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HomeMy WebLinkAboutPW CNT 09-13 Buteyn-PetersonY CONSTRUCTION CONTRACT SEP 3 ®2209 T V' NN THIS AGREEMENT, made on the 9th day of September, 2009, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and BUTEYN- PETERSON CONSTRUCTION CO., INC., N7337 Dairyland Dr., Sheboygan, WI 53083, 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 L 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. 09 -13 for Tipler stormwater improvements and appurtenant work, for the Public Works Department, pursuant to Resolution 09 -362 adopted by the Common Council of the City of Oshkosh on the 8th day of September, 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 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. PAYME (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $562,369.15, 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 it ■ a 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 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. This Instrument 2. The City's Approved Plans 3. Specifications, including any addenda 4. General Conditions 5. Instructions to Bidders 6. Advertisement for Bids 7. 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 2 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 BUTEYN -PE RS CONSTR. CO., INC. By: iiaxi_ (Seal of Contractor (Specify Title) If a Corporation.) r � By: (Specify Title) r CITY OF OSHKOSH By : Ma °k A. Rohloff, City Manager 1t'I:4F 1�_VIA% • • - 1 APP,,ROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City Com�tWler 3 BOND #354 -019 -272 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Buteyn- Peterson Construction Co., Inc , Contractor, as principal, and Liberty Mutual Insurance Company ,as surety, are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of Five Hundred Sixty -Two Thousand Three Hundred Sixty -Nine and 15/100 (Dollars) ($ 562,369.15 * . * * * ** ) to be paid to the Owner for which payment well and truly to be made we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns firmly to these presents. THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that N/A WHEREAS, the said Buteyn- Peterson Construction Co., Inc did, on the 2nd day of September , 20 , by articles that date, enter into a Contract with the Owner for ti ie City Contract 09 -13 - Tipler Stormwater Improvements NOW, THEREFORE, if the said Contractor shall save and hold hanniess the said Owner from all public liability and damages of every description in connection therewith, shall well and faithfully in all things fulfill the said Contract, according to all the conditions and stipulations therein contained, In all respects, and shall save and hold harmless the said Ov ner from and against all liens and claims of every description in connection therewith, including payment for all materials, labor and equipment, then this obligation shall be void and of no effect, but otherwise, it shall remain in full force and virtue, and in the event that the said Owner shall extend the time for completion of the work or otherwise modify elements of the Contract in accordance with provisions thereof, such extensions of time er modifications of tho Contract shall not in any way release the sureties of this bond. Client#: 108874 IAMPETSO1 ACORD CERTIFICATE OF LIABILITY INSURANCE 09/0412009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher RMS, Inc, 18000 W. Sarah Lane, Suite 100 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Brookfield, WI 53045 POLICY NUMBER POLICY EFFECTIVE DATE (.MID Y POLICY EXPIRATION DATE MM/DDNY INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Wausau Underwriters Insurance Compan 26042 JAMES PETERSON SONS INC INSURER B: AIG Casualty Company 19402 N2251 GIBSON DR; PO BOX 120 MEDFORD , WI 54451 INSURER C: INSURER D: INSURER E: DAMAGE TO RENTED nce 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. N R LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (.MID Y POLICY EXPIRATION DATE MM/DDNY LIMITS • GENERAL LIABILITY YYJY91509175139 01101109 01/01/10 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED nce $3;0 CLAIMS MADE a OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 • PD Ded:5,000 GENERAL AGGREGATE s2,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000,000 POLICY PRO- CT LOC • AUTOMOBILE LIABILITY X ANY AUTO ASJY91509175129 01/01109 01/01/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ X Drive Other Car GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS /UMBRELLA LIABILITY 23649304 01/01/09 01/01/10 EACH OCCURRENCE $2 000 000 X OCCUR ❑ CLAIMS MADE AGGREGATE s2,000,000 $ H DEDUCTIBLE $ X RETENTION $ 10000 A WORKERS COMPENSATION AND WCJY91509175119 01/01/09 01/01!10 X OR LIM U- O R EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS **** Supplemental Name ** Name Printed on DEC Page: JAMES PETERSON SONS INC Name Printed on DEC Page: BUTEYN- PETERSON CONSTRUCTION COMPANY INC Name Printed on DEC Page: PETERSON & SONS LLC (See Attached Descriptions) CITY OF OSHKOSH 215 CHURCH AVE OSHKOSH, WI 54903 -1130 SHOULD ANY OF THE ABOVE DESCRIBED 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 AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 3 #S422630/M411995 CKO © ACORD CORPORATION 1988 E 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 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. 2. 3. 4. 5. 6. 7. This Instrument The City's Approved Plans Specifications, including any addenda General Conditions Instructions to Bidders Advertisement for Bids 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 2 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 .]