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HomeMy WebLinkAboutPTS-Excuted AgreementCITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX (920) 236-5068 To: PTS Contractors, Inc. 4075 Eaton Road Green Bay, WI 54311 LETTER OF TRANSMITTAL Date: Aril 20, 2020 Subject: Executed Agreement Contract 20-05 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 Executed Agreement These are being transmitted as indicated below: ❑ For Approval Remarks: ® For Your Use ❑ As Requested ❑ For Review & Comment Enclosed is the executed agreement for the construction services for Contract 20-05. If you have any questions, please contact us. RECEIVED CITY CLERK'SOFFICE City Clerk's Office - Original Assistant Finance Director - Copy — Linda Mohr - Copy cc: _File - Original Signed: Tracy aylor I:\Engineering\202000NTRACTS\20-052ndPaving\Project_Information\Contract Info\Contractor-Consultant Agreements\ M\ 20-05 nD Executed ConstAgreement_4-20- 20.docx AGREEMENT THIS AGREEMENT is by and between the City of Oshkosh, Wisconsin (Owner) and PTS Contractors, Inc., (Contractor). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for CITY CONTRACT 20-05 OREGON STREET RECONSTRUCTION, UTILITIES, & PATCHING (WEST 21ST AVENUE TO WEST 28TH AVENUE); WEST 28TH AVENUE UTILITIES & ASPHALT PAVING; CONGRESS AVENUE UTILITIES & PATCHING; & WEST 28TH AVENUE PUMP STATION UPGRADES. City Contract 20-05 is comprised of two separate work units: Work Unit A — Street Reconstruction, Utilities, and Patching and Work Unit B — West 28th Avenue Pump Station Upgrades. The Work covered by Work Unit A generally consists of the following major items: • Approx. 15,010 sq. yds. of 8" plain and doweled concrete pavement with curb and appurtenant work • Approx. 1,930 lin. ft. of 30" concrete curb and gutter (8") • Approx. 28,670 sq. ft. of 4" to 8" concrete sidewalk and driveway • Approx. 590 sq. yds. of 4" asphaltic surface and transition LT • Approx. 2,360 tons of 5" HMA pavement MT • Approx. 4,740 tons of 3/4" to 3" base aggregate dense • Approx. 4,350 lin. ft. of 10" to 4' x 6' box culvert storm sewer and appurtenant work • Approx. 1,100 lin. ft. of 6" to 8" storm laterals • Approx. 210 vert. ft. of 2' to 8' storm sewer manholes • Approx. 850 lin. ft. of 12" sanitary sewer force main and appurtenant work • Approx. 3,700 lin. ft. of 8" to 24" sanitary sewer (relay) and appurtenant work • Approx. 3,200 lin. ft. of 36" to 42" sanitary sewer (new) and appurtenant work • Approx. 2,250 lin. ft. of 4" to 6" sanitary laterals (relay) • Approx. 1,250 lin. ft. of 1" to 3" water service (relay) • Approx. 3,000 lin. ft. of 4" to 16" water main (new) and appurtenant work • Approx. 5,500 lin. ft. of 2" to 3" conduit • Approx. 16,000 lin. ft of 6-gauge to 14-gauge wire PW\DEN003\C1X37700 AGREEMENT MARCH 27, 2020 00 52 13 - 1 ©COPYRIGHT 2020 JACOBS The Work covered by Work Unit B generally consists of the following major items: • Demolition of the pump station mechanical and electrical equipment, roof and exterior door; concrete fillets in station wetwell influent sewer and discharge force main. • Pump station site erosion control, excavation support and excavation dewatering. • Construction of a new pumping and electrical equipment; new heating and ventilation system; new station stairwell, roof, and doors; new gravity influent sewer and discharge force main. • Relocation of electrical power and natural gas service to the pump station. • Cleaning of station wetwell and concrete repairs, if needed, as directed by Engineer. • Installation of new pump station automation and controls systems with interface to the Owner's existing telemetry and supervisory control and data acquisition (SCADA) system. • Installation and operation of a wastewater bypass pumping system to maintain continuous wastewater conveyance while station Work is performed. • Pump station site restoration and other items identified in Drawings and Specifications. • Coordination with Work Unit A Work to be performed on West 28" Avenue and Oregon Street during the Contract. 2. WORK UNIT A ENGINEER 2.1. The Project Work Unit A has been designed by Owner who assumes all duties and responsibilities and has the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 3. WORK UNIT B ENGINEER 3.1. The Project Work Unit B has been designed by Jacobs Engineering Group, Inc./AECOM (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 4. CONTRACT TIMES 4.1. Time of the Essence: All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2. Days to Achieve Substantial Completion and Final Payment: 4.2.1. The Work shall be Substantially Complete in accordance with Paragraph 15.06 of the General Conditions within 240 days after the date when the Contract Times commence to run. Final Completion of the Work shall be within 160 days of Substantial Completion. AGREEMENT PW\DEN003\C 1 X37700 0052 13 - 2 MARCH 27, 2020 ©COPYRIGHT 2020 JACOBS 4.3. Liquidated Damages: 4.3.1. For liquidated damages, refer to the current edition of the Standard Specifications for City of Oshkosh, Wisconsin. 5. CONTRACT PRICE 5.1. Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the prices stated in Contractor's Bid, attached hereto as an exhibit. 6. PAYMENT PROCEDURES 6.1. Submittal and Processing of Payments: Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.2. Progress Payments and Retainage: Owner will make progress payments on account of the Contract Price on the basis of Contractor's Application for Payment on the date of each month as established in the preconstruction conference during performance of the Work as provided herein. All such payments will be measured by the Schedule of Values established as provided in Paragraph 2.05.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements. 6.2.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 15.01 of the General Conditions: 6.2.1.1. Ninety five percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage. 6.2.1.2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to ninet -five percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 15.03 of the General Conditions and less ten percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.3, Final Payment: 6.3.1. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price. PW\DEN003\C1X37700 AGREEMENT MARCH 27, 2020 0052 13 - 3 ©COPYRIGHT 2020 JACOBS 7. INTEREST 7.L All monies not paid when due as provided in Article 15 of the General Conditions shall bear interest at the rate of one percent per month. 8. CONTRACTOR'S REPRESENTATIONS 8.1. In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 8.1.1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 8.1.2. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 8.1.3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 8.1.4. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Article 5 of the General Conditions. 8.1.5. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and Site -related reports and drawings identified in the Contract Documents, with respect progress, and effect performance of the Work; 2) the f such information, observations, and documents on 1) the cost, p g P means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and 3) Contractor's safety precautions and programs. ider that any further examinations, investigations, explorations, 8.1.6. Contractor does not cons tests, studies, or data are necessary for dance w with thee performance of the Work at the Contract Price, within other terms and conditions of the Contract the Contract Times, and inaccor Documents. 8.1.7. Contractor is aware of the general nature in the Cork toact Docbe uments. by Owner and others at the Site that relates to the Work as indicated8.1.8. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. PW\DEN003\C 1 X37700 AGREEMENT MARCH 27, 2020 00 52 13 - 4 ©COPYRIGHT 2020 JACOBS 8.1.9. Contractor has given Engineer written rand th ewritten r discrepancies that Contractor has discovered in the Contract Do uments resolution thereof by Engineer is acceptable to Contractor. 8.1.10. The Contract Documents are generally sufficient t Work and convey understanding of all terms and conditions for performance and furnishing of the 9. CONTRACT DOCUMENTS 9.1. Contents: 9.1.1. The Contract Documents that are associated with this Agreement (except as expressly noted otherwise) consist of the following: 9.1.1.1. This Agreement. 9.1.1.2. Performance Bond. 9.1.1.3. Payment Bond. 9.1.1.4. Addenda. 9.1.1.5. Specifications as listed in the Table of Contents of the Bidding Documents. 9.1.1.6. Drawings consisting of approximately 54 sheets with each sheet bearing the following general title: City Contract 20-05. 9.1.1.7. Drawings consisting of approximately 70 sheets with each sheet bearing the following general title: West 28th Avenue Pump Station Project. 9.1.1.8. Supplementary Conditions — City of Oshkosh. 9.1.1.9. Supplementary Conditions. 9.1.1.10. General Conditions. listed in the Table of Contents of the Bidding Documents. 9.1.1.11. Geotechnical reports f 9.1.1.12. Storm Water Management and Erosion /Sediment Control Plan listed in the Table o Contents of the Bidding Documents. 9.1.1.13. Soil and Ground Water Management Plan listed in the Table of Contents of the Bidding Documents. pW\DEN003\C1X37700 MARCH 27, 2020 ©COPYRIGHT 2020 JACOBS AGREEMENT 005213-5 9.2. Exhibits to this Agreement: 9.1.2.1 Contractor's Bid Tabulation. 9.1.2.2 Contractor's Bid Bond. 9.1.2.3 Bid Form Signature Pages. 9.1.2.4 Documentation submitted by Contractor prior to Notice of Award. 9.1.2.4.1 List of Proposed Subcontractors. 9.1.2.4.2 Disclosure of Ownership. 9.1.2.4.3 Certification of Receipt of Soil and Ground Water Management Plan. 9.1.3 The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 9.1.3.1 Notice to Proceed. 9.1.3.2 Work Change Directives. 9.1.3.3 Change Order(s). 9.1.3.4 Field Order(s). 9.1.3.5 Engineer's written interpretations and clarifications. 9.3. The Contract Documents are complementary; what is required by one is as binding as if required by all. In the event 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 which follows it numerically except as may be otherwise specifically stated. 9.4. There are no Contract Documents other than those listed above in this Article. 9.5. The Contract Documents may only be amended, modified, or supplemented as provided in Article 3 and Article 11 of the General Conditions. 10 MISCELLANEOUS 10.1 Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. AGREEMENT PW\DEN003\C1X37700 0052 13 - 6 MARCH 27, 2020 ©COPYRIGHT 2020 JACOBS 10.2 Successors and Assigns: Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.3 Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.4 Assignment of Contract: 10.4.2 No assignment by a party hereto of any rights under or interests in the Contract shall be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents. P W\DEN003\C 1 X37700 AGREEMENT MARCH 27, 2020 0052 13 - 7 ©COPYRIGHT 2020 JACOBS IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpoint each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on March 25, 2020 (which is the Effective Date of the Agreement). Signed for in behalf of the City of Oshkosh -�^ CONTRACTOR: - -PTS Contractors. Inc. Mark . Rohloff, City Manager 3 By: Mark C. Schleis Pamela R. Ubrig, City Clerk Title: President r hyrIdilDrenson, Ci A torney v Russ Van Gomp , Director of Finance I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. [CORP O E SEA, ] Attest: Title: Corporate Secretary _ Address for giving notices: 4075 Eaton Road Green BT WI 54311 License No. 224743 (Where applicable) Agent for service or process: Mark C. Schleis (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) END OF SECTION AGREEMENT PW\DEN003\C 1X37700 0052 13 - 8 MARCH 27, 2020 ©COPYRIGHT 2020 JACOBS S INC. PTS CONTRA CTOR, 4075 EA TOArR OAD GPEEXBAY, W1 5.4311-9340; or!ru(m (9,26) 468- . 5217 FAX (920J 468-4087 CORPORATERESOLUTION At -a duly constituted Meeting of the Board of Directors of PTS Contractors,. Inc., held. on the I Pt day of July,'20.19., the following resolution was unanimously passed,! BE IT RESOLVED that Mark C. Schleis in his capacity as. President, Steve C, Hom. in jPc .his capacity d 'Strayer in his. capacity as: PT4 -f -4pity as Vice -President or, BtaAden. Coordinator/Estimatot is authorized to,, on the: behalf of and in thename of PTS Contractors, Inc.,. to negotiate, procure and execute such agreements which in his/their opinion are necessary :or advisable sable to effectuate the most favorable terms of PTS Contractors, Inc.,. and, the. execution of such Agreements by said officers shall be conclusive evidence of PTS Contractors, Inc.'s APPrOVaI thereof. IN WITNFss -WHEREOF, I have affixed my name as Secretary of said Corporation and have caused the, Corporate Seal of the Corporation to be affixed this I" day of July, 20.19. Casey W. As an, Secretary REC—prysi) MAR - 9 2020 SECTION 00 4113.1 Dp:pTop PUBLIC WORK LIST OF PROPCOSITY OF OSHKOSH ED SUBCONTRACTORS FOR OSHKOsH, W[SCONSI SINS CONTRACT 20-05 Name 'Cl*asg of Work Address & Telephone - Vic 11tv"i JV-AoA,)Wt,(_ L--r-L " sc-c- 1--r 71 U,� c, cj 111 0 Xx "'J -�-14 DplL-1 L END OF SECTION PW\D8N0031C1X37700 LIST OUROPOSED SUBCONTRACTORS FEBRUARY 1.8,2.020 00 41 13,1 SUPPLEMENT - 1 -CCOPYRIGHT 2020.*JACOBS City Of Oshkosh TO: ALL CONTRACTORS FROM; ENGINEERING DIVISION OF CITY OF OSHKOSH:DEPARTMENT OF PUBLIC WORKS SUBJECT: DISCLOSURE OF OWNERSIiIP FORM RECEIVPD MAR e 9 2020 DgpT OF PUBLIC OSHKOSH, IVISCONOIS Please review .the attached Department of Workforce Development Disclosure of Ownership form. If Item 3 on this Disclosure of Ownership form applies: to. your company; you must complete'the Disclosure of Ownership form and upload in the appropriate location on Quest V-Bid. If Item 3 on. the Disclosure of Ownership form does NOT apply tq your company, you .must complete the information below and upload thispage'in the appropriate location on QuestV=Bid. CERTIFICATION I certify by my signature below that Item 3 of'the. attached Disclosure of Ownership form does NOT. apply to my firm, or itshareholder, officer, or partner of my firm. Name Mark C. S61eis Printed Name President Title PTS Contractors Inc. Company Name March 9 2020 Date 1. \Fnginering\Tracy Taylor\Public W otks Contrails\Mismllamoos\Disclosure of ownership Form 2-1- Page 1 of 1 17.doa City Hall, 215-Church Avenue P.O. Box 1130 Oshkosh; WI 54903-1130. htip://www,ci;oshkoshiWhus State of Wisconsin Department of Workforce Development Equal, Rights Di4lsion Disclosure of Ownership The statutoryauthority for the use of this form is prescribed in Sections 66.d908(12)(d), 66.0904.( D)(d) and 103.49(7)(0), Wisconsin Statutes: The use of this form is mandatory. The penalty for failing to complete this form is prescribed. in Section 103.005(12), Wisconsin Statutes: Personal information you, provide may be used for secondary. purposes'(Priivacy Law, s. 15.04(1) (m), Wisconsin S%gtutes]. (1) On the date a contractor submits a bid to or completes negotiations with a state agency, local goverriMerital unit, or developer; investor or owner on a project subject to Section 66,0903, 66,090.4 or 103A9, Wisconsin Statutes; the contractor shall disclose to such state agency; local governmental, unit, or developer; investor or owner, the'name of any "other construction business," which the.contractor, or a s..hareholder, officer or partner of the contractor,. owns or has owned withinthe- preceding. three,(3) years. , (2) The term "other construction business means any -business engaged in the erection, construction, .remodeling, repairing, demolition, altering or painting and decorating of buildings, structures or facilities. It also means any business engaged. in supplying mineral aggregate, or hauling excavated material or spoil as provided by Sections 66.09.03(.3), 66:0904(2), 10149(2) and 103..50(2), Wisconsin Statutes. (3) This form must. ONLY be filed, with the:state agency project owner, local governmental unit project owner, or developer, investor or owner of a publicly funded, private construction project that will be awarding the contract, if both (A) and (B) are met. (A) The contractor, ora shareholder, officer or partner of the contractor: (1) Owns. at least a 25.% interest in the "other construction business," indicated below, on the date the contractor submits. a.bid or completes negotiations; or (2) Has owned at least a 256/o, interest in the ".other construction business" at any time within the preceding three (3) years.. (B) The Wisconsin Department of Workforce Development (DWD) has determined that the "other construction business" has -failed to pay the prevailing wage rate or time and one-half the required hourly basic rate of pay, for hours worked in excess of the prevailing hours of labor, to any employee at any within the preceding three (3) years. Other Construction Business Business Name Street Address or. P O Box City State Zip Code Business Name - Street Address or P O Box City State Zip Code Business Name Street Add resaor. P O Box: City State Zip Code Business Name Street Address or P O Box City State Zip Code I hereby state under penalty of pe.rjurythat the information, contained in this document, is true and accurate acc.ordinu to: my knowledue and belief.. Print the Name of Authorized Officer Authorized Officer Signature. Date Signed Corporation,. Partnership or. Sole Proprietorship Name Street Address or P O Box City State Zip Code If you. have any questions call. (608) 266-6861 ERD-7777 (R. 0112011) r,A city Oshkosh TO: ALL CONTRACTORS FROM; FNGINEERING:DIvjsjON OF CITY OF OSHKOSH.DEPARTMENT OF PUBLIC WORKS - SUBJECT: SOIL AND GROUND WATERMANAG8MENT PLAN CERTIFICATION -R8c-8fv ZI) Dl?p7, MAR — 9 2020 Os,('Ko'r OPU8LIC W s� 4/1SCO NSIN ORks I certify by my signature Wow that out firm has read the Soil - and: Ground Water Management. Plan included in the Specifications and will comply with the requirements of the Plan. Name Mark C—Sclileis Printed -Name President Title — PIS C=tractqrs, Inc Company Name Mbar 9i 2090 Date, LAEngineeHnS\Tncy Tqlor\ Public Wdr'ks ContraciskIviisceflitnablis\Soll dp Ground Wi!er Miumpment'Plan Ceriiflc-ailcvL24-17,d.Cx Page 1 of City Hall, 215Church Avenue. P.b,gd)(IjSo Oshkosh,W154?03-1130 hFtP://W-WW.Ci.o5hkoSh.wjj)s