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HomeMy WebLinkAboutPW CNT 12-11/PTC Contractors 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: November 14, 2012 4075 Eaton Road Project: Sanitary Sewer Manhole Rehab Green Bay, WI 54311-9340 From: Carol Marchant, Adm. Assistant Re: Contract 12-11 Attn: 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 Si.ned Construction Contract — City Contract 12-11 • These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Signed: eali.,34/ VA Carol Marchant cc: City Clerk (original) Public Works, Engineering (original) City Attorney(copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 24th day of October, 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 54311-9340, 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. 12-11 for Sanitary Sewer Manhole Rehabilitation Program, for the Public Works Department, pursuant to Resolution 12-515 adopted by the Common Council of the City of Oshkosh on the 23rd day of October, 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 $911,205.62, 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 may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. 2 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 c PTS CONTR TORS, I L., , ...fy---,sep��hire�C Joski By: i„ Corporate Secretary Project Coordinator (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: -- .r����v M rk A. Rohloff, City Ma .ger (Witness) And:' ►%: _k I•! IA,. (Witness) Pamela R. Ubrig, City CI-rk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under it — " • A this contract i lip, ttorney if O' CgeS:2-saf) City Co :!fi r\ 3 ,...,""..N PTSCONT-01 SCME 4 °RQ- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 10124/2012 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(ies) 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 Customer Support Willis of Wisconsin,Inc:Appleton PHONE FAX 122 E.College Avenue E-MAIL-M a Ext): (A/C,No): City Center East,2nd Floor ADDRESS:certrequests.ds@willis.com Appleton,WI 54911 INSURER(S)AFFORDING COVERAGE NAIC R INSURER A:Bitum i nous Fire&Marine Insurance Compan INSURED PTS Contractors,Inc. INSURER B:Bituminous Casualty Corporation 4075 Eaton Road INSURER C: Green Bay,WI 54311- 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR INVD POLICY NUMBER (MM/DD/YYYY) aMM/DDJYYYY) UNITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLP3572958 7/10/2012 7/10/2013 PREMISES(Ea occurrrence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) _ $ 10,000 PERSONAL 8 ADV INJURY _ $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY X ja LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ _ B X ANY AUTO CAP3572959 7/10/2012 7/10/2013 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ $ X UMBRELLA LI1B X OCCUR EACH OCCURRENCE $ 8,000,000 B EXCESS LI1B CLAIMS-MADE CUP2800813 7/10/2012 7/10/2013 AGGREGATE $ 8,000,000 DED X RETENTION$ 10,000 $ WORKERS C COMPENSATION X TORY MS °R- AND PLOYERS'LABI Y A ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N WC3572957 7/10/2012 7/10/2013 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 Ii yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,H more apace Is required) See attached page. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue P O Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh,WI 54903-1130 L 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD PTSCONT-01 SCME 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 Utility Contractors Extended Liability Coverage Endorsement GL-3085(09/11)Which Provides Contractors Automatic Additional Insured Coverage-Ongoing and Completed Operations-Primary and Noncontributory When Required by a Written Contract and Automatic Waiver of Subrogation When Required by a Written Contract Executed Prior to Loss Umbrella Policy Includes Changes-Other Insurance-Additional Insureds Endorsement CUP 0316(01-11)-(Primary& Noncontributory Additional Insured When Agreed in a Written Contract or Written Agreement Executed Prior to Loss) Re: Project#12-11 --Sanitary Manhole Rehabilitation/Infiltration/inflow Reduction Program 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 GL-3085(09/11),Business Auto and Umbrella per policy language. Coverage provided is primary non-contributory if required by written contract. A 30 day notice of cancellation will be provided to the Certificate Holder. i g j 1 4• •15 nowt WISCONSIN SOCIETY OF ARCHITECTS *11111ccI�//� %:t .: THE AMERICAN INSTITUTE OF ARCHITECTS `1�%'"n"':=! ,.Jlup all/ . WIS. MA DOCUMENT JULY 1980 ED. WIS. A312 PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779.14 WISCONSIN STATUTES. Bond No.WIC 53622 vi 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 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 .ddres, 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 Nine Hundred Eleven Thousand Two Hundred Five and 62/10oDollars ($ 911,205.62 ), (Here insert ■ sum at least 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 these presents. WHEREAS, PTS CONTRACTORS,INC. Principal has by written agreement dated 10/24/2012 , entered into a contract with Owner for Public Works Contract No. 12-11,Sanitary Sewer Manhole Rehabilitation Program,Oshkosh.WI in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof and is required by Section 779.14,Wisconsin Statutes, 0 2 The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT 2 PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A3I2AUGUST. 1989ED. PAGE 1 rr Copr.1%9 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 24th day of October , 2012 IN THE PRESENCE OF: PTS CONTRACT RS.INC. Pried* i�liyZL[ C/L�x ✓6� f' /(/■_ (Seal) Witness Tith Proj ect Coordinator MERCHANTS BONDING COMPANY 1MUTUAL) Name of Surety (sea) wi This: Roxanne Jensen Attorney-in-Fact APPROVED BY* IN THE PRESENCE OF: Owner By: (Seal) Witness Tide: *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.MA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Brian Krause; Jeffrey R Meisinger; Kelly Cody; Kenton D Arps; Roxanne Jensen; Trudy A Szalewski of Green Bay and State of WI their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name,place and stead,to sign,execute,acknowledge and deliver in their 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($15,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012. l �t '�it7!#=� may'- ••�O�. �• A'. MERCHANTS BONDING COMPANY(MUTUAL) 14 e.tjv" --4g j'••.'<P ;0� O� �9.�'• : MERCHANTS NATIONAL BONDING,INC. � y .t 4E1 1933 �:c:•$Z , any` �. ••C1/i By � STATE OF IOWA y ' * r'` '• •' COUNTY OF POLK ss. `'44.4,,,,4,40 President On this 2nd day of March , 2012,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)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards 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. MARANDA GREENWALT nit(a 4, a 24n "„‘21 Commission Number 770312 My Commission Expires ° " October 28,2014 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, 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 Companies on this '� ,` day of Q(� (h ns+.,,:>4ra •• •.,NMW • . .` := i .r�i: o- o ^; .G• ssc/ L✓ 2�€ *ri> SGT s s •y 1933 ;C• Secretary 7 POA 0014(11/11) .� y• ,.., ...;... •.b1 • ,:..'• * N.�► • �▪�HIMtNltt"