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HomeMy WebLinkAboutPW CNT 13-16 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: Ptaschinski Construction Inc. Date: August 5, 2013 W7352 STH 33 Project: Concrete Pavement— Koeller Street Beaver Dam, WI 53916 From: Carol Marchant, Adm. Assistant Re: Contract 13-16 Attn: Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report El Agenda ❑ Meeting Notes El Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Signed Construction Contract— City Contract 13-16 These are being transmitted as indicated below: El For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Signed: Carol Marchant cc: City Clerk (original) Public Works, Engineering (original) City Attorney (copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 24th day of July, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PTASCHINSKI CONSTRUCTION, INC., W7352 STH 33, Beaver Dam, WI 53916, 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. 13-16 for the Concrete Pavement Rehabilitation on Koeller Street, for the Public Works Department, pursuant to Resolution 13-341 adopted by the Common Council of the City of Oshkosh on the 23rd day of July, 2013, 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 Special 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 $178,996.50, adjusted by any changes as provided in the Specifications, 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 Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY 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 he Presence of: CONTRACTOR A,,, P� W Ip PTASCHINSKI ONSTRUCTION, INC. By: 1 Sic (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OfSHKOSH / ./ / , / - / By: - _i - . . __ � ;- . - Al v_ A ..,.1 (Witness) 'J01 P";' z , 4-. 644 j"- ---8gi',I, a/I II/ i/ !%"` ,// And: .% _IL • _ e' 112 '(Witness) Pamela R. Ubrig, City jerk , APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract \ .1, ., , __� 0.u. ■:e \ • OA orney P_1260,11 Si-e- cY-- City Comptroller 3 PERFORMANCE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA BOND Hartford, Connecticut 06183 Bond No.: 105808741 OKV 106 KNOW ALL MEN BY THESE PRESENTS: that Ptaschinski Construction Inc, W7352 STH 33, Beaver Dam, WI 53916 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT 06183 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh, 215 Church Avenue, Oshkosh, WI 54901 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of One Hundred Seventy Eight Thousand Nine Hundred Ninety Six Dollars and fifty cents Dollars ($178,996.50), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated July 24, 2013, entered into a contract with Owner for Concrete Pavement Rehabilitation on Koeller Street Oshkosh Wisconsin (Here insert full name,address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name,address and legal title to Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 1 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any contract or contracts of completion arranged alteration or extension of time made by the under this paragraph) sufficient funds to pay the Owner. cost of completion less the balance of the contract price; but not exceeding, including Whenever Contractor shall be, and declared by other costs and damages for which the Surety Owner to be in default under the Contract, the may be liable hereunder, the amount set forth in Owner having performed Owner's obligations the first paragraph hereof. The term "balance of thereunder, the Surety may promptly remedy the the contract price," as used in this paragraph, default, or shall promptly shall mean the total amount payable by Owner to Contractor under the Contract and any 1) Complete the Contract in accordance amendments thereto, less the amount properly with its terms and conditions, or paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Any suit under this bond must be instituted Contract in accordance with its terms and before the expiration of two (2) years from the conditions, and upon determination by Surety of date on which final payment under the Contract the lowest responsible bidder, or, if the Owner falls due. elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or bidder, arrange for a contract between such for the use of any person or corporation other bidder and Owner, and make available as Work than the Owner named herein or the heirs, progresses (even though there should be a executors, administrators or successors of the default or a succession of defaults under the Owner. Ptaschinski Constr ction Inc. 1 10,04 Ce d_Jiag I i_S.-- (Pri al) (Witness) 411 -4.415. LiA(Title) Travelers Casualty and Surety Company of America ' ii . _A 1 46 – – . –11_' L : 0 —i–■ & { (Surety') (Seal) rnk."-- 60_44A____Dorothy L Hackbarth (Witness) Connie J Born Attorne in Fact (Title) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 2 LABOR AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA MATERIAL Hartford, Connecticut 06183 PAYMENT BOND Bond No.: 105808741 OKV 106 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Ptaschinski Construction Inc., W7352 STH 33, Beaver Dam WI 53916, (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT 60183, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh, 215 Church Avenue, Oshkosh WI 54901 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Seventy Eight Thousand Nine Hundred Ninety Six dollars and fifty Cents Dollars ($178,996.50) (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated April 24, 2013, entered into a contract with Owner for(here insert full name,address and description of project)Concrete Pavement Rehabilitation on Koeller Street Oshkosh WI in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: performed. Such notice shall be served by mailing the 1. A claimant is defined as one having a direct same by registered mail or certified mail, postage contract with the Principal or with a Subcontractor of prepaid, in an envelope addressed to the Principal, the Principal for labor, material, or both, used or Owner or Surety, at any place where an office is reasonably required for use in the performance of the regularly maintained for the transaction of business, or Contract, labor and material being construed to include served in any manner in which legal process may be that part of water, gas, power, light, heat, oil, gasoline, served in the state in which the aforesaid project is telephone service or rental of equipment directly located, save that such service need not be made by a applicable to the Contract. public officer. 