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HomeMy WebLinkAboutPW CNT 10-25 Vinton Construction CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 29th day of September , 2010, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and VINTON CONSTRUCTION CO, 2075 N. Rapids Rd., 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. 10 -25 for concrete paving, street patching, sidewalk and utilities and appurtenant work, for the Public Works Department, pursuant to Resolution 10 -306 adopted by the Common Council of the City of Oshkosh on the 28th day of September, 2010, 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 $476,919.00, 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 1 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. (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. 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. 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 2 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 the Presence of: CONTRACTOR VINTON CONSTRUCTION CO. h‘ nyvo;k By: (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH I By: Alik12.1e4P M rk A. Rohloff, City Manager O ) `t 1 - - - And: ., ! .1 , a� (Witnes . Pamela R. Ubrig, City CI- k APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue ° ININA ;i may,, under this contract. ity Attorne City Cof '•.roller 3 { } Bond # 105463990 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Vinton Construction Company P. O. Box 1987 Manitowoc, Wisc. 54221 , Contractor, as principal, andTravelers Casualty and Surety Company of America as surety, are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of Four Hundred Seventy Six Thousand NindlAindred Ninetben and no /100 (Dollars) $476,919.00 ($ ) to be paid to the Owner for which payment well and truly to be made we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns firmly to these presents. THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that WHEREAS, the said Vinton Construction ComptRiT on the 4th day of October , 20 10 , by articles that date, . enter into a Contract with the O C n ricre t e e Paving, Street Patching, Sidewalks and Utilities NOW, THEREFORE, if the said Contractor shall save and hold harmless the said Owner from all public liability and damages of every description in connection therewith, shall well and faithfully in all things fulfill the said Contract, according to all the conditions and stipulations therein contained, in all respects, and shall save and hold harmless the said Owner from and against all liens and claims of every description in connection therewith, including payment for all materials, labor and equipment, then this obligation shall be void and of no effect, but otherwise, it shall remain in full force and virtue, and in the event that . the said Owner shall extend the time for completion of the work or otherwise modify elements of the Contract in accordance with provisions thereof, such extensions of time or modifications of the Contract shall not in any way release the sureties of this bond. 1 } • i WITNESS OUR HANDS AND SEALS this 4thday of October ,2010. In the Presence of: Vinton Construction Company (SEAL) aV441/ _- SEAL) Prin i aI Pi rave rs Casualty and Surety Company of America (SEAL) • 411116k r 0;4 L, (SEAL) J J. eph�L. Vign , Attorney in fact • • • • { 2 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELER S 40111k Farmington Casualty Company St. Paul Mercury Insurance Company J 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. 219817 Certificate No. 0 0 3 5 3 8 6 9 9 KNOW ALL MEN BY THESE PRESENTS: 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, Dennis M. Barton, Daniel G. Johnson, and Michael T. Burg 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 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 12th day of May 2009 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 TM t1 112°2%, . r pASU,�� ` �, ��N..�Nf p j 1N 5f q t €: t �,p S� Yq� .FltY O ..9 J'J . ... q W_ rCpRPORAI �•I ff .1 ' o ' s ' r B 1 �? e m i �r: p : � � — ; 7 S F _._ . o ; E wiRtF <" � J' SEAL,o} �' 'ot o \ CON 4 in 18'` 1y ...... �, � W. � Attu" OW State of Connecticut By: �,/� City of Hartford ss. Georg Thompson, •enior ice President On this the 12th day of May 2009 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., 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. R T �W w" • My Commission expires the 30th day of June, 2011. * AMA # Marie C. Tetreault, Notary Public 58440 -4 -09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED 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., 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 Attomeys -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., 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 do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies th - day of �'fi r' , 20 /CJ • Kori M. Johans' Secretary 1'IYIIY 0.E 1q N I .. 1 Nf/q.. J pl1Y AAA, � 4 0"4 GASU,��T 4•Ir Q ....... G ........ q ,�,i a yy � Q OPP"Rf L a P f: ORPOR F� 00RRJ c i 9 SON I 1[o O 1 : jAR+:, L "' A� (4..! -.- n s HARTFORD, t [ IFS, ll \\ ' fin WCDAFDRATm a W;oo ; S 1982 O 1977 • t � J 5 ' 0 3 CONN. n '1104 caNN. N � Z A S t E 1951 �:SEAL ;o.SBA o 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. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ��� DATE(MM /DD /YYYY) %..__-- CERTIFICATE OF LIABILITY INSURANCE 10/04/2010 PRODUC►R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Aon Ri sk Services Central , Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE E I OLDER. THIS 111 Bay WI office 111 N. Washington Street, Suite 300 CERTIFICATE DOES NUT AMEND, EXTEND OR ALTER THE P. 0, Box 23004 COVERAGE AFFORDED BY THE POLICIES BELOW. Green Bay WI 54305 -3004 USA INSURERS AFFORDING COVERAGE NAIC # PHONE•(920) 437 -7123 PAX- (920) 431 - 6345 INSURER A: Valley Forge Insurance Co 20508 - INSURED Vinton Construction Company INSURER 11: National Fire ins. Co. of Hartford 20478 w 2705 North Rapids Road fa P 0 Box 1987 INsuRERc: Continental Casualty Company Manitowoc WI 54220 USA INSURER D: tu INSURER E: C x COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OMITS SHOWN ARE AS REQUESTED INSR ADD'L urn IKSRI7 TYPE OF INSURANCE POLICY NUMBER POLICY 3,t/D IV ' \ POLICY EXDWATIO LIMITS B U LIABILIl'Y u 2064526753 01/01/2010 01/01/2011 EACH OCCURRENCE 51, 000, 000 ERA © GENERAL LIABILITY DAMAGE TO RENTED $100.000 COMMERCIAL GENERAL LIABILI "fY PREMISES (Ea occurrence) II CLAIMS MADE ® OCCUR MED EXP (Ana one perttml S5,000 .) © AGGREGATE PER PRO) PERSONAL a ADV INJURY 51,000,000 2, © CONTRACTUAL LIABILITY GENERAL AGOREGATE 52,000,000 M 0 GEYL AGGREGATE LIMIT APPLICS PER: PRODUCTS - COMP /OP AGG 52 52,000,000 000,000 0 O ❑ POLICY ® PRO- © LOC 0 JECT C AUTOMOBILE LIABILITY u 2064526560 01/01/2010 01/01/2011 COMBINED SINGLE LIMIT C: © ANY AUTO BUSINESS AUTOMOBILE (Ea occident) 51,000,000 Z v co ii ALL OWNED AUTOS BODILY INJURY o (Per person) ■ SCHEDULED Amos � d la HIRED AUTOS ( 00011. INJURY U Lill NON OWNED AUTOS ■ PROPERTY DAMAGE (Per accident) NI GARAGE LIABILITY AUTO ONLY - EA ACCaDENT 9 ANY AUTO OTHER THAN PA ACC AUTO ONLY . 1 AGG C EXCESS /UMBRELLA LIABILITY u 2079989443 01/01/2010 01/01/1011 EACH OCCURRENCE 56,000,000 UMBRELLA AGGREGATE 56,000,000 © OCCUR ❑ CLAIMS MADE R OEDUCTrnLE . RETENTION A fiIC 2 64516574 01/01 /2010 UL /01/LUL1 X 'WC STAYU - 1OTH- WORKERS COMPENSATION AND W ORKERS COMPENSATION RY LIMITS 5R EMPLOYERS' LIABILITY Y I \ E.L. EACH ACCIDENT 5100,000 0 00 = ANY PROPRIETOR / PARTNER / EXECUTIVE E.L. DISEASE-EA EMPLOYER 5100, 000 III OFFICERIMEMBER TD(CLUDBD? (Mandatary h NID E- DISEASE- POLICY LIMO' 5500 , 000 Tfyes, descnbe Hader SPECIAL PROVISIONS below Q Slam OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CITY OF OSHKOSH, CONTRACT 10 -25. THE CITY OF OSHKOSH & ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND Fa AUTHORIZED VOLUNTEERS AS RESPECTS TO THE PROJECT NAMED ARE ADDITIONAL INSUREDS ON THE GENERAL LIABILITY & AUTO -- POLICIES. CERTIFICATE HOLDER CANCELLATION CITY OF OSHKOSH SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION C 215 CHURCH STREET DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL P.O. BOX 1130 30 DAYS WRI NOTICE 1O113E CERTIFICATE HOLDER NAMED 7O OlE LEFT. OSHKOSH WI 54903 -1103 USA BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND L'I'ON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 0 E AUTHORIZED RE.PRESENTAI'IVE a iN .P.w fra9asoi,na a4,.,efrar. a ACORD 25 (2009/01) C?198S - 2009 ACORD CORPORATION. All rights reserved= The ACORD name and logo are registered marks of ACORD