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HomeMy WebLinkAboutVinton Const. & City Construction Contract 16-16 CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, Wl 54903-1130 PHONE: (920)236-5115 FAX (920) 236-5106 LETTER OF TRANSMITTAL To: Vinton Construction Company Date: April 7, 2016 PO Box 1987 Project; Senior Center Parking Lot Manitowoc WI 54221 Improvements From: Amber Heise, Admin. Assistant Attn: Re: Signed Agreement Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Agreement ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos. ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement for Senior Center Parking Lot Improvements, Public Works Contract 16-16 These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review & Comment Remarks: cc: City Clerk (original) Public Works (original) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 91h day of February, 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and VINTON CONSTRUCTION COMPANY, PO BOX 1987, 2705 N RAPIDS ROAD, MANITOWOC Wl 54221, 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 1. 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. 1616 for the Senior Center south parking lot improvements, for the Public Works Department, pursuant to Resolution 16-50 adopted by the Common Council"of the City of Oshkosh on the 9th day of February, 2096, 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 11. 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 Special Conditions and/or CONTRACTOR's proposal. ARTICLE Ill. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of Seven-Hundred-Seventy-Seven-Thousand-Three-Hundred-Twenty-Tvvo dollars and 12/100 ($777.322.12), adjusted by any changes as provided in the Specifications, 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 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. 1 (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 Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this Contract, the Specifications, whichever is longer, ARTICLE VI. 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: I. This Instrument 2. The City's Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids 6. Contractor's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. 2 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 subscribed 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 By: e-r,5 r EN7 (Seal of Contractor (Specify Title) if a Corporation.) By• r ,�' Vice • ?2e .5 iDf N—T (Specify Title) 1 f/; CITY OF OSHKOSH 7 c- Mark A. Rohloff, City Manager 4 � '. And: (Witness) la R. Ubrig,�City C erk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract dyrtt4orne City Comptroller 3 Bond No. 1.06428599 Executed in Three Copies WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INS`I' I 'I UTE OF ARCHITECTS WIS, AIA DOCUMENT p JULY 1980 ED. VaS. A312 w PUB a ao o. LIC I N PERROYRMANCEILABOR M PAYMENT BOND Q 3 O THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT O A TO SECTION 779.14 WISCONSIN STATUTES. y 3 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 Company, 2705 North Rapids Road—P.O. Box 1987, Manitowoc, as Principal, hereinafter called Principal, and, (Here Insert the legal title anAiI.Pre.°nf surety) 54221-1957 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, 13935 Bishops Drive-Suite 200, Brookfield, Wisconsin 53005 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, 215 Church Avenue-P.O. Box 1130, Oshkosh, Wisconsin 54902-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amountof Seven Hundred Seventy--Seven Thousand Three Hundred Twenty-Two and 12/100x -------------------------------------------------- Dollars ($ 777,322.14, (Here insert a sam 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, finmly by thews.preser;ts. WHEREAS, Principal has by written agreement dated February 9 2010 entered into a contract with Owner for Public Works Contract No. 16--16 — Senior Center South Parking Lot Improvements in Osh osh, I sGGonsin 1n acc0 ance Wlt tlrawing3 and Spt Cifications 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 Statutesi y d O P The said written agreement, drawings, specifications and amendments N a are hereinafter referred to as the Contract. n H PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS,AIA DOC,WIS.A312AUGUST. 1989ED. PAGE 1 t7 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'Princil al 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 mane against the parties pro rata. Signed and sealed this 3rd day of March 2016 IN THE PRESENCE OF: VINTON CONSTRUCTION COMPANY Prl wipd ice• i�rGe 5 I TRAVELERS CASUALTY AND- SURETY COMPANY OF AMERICA Name of Surety 1i11!111/////'//�� ZR '% I witne" 'r.. J. eph Vigna, Att rney--T ' 11ARrFo��`,.� �.. CONNAPPROVLID BY* o IN THE PRESENCE OF: ��urrr!r r I I f 4 1 1 1 111111\ Owner By. (Seg11 witne" �ttel *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/LA13OR-NIATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AMIN POWER OF ATTORNEY TRAVELERSFarmington Casualty Cornpany St,Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-LI Fact No. 230086 Certificate No. 006630023 KNOW ALL IIIEN BY THESE PRESENTS: That Farmington Casualty Company, St.Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation ditty organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and(hat the Companies do hereby make,constitute and appoint Elizabeth M.Fedyn,Joseph L.Vigna,Dennis M.Barton,and Michael T.Burg of the City of Brookfield State of Wisconsin ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more titan one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of.guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and underial ings required or N pitted in any actions or proceedings allowed by law, IN WITNESS WHEREOF,the Companies have caused this instntment.to be signed arid hr c eiorporate seals to be hereto affixed,this 3rd day of February 2016 Far•n►ingtou Casualty Company St.Paul A ercury Insurance Company Fidelity and Guaranty Ir>surau ce'Coritj)mry 'Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St,Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company �A4�,� .iRE� *K•�NSG A�.NSygga JP�sr 0 r gCS FQe �(�.�,� 4 �tOP9oRA>'E,�i �4itApPORpTEl " HARIFO9a 3 }9 HO, i 1982 3 1977 g I�S, y.SEgl. i; a'.Sl�1CF.� cow o o No dr N+ -`d SAF .�£ r �a j .- •• a s1 „+ 'i t� A1T�,►N3� State of Connecticut By: City of Ilartford ss. Robert L.Raney, enior Vice President On this the 3rd day of February 2016 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Cnmpany, Fidelity and Guaranty insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surcty Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing oil behalf of the corporations by himself as a duly authorized officer. 04- er* In Witness Whereof,l hereunto set my hand and official seal. WaMy Commission expires the 30th day of June,2016. Made C.Tetreauk,Notary Public Ck 58440.8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 7 i CERTIFICATE OF LIABILITY INSURANCE DATED(• 18 OD'r6rYY1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED,subject to the terms and Conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT dl Aon Risk Services Central, Inc. SAE' a Green Bay 4VI Office (AICNNo.Ext): C920) 437-7123 Fix (920) 431-6345 A1C.No. 111 N. Washington street, Suite 300 E-PML o P. 0. Box 23004 ADDRESS: 0 Green Bay WI 54305-3004 USA INSURER(S)AFFORDING COVERAGE NAIC p INSURED INSURER A 76rich American Ins CO 16535 Vinton Construction Company INSURERS: American Guarantee & Liability Ins Co 26247 2705 North Rapids Road P O BOX 1987 INSURER C: Manitowoc wI 54220 USA INSURERUr INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER:570061472440 REVISION NUMBER: 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. Limits shown are as requested SR UE1 POEAGY EXP LTR TYPEOF[NSURANCE . NS NIVD POUCYNUfdeERMlAA]D !AlND LIMITS X COMMERCLAL43ENERALLEMILITY GLO-5 - EACH OCCURRENCE 1 $1,000,000 CLAIMS-MADE X❑OCCUR GENERAL LIABILITY KEN0 $300,000 PREMISES En occurrence MED EXP(Any one person) F $10,000 PERSONAL&ADV INJURY $1,000,000 GEMLAGGREGATE UMI APPLIES PER: GENERAL AGGREGATE $2,000,000cq POLICY PFO ❑X LOC PRODUCTS-COMPIOPAGG $2,000,000 v OTHER: o 0 A AUTOMOBILE LIABILITY BAP-599$753-02 03/01/2026 03/01/2017 COMBINED SINGLE LIh!fT $1,000,000 BUSINESS AUTOMOBILE Ea accdenl X ANY AUTO BOOILYINJURY(Per persdn) O OWNED SCHEDULEDz AUTOS ONLY AUTOS BODILY INJURY(Peracddent) ry X HIREDAUTOS X NON-OM80 PROPERTYOAlAAGE ONLY AUTOS ONLY er acadenl iti a X UMBRELLA LIAB X OCCUR JAUC 594$802-02 03/01/2016 03/01/2027 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAVAS-MADE UMBRELLA AGGREGATE $10,000,000 DED RETENTKJN A WORKERS COMPENSATION AND WC-5948756-02 03/01 2016 03/01 2017X PER OTH• EMPLOYERS'LIRBILITY YIN WORKERS COMPENSATION STATUTE E ANY PROPRIETOR IPARTNER IEXECUITVE N E.L.EACH ACCIDENT S1 000 000 CFFICEFWEMSER EXCLUOED7 NIA Ues.(Vandes In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 �ESCRIPM14OFOPERATIONSNIOW - E.L.OWEASE-POLICY LIMIT $1,000,000-•---. DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 191,Additional Remarks Schedule,may be attached"d more space is required) RE: PROJECT #16-16 SENIOR CENTER PARKING LOT. ADDITIONAL INSURED ON THE GENERAL LIABILITY, AUTO AND UMBRELLA CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS AS RESPECTS TO THE PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT, AS REQUIRED BY WRITTEN CONTRACT. ENDORSED POLICIES WILL INCLUDE A 30 DAY NOTICE OF CANCELLATION/NONRENEWAL FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, PROVIDED TO THOSE PARTIES INDICATED IN THE WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN ACCORDANCE %M1TH THE POLICY PROVISIONS. CITY OF OSHKOSH AUTHORIZEDREPRESENTATtVE Fes' Po BOX 1130 OSHKOSH WI 54902 USA ©1988-2015 ACORD CORPORATION,All rights reserved. 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