2. The above named Principal and Surety b) After the expiration of one (1) year following hereby jointly and severally agree with the Owner that the date on which Principal ceased Work on said every claimant as herein defined, who has not been Contract, it being understood, however, that if any paid in full before the expiration of a period of ninety limitation embodied in this bond is prohibited by any (90) days after the date on which the last of such law controlling the construction hereof such limitation claimant's work or labor was done or performed, or shall be deemed to be amended so as to be equal to materials were furnished by such claimant, may sue the minimum period of limitation permitted by such on this bond for the use of such claimant, prosecute law. the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. c) Other than in a state court of competent The Owner shall not be liable for the payment of any jurisdiction in and for the county or other political costs or expenses of any such suit. subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District 3. No suit or action shall be commenced Court for the district in which the Project, or any part hereunder by any claimant: thereof, is situated, and not elsewhere. a) Unless claimant, other than one having a 4. The amount of this bond shall be reduced by direct contract with the Principal, shall have given and to the extent of any payment or payments made in written notice to any two of the following: the Principal, good faith hereunder, inclusive of the payment by the Owner, or the Surety above named, within ninety Surety of mechanics' liens which may be filed of record (90) days after such claimant did or performed the last against said improvement, whether or not claim for the of the work or labor, or furnished the last of the amount of such lien be presented under and against materials for which said claim is made, stating with this bond. substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or Signed and sealed this 26th day of July, 2013. Ptaschinski Construction, Inc (Pri ipal) J(i(f±o 12 / A% VJP (Witness) ivin (Title) / Travelers Casualty and Surety Company of America at_e_ a,/ t. Ad. .2 Ji� (Sur ) (Seal) Dorothy L. Hackbarth (Witness) Connie J Born Att ney in Fact (Title) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 4 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ�� Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 222283 Certificate No. 005506151 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Connie J. Born,David M.Fister,and Dorothy L.Hackbarth of the City of Beaver Dam ,State of Wisconsin ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 24th day of May 2013 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company . i".If,,. �n OAS H^ ••• J4 F10.E6� O�pN NfG9 Ja+Ns�/f9y JPTY Aso SYg(,y Y 9Y }�Cl NCt1t�ORAtE7 �I��p POR��F m W::,,„RATf,i• � J 1982 0 I 197] RwW �: - aj ._ ,,; W NAHrFORD, < fNAiFtipq s 1951 t�� -`•SEAL/11 ts.SEALi toNNN. o S� CONN u� • s��NCE C° �a' ........46 j v:'• . :ad° 'dy gat P m•��.�xo�. sM �t tg.......* . •d . At" State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 24th day of May 2013 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. to.ItNc *fl rt C My Commission expires the 30th day of June,2016. PPUMA * e w"Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,��,...41 PTASC-1 OP ID: CB AWRL CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �,,,-� 07/26/2013 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 Phone: 920-887-1615 cNAOMEacT RICHARDS INS OF BEAVER DAM LLC PHONE 123 N SPRING ST Fax: 920-887-2851 (A/C.No,Ext): FAX No): P 0 BOX 277 ADDRESS: _ _ ■ -- - BEAVER DAM,WI 53916-0277 , David M.Fister INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED PTASCHINSKI CONSTRUCTION INC INSURER B: W7352 STATE ROAD 33 INSURER C BEAVER DAM,WI 53916 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. ADDL SUBR POLICY EFF POLICY EXP INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE � $ ,. 1,000,000 A CPP0886232 03101/2013 03/01/2014 DAMAGE EMI S(RENTED $ 500,000 X COMMERCIAL GENERAL LIABILITY X PREMISES R occurrence) CLAIMS-MADE X OCCUR 1 MED EXP(Any one person) $ 10,000 PERSONAL 8ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AG G $ 2,000,000 POLICY X PEC°r LOC ' Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ A X_ ANY AUTO CPP0886232 03/01/2013 03/01/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident)' $ AUTOS AUTOS — — NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA L X IAB X OCCUR EACH OCCURRENCE $ 2,000,000 A CLAIMS-MADE 03/01/2014 AGGREGATE $ EXCESS LIAB CPP0886232 0310112 DED X RETENTION$ i $ WORKERS COMPENSATION X WC STATU- °E -I TORY LIMITS - ER— A ANY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? N/A' WC191789906 03/01/2013 03/01/2014 E.L.EACH ACCIDENT $ 100,000 Y/N (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE: $ 100,000 If yes,describe under 500 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT j $ s A Property Off Premi CPP0886232 03/01/2013 03/01/2014 Limit 25,000 Ded 500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) City of Oshkosh and its officers council members, agents, employees, and authorized volunteers are additional insureds per the project: Public Works Contract No. 13-16 CERTIFICATE HOLDER CANCELLATION CITYO-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF OSHKOSH ACCORDANCE WITH THE POLICY PROVISIONS. 215 CHURCH AVE OSHKOSH,WI 54901 AUTHORIZED REPRESENTATIVE ATIV I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD