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HomeMy WebLinkAboutPW CNT 14-05/DeGroot, Inc 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: De Groot, Inc. Date: April 9, 2014 4201 Champion Road Project: Concrete Paving & Utility Projects Green Bay, WI 54311 From: Carol Marchant, Adm. Assistant Re: Contract 14-05 Attn: Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts El Amendment El Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars El Change Order ❑ Plans El Specifications ❑ Estimates El Diskette ❑ Zip Disk El Other Quantity Description 1 Fully executed original of Contract 14-05 Concrete Paving & Utility Projects — Central City Area These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested El For Review&Comment Remarks: cc: City Clerk (original) Public Works, Engineering (original) City Attorney (copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 26th day of March, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and DE GROOT, INC., 4201 Champion Road, Green Bay, WI 54311, 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. 14-05 for Various Concrete Paving & Utility Projects in the Central City Area,for the Public Works Department, pursuant to Resolution 14-120 adopted by the Common Council of the City of Oshkosh on the 25th day of March, 2014, 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$2,877,619.52, 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 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 DE GROOT, INC. 0 By: �i& r ma K l6 4- (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH 14) By: Ma A. Rohloff, City Manager (Witne s) 4;4 And: /' (Witness) Pamela R. Ubrig, City CI-rk' APPROVED: I hereby certify that the necessary provisions have been made to pay , the liability which will accrue under Artattl■ this contract � . L AT "WA ''orney City Comptroller 3 Bond No 2176661 • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that De Groot, Inc. 4201 Champion Rd, Green Bay, WI , CONTRACTOR, as principal, and North American Specialty Insurance Company ,as surety, are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, OWNER, in the sum of Two Million Eight Hundred Seventy Seven Thousand Six Hundred (Dollars) Nineteen & 52/100 ($ 2, 877,619.52 ) 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 De Groot, Inc. did, on the 26th day of March , 2014 , by articles that date, enter into a Contract with the OWNER for the Public Works Contract 14-05, Oshkosh, WI 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 31stday of March , 2014 . In the Presence of: ' . — r� AAA � 1� De Groot, Inc. (SEAL) a I'a 0.- • %JQ (SEAL) Principal North American Specialty ,` Insurance Company (SEAL) (SEAL) Surety Roxanne Jensen, Attorney-in-Fact Page 2 of 2 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester.New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: JEFFREY R.MEISINGER,TRUDY SZALEWSKI,KELLY CODY,ROXANNE JENSEN, KENT ARPS,BRIAN KRAUSE and CHRISTOPHER KONDRICK JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." oluoissito egrlIN EAI i By a; SEAL i m' Steven P.Anderson,Senior Vice President of Washington International Insurance Company �`'• &Senior Vice President of North American Specialty Insurance Company i •C) rn By David M.Layman,Vice President of Washington International Insurance Company na &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 3rd day of May 2013 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 3rd day of May ,2013 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. t "OFFICIAL SEAL" — i Aleip.p DONNA D.SKLENS J Notary Public.State ofIllinois a Donna D.Sklens,Notary Public 1 My Commission Expires 10/06/1015 rY I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. 21 Sk IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this Va day of-TYY-t-1C PA ,20 IL-` . Jeffrey Goldberg.Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company ACORO® DAT 0(3/31/D201W) CERTIFICATE OF LIABILITY INSURANCE 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). c PRODUCER CONTACT 'DO Aon Risk Services Central, Inc. PHONE FAX 43 Green Bay WI Office (A/C.No.Ext): (920) 437-7123 (A/C.No.): <920) 431-6345 'a 111 N. Washington Street, Suite 300 E-MAIL c P. 0. BOX 23004 ADDRESS: _ Green Bay WI 54305-3004 USA INSURER(S)AFFORDING COVERAGE NAIC II INSURED INSURERA: ACUITY, A Mutual Insurance Company 14184 De Groot, Inc. INSURER B: 4201 Champion Road Green Bay WI 54311 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570053307004 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. Limits shown are as requested INSR ADDL SUER- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY L03257 02/15/2014 02/15/2015 EACH OCCURRENCE $1,000,000 Package DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL B,ADVINJURY $1,000,000 p GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $2,000,000 0 POLICY I X I PEA X LOC PRODUCTS-COMP/OP AGG $2$2,000,000 000,000 m o OTHER: o n A L03257 02/15/2014 02/15/2015 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $1,000,000 Package (Ea accident) X ANY AUTO BODILY INJURY(Per person) 0 Z ALL OWNED -SCHEDULED BODILY INJURY(Per accident) ate. AUTOS _AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X 0 AUTOS (Per accident) tC . t: CD A X UMBRELLLIAR X OCCUR L03257 02/15/2014 02/15/2015 EACHOCCURRENCE $10,000,000 0 A Package AGGREGATE $10,000,000 EXCESS LIAR CLAIMS-MADE DED I !RETENTION A WORKERS COMPENSATION AND L03257 02/15/2014 02/15/2015 X PER STATUTE OTH- EMPLOYERS'LIABILITY Y/N Package ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $100,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000— Mil EP- _ �i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) -q RE: PUBLIC WORKS CONTRACT 14-05, OSHKOSH, WI ;ti ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS ON THE GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND UMBRELLA a-' LW'.LIABILITY CITY OF OSHKOSH AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES, AND AUTHORIZED VOLUNTEERS AS RESPECTS TO THE d PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT, AS REQUIRED BY WRITTEN CONTRACT. ENDORSED POLICIES WILL 4, INCLUDE A 30 DAY NOTICE OF CANCELLATION / NONRENEWAL FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, PROVIDED TO THOSE PARTIES INDICATED IN THE WRITTEN CONTRACT. �. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE iJ EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. W CITY OF OSHKOSH AUTHORIZED REPRESENTATIVE b.:: 215 CHURCH AVENUE OSHKOSH WI 54903 uSA I `'�`„ t `/� X Cr @1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD - r ,aco CERTIFICATE OF PROPERTY INSURANCE D0 E (MM/D014 YYYY) 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. If this certificate is being prepared for a party who has an insurable interest in the property,do not use this form. Use ACORD 27 or ACORD 28. PRODUCER CONTACT NAME: Aon Risk Services central, Inc. Green Bay WI Office (A/CC.NNo.EA): (920) 437-7123 1 ((A/C.No.): (920) 431-6345 s• 111 N. Washington Street, Suite 300 E-MAIL t« P. O. Box 23004 ADDRESS: Green Bay WI 54305 3004 USA PRODUCER 10021188 Y CUSTOMER ID#: d INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: American Zurich Ins Co 40142 'C De Groot, Inc. INSURER B: 4201 Champion Road INSURER C: r7". Green Bay WI 54311 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570053307688 REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: PUBLIC WORKS CONTRACT 14-05, OSHKOSH, WI ADDITIONAL INSURED ON THE GENERAL LIABILITY CITY OF OSHKOSH AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES, AND AUTHORIZED VOLUNTEERS AS RESPECTS TO THE PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT, AS REQUIRED BY WRITTEN CONTRACT. 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 co CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 10 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS m LTR DATE(MM/DD/YYYY) DATE (MM/DD/YYYY) J PROPERTY BUILDING O F- CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY BASIC BUILDING BUSINESS Extrra Expennse - BROAD EXTRA EXPENSE W CONTENTS m RENTAL VALUE 'L SPECIAL 3 BLANKET BUILDING Z EARTHQUAKE BLANKET PERS PROP W WIND Q FLOOD BLANKET BLDG&PP U , tL — F- - W C.) X INLAND MARINE TYPE OF POLICY x Limit $2,877,620 Builders Risk — CAUSES OF LOSS Deductible $1,000 POLICY NUMBER x A NAMED PERILS BR06482782 03/31/2014 03/31/2015 city of Oshkosh Builders — CRIME TY-PE OF POLICY IIIIIIII� 1 BOILER&MACHINERY/ J EQUIPMENT BREAKDOWN — No-- — SPECIAL CONDITIONS/OTHER COVERAGES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) F� 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 /}�J�•,//J OSHKOSH WI 54903 USA AUTHORIZED REPRESENTATIVE J C`IGf�✓G Q ©1995-2009 ACORD CORPORATION.All rights reserved. ACORD 24(2009/09) The ACORD name and logo are registered marks of ACORD