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HomeMy WebLinkAboutPW CNT 05-13/Northeast Asphalt <. "- ~ CONSTRUCTION CONTRA CT THIS AGREEMENT, made on the 23rd day of August, 2005, 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. 05-13 for asphalt paving, storm sewer, sanitary sewer and water main for various locations, for the Public Works Department, pursuant to Resolution 05-261 adopted by the Common Council of the City of Oshkosh on the 23rd day of August, 2005, 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 $623,369.10, 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 Contràctor's proposal; the number 1 c. 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 I n 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: , ß..w C . I J6 Jl. ...J ~~" {Si~ of Co tractor if a Corporation.) ~~~ (Witn s) Ii-'ll ~ }1),G cA (Witness) CONTRACTOR NOR~A1. PHA~ T, INC. By: ~ ~ J. u£"CA...U..1 €.-'l£tJ. vl>. I (\4. PJ~cLNr'V;¡; (Specify Title) BY~~?~ V,P. By: c >- And: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. ~9~ City Comptroller 3 -¿ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS. That we Bond Number: q'Z.7'~ '7Ç?)" (. Northeast Asphalt. Inc. of W6380 Design Drive, Greenville, WI 54942 I hereinafter Continental Casualty Company, 13845 Bishops Dr., Ste. 100 referrB~ Jg~~ 1~1.å~nw~aI5~5ß 5 as Surety, are held and firmly bound unto of , hereinafter . r~ferred tQ asÒh.e Obligee, in the sum of Six hundred twenty-three thousand, three hundred s~xty-n~ne and 1 '/100 Dollars ($ 621,169.10 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. City of Oshkosh, Wisconsin WHEREAS, Principal has entered into a contract with Obligee, dated the 13th day of September 2005 ,fur Public Works Contract No. 05-13 for Asphalt Paving, Storm Sewer, Sanitary Sewer and Water Main for Various locations NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 13th day of September 2005 NORTHEAST ASPHALT, INC. ~pal) BY~ ~ < (f~) ~, M. '~túN. V."P. CONTINENTAL CASUA Y COMPANY '\J - ety) By (Seal) Attorney-in-Fact Form F4597 Attorney-in-Fact PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, That we Bond Number: 12.. <7"77 S-7)"" Northeast Asphalt, Inc. of W6380 Design Drive, Greenville, wI 54942 ,hereinafter referred to C!S the Princjpal, and Continental Casualty Company,13845 Bishops Dr., Ste. 1,00 ßrooktield, WI 53005 as Surety, are held and firmly bound unto Ci ty of Oshkosh, Wisconsin of , hereinafter referred to as the Obligee, in the sum of six hundred twenty-three thousand, three hundred sixty-nine and 107100 Dollars ($ 623.369.10 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 13th day of September 2005 ,for PlIhlir Workc:; C'.onrr::1rr No. 0')-11 for Asphalt Paving, Storm S€wer, Sanitary Sewer and Water Main for Various locations copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 13th .day of September 2005 B\t tJO (Seal) By \ .. teveW. Enge e, ttorney-in-Fact (Seal) Attorney-in-Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That.Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having theirprincipal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint . Roger G Ferris, Timothy J McKenna, P L Cormier, Jeffrey R Meising~r, Joyce Novak, Charlotte Turner, Kelly Cody, Individually, of Green Bay, Wisconsin . Steve W Engelke, Trudy A Duerr, Christopher H Kondrick, Individually, of Milwaukee, Wisconsin their trueahd lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalfbollds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney; 'pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards ofDires;tors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 2nd day of March, 2005. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Vice President State of Illinois, County of Cook, ss: On this 2nd day of March, 2005, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL I5LIZA PRICE' IfOTN1t1 P\I8UC, ITATE'" u.. 0Itf~_'_""'" GJ~ My Commission Expires September 17, 2005 Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is stilI in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is stilI in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this ( "J day of <)Cpr~.--U1 ,$t~ , 2.-å)r Form F6853-11/2001 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania a~ kis Assistant Secretary NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by anyone or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). " DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310