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HomeMy WebLinkAboutPW CNT 87-06/Vinton Construction CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 6th day of July, 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. 87-06 for concrete paving for Public Works Department , pursuant to Resolution 159 adopted by the Common Council of the City of Oshkosh on 2nd day of July , 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 CQMPLETION 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 1/45 ,2144.7x, 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 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 con- tract . (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 QITY HARMLEaS 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 VL COMPQNENT 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 441--<" By :el___.. ees s t v.C.••r , ' /( Seal `of Contractor (Specify Title) if a Corporation . ) By : (Specify Title) CITY OF OyIKOSH —// / By 4 'G - s -e--"."�r 7774':5Z—..::- /f . 1 f / fitness) / Willi m D . Frueh , ""9ity Manager 1' �/l i 1,f? t-)- t 1 L+�P.1 a,r_�� /"\.,_ And , 1) --.L;,.;(_ ) I)=_t,, ( Witness) Pamela R. Gray, Deputy Cit C'1e ;k 1 I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. r, 1 Edward A. Nokes , City Comptroller Ap ro ed as t. •, m• Warren P. Kraft , A- st , C ty Attorney 3 CHANGE ORDER NO. 2 TO: VINTON CONSTRUCTION COMPANY DATED: December 9, 1987 Box 2087 Manitowoc, WI 54220 Your present contract with the City of Oshkosh, Contract No. 87-06 , 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": Section I - Concrete Paving - Total Increase to Section $8,206.82 Total Decrease to Section $2,432 .17 NET INCREASE TO SECTION $5,774.65 Section II - Sanitary Sewer - Total Increase to Section $ 915.70 Total Decrease to Section --- NET INCREASE TO SECTION $ 915.70 Section III - Water Main - Total Increase to Section $ 73.50 Total Decrease to Section --- NET INCREASE TO SECTION $ 73.50 Section IV - Storm Sewer - Total Increase to Section $6,579.74 Total Decrease to Section $ 781.40 NET INCREASE TO SECTION $5,798.34 TOTAL INCREASE TO CONTRACT $12,562.19 Aeca=/;r nde• : 7'('Y OF SHKOSE By: - 'irector' o Public Works City Manager r i City Clerk Approved and accepted: V P co tract I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within Change Order. 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In 0 (/) • V) Z Z S +-1 a • H 0 N 6-1 Z ccnn 4-r i�-1 as o1 Q = ccU • � w-1 CU X44 � 3 CO .� .� m 0 d •a W > (n 1--1 (n 1-1 1-4 11 66.1 0 a-/ b A H • • w 41 • w a a1 w 0 'V 'c 7 X •v 7 .0 w -I at Z cv0 +-1 +- 0 .0 w Cp 0 •-1 .-1 (n (n CO (n 04 H Q H H V RC W W (n • • W E H = M u'1 .0 N- CO rn 0 4-4 i'1 H Z M M M M M M .7 .7 .7 PERFORMANCE BOND KNOW ALL MEN ..i' THESE PRESENTS,, tines L" VINTON CONSTRUCTION COMPANY Contractor- , as principal , and INSURANCE COMPANY OF NORTH AMERICA as surety are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner , in the sum of Seven Hundred Ninety-Five Thousand Two Hundred Fourteen Dollars and 75/100 (Dollars) ($ 7.9 , 2 1 4.7 5 ) 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 , aan the ----- 9th day of _July_ 1287 , by articles that date, enter into a contract with the Owner for the Concrete Paving and Underground Work Contract 87-06 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 nia i_w;-:ar from and against all liens and claims of every d_scr i nt i on in connection therewith , including payment for all mn_eria.l_ , labor and equipment , then this obligation shall be void and of no effect , but otherwise, it shall remain in full i-orc= and virtu_., and in the event that the said Owner shall extend the time for completion of the work or otherwise modify elements of ti e contract in accordance with provisions thereof , such of time or modifications of the contract shall not in any way release the sureties of this bond, • WITNESS OUR HANDS AND SEALS this 9th DAY OF July 1982_. In the Presence o-F : VINTON CONS' RUCTION COMPWAL) j (Yit..\ _ imt SEL) Principal INSURANCE j 0 i'ANY OF NV TlistiVERICA (1;2A _')ZtaltrOSCLCC2 air .t_ ('17 y �.,a' i' ^,F ,* Cif 4pp}r� �^ Ha r C; Y E){°� Atrteric�r` '*0y1W `n L 5 t5 T SLJRANCE COIYIPANtf 00,NORTH AMERICA,'a corporation of the > 1 pt hr .14$. v�(tt►a;, +� 1$:1)000.40.'''2- 1)000.{�t#t a in th ty dl `ledelpht+a,Pennsylvania;pursuant to the following Resolution adtapted:b the'Boal ;f �lrekor t e Braid Co flp Y on Oepembet ra, 1983 to wit: .,. 3d 1 a)Ihea1(tLewe,ihi teiluwtng-4°41,._ahaltgbvern the execution for the Company nfbsmda,.und$rtakinga,recognizances,contracts and other r ' - z1_� -(t� ;rhaf the'fr*i.dagt iltiY-• br .PrirprdMlC ilay etxa,:Ffreel ..A airy&maitgM,serh Pfealderr or any.Attorney rn-yby may exports for and on bran of Me Company any ec all bonds, 'other,vhrlt` q}fh$,gatu-,----Q1,--,--ore to be shelled when Receseary by the Corporate Secretary,or any,Aesintant Corporate Secretary,and �, N 4,t `teat 1be *den(,any Senfol ytca,RteardOfft a(!y.Wee frceident or any Meitner*Vice fressdent may ppoint and authorize any ether Officer `,(gle-ted°wi d lt°911)ia +wley At) +ayri- ,I e' eta or attest to the eiiacuUpn o#•.9H aUOh writing$on behett of the Cgglpeny and to affix the seal the C;omyatry thereto. '.•-'.` ., (ii''y My i5b}',wn"h(rg Qt d in aoddrdancayvnb.rftaaa%tales Allan bees binding upon the Conipihy in any pass$$though eigned'pY the President and attested to by the Corporate Secretary (3) ,, �[e of mat'iaeidslrt.dr'iSanto'$'tG&Pi'' -'-''ft,M s°Pica-f)resfdent or e'8 A# iatStN Vice President and the seal ante Company may be affixed by facsimile on any power of attorney. #¢sM ikPl taUMK td l sAaaoiutiwt,antt'Gte a onstett C_eil*Mig glicet°and Siee lei el the-Company,maybe affixed DY facsimile to any certificate of any such power,and any.such power or ' . certit(aete Tl6srblg aadp aceimgs:eip(rstdrA and se "atlalt-be valid-pod binding ott,the comperty. (4) SoCh,,Ot ipc OfflcerS at the(+ampany,$50 Altome-ye, -ir4-FeCt Visit have:auttolttyto cerfy, or verity'copies of this Resolution.the By•Laws of the Company,and any affidavit or record of the -Company aeceseary 3e,11ie dts47ulrge ottheir duas. (5) -Tfre-papiagrr of this fiepe rtion.4ae$pot revOtre any earlier authority granted by`Resolplx ins'of the Board of Directors adopted on yore 8,,;1953.May 28.1975 and March 23;1977." ,es hereby nominate :constitute and appoint JOSEPH L. :t1TGMA,.. DENNIS M. BARTON, and ELIZABETH M. FEDYN, i 1 o`f .tti°e City 6f .Brookfl:e1d, State of Wisconsin - rg. .ac .� . �; -'c iridivtdually if there.be more than onee named,its true and lawful attorney-in-fact,to make, execute seaf and deliver on its behalf, P. .- d as-its act and deed any and all bonds, undertakings, recognizances, Contracts and other writings in the nature thereof, And the *7:3'34 _ ecutien of such writings in.pursuance;of these presents,shall.be as binding upon said Company,as fully and amply as if they had been x ra y executed and acknowledged by the regularly elected officers Of the Company at its principal office. o 0 O = c h. v iN WITNESS WHEREOF, the said John B. Fitzgerald, Jr., Vice-President, has hereunto subscribed his name and affixed the z --..rporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 3rd _ N 6 7, day of Apr.i1 19 87 z C, , INSURANCE COMPANY OF NORTH AMERICA o 1 z O 4jt. '� by ® ® / /m 0 CO m C aal 1 OMMONWEALTH OF PENNSYLVANIA ss. ®ERALD, Vice President a 4) i OUNTY OF PHILADELPHIA a o d On this 3rd day of April ,A.D. 19 87 ,before me, a Notary Public of ttu)+�, a Commonwealth of Pennsylvania in and for the County of Philadelphia came John B.Fitzgerald,Jr:, Vice-President of the INSURANCE o OMPA 4Y OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument,and he ,,, (i% cknowtedged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; w ` at the Said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Reesolution, 't3 > dopted by - f Nfites.1 Directors of said Company, referred to in the preceding instrument, is now in force.rui as U 1 ' REOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year 1- cu rat a y , lk 4 h i V '� r !! � d iiiii8 Anna Rohana #ibtary Public (SEI.�'s " .- 'i hiiatil4P lie, Phitade#phis County, P JULIA ANNA ROHANA Notary Public. My Caflttniasion Expires'August 20, 1990 • 4, ecret8ryt of INSURANCE-COMPANY OF NORTH AMERICA,.do hereby`certify that the original POYVER OF ATTORNEY/fin t$t ial `)oregoing is a full, true and correct copy, is in full forge and effect:. In witness whereof, i have hereunto subscribed my name as Secretary, and affixed the corporate seal of the gorpvrst±on,this 9 tai dray of JU y 19 '_ 7 'ki 4 r' .��t . ,r YYY 1 iR ft , James S. Wyllie , egretary BS-15879c Ptd.in U.S.A F,, CERTIFICATE OF INSURANCE * a 1 k Wausau Insurance Companies 0-4iL a ':r 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 I—VI NTON CONSTRUCTION COMPANY Producer No.: 2965 2705 N . RAPIDS ROAD Office: MANITOWOC, WI 54220 P .O. BOX 2087 Date: 7 8 87 MANITOWOC, WI 54220 Region: MAN/ML L C*0. Effective Policy Expiration ..Type of Insurance CO. Policy Number Date(MM/DD/YY) Date y Ex DDtion Unless otherwise indicated,this policy affords full coverage under the NO. 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 01-F17 0 2 042000 1 2 01 86 12 01 87 in the policy and endorsements for Part Two(Employers Liability). Liability Limits In Thousands (000 omitted) Commercial General General Aggregate $ 1,000 Liability 3 0 427 0 9 042000 12 01 86 12 0 1 87 Products&Comp./Ops.Aggregate $ 1,000 Commercial Package or Personal&Advertising Injury $ 1,000 Trademark(Section II only) Each Occurrence $ 1 000 ( )Claims Made ( XOccurrence Fire Damage(Any One Fire) $ 50 Products-Completed Operations: Medical Expense(Any One Person) $ 5 ( )f Included ( )Excluded Owners&Contractors Aggregate $ Protective Each Occurrence $ $ $ Single Limit Auto Liability 2 0 427 15 042000 12 0 1 86 12 0 1 87 Each Accident $ 1 ,000 Bodily Injury ( )()All Owned Autos Each Person $ ( )Specified Autos Only Each Accident $ ( X Hired Autos Property Damage ( )t Nonowned Autos Each Accident $ Each Occurrence $ 5 ,000 Umbrella Liability 2 0 437 0 2 042000 1 2 0 1 86 12 01 87 Aggregate Products-Completed Operations $ 5,000 Retention $ 10 Special Provisions/Locations/Specified Autos: CONTRACT 86-06 CONCRETE PAVING AND UNDERGROUND . IF ANY POLICY DES CRI BED 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 terms, 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 CITY HALL 1.WAUSAU LLOYDS OSHKOSH, WI 54901 e• Signed dS { - Authorized Representative 287 (S)e0-324 CHANGE ORDER NO. 1 TO: VINTON CONSTRUCTION COMPANY DATED: October 26, :1987 Box 2087 Manitowoc, WI 54220 Your present contract with the City of Oshkosh, Contract No. 87-06 S 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 1. OREGON STREET & WEST 24th AVENUE INTERSECTION Widen turning radius at northeast corner, lump sum $3,859.80 2. OMRO ROAD (S.T.H. "21") AND OSHKOSH AVENUE INTERSECTION - Remove and replace island tip at west side of intersection to increase setback, lump sum $1,870.75 TOTAL ADDED WITH CHANGE ORDER #1 $5,730.55 Reco'i nded: CIyY OF 0 . SSH "'irector of is !tor s City -nager J/\ } rry/ City Clerk A proved and accepted; i Cbn acto J 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. Lu,„:- ( ci; ike..k: Comptroller Approved as titgo ; i 14 A ri L,-,--- V . ty Attorney )(/-1( E DATE(MM/DD/vv, I CERTIFICATE OF INSURANCE ISSUE PRODUCER 7;! THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS I / + NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CSI, Inc. P.O.Box 746 COMPANIES AFFORDING COVERAGE Brookfield, WI 53008-0746 COMPANY LETTER A CNA INSURANCE COMPANIES COMPANY B INSURED LETTER U.S. INSURANCE GROUP Vinton Construction, Inc. COMPANY 2105 N. Rapids Road LETTER et P.O. Box 2087 COMPANY D Manitowoc, WI 54220 LETTER l! �COMPANY LETTER E girwilin COVERAGES .��-., '14r.1 PE- OD INDICATED, THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU "� . i -, ,- �� IS E=•OD INDICATED, MAY OVII NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOC T ); ' ,',T 1 I C SAND E MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS •- CONDI- TIONS OF SUCH POLICIES. CO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR TYPE OF INSURANCE DATE IMM/OD/YY) DATE(MM/OD,1YY1 GENERAL AGGREGATE $ ,,000, GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/0PS AGGREGATE $ 1,000, A 1 CLA!MS MADE I X'OCCURRENCE PERSONAL&ADVERTISING INJURY $ 1,000, OWNER GL 0952650 12/01/87 12/01/88 EACH OCCURRENCE $ 1 000 PROTECTIVE $ 50, RRE DAMAGE(ANY ONE FIRE) MEDICAL EXPENSE(ANY ONE PERSON) $ 5_�, AUTOMOBILE LIABILITY X ANY AUTO CSL $ 1,000, —' ` ,e ALL OWNED AUTOS BODILY T INJURY ss A SCHEDULED AUTOS PER PERSON) $ BUA 0931255 12/01/87 12/01/88 h , BODILY X HIRED AUTOS pEIDE ; s X ACCIDENT) $ r 7 A NON OWNED AUTOS GARAGE LIABILITY PROPERTY $ ' DAMAGE -.. / ... EACH AGGREGATE EXCESS LIABILITY ,' occuRRE VCE A X MB 0931256 12/01/87 12/01/88 '' $ 2,000, $ 2,000, OTHER THAN UMBRELLA FORM — , f ��� STATUTORY 1...._= (, WORKERS'COMPENSATION $ 500, lEACH ACCIDENT) 12/01/C7 1 101 66 A AND VC 0931954 12/01/88 $ 1,000, DISEASE POLICY LIMIT} A EMPLOYERS'LIABILITY $ 500, ID)SEASE-EACH EMPLOYEE) OTHER Additional To Be Issued: 12/01/87 12/01/88 $ 3,000,000 over 0931256 B Excess Liability l DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS 81,-0 6 Contract S 06 Concrete Paving CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX City of Oshkosh PIRATION DATE THEREOF, THE ISSUING COMPANY vmigeo TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Manager City Ball LEFT, E3� �fh?�iP.,�!,�1 6f,a•�,. �,a.�.��-(n�lt,il-j,�g� ��(.:�•}:1�1•'t't('I��°l� Oshkosh, WI 54901 fls:�o,s.t$11, 4),14i?:f.tt,r•_f440 ter 1,14•)°►Jt47.a.tgl. JOI::� AUTHO• ED ' PRESENTATIVE r1 ,°� ©IIR/ACORD ••ORPORATION 198 ACORD 25-S(11/85)