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HomeMy WebLinkAboutPW 400 Block Parking Lot Radtke ContractorsCONSTRUCTION CONTRACT THIS AGREEMENT, made on the 30th day of July, 2009, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, RADTKE CONTRACTORS INC., PO BOX 6000,. 6408 CROSS RD., WINNECONNE, WI 54986, 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 400 Block Parking Lot reconstruction, pursuant to Resolution 09 -296, adopted by the Common Council of the City of Oshkosh on the 28th day of July, 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 111. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $547,297.79, 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 necet�-w the contract. �_ r �3 AUG 21 2009 '1 t I (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 HARML 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. Plans 3. Specifications, including any addenda 4. Instructions to Bidders 5. Advertisement for Bids 6. General Conditions 7. Contractor's Proposal 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: CONTRACTOR RADTKE CON CTORS INC UJU By: �2fS, 0 5:,4i (Seal of ntractor (Specify Title) if a Corporation.) 5 �,_ �_ C o0 (Specify Title) ,...O CITY OF OSHKOSH By: And: Pamela R. Ubrig, City Cle I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City CorTTpffdi1er 3 =_ DATE MM DD YY) la w- 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. 0. Box 23004 COMPANIES AFFORDING COVERAGE Green Bay WI 54305 -3004 COMPANY Valley Forge Insurance Co PHONE - (920) 437 -7123 FAX. (920) 431 -6345 A e.: INSURED COMPANY Continental Casualty Company d RADTKE CONTRACTORS INC B 6408 CROSS ROAD s. WINNECONNE WI 54986 USA COMPANY National Fire Ins. Co. of Hartford b 0 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LT DATE (MM/DD /Y]) DATE (MM/DD/YY) C GENERAL LIABILITY C4013155001 01/01/09 01 /01 /10 GENERAL AGGREGATE $2,000,000 n COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY N I` Ln PRODUCTS - COMP /OPAGG $2,000,000 PERSONAL & ADV INJURY $1,000,000 CLAIMS MADE r'-' OCCUR 0 OWNER'S & CONTRACTOR'S PROT N R EACH OCCURRENCE T1, 000,000 FIREDAMAGE(Anvonefire) $100,000 AGG RE G ATE PER PROD MED EXP (Any one person) $5,006 " CONTRACTUAL LIAB Z B AUTOMOBILE LIABILITY 4013155029 01/01/09 01 /01 /10 COMBINED SINGLE LIMIT $1,000,000 r X ANY AUTO BUSINESS AUTO w BODILY INJURY ALL OWNED AUTOS L V SCHEDULED AUTOS ( Per person) BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE B EXCESS LIABILITY 4013155015 01/01/09 01 /01 /10 EACH OCCURRENCE $3,000,00 X UMBRELLA FORM UMBRELLA AGGREGATE $3,000,00 OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND 4013155032 01/01/09 01/01/10 X TORY LIMITS WC S LIMIT OTH W10 EMPLOYERS' LIABILITY WORKER'S COMPENSATION EL EACH ACCIDENT 00 THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE EL DISEASE - POLICY LIMIT $500,000 EL DISEASE -EA EMPLOYEE $100,000 OFFICERS ARE: EXCL DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES !SPECIAL ITEMS RE: 400 BLOCK PARKING LOT RECONSTRUCTION, OSHKOSH, WI. ADDITIONAL INSURED ON ALL LIABILITY POLICIES THE CITY OF OSHKOSH, THE CITY OF OSHKOSH'S ELECTED OR APPOINTED OFFICIALS, REPRESENTATIVE AGENTS AND EMPLOYEES AS RESPECTS THE PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF OSHKOSH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 215 CHURCH AVENUE 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OSHKOSH WI 54903 USA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. Do AUTHORIZED REPRESENTATIVE�� � %ra6.� ! ��iea cSd�ova e7sLr..crro I r oi b PERrORMA NCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. _ON'TRACTOR (Name and Address): SURE -I'Y (Name and Address of Principal Place of Business): Radtke Contractors, Inc. 6408 Cross Rd, W rineconne, WI 54986 Merchants Bonding Company OWNER (Name and Address): 2100 Fleur Drive Des Moines, IA 50321 City of Oshkosh 215 Church Avenue Oshkosh WI, 54903 CONTRACT Date: July 30, 2009 Amount: $547,297.79 Description (Name and Location): 400 Block East Parking Lot Recostniction Jefferson and North Main Street Oshkosh WI 54903 BOND Bond Number: WC 45423 Date (Not earlier than Contract Date): August 5, 2009 Amount: $547,297.79 Modifications to this Bond Form: None °"irety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this rformance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Radtk Contrac Inc. Signat e: (Sea]) Nam itle: C+ Cv (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and "Title; (Seal) SURETY Merchants Bond ing Company (Seal) Surety's Name and Corporate kcal Signature and Title Roxanne Jensen, ttorney =tn Fact (Attach Power ofAttonney Witness: Signature and Title Sul2FTY Surety's Name and Corporate Seal (Seal) B Signature and Title _— —� (!Attach Power of Attorney) Attest: Signature and Titie. EJCnC No. C -610 (2002 Edition) Originally prepared Through Ilse joint efforts of the Surety- Association of America, t ngineet's,loint Contract Documents Committee, the Associated General 00610 -0 -� W~ Contractors of Amerdea, and the American Institute of Architects. t. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for theperformsaceofthe Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surely and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. 