HomeMy WebLinkAboutVinton Construction 08-04CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 28th day of May, 2008, by and between the CITY
OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and VINTON
CONSTRUCTION CO., PO Box 1987, Manitowoc, WI 54221 -1987, party of the second
part, hereinafter referred to as the CONTRACTOR,
W ITNESSETH:
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:
for concrete paving and utilities, Public Works Contract No. 08 -04, pursuant to Resolution
08 -180, adopted by the Common Council of the City of Oshkosh on the 27th day of May,
2008,
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
$2,385,274.69, 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:
(Seal of Contractor
if a Corporation.)
(Specify Title)
(Witness)
itnes )
CONTRACTOR
VINTON CONSTRUCTION CO.
By: \'_
�/Zls'S /.d 1E_-"
(Specify Title)
By:
CITY O SHKOSH
By: ��2L
AM M. r itzm
And:
APP OVED:
ity Attorn
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.
City C troller
eager
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Bond No. 105101033
Executed in Three Copies
WISCONSIN SOCIETY OF ARCHITECTS
THE AMERICAN INSTITUTE OF ARCHITECTS
WIS. AIA DOCUMENT
JULY 1980 ED. WIS. A312
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PUBLIC IMPROVEMENT
PERFORMANCEILABOR 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, Wisconsi'
as Principal, hereinafter called Principal, and, (Here insert the legal title and address of surety) 54221 -1987
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, 445 South Moorland Road, Brookfield,
Wisconsin 53005
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 Two Million Three Hundred Eighty —Five Thousand Two Hundred Seventy —Four
N
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and 69/100s --------------- - - --
(Here insert a sum at least equal to the contract price)
--- Dollars ($2,385,274.0
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc-
cessors and assigns, jointly and severally, firmly by these pre- wr%ts.
WHEREAS,
Principal has by written agreement dated May 28 Jp 20Ventered into a contract with Owner for
Public Works Contract No. 08 -04 — Concrete Paving and Utilities Work in Oshkosh,
in accordance with drawings and specifications prepared by (Here insert full name, title and address) Wisconsin
which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes.,
The said written agreement, drawings, specifications and amendments
are hereinafter referred to as the Contract.
PUBLIC IMPROVEMENT
PERFORMANCE /LABOR- MATERIAL BOND TWO PAGES
WIS. AIA DOC. WIS. A312AUGUST. 1989ED. PAGE I
Copr. 1969 Wisconsin Society of Architects/ AIA
321 S. Hamilton St.
Madison, Wis. 53703
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14,
Wisconsin Statutes, is such that, if the' Principal shall faithfully perform the said contract and pay every
person entitled thereto for all the claims for labor performed and materials furnished under the Contract,
to be used or consumed in making the public improvement or performing the public work as provided in
the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect,
subject, however, to the following conditions:
1) No assignment, modification or change of the
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.
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
Signed and sealed this
30th
IN THE PRESENCE OF:
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 all claims of
the parties in full, it shall be distributed among the
parties pro rata.
day of May , v 2008
VI CONSTRUCTION COMPANY
PASCipal
Bri (Seal)
W itneu .
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Witnen
IN 'rHE PRESENCE OF:
Wim m
Name of Surety
t 'L e By: (seat)
77dwigseph4E. Vigna, Attorney— In —F:act
APPROVW BY*
By:
(seat)
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 village by its president, of a town by its
chairman, of a school district by the director or president and of any other public board or body by the
presiding officer thereof.
PUBLIC IMPROVEMENT
PERFORMANCE /LABOR- MATERIAL BOND TWO PAGES
WIS. AIA DOC. WIS. A312 AUGUST 1989 ED. PAGE 2
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POWER OF
,011111k POWER OF ATTORNEY
TRAVELERS J Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney -In Fact No. 21$622
THE
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
Certificate No-0 01 956041
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 Rrnnkfield , State of wicrnncin , 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 pempltCed 'in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this mstrurrta>tt to be signed and theft corjiorate seals to be hereto affixed, this 1st
May 2006
day of �' `" " -
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Farmington Casualty Company ' f St. Paul Guardian Insurance Company
Fidelity and Guaranty 'Insurance "Coiiipa ay, r St. Paul Mercury Insurance Company
Fidelity and Guaranty Tnsutaice Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
SY SURET F1RE�6 �W r lr w .. .NSU P fY AHO s 4 Y WO
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State of Connecticut
City of Hartford ss.
By:
Georg Thompson, enior ice President
On this the 1st day of May 2006 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.
c o In Witness Whereof, I hereunto set my hand and official seal. w c '
My Commission expires the 30th day of June, 2011. U� * Marie C. Tetreault, Notary Public
58440 -5 -07 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RE BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, 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 �olnpany of,America, and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power, o&it fney executed by satd"' ompanies, which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and aff the seas of said.0 xhpanies this ^ � � day of 20
Kori M. Johans Assistant Secretary
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To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
THIS POWER OF ATTORNEY