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HomeMy WebLinkAboutLaubenstein, Inc AGREEMENT THIS AGREEMENT, made on the /j(day of March 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and LAUBENSTEIN, INC, PO BOX 458, CEDARBURG, WI 53012, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: John Sekeres, Laubenstein, Inc. B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: Greg Maxwell, Maintenance Supervisor ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the Bid Solicitation. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. 1 ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits as mutually agreed upon between the parties at the pre - construction meeting. The Contractor shall perform the services under this agreement with reasonable diligence and expediency consistent with sound professional practices. The City agrees that the Contractor is not responsible for damages arising directly or indirectly from any delays for causes beyond the Contractor's control. For the purposes of this agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters, failure of performance by the City, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the Contractor to perform its services in an orderly and efficient manner, the Contractor shall be entitled to an equitable adjustment in schedule. ARTICLE VI. 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. City of Oshkosh Single -Ply Roofing System Bid Solicitation (published 12/27/2010), including Addendum #001 (Dated 1/12/2011) 2. This Instrument 3. Contractor's Bid 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. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the total sum of $118,896.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with 2 the work covered under the subject amendment. ARTICLE VIII. 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 IX. INSURANCE The Contractor agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. 3 In the Presence of: CONTRACTOR By: K ze 'fL i (/ [ f : / le,2-11X (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: K2 M C G ((-- •�1�T � Mark A. Rohloff, City Manager (W ) N f\ _ ' i - , - 4,_ - 1 ♦♦ A ,/ ` � And: i ( e ss) Pamela Ubrig, City Cler APPROVED: I hereby certify that the necessary provisions I `,` ) /� r have been made to pay the liability which will fLi accrue under this contract. / ,,, ) 1, it Attorney Y Cit ' : ptroller 4 FROM : FAX NO. : Apr. 20 2011 02:34PM P2 From :Mary Beth Baribeau FaxID: Date:2 /3/2011 04:33 PM Page: 2 of 2 OP ID: ME .r 1 �` "�E' DA's IARtNOKYVYI ' CERTIFICATE OF LIABILITY INSL RANGE 02/03/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RI IHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER TIE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETA EEN THE ISSUING INSURE AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: ft the oertitioate Witter Is an ADDITIONAL INSURED, the poilcy(Iea) must ne end' reed. 11 SUBROGATION IS WAIVED, subject to the term and conditions of the policy, oertein policies may require an endorsement A statemer on this certificate does not oonfer rights to the certificate holder In lieu of such endorsement(e). CGYTACT PRODUCER 262 -284 -7174 NAME: -_ — Port Washington Office 262 77 3784 e > xn. • . x tter_ Ansey R Aevocittee LLC 404 Cast Creari Ave, Cults 44 Mire s; .. - - -•�• Port Washington, WI 53074 PRtxtca Ux DEHLV•3 Patrick C. Miller, CPCU, C1C cLISTOxF.R , - NCURER,p i APFGRAING COVERAGE MAIC t INSURED Laubansteln Inc. — >NSUaenA:General Cas laity insu — � _ 24414 — PO 8oX 458 a au �C Ra o mpany -•.- Cedarburg, WI 5301 NSUaSRC: _ .. INSURER o : - , . ..-. . INaUREe F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INDICATED CERTIFY THAT THE I POLICIES OF INSURANCE TERM LISTED R CCtJDI OF BEEN ANY CONTRACT OR C - HER DOCUMENT WM4 RESET TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DE::RIBE1)) HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN R EDUCED BY PAID C .AIMS. _ . `_ • A DCL St16fi '• OLI OLtT EXP LIMITS MR ..... — ., .POLICY NUk,eER lMJ1A 1 ;MMOI lYYYY .- TR t of 1 AFtCE _ KM YAM aONANALLIABILITY I;ACHOZ:URRt:NCE f 1,040,000 0010365554 C 1 R 100,000 1 A X COMMERCIAL G &NttAL LIABILITY C 05101110 05 /i 1/11 P h ?SE Ea . ex ., ,ols ■ >: .,. IAEDEXPIAgvme 1 5,000 rL vMS MnnE OCCUR PEIlSCNN. S AOv N F , ,,, 1,000,40_0 -- GENERAL A+OREGATE f 2,000,000 8EN 'L.irsGREaAT • PRO0L,CTS-COr•1PNPA0 I. _ 2,000,000 7 POUCY I i I c _ m• Ben. 4 1,000,000 AurOMOBILELNBIUTY COMBINED mete LEMIi $ 1,000,400 0 5101f10 05!( Il11 {F)aeaaant1 A X ANY AUTO C8A0365B64 soon.TN,[,�RT $ r- Au. owno AUTOS eooriv NJURY 1Pe, AuAletl $ 3iJ1cWLC- ONIYIt$ PROP Fare OAVAGE f X t4W.ED.a!TOS (Per acddcr ) ..._ � F _.. . . X NON- OWNEDALJTOS I _ UMGnCLLA LIAO T )( 1 „..4," < o u.., Vt.t.V,a,aer. _e _ ..— t• 8,044,044 • A L _. excaestwB r..E CCUO365554 ACIOReeAtI: _ f . , ....... . 5,000,000 aA1+ 05 /01 /i0 D5lC 1111 f _ DEDUCT 'Rut X RETENTION $ 1 0 , 000 ©V. SIAM- �1H- $ mesons COMPENSATION T Y At : ER AND EMPLOYERS' LIABILITY Y / N 05101!14 05/C I/11 E I. �nc. I+ACCIDE NT ; 100,000 A NT PeoPromorwARTNER r i N/ A CWCO365534 - or ncera.EYZEREYo_uo5oo I ri. DISEASE EA EMPL��tts p 100,000 IWanatter/ In ttH1 500,000 It vt3. doolrt400 y E1. DISEASE LIMtI�f GE�,RIPTIQ/J Of r ?PkN.ATI0N5 o:90,7 L ^ - -w .. 1EOCRIPTlONOF OPPRATtONe /LOCATIONS /YRNICLRS 1Attach 101. Additional Rtmar,r Schedule, IrMora spoo Milan 1 Clw Of Oshkosh and Its officers, council members agents, employees and i cove agc d by t he lt n a mad in agents, th e general CERTIFICATE HOLDER - CAN *ELLATION CITY063 SHOULD ANY of THE Ai ME DESCRIED POLICIES BE CANCELLED BEFORE THE EXPIRAYtoN DAT 'a THEREOF, NOTICE WILL BE DELIVERED IN ACCOROANCEwart THI POLICY PROVISIONS. City Of Oshkosh Paul Grooninger 215 Church Strata AUTHORIZED REPRESPNrATrvI b Oshkosh, WI 54901 1\ „ h �, a,�..Q I "'�' 01988.2009 ACORD CORPORATION. All rights reserved. . _ _ _ _ __ .____.._. Th.. Amain wa,... awl lnrtn are_ reatstered marks of A :ORD FAX NO : Apr. 20 2011 02:35PM P3 FROM 13ond• No. .WIC45515 DUPLICATE ORIGINAL PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (N. ,me and Principal Place of Business): Laubenstein, Inc. Merchants. Bonding Company PO Box 458 2100 F1etr Drive Cedarburg, WI 53012 Des Dtoint s, IA 50321 OWNER (Name end Address): City of Oshkosh PO Box 1130 Oshkosh, W1 54903 CONSTRUCTION CONTRACT Date: 02/15/11 Amount: $118,096.00 Description (Name and Location): Roofing - Transportation Dept. Building • ROND Date (Not earlier than Construction Contract Date): 0:3 /02/13. Amount: $118,896.00 Modifications to this Bond: f l None 2 See other side CONTRACT AS PRINCIPAL SURETY Company: (Corporate Seal) Company (Corporate Seal) Laubenstein, Inc. Merchants Bonding Company • Signature: Signature . O 1/ a.4Lidg.:/ ..- Name and Titie• Name ant TItle: Dabbra A. H1.rikea, Attorney -in -cant ... (FOR INFORMATION ONLY - Name, Address and Telephone) - AGENT or BROKER: OWNER'S REPRESEN rATIVE (Architect, Engineer or olher•party): Printed in cooporetion with the American Institute of Architects (AIA) by the CNA Insurance Compani ra. The language In this document conlorms exactly to the language used in AIA Document A312 - Perfr rmance Bond - December 1984 edition. • • FRAM : FAX N0. Apr. 20 2011 02:35PM P4 • • DUPLICATE ORIGINAL • PAYMENT BOND . Any singular reference to Contractor, Surety, Owner or other party shall be cone dered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and F •incipal Place of Business): Lauben3t:ein, Inc. Merchants Bondii.g Company PO Box 458 2100 Fleur Drivc Cedarburg, WX 53012 Des Moines, Ih 50321 OWNER (Name and Address): City of Oshkosh PO Sox 1130 Oshkosh, WI 59 903 ��..... --- - CONSTRUCTION CONTRACT Date: 02/15/11 Amount:$ 118, 0 96.00 Description (Name and Location): . • Roofing - Transportation Dept, Building BOND Data (Not earlier than Construction Contract Date): 03/02/11 Amount: $118,896,00 [ None ❑ See other side Moditicattons to this Bond: • CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: (Corporate Seal) Company: Merchants sonrting Company Laubenstein, Ina. ff�� -� 11 /1 �_ •• . Signature: •• • -- - Signature: _t1 A` rC ,..