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HomeMy WebLinkAboutPWC CNT 12-23/STRAIGHT LINE FENCE 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: Straight Line Fence LLC Date: July 30, 2012 8545 County Road C Project: Boundary Fence Installation Wittenberg, WI 54499 From: Carol Marchant, Adm. Assistant Re: Contract 12-23 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 12-23 These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Signed: Le2frAt , cc: City Clerk(original) Public Works, Engineering (original) City Attorney(copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 11th day of July, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Straight Line Fence LLC, 8545 County Road C, Wittenberg, WI 54499, 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. 12-23 for Permanent Boundary Fence Installation for James Road Area Detention Basin, for the Public Works Department, pursuant to Resolution 12-353 adopted by the Common Council of the City of Oshkosh on the 10th day of July, 2012, 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 $15,970.00, 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 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. 2 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 , STIR ' GHT LI E FENCE C bk, By: try\ (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: /le i a ---, �', Mar A. Rohloff, City Manager (Mness '3-- ) And: Li Wal CO) . /)( Witness r Pamela R. Ubri , City Clerk / (Witness) 9 Y APPROVED: I hereby certify that the necessary provisions have been made to pay 0 the liability which will accrue under �4 I this contract Ott& - 'k1 . -1T CI y A orney pi gea.,,,0 City Co ptroller 3 BOND #GRWI19878B PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Straight Line Fence, LLC , CONTRACTOR, as principal, and Granite Re, Inc. as surety, are held and firmly bound unto the CITY OF OSHKOSH,WISCONSIN, OWNER, in the sum of Fifteen Thousand Nine Hundred Seventy and 001100 (Dollars) ($15,970.00 ) 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 Straight Line Fence, LLC did, on the 11th day of July , 2012 , by articles that date, enter into a Contract with the OWNER for the Permanent Boundry Fence Installation for James Road Area Detention Basin Public Works Contract No. 12-23 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 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. Page 1 of 2 WITNESS OUR HANDS AND SEALS this 17th day of July , 2012 In the Presence of: Str. ght Line ence, LL (SEAL) ormar (SEAL) rincspal Granite Re, Inc. (SEAL) hel H''stadt,Witness (SEAL) Molllii J. Hansen, i :,ss Surety Robert owney, Attorney-in-Fact Page 2 of 2 6 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC.,a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH its true and lawful Attorney-in-Fact(s)for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC.a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC.through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer,this 12`h day of April,2012. ��µTE qF,, .�orrwre Nc - Kenneth D.Whitting on, President STATE OF OKLAHOMA ) SEAL SS: - COUNTY OF OKLAHOMA ) Rodman A. Frates, Secretary/Treasurer On this 12`h day of April, 2012, before me personally came Kenneth D.Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they,the said Kenneth D.Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC.,the corporation described in and which executed the foregoing Power of Attorney;that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal,that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively,of the Company. 4Z�V c40.. ert 4.40 My Commission Expires: (.47 mss/' _ August 8,2013 N•tary Publi Commission#: 01013257 r/r mkt"�? GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc.,an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc.and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED,that the President, any Vice President,the Secretary,and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF,the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 17th day of Jul 2012 • ,$ttE RE pQ'co �µC SEAL ° „r odman A. Frates,Secretary/Treasurer G R0800-1 • • • - cc CERTIFICATE OF LIABILITY INSURANCE 07/2"/201 '' o;(zpi2ola THIS CERTIFICATE 13 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 It an ADDITIONAL INSURED,the policyOes)must be endorsed. If SUBROGATION IS WAIVED.subject to the terms and condittone of the pearl,certain policies may require an endorsement A statement on MN certificate doe*not center rights to the certificate holder in lieu of such endorsement(s). PRODUCER 10 Alan Peach Reach Birnamwood rns. Agenvy, Inc. "1O",r, ■a 715-449 2351 �;Nut Itog 715 449-3615 3133 Main street Jy TammyOraachinsurance.com P.O. Sox G ` $7.rna nwoCK3, WI 54$19 IN4VIMMIARPORDIeieCOV6'�RAGE „ µ,. _,1, NNOr O1ISdRERP: Partners Mutual Ins- __. mull= 715-454-6256 INSURER 6; ...... 1 Straight Line Fence, l>±,C. INSURING: 1 C/O Jonathon Kulas }NSU[ffiR D: 81325 Cty Road C Wittenberg. WI 54499 .I8111818.8. - COVERAGES CERTIFICATE UMBER: REVISION NUMBER: THIS 1$Ti)CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW'HAVE SEEN I$r.3IJEL)TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 1 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 SUB4ECT TO ALL THE TERMS, EXCLUSIONS AND CONDRIONE OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ism 1 AoaCeueea i Imo. fr u4y tF T La+IIT1a OR' TIPS OF REAJRANCE WO Wyp poucY N Miele rrr i �.. }GtnaRR.L LUAsturt EAi/CH OCCURRENCE 1 s I_000,0-70-1 A K1,CONaVERGLAL.GENERALUAe1L/TY $Z1917g 03/2f/3oia 1 03/24/2013 1 D TORt31TGD i a ,_-140,0001 l 3"osM1_. ! ' '�I CLAP ?-MADE Li i couR { i ,mr.o 5(MY .'e oeroon) I S 5i`_r'01 1 I I PERSONAL B.ADV INJURY $ . . COO 1,000, r _f _ I I GENERALAOGREQ37£._ I s 2,opo,30C,; DEML AGGREGATE LwRT APPLIES PER: I I I 1 PRODucTE-COMP/oP AGO I a 2,0001,00 0j n rrZ2 i'-1 1 1 s © POLICY G.,.� LOC -_ T CtlMSINED 9tNOtE 11111T AUTCRMOIU.E LIABILITY I ' t r�olAmA i ::.000,0_C,Cl A ANY AUTO A022335 03/26;2012103/26/2013.IODiLYINAIRY(Peleum) It I ALLOW.VE4 v .satEDJLED 1 ! 1 1.— I 3..... _.. -_- i 1 BODILY INJURY(Pm accident,I AUTOS 1 X NON-OVyhEU 1 +PROpC�.T/DAAAit4E' $ __ _�. . X I HFIED A1.JTOS AifYOS - i `IPer E1idortel ______. .�.,....,, , ... . a,_... •M ; ._ _.�_ a , X S USISRMAA UAa l R } 1 1.—� .OCCUR ! 1 ; EACnoccURRENCe 1 .21.000,000 A I i EZCE881,1AB.ICLAIMSAMOEi 1 UC013IC 0)i26/2G12 G3/2E/2c13 AGGREGATE .. 't�. 2..,.Pco100i7 I 1 r ED ' I RETENTION 6 I D $ j WORKERS couPa116ATR)R _- i� T i A140 eM?LOYOer umau-rr �._ T[1RM I > ��. A I ANY PROPRIETCRRA�ARTNER/EXeCtJT:YE Yf N i I I I E.L.EACHACCIDENY a 500,000 QiFkeneseMeeRExCLJDED? �1N/A1 IWC14533 f+1/2f,/20131C3/26/2014' (alyaenaGataeyinNN} L•�J I i I&.L DISEASE•EA EMPLOYEE t 50{.3,004 DE^SCRIPTIUN:7F OPE f NS Calaw . — I� DJ EASE-POLICY LIMIT a 500,0001 { ! wT( 1 I DESCRIPTION OF OPERATIONS I LOCATIONS I VIHICLES(Attach ACORD 109.Addition*R,nwrIs 3dIIduN,N naw le+ae}e+udl Additional insureds: City of Oehkoeh, and its officcre, council members, agents, employees and authorized volunteers. _I EIt77FICATE HOLDER CANCELLATION • SHOT LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLGC BEFORE ME EXPIRATION DAYS THEREOF, NOTICE WILL BE DELIVCRCO IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Chur ck, Ave. Po BOx 1130 AUTHIORIZED REPREBENTA Oshkosh, WI 94903 frf (ter f ReAck Q I 1038-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010106) • The ACORD name and logo are registered rite of ACORD 703/60 39Vd 3DNVtf•1SNI HDS36 519E617t?2TL gZ:Et Z.TOZ/OZ/L©