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HomeMy WebLinkAboutPW CNT 10-22 Dorner, Inc ct. CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 13th day of October, 2010, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and DORNER, INC., E506 Luxemburg Rd., PO Box 129, Luxemburg, WI 54217, 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. 10 -22 for 2010 Sanitary Manhole Rehabilitation Program and appurtenant work, for the Public Works Department, pursuant to Resolution 10- 324 adopted by the Common Council of the City of Oshkosh on the 12th day of October, 2010, 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 $564,424.88, 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. City of Oshkosh Standard Specifications 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 DORNER, INC. By: i r pCe S(A.e (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: ,/ (' Mar Rohloff, City Manager ( it" a s) e 1 = A. If 1 • 1 /. � And Jr AN L.: � � • r (Witness) Pamela R. Ubrig, City C erk APPROVED: I hereby certify that the necess- r" ary provisions have been made to pay the liability which will accrue 1n ._ l .�lr --' CCity Atto - under this contract. City Co' ' t g Iler 3 DATE (MM /DD /YYYY) AC CERTIFICATE OF LIABILITY INSURANCE 10/12/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Aon Ri sk Services Central, Inc. Green Bay WI Office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 111 N. Washington Street, Suite 300 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE P. O. Box 23004 COVERAGE AFFORDED BY THE POLICIES BELOW. Green Bay WI 54305 -3004 USA PHONE -(920) 437-7123 (920) 431-6345 INSURERS AFFORDING COVERAGE NAIC # FAX INSURED INSURER ACUITY, A Mutual Insurance Company 14184 •• L E506 Luxemburg Road INSURERS 506 P. O. Box 129 INSURER C: u Luxemburg WI 54217 USA --o INSURER D - . >.. or . INSURER E C 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. LIMITS SHOWN ARE AS REQUESTED INSR ADD'L LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM /DD /YYYY) DATE(MMIDD/YYYY) A GENERAL LIABILITY F65489 06/01/2010 06/01/2011 EACH OCCURRENCE $1,000,000 PACKAGE - COMMERCIAL X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100,000 PREMISES (Ea occurrence) CLAIMS MADE ® OCCUR MED EXP (Any one person) 55,000 X Contractual Liab m PERSONAL & ADV INJURY $1,000,000 n © XCU VD GENERAL AGGREGATE 51,000,000 rb V GEN'L AGGREGATE LIMIT APPLIES PER Ct PRODUCTS - COMP /OPAGG $1,000,000 g El POLICY ® © PRO- LOC JECT o iri A AUTOMOBILE LIABILITY F65489 06/01/2010 06/01/2011 COMBINED SINGLE LIMIT C X ANY AUTO PACKAGE - COMMERCIAL (Ea accident) $1,000,000 Z ' — a7 ALL OWNED AUTOS et BODILY INJURY '' SCHEDULED AUTOS ( Per person) t 'P . : T.: X L. HIRED AUTOS BODILY INJURY V X NON OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT e ANY AUTO — OTHER THAN AUTO ONLY: EA ACC AGG A EXCESS / UMBRELLA LIABILITY F65489 06/01/2010 06/01/2011 EACH OCCURRENCE $10,000,000 PACKAGE - COMMERCIAL © OCCUR ❑ CLAIMS MADE AGGREGATE $10,000,000 B DEDUCTIBLE RETENTION A F65489 06/01/2010 Ub /U1 /LUll _ WORKERS COMPENSATION AND X ( TORY L1M IT I EMPLOYERS' LIABILITY y/N PACKAGE - COMMERCIAL E.L. EACH ACCIDENT $100, 000 =- ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $100,000 (Mandatory in NH) E.L. DISEASE- POLICY LIMIT S500,000 If yes, describe under SPECIAL PROVISIONS below OTHER 0 .i ..ti DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS - RE: 2010 SANITARY MANHOLE REHABILITATION PROGRAM, OSHKOSH, WI. CITY OF OSHKOSH AND ITS OFFICERS, COUNCIL MEMBERS, V AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS AS ADDITIONAL INSURED. TWO CERTIFICATE HOLDER CANCELLATION CITY OF OSHKOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 215 CHURCH AVENUE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL OSHKOSH WI 54903 -1130 USA 30 DAYS WRI I IEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, e " BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. �.. AUTHORIZED REPRESENTATIVE cS�Om a - . 2.1e5 be4exo Ciles . �M ACORD 25 (2009/01) ©1988 -2009 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD •u1111 WISCONSIN SOCIETY OF ARCHITECTS `le,01III),� THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AIA DOCUMENT o JULY 1980 ED. WIS. A312 co to N PUBLIC IMPROVEMENT 7 PERFORMANCEILABOR AND MATERIAL PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779.14 WISCONSIN STATUTES. Bond No.1000840135 a 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) DORNER, INC. E506 Luxemburg Road Luxemburg WI 54217 -0129 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 Airport Blvd., 9th Floor Los Angeles CA 90045 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 215 Church Avenue Oshkosh WI 54903 -1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Five Hundred Sixty Four Thousand Four Hundred Twenty Four and 88/100Dollars ($ 564,424.88 ), (Here insert • sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these.preserits. WHEREAS, DORNER, INC. Principal has by written agreement dated 10/13/2010 , entered into a contract with Owner for 2010 Sanitary Manhole Rehabilitation Program, Oshkosh, Wisconsin. in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes. D 8 The said written agreement, drawings, specifications and amendments ins are hereinafter referred to as the Contract. a PUBLIC IMPROVEMENT 'O PERFORMANCE / LABOR - MATERIAL BOND TWO PAGES 'e, WIS. AIA DOC. WIS. A3I2AUGUST. 1989ED. PAGE I Copr. 1969 Wisconsin Society of Architects /AIA 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 Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 13th day o f October , 2010 IN THE PRESENCE OF: DORNER, INC. ^1Y f iPAP 1` SD r s" (Seal) Wham T .: Presi e ryf - AMERICAN CONTRACT NDEMNITY COMPANY IMO or IT `� CJ.✓�/Y` L_ / — s,: 4. V / (seal) T1 w11° ; Kelly Cody Attomey -in -Fact APPROVED BY IN THE PRESENCE OF: Owau Br: (seal) witae.. Tide: *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 AUGUST 1989 ED. PAGE 2 POWER OF ATTORNEY AMERICAN C O$nnM TORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: Kelly Cody of Green Bay, Wisconsin its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed * * ** *2,000,000.00 * * * ** Dollars ($ * *2,000,000.00 ** ). This Power of Attorney shall expire without further action on March 18, 2011. This Power of Attorney is granted under and by authority' of dile fbllt wing resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that The President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall, be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15 day of July, 2008. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals wood& Ect4 3 11[01111 ID T 1cT6 m co, a sI L • +* By: e i�` '...1 . I. . -^ b' EA ,. V., a / ' D h 1-.,,, Y Daniel P. gullor, Vice President State of California County of Los Angeles SS: On this 15 day of , July, 2008, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American CoOtractOrtt Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the bt $tis hf s ti tctory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he exeduted the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J jr .' ;T..- on *MO y202 Signature ,�•!I!!1 c./1 t_ mac. --� (Seal " ""°'v""M° - Commis S i r ew�t L 'Angst** Counts I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed bye i saiii 'Itoopanies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the l?owot 'Iof ltxbl ,y are in full force and effect. In Witnesp Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 1 ? day of n( h Pr ,2010. Corporate Seals j f ,/'` ") 0 uo 44 T F Bond No. o(�rys�a7 /5 1 SEAL Jeannie J. Kim, Assistant Secretary sr�rral�o r o^ �' d Agency No. 11244