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HomeMy WebLinkAboutPW CNT 89-04 CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 16th day of June, 1989, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and VINTON CONSTRUCTION COMPANY of 2705 N. Rapids Rd. , P.O. Box 1987, Manitowoc, WI 54221-1987, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consid- eration 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. 89-04 for concrete paving & underground work for So. Koeller Road--W. 20th to W. So. Park (STH "44") , pursuant to Resolution #145 adopted by the Common Council of the City of Oshkosh on 15th day of June, 1989, 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 con- tract the sum of $230, 325.20 , adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon 1 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. (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 the negligent digging up of streets, alleys or public grounds or which may result from the faulty, carelessness or neglect of said Contractor, his agents, employees or workmen in the performance of said work or caused by the violation of any City ordinance, and shall refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demands within a reasonable time after demand thereof. 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 enumer- ated 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 "Con- tractor" 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 2 this contract to be sealed with its corporate seal and to be sub- scribed 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 PANY By: X -WP(A& 4.00(74 (Seal of Contractor (Specify Title) if a Corporation. ) By: (Specify Title) CITY/OF OSHKOS fF r-1 By:: � ✓L4� -4)- u . 1 ,01 William D. rueh, City Manager mm�� (W~tn s) / 'ivj2 0) U And: (Witness) Donna C. Serwas, City C erk APPROVED: I hereby certify that the necessary pro- visions have been made to pay the lia- �� bility which will accrue under this con- tract. Cit 'A`tq ney City Comptroller 3 Bond No. 11127044714 /*I WISCONSIN SOCIETY OF ARCHITECTS 1 t I ,,� THE AMERICAN INSTITUTE OF ARCHITECTS to:"'�=!' IJN�h 411 WIS. AIA DOCUMENT L1 JULY 1980 ED. WIS. A312 2 o, PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND d THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT O 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 CO. , 2705 N. Rapids Road, Manitowoc, Wisconsin 54221-1987 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) THE AMERICAN INSURANCE COMPANY, 1701 Golf Road, Rolling Meadows, Illinois 60008 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, Oshkosh, Wisconsin 54902-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Two Hundred Thirty Thousand Three Hundred Twenty-Five and 20/100s Dollars ($230,325.20), (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated June 16 19 89 , entered into a contract with Owner for Public Works Contract No. 89-04 - Concrete Paving & Underground Work for South 1 Kac oruance with d awing to ospecifications prepares oyH (H re ert full name, title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes; in The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT 23 PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS. AJA DOC. WIS. A312JULY. 1980ED. PAGE I O 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 Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. 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. Signed and sealed this 20th day of June , 19 89 IN THE PRESENCE OF: VINTON CONSTRUCTION CO. Principal By:)t (Seal) Witnes Title:PACES I.oziA-7- THF. _AMERICAN INSURANCE COMPANY Name of Surety OP 7 ( � ` ,. Lfr►��I By: `_ .�._ �i • / .. Witness Title: Elizabi h M. Fedyn, Attorney-In-Fa t APPROVED BY* IN THE PRESENCE OF: 6tt`Yi t'�i coko5 d /ZA-e Owner i 1144 By: (Seal) 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 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-M.ATERIAI. BOND TWO PAGES WIS.AIA DOC.WIS.A312 JULY 1980 ED. PAGE 2 r F i Ii I 4 f f E i I i C w i GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY,a Corporation duly organized and existing under the laws of the State of New Jersey, and having its principal office in the City and County of San Francisco, California, has made, constituted and appointed, and does by these presents make, constitute and appoint JOSEPH L. VIGNA, DENNIS M. BARTON and ELIZABETH M. FEDYN BROOKFIELD, WI jointly or severally its true and lawful Attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute.seal,acknowledge and deliver any and all bonds, undertakings,recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President.sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. - "Article V HI,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President.Assistant Secretary,and Resident Assistant Secretary of this Corporation.and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seal to be hereunto affixed this 11th _ day of May 19 87 THE AMERICAN INSURANCE COMPANY % y4ti &CiL V.