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HomeMy WebLinkAboutPTS Contractors CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 11th day of November, 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 Jackson Street and Murdock Avenue roundabout utility relocation, Public Works Contract No. 09 -28, pursuant to Resolution 09 -426, adopted by the Common Council of the City of Oshkosh on the 10th day of November, 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 $373,288.15, 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. The City's Approved Plans 3. Specifications, including any addenda 4. General Conditions 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. 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. 2 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 PTS CONTRACTORS INC. 0 By: iA4IdNl! By: Corporate Secretary Greg r. J4s.i President (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: /�— > >� i' _ Mar A. Rohloff, C' ► anag: r itness tale& ' . . � And: _ •_d■ ( e 111 Pamela ' . Ubrig, City Cler AP' ROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue n , _ %j, .lei under this contract. ity Attorn - -y City C roller 3 I. 1r AL L �1 \ \` Itlaaall WISCONSIN SOCIETY OF ARCHITECTS l THE AMERICAN INSTITUTE OF ARCHITECTS ;, "'t! 'i :: Pow Al m l nlmn WIS. AIA DOCUMENT 0 JULY 1980 ED. WIS. A312 P En PUBLIC IMPROVEMENT PERFORMANCE /LABOR AND MATERIAL f-, PAYMENT BOND V THIS BOND IS TO HE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779.14 WISCONSIN STATUTES. Bond No. WIC 45435 KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of tha 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 Surety) MERCHANTS BONDING COMPANY (MUTUAL) 2100 Fleur Drive Des Moines IA 50321-1158 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 Three Hundred Seventy Three Thousand Two Hundred Eighty Eight and 15 /la:Dollars (3 373,288.15 ), (Here insert a sum at lean equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and. severally, firmly by thesc•preseqts. WHEREAS, PTS CONTRACTORS, INC. Principal has by written agreement dated , entered into a contract with Owner for City Contract 09-28, Jackson Street & Murdock Avenue Roundabout Utility Relocation, Oshkosh, Wisconsin in accordance with drawings and specifications prepared by (Here insert tuft name, title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes., in The said written agreement, drawings, specifications and amendments a are hereinafter referred to as the Contract. c PUBLIC IMPROVEMENT PERFORMANCE /LABOR- MATERIAL BOND TWO PAGES M WIS. AIA DOC. WIS. A3I2AUGUST. 1989ED. PAGE 1 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 all the claims for labor 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 Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 13th day of November 2009 IN THE PRESENCE OF: PTS CONTRACTORS, INC. Principal IF , 14" C/ A ' I wi `"n' m+►•: Greg P • ' ' esident MERCHANTS BONDING COMPANY (MUTUAL) i / Apes of Surety — . Q. >s (S.J) _ Kelly Cody Wi .: Roxanne Jensen Attomey -in -Fact APPROVED BY* IN THE PRESENCE OF: °weer By: (Sc.)) witnrs ltL: *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. AIA DOC. WIS. A312 AUGUST 1989 ED. PAGE 2 R MERCHANTS 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 MILLION (515,000,000.00) 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. • 4 P Q4 • MERCHANTS BONDING COMPANY (MUTUAL) • P 9 ••9 �: Vo q�,.y Viz: y 1933 ; c By 4 9/ 0 " 7 STATE OF IOWA •r ' President COUNTY OF POLK ss. On this 4th day of March , 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly swom 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, 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. + �, l CINDY SMYTH �4 _ 1/ E. Commission Number 173504 f/ ows. My Commission Expires VV March 16, 2012 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Wamer, 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) day oflAwc f / �` •• G 1 0€-' 7 a�1 �V`� 0o o P . 09 . • • • • a 1933 O: * ' Secretary :tiJ... , cam: POA 0001 (1/09) .6'4 •*Kv r 1 ' ► R CERTIFICATE OF LIABILITY INSURANCE I UAI t`P'IM /VU /TTTT) 11/16/2009 oD Aon Risk Se rvi ces Central , Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OP (NFORMATIOA' ONLY Green By WI Office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 111 N. WaShi naton Street, Suite 300 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE P. 0. Box 23004 COVERAGE AFFORDED BY VIE POLICIES BELOW. Green Bay WI 54305 -3004 USA INSURERS AFFORDING COVERAGE. NAIC # PItoNE.(920) 437 -7123 PAX •(920) 431 -6345 24171 INSURER A: Netherlands Insurance Co. (The) - INSUrtEn •• PTS Contractors, Inc. IN urteR U: Hawkeye- Security Insurance Company 36919 C: 4075 Eaton Road .. Green Bay WI 54311 USA INSURER C: tI INSURER D: a 1.. INSURER E; COVERAGES SIR applies per terms and conditions of the policy THE POLICIES OF INSURANCE LiSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINC ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTI iIR DOCUMENT WITH RESPECT TO WIIICI I Ti1IS C;RRTiFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE APFORDED By THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED LIB AADM. R LTR iNSRD - OP ;INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY KXPIKATION LIMITS DATE MM /UP /YYYYI DATE(MM/DD/YYYY) - A CBP 8693053 07/10/2009 07/10/2010 EACH OCCURRENCE 51,000,000 giZERAL General Li ability X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 5300, 000 PREMISES (Ea occdrroIwe) CLAIMS MADE ® OCCUR MED EXP ; Any unc ocrao,l) 510,000 N X contractual Liability PERSONAL & ADV INJURY 51,000,000 od 4 GENERAL AGGREGATE 52,000,000 GFiN'L AGGRE6A'1'E LIMIT APPLIES PLR PRODUCTS - C OMP /OP A GO 5 2 , 000 , 000 rY ' 0 PRO- C7 0 POLICY ® El n A AUTOMOBILE LIABILITY BA 8692453 07/10/2009 07/10/2010 COMBINED SINGLE LIMIT ANY AUTO c AUTOMOBILE - COMMERCIAL (E u acc ident) d 51, 000, 000 ,Z : ALL OWNED AUTOS SCHEDULED AUTOS AODILY INJURY 3 ( Pvr P ar son) w H1REU AUTOS "REVISED „ I r � i 1 {C at c INJURY G� (� l� F 11 - •�'s� g=: Ce ��uC . OtraaiJcnl) NUN OWNED AUTOS + F _/ / _ j .. 2 _is � G�ii(:i J ' I �� ? PROPERTY DAMAGE ri U arid void." (Pcreccldcnt) GARAGE LIABILITY AUTO ONLY . EA ACCIDENT -" ANY AUTO OTIII3RTHAN FA ACC AvT0 ONLY ; AcG a EXCESS / UMBRELLA LIABILITY cu 8692653 07/10/2009 • • ' ' EACH OCCURRENCE • . • • • • t • • UMBRELLA LXABILITV AGGREGATE 96,000,000 © OCCUR ❑ CLAIMS MADE ® DEDUCTIBLE RETENTION B W •. • •1 1 1 • • 1 X C STATU. OTH• WORKERS COMPENSATION AND Y / N WORKERS' COMPENSATION 1 ORY LIMrrti PR ` _ EMPLOYERS' LTABiLITY 8.1.. BAcH ACCIDENT 5100, 000 ANY PROPRIETOR/ PARTNER / EXECUTIVE. ® G.Mh4'JVI C 5100, 000 PIM OFFICER/MEMBER EXCLUDED? _ L.L. DISEASE-EA in (Mandatory N win E.L. DISEASE -POLICY LIMIT Wm, dca ribs dadcr SPI C:IAI. PROVISIONS below $500, 000 ka 1-- OTHER DESCRIPTION OF UP ERATIONS IIACATIONS/VDIIICLES/GXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 2 RE: Jackson Street & Murdock Avenue Roundabout Utility Relocation, Oshkosh wI. Additional Insured on the General Liability The City of Oshkosh as respects the project named above per blanket additional insured endorsement. Contract Amount: $373, 288.15. CERTIFICATE HOLDER CANCELLATION city of oshkosh SHOULD ANY OF TILE ABOVE DESCRIBE PULe.:IIi, Hfd CANCI?LLED BEFORE TIIE EXPIRATION 215 church Ave. DATE? THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL, Oshkosh wi 54903 USA 30 DAYS WRITEN NOTICE, TO THE CERTIiiCAT I IOLDER NAMED TO THE LF.Fr, n. stn FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR IA ARII JTY OF ANY K IND UPON THE INSURER, iTS AGENTS OR Rrt'RESENTATIVES. AUTHORIZED REPRESENTATIVE . ask c7 �., 4 fs�e� n ACORD 25 (2009/D1) ©198$ -21M)9 ACORD CORPORATION. All rights reserved= 'the. ACOR.D name knd logo ere registered marks of ACORD TOTAL P.01