1f there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsoquendy to declare a Contractor Default; and 4. Alter Owner has terminated Contractors right to complete the Contract, and if Surety elects to act under Faragtaph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor tinder the Contract, and The responsibilities of Owner to Surety sbaH not be greater than those of Owner uncle the Contract. To a limit of the amount of This Bond, but subject to commitment is Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 63. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance o €Contractor. 3.2. Owner has declared a Contractor Defauh and formally terminated Contraetor'srighi to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Ownerbas agreed to pay the Balance of the Contract Prioe to: 1. Surely in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent or Owner, to perform and complete tine Contract; or 4.2. Undertake to perform and complete the Contract itself, througb its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of The Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the dire» rrtstarim: 1. Adler investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety dots not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety bas denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set offon account ofany such unrelated obligations. No right ofaction shall accrue on this Bond to any person or entity other than Owner or its beirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of compelent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceowd working or within two years after Surety refuses or fails to perform its.obhgations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to surel ies as a defense in the jurisdiction of the suit shaft be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been fumished to comply with a statutory requirement in Ih location where the Contract was to be performed, any provision in this Boni conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming 10 such statutory requirement shall be deemed incorporated herein. The intent is that this Bortd shall be construed as a statutory bond and not as a common law bond. 12. Definitions. I 2 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor Of any amounts receivO or to be mccived by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: )ire agreement between Owner and Contractor identified on the Signature page, including all Contract Documents and changes thereto. 12.3. Contractor Defoule Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terns of the Contract. 12.4. Owner Default: failure of Owner, which has neither been remedied nor waived, to pay Contractor as required b the Contract or to perform and compda a or comply with the ether teens thercor. ___ .. ...... ....... - ...... „- - MR INFORMATION ONLY -- Name, Address and Telephone Aon Risk Services Central, Inc. Surety Agency or Broker P.O. Box 23004, Green Bay, WI 54305 Owner's Respresentalive (engineer or other party) (800) 437_0555 00610 -1 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. .:ONTRACTOR (Name and Address): Radtke Contractors, Inc. 6408 Cross Rd, Winneconne, WI 54986 OWNER (Name and Address): City of Oshkosh 215 Church Avenue Oshkosh, WI 54903 SURETY (Nance and Address of Principal Place of Business): Merchants Bonding Company 2100 Fleur Drive Des Moines, IA 50321 CONTRACT Date_ July 30, 2009 Amount: $547,297.79 Description (Name and Location): 400 Block East Parking Lot Reconstruction Jefferson and North Main Street Oshkosh, WI 54903 BOND Bond Number: WIC 45423 Date (Not earlier than Contract Date). August 5, 2009 Amount: $547,297.79 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. :ONTRACTOR AS PRINCIPAL Company: Radtk ontr Inc. Signature ' (Seal) Name a e: (t � (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL. Company: SURE — 17Y Merchants Bonding Company Surety's Name and Corporate Seal (Seat) By: Signature and Title Roxanne Jensen, ttorney -dn -Fact (Attach Power of o fey) Witness: _ Signature and ' it1e SURETY Signature: (Seal) Name and Title: (Seal) Suretv's Name and Corporate Seal By: _ Signature and Title (Attach Power of Attorney) Attest: Signature and "Tine: - EXDC No. C -615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint C:otiract D ocuments Committee, the Associated General Contractors of America, the American 311sti011e of Architects, the Amerdean Subcontractors Association, and the Associated Specialty ('uulractots. .� _.� _- _.... __ 00615 -0 "-'• - -- _..._ MERCHANT BONDING COMPANY 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 Jeffrey R. Meisinger, Trudy A. Szalewski, Kelly Cody, 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. FIFTEEN NDLLION ($15,000,000.00) 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 4th day of March , 2009. STATE OF IOWA COUNTY OF POLK ss. ;0o�o�iPO9 A9. 4 c . 1933 c' • MERCHANTS BONDING COMPANY (MUTUAL) By / -4e-Z 7 7 President On this 4th day of March , 2009 , before me appeared Larry Taylor, to me personalty 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, and that 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, 1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH _ Commission Number 173504 My Commission Expires O wl March 16, 2012 Notary Pubffc, Polk County, 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. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this C: Nay ofCt ,n+ POA 0001 (1/09) . • \tab Cp •.• �O ?OPP Uq� ; • v �:,�. : y 1933 • J . • • A Secretary