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Home My WebLink AboutPW CNT 05-05/Vinton Const C!".'- I .... , CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 11th day of May, 2005, 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. 05-05 for utility work, pursuant to Resolution 05-134 adopted by the Common Council of the City of Oshkosh on the 11th day of May, 2005, 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 $5,370,647.70, 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 'j. -' . 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: 'L2 . ~~ ~-~~~ - - (Seal of Contractor if a Corporation.) ~~ÞL (Wit s) APPROVED: CONTRACTOR VINTON CONSTRUCTION CORP. BÒ-ð ~ r~&.$ II.) IE N Î (Specify Title) By: ~ /- ~Á-- y,t:.J£ r/l&$IP$~ r (Specify Title) CITY OF OSHKOSH~ BY:~ ichard A. Wollangk, City Manager And~ ,- Pamela R. Ubrig, City Clerk I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. G~ ~ O~ City Comptroller 3 Bond No. 103608294 Executed in Four Copies WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE ARCHITECTS OF (;) UJ '" 00 '" WIS. AlA DOCUMENT JULY 1980 ED. WIS. A312 ¡..: (/) ::> Q ::> < PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND ~ :;: en ~ u 0 (;) ...: ...: 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 insert 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, Wisconsin as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) 54221-1987 ST. PAUL FIRE AND MARINE INSURANCE COMPANY, 445 South Moorland Road, Brookfield, Wisconsin 53045 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (NaJIle and address or legal title of Owner) The City of Oskhosh, P.O. Box 1130, Oshkosh, Wisconsin 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 Seventy Thousand Six Hundred Forty-Seven and 70/100s ---------------------------------------------- Doll~ ($5,370,647~10 (Here insert 8 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, finnly by these. PreseI\ts. WHEREAS,. Principal has by written agreement dated May 11 . 209~ntered into a contract with Owner for Public Works Contract No. 05-05 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 SectiQll 779.14, Wisconsin Statutes; :::¿ U; >- ;; 0 0 ('. :::¿ ¡;; The said written agreement, drawings, specifications and amendments ¡ >- w ;::; are hereinafter referred to as the Contract. >- c:: 0 c:: Vl .--1 PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND WIS. AlA DOC. WIS. A312AUGUST. 1989ED. Copr. 1969 Wisconsin Society of Architects/ AIA 321 S. Hamilton St. Madison, Wis. 53703 :¡; 00 'D tT1 ~ TWO PAGES PAGEl 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 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. 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 11th day of May , . 200~ IN THE PRESENCE OF: VINTON CONSTRUCTION COMPANY Princip81 9~ A:~'/ ~Å-,,;J;P~ ST. PAUL FIRE AND MARINE INSURANCE (Sea) COMPANY y5~~ Name of Surety By: TItle: J (Seal) APPROVED BY* [:'\1 THE PI}ESENCE OF: Owner By, (s.",¡ ) Witness TItle : *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 viliage by its president, of a town by its chainnan, of a school district by the director or president and of any other public board or body by the presiding officer tl.ereof. PUBLIC IMPROVEMENT PERFORMANCE I LABOR-MATERIAL BOND WIS. AlA DOc. WIS. A3I2 AUGUST 1989 ED. TWO PAGES PAGE 2 05/12/2005 04:17:44 PM CAROL SPENCER FAX SERVER Page 2 A CORDTM ATE (MM/DD/YY 05/12/05 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 PRODUCER Aon Risk services, Inc, of wisconsin 701 cherry S~ree~ P. O. Box 23004 Green Bay WI 54305-3004 PHONE. (920) 437-7123 INSURED Vin~on cons~ruc~ion company 2705 Nor~h Rapids Road POBox 1987 Mani~owoc WI 54220 USA FAX - (920) 431-6345 COMPANY A valley Forge Insurance Co COMPANY B Na~ional Fire Ins. co. of Har~ford ~ = ~ .. "CI - á¡ "CI Q =: COMPANY C con~inen~al casual~y company 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 NN 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. CO TYPE OFJNSURANCE POLICY NUMBER POLICY EFEECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDIYY) DATE (MMIDDIYY) VI VI 8 GENERAl LIABILIiY 2064526753 01/01/05 01/01/06 GENERAL AGGREGATE $2,000,000 VI <J:) GENERAL LIABILITY PRODUCTS. COMP/OP AGG $2,000,000 0 X COMMERCIAL GENERAL LIABILITY <J:) m ŒJ OCCUR PERSONAL & ADV INJURY $1,000,000 ,..¡ CLAIMS MADE 0 $1,000,000 R OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE VI X AGGREGATE PER PROJ FIRE DAMAGEfAnv one fire) $100,000 Q MED EXP (Arrv one person) $5,000 Z .! c AUTOMOBILE LIABILIiY BUA 2064526560 01/01/05 01/01/06 COMBINED SINGLE LIMIT $1,000,000 ¡J = X ANY AUTO BUSINESS AUTOMOBILE :e ALL OWNED AUTOS I¡ BODILY INJURY U (Per pers-on) BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE AUTO ON.. Y . EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE C EXCESS LlABILIiY OJP2079989443 01/01/05 01/01/06 EACH OCCURRENCE X UMBRELLA FORM UMBRELLA AGGREGATE OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND wc2064526574 01/01/05 01/01/06 EMPLOYERS' LIABILITY WORKERS COMPENSATION THE PROPRIETOR! INCL EL DISEASE.POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE DESCRtPTION OF OPERATlONSILOCATlONSNEHICLES/SPECIAL ITEMS RE: PUBLIC WORKS CONTRACT NO, 05-05. - ~ ~ G.SRltÌÊ'Jt!Afœ!QØt!ÐEetm4m@!!iMtWij&tf:iWDKYiit£@P;:¡;¡;UäiikM&!t;N:iCJÜiJ'êËet14itídNJItiiM:n¡:ntKiUnMtIi;;:¡W¡Wf:¡m;:ntt1XMWi&;'miH~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Ëi EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Z 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ~ ~ ~ ;;¡¡ ~ ð1r ii:i15 - CITY OF OSHKOSH 215 CHURCH AVE P.O. BOX 1130 OSHKOSH WI 54902-1130 USA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ ..c-;::..::::;, ~- 05/12/2005 04:17:44 PM CAROL SPENCER FAX SERVER Page 2 A CORDTM ATE (MM/OO/YY 05/12/05 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 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE PRODUCER Aon Risk services, Inc. of wisconsin 701 cherry Street P. O. Box 23004 Green Bay WI 54305-3004 PHONE. (920) 437-7123 INSURED Vinton construction Company 2705 North Rapids Road POBox 1987 Manitowoc WI 54220 USA FAX - (920) 431-6345 COMPANY A valley Forge Insurance Co COMPANY B National Fire Ins. Co. of Hartford ¡,; Q¡ = :¡: Š 'tI - ~ 'tI Q == COMPANY C continental Casualty company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERla!;) INDICATED, NOTWITHSTANDING f.N'( REQUIREMENT, TERM OR CONDITION OF f.N'( 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, CO TTI'E OF J1'!SURANCE POLICY NUMBER POLICY El'FECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMjDDIYY) DATE (MMIDDIYY) IJI 01/01/05 IJI B GENERAL LIABILIlY 2064526753 01/01/06 GENERAL AGGREGATE $2,000,000 IJI <.t> GENERAL LIABILITY PRODUCTS. COMP/OP AGG $2,000,000 0 X COMMERCIAL GENERAL LIABilITY <.t> '" [K] OCCUR PERSONAL & ADV INJURY $1,000,000 ,.. CLAIMS MADE 0 $1.,000,000 R OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE IJI X AGGREGATE PER PRO) FIRE DAMAGEfAnv one fire) $100,000 ë:i MED EXP (Arrv one person) $5,000 Z .a c AUTOMOBILE LIABILIlY BUA 2064526560 01/01/05 01/01/06 COMBINED SINGLE LIMIT $1,000,000 ~ = X ANY AUTO BUSINESS AUTOMOBILE 1: All OWNED AUTOS Q¡ BODilY INJURY U ( Per pers,on) BODILY INJURY NON.OWNED AUTOS (Per accident) PROPERTY DAMAGE AUTO ON~ Y - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGA1E C EXCESS LIABILIlY CUP2079989443 01/01/05 01/01/06 EACH OCCURRENCE X UMBRELLA FORM UMBRELLA AGGREGA1E OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND wc2064526574 01/01/05 01/01/06 EMPLOYERS' LIABILIlY WORKERS COMPENSATION THE PROPRIETOR! INCl EL DISEASE.POLICY LIMIT $500,000 PARTNERSIEXECUllVE OFFICERS ARE: EXCL. El DISEASE.EA EMPLOYEE $1.00,000 DESCRIPTlON OF OPERATlONSILOCATlONSNEHICLES/SPECIAL ITEMS RE: PUBLIC WORKS CONTRACT NO, OS-OS. - ~ ~ :øERmfMUtm~føtDSRtt!Ë;¡!@J;11:itm;:ttt¡iY:Uttt!%ééti1N¡¡@:'1WiUf;;MHRtabeti11tmtõfíiW;;i;P:;'éNiJf\:;Wiäritl1JMri¡&iYtm1lt:&M1;ä:Mi';æ;M~ ~ --=- "'-" Z ~ -.II ~ ~ ~ ~ - CITY OF OSHKOSH 215 CHURCH AVE P.O. BOX 1130 OSHKOSH WI 54902-1130 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAllON DA1E THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITIEN NOllCE TO THE CERTIFICA1E HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOllCE SHALL IMPOSE NOOBLIGAllON OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTAllVES. AUTHORIZED REPRESENTATIVE ~ -- £:"" ~.... .....,-- .. 'p C\~<\L ~.vJ . ~~c.v Northeast Asphalt, Inc. "Paving the Way to the Future" ! October 24, 2006 , '~1P.0 !"> 't. II.., /," d..; !J !y:!J:;>' 0;; if} 01:, ~-8S'),., . i{(llJlf St. Paul Fire & Marine Insurance Company Attn: Claims Dept. 385 Washington' Street St. Paul, MN 55102 General CO[1tractor: Vinton Construction Company Bond #: 103608294 Owner: City of Oshkosh Project: C/O Oshkosh Public Works Project ID: 05-05 Winnebago County, Wisconsin I. -rr. 0 '.~);-'~""~" {i'~,"'n~~"'n-~ij/1 ml.":;.~;'. ..j';"... ""''''....~..... <:l ,,;. I.....r V i",;'ii ,. \\ k ~--...::.... ,.."., '-, ,,..! 'ul'nuL OCT 2 ~.200~.llnij ,I . "11 ! ..... C ~. '" .1 fTV CLERK'S 0- c:r-.-"".('"1.tj';-. ,! I r- \,,1'':: ..~~~. . Re: This is a notification that Northeast Asphalt, Inc. was paid $2,257.96 from Vinton ConstruCtion Company, on the above referencedproject. We therefore release our bond claim. . If you require any additional information or have any questions please feel free to contact me at (920) 757-7567. Sincerely, Northeast Asphalt, Inc. Jyjj fLQ1l; Jodi Rose, Engineering Support Manager Enclosures Cc: Vinton Construction Company City of Oshkosh Corporate Office · Area Office · Area Office · Area Office · W6380 Design Drive . GreenviUe, WI 54942 · 920-757-2900 ph .. 920-757-2906 fax 20 Camelot Drive . Fond duTac,W154935 · 920-921-5577 ph · 920-921-7330 fax 1524 Atkinson Drive . Green Bay, WI q4303 · 920-494-0543 ph · 920-494-0745 fax 433 3rd Avenue . Iron River, MI 49.935 · 906-265-5771 ph · '906-265-5516 fax An Equal Opportunity Employer · .www.neasphalt.com