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Home My WebLink AboutPW CNT 04-13/Northeast Asphalt ,< c:¥, ~i~ CONSTRUCTION CONTRA CT THIS AGREEMENT, made on the 25th day of August, 2004, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and NORTHEAST ASPHALT, INC., W6380 Design Drive, Greenville, WI 54942, 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. 04-13 for asphalt paving and underground work, for the Public Works Department, pursuant to Resolution 04-291 adopted by the Common Council of the City of Oshkosh on the 24th day of August, 2004, 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 sha~ay to the Contractor for the performance of the contract the sum of $251,117.00, 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 amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number 1 . , , 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 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. 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. 2 . , \, < . 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: I NO (Seal of ontractor if a Corporation.) APPROVED: CONTRACTOR ::RTH~1Atí:t ~cif/.~L¡ f~ec. v.t>. BY~~ /~ ~~~~~~!I~/v1. h~1)cLi ~iot--I V.V. CITY OF OSHKOSH /.'/Å By: ~;P\ ichard A. Wollangk, City Manager ,- <" "" And: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. £fl, 4J. [J 0 (t(~J City Comptroller 3 11I8St RIo. I Suret~ PERFORMANCE AND PAYMENT BOND St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company FideJity and Guaranty Insurance Underwriters, Inc. Fidelity and Guaranty Insurance Company Principal Office: 385 Washington Street St. Paul. Minnesota SS 102 Seaboard Surety Company Principal Office: 5801 Smith Avenue Baltimore, Maryland 21209 Bond Number 4cD 1?Ç 4l{ )) KNOW ALL MEN BY THESE PRESENTS, that we, Northeast Asphalt, rnc. of W6380 Design Drive. Greenville. WI 54942 as Principal. and 81. Paul Fire and Marine Insurance Company, a corporation, having its principal office and place of business in the City of St. Paul, MN as Surety, are held and firmly bound unto City of Oshkosh, Wisconsin as Obligee, in the sum of two hundred fiftv-one thousand. one hundred seventeen and 00/100 -------------------------------------------------------- Dollars ($ 251,117 .00 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated 1st day of September 2004 WHEREAS, the Principal has entered into a certain written contract dated the August 25, 2004 day of , with the Obligee for Public Works Contract No. 04-13 - Asphalt Paving and Underground Work NOW THEREFORE, the condition of this Obligation is such, that if the Principal shall faithfully perform said contract according to its terms, covenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use in the prosecution of the work under said contract, then this obligation shall be void; otherwise it shall remain in full force and effect. Subject to the named Obligee's priority, all persons who have supplies labor or material dìrectly to the Principal for use in the prosecution of the work under said contract shall have a direct right of action under this bond. The Surety's aggregate liability hereunder shall in no event exceed the amount set forth above. No claim, suit or action shall be brought hereunder after the expiration of one (1) year following the date on which Principal ceased work on said contract. If this limitation is made void by any law controlling the construction hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such law. NORTHEAST ASPHALT, INC. BY~/~ (S~ ~~ Mc:~dC- Nð 101'1 I V .P. Witness: -~ 13~ A 4fb.d~ -Q....oJ ~ L_~ By: e Company (Seal) 66103 Rev. 9-1999 Printed in U.S.A. Steve W. StD..ul Surety St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company rei St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Medical LIability Insurance Company Bond No. t.¡Ðo Té lf4S"') RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is $0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. \/ Producer TIDS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TIDS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Aon Risk Services Inc. of Wisconsin P.O. Box 23004 701 Cherry Street Green Bay, WI 54305-3004 800-437-0555 Insured Northeast Asphalt, Inc. W6380 Design Drive Greenville, WI 54942 Attn: Amy Bergsbaken Company A Transportation Insurance Company Company B Company C American Casualty Company Continental Casualty Company TIDS 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 WIDCH TIDS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDlTIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EXPIRATION DATE MM/DD CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD LIMITS Auto Only ~Ea Accident Other than Auto Only: Each Accident Aggregate Each Occurrence Aggregate [8J Limits Each Accident Disease - Policy Limit Disease - Ea Employee Statutory 15,000,000 Blanket Limit $500,000 Limit $2,000,000 $2,000,000 $2,000,000 $2,000,000 $100,000 $5,000 $2,000,000 $ $ $ $ $ $5,000,000 $5,000,000 $ $500,000 $500,000 $500,000 Description of OperationslLocationsN ehicles/Special Items: Certificate Holder is an additional insured on the commercial general liability per the blanket additional insured endorsement with respect to claims arising out of our work provided by the insured for the certificate holder on the City of Oshkosh 04-13 project. NEA #703695 C General Liability [8J Commercial General LiabiJity 0 Claims [8J Occur 0 Owner's & Cont Prot 0- 0 Automobile Liability [8J Any Auto [8J All Owned Autos 0 Scheduled Autos [8J Hired Autos [8J Non-Owned Autos 0- 0 GL2071 060784 03/01/04 03/01/05 C BUA2071060820 03/01/04 03/01/05 C Garage Liability 0 Any Auto 0 0 Excess Liability [8J Umbrella Fonn 0 Other than Umbrella Fonn Workers Compensation and 03/01/04 03/01/05 CUP2068203930 AB D Employers' Liability The Proprietor/Partnersl [8JIncl. Executive Officers Are: OExc. Other Contractors Equipment Leased or Rented Equipment WC2071060736 (WI) WC2071060753 MI,IL 03/01/05 03/01/04 IM06305498 IM06305498 03/01/04 03/01/04 03/01/05 03/01/05 City of Oshkosh PO Box 1130 Oshkosh, WI 54902 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ;!j! DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATNES. AUTHORIZED REPRESENTATIVE