+Nei.CQ+ By Vice-Presldem STATE OF CALIFORNIA COUNTY OF MARIN ss' On this 11th day of May , 19 87 , before me personally came Richard Williams to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cor- poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. ■nmmnuaununeunenununeee uemnnunne OFFICIAL SEAL � SUSIE K. GILBERT_ =_ ( !!!)�� NOTARY PUBLIC-CALIFORNIA Notary Public = Principal Office in Minn County My Commission Ex;ires Nov.17, 1988 pesunmemutaueaeuuuuemeemeeeuuenunuei CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sec- tions 30 and 31 of the By-laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 20th day of June , 19 89 • a.m.! 7‘ Z/a6 •a -.2 1, Resident Assistant Secretary • COr 360711-TA-5-81 ACM:1k CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) 6/20/89 I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS C S I, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P. 0. Box 746 Brookfield, WI. 53008-0746 COMPANIES AFFORDING COVERAGE COMPANY A LETTER PI CODE SUB-CODE CNA Insurance Companies COMPANY B INSURED LETTER Vinton Construction, Inc. COMPANY r.. LETTER 2705 North Rapids Road P. O. Box 1987 COMPANY D LETTER Manitowoc, WI. 54221-1987 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 1,000, X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1,000, CLAIMS MADE x OCCUR. PERSONAL&ADVERTISING INJURY $ 1,000, A. X OWNER'S&CONTRACTOR'SPROT. GL 09526050 12/1/88 12/1/89 EACH OCCURRENCE $ 1,000, FIRE DAMAGE(Any one fire) $ 50, MEDICAL EXPENSE(Any one person) $ 5 f AUTOMOBILE LIABILITY COMBINED SINGLE $ 1,000, X ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ A. SCHEDULED AUTOS BUA 0931255 12/1/88 12/1/89 (Per person) X HIRED AUTOS BODILY INJURY $ XNON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE X $ 5,000,$ 5,000, A. OTHER THAN UMBRELLA FORM UMB 09231256 12/1/88 12/1/89 WORKER'S COMPENSATION STATUTORY $ 500, (EACH A. AND WC 0931254 12/1/88 12/1/89 AC EMPLOYERS'LIABILITY $ ]- QQQ (DISEASE—POLICY LIMIT) ACCIDENT) $ 500 (DISEASE—EACH EMPLOYEE) OTHER Additional Insured this project only: City of Oshkosh, WI. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Project: Public Works Contract No. 89-04 - Concrete Paving & Underground work for South Koeller Road - W. 20th to W. South Park (STH "44"). CERTIFICATE HOLDER CANCELLATION City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE P. 0. Box 1130 EXPIRATION DATE THEREOF, THE ISSUING COMPANY XXXXXIBI 1 XXTAX Oshkosh, WI. 54902-1130 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IMMINKNNXIXX `]XXX IXXMIM MC 17 M IMEVIIlf:XIM IxXX 1 . THO• ED REPRESENTATIVE /� Ar i / ACORD 25-S(3/88) ff ©ACORD CORPORATION 1988 U .., : ,J „.,..,.. M MCC, INC, 1911 W. WISCONSIN AVE C I P.O. BOX 1137 .. II C Appleton, Wisconsin 54912-1137 -. ,,,-„, -.' - 7119 - S1:7•=27.1 - I CR January 12, 1999 'T :- 7 .: - : :-:r.,?r : 7.-":' '13577, "'.'.:t '-'-'`'i .7'ci7.:Y.C•-f:7'3: ,.- MCC, Inc. hereby authorizes the City of Oshkosh to own Certificate of Deposit# 020474 dated July 6, 1994, made out jointly to MCC, Inc. and the City of Oshkosh in the amount of$ 10,500.00 Said certificate has been endorsed by MCC, Inc. and is attached. By surrendering this certificate, MCC, Inc. has fulfilled all of its obligations to the City of Oshkosh for the 1989 and 1990 concrete supplied on Koeller Street under Contract 89-04 /1/1'9,1 AGREED( /-,% 4-7/7/(2 Larry R. Gage For City of Oshkosh President,MCC, Inc. (<--- Li P) — ) ,-- r —'-k- '' '.. 'P ..-"L':°, 6-a.a• M - ' C CITY HALL 215 Church Avenue P.O.Box 1130 Oshkosh,Wisconsin 54902-1130 City of Oshkosh CVI-KO/H January 29, 1999 Ms. Laurie Fisher M&I Bank- Oshkosh 1 Pearl Ave Oshkosh,WI 54901 Re: Certificate of Deposit-Account#0123-17-7419 CD# 020474 As a follow up to our phone conversation today, we would like to cash in the above certificate for$10,500. Please make the check payable to the City of Oshkosh. Enclosed is the certificate endorsed by both parties, MCC Inc. and the City of Oshkosh as well as a copy of a signed statement by MCC turning ownership of the certificate to the City. Thank gory A. Henke' Deputy Director of Finance City of Oshkosh M&I ■-■• Central State Bank Cashier's Check Oshkosh,Wisconsin 54901 Customer Copy 3 8 2 2 0 1 dome The purcoase Cl Indemney Bona may be rebe,e4 before any Gusher's Check on bus bane.1 be eplaced or 78-819/759-21 rahnded In The evert rhe lost haptaced or stolen Remitter Date Drawn To the order of- VOID AFTER 90 DAYS Not Negotiable ":-/ •