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HomeMy WebLinkAboutPW CNT 11-07 PTS Contractors, Inc CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 25th day of May, 2011, 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: Public Works Contract No. 11 -07 for Concrete Paving & Utilities (North Side Area) and appurtenant work, for the Public Works Department, pursuant to Resolution 11 -222 adopted by the Common Council of the City of Oshkosh on the 24th day of May, 2011, 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 $2,682,288.75, 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 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. 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 CO RACTORS, INC. e. / ephl.ne C. Joski ` By: I '� C. porate Secretor eg res nt (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH ,�, City y9 By: 1 Z- a r A. Rohloff, Ci Z1(1/(1, / � / Man er itness) ft N ' And: C � itness Pamela R. Ubn , City itness) 9 Y CI - rk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue gio under this contract. City Attorne'W a _ , 7 City Co .t6j 3 ���1 ® DATE(MM /DD/YYYY) .4.4C-012E, CERTIFICATE OF LIABILITY INSURANCE 06 /01/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to m the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the w certificate holder in lieu of such endorsement(s). m PRODUCER CONTACT -a NAME: Aon Risk services Central, Inc. P ONE FAX Green Bay WI Office (A/C. No. Ext): (920) 437 - 7123 i ( No.): (920) 431 - 6345 a 111 N. Washington Street, Suite 300 EMAIL o P. O. Box 23004 ADDRESS: _ Green Bdy WI 54305 -3004 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Netherlands Insurance Co. (The) 24171 PTS Contractors, Inc. INSURER B: HaWkeye- Security Insurance Company 36919 4075 Eaton Road Green Bay WI 54311 usA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570042691813 REVISION NUMBER: 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 INSR - ADDLSUBR, POLICY EFF POUCY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER 'MM/DD/yrrli IMWDD IYYYY) LIMITS A GENERAL LIABILITY CBP 8693053 7/10/201 07/10/2011 EACH OCCURRENCE $1,000,000 General Liability DAMAGE 10 REN rED $300,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) CLAIMS -MADE I X I OCCUR MED EXP (Any one person) 510,000 ll 44 X Contractual Liability PERSONAL 8 ADV INJURY 51,000,000 m co GENERAL AGGREGATE 52,000,000 rn GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S2,000,000 a 7 POLICY n °- a n LOC o 0 — 0 A AUTOMOBILE LIABILITY BA 8692453 07/10/2010 07/10/2011 COMBINED SINGLE LIMIT AUTOMOBILE - COMMERCIAL (Ea accident) $1, 000 000 X ANY AUTO BODILY INJURY ( Per person) o ALL OWNED - SCHEDULED BODILY INJURY (Per accident) y _ AUTOS _ 0 AUTOS , R NON -OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) w E B X UMBRELLA LIAB X OCCUR CU 8692653 07 / 2010 , 07 / / $6,000,000 U - - EXCESS LIAB CLAIMS -MADE UMBRELLA LIABILITY AGGREGATE $6,000,000 SIR applies per policy terns & conditions DED I X (RETENTION B WORKERS COMPENSATION AND we 8691953 07/10/2010 1wc STATU -I OTH- EMPLOYERS' LIABILITY f N WORKERS COMPENSATION X TORY LIMITS ER ANY PROPRIETOR / PARTNER / EXECUTIVE E.L. EACH ACCIDENT 5100,000 OFFICER/MEMBER EXCLUDED? I N N/A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $100,000 It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT 5500,000 Mil DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: CONCRETE PAVING & UTILITIES (NORTH SIDE AREA), CONTRACT NO. 11 - 07, OSHKOSH, WI. ADDITIONAL INSURED ON THE GENERAL LIABILITY CITY OF OSHKOSH & ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES & AUTHORIZED VOLUNTEERS AS RESPECTS THE PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT, AS REQUIRED BY WRITTEN CONTRACT. ` - tt� n CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. k� CITY OF OSHKOSH AUTHORIZED REPRESENTATIVE 1 4y 215 CHURCH AVENUE OSHKOSH WI 54903 usA c 4a ` �� `f f 9 M Or III ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS ,fi 1,111/6 Sri WIS. AIA DOCUMENT La JULY 1980 ED. _ WIS._ A312 PUBLIC IMPROVEMENT PERFORMANCE /LABOR AND MATERIAL PAYMENT BOND u THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT O TO SECTION 779.14 WISCONSIN STATUTES. Bond No. WIC 49734 1 KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and addressor legal tide of t Contractor, referred to in Sec. 779.14 Wisconsin Statutes as the prime contractor) PTS CONTRACTORS, INC. 4075 Eaton Road Green Bay WI 54,311 as Principal, hereinafter called Principal, and, (Here ;Hart 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 addrw .r legal lids 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 Two Million Six Hundred Eighty Two Thousand Two Hundred Eighty Eight and 75/10ODollars ($ 2,682,288.75 ), (Here invest • sum at lent 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 theses. presegts. WHEREAS, PTS CONTRACTORS, INC. Principal has by written agreement dated 5/25/2011 , entered into a contract with Owner for Concrete Paving & Utilities (North Side Area), Contract No. 11 - 07, Oshkosh, Wisconsin. in accordance with drawings and specifications prepared by (tk. insert tun name, utle and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes,, S The said written agreement, drawings, specifications and amendments a W are hereinafter referred to as the Contract a 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. Hamihon 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 1st day of June , 2011 IN THE PRESENCE OF: PTS CONTRACTORS, INC. Witness Br 4hineCski . Title: Gkint rate Secretary MERCHANTS BONDING COMPANY (MUTUAL) ?a K.4k A I& Naar of Surety iiiPid Wits= Mal 17tH: Roxanne Jensen Attorney -in -Fact APPROVED BY* IN THE PRESENCE OF: Owner Br: (Seal) Witmer cute: *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 • MERCHAN 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 Alps, Brian Krause of Green Bay/Milwaukee/1Vladison and State of Wisconsin its true and lawful Attorney -in -Fad, 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 ($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 Attomey -in -Fad, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attomey 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 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys -in -Fad, 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, this24th day of November, 2010 . Vi1G - ��if>A. MERCHANTS BONDING COMPANY (MUTUAL) m DR•P O q'•�. • • • • y 1933 3 • e • c: 77 • •j6•yi • • 1 Y STATE OF IOWA • • `v ` • * President COUNTY OF POLKss. On this 24th day of November, 2010 , before me appeared Larry Taylor, to me personally known, who being by me duty 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, 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. CINDY SMYTH /{,/ Commission Number 173504 // ��/ owr My Commission Ex ires �J March 16, 2012 Notary Public, 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. �L In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this { 31 day of (ha „-vz )i • 6 '• 1933 Secretary • :• POA 0001 (1/09) •y • • K \ .••