HomeMy WebLinkAboutPW CNT 79-02/Vinton Construction CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 9th day of May , 1979 ,
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. Highway 141, Manitowoc, WI 54220
party of the second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH: That the City and the Contractor, for the
considerations 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 79-02, Section II - CONCRETE PAVING AND APPURTENANT WORK
Pursuant to Res. #9 adopted by the Oshkosh Common Council on May 3, 1979.
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
contract the sum of $ 580,309.55 , 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 performance of the Contract the
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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
S . 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 .
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IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this
contract to be sealed with its corporate seal and to be subscribed to by its
City Manager and City Clerk and countersigned by the Comptroller of said City,
and the party of the second part her hereunto set its, his or their hand and
seal the day and year first above written.
In the presence of: CONTRACTOR
V j", NSTRUzz COMPANY
By: rL ��
(Specify Title)
(Seal of Contractor
if a Corporation) By:
(Specify Title)
CITY OF OSHKOS
c-)n BY: r - .
WILLIAM D. FRUEH, CitylManager
- �'-re L� �—/ BY /
CO E C. MARKS, Cif lerk
I certify that provisions have been made to
pay the liability that will accrue to the
City of Oshkosh under the within contract. (Seal of City)
?AdLot,„_40 C41O-
EDWARD A. NOKES, City Comptroller
Approved as to form':
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(.7//j4 S e/ �m� y Cif i AH
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lirj PERFORMANCE AND THE /ETNA CASUALTY AND SURETY COMPANY
PAYMENT BOND Hartford, Connecticut 06115
LIFE&CASUALTY
KNOW ALL MEN BY THESE PRESENTS,THAT, Vinton Construction Company, 2705 North
Highway 141, Manitowoc, Wisconsin 54220
(hereinafter called the Principal),as Principal, and THE !ETNA CASUALTY AND SURETY COMPANY, a corporation
organized and existing under the laws of the State of Connecticut with its principal office in the City of Hartford,Connecticut
(hereinafter called the Surety), as Surety,are held and firmly bound unto
The City of Oshkosh, Wisconsin
(hereinafter called the Owner),and to all persons who furnish labor or material directly to the Principal for use in the prosecu-
tion of the work hereinafter named, in the just and full sum of Five Hundred Eighty Thousand Three
Hundred Nine and 55/100s ($ 580,309.55 ) Dollars,
to the payment of which sum,well and truly to be made,the said Principal and Surety bind themselves, and their respective
heirs,administrators,executors,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 9th day of
May , 19 79 , to Public Works Contract 79-02, Section II -
Concrete Paving and Appurtenant Work
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall fully indemnify
the Owner from and against any failure on his/her part faithfully to perform the obligations imposed upon him/her under
the terms of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and
if the said Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in
the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in
his/her own name and for his/her own benefit, subject, however, to the Owner's priority, then this obligation to be void,
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on this instrument
unless the same be brought or instituted and process served upon the Surety within 'two- after completion e letion of the work
mentioned in said contract, whether such work be completed by the Principal, Surety or Owner; but if there is any main-
enance period provided in the contract for which said Surety is liable,an action for maintenance may be brought within two
years from the expiration of the maintenance period, but not afterwards.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of
May , 19 79 .
VINTON CONSTRUCTION COMPANY (SEAL)
t.
BY: ,- /(_/121; �=G4? (SEAL)
(SEAL)
THE IE A CASUALTY AND SURETY COMPANY
By
Charlene Bohlman, Attorney-in-Fact
CAT.40568A
•(S-1713-F) 11-75 PRINTED IN U.S.A.
- CERTIFICATE OF INSURA �;CE
` + " EMPLOYERS INSURANCE OF WAUSAU
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.
( ) This certificate renews or replaces the certificate previously issued.
Name and address of Insured
I- Vinton Construction Company
2705 North Highway 141 Representative No.: 2965
Manitowoc, WI 54220 • Place: Manitowoc, WI 54220
Date Issued: 6-5-79
Region: Man/M1
L
Kind of Coverage I Expiration Date Policy Number ' Unless otherwise indicated, this policy affords full coverage under the Workers'
Compensation laws of all states(except states where coverage can be provided only by
Workers' State Funds, and Canada) and as designated in the policy and endorsements for
Compensation' 1 12..1•,,79 0419-02••042000 Coverage B—Employers' Liability.
Limits of Liability
Bodily Injury Property Damage
Comprehensive $ 500,000 Each Occurrence $ 100,000
General Liability 1 12-1-79 I 0429-09...042000 Each Occurrence
$ 500,000 Aggregate $ 100,000 Aggregate
Products-Completed Operations: {l Included 0 Excluded Single Limit $ Each Occurrence
Contractual•All Written Contracts:®Included 0 Not Covered S Aggregate
Owners',Landlords' $ Each Occurrence $ Each Occurrence
and Tenants'Liability
$ Aggregate
Contractual Liability--- $ Each Occurrence $
Designated Contracts Each Occurrence
Only $ Aggregate
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Single Limit $ Each Occurrence
$ Aggregate
Automobile Liability 111 12-1-79 I 0429-15-042000 $ Per Person
All Owned Autos ®Hired and Nonowned Autos S Per Accident $ Per Accident
—
['Specified Autos Only Single Limit $ 500,000 Per Accident
N.
Special Provisions/Locations covered by policies lis h c h if cified Autos: Wisconsin -- Contract #79..02 \'
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,r,TOR E-
Girr`r OFFla..
Not withstanding 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 term(s)thereof.
i The entry of a number in this column means that the coverage.is afforded by the company designated by the same number.
Issued to: Issued by (1.) EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN
• City of Oshkosh (2.) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU
City C Jerk (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY
P.O. Box 1130 (4.) WORLDWIDE UNDERWRITERS INSURANCE COMPANY
Oshkosh, WI 54901 . •
•
Signed R, E . Authorized Company Representative
10-78 PRTD.IN U.5 A_
(5) 15.5736