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Home My WebLink AboutPW CNT 04-12/Vinton Const Þ" ~~ ~eÞÞ CONSTRUCTION CONTRA CT THIS AGREEMENT, made on the 11th day of August, 2004, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and VINTON CONSTRUCTION CORP., PO Box 1987, Manitowoc, WI 54221, 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. 04-12 for utility work, pursuant to Resolution 04-268 adopted by the Common Council of the City of Oshkosh on the 10th day of August, 2004, 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 $891,369.90, 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. General Conditions 2. Advertisement for Bids 3. Instructions to Bidders 4. Specifications, including any addenda 5. Plans 6. Contractor's Proposal 7. This Instrument 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. 2 ";,,. . "':) 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: ça-::/ (Seal of Contractor if a Corporation.) CONTRACTOR VINTON CONSTRUCTION CORP. BY:(r- --, ð ~ ('¡2£';' J/)JE:/Ur (Specify Title) By: Øt"~ ~~ '(JGß ¡:;~&.s /~J£AJ r (Specify Title) By: And: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. [~JQ ~J City Comptroller 3 Vinton Construction Company Bond No. TE 4474 WISCONSIN ARCHITECTS INSTITUTE SOCIETY OF THE AMERICAN OF ARCHITECTS ci UJ 0'> 00 0'> WIS. AlA DOCUMENT JULY 1980 ED. WIS. A312 r-: Cf) :J 0 :J -< PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND ~ M -< cñ .~ u 0 0 <: :;: cñ ~ THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779.14 WISCONSIN STATUTES. KNOW ALL MEN BY THESE PRESENTS: that (Here inJCrt name and address or legal title of the Contractor, referred to in Sec. 779.14 Wisconsin Statutes as the prime contractor) Vinton Construction Company, 2705 North Rapids Road - P.O. Box 1987, Manitowoc, P. . I h . f II d P. . I d . Wisconsin 54221-1987 as nnClpa, erelna ter ca e nnClpa, an , (Here Insert the legal title and address of Surety) ST. PAUL FIRE AND MARINE INSURANCE COMPANY, 20800 Swenson Drive - Suite 300, . Waukesha, Wisconsin 53186-40571 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 title of Owner) The City of Oshkosh, 215 Church Avenue - P.O. Box 1130, Oshkosh, Wisconsin 54902-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Eight Hundred Ninety-One Thousand Three Hundred Sixty-Nine and 90/100s Dollars ($891,369.90), (Here insert a 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.. preseI\ts. WHEREAS, Principal has by written agreement dated August 11 . 200,4entered into a contract with Owner for Public Works Contract No. 04-12 - Uti¡ity Work in the City of Oshkosh, Wisconsin 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~ ::;: ¡ïJ :> :; 0 0 ~ ::;: ¡ïJ The said written agreement, drawings, specifications and amendments :> w Ñ are hereinafter referred to as the Contract. :> c a c '" .""' PUBLIC IMPROVEMENT PERFORMANCE / LABOR-MA TERlAL BOND WIS. AlA DOC. WIS. A312AUGUST. 1989EO. ::õ 00 \0 trJ ~ TWO PAGES PAGE I Copr. 1969 Wisconsin Society of Architects/ AlA 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: Principal and the Surety upon this bond for the recovery of any damages he may have sustained by reason of the failure of the Principal to comply with 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. Terrorism Rider attached is included under this Bond. Signed and sealed this 16th day of August 1) No assigrunent, modification or change of the Contract, or change in the work covered thereby, or any extension of time for the completion of the Con- tract shall release the sureties on the bond. -4 j IN THE PRESENCE OF: p~¡ç~ ~~( ,." "« ;-""". ~ /' ' Witnea IN THE PRESENCE OF: or ~ ð-o~ , .200~, VINTON CONSTRUCTION COMPANY Priacipal ~~~ Ti: '/e. a:.s I p r (Seal) COMPANY act APPRß~ B:¡ OS h 1(0 sit. r Y4øk / Ownu (Seal) By: ManaJet- *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 WIS. AlA DOC. WIS. A312 AUGUST 1989 ED. TWO PAGES PAGE 2 StRtul Surety Sc Paul Flrr and Marinr rn.~uran« Company United States Fidelity and Guoron(y'~;omrany Sc rout Guardian Insuranrr Company Fidelity IIlId Guaran(yInsuranc.r Company SL Paul Mercury Iluurancr Company Fldc[jty and GuarAnty Insurance Undcrwrltcn,lnc. Seaboard Surety Company St. Pau! Medica! UabW(y Insurance ColÌlplny Vinton Construction Company Bond No. TE 4474 """""~'^~ """',," "" '- Execut 'n Four Copi~':?h" - This Disclosure Notice IS Incorporated in amount of insured losses under the Act exceeds $100,000,000,000 during the applicable; period for all insureds and all insurer's combined. In that case, we will . forthe payment of any amount \vhich exceeds that aggregate amount of PRODUCER Aon Risk services. Inc, 701 cherry Street P. O. Box 23004 Green Bay WI 54305-3004 of wisconsin DATE (MM/DD/YY) 08/16/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE A CORDTM COMPANY B Insurance company of the State of PA ¡ ~ !;: :; , ~ "t ,.. . ~ "t ~ ::I PHONE. (920) 437-7123 INSURED vinton construction company 2705 North Rapids Road POBOX 1987 Manitowoc WI 54220 USA FAX - (920) 431-6345 COMPANY A zurich American Ins co COMPANY C 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. co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPlRA nON DATE (MM/DDNY) DATE (MMlDDNY) LIMITS BODILY INJURY ( Per person) <; $2,000,000 ~ <; $2,000,000 ~ c $1,000,000 C $1,000,000 :::: v $100,000 c $5,000 Z .. ... 0: $1,000,000 ~ ;:: ... .. c.; A GENERAL LIABILITY GL09378198-00 GENERAL LIABILITY 01/01/04 01/01/05 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG B X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 0 OCCUR OWNER'S & CONTRACTOR'S PROT PERSONAL & ÞDV INJURY EACH OCCURRENCE FIRE DAMAGE(Any one fire) MED EXP (Anyone person) A BAP9378199-00 BUSINESS AUTOMOBILE 01/01/04 01/01/05 COMBINED SINGLE LIMIT BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE 4604-9998 UMBRELLA 01/01/04 01/01/05 AGGREGAT EACH OCCURRENCE OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND ~lc9378200.-00 EMPLOYERS'LiABILITY WORKERS COMPENSATION THE PROPRIETOR! INCL PARTNERSÆXECUTIVE OFFICERS ARE: EXCL 01/01/04 01/01/05 EL DISEASE-POLICY LIMIT EL DISEASE-EA EMPLOYEE $500,000 $100,000 CITY OF OSHKOSH 215 CHURCH AVE POBOX 1130 OSHKOSH WI 54902-11 Sit: ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E~ IRATION DATE THEREOF, THE ISSUING COMPANY WILL €NÐE-AVGR-+G MAIL 30 AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT t^ILURE TO M~~ S'::N::I:: ~:\l~P::: :: o:c~:::o ::: . ~F ^NY KIND UDON THE COMP.^,N~. ITS AG€NTè OR REPRE~NT~TI"ES. CITY C~~~!:.~.~.s!~iC- ~rHORIZED REPRESENTATIVE - ~ iiii ------. =&,.' 8...1 ~ ~ -rJ .--.:. :...J ~ õõ-J ~ - ~ ~ ~ ð ~ . ~~~CRIPÞù~1 <f'C O~W'R~~ON(lf~f~A'e~~J:!.Iï~ÇSf:¥CIAL ITEMS THE CITY OF OSHKOSH, ITS ELE~TÊÒ(fk APPOINTED OFFICIALS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS ON THE GENERAL, AUTOMOBILE & UMBRELLA LIABILITY POLICIES FOR LIABILITY ARISING OUT OF PROJECT WORK. PRODUCER Aon Risk services, Inc. 701 cherry Street P. O. BOX 23004 Green Bay WI 54305-3004 of wisconsin DATE (MM/DD/YY) 08/16/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE A CORDTM ."". '-"','.." ."", . 0 ¡¡: :;: : 0 ,"I: ... . 0 :: ~ ::I PHONE - (920) 437-7123 INSURED , . vi nton Constructi on company !: -. 2-7.05 North. Rapi ds Road P o.Box1987 Manitowoc WI 54220 USA FAX- (920) 431-6345 COMPANY A zurich American Ins Co COMPANY 8 Insurance company of the state of PA ".. ."\... COMPANY C 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. CO TYPE OF INSURANCE POLICY NUMBER LTR A GENERAL LIABILITY GL09378198-00 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADÉ 0 OCCUR OWNER'S & CONTRACTOR'S PROT A BAP9378199-00 BUSINESS AUTOMOBILE ALL OWNED AUTOS POLICY EFFECTIVE POLICY EXPIRATION DATE (MMlDDNY) DATE (MM/DDIYY) LIMITS MED EXP (Anyone person) $2,000,000 $2,000,000 $1,000,000 $1,000,000 $100,000 $5,000 < "- v < " t'- C ,... C C t'- v 01/01/04 01/01/05 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE 01/01/04 01/01/05 COMBINED SINGLE LIMIT $1,000,000 ë Z .. ... ~ " ¡;; .-: .. .. c..; FIRE DAMAGE(Any one fire) BODILY INJURY ( Per person) BODILY INJURY (Per accident) NoN-OWNED AUTOS PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGAT B EXCE S LIABILITY X U BRELLAFORM 4604-9998 UMBRELLA 01/01/04 01/01/05 EACH OCCURRENCE AGGREGATE ,', "..' 0 HER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! PARTNERS/EXECUTIVE OFFICERS ARE: wC9378200-00 WORKERS COMPENSATION 01/01/04 01/01/05 c~ {g n W Œ' \..- EL DISEASE-POLICY LIMIT EL DISEASE-EA EMPLOYEE $500,000 $100,000 DESCRIPTION OF OPERA TIONS/LOCA TlONSNEHI RE: PUBLIC WORKS CONTRACT U4- THE CITY OF OSHKOSH, ITS ELECT GENERAL, AUTOMOBILE & UMBRELLA INSUREDS ON THE . ~ ~ ........... =a. .... w:- IJI' =-- -;r.. ~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF OSHKOSH 215 CHURCH AVE POBOX 1130 OSHKOSH WI 54902-1130 USA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EÞIOE^VOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FI'.ILURE TO MI'IL &:UCÞI NOTICE &:ÞI'\LL IÞWOSE Þ10 OgLlG^,Tloþl OR lI^.lJllITY OF '\ÞIY KIND "POÞI TÞlE COÞ1PNIY, ITS J'CENTS OR REPRESEÞIT^,TI"ES, AUTHORIZED REPRESENTATIVE ~. *.-- ~ ~ ~ ~- " ow,. i# Vi':