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HomeMy WebLinkAboutPW CNT 11-22 Musson Brothers, Inc CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 27th day of July, 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MUSSON BROTHERS, INC., 4215 N. 124th Street, Brookfield, WI 53005, 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. 11-22 for Sanitary Sewer Lining on Grove Street and Merritt Avenue for the Public Works Department, pursuant to Resolution 11-329 adopted by the Common Council of the City of Oshkosh on the 26th 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 $300,375.00, 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 () MUSSON BROTHERS, INC. )44 1 P ''7 e (Seal of Contractor (Specify Title) if a Corporation.) 1 By: gcc. �h-G (Specify Title) CITY O •SHKOSH By: • / / i►l J.i (Witness) /Jai M F r T fru 11/1► 06F*. And: lir ( ness / Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay t the liability which will accrue under _ this contract .A., y torney - City Compt oiler 3 CORPORATE RESOLUTION A special meeting of the Board of Directors of Musson Bros., Inc. having been held this 9th day of May,2011,prior notice being waived by the undersigned, and the Board of Directors having duly discussed the authority of corporate officers and corporate employees to bind the corporation concerning the execution of various documents; Now,therefore,it is hereby resolved that only one signature on behalf of Musson Bros., Inc. shall be required on any document, bid or contract necessary to bind said Corporation relative to any document, bid or contract in the operation of said Corporation, exclusive of any document for financial purposes such as borrowing money or refinancing, which is covered by a separate resolution, Officers or employees having the authority to bind the corporation by their sole signature as to any document,bid or contract exclusive of documents for financial purposes, shall be the President,Timothy D. Musson;Vice President,Michael Sikma; or Secretary Treasurer, Robert DeMesy. Further, Patrick Wunsch and Pete Duffek shall have the authority to sign bids on behalf of Musson Brothers, Inc. and bind Musson Brothers, Inc. accordingly. i/ � DATE: ...5 a v t TIMOTHY D. SSON, President DATE: 5/9..o/ ( /i - • Ae ROBERT iEMESY, Secret -Treasurer Bond No. 1000351 Executed in Three Copies mom WISCONSIN SOCIETY OF ARCHITECTS VIM,y THE AMERICAN INSTITUTE OF ARCHITECTS =�' ��Jhsh 41111 WIS. MA DOCUMENT �� JULY 1980 ED. WIS. A312 a 0 0 PUBLIC IMPROVEMENT PERFORMANCEILABOR AND MATERIAL N1 PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT p TO SECTION 779.14 WISCONSIN STATUTES. vi 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) Musson Bros. , Inc. , 909 Boyce Drive—P.O. Box 818, Rhinelander, Wisconsin 54501 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) THE HANOVER INSURANCE COMPANY, 333 West Pierce Road, Itasca, Illinois 60143 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) The City of Oshkosh, 215 Church Avenue—P.O. Box 1130, Oshkosh, Wisconsin 54903-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Three Hundred Thousand Three Hundred Seventy—Five and NO/100s Dollars ($300,375.00), (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.preser>lts. WHEREAS, Principal has by written agreement dated July 27 j,2015]entered into a contract with Owner for Public Works Contract No. 11-22 — Sanitary Sewer Lining on Grove Street and Merritt u�} Ave e n 0shkosh W'scQnsin 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., U 0 The said written agreement, drawings, specifications and amendments a are hereinafter referred to as the Contract. c PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312AUGUST. 1989ED. PAGE 1 t7 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 29th day of July , 2011 IN THE PRESENCE OF: MUSSON BROS. , Priatipd "Liu far PCdtr1.A - (Seat) Witness Title: Pettrick i/o -it$GI\II j os 1• I#vta :4— THE HANOVER INSURANCE COMPANY Name or Surety Wit = Tide: oseph L. Vign Attorney–In–Fact APPROVED BY* IN THE PRESENCE OF: Owner By: (Seal) Witness 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 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY • CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSEi I S BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Joseph L Vigna,Dennis M. Barton andtor Elizabeth M.Fedyn of Brookfield,WI and each is a true and lawful Attomey(s)-in-fad to sign, execute,seat,acknowledge and deliver for,and on its behalf, and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds, recognizanes,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Twenty Million and No110,0($2D,DDD,DDD)in any single instance and said companies hereby ratify and confirm all and whatsoever said Atfomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appo'inbnents are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Ariorneys-in-tact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surely any and at bonds,reecogritnces,contracts of indemnity,waivers of citation and at other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-tad shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons' (Adopted October 7,.19ti -The Hanover insurance Company,Adopted April 14,1962-Massachusetts Say insurance Company,Adopted September 7,2DD1-Citzens Insurance Company of America) • IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, IJASSACHUSt 1 I S BAY INSURANCE COMPANY and CiTl7FNS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President,this 18th day of June,2010. THE H A NDVERIIItAURANCE COI.tPPKf •a rJASSIaCtiU'SETTS BAY 11i50RAr4LE compAHY •tYtL i ..,,e7"..41'; ,_ CM:ZEkS.J. SURAFI.0 -E COMPANY OF AMERICA • Vir+ Ietery Jearne Aide.>on, �c Prssi3c�t // • :L:y� r �. Sf. /(A„.! f r (204:4 Fzdbs2f Y' GrEnn..�,Assist arri`:rZ s id_r.l THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. On this 18th day of June 201D., before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens insurance Company of America,to me personally known to be the individuals and officers described herein, and acknowledged that the seats affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. d Nasty Public • 1 ��tyCaielrtE�tksl�t ' J My commission expires on November 3,2011 1, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America. • "RESOLVED,That any and at Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company,shall be binding on the Company to the same extent as if at signatures therein were manually affixed,even though one or more of arty such signatures thereon may be facsimile" (Adopted October 7, 1961 -The Hanover insurance Company,Adopted April 14, 19132 Massachusetts Say Insurance Company, Adopted September 7, 2DD1 - Citizens Insurance Corripany of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts,this 29th day of July , 2D 11. THE FOYER INSUR.&.NCE COWPANY Iv`,ASSACHUSETTS BAY INSURANCE COIJFANY CITIIZZENSS NSU.'A-iCE CD1,hPAWY DF 115ERICA Sle/fir tr r F:resYJinr A`° M/ RD CERTIFICATE OF LIABILITY INSURANCE DATE 7/28/2011 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 Michelle Bandlow R & R Insurance Services, Inc. WC. PHONE No (262)574-7000 ( No(262)574-7080 1581 E Racine Avenue ADDRess:miehelle.bandlow @rrins.corn• PO Box 1610 CUSTOMER ID#Q00664H2 Waukesha WI 53186 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A WEISt Bend Mutual Ins. Co. 15350 INSURER B: Musson Brothers, Inc. INSURER C: PO Box 818 INSURER D: INSURER E: Rhinelander WI 54501 INSURERF: COVERAGES CERTIFICATE NUMBER:11-12 New 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE ,$ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A CLAIMS-MADE X ,OCCUR CPV1400260 1/1/2011 1/1/2012 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY 1 3 1 JECT n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED AUTOS CPV1400260 1/1/2011 1/1/2012 BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS Uninsured motorist combined $ 1,000,000 Medical payments $ 10,000 X -UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DEDUCTIBLE _ $ A RETENTION $ 0 CUV1400261 1/1/2011 1/1/2012 $ A WORKERS COMPENSATION X TORY LIMITS 0TH- AND EMPLOYERS LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN EL EACH ACCIDENT $ 100,000 (Mandatory in ER EXCLUDED? N N/A AIV1385951 1/1/2011 1/1/2012 E.L.DISEASE-EA EMPLOYEE $ 100,000 (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Re: Sanitary Sewer Lining on Grove Street & Merritt Avenue, Public Works Contract# 11-22 City of Oshkosh, and its officers, council members, agents, employees and authorized volunters are Additional Insureds per end't #WB1482 06/06. CERTIFICATE HOLDER CANCELLATION 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 215 Church Avenue P.O. BOX 1130 AUTHORIZED REPRESENTATIVE Oshkosh, WI 54903-1130 Jamie J __ . . -1=-- -- ACORD 25(2009!09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD