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Home My WebLink AboutPW CNT 07-01/radktke contractorsCONSTRUCTION CONTRACT THIS AGREEMENT, made on the -.< W day of , 2008, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and RADTKE CONTRACTORS, INC., 6408 Cross Road, Winneconne, WI 54868, 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. 07 -01 for Baldwin Detention Basin, for the Public Works Department, pursuant to Resolution 08 -22 adopted by the Common Council of the City of Oshkosh on the 22nd day of January, 2008, 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 $218,670.00, 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 1 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. 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. General Conditions 2. Advertisement for Bids 3. Instructions to Bidders 4. Specifications, including any addenda 5. Plans 6. Contractor's Proposal 7. This Instrument 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 2 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 Presenc f: 2 CONTRACTOR RADTKE CONTRACTORS INC. � Cut E r- D t�f+2Q:�..i� Orr / Cf 2 (Seal o ontractor (. ecify Title) if a Corporation.) By: (Specify Title) CITY OF GI I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. . A a /--? . "-�' j City Comptroller 3 ORIGINAL Bond No. WIC 43018 PERFORMANCE BOND KNOW ALL* MEN BY THESE PRESENTS, that _ Radtke Contractors Inc. 6408 Cross Rd, Winneconne, W1_54986 , Contractor, as principal, an Merchants Bonding Company ,as surety, are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of Two Hundred Eighteen Thousand Six Hundred Seventy & 00/100 - * (Dollars) ($ 218,670.00 ) to be paid to the Owner for which payment welt 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 Radtke Contractors, Inc. did, on the 23rd day of _ January 2Q OL by articles that date, enter into a Contract with the owner for the Public Works Contract No. 07 -01_ Baldwin Detention Basin, Oshkosh, Wisconsin NOW, THEREFORE, if the said Contractor shall save and hold harmless the said Owner from all public liability and damages of every description in connactipn therewith, shall well and faithfully in all things fulfill the said Contract, according to all the carrditipris 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 descrip 'ion in connectxc�n therewith, including payment for all materials, labor and equipment, then this o.bJJ*J.on shall be void and of no effect but otherwise, it shall remain'Infull farce and virtue, and in the event that:the said Owner shall, extend the time. for corriple#�an +of the work �r c►thet'wise modify elements of the Contract in accordance with provisions thereof, such extertsttxns of .time or modifications of.the Contract shall not in any way release the sureties of this bond. WITNESS OUR HANDS AND SEALS this 5th day of February , 20 08 In the Presence of: SEAL) SEAL) Merchants Bonding Com aam (SEAL) .-� �� (SEAL) Surety Roxanne Jensen, Attorney -in -Fact 2 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Timothy J. McKenna, Roger G. Ferris, Jeffery R. Meisinger, Trudy A. Duerr, Christopher H. Kondrick, Kelly Cody, Michelle Halloran, Troy Carlson, Roxanne Jensen, Kenton Arps, Cheryl L. Siem, Brian Krause of Green Bay /Milwaukee /Madison and State of Wisconsin its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its 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 MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), 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 Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary 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. ARTICLE II, SECTION 9 - 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 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, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 6th day of July , 2007 . STATE OF IOWA COUNTY OF POLK ss. CO y 1933 c; MERCHANTS BONDING COMPANY (MUTUAL) By a '--t- 7 7 C7� President On this 6th day of July , 2007 , 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), the corporation described in the foregoing instrument andthai the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board 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. c +� f x F Commission uMYTH 3504 l f i 1. T My Commission Expires March 16, 2009 Notary Public, PolkCc'unty, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. L� �Inf Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this day of POA 0001 (1/06) CO4A.. o RPaq .9 y 1833 e C; b •a Secretary CSR PA ACORD CERTIFICATE OF LIABILITY INSURANCE RADTK - DATE (MM /DDIYYYY) 1 02/05/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Starr Group 430 North Koeller Street PO Box 2648 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TYPE OF INSURANCE POLICY NUMBER Oshkosh WI 54903 -2648 Phone:920 -235 -2764 Fax:920- 235 -2694 INSURERS AFFORDING COVERAGE NAIC4 INSURED INSURER A: West Bend Mutual 15350 INSURER B: EACH OCCURRENCE INSURER C: A Radtke Contractors Inc INSURER D: CPSO446251 6408 Cross Road Winneconne WI 54986 INSURER E: PREMISES(Eaoccurence} $200000 rnVFRAf:FA 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NQ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE {MMlDD1YY) POLICY I ON DATE (MMIDDIYI') LIMITS REPRESENTATIVES. AUTHORIZED REPRESENTATNE GENERAL LIABILITY Tim Starr and Mark Priestaf EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL LIABILITY CPSO446251 01/01/08 01/01/09 PREMISES(Eaoccurence} $200000 MED EXP (Any one person) $10000 CLAIMS MADE X� OCCUR PERSONAL &ADV INJURY $ 1000000 • CG2412 • WB1482 GENERAL AGGREGATE $ 2000000 ADDL I9SD C0ATRACT0R BLKT GEN'L AGGREGATE LIMIT APPLIES PER '. PRODUCTS - COMP /OPAGG $ 2000000 POLICY X PRO ECT LOC J • AUTOMOBILE LIABILITY ANY AUTO CPSO446251 01/01/08 01/01/09 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA A $ ANY AUTO $ AUTO ONLY AGG EXCESS/UMBRELLALIABILITY EACH OCCURRENCE $ 3000000 • X I OCCUR F-1 CLAIMSMADE CPSO446253 01/01/08 01/01/09 AGGREGATE $ 3000000 $ DEDUCTIBLE $ X RETENTION $ Waived WORKERS COMPENSATION AND X TORY LIMITS ER A EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE VNSO446252 01 /01/0$ 01/01/09 E.L. EACH ACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYEE $ 500 000 OFFICERM'EMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500000 OTHER A Installation Float CPSO446251 01/01/08 01/01/09 Each Job 100000 $1,000 D eductible Transit 100000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers shall be additional insureds on the general liability policy on a primary and non - contributory basis. CERTIFICATE HOLDER CANCELLATION CIOS113 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF OSHKOSH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ATTN CITY CLERKS OFFICE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO BOX 1130 OSHKOSH WI 54903 -1130 REPRESENTATIVES. AUTHORIZED REPRESENTATNE Tim Starr and Mark Priestaf ACORD 25 (2001108) VACURD CURFURATIUIV'IUU;J