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HomeMy WebLinkAboutPW CNT 06-11/Vinton Construction ~. CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 11th day of October, 2006, 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. 06-11 for utility work, pursuant to Resolution 06-298 adopted by the Common Council of the City of Oshkosh on the 10th day of October, 2006, 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 $748,398.19, 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 I n 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: CONTRACTOR VINTON CONSTRUCTION CORP. :P__..-~4r- ~ (\ . ~r:;) ~ ~~. ~ (Seal of Contractor if a Corporation.) BY:~ ~~ ~~u ~r (Specify Title) BY:~d ~.-' ~ ?'~ VielE 1'~4SU?liVr (Specify Title) OClM~ 0tl!A~ "fA Y U (W1tnt;s) ~~(/()U- "-~Jl~ (Witness) . CITY OF OSHKOSH By: r;;YA ~ , Richard A. Wollangk, City .---- ~~ I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ~~ Q..vJ2J City Comptroller 3 #I' ci t.I.l '" 00 '" f-:' Vl ::J o ::J < ~ :2 ui ~ U o a <: < Vl ~ .~ Bond No. 104778276 Executed in Four Copies WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AlA 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. KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of tbe 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, Wisconsirl as Principal, hereinafter called Principal, and, (Here insert the legal title and address o( Sunly) 54221-1987 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, 445 South Moorland Road, Brookfield, d I h. d d I' d db' . h S f W' . S h' fWiscsmsin 53005 u y aut onze an Icense to 0 usmess m t e tate 0 IsconSIn, as urety, erema ter caUed ::iurety, are held and firmly bound unto (Name and address or legal title o( Owner) The City of Oshkosh, 215 Church Avenue-P.O. Box 1130, Oshkosh, Wisocnsin 54903-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Seven Hundred Forty-Eight Thousand Three Hundred Ninety-Eight and 19/100s (Here insert a sum at least equal to the contract price) Dollan ($7 48,398. L 9), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, sue.. cessors and assigns, jointly and severally, finnly by these., preseI\ts. WHEREAS~ Principal has by written agreement dated October 11 . 20q6entered into a contract with Owner for Public Works Contract No. 06-11 - Storm Sewer, Sanitary Sewer, and Water Main in the City of .Qshkosh, Wisconsin . in accoroance WIlli orawmgs and speclllcatlons prepared by (Here i...ert (un name, title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes~ ~ ~ ;l> ;;: " o o ~ ~ The said written agreement, drawings, specifications and amendments ;l> ... N are hereinafter referred to as the Contract. ;l> c:: o c:: en :-i PUBLIC IMPROVEMENT PERFORMANCE / LABOR-MATERIAL BOND WIS. AlA DOC. WIS. A312AUGUST. 1989ED. :;; 00 \0 tI1 ~ TWO PAGES PAGE 1 Cop~. .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' PrinciPat 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: 2) Not later than one year after the completion of work under the Contract, any party in interest may maintain an action in his own name against the 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 on this bond is insufficient to satisfy ,aJI claims of the parties in full, it shall be distributed among the parties pro rata. 1) No assigmnent, 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. Signed and sealed this 13th day of October , .2009 IN THE PRESENCE OF: VINTON CONSTRUCTION COMPANY Priacipal _~~r~/ Witness ."~ ~~ TItle: .. ~I (Seal) ~;~I ~# WltDeII APPROVED BY* IN THE PRESENCE OF: OwDer Witness By: TItle: (SeIII) *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 I LABOR-MATERIAL BOND WIS. AlA DOC. WIS. A312 AUGUST 1989 ED. TWO PAGES PAGE 2 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IJSTPAUL TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance, Underwriters, Inc. Seaboard Surety 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 United States Fidelity and Guaranty Company Attorney-In Fact No. 215622 Certificate No. 0 0 0 9 7 4 7 5 9 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 Elizabeth M. Fedyn, Joseph L. Vigna, and Dennis M. Barton of the City of Brookfield , State of Wisconsin , their true and lawful Attomey(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 the~,.business ot.,guaranteeing the fidelity of persons, guaranteeing the performance of contracts 'and executing or guaranteeing bonds and undertakings required or p . ~tl%dj'in ' ns 0 eedings allowed by law. .-: ':iJ!I",,, Farmington Casualty Co Fidelity and Guaranty', ' Fidelity and Guaranty insu Seaboard Surety Company S1. Paul Fire and Marine Insurance Company 1 st IN WITNESS WHEREOF, the Companies have caused this in day of May 2006, St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company a ~~ o ~ .........~';;'........ Iv~~""""""~;1-~~~ 1~/~fJ~POft4ri';1"l\ l~' -.- '0; \~\SEAL/,gJ \...~.. ._.<~"'''l ~:::::57 State of Connecticut City of Hartford ss. By: -- 1 st May 2006 . On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety 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, 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. My Commission expires the 30th day of June, 2011. '\f\w C., j~ '- Marie C. Tetreault, Notary Public 58440-6-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 11/13/2006 04:22:35 PM Faxserver FAX SERVER Page 2 '~.J ,r'~ PRODUCER Aon Risk services, Inc. of 111 N. washington street, P. O. Box 23004 Green Bay WI 54305-3004 wisconsin suite 300 ATECMM/DD/Yv 11/13/06 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 ;:?! ACORD :",'" .:.:.;. ~j TM ~~;j~~;~Ii~rJ~~:~tT:@fE@;q;~F@T~j~}r PHONE. (920) 437-7123 FAX - (920) 431-6345 INSURED vinton construction company 2705 North Rapids Road POBox 1987 Manitowoc WI 54220 USA COMPANY A valley Forge Insurance Co COMPANY B National Fire Ins. Co. of Hartford i.: Q; r:: ~ -i .... .. Q; -= Q == COMPANY C continental casualty company THIS IS TO CERTI FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAT;:D, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 TIn OF lliSURANCE POllCY NUMBER POllCYEFFECIIVE ' POllCY EXPIRATION LIMITS LTR DATE (MMIDDIl!Y) DATE (MMIDDIl!Y) 0'> 01/01/06 01/01/07 0 B GENERAL LIABIUlY 2064526753 GENERAL AGGREGATE $2,000,000 r-... m GENERAL LIABILITY PRODUCTS - COMP/OP AGG $2,000,000 U"l COMMERCIAL GENERAL LIABILITY M 0 [R] OCCUR PERSONAL & ADV INJURY $1,000,000 N CLAIMS MADE 0 0 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 r-... U"l FIRE DAMAGE(Arw one fire) $100,000 Q MED EXP (Arrv one person) $5,000 Z $ c BUA 2064526560 01/01/06 01/01/07 ~ COMBINED SINGLE LIMIT $1,000,000 ~ = BUSINESS AUTOMOBILE 1: ALL OWNED AUTOS BODILY INJURY Q; U ( Per person) BODILY INJURY (per accident) ROPERTY DAMAGE AUTO ONLY - EA ACCDENT OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE C cup2079989443 01/01/06 01/01/07 ACH OCCURRENCE UMBRELLA AGGREGATE OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND wc2064526574 01/01/06 01/01/07 EMPLOYERS' LIABILITY WORKERS COMPENSATION THE PROPRIETOR! INCL EL DISEASE-POLICY LIMIT PARTNERS~CUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLESISPECIAL ITEMS RE: CONTRACT 06-11 - UTILITY WORK. THE CITY OF OSHKOSH IS NAMED ADDITIONAL INSURED FOR GENERAL LIABILITY WITH REGARD TO WORK PERFORMED BY INSURED. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF OSHKOSH C/O CITY CLERK'S OFFICE CITY . HAL L 215 CHURCH AVENUE P.O. BOX 1130 OSHKOSH WI 54903-1130 USA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTAllVE ~ , ' ____ ___ .c:-~~~_ PRODUCER Aon Risk services, Inc. of wisconsin 111 N. washington Street, Suite 300 P. O. Box 23004 Green Bay WI 54305-3004 DATE (MM/OD/YV) 10/13/06 THIS CERllFICATE 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 PHONE - (920) 437-7123 FAX _ (920) 431-6345 INSURED Vinton construction Company 2705 North Rapids Road POBox 1987 Manitowoc WI 54220 USA COMPANY A valley Forge Insurance Co COMPANY B National Fire Ins. Co. of Hartford 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 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. TYPE OF INSURANCE CUP2079989443 UMBRELLA POLICY EFFECTIVE POLICY EXPIRA 110 LIMITS DATE (MMJDDIYY) DATE (MMJDDIYY) 01/01/06 01/01/07 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 PERSONAL & ADV INJURY $1,000,000 EACH OCCURRENCE $1,000,000 FIRE DAMAGE(Any one fire) $100,000 MED EXP (Anyone person) $5,000 01/01/06 01/01/07 COMBINED SINGLE LIMIT $1,000,000 BODilY INJURY ( Per person) BOOfl Y INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE 01/01/07 EACH OCCURRENCE AGGREGATE 01/01/06 01/01/07 EL DISEASE-POLICY LIMIT $500,000 EL DISEASE-EA EMPLOYEE $100,000 ii oeI ii ~ POLICY NUMBER COMMERCIAL GENERAL LIABILITY CLAIMS MADE [R] OCCUR OWNER'S & CONTRACTOR'S PROT 2064526753 GENERAL LIABILITY BUA 2064526560 BUSINESS AUTOMOBILE , OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! PARTNERS/EXECUTIVE OFFICERS ARE: WC2064526574 WORKERS COMPENSATION INCL EXCL DESCRIPTION OF OPERATIONS/LOCATIONSlVEHICLES/SPECIAL ITEMS RE: CONTRACT 06-11 - UTILITY WORK. CITY OF OSHKOSH C/O CITY CLERK'S OFFICE CITY HALL 215 CHURCH AVENUE P.O. BOX 1130 OSHKOSH WI 54903-1130 USA SHOULD ANY OF THE ABOVE DESCRIBED POliCIES' BE CANCELLED' BEFORE THE EXPIR..:tION DATE THEREOF, THE ISSUING COMPANY Will H1DEAVOR TO MAil 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, 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-~ " CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 11th day of October, 2006, 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. 06-11 for utility work, pursuant to Resolution 06-298 adopted by the Common Council of the City of Oshkosh on the 10th day of October, 2006, 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 $748,398.19, 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 I n 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. I n the Presence of: ~..~ /;#.. ~ ~~~t~ (Seal of Contractor if a Corporation.) QA~ ~4.tdL ( ifnes#) -m~.;;rev- ~/J.uJ (Witness) APPROVED: ~~ CONTRACTOR VINTON CONSTRUCTION CORP. BY~&$~b~ (Specify Title) BY:~/~ \//64 , ALr ~ I '4'.,.,1'" (Specify Title) Manager And: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. m s-uJ) ()..'~ City Comptroller 3 ci t.I.l '" 00 '" f-:' Vl ::J o ~ < ~ M < ui ~ U o a ::: <: Vl ~ Bond No. 104778276 Executed in Four Copies WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AlA DOCUMENT JULY 1980 ED. WIS. A312 PUBUC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND , " 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, WisconsiI1 54221-1987 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, 445 South Moorland Road, Brookfield, . db" h S f W' . S h' fWisc~nsin 53005 duly authorized and licensed to 0 us10ess 10 t e tate 0 Iscons1O, as urety, ere10a ter called liurety, 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, Wisocnsin 54903-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Seven Hundred Forty-Eight Thousand Three Hundred Ninety~Eight and 19/100s Dollars ($748,398.19), (Hen: insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, ~xecutors, administrators, suc- cessors and assigns, jointly and severally, firmly by these.. preseJ\ts. WHEREAS" Principal has by written agreement dated October 11 . 200,6entered into a contract with Owner for Public Works Contract No. 06-11 - Storm Sewer, Sanitary Sewer, and Water Main in the City of .Oshkosh, Wis.consiD. '. in accordance WIlli (lraw1Ogs and speCltlCanons prepared by (Hen: i....ert fuU name, title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes~ ~ 1ii ;l>- S; t:I o o ~ 1ii The said written agreement, drawings, specifications and amendments ;I>- ... N are hereinafter referred to as the Contract. ;l>- e:: Cl e:: '" .:-' ::0 00 ~ ~ PUBLIC IMPROVEMENT PERFORMANCE! LABOR-MATERIAL BOND WIS. AlA DOC. WIS. A312AUGUST. 1989ED. TWO PAGES PAGE I Copr,. .1969 Wisconsin Society of Architects! AlA 321 S. Hamilton St. Madison, Wis. 53703 \_.J -.-.------",..,..,.--r7u:;;,x::aJ. --PAC;~---- ,. -I, 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; otheIWise it shall remain in full force and effect, subject, however, to the following conditions: 2) Not later than one year after the completion of work under the Contract, any party in interest may maintain an action in his own name against the 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 on this bond is insufficient to satisfy /a)l claims of the parties in full, it shall be distributed among the parties pro rata. 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. Signed and sealed this 13th day of October , .2009 IN THE PRESENCE OF: VINTON CONSTRUCTION COMPANY PriDdpal 9___...:- ~~ Witness .~ ~~ n : '/l4J'&, "I (Seal) ~1b~~4 ~jA W.tnell CASUALTY AND SURETY Name of Surety APPROVED BY* IN THE PRESENCE OF: Owner Whn.... By: TItle: (Seal) *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a count.y 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 I LABOR-MATERIAL BOND WIS. AlA DOC. WIS. A312 AUGUST 1989 ED. TWO PAGES PAGE 2 ~ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER -I II!!!!! ST PAUL ~ TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company S1. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 215622 Certificate No. 0 0 0 9 7 4 7 5 8 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 Elizabeth M. Fedyn, Joseph L. Vigna, and Dennis M. Barton of the City of Brookfield , 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 theirJ;msjness o(,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or piin ' ns allowed by law. .<'Ifr,. Farmington Casualty Cq"P' Fidelity and Guaranty ~ti~~IlI=~;" Fidelity and Guaranty Insul"~e"'tin Seaboard Surety Company St. Paul Fire and Marine Insurance Company 1st IN WITNESS WHEREOF, the Companies have caused this ins d f May 2006 ayo St. Paul Guardian Insurance Company S1. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ~ ~~ o ~ '~~~'''' ~~~""""""~~1-C:~ f $/r:.oQPOR4"'e-\ tl"o \ iZ; -_ =oi \Si...s:EA.~/!i .......;. ij!/' '" ~~.....;....~~ ..... State of Connecticut City of Hartford ss. By: 1 st May 2006 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underw.riters, lnc" Seaboard Surety 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, and that he, as such, being a]1thorized 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. My Commission expires the 30th day of June, 2011. 'f(\w C. j~ '- Marie C. Tetreault, Notary Public 58440-6-06 Printed in U.S.A WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~ 11/13/2006 04:22:35 PM f Faxserver FAXSERVER Page 2 -~ ATE (MM/OO!Yv 11/13/06 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 ACORDTM..".., PRODUCER Aon Risk services, Inc. of wisconsin 111 N. washington street, suite 300 P. O. Box 23004 Green Bay WI 54305-3004 COMPANY C continental casualty company :- Q> r:: il Q> -= - ; -= Q := PHONE. (920) 437-7123 FAX - (920) 431-6345 INSURED vinton construction company 2705 North Rapids Road POBOX 1987 Manitowoc WI 54220 USA COMPANY A valley Forge Insurance Co COMPANY B National Fire Ins. co. of Hartford iIpJ;~~g; 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 fJ.NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 OF lNSURANCE POLlCY:NUMBER POLICY EFFECTIVE' POLICY EXI'lRATION LIMITS LTR DATE (MMiDDIYY) DATE (MMiDDIYY) In 01/01/06 01/01/07 0 B GENERAL LIABILm' 2064526753 GENERAL AGGREGATE $2,000,000 f'o,. m GENERAL LIABILITY $2,000,000 LI'1 X COMMERCIAL GENERALLlABIUTY RODUCTS - COMP/OP AGG M 0 [KI OCCUR PERSONAL & ADV INJURY $1,000,000 N CLAIMS MADE 0 0 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 f'o,. LI'1 X AGGREGATE PER PRO) FIRE DAMA,GEIArw one fire) $100,000 Q MED EXP rArw one person) $5,000 Z Q> ... C AUTOMOBILE L1ABILm' BUA2064526560 01/01/06 01/01/07 (II COMBINED SINGLE LIMIT $1,000,000 ~ r:: X At'IIY AUTO BUSINESS AUTOMOBILE :c :- ALL OWNED AUTOS BODILY INJURY Q> U SCHEDULED AUTOS ( Per person) HRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE AurO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE C cuP2079989443 01/01/06 01/01/07 EACH OCCURRENCE UMBRELLA AGGREGATE OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND wc2064526574 01/01/06 01/01/07 EMPLOYERS' LIABILm' WORKERS COMPENSATION THE PROPRIETOR! INCL EL DISEASE-POLICY LIMIT $500,000 PARTNERS~CunVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $100,000 OF ANY KIND UPON THE COMPANY, ITS AGEt,rrS OR REPRESENTATIVES, AUTHORlZEDREPRESENTA~VE ~- .c- ~ - d':::_ - ~ . -:;:: -- --- &i "'""'-- ~ --- ~ ~ i! ~ ~ ~ ~ - DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLES/SPECIAL ITEMS RE: CONTRACT 06-11 _ UTILITY WORK. THE CITY OF OSHKOSH IS NAMED ADDITIONAL INSURED FOR GENERAL LIABILITY WITH REGARD TO WORK PERFORMED BY INSURED. CITY OF OSHKOSH C/O CITY CLERK'S OFFICE CITY HALL 215 CHURCH AVENUE P.O. BOX 1130 OSHKOSH WI 54903-1130 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 8EFORETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS VVRITIENNOTICE TO THE CERllFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOllCE SHALL IMPOSE NO OBlIGA~ON OR lIA81LITY !'A'Q~itti'", PRODUCER Aon Risk services, Inc. of wisconsin 111 N. washington Street, suite 300 P. O. Box 23004 Green Bay WI 54305-3004 DATECMM/DD/YV) 10/13/06 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 PHONE. (920) 437-7123 FAX - (920) 431-6345 INSURED vinton construction company 2705 North Rapids Road POBoX 1987 Manitowoc WI 54220 USA COMPANY A , valley Forge Insurance Co COMPANY B Nati ona 1 Fi re Ins. Co. of Hartford COMPANY C continental casualty Company THIS IS TO CERTIFY 'fHAT 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, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATlO LIMITS DATE (MMIDDNY) DATE (MMIDDNY) 2064526753 01/01/06 01/01/07 GENERAL AGGREGATE $2,000,000 GENERAL LIABILITY PRODUCTS. COMP/OP AGG S2,OOO,OOO COMMERCIAL GENERAL L1ABILlIY CLAIMS MADE o OCCUR PERSONAL & ADV INJURY $1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 X AGGREGATE PER PRO) FIRE DAMAGE(Anv one fire) $100,000 MED EXP (Anv one person) $5,000 C AUTOMOBILE LIABILITY BUA 2064526560 01/01/07 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO BUSINESS AUTOMOBILE ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS ( Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERlY DAMAGE AUTO ONLY, EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE C CUp2079989443 01/01/06 01/01/07 EACH OCCURRENCE UMBRELLA AGGREGATE , OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND WC2064526574 01/01/06 01/01/07 EMPLOYERS' L1ABIUIY WORKERS COMPENSATION THE PROPRIETOR! INCL EL DlSEASE.POLlCY LIMIT $500,000 PARTNERSlEXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $100,000 DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlSPECIAL ITEMS RE: CONTRACT 06-11 - UTILITY WORK. CITY OF OSHKOSH C/O CITY CLERK'S OFFICE CITY HALL 215 CHURCH AVENUE P.O. BOX 1130 OSHKOSH WI 54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POliCIES' BE CANCELLED' BEFORE THE EXP'IRATION DATE THEREOF: THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ~ ~~ PRODUCER Aon Risk services, Inc. of 111 N. washington Street, P. O. BOX 23004 Green Bay WI 54305-3004 wisconsin suite 300 DATE (MM/IJD/YV) 11/28/07 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 ACORDTM continental casualty company ;.: .. !,:; ~ = .. "'0 - ... .. "'0 "0 == COMPANY valley Forge Insurance Co PHONE. (920) 437 7123 F INSURED vinton construction company 2705 North Rapids Road POBOX 1987 Manitowoc WI 54220 USA National Fire Ins. Co. of Hartford THIS IS TO CERTIFY THAT THE POLICIES OF ED 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. ..------TYPEOF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLiCY EXPIRATION LIMITS DATE (MMIDDIYY) DATE (MMlDDIYY) LI'> 01/01/08 01/01/09 $2,000,000 0 GENERAL AGGREGATE I'- ~ PRODUCTS-COM~OPAGG $2,000,000 0'\ 0 ~ PERSONAL & ADV INJURY $1,000,000 N 0 $1,000,000 0 EACH OCCURRENCE I'- LI'> FIRE DAMAGE(Anv one fire) $100,000 0 MED EXP (Anv one person) $5,000 Z .. ... 01/01/08 01/01/09 <II COMBINED SINGLE LIMIT $1,000,000 <.l !-S ... ... BODILY INJURY .. U ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE 01/01/08 01/01/09 EACH OCCURRENCE AGGREGATE B G2 64526753 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 0 OCCUR OWNER'S & CONTRACTOR'S PROT c BUA 2064526560 BUSINESS AUTOMOBILE A WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: wc2064526574 WORKERS COMPENSATION 01/01/08 01/01/09 EL DISEASE-POLICY LIMIT EL DISEASE-EA EMPLOYEE C EXCESS LIABILITY X UMBRELLA FORM OTHER THAN UMBRELLA FORM cup2079989443 UMBRELLA INCL EXCL CITY OF OSHKOSH C/O CITY CLERK'S OFFICE CITY HALL 215 CHURCH AVENUE P.O. BOX 1130 OSHKOSH WI 54903-1130 USA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOH TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - ~ ~ -...: ~ ::,.FI -..;; -r-: ~ ~ ~ -- ~ ~ i;: ~ ~ ~ III DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: CONTRACT 06-11 - UTILITY WORK. THE CITY OF OSHKOSH IS NAMED ADDITIONAL INSURED FOR GENERAL LIABILITY WITH REGARD TO WORK PERFORMED BY INSURED. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE