HomeMy WebLinkAboutPW CNT 87-05/Vinton Constr CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 22nd day of May, 1987 , by and
between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY , and VINTON CONSTRUCTION COMPANY of 2705
C .T .H . "R" , P .O .Box 2087 , Manitowoc , WI 54220 , 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. 87-05
for concrete paving and underground work , pursuant to
Resolution adopted by the Common Council of the City of Oshkosh
on May 21 , 1987 ,
all in accordance and in strict compliance with the Contractor's
proposal and the other contract documens 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 1144,661 .4x, 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 perfor-
mance of the contract the amounts determined for the total number of
1
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
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 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
VINTON CONSTRUCTION COMPANY
Pagig1411
( Seal of Contractor' (Specify Title)
if a Corporation . ) _, D
—k—
(Specify Tit e)
CITY OF 0 HKOSH
( itneiss) j , Wil iam D . Frueh , City Mana er
•//
7 4And — ---
,( fitness)' Donna C . Serwas , City Clerk
I certify-'that provisions have been
made to pay the liability that will
accrue to the City of Oshkosh under
the within contract.
-- t , )
Edward A. Nokes , City Comptroller
Appr ved as o •m:
Warren P. Kraft , ' sst , City Attorney
3
•
CHANGE ORDER NC. 1
TO: VINTON CONSTRUCTION COMPANY DATED: December 8, 1987
P.O. BOX 2087
MANITOWOC, WI 54220
Your present contract with the City of Oshkosh, Contract No. 87-05
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 - TO CORRECT QUANTITIES FROM "ESTIMATED" TO "FINAL MEASUREMENT" - CONCRETE PAVING
AND STORM SEWER
Section I- Concrete Paving, Total Increase to Section - . $9,668.66
Total Decrease to Section - $6,908.96
NET INCREASE TO CONCRETE PAVING $2,759.70
Section II - Storm Sewer Total Increase to Section $4,736.41
Total Decrease to Section $ 400.26
NET INCREASE TO STORM SEWER $4,336.15
NET INCREASE TO CONTRACT $7,095.85
Recoma, .nded: CI OF OSHKOSH
4.0r. �I �- ,, .� By:
Director o ' .ublic Works City Manager
City Clerk
Approved and accepted:
Co t aCt�I
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.
Comptroller
Approved as to form:
14/)
City Attorney
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THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that Vinton Construction Company, Manitowoc, Wisc.
(Hire Insert full nerve and address or legal title M Contractor)
as Principal, hereinafter called Contractor, and, Insurance Company of North America, 1600 Arch Street,
Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania as
Surety, hereinafter called Surety, are held and firmly bound unto
(Here Insert full nine and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Seven Hundred Ninety Nine Thousand Six
Hundred Sixty One and 45/100 Dollars (f 799,661 .45 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated May 22 19 87, entered into a contract with Owner for
Concrete Paving & Related Work Contract 87-05
in accordance with Drawings and Specifications prepared by City of Oshkosh, Wisc.
(Mere Insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A111 • PERFORMANCE BOND • FEBRUARY 1970 ED.
1
Bs-7581 Printed In US.A.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion
extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price;
Whenever Contractor shall be, and declared by Owner but not exceeding, including other costs and damages
to be in default under the Contract, the Owner having for which the Surety may be liable hereunder, the amount
performed Owner's obligations thereunder, the Surety set forth in the first paragraph hereof. The term "balance
may promptly remedy the default, or shall promptly of the contract price," as used in this paragraph, shall
1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor
and conditions,or under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before
accordance with its terms and conditions, and upon de the expiration of two (2) years from the date on which
termination by Surety of the lowest responsible bidder, final payment under the Contract falls due.
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for
bidder, arrange for a contract between such bidder and the use of any person or corporation other than the
Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis-
though there should be a default or a succession of trators or successors of the Owner.
Signed and sealed this 22nd day of May 19 87
VINTON CONSTRUCTION COMPANY
(Principal) (Seal)
(witness) BY:x �
•
ti Pie Cs)04-
(Title)
INSURANCE COMPAN F NORTH AMERICA
' (Surety) (Seal)
(Witness)
(
(Title)
ATTORNEY IN FACT
AlA DOCUMENT A311.•.PERFORMANCE BOND • FEBRUARY 1970 ED.
THE AMERICAN INSTITUTE OF ARCHITECTS
4,140
AIA Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that Vinton Construction Company, Manitowoc, Wisc.
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and, Insurance Company of North America, 1600 Arch Street,
Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania as
Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh, Wisconsin
(Here Insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
Seven Hundred Ninety Nine Thousand Six Hundred
amount of Sixty One and 45/100
(Here insert a sum equal to at least one-half of the contract price) Dollars (S 799,661 .45 ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated May 22 19 87 , entered into a contract with Owner for
Concrete Paving & Related Work Contract 87-05
in accordance with Drawings and Specifications prepared by City of Oshkosh, Wisc.
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
A1A DOCUMENT A311 • LABOR AND MATERIAL PAYMENT BOND • FEBRUARY 1970 ED.
3
BS-4294
•
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of
the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however,
to the following conditions:
1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party
tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom
Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice
required for use in the performance of the Contract, shall be served by mailing the same by registered mail
labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad-
water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place
service or rental of equipment directly applicable to the where an office is regularly maintained for the trans-
Contract. action of business, or served in any manner in which
legal process may be served in the state in which the
2. The above named Principal and Surety hereby aforesaid project is located, save that such service need
jointly and severally agree with the Owner that every not be made by a public officer.
claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the
full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract,
days after the date on which the last of such claimant's it being understood, however, that if any limitation em-
work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling
furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed
the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period
judgment for such sum or sums as may be justly due of limitation permitted by such law.
claimant, and have execution thereon. The Owner shall c) Other than in a state court of competent jurisdiction
not be liable for the payment of any costs or expenses in and for the county or other political subdivision of
of any such suit. the state in which the Project, or any part thereof, is
situated, or in the United States District Court for the
3. No suit or action shall be commenced hereunder district in which the Project, or any part thereof, is sit-
by any claimant: uated, and not elsewhere.
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and
notice to any two of the following: the Principal, the to the extent of any payment or payments made in good
Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of
days after such claimant did or performed the last of mechanics' liens which may be filed of record against
the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount
for which said claim is made, stating with substantial of such lien be presented under and against this bond.
Signed and sealed this 22nd day of May 19 87
VINTON CONSTRUCTION COMPANY
(Principal) (Seal)
_V I--.e■JE/l g.e■AIO' /‹.Z.,•ee/)r /■42
(Witness) �r"1'r^'� d.,
(Title)
..._ 9k.,) ,
INSURANCE COMPANY 0 NORTH AMERICA
ilf ' • urety) (Seal)
(Witness) � � �f!
\-tok
ATTORNEY IN FACT (Title)
AIA DOCUMENT A311 • LABOR AND MATERIAL PAYMENT BOND • FEBRUARY 1970 ED.
4
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'Xt1OYlf $ft- Ott" .,`�,,,,y/41100, � /1Jt e1 ` t/t0(stiRoce- COMPANY 00 NORTH AMERICA,'a corporation of the
Commonweatth;of sy'lvtsRie e 1pAt3 t O ce ff+,t Ott r lladelphia,Per nsy/vania,puteuant.to the following Resolution
- adopted by the'Boaitd f,3 dot, tAte Sritd ltnp‘y,on. eyf�mber t983.ti wit '
RES'alletk jA411Rkftoibghbill, EY"" 4ew, sfetil psl�ehttligorern ON execuZfon for the Company n
ny of bondsdertakings.recognizance■.contracts and other
rnlMgs M(M ntl1111 QNraof ,,A. / ✓i y i - �%r -. -
(1) That the Priesafent very- YJ s P/ej&1eM4tny yfe"(President"any iternitentVee eside t or my Attorney-in-Feu,may execute tot and on behalf of the Company any and sit bonds,
undertakings rsC4g*abN,clidtadfil ell veeh1PI, )rte n$iwe thereof.if*seine to beettested asren pecessaryby the Corporate Secretary.or any Assistant Corporate Secretary,and
n.NN ot.Ilia CrYtpstry a►ifainf•tfrgr. MO Me,i�asident,any Senior VbC..Poiardedt,:eny Vice President or any Assistant Vice President may appoint and authorize any:other Officer
' - (erected w lipporn(ld)vtytet onegamy;aridAttoitte�,ib-faot to so execute dr*ties!to the exeCu(ion of sit such writings on behalf of the Company and to affix the semi of the Company thereto.
(2) - My Mob*siting ea•CUted to ectiordanesdget teteXaWes shill be'aa binding ubon hte CofhPegy M en'ceen S.thorph'.agned by the President and attested to by the Corporate.Secretary.
(3) .The eibnature of the P)eNdent,Or a-SanlMVlce'kati/ent,or a ViCaPreeident,Man Maiitent Vice President and the seal of the Company may be affixed by facsimile on any power Of attorney
granted pura,ant to ibis Resolution.end itie aignetuterritn certifying Officer and the test the m be affixed facsimile to any certificate of any such
certliicle q• CY!ttpsny may - by y power,end any such power or
Dearkl0 aloft signalsn and amp!atoll lie vakd:�nd binding op.Om Company.-. - ;; •
(4) Such otber Officers Rf the Ccmpeny,end Attpmeys.4.Fact shag haw authority to certify of verify copies of this Resolution,the By-Laws of the Company,end any affida.it or record of the
Company necessary to hie discharge of their duties.
(5) The passage of this ReaolutiOn.does not revoke any earlier authority granted by Resolutions of the Board Director,adopted on June 9;;1953,May 28, 1975 and March 23, 1577.••
es hereby nominate,constitute and appoint JOSEPH L.: VILNA, DENNIS M. BARTON, and ELIZABETH M. FEDYN,
iti
1 of the City Of Brookfield; Mate of Wisconsin-- --
a _
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',o -
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+; --c individually if there be more than one named is true and lawful attorney in fact to make,execute, seal and deliver On its behalf,tt,
-a -1d as its act and deed any and all•bonds, undertakings, recogni ances,contracts and other writings in the nature thereof, And the
'' .C��? cecution of such writings in pursuance of these presents,shall be as binding upon said Company,as fully and amply as if they had been z
tU �c ily executed and acknowledged by the regularly elected officers of the Company at its principal office. o
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03 IN WITNESS WHEREOF, the said John B. Fitzgerald,Jr., Vice-President, has hereunto subscribed his name and affixed the m
Oorporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 3rd
=v CO / day of April 18_ R7 zi
C-a
CO• ji' f( INSURANCE COMPANY OF NORTH AMERICA rn
tur ,i�... by ��
ni
O CD 93
= iGOMMONWEALTH OF PENNSYLVANIA ` TZ ERALD. Vice President
ai....COUNTY OF PHILADELPHIA SS. 0
pp( i On this 3rd day of April ,A.D. 19 ,B7 ,before me,a Notary Public of c
o ola to Commonwealth of Pennsylvania in and for the County of Philadelphia came John B.Fitzgerald,Jr.,Vice-President of the INSURANCE °'
E .0
tOMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument,and he
ai j cknowledged that he executed the same,end that the seal l affixed to the preceding instrument is the corporate seal of said Company;
4- 4-,hat the said corporate seal and his signature were duly affixed.by the authority and direction of the said corporation,and that Resolution,
7 >, dopted by 001l111fstioi Directors of said Company, referred to in the preceding instrument, is now in force.
,�(l1 ; -;frfrri;r a .REOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year
.., ` irat `1 +,: .l, < W 4.. -
4
J
Z y fir =.. % Julia Anna Aohana Notary Public
(sEt�' OF � Phdade ph a, Philadelphia County, JULIA ANNA ROHANA Nolan Public
ti '.� gip,;
My COIIIMIssion EXpfros August 20, I990
% ``�.arecretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify.that the original POWER OF•
ATTORNEY:40/y/ ItO'foregoing is:a full,true and correct dopy, is in full force and effect. -/
• In witness whereof,I have hereunto subscribed my name as Secretary,and affixed the corporate Seal of the Corparbition,this
r,//Z .' ,:faY Of `/ sa 19E c ;^
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ti
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CERTIFICATE OF INSURANCE
Wausau Insurance Companies
This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred
to herein.
Name and Mailing Address of Insured
P
VINTON CONSTRUCTION COMPANY ProducerNo.: 2965
2705 N . RAPIDS RD. Office: MANITOWOC, WI 54220
P . O . BOX 2087 Date: 5 18 87
MANITOWOC, WI 54220 Region: MAN/ML
Polic Effective Policy Expiration of Insurance CO. Policy Number y y p iration
Unless otherwise indicated,this policy affords full coverage under the
NO. Date(MM/DD/YY) Date(MM/DD/YY) Workers Compensation laws of all states(except states where coverage
Workers can be provided only by State Funds,and Canada)and as designated
Compensation** 3 0 417 02 042000 12 01 86 12 01 87 in the policy and endorsements for Part Two(Employers Liability).
Liability Limits In Thousands
Commercial General General Aggregate $ 1 ,00D
Liability 2 0427 0 9 042000 12 01 86 12 01 87 Products&Comp./Ops.Aggregate $ 1 ,000
Commercial Package or Personal&Advertising Injury $ 1 ,000
Trademark(Section II only) Each Occurrence $ 1,a 0 0
( (Claims Made ( X )Occurrence Fire Damage(Any One Fire) $
50
Products-Completed Operations: Medical Expense(Any One Person) $ 5
( )�Included ( )Excluded
Owners&Contractors Aggregate $
Protective Each Occurrence $
$
Single Limit
Auto Liability 2 4 4 2 7 15 042000 12 01 86 12 01 87 Each Accident $ 1,000
Bodily Injury
(X )All Owned Autos Each Person $
( )Specified Autos Only Each Accident $
(X )Hired Autos Property Damage
(X )Nonowned Autos Each Accident $
Each Occurrence $ 5,000
Umbrella
Liability 2 0437 0 3 042000 12 01 86 12 01 87 Aggregate Products-Completed Operations $ 5, 000
Retention $ 10
Special Provisions/Locations/Specified Autos: CONTRACT 87-05 CONCRETE PAVING & UNDERGROUND
IF ANY POLICY DESCRIBED ABOVE IS CANCELED DURING ITS TERM BY THE COMPANY OR THE
COVERAGE AFFORDED BY IT IS REDUCED, THE INSURER WILL MAIL WRITTEN NOTICE 30
DAYS BEFORE THE EFFECTIVE DATE OF SUCH CANCELATION OR CHANGE TO THE PARTY NAMED
BELOW.
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 policy(policies)described above is subject to all of the trrms,exclusions and conditions of such policy(policies)during the terms(s)thereof.
*The entry of a number in this column means that the coverage is afforded by the company designated by the same number.
*Issuing Company No. 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
Issued to: 3.WAUSAU UNDERWRITERS INSURANCE COMPANY
• CITY OF OSHKOSH 5.WORLDWIDE UNDERWRITERS INSURANCE COMPANY
CITY MANAGER 7.ILLINOIS EMPLOYERS INSURANCE OF WAUSAU
CI TY HALL 1.WAUSAU LLOYDS
OSHKOSH, WI 54 90 1 �.
• Signed _ _s Cy e- --r
Authorized Representative
1185 PRTD USA (S)80-324