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Home My WebLink AboutPW CNT 07-08/Northeast Asphalt Inc >- . " CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 29th day of August, 2007, 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. 07-08 for asphalt paving and underground work for various locations, for the Public Works Department, pursuant to Resolution 07-230 adopted by the Common Council of the City of Oshkosh on the 28th day of August, 2007, 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 oJ: $259,262.89, 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 " i 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. (Seal of Contractor if a Corporation.) N/A CONTRACTOR NORTHEAST ASPHALT, INC. ~ By: q Chris J. Winiecki Agent (Specify Title) 'rr;;~Of: . '~to By: (Specify Title) --;t':~~(~~~ do.H~/& _8u)L~d (Wit ess) CITY OF OSHKOSH "A BY:~~ Richard A. Wollangk, City anager - -----") ;' A~ 1< I Pamela R. Ubrig, City CletK ~ I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. ?n 4J>.~1)a I~~ City Comptroller 3 ~, '0 i! PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that Northeast Asphal t, Inc. . - 20 Camelot Dr., Fond du Lac, WI , , Contractor, as principal, and Western Surety Company P.O. Box ')077, SiOllY F~l1Q ~n <;711~ssurety,areheldandfirmly . bound unto the CITY OF OSHKOSH. WISCONSIN. Owner, in the sum of 89/100 two hundred fif ty-nine thousand, two hundred sixty-two and, . (Dollars) ($ 259,262.89 ) 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 Northeast Asphal t. rnc. did, on the 29t.h day of Au ill!'; t. , 20 -D.1 by articles that date, ent~r into a Contract with the Qwnerfor the P.ub~~<::< Wades Contract No. 07-08 - Asnhalt Paving Finn Underground W~rk for various locations NOW, THEREFORE, if the said' Contractor shan 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' concfmons and stipulations therein contained. in all respects, and shalt save and hold harmless the said Owner from and against all liens and claims of every description in connection therewith, including payment for all materials. labor and equipment, then this obligation shall be void and of no effect. but otherwise, it shall remain in full force and virtue, and in the event that the said OWner shall extend the time for completion of the work or otherwise modify elements of the Contract in accordance with provisions thereof. suCh extensions of time or modifications of the Contract shall not in any way release the sureties of this bond. 1 q ~ q l{ J ~ <1 J 3 -( .. " " WITNESS OUR HANDS AND SEALS this 6 t ltfay of S e p t e m be r , 20~ In the Presence of: rkAl~ OJ'- f ~ NORTHEAST ASPHALT, INC. (SEAL) N/A (SEAL) N/A dCt ChrfJi~ipW:iniecki, Agent WESTERN SURETY COHPANY (SEAL) ~ A-P ~~ (SEAL) ;J su~ Trudy A. Duerr, Attorney-in-Fact 2 r Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Roger G. Ferris, Timothy J. McKenna, P. L. Cormier, Jeffrey R. Meisinger, Kelly Cody, Kent Arps, Troy Carlson, Roxanne Jensen, Individually, of Green Bay, Wisconsin Trudy A. Duerr, Christopher H. Kondrick, Brian Krause, Cheryl Siem, Individually, of Milwaukee, Wisconsin its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 14th day of November, 2006. #~ET~, ~+ ~""."'" ~ ~"1! !~./ o"......,C?'\ s~lo.? "'4~\~ ~:i(o; ~~~i ~,\':-..,sE: A"/~i ~.rOQ' ~~...~ ~~.ll~~# WESTERN SURETY COMPANY <<L~",~v;"P="'", State of South Dakota County of Minnehaha } ss On this 14th day of November, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2012 +~~~~~~~~~~~~~~~~~~~~~~~~+ ~ D. KRELL ~ s s ~~NOTARY PUBLIC~: s~SOUTH DAKOTA~s s s +~~~~~~~~~~~~~~~~~~~~~~~+ ~ ~P'b'" My commission expires CERTIFICATE I, 1. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation Pri0d on the reverse hereo . s still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this . day of , d(;() 7 . J'~-\ ~"~ET~" ;:.<fI.3............,....#c..,~ ~<i"., '. o~ f~/o~?0II4;,\~ ~:\<i \fti~j ~,\:,,sE: A"/~i ~.rn:,. ...........~ ~"~. r'tD"il<l~ ."'II"~- WESTERN SURETY COMPANY g ~.(~,~",,,my Aon Risk Services Inc. of Wisconsin P.O. Box 23004 111 N . Washington Street Green Bay, WI 54305-3004 800-437-0555 Insured Northeast Asphalt, Inc. P.O. Box 1632 Waukesha, WI