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HomeMy WebLinkAboutPW CNT 11-23 Kruczek Construction, Inc CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5115 FAX(920) 236-5106 LETTER OF TRANSMITTAL To: Kruczek Construction Date: August 5, 2011 3638 Kewaunee Road Project: Sanitary Sewer Construction Green Bay, WI 54311 From: Carol Marchant, Adm. Assistant Re: Contract 11-23 Attn: Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Signed Construction Contract— City Contract 11-23 These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Signed: ,, )4 4(,)1 cc: City Clerk(original) ECE Public Works, Engineering (original) D File Copy(copy) NOG 0 5 2011 CIS`( C\-14'S CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 14th day of July, 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and KRUCZEK CONSTRUCTION, INC., 3638 Kewaunee Road, Green Bay, WI 54311, 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. 11-23 for Sanitary Sewer Construction on Hazel Street & Alley West of South Main Street, for the Public Works Department, pursuant to Resolution 11-310 adopted by the Common Council of the City of Oshkosh on the 13th day of July, 2011, 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 $256,256.56, 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 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. 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 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. INSURANCE The Insurance required by the City of Oshkosh as specified in the City's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this contract, the specifications, whichever is longer. 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 . 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 2 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 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 . ) ( KRU 1ST UCTION, INC. By: • b.4,4 (Seal of Contractor (Specify Title) if a Corporation.) I BY: c� `1..U-4 Pord) �U ° V n ti ✓lC ukjA (Specify Title) CITY OF 'SHKOSH By: ✓ � . - .�. �.. 1 tne. to it( F/7ZPA-re% J .. - 6,-( tm4N'A>G -Cry And : ` Oc _LC _ u f (Wi, ess) Pamela R. Ubrig,9, Cit Y Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. *•► Itglha 44,dr rney L,e_44(4, City Comp rot 3 Bond No. HSA-MW-0392 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Kruczek Construction, Inc. , Contractor, as principal, and Hudson Insurance Company ,as surety, are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of Two Hundred Fifty Six Thousand Two Hundred Fifty Six and (Dollars) 56/100-- ($ 256,256. 56 )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 • WHEREAS, the said Kruczek Construction, incdld, on the 14 day of July , 2011 , by articles that date, enter into a Contract with the Owner for the Sanitar Sewer R- - - - - • • th Main St. , #11 -23 • 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 othewise,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. 1 WITNESS OUR HANDS AND SEALS this 28 day of July , 20 11. in the Presence of: Kruczek Construction, Inc. • t( ,, 1111 (SEAL) `T�. ��-'v►�` M. (SEAL) Pri cipal rucze k, Hudson Insurance (sEAL) Surety Thomas 0. Chambers Attorney-in-Fact • • • 2 IPHUDSON No. HGMW-10-0350 INSURANCE GROU POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 17 State Street, New York, New York, 10004, has made, constituted and appointed, and by these presents, does make, constitute and appoint Thomas O.Chambers and Todd A.Schapp,each of the State of Wisconsin,and Todd A.Kramer of the State of Iowa its true and lawful Attomey(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking shall obligate said Company for any portion of the penal.,sum thereof in excess of the sum of Ten Million Dollars (S10,000,000.00). Such bonds and undertakings when duly executed by said Attomey(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly authorized,on this 19t"day of July,2010 at New York,New York. (Corporate seal) 4017; HUDSON INSURANCE COMPANY #4) el SEAL 1 Attest , -•;�rf!•` gy Peter H.Lovell Christopher T.Suarez Corporate Secretary Executive Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 19"day of July,2010 before me personally came Christopher T.Suarez to me known,who being by me duly sworn did depose and say that he is an • Executive Vice President of HUDSON INSURANCE COMPANY,the corporation described herein and which executed the above instrument,that he knows the seal of said Corporation,that the seal affixed to said instrument is such corporate seal,that it was so •'".ed by• der of the Board of Directors of said Corporation,and that he signed his name thereto by like order. �,�k11111111111lp///i � (Notarial Seal) ���\\\`��'�'� PU9N�j,///��4 ALICIA T.McKINNEY 'c3\dHEWY, '. Notary Public,State of New York • Z. S* _ No.01MC6212495 : "' • = Qualified in New York County 1c: 01M12 • • Commission Expires October 13,2013 . •: STATE OF WISCONSIN ) COUNTY OF Kenosha ) ON THIS 28th day of July , 2011 , before me, a notary public, within and for said County and State, personally appeared Thomas 0. Chambers to me personally known, who being duly sworn, upon oath did say that he is the Attorney-in-Fact of and for the Hudson Insurance Company , a corporation of Delaware , created, organized and existing under and by virtue of the laws of the State of Delaware ; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Thomas 0. Chambers did acknowledge that he/she executed the said instrument as the free act and deed of said Company. -(C' Y,-Z7 7-'7 L9V2,11/jet/ -----' Kimberl Rases Notary` b{i, ,.Kenosha County, Wisconsin My.Co mission Expires 3/16/2014 ,� m CERTIFICATE OF LIABILITY INSURANCE DATEfMM/DD/YWYy 07J2812011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT CO Ann Risk Services Central, Inc. NAME. Green Bay WI Office f.eCNI�.Ezt): (926) 437-7323 I FAX (920) 431-6345 w 111 N. Washington Street, Suite 300 E-MAIL P. 0. BOX 23004 ADDRESS: ° Green Bay WI 54305-3004 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Indemnity Co Of Ct 25682 Kruczek Construction, Inc. INSURERS: Phoenix Ins Co 25623 3636 Kewaunee Road Green say WI 54311 USA INSURERC: Charter Oak Fire Ins Co 25615 INSURER!): The Travelers Indemnity Co. 25658 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570043382139 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Limits shown are as requested LTR TYPE OF INSURANCE INSR Wvo POLICY NUMBER /MM/DD mYYvTI MMIDOm� LIMITS B GENERAL LIABILITY 4T-00-4957X440-PHX-11 02/24/201i 02/44/2011 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY DAMAGE TO RENTED $300,0001 PREMISES(Ea occurrence) CLAIMS-MADE FX I OCCUR NED EXP(Any one person) 510,000 PERSONAL&ADV INJURY 51,000,000 p GENERAL AGGREGATE $2,000,000 m GEN'L AGGREGATE LIMIT AP IPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 ., �POLICY JECT ` I 'LOC I �+ o C AUTOMOBILE LIABILITY BA-49$/X440-11-CNS `62/24/2011 02/24/2012.COMBINED SINGLE LIMIT $1,000,000 to BUSINESS AUTO (Ea accident) X ANY AUTO BODILY INJURY(Per person) 0 -ALL OWNED SCHEDULED z _ AUTOS AUTOS • BODILY INJURY(Per accident) te+ NON-OWNED PROPERTY DAMAGE V X HIRED AUTOS X AUTOS (Per accident) r= _ It D X UMBRELLA UAB X OCCUR 4TSM-CUP-4957x440-IND-11 02/24/201102/24/2012 EACH OCCURRENCE $5,000,000 C) — — ` EXCESS MB CLAIMS-MADE UMBRELLA AGGREGATE $5,000,000 0501 (RETENTION A WORKERS COMPENSATION AND 4TDTBc-UB-4957x44-0-11 02/24/201102/24/2012 x ;C STATSU I fir.EMPLO EMPLOYERS' YIN WORKER'S COMPENSATION ANY SPARTNER!EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? © N/A (Mandatory In Nii) E.L.DISEASE-EA EMPLOYEE $500,000 Sync,describe Imder o SCRIPT)ON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000,_ ......____ DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apace is required) RE: CONTRACT 11-23 HAZEL ST & ALLEY WEST OF S MAIN ST. CITY OF OSHKOSH AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND )- AUTHORIZED VOLUNTEERS ARE ADDITIONAL INSURED. s-i as .4-"Co r CERTIFICATE HOLDER CANCELLATION „..g SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF OSHKOSH AUTHORIZED REPRESENTATIVE ! - P.O. BOX 1130 a OSHKOSH WI 54903-1130 USA .9 e�I m ... III ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD