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Home My WebLink AboutPW 09-21 Buteyn-Peterson Construction COCONSTRUCTION CONTRACT THIS AGREEMENT, made on the 23rd 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 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. 09 -21 for Oakwood Road Storm Water Facility and appurtenant work, for the Public Works Department, pursuant to Resolution 09 -370 adopted by the Common Council of the City of Oshkosh on the 22nd 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. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $386,816.71, 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 1 I w SF — P 2009 s -, J THIS AGREEMENT, made on the 23rd 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 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. 09 -21 for Oakwood Road Storm Water Facility and appurtenant work, for the Public Works Department, pursuant to Resolution 09 -370 adopted by the Common Council of the City of Oshkosh on the 22nd 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. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $386,816.71, 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 1 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 -P ERSON CONST CO., INC. By: Y . (Seal of C tractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH LEA,.,.. � . Mark A. Rohloff, City Managerl And: Pamela R. Ubrig, City Clerk I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. f W V, 3 Bond No. 354- 019 -276 PERFORMANCE BOND KNOW ALL'MEN BY THESE PRESENTS, that Buteyn- Peterson Construction Co., In c. , 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 Three Hundred Eighty -Six Thousand Eight Hundred Sixteen and 71/100 (Dollars) ($ 386,816.71 ) 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 None WHEREAS, the said Buteyn- Peterson Construction Co., in -did, on the 23rd day of _ September , 20 09 , by articles that date, enter into a Contract with the Owner for the Public Works Contract No. 09 -21 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 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 Owner 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 or modifications of the Contract shall not in any way release the sureties of this bond. WITNESS OUR HANDS AND SEALS this 23rd day of September , 27 SEAL) SEAL) Connie S. Smith, Witness Liberty Mutual Insurance Company ney -in -Fact EAL) 2 In the Presence of: If— ClinnHf• 4nQR7A IAIIADC70A4 ACOR CERTIFICATE OF LIABILITY INSURANCE 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 09/2412009 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 EXPIRATION DATE MM D LIMITS • INSURERS AFFORDING COVERAGE NAIC;i INSURED INSURERA: 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: $300 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 SR LTR ADD'L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DAT M DD POLICY EXPIRATION DATE MM D LIMITS • GENERAL LIABILITY YYJY91509175139 01/01/09 01/01/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED SES 1E. $300 CLAIMS MADE a OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 • PD Ded:5,000 GENERAL AGGREGATE $2 OOQ 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG s2,000,000 POLICY PRO LOC JECT • AUTOMOBILE LIABILITY X ANY AUTO ASJY91509175129 01/01/09 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 - OWNEDAUTOS PROPERTY DAMAGE (Per accident) $ X Drive Other Car GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESSIUMBRELLA LIABILITY 23649304 01/01/09 01/01/10 EACH OCCURRENCE s3,000,000 X OCCUR FI CLAIMS MADE AGGREGATE s3.000.000 $ DEDUCTIBLE $ X RETENTION $ 10000 A WORKERS COMPENSATION AND WCJY91509175119 01101/09 01/01/10 X T FV GIT% FR EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000000 OFFICER/MEMBEREXCLUDED? 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 251 CHURCH AVE PO BOX 1130 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 _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 INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 3 #S424408/M411995 CKO 0 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 #S4244081M411995 AMS 25.3 (2001/08) 3 of 3 #S424408/M411995