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HomeMy WebLinkAboutPW CNT 89-16 Vinton Construction CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 7th day of July, 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. 89-16 for concrete paving and storm sewer (West Bent Avenue, Prospect Ave. ) for Public Works Department, pursuant to Resolution 183 adopted by the Common Council of the City of Oshkosh on 6th day of July, 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 (Sec. I & II) $538,197 .25, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually 1 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. (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 OMPANY Weil By.x 4f:4 /'7/9.viTowoc. 44//SC. (Seal of Contractor (Specify Title) if a Corporation. ) By: (Specify Title) , CITi OF OSHKOSH By: i r 4 1...-17--- 4-1/ 1.64....6...e / I2u \Ac Wirt am D. geitManager (Witnes j C„)n au ,r • k a And: Ai 17'�I h/imj ,iity) Witness) Donna C. Serwas, City Clerk APPROVED: I hereby certify that the necessary pro- visions have been made to pay the lia- bility which will accrue under this con- tract. Ci y A torney c- r r City Comptroller 3 • Bond No. 11127044946 41114 WISCONSIN SOCIETY OF ARCHITECTS A THE AMERICAN INSTITUTE OF ARCHITECTS '' 'till.,, AI wow WIS. AIA DOCUMENT JULY 1980 ED. WIS. A312 0' o, r PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT O TO SECTION 779.14 WISCONSIN STATUTES. v 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 North Rapids Road, Manitowoc, Wisconsin 54220 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, City Hall , Oshkosh, Wisconsin 54901 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Five Hundred Thirty-Eight Thousand One Hundred Ninety-Seven and 25/100s Dollars ($538,197.25), (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 July 7 19 89 , entered into a contract with Owner for Public Works Contract No. 89-16 - Concrete Paving and Storm Sewer at West Bent Avenue and Prospect Avenue, City of Oshkosh, Wisconsin in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. C PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES ro WIS. AIA DOC. WIS. A312 JULY, 1980ED. PAGE 1 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 13th day of July , 19 89 IN THE PRESENCE OF: VINTON CONSTRUCTION CO. P• 'pal ekfil-Z(//41 - J itness Tide: THE ICAN I URANCE COMPANY Name of Surety A / -! !/ (Seal) nest T,de: Dennis M. Barton, Attorney-In-Fact APPROVED BY* IN THE PRESENCE OF: 11/ ,F (25ftkcs f-t Owner -1riti 4 / V "Ai 1 "/ K B7: i� � -e-/a- 7i2G7 (Sea) Witness Crry LEV Title: a,ry m & ' *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 JULY 1980 ED. PAGE 2 1 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 of Parsippany,State of New Jersey,has made,constituted and appointed,and does by these presents make,constitute and appoint JOSEPH L. VIGNA, DENNIS M. BARTON, ELIZABETH M. FEDYN and CHARLENE BOHLMAN jointly or severally BROOKFIELD, WI 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,undertaking,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 Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact and Agents to accept Legal Process and Make Appearances. Section 45.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 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment.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 31st day of July,1984,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 15th day of June , 19 8 9 r°^c, THE AMERICAN INSURANCE COMPANY /AT #1N Co* Vice-President STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 15th day of June , 19 89 ,before me personally came R. D. Farnsworth tome known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation 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. – Resueauuensesenwusseennueee nueerenunuen. OFFICIAL SEAL I. M. VANDEVORT P.271. -71-z-Ze--17-1-176- NOTARY PUBLIC-CALIFORNIA Notary Public Principal Office in Marin County My Commission Expires Aug. 28,1992 CERTIFICATE unenneenua STATE OF CALIFORNIA ss. COUNTY OF MARIN I I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEW JERSEY Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 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 Mann.Dated the i-, day of JULY , 19 89 k�Mfb .ii r _ 'INS co# Resident Assistant ary P 360712—TA-11-87 AC11RID® CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) 07/13/89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, C S I, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Box 746 Brookfield, WI 53008-0746 COMPANIES AFFORDING COVERAGE COMPANY A LETTER GNA INSURANCE COMPANIES CODE SUB-CODE