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HomeMy WebLinkAboutPW CNT 12-04 CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5115 FAX(920)236-5106 LETTER OF TRANSMITTAL To: PTS Contractors, Inc. Date: March 8, 2012 4075 Eaton Rd Project: Concrete Paving & Utilities Green Bay, WI 54311 From: Carol Marchant, Adm. Assistant Re: Contract 12-04 Attn: Mark Schleis Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Signed Construction Contract— City Contract 12-04 Concrete Paving & Utilities—South Side These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Sincerely, eato-e_ovh.eleA Carol Marchant Administrative Assistant cc: City Clerk(original) Public Works, Engineering (original) City Attorney(original) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 29th day of February, 2012, 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. 12-04 for Various Concrete Paving & Utility Projects — South Side, for the Public Works Department, pursuant to Resolution 12-70 adopted by the Common Council of the City of Oshkosh on the 28th day of February, 2012, 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 $5,387,180.51, 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. INSURANCE The Insurance required by the City of Oshkosh as specified in the City's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this contract, the specifications, whichever is longer. ARTICLE VI. 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. City of Oshkosh Standard Specifications 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 2 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. 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. ephine C. Joski By` Corporate Secretary Mark C. Schleis Vice-President (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH v i By: rxti .�� ���� 2 G�Z M rk A. Rohloff, City M(GV itness 1 And: (� .,- �A' �iL L' � ��. `�v��-�'_ City Cleric fitness) Pamela R. Ubrig, C ty APP-OVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. Cit . rney -X12-17)CD City Co troller 3 sommims ■Nwilw ` rrs WISCONSIN SOCIETY OF ARCHITECTS ■THE AMERICAN INSTITUTE OF ARCHITECTS Rt:`,14• 'U.,,� al u t WIS. MA DOCUMENT tt� �— JULY 1980 ED, WIS. A312 m P PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND gyp' THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT O TO SECTION 779.14 WISCONSIN STATUTES. Bond No.WIC 51810 d t7 3 KNOW ALL MEN BY THESE PRESENTS: that Mere insert name and address ee haat title eI the Contractor, referred to is Sec.779.14 Wisconsin Statutes at the prime contractor) PTS CONTRACTORS,INC. 4075 Eaton Road Green Bay WI 54311 as Principal, hereinafter called Principal, and, (sere insert the legal tide and address .1 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 er leant tide .f 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 Five Million Three Hundred Eighty Seven Thousand One Hundred Eighty and 51/100Dollars ($5,387,180.51 ), (Here insert a sum at Mast equal so the centred peso.) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, PTS CONTRACTORS,INC. Principal has by written agreement dated 2/29/2012 , entered into a contract with Owner for Various Concrete Paving&Utility Projects-South Side,Oshkosh,Wisconsin. in accordance with drawings and specifications prepared by (Here insert t.lB .ante, ads and madras) which contract is by reference made a part hereof and is required by Section 779.14,Wisconsin Statutes, gY in The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. C N g►1 -t PERS§RIM APNCOE/I.ABOR•MATERJAL BOND TWO PAGES °O WIS.AIA DOC.WIS.A3I2AUOUST. 1989ED. PAGE Cops.1969 Wisconsin Society of Architecis/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 29th day of February , 2012 , IN THE PRESENCE OF: PTS CONTRACTORS,INC. PlDa1 �— (22- ,; fr: (Sad) "hoer 'tee: Vice—President RCHANTS BONDING COMPANY(MUTUAL), / 1'taz+r�(frosty,___ Its' t 11 �i/ l�C C �- 7,)Q.l. (SW) 1 1Yr ew Two; Roxanne Jensen Attorney-in-Fact APPROVED BY* IN THE PRESENCE OF: amber 31: (Fell Wieser rids: *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.A112 AUGUST 1989 ED. PAGE 2 MERCHANTS � BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duty 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,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($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 24th day of November, 2010. '..4?..P O O4 MERCHANTS BONDING COMPANY(MUTUAL) 9 ••9 .y•2 _ �,: •• ••z; .:• y 1933 : . 8y Z.Asf-, 7:7„.‘, •...• , ..._. STATE OF IOWA • •• President COUNTY OF POLK ss. On this 24th day of November,2010 ,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,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 sF Commission Number 173504 �� owe My Commission Expires uuu 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. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on this ki day of �A._C a0l.. •��NG COM• •z.. :3• Secretary • . ••• 1933 ;C: POA 0001 (1/09) *•.;'W•' '•�1.' BRBA '4`,,'�,,� '°Y CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY) 2/29/2012 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(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (920)739-7711 CONTACT NAME: Barbara Brouillard Willis of Wisconsin, Inc.-Appleton PHONE (aO E No,et):920-968-5289 FAX,No) : 920-560-4089 122 E.College Avenue A DRESS:Barbara.Brouillard @Wiilis.com City Center East,2nd Floor PRODUCER ,Appleton,WI 54911 CUSTOMER ID#:PTSCONT-01 INSURER(S)AFFORDING COVERAGE NAIC# INSURED PTS Contractors,Inc. INSURER A:The Netherlands Insurance Company 4075 Eaton Road INSURER e:Hawkeye-Security Insurance Green Bay,WI 54311- INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. i R TYPE OF INSURANCE ADDL SUER POLICY NUMBER (MM DCD/ YYYY) (M LT POLICY/Y IN VD LIMITS LTR INSR YD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X CBP8865902 7/1012011 711012012 pREMISES EaEoccu ence) 3 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person( $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PROT- LOC $ JEC AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,000 7110/2011 7!1012012 (Ea accident) A X ANY AUTO BA8866002 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS S $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 8,000,000 EXCESS LIAB CLAIMS-MADE: 7/1012011 7/10/2012 AGGREGATE $ L000,000 B X CU8866302 DEDUCTIBLE $ X RETENTION S 10,000 S WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS 02.P - AND ANY PROPRIETOR/PARTNER/EXECUTIVE' N N/A WC8866202 711012011 7/1012012 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 100,000 tt yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) See attached page. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO Box 1130 Oshkosh,WI 54903-1130 AUTHORIZED REPRESENTATIVE C.,' ex-�. ..__ Ct _ -,.. uut.: t:s--r.r x 1 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD PTSCONT-01 BRBA PAGE 1 OF 1 DESCRIPTION OF OPERATIONS - PTS Contractors,Inc. City of Oshkosh 4075 Eaton Road 215 Church Avenue Green Bay,WI 54311- P O Box 1130 Oshkosh,WI 54903-1130 Commercial General Liability includes the following endorsements: Additional Insured-Owners,Lessees,or Contractors-Automatic Status When Required in Construction Agreement With You 22-132 (01/08) Additional Insured-Automatic Status When Required in A Construction Agreement With You-Contractors-Completed Operations 22-135(01-08) Waiver of Transfer of Rights of Recovery Against Others to Us-When Required in a Contract or Agreement With You 22-126(01-08) Re:Public Works Contract No. 12-04 In regards to this project,the City of Oshkosh,and it's officers council members, agents,employees and authorized volunteers are additional insureds under the Commercial General Liability per Additional Insured Endorsements 22-132(01-08) and 22-135 (01-08),Automobile Liability per Business Auto Extension Endorsement 16-59(03-99).and Umbrella per policy language. Coverage provided under the Commercial General Liability and Auto Liability is primary non-contributory. Policies shall be endorsed to provide 30 day notice of cancellation to City of Oshkosh,City Clerk,P 0 Box 1130,Oshkosh WI 54903 •