� DCL/ _ Name and Title: Name and Title: Del bra A. Hinkes, Att orney-in - Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTAT YE (Architect, Engineer or other party): Printed in cooperation with the Ameriean Institute of Architects (AIA) by the CNA Insurance Companies The language In this document conforms exactly to the language used In AIA Document A312 - Payme It Bond • December 1984 Edition. FROM FAX NO. : Apr. 20 2011 02:35PM P5 MERCHANT BONDING COMPAN POWER OF ATTORN EY Know All Persons By Thaae Presents, that the MERCHANTS BONDING COMPANY (M DUAL), a corporation duly oruantzed under the laws of the State of Iowa, and having Its principal office In the City of Des Moines County of Polk, State of Iowa, hath made, constituted and appointed, and does by the presents make, constitute and appal Charles L Schi1M. Debbra A Hittkes Pamela M 'lineman Robert M Tortelli of New Berlin and Stale of WISCONSIN its irur and lawful Attorney -In -Fad, with full power and authority hereby conferred In its name. place and stead, to sign, execute, ecknow tdge and deliver In Re behalf as surety any end all bonds, underlakings, recognizances or other written obrigeUone In the nature th •reof, aubjecl to the limitation that any suatt Instrument shall not exceed the amount of: TWENTY FIE MILLION (525,000,000.00) D )LLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully an 1 to the same extent as If such bond or undertaking was signed by the duly authorized oflicore of the MERCHANTS BONDING :OMPANY (MUTUAL), and all the acts or said Atterney -In-Fact, pursuant to the authority herein given, are hereby ratified and c .nfirmed. This Power -of- Attorney is made and executed pursuant to and by authority Of the follow, tg Amended Substituted and Reatated By- I-awe adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (ML rUAL) on November 16, 2002. ARTICLE 11, SECTION If - The chairmen of the Board or President or any Vice F evident or Secretary shalt have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf )f the Company, and attach the Seal of the Company thereto, bonds and undertakings, reoognlzances, contracts of indemntt; and other writings obligatory In the nature thereof. ARTICLE 11. SECTION 9 - The signature of any authorized officer and the Seal o' the Company may be aftlxeti by facsimile to any Power of Altomey or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the Company, and such slgnart, e and seal when ao used shall have the same force and effect as though manually fixed. In Witneaa Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these p a senls to bo signed by Ile President and ite corporate seal to be hereto affixed, this 22nd day of December , 2010 . • °. .• l CDC• • MER :HANTS BONDING COMPANY (MUTUAL) � O � ,V,P O ... • : •'� . 1933 • • • e.V. 1 . ••1 1�Q• • • )Z ,& STATE OF IOWA • • • �` • • President COUNTY OF P0L1< ee. On this 22nd day of December . 2010 before ma appeared Leny Taytor, to me personally known, who being by me duly swam did say that he Is President of the MERCH. NTS 13ONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument. end That the Seal affixed to the said Int rument Is the Corporate Seal of the said Corporetlen and that the said Instrument was signed and sealed In behalf of aa1d Corporal m by authority of Its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City o Des Moines, Iowa, the day and year fast above written. A CINDY SMYTI1 1 Commission Number 173504 Myi4ommiaelop Expires U t March 16, 2012 Notery Pubte, Polk Courtly, Iowa STATE OF IOWA COUNTY OF POLK es. • ' I, William Warner, Jr., Secretary of the MERCHANTS B ONDING COMPANY (MUTUAL), do hen by certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS 501 DING COMPANY (MUTUAL), witdi i s atilt In full force and affect and has not been amended or revoked. in Mtnea Whereof, I have hereunto set my hand and affixed the seal of the Company on this r day of �11�n�ia1 2011 • • • ...... A • •C �+� • 64. 1%P . 0,9'.1 :* V . � Secfelery • • c. • 1933 • • • • c" - POA0006(1109) •. •••.• • •