HomeMy WebLinkAboutPW CNT 89-30B/Vinton Corp ( L) elerk
CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 6th day of October, 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. 89-30B
for concrete paving and storm sewer, Universal Street Public Works
Department , pursuant to Resolution 302 adopted by the Common Council
of the City of Oshkosh on October 5, 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 263, 685.25, adjusted by any changes as provided in
the General Conditions, or any changes hereafter mutually agreed upon
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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
this contract to be sealed with its corporate seal and to be sub-
2
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
V INTON CONSTRUCTION OMPANY
(j,, --m,(..0-4_/ r4g_4 '"
By:
P.A.g44.411
(Seal of Contractor (Specify Title)
if a Corporation. )
By:
(Specify Title)
r 1 CITY OF OSHKOSH
0
!. ( 1 By: / !G� ' )(/I�c.c-f-/
tea►� ��L 1 ,` _ , William D. F'rueh, City Manager
(Witness
a t/ i i0) And:pit�j j2 1, City�� Clerk
(Witness) T�onna . Serwas,
AP• VED: I hereby certify that the necessary pro-
`414101� , visions have been made to pay the lia-
. ' lity which will accrue under this con-
`' `�A _ _ 1t /— tract.
Ciy tt•rey ak,' Qft. ./
City Comptroller
3
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that VINTON CONSTRUCTION
COMPANY Contractor , as principal, and
CINWOLLM‘,,_ �oLu� �c�. t� as surety are held and firmly
bound unto the CITY OF OSHKOSH, WISCONSIN, Owner , in the sum of
Two Hundred Sixty-Three Thousand Six Hundred
Eighty-Five Dollars and Twenty-Five Cents (Dollars)
( $ 263, 685. 25 ) 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 COMPANYdid, on the
6th day of October , 1989 , by
articles that date, enter into a contract with the Owner for the
CONTRACT 89--30B UNIVERSAL STREET CONCRETE PAVING AND
STORM SEWER
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
WITNESS OUR HANDS AND SEALS this 6 DAY OF October
19 89 .
In the Presence of:
VINTON CONSTRU ION COMFA_r4�EAL)
l / /
q/hM1V,lL oft ,. J.A... . (SEAL)
Pr ncipal
0,41A,L A., c),,,,, . ,-i3O - (SEAL)
(:\ _) v ` (SEAL)
Surety
2
GENER Al.
ATTORNEY THE AMERICAN INSURANCE COMPANY'
KNOW ALL MEN BY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY.a Corporation duty organized and esisting under the
laws of the State of Ness 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. VILNA; DENNIS M. BARTON, CHARLENE BOHLMAN
. ELIZABETH M. FEDYN AND ROBERT C. KEMHLER
BROOKFIELD, WI ointly or severally
its true and lawful Attorneytsl-in-Fact.with full power and authority berehy conferred in its name.place and stead.to esecute.seal.acknowledge and
deliver any and all bonds.undertakings.recognizances or other written obligations in the nature thereof
•
and to bind the Corporation thereb► as fully and to the same estent as if such bonds were signed by the President.sealed with the corporate seal of the
Corporation and duly attested b> its Secretors.hereby ratifying and confirming all that the said Attorneytsl-in-Fact ma> do in the premises.
This power i.t attorney is granted pursuant to Article VIII.Section 30 and zl of By-laws of THE AMERICAN INSURANCE COMPANY now in full
force and effect.
•
"Article VIII. Appointment and AiiIhorito of Resident Assistant Secretaries. and Attorne"-in•Fact and Agents fo accept Legal Process and
Slake Appearances.
Section 30. Appointment. The Chairman of the Board of Directors, the President. an. Vin-President or am other person authorized b. 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 es idencing their appointment. and any such appointment and all authority granted thereby may be resoled at any time b> 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. 196h. and said Resolution has not been
amended or repealed:
"RESOLVED. that the signature of any Vice-President.Assistant Secretors.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 hearing such facsimile signature or facsimile seal shall he
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 he hereunto affised this 14th day of February
THE AMERICAN INSURANCE COMPANY
• j By. Y
a cp' t'we edam
STATE OF CALIFORNIA.
a.
CITY AND COUNTS'OF SAN FRANCISCO
On this 14th day of February .lye 83 .before me personally came R4r�lyas-A 175 t 13ame
to me known. who. being b> 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 affised to the said instrumen
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.
•
eaammatm ssum fnstutt utritteuwtan■
OFFICIAL SEAL
t*111A SUSIE K. GILBERT
NOTARY PUBLIC—CALIFORNIA ' '� .year,P„M,.
on a COUNTY OF SAN FRANCISCO I
My Commission Expires Nov.17,1984 CERTIFICATE
Rfasszaun matu.0 Annuli
STATE OF CALIFORNIA. •
ss
CITY AND COUNTY OF SAN FRANCISCO ( `I
I. the undersigned. Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a NEW JERSEY Corporation. DO HEREBI
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked:and furthermore that Article VIII
Sections 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 City and County of San Francisco.Dated the tP" day of '(
•'4` ff Cif�iL�
■■■Naw,Ss.nun
'�Cf co"
A/:/11:11® CERTIFICATE OF INSURANCE ISSUE l0(M6°s9'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
CERTIFICATE NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 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 CNA INSURANCE COMPANIES
LETTER
CODE SUB-CODE
COMPANY B
INSURED
LETTER
VINTON CONSTRUCTION, INC. COMPANY LETTER C
2705 N. RAPIDS ROAD
i��1
P.O. BOX 1987 COMPANY LETTER D
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
I 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 0952650 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 (Per person)
,, A X HIRED AUTOS BUA 0931255 12/01/88 12/01/89 BODILY
INJURY $
X NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY PROPERTY $
DAMAGE
EXCESS LIABILITY EACH AGGREGATE
A X UMB 0931256 12/01/88 12/01/89 IC�JR $ 5,000,
OTHER THAN UMBRELLA FORM
STATUTORY i_
WORKER'S COMPENSATION
A WC 0931254 12/01/88 12/01/89 $ 500, (EACH ACCIDENT)
AND $ 1,000,
(DISEASE—POLICY LIMIT)
EMPLOYERS'LIABILITY $ 500, (DISEASE—EACH EMPLOYEE
OTHER
a g
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
Project: Public Works Contract No. 89-30B - Universal Street Concrete
Paving and Storm Sewer
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 ENDEAVOR TO
City Hall 1 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Oshkosh, Wi 54901 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
°ti
AUTHORIZD'RESENTATIVE
ti f
ACORN,25-S(3/88) DACORD CORPORATION 1988
CHANCE ORDER NO. 1
TO: VINTON CONSTRUCTION COMPANY DATED: October 30, 1989
2705 N. Rapids Road
P.O. Box 1987 .
Manitowoc, WI 54221 -1987
Your present contract with the City of Oshkosh, Contract No. 89-30B ,
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. )
ADD - CONCRETE PAVING OF UNIVERSAL STREET
For stripping top soil from fill area southwest of Universal Street extension
17,935 square feet @ $.75= $13,451 .25
AecG,ended: fr �°- C Y OF OSl . 03H
' A !��,� By ...7 .t.e....-- d
'tree a': •f Publi• Works City . _nager
Ai,
City Clerk
Approved and accepted:
CYntract r
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.
ka..jta Q tf.t-Q
Comptroller
Ap.' •ved as to form:
)111k_ i -
C- y Attorney
vt, 5 e /er /C
&50Va
2
CHANGE ORDr"A NO.
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. 89-30B 9
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 ON UNIVERSAL STREET - TO CORRECT QUANTITIES FROM "ESTIMATED" TO
"FINAL MEASUREMENT" .
Section II - Total Increase to Section $2,609.62
Total Decrease to Section $2, 128.17
NET INCREASE TO SECTION $ 481 .45
Recomn Oiled ; C I OF OSHKOSH
� �,s', / By: . �. - - i/i--ec�-c—Directo blic Works City Manager
A , 4 L , ,A,a)
City Clerk
Approved and accepted.:
tractcr
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.
�� 4 Gb
Comptroller
Approved as to f rm:
(iiallASL— - 71-- ---
< :
City Attorney
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