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HomeMy WebLinkAboutPW CNT 13-20/Carl Bowers & Sons 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 & Sons Construction Date: June 26, 2013 N1844 Maloney Road Project: Mini Storm Sewers & Laterals Kaukauna, WI 54130 From: Carol Marchant, Adm. Assistant Re: Contract 13-20 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 13-20 These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Signed: i r_ ._'� �• Carol Marchant cc: City Clerk (original) Public Works, Engineering (original) City Attorney (copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 29th day of May, 2013, 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. 13-20 for the Mini Storm Sewers and Storm Sewer Laterals,for the Public Works Department, pursuant to Resolution 13-256 adopted by the Common Council of the City of Oshkosh on the 28th day of May, 2013, 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 Special 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 $103,001.80, adjusted by any changes as provided in the Specifications, 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 Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY 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 c Ts the party ofEhe second part and "CONTRACTOR" wherever used in this C o 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 COMPANY,INC. By: r"-- -)v1/4.)--gb,o_t...„... (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) r CITY OF OSHKOSH By: e,— r�� -�� Mark A. Rohloff, City Manager r �Ti ess) -%' And: '� % 40 A/ ) Wi Pamela R. Ubrig, City C erk (Witness) APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract ttorney Az ege. (24, City Comptroller 3 1 ® DATE(MM1DDlYYYY) A o CERTIFICATE OF LIABILITY INSURANCE 6/6/2013 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). CONT PRODUCER NAMEACT Michelle LeCleir Spectrum Insurance Group GB ,A"rc°.NE/C. Exu;920 884 2850 FAX Ne):920-884-2851 Green n Bay Adams 01. Ste 102 ADDRess:michelle.lecleir(a spectruminsgroup.com Green Bay WI 54301 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:West Bend Mutual Insurance Co. 15350 INSURED CARLB-2 INSURER B: Carl Bowers&Sons INSURER C: Construction Co., InC. INSURER D: N 1844 Maloney Rd Kaukauna WI 54130 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2056923775 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 ADDLISUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDDIYYYY) LIMITS A GENERAL LIABILITY CPS1844633 4/1/2013 4/1/2014 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —I POLICY PR LOC , $ A AUTOMOBILE LIABILITY CPS1844633 4/1/2013 4/1/2014 (a accident)SINGLE LIMI I $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) _ A X UMBRELLA LIAB X OCCUR CUS1844635 4/1/2013 /1/2014 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED X RETENTION$10,000 $ A WORKERS COMPENSATION WDS1844634 4/1/2013 4/1/2014 WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N N/A E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) • E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Equipmnet CPS1844633 4/1/2013 4/1/2014 Blanket Limit 250000 Deductible 500 DESCRIPTION OF OPERATIONS I LOCATIONS I 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 listed as addditional insured on the general liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD THE AMERICAN INSTITUTE OF ARCHITECTS ' cf 14- MA Document A311 Performance Bond Bond No.: WIC 45893 KNOW ALL MEN BY THESE PRESENTS: that Carl Bowers&Sons Construction Co.,Inc. (Here insert lull name and address or legal title of Contractor) N1844 Maloney Road,Kaukauna,WI 54130 as Principal,hereinafter called Contractor,and, Merchants Bonding Company re(Mu ual) full and address or legal title of Surety) 2100 Fleur Drive Des Moines,IA 50321-1158 as Surety, hereinafter called Surety,are held and firmly bound unto City{H f Osh full me and address or legal tide of Owner) 215 Church Ave as Obligee, hereinafter called Owner,in the amount of One Hundred Three Thousand One and 80/100 Dollars Dollars ($$103,001.80 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Carl Bowers&Sons Construction Co.,Inc. Contractor has by written agreement dated May 28,2013 ,entered into a contract with Owner for Public Works Contract No. 13-20 for the Mini Storm Sewers and Storm Sewer Laterals,for the Public Works Department,pursuant to Resolution 13-256 adopted by the Common Council of the City of Oshkosh on the 28th day of May,2013. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA s FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 • 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. The Surety hereby waives notice of any alteration or completion less the balance of the contract price, but not extension of time made by the Owner. exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth Whenever Contractor shall be, and declared by Owner in the first paragraph hereof. The term "balance of the to be in default under the Contract, the Owner having contract price," as used in this paragraph, shall mean the performed Owner's obligations thereunder, the Surety total amount payable by Owner to Contractor under the may promptly remedy the default, or shall promptly Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 1) Complete the Contract in accordance with its terms and conditions, or Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final 2) Obtain a bid or bids for completing the Contract in payment under the Contract falls due. accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, No right of action shall accrue on this bond to or for if the Owner elects, upon determination by the Owner and the use of any person or corporation other than the the Surety jointly of the lowest responsible bidder, Owner named herein or the heirs, executors, adminis- arrange for a contract between such bidder and Owner, trators or successors of the 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 Signed and sealed this 28th day of May 2013 PRINCIPAL: SURETY: Merchants Bonding Company(Mutual) Carl Bowers&Sons Construction Co.,Inc. Attomey-In-Fact Michael L Tiedt THE AMERICAN INSTITUTE OF ARCHITECTS • ti AIA Document A311 Labor and Material Payment Bond Bond No.: WIC 45893 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE Of THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Carl Bowers&Sons Construction Co.,Inc. (Here insert full name and address or legal title of Contractor) N1844 Maloney Road,Kaukauna,WI 54130 as Principal,hereinafter called Principal,and Merchants Bonding Company(Mutual) (Here insert full name and address or legal title of Suretyl 2100 Fleur Drive Des Moines,IA 50321-1158 as Surety,hereinafter called Surety,are held and firmly bound unto City of Oshkosh (Here insert full name and address or legal title of Owner) 215 Church Ave as Obligee, hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined,in the amount of One Hundred Three Thousand One and 80/100 Dollars (Here insert a sum equal to at least one-half of the contract price) Dollars($$103,001.80 ). for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Carl Bowers&Sons Construction Co.,Inc. Principal has by written agreement dated May 28,2013 ,entered into a contract with Owner for Public Works Contract No. 13-20 for the Mini Storm Sewers and Storm Sewer Laterals,for the Public Works Department,pursuant to Resolution 13-256 adopted by the Common Council of the City of Oshkosh on the 28th day of Max, 7(11 0 in accordance with Drawings and Specifications prepared by (here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C. 20006 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise if shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract age prepaid, in an envelope addressed to the Principal, with the Principal or with a Subcontractor of the Principal Owner or Surety, at any place where an office is regularly for labor, material, or both, used or reasonably required maintained for the transaction of business, or served in for use in the performance of the Contract, labor and any manner in which legal process may be served in the material being construed to include that part of water, state in which the aforesaid project is located, save that gas, power, light, heat, oil, gasoline, telephone service or such service need not be made by a public officer. rental of equipment directly applicable to the Contract. b)After the expiration of one(1)year following the date 2. The above named Principal and Surety hereby jointly on which Principal ceased Work on said Contract, it and severally agree with the Owner that every claimant being understood, however, that if any limitation as herein defined, who has not been paid in full before embodied in this bond is prohibited by any law controlling the expiration of a period of ninety (90) days after the the construction hereof such limitation shall be deemed to date on which the last of such claimant's work or labor be amended so as to be equal to the minimum period of was done or performed, or materials were furnished by limitation permitted by such law. such claimant may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such c) Other than in a state court of competent jurisdiction in sum or sums as may be justly due claimant, and have and for the county or other political subdivision of the execution thereon. The Owner shall not be liable for the state in which the Project, or any part thereof, is situated, payment of any costs or expenses of any such suit. or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not 3. No suit or action shall be commenced hereunder by elsewhere. any claimant: a) Unless claimant, other than one having a direct 4. The amount of this bond shall be reduced by and to contract with the Principal, shall have given written notice the extent of any payment or payments made in good to any two of the following: the Principal, the Owner, or faith hereunder, inclusive of the payment by Surety of the Surety above named, within ninety (90) days after mechanics' liens which may be filed of record against such claimant did or performed the last of the work or such improvement,whether or not claim for the amount of labor, or furnished the last of the materials for which said such lien be presented under and against this bond. claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, post- Signed and sealed this 28th day of May 2013 PRINCIPAL: SURETY: Merchants Bonding Company(Mutual) Carl Bowers&Sons Construction Co.,Inc. Ariomey-In-Fa Michael L Tiedt MERCHANT711141k BONDING COMPANY Bond#: WIC 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, Michael L Tiedt of Eau Claire and State of WI 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 7th day of March ,2013 •..,.nuw...„� ••••--'..16 �....`°*'C1C7t.. •,.. 1• ••NV"- 004A•• MERCHANTS BONDING COMPANY(MUTUAL) ;l/-'e -g-1.:�0 :•e).*,0 9,��'1y�: MERCHANTS NATIONAL BONDING,INC. > J.,: V •..;mss •y:2 xr: • •1%, 2003 :.�r ;y 1933 :—,•;sd 7-j, <��r ..d�.. ,lac• �� STATE OF IOWA •••jY.••y}•••��0" •'• .. .••• COUNTY OF POLK ss. ,.............. 'N President On this 7th day of March , 2013 ,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. MARANDA GREENWALT is�yea_r? l +�. Commission Number 770312 My Commission Expires October 2E,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 28th day of May 2013 • ,.....we..... \N� Cp• �`•'1.t0rd,..... , :•• , .• .•h t•P or-•••ik ..,:�0 4,,p yam. I" 7 e`'1=1 •y:? rI; • "/=%cam G✓Ci lnSd� , Z i a; :3• Secretary•%1 200.; :.0£ :yJ. 1933 ;'ti: POA 0014 (11/11) '1.........,� •••6�W r \1,�c• ................_. ....... ..