COMPANY B LETTER INSURED Vinton Construction, Inc. COMPANY c 2705 N. Rapids Road LETTER P.O. Box 1987 COMPANY D Manitowoc, WI 54221-1987 COMPANY E LETTER iCOVERAGES 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, A CLAIMS MADE X OCCUR. GL 09526050 12/01/88 12/01/89 PERSONAL&ADVERTISING INJURY $ 1,000, X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000, FIRE DAMAGE(Any one fire) $ 50, MEDICAL EXPENSE(Any one person) $ 5, AUTOMOBILE LIABILITY COMBINED X ANY AUTO LIMIT $ 1,000, ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS BUA 0931255 12/01/88 12/01/89 (Per person) A X HIRED AUTOS BODILY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE A X UMB 0931256 12/01/88 12/01/89 $ 5,000, $ 5,000, OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION $ 500' (EACH ACCIDENT) A AND WC 0931254 12/01/88 12/01/89 $ 1,000, (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 500, (DISEASE—EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS PROJECT: Public Works Contract No. 89-16 - Concrete Paving and Storm Sewer at West Bent Avenue and Prospect Avenue, City of Oshkosh, WI CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City of Oshkosh EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ixamaxxQ City Hall MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Oshkosh, WI 54901 LEFT, 's11eSt•teT4^At1.t40f'.Cfr.*,!M; vir.t:1!PtAt`,tlii3O 4,11a1;1.QsitM.11f- AAtR4►1,t4"01rfl?,.1Al,4R,4t∎tta1'0 nnA.Ot11t:-014i 441:I4+Bti446-C�4 AUTHOR! ', RESENTATIVE / ■` ��' ACORD 25-S(3/88) ©ACORD CORPORATION 1988 ACOl I CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) x.17/13/89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, C S I, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Box 746 Brookfield, WI 53008-0746 COMPANIES AFFORDING COVERAGE COMPANY A -1.2x��INSURANCE LETTER CNA INS RANCE COMPANIES CODE SUB-CODE COMPANY B LETTER INSURED Vi COIi sCOLA.i°uct1Ol, Inc. COMPANY Box `. 2705 N'._ Read Rapids Read LETTER P.O. x 1987 COMPANY D 1'yc litUWOC, I'JI 54221-1987 LETTER COMPANY E LETTER PQYfRAGES 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, A CLAIMS MADE X OCCUR. GL 095 26050 12/01/88 12/01/89 PERSONAL&ADVERTISING INJURY $ 1,000, 1 OWNER'S&CONTRACTOR'S PROT. 7 EACH OCCURRENCE $ 1,000* FIRE DAMAGE(Any one fire) $ 50, MEDICAL EXPENSE(Any one person) $ 5, AUTOMOBILE LIABILITY COMBINED SINGLE $ X ANY AUTO LIMIT 1,7070, ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) UA 0931 255 1 2/01/88 12/01/89 ,is X HIRED AUTOS INBODILY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EACH AGGREGATE EXCESS LIABILITY OCCURRENCE x liMB 0931256 12/01/88 12/01/89 $ 5,000, $ 5,000, OTHER THAN UMBRELLA FORM STATUTORY i WORKER'S COMPENSATION t,r AND WC 0931254 12/01/88 12/01 /8(�, $ f`0 (EACH ACCIDENT) A G. 1/V $ 1,000, (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 500 (DISEASE—EACH EMPLOYEE) D OTHER 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS PR- 071: Public Works Contract NO. 89-16 - Concrete Paving and Storm Sewer at West Bent Avenue and Prospect Avenue, City of C bkosh, WI CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City of Oshkosh EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Mearleage } City Hall MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Oshkosh, W I 54901 LEFT, :P 448 41.0 _34(.4Ie:1i4:'1"•.t4.(.1.,(i_ 411.l;,44'I'd'0-!�: te!!' U`%'vivk/1- ,01fIOi4.:):#t"c11 k0.4t:7:)•►,i,I4:401,:r k,:t1411•41)t' ,.;t irVII-1►s047� AUTHORIZ ' 'L� 'ESENTATIVE s� / ACORD 25-S(3/88) ©ACORD CORPORATION 1988 ) .___...... ._. .__ 66-12 i CHANGE ORDER NO. 1 TO: Vinton Construction Company DATED: January 9, 1990 P.O. Box 1987 Manitowoc, WI 54221-1987 Your present contract with the City of Oshkosh, Contract No. 89-16 , is hereby amended and changed as follows: ( insert here work and/or materials to be added or eliminated and the unit and/or lump sum price to be added to or deducted from the contract. ) STORM SEWER AND CONCRETE PAVING ON PROSPECT AVENUE & WEST BENT AVENUE - TO CORRECT QUANTITIES FROM "ESTIMATED" TO "FINAL MEASUREMENT". Section I - Concrete Paving - Total Decrease to Section $22,160.08 Total Increase to Section $ 400.00 NET DECREASE TO SECTION ( $21 ,760.08 ) Section II - Storm Sewer - Total Increase to Section $ 2,106.00 Total Decrease to Section $ 328.00 NET INCREASE TO SECTION $ 1 ,778.00 NET DECREASE TO CONTRACT ($19,982.08) Recommended: C Y OF OSHKOSH - )Director of .ublic Works City e....." ager 4. tied 1 ' / ,_ . 1 '- City Clerk Ap-roved and -,accepted C ntractcr I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within Change Order. 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