�(M1 BUTEYN -PE RSON CONSTR. CO., INC. By: CITY OF OSHKOSH r By. Ma k A. Rohloff, City Manager I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City Coml S9611er 3 BOND #354 -019 -272 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Buteyn- Peterson Construction Co., Inc , Contractor, as principal, and Liberty Mutual Insurance Company ,as surety, are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of Five Hundred Sixty -Two Thousand Three Hundred Sixty -Nine and 15/100 (Dollars) ($,_562,369.15 * * * * * * * * * ** to be paid to the Owner for which payment wall and truly to be made we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns firmly to these presents. THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that N/A WHEREAS, the said Buteyn- Peterson Construction Co., Inc did, on the 2nd day of September , 20 , by articles that date, enter into a Contract with the Owner s or tl ie City Contract 09 -13 - Tipler Stormwater Improvements NOW, THEREFORE, if the said Contractor shall save and hold harmless the said Owner from all public liability and damages of every description in connection therewith, shall wc'I and faithfully in all things fulfill the said Contract, according to all the conditions and stipulations therein contained, in all respects, and shall save and hold harmless the said Ov, ner from and against all liens and claims of every description in connection therewith, including payment for all materials, labor and equipment, then this obligation shall be void and of no effect, but otherwise, it shall remain in full force and virtue, and In the event that the said Ownor shall extend the time for completion of the work or otherwise modify elements of the Contract In accordance with provisions thereof, such extensions of time car modifications of the Contract shall not in any way release the sureties of this bond. WITNESS OUR HANDS AND SEALS this 2nd day of September 1 20 09 In the Presence of: Buteyn -Peter n Construction C ►nc. __ (SEAL) By Mutual Insurance SEAL) By 111 & ( SEAL) Sl t ty Liz Mosca, Attorney -in -Fact 2 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of On this day of in the year 20 , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument, and acknowledge(s) to me that he executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of On this day of , in the year 20 , before me personally come(s) a member of the co- partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co- partnership. State of County of Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) } On this day of in the year 20 , before me personally come(s) to me known, who, being duly sworn, deposes and says that he resides in the City of that he is the of the the corporation described in and which executed the foregoing instrument,and that he signed his name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of Wisconsin County of St. Croix On this 2 nd come(s) L Mosc day of September , in the year 2009 , before me personally Attorney(s) -in -Fact of Liberty Mutual Insurance Company with whom I am personally acquainted, and who, being by me duly sworn, says that he /she reside(s) in Hudson, WI that he /she is (are) the Attorney(s) -in -Fact of company Liberty Mutual Insurance Company the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and eal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said ,p ItIgl he signed said instrument as Attorney(s) -in -Fact of the said Company by like order.� (�� (j MOLLI J. HANSEN z Notary Public 2 Client#: 108874 IAMPETSO1 ACORD CERTIFICATE OF LIABILITY INSURANCE 09/04/2009 (MMIDDIYYYY) PRODUCER Arthur J. Gallagher RMS, Inc, 18000 W. Sarah Lane, Suite 100 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. Brookfield, WI 53045 DD' NSR TYPE OF INSURANCE POLICY NUMBER INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Wausau Underwriters Insurance Compan 26042 JAMES PETERSON SONS INC INSURER B: AIG Casualty Company 19402 N2251 GIBSON DR; PO BOX 120 MEDFORD , WI 54451 INSURER C: $100 0000 INSURER D: s300 INSURER E: X COMMERCIAL GENERAL LIABILITY 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. I R LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM D/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY YYJY91509175139 01/01/09 01/01/10 EACH OCCURRENCE $100 0000 DAMAGE TO RENTED s300 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1 000 000 X PD Ded:5,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000 POLICY F JE LOC A AUTOMOBILE LIABILITY ANY AUTO ASJY91509175129 01/01/09 01/01/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X X PROPERTY DAMAGE (Per accident) $ Drive Other Car GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN - EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS /UMBRELLA LIABILITY 23649304 01101109 01/01/10 EACH OCCURRENCE s2,000,000 X OCCUR D CLAIMS MADE AGGREGATE s2,000,000 $ DEDUCTIBLE $ X RETENTION $ 10000 A WORKERS COMPENSATION AND WCJY91509175119 01/01/09 01/01/10 X WC STATU- OTH- E.L. EACH ACCIDENT $1,000,000 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS **** Supplemental Name ** Name Printed on DEC Page: JAMES PETERSON SONS INC Name Printed on DEC Page: BUTEYN- PETERSON CONSTRUCTION COMPANY INC Name Printed on DEC Page: PETERSON & SONS LLC (See Attached Descriptions) CITY OF OSHKOSH 215 CHURCH AVE OSHKOSH, WI 54903 -1130 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL '10_ DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL W NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 3 #S422630/M411995 CKO © ACORD CORPORATION 1988 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 -S (2001108) 2 of 3 #S422630/M411995 DESCRIPTIONS Continued from Page 1) Name Printed on DEC Page: JAMES PETERSON SONS UTILITY DIVISION JAMES M & R PETERSON, GRANDCHILDREN Insured Multiple Names: Taylor Farm Development Company, LLC I PROJECT: CITY CONTRACT 09 -13 - TIPLER STORMWATER IMPROVEMENTS CITY OF OSHKOSH IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF OPERATIONS PERFORMED BY THE NAMED INSURED PER ENDORSEMENT GL0492. AMS 25.3 (2001108) 3 of 3 #S422630/M411995