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Home My WebLink About09-03 pts contractors resolution 09-65 3/10/09s, h APR 3 0 2099 y „ CONSTRUCTION CONTRACT i THIS AGREEMENT, made on the 11th day of March, 2009, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PTS CONTRACTORS, INC., 4075 Eaton 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: for USH 41 utilities south of Lake Butte Des Morts, Public Works Contract No. 09 -03, pursuant to Resolution 09 -65, adopted by the Common Council of the City of Oshkosh on the 10th day of March, 2009, 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 $1,874,429.60, 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. 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. Contractor's Proposal 3. Plans 4. Specifications, including any addenda 5. Instructions to Bidders 6. Advertisement for Bids 7. General Conditions 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. 2 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: ep i e 7 Joski Corporate Secretar (Seal of Contractor if a Corporation.) By :_ APPROVED: ity Attorn CONTRACTOR PTS CONTRACTORS INC. Mark C. Schleis Vice- President (Specify Title) (Specify Title) CITY OF OSHKOSH Mark A. Rohloff, City Manager And: ela R. Ubrig, City I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. -Ptj2,� City Comrt6ddbr 3 WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AIA DOCUMENT "r^y pI JULY 1980 ED. WIS. A312 m m PUBLIC IMPROVEMENT N PF.RF0R MANCR IT. AROR ANT) M A'TFRTA T. 3 PAYMENT BOND VO THIS BOND 1S TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT D TO SECTION 779.14 WISCONSIN STATUTES. < Bond No. 929468558 KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec. 779.14 Wisconsin Statutes as the prime contractor) PTS CONTRACTORS, INC. 4075 Eaton Road Green Bay WI 54311 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of suret WESTERN SURETY COMPANY 101 South Phillips Avenue Sioux Falls SD 57104 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal tide of Owner) CITY OF OSHKOSH 215 Church Avenue Oshkosh WI 54903 -1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of One Million Eight Hundred Seventy Four Thousand Four Hundred Twenty Nine and 60 /100Dollars ($ 1,874,429.60 ), (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their hens, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these • presents. WHEREAS PTS CONTRACTORS, INC. Principal has by written agreement dated 3/11/2009 , entered into a contract with Owner for Contract 09 USH 41 Corridor Utilities, South of Lake Butte Des Morts, Oshkosh, Wisconsin. in accordance with drawings and specifications prepared by (Here insert full name, tide and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, a a The said written agreement, drawings, specifications and amendments IN la are hereinafter referred to as the Contract. � C PUBLIC IMPROVEMENT PERFORMANCE/ LABOR - MATERIAL BOND TWO PAGES WIS. AIA DOC. WIS. A312AUGUST. 1989ED. PAGE 1 1� 5; Copr. 1969 Wisconsin Society of Architects/ AIA 321 S. Hamilton St. Madison, Wis. 53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the' Principal shall faithfully perform the said contract and pay every person entitled thereto for 211 the claims for Iabor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Contract, or change in the work covered thereby, or any extension of time for the completion of the Con- tract shall release the sureties on the bond. 2) Not later than one year after the completion of work under the Contract, any party in interest may maintain an action in his own name against the Signed and sealed this 19th IN THE PRESENCE OF: W itaew "al w; IN nm PRESENCE OF: Principal and the Surety upon this bond for the recovery of any damages he may have sustained by reason of the failure of the Principal to comply with the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the parties pro rata. day of March 2009 PTS CONTRACTORS, INC. mtkMark