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HomeMy WebLinkAboutPW CNT 12-13/Carl Bowers 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: Carl Bowers Construction Company Date: September 5,2012 N1844 Maloney Road Project: Asphalt Paving & Utilities Kaukauna, WI 54130 From: Carol Marchant, Adm. Assistant Re: Contract 12-13 Attn: Bill Bowers Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment El Report El Agenda El Meeting Notes El Photos El Mylars ❑ Change Order El Plans El Specifications El Estimates ❑ Diskette ❑ Zip Disk El Other Quantity Description 1 Signed Construction Contract— City Contract 12-13 These are being transmitted as indicated below: El For Approval ® For Your Use El As Requested El For Review&Comment Remarks: Signed: Carol Marchant cc: City Clerk (original) Public Works, Engineering (original) City Attorney (copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 16th day of August, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARL BOWERS & SONS CONSTRUCTION COMPANY, INC., N1844 Maloney Road, Kaukauna, WI 54130, 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. 12-13 for Asphalt Paving & Utilities, for the Public Works Department, pursuant to Resolution 12-393 adopted by the Common Council of the City of Oshkosh on the 15th day of August, 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 $795,575.44, 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 1 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. 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 2 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 CARL BOWERS & SONS CONSTRUCTION C a By: V,19. (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: . i M. A. Rohloff, City Mana er itness) \... �. ' , r ' it LL I And 1110 ' itness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under 11100`--■ this contract ►1kA. Al 1 . 11 At'orney PS°.--CY City Comptroller 3 Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 44.—/r' 8/28/2012 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 SIA Insurance NAME: SIA Insurance Services LAX.No.Ex : (920)324-2071 (A/C,No): (920)324-5057 999 West Main St. E-MAIL ADDRESS: P. 0. Box 72 INSURER(S)AFFORDING COVERAGE I NAIC# Waupun WI 53963 INSURERA Regent Insurance Company !24449 INSURED INSURERB:General Casualty Co of WI 124414 Carl Bowers & Sons Construction Co. , Inc. INSURER C: N1844 Maloney Road INSURERD: INSURER E: Kaukauna WI 54130 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1251402471 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 LTR INSR WVD POLICY NUMBER (MM/DD/YYYY)I(MM/DD(YYYY) LIMITS GENERAL LIABILITY !, EACH OCCURRENCE S 1,000,000 DAMAGE TO X COMMERCIAL GENERAL LIABILITY ! PREMISES(Ea occurrence) ($ 100,000 A � CLAIMS-MADE X OCCUR ICCI0700591 4/1/2012 ,4/1/2013 MED EXP(Any one person) I S 5,000 L--✓ PERSONAL 8,ADVINJURY I S 1,000,000 GENERAL AGGREGATE i $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER j PRODUCTS-COMP/OP AGO ! $ 2,000,000 �, POLICY,' X I PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (_a accident) 5 1,000,000 X ANY AUTO i BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED i CBA0700590 4/1/2012 4/1/2013 BODILY INJURY(Per accident) $ AUTOS 1 AUTOS NON-OWNED PROPERTY DAMAGE g HIRED AUTOS AUTOS I ! I (Per accident) f Uninsured motorist combined $ 500,000 X UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB I CLAIMS-MADE ! AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 CCU0700588 4/1/2012 4/1/2013 $ A WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y(N E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) CWC0700589 `4/1/2012 4/1/2013 E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT! $ 500,000 I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are Additional Insureds, as required by written contract, to the General Liability, Umbrella and Auto Liability, with respect to work performed by the insured. Project: Public Works Contract 12-13 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 Ave PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh, WI 54902-1130 Daniel Zeratsky/JESS ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn25 fontnnsi r.- Th.ACC r1 n,mn onrf Inn"ore.rnnicfororl n .-kc of Ar(I I DOCUMENT 00610 Bond Number: WIC54400 PERFORMANCE BOND FORM KNOWALL MEN BY THESE PRESENTS that Carl Bowers & Sons Construction Company, N1844 Maloney Pa_ Kaiikanna WT 54130 (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Contractor,and Merchants Bonding Company(Mutual) (Here insert the legal title of Surety) 2100 Fleur Drive,Des Moines,Iowa 50321-1158 as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh, 215 Church Ave, Oshkosh, WI 54903 (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of Seven Hundred Ninety Five Thousand Five Hundred seventy five dollars &441Od[IQf;s ( 795,575.44 for the payment hereof Contractor and Surety bind themselves, their heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement, dated August 1 6th ,20 12 entered into a Contract with Owner for Public Works Contract No 12-13 (Here insert full name and title) which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. a. The Surety hereby waives notice of any alteration or extension of time made by the Owner. b. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly: 1 . Complete the Contract in accordance with its terms and conditions,or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions,and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but 00610-1 CON 0650(5/10) not exceeding, including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term"balance of the Contract price"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. • c. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the Contract falls due. d. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors,administrators,or successors of Owner. SIGNED AND SEALED this 27th day of August A.D.20 1 2 In the presence of: ( Car]. Bowers & Sons ConstructAL) (Principal) )� P Witness Title Merchants Bonding Company(Mutual) ( %r' (SEAL) urety Witness t(Attorney-in-Fact Title Countersigned by 00610-2 DOCUMENT 00620 PAYMENT BOND FORM • KNOWALL MEN:Thatwe Carl Bowers & Sons Construction Company N1844 Maloney Rd. Kaukauna, WI 54130 hereinafter called the Principal, and Merchants Bonding Company(Mutual) 2100 Fleur Drive,Des Moines,Iowa 50321-1158 and hereinafter called the Surety, or Sureties,are held and firmly bound unto City of Oshkosh, 215 Church Ave, Oshkosh, WI 54903 hereinafter called the Owners, and to such persons,firms and corporations who may furnish materials for or perform labor on the work, building or improvements, contemplated in the contract hereinafter mentioned, in the sum of Seven Hundred Ninety Five Thousand Five Hundred Seventy Five Dollars & 44/100 Dollars ( 79S, 575.44 for the payment whereof the Principal and Surety, or Sureties, bind themselves, their heirs, executors, administrators,successors and assigns,jointly and severally,firmly by these presents: WHEREAS,the Principal has by means of a written agreement dated August 16, 2 01 2 entered into a contract with the Owner for Public Works Contract No 12-13 a copy of which Agreement is by reference made a part hereof. NOW,THEREFORE,the conditions of this obligation are such that if the Principal shall faithfully perform the Contract on his part,and satisfy all claims and demands incurred for the same and shall fully indemnify and save harmless the Owner from all costs and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default and shall promptly make payment to all persons supplying labor or material for use in the prosecution of the work provided for in such contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. AND PROVIDED,that any alterations which may be made in the terms of the Contract,or in the work to be done under it,or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety, or Sureties, or either or any of them, their heirs,executors, administrators,successors or assigns from their liability hereunder, notice to Surety,or Sureties,of any such alteration,extension or forbearance being hereby waived. 00620-1 This bond is made for the use and benefit of all persons,firms and corporations who may furnish any material or perform any labor for or on account of said work,building or improvements and they and each of them are hereby made Obligees hereunder the same as if their own proper names were written herein as such, and they and each of them may sue herein. Signed and Sealed this 27th day of August 201 2 In the presence of: ) Carl Bowers & Sons ConsC)tion as to 13 , Merchants Bonding Company(Mutual) (SEAL) as to (SEAL) ) as to Countersigned by 00620-2 MERCHAN1111%\ BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Richard K.Carlson,Michael L.Tiedt of Green Bay and State of Wisconsin their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION($5,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 20th day of August , 2012 . ,,,,,w.rhuryr� ••..�.••• 0 ...... �' ••*�, G CO�.o•. MERCHANTS BONDING COMPANY(MUTUAL)• y�?`q Q•••,/,%p'; ;4t).• v X9.7•gym: MERCHANTS NATIONAL BONDING,INC. —0- , G" �+y--2 -o- o; w'=' •2003 :¢' 1933 c:.• „ -• • By 774_ STATE OF IOWA °•., . .• COUNTY OF POLK ss. 4""10....14' President On this 20th day of August 2012 ,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. 4 MARANDA GREENWALT or? I Commission Number 770312 aWA My Commission Expires October 28,2014 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this day of ,,,,..a•,'.. 1:=Z: TO • ;C• Secretary = - 2003 ..:;)-1 .o 1933 •�ti: POA 0014 (11/11) da• .........:•D`k•' ' bd`y ''�1d: