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HomeMy WebLinkAboutPW CNT 12-08/RG HUSTON CO 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: RG Huston Company Date: November 20, 2012 2561 Coffeytown Road Project: James Road Area Detention Basin Cottage Grove, WI 53527 From: Carol Marchant, Adm. Assistant Re: Contract 12-08 Attn: Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans El Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Signed Construction Contract— City Contract 12-08 These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ 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 24th day of October, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and RG HUSTON COMPANY, INC., 2561 Coffeytown Road, Cottage Grove, WI 53527, 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. 12-08 for James Road Area Detention Basin, for the Public Works Department, pursuant to Resolution 12-514 adopted by the Common Council of the City of Oshkosh on the 23rd day of October, 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 $2,498,381.00, 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: CONTRACTO: Air T RG H / OMPANY, INC.By: 4011,r i�1/i i/ IL�_ ,� 4�r-i-wilt-- /9///5 / _ 0 � Orcgl r P i. i (Seal of Contras gfcj �•.,,,�i` (J (Specify Title) if a Corpor,0'�i• r 08%,, ��C�' By: ?� C°RPORi i-� Z SEAL n 197 (Specify Title) <;, CONS�.� CITY OF OSHKOSH �i By: /C�.L 1-6/1(7 � �L C z.��� Mark A. Rohloff, City Manager _--/( (Witn- s) �----- -i-4''Z L2- _'/ ,li' ,_`,7�-, And: C- k a\()(R- ! ) ),' (Witness) Pamela R. Ubrig, City lerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under � , , y ►—�, �.J� this contract City Att•rney e/444._ 51--(2- (2,---2--9,3 City Comarogler 3 ATTACHMENT 2-A: LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his/her knowledge and belief, that: 1. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this CERTIFICATION be included in the award documents for all sub-awards at all tiers (including subcontractors, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This CERTIFICATION is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this CERTIFICATION is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required CERTIFICATION shall be subject to a civil penalty of not less than $10,000 - • more than $100,000 for p.a c h,failure. C®'%�,,' • � CORPORATE Z' p (Signatu - of C Executive Officer) _Ei SEAL - _ (Da ea 4717) ,t 1975 (Name of Busine=s/Fir' ) '4 CONS\ N`�� Bond No. 0165882 Executed in Three Copies PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that R.G. Huston Company, Inc. , CONTRACTOR, as principal, and BERKLEY REGIONAL INSURANCE COMPANY ,as surety, are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, OWNER, in the sum of Eighty-One and NO/100s Two Million Four Hundred Ninety-Eight Thousand Three Hundred Dollars) ($ 2,498,381 .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 R.G. Huston Company, Inc. 2561 Coffeytown Road, Cottage Grove, Wiconsin 53527 WHEREAS, the said R.G. Huston Company, Inc. did, on the 23rd day of October , 20 12, by articles that date, enter into a Contract with the OWNER for the Contract 12-08 - James Road Area Detention Basin in Oshkosh, Wisconsin NOW, THEREFORE, if the said CONTRACTOR shall save and hold harmless the said OWNER from all publi', liability and damages of every description in connection therewith, shall well and faithfully in all ti:ings 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 t: bond. • Pape 1 of 2 WITNESS OUR HANDS AND SEALS this 23rdday October , 20 12 ``a� �g'CC)N ;•;'--.,. < dda of C' CORPORATE '-.I In the Presence of: Z Ce SEAL • IA ..4 - R.G. 41 0/ COMPANY, , . (SEAL) „if 9• 5 `. J By. (SEAL) %,, iSCONS ,� . Princip- -�- - _ BERKLEY }Lis A NSU CE(6�BP Y 1 �, _ . �k By: 4 ' / i ,EAL)� ° �. .r' Sure®, k. Dennis M. Barton, Attorney-In-Fact Pagc2of2 No. 145 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. - KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a • corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made,constituted and appointed,and does by these presents make,constitute and appoint: Joseph L. Vigna, Dennis M. Barton or Elizabeth M. Fedyn of Arthur J. Gallagher& Company of Wisconsin,Inc. of Brookfield, WI its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation • shall exceed Fifteen Million and 00/100 Dollars ($15,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. — -, This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,2000: • "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and _ qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on • behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or ▪ other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further - RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and • further - RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power ▪ of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be • such at the time when such instruments shall be issued." -- E.• IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of )'>'l ciu_A ,2008. _, Attest: / _-- - Berkley Re nal Insurance Company - (Seal) By / 1 By , - - Ira S. Lederman Robert P. Cole Senior Vice President&Secretary Senior Vice President -- - WARNING:THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this ,)4.day of `' L -t_ JJj ,2008,by Robert P.Cole and Ira S.Lederman • who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary,respectively, of Berkley Regional Insurance Company. EILEEN KILLEEN • NOTARY PUBLIC MY COMMISSION EXPIRES JUNE 30,2012 Notary Public,State of Connecticut CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a = true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein,who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. /� i}_ / Given under my hand and seal of the Company,this 2 3rdday of �.%G O L),r (Seal) John F.B= rs '4R CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/17/2012 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 NAME: M3 Insurance Solutions, Inc. PHONE FAX P.O. Box 8950 (A/C,No,Ext):608-273-0655 (a/C,No):608 273 1725 Madison WI 53708-8950 ADDRESS: _ PRODUCER CUSTOMER ID#:RGHUS-1 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Liberty Mutual R.G. Huston Company Inc. INSURERB:Navigators Insurance Co., Inc 2561 Coffeytown Road Cottage Grove WI 53527 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1201725951 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 i ADDL SUBR1 POLICY EFF POLICY EXP LTR! TYPE OF INSURANCE INSR WVD'. POLICY NUMBER (MM/D/YYYY) (MMIDDNYYY) LIMITS A GENERAL LIABILITY YVK-Z91-452355-022 7/1/2012 7/1/2013 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL BADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: i PRODUCTS-COMP/OP AGG _$2,000,000 PRO- POLICY X JECT X I LOC $ A AUTOMOBILE LIABILITY AS2-Z91-452355-032 7/1/2012 7/1/2013 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X i ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS ,$ UMBRELLA LIAB ',X OCCUR I CH12EXC621008IV 7/1/2012 7/1/2013 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DEDUCTIBLE ,$ RETENTION $ I WC STATU- OTH $ A WORKERS COMPENSATION WCK-Z91-452355-012 7/1/2012 7/1/2013 X TORY LIMITS ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ! E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYED$500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Leased/Rented Equipment YVK-Z91-452355-022 :7/1/2012 7/1/2013 Limit 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: James Road Area Detention Basin, Contract 12-08, City of Oshkosh, Wisconsin. The City of Oshkosh and Strand Associates, 910 West Wingra Drive, Madison, WI 53715 are included as additional insured under general liability 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 PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 3 /A' ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Policy Number YVK—Z91-452355-022 Issued by WAUSAU BUSINESS INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Expanded Blanket Additional Insured and Waiver of Subrogation- Contractors This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II- Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage,provided that: 1. The'bodily injury,""property damage,"or"personal and advertising injury"giving rise to liability occurs subsequent to the execution of the written agreement; and 2. The written agreement is in effect at the time of the"bodily injury,""property damage,"or"personal and advertising injury"for which coverage is sought That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability caused,in whole or in part,by the negligent acts or omissions of you,your employees,your agents,or your subcontractors,in the performance of your ongoing operations. This insurance does not apply to"bodily injury,"or"property damage,""personal and advertising injury"arising out of "your work"included in the"products-completed operations hazard"unless you are required to provide such coverage for the additional insured by the written agreement,and then only for the period of time required by the written agreement and only for liability caused,in whole or in part,by the negligent acts or omissions of you,your employees,your agents,or your subcontractors. There is no coverage for the additional insured for"bodily injury","property damage"or"personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured,except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence,then the coverage for the additional insured shall conform to that agreement; provided,however,that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply,then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A.,above,we waive any right of recovery we may have against the additional insured because of payments we make for'bodily injury',"property damage" or"personal and advertising injury"to which this insurance applies. C. Exclusions With respect to the insurance afforded to these additional insured's,the following additional exclusions apply: This insurance does not apply: LG 101709 07 Page 1 See next page