C. Schleis Vice- President WESTERN SURETY COMPANY Name of Safety B Y : r IX C/� (serf) 11tle; Roxanne Jensen Attorney in -Fact APPROVED BY* Owner By: Werner Title: ( *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE /LABOR MATERIAL BOND TWO PAGES WIS. ALA DOC. WIS. A312 AUGUST 1989 ED. PAGE 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation. having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey R Meisinger, Kelly Cody, Kent Arps, Roxanne Jensen, Individually, of Green Bay, Wisconsin Trudy A Szalewski, Christopher H Kondrick, Cheryl Siem, Brian Krause, Individually, of Milwaukee, Wisconsin its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 9th day of February, 2009. State of South Dakota ss County of Minn( haha �aErry WESTERN SURETY COMPANY N ; v * SCAy �1v ►N Opµ Paul . Bruflat, Sen�Vice Pres ident On this 9th day of February, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ftitititi....YSYNY4tiSStitibti4ti4ti4 1 r D. KRELL l November 30, 2012 i E NOTARY PUBLIC EAS 'r iabSOUTH DAKOTA(C s +tiba�ati 4Sbtiti 4ti bsStitititi+titi0 ! 7 "Krell, y Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this -_ day of WESTERN SURETY COMPANY =H�4 ; �z _ X 1. Aw L. Nelson, Assistant Secretary Form F4280 -09 -06 A CORMD,. < ! /YY) T 03/30/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services Central, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Green Bay wI Office HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 111 N. Washington Street, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 23004 COMPANIES AFFORDING COVERAGE Green Bay WI 54305 -3004 COMPANY Travelers Property Cas Co of America PHONE- (920) 437 -7123 FAX- (920) 431- 6345 A INSURED COMPANY The Travelers Indemnity Co. PTS Contractors, Inc. B 4075 Eaton Road L Green Bay WI 54311 USA COMPANY Travelers Indemnity Co of America 0 x ' COMPANY D 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 CO LT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS m C GENERAL LIABILITY DT -CO- 79216335- TIA -08 07/10/08 07/10/09 GENERAL AGGREGATE $2,000,000 m )( .COMMERCIAL GENERAL LIABILITY General Liability , PRODUCTS- COMP /OPAGG $2,000,000 CLAIMS MADE OCCUR m m0 PERSONAL &ADV INJURY $1, 000, 000 EACH OCCURRENCE $1,000,000 OWNER'S &CONTRACTORS PROT r- Ln FIRE DAMAGE(Any one fire) $300,000 c MED EXP (Any one person) $10,000 Z A AUTOMOBILE LIABILITY DT- 810- 7921B335- PHX -08 07/10/08 07/10/09 COMBINED SINGLE LIMIT $1,000,000 r+ cd X ANY AUTO AUTOMOBILE - COMMERCIAL BODILY INJURY ALL OWNED AUTOS s. � SCHEDULED AUTOS ( Per person) HIREDAUTOS �- �^. p� " REVISED 'a. D E I q p 9 °KATE: C & s ificcagg NON OWNED AUTOS d ated _ � � .tee hareby BODILY INJURY (Per accident) )( Gen'I Agg. Limit per project null a i void. PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE C EXCESS LIABILITY DTSM- CUP - 79218335- IND -08 07/10/08 07/10/09 EACH OCCURRENCE $5,000,00 X UMBRELLA FORM UMBRELLA LIABILITY AGGREGATE $5,000,00 OTHER THAN UMBRELLA FORM B WORKER'S COMPENSATION AND DTDTTHUB - 92228950 -08 07/10/08 07/10/09 X WC LIMIT OTH- TORY LIMITS EMPLOYERS' LIABILITY WORKERS' COMPENSATION - E EACH ACCIDENT $1,000, 000 THE PROPRIETOR! INCL PARTNERS /EXECUTIVE DISEASE- POLICY LIMIT $1, 000,000 OFFICERS ARE: EXCL !L DISEASE -EA EMPLOYEE 1 $1,000,000 MAR 3 1 2009 DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS ' p 4` e ,,. RE: CONTRACT N0. 09 - 03, USH 41 UTILITIES SOUTH OF L E dES� OSFfKOSH a `TA , ADDITIONAL INSURED ON THE GENERAL LIABILITY THE CITY OF OSHKOSH AS RESPECTS TH EE -T-r4 ;MED°'ABOVE PER ifET ADDITIONAL INSURED ENDORSEMENT. NO' 7 _$ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF OSHKOSH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 2n 215 CHURCH STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OSHKOSH WI 54902 LISA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY W OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE � %�rc7lc �A�sG ^�� c.�a e.�iGmtirO ✓ �scc w