreed upon in writing by a on ties hereto, o , basis, the however, in the event the proposal and contract documents to the above mentioned figure is an estimate a con d the e am t ountsl l determi determined fort he total Contractor for the performance of th number of each of the units of work as set forth in the Contractor's proposal; be made oet units therein contained is approximate only, and the payment the work covered e actual number of units that are incorporated in or made necessary 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 to the City l on of any law or administrative regulation, and shall indemnify or refund 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. This Instrument 2.: Contractor's Proposal 3.. Plans 4. Specifications, including any addenda 5. Instructions to Bidders 6. Advertisement for Bids 7. General Conditions 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 CONSTRUCTION CO, INC. By: (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH M k A. Rohloff, City Manager i e And: (Wi ss) Pamela R. Ubrig, City Cler APPROVED: i hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. OC tryAttorne City Comp oiler 3 04/08/2009 16:55 FAX 9203245057 SIA INSURANCE SERVICES 1 4 11 .�c xc� ut CERTIFICATE OF LIABILITY PR ODUCER (920) 324 : (920) 324 -5057 SIA Insurance Services 999 West Main St • INSURANCE 4�8 009 ' 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. P. O. Box 72 Wau un 'GPI 53963 INSURERS AFFORDING COVERAGe NAIC # INSURED INSURER A: General Casual ,Carl Bowers iii Sons INSURER B; C OnStructicn Co., Inc INSURER C: N1844 Maloney Road INSURER A; Kaukauna WI 54130 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. STE LIMITS SHOWN MAY HAVE a 4 REDUCEO 81 PAID CLAIMS, NOR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EPVel", w£ DATE MM DD POLIOY EXPIRATION DATE MMlOD LIMITS GENERAL LIABILITY F 1,000,000 A COMhIERCIALCiENERALL(ABIUTY CLAIMS MADE ® OCCUR CCY 0700591 DAMAGE TO RENTED :0 o=Urmnael $ 104,004 one person) $ 5 ,000 PER $ 1 - N S 2,000,000 GEN'L AGGREGATE LIMIT APPI..IES PER POLICY PE O• tOC -PRODUCTS - COM PIOP AGG $ 2,000, AUTOMOBILE LIABILITY X ANY AUTO COMBINED SINGLE LIMIT (Po ecoldent) $ 1,000,000 A ALL OWNED AUTOS SCHEDULED AUTOS cSA 0700590 BODILY INJURY (Per person) " HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Paraaaidem) S PROPERTY DAMAGE (Per a Jdent) $ GARAGE LIABILITY AU ONL - DA ACCIDENT $ _ OTHER THAN -A A ` $ ANY AUTO AUTO ONLY: S A EXCESSIUMBRELLA LIABILITY $ OCCUR F�CLAIMSMADE CCU 0700598 EACH OCCURREUQF—_ S 5,000,000 AGGREGAT $ 5,00 0,000 DEDUCTIBLE RETENTION WORKERS COMPENSATION AND 6MFLOYER$' LIABILrTY WC TATU• 0TH I TORN rL (111I5. -12 ,L. EACH ACCIDENT $ 500,000 _k ANY PRDPR F- 70PJPARTNER/EXECUTIVE OFF(CERIMEMBER EXCLUDED? If yar,, O=wibo undur CRC 0700588 E.L. DISEASE - EA EMPLOYEE $ 500 ,000 E.L. DISEASE • POLICY LIMIT 500,000 S O 3 OTHER DESCRIPTION OF OPERATIONSILOCATION 8NEHIPLEBIEXCLUSIQN8 AD13r=D BY ENDDRSEMENT!&PECIAL PgOVISIONS The City of Oshkosh is added as an additional insured, as requi,rOlt try writt *4 00ntr40t, t0 the General Liability per CG 8103 with rOSPOct tO Work p4rf0=*d by the inured_ Project; Contract 09 -04 Concrete Paving / Utilities CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, WI 54903 -1130 25120011081 /I1.�4 V f.•IwR..Y•s S HOULC' ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA'` ION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 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 AUTHORIZED REPRESENTATIVE nanie:l Zeratsky ...,..•......,.., INS025 v...�.,viv iaoo (oios}.oae I'a9e 1 of 2 yt * Bond # MCN1183341 * PAYMENT BOND k * The American Institute of Architects, AIA Document No. A312 it ** (December, 1984 Edition). Any singular reference to Contractor, Surety, �r Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Carl Bowers & Sons Construction, Inc Old Republic Surety Company N1844 Maloney Road P O Box 941 Kaukauna WI 54130 Brookfield WI 53008 -0941 OWNER (Name and Address): City of Oshkosh City Clerk's Office 215 Church Street, P O Box 1130 Oshkosh WI 54903 -1130 CONSTRUCTION CONTRACT Date:April 15, 2009 Amount: $3,316,425.15 Description (Name and Location): City Contract No. 09 -04 -Concrete Paving/Utilities BOND Date (Not earlier than Construction Contract Date):April 15, 2009 Amount: $3,316,425.15 Modifications to this Bond: ® None © See Page 2 CONTRACTOR AS PRINCIPAL SURETY ueue Company; (Corporate Seal) Company: (' Carl Bowers & Sons Construction, Inc Old Republic Surety Company Signature: �� r Signature, Name and Title: Name and Title: i � .i Brady May Attorney -in -Fact (Any additional signatures appear on Pape 2.) (FOR INFORMATION ONLY- -Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void If the Contractor: 2.1 Promptly makes payment, directly or Indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim_ 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and 2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Omer, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. oRIc22114 -ss) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work, 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction In the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: Signature: — Name and Title: Address: Page 2 of 2 (Corporate Seal) SURETY (Corporate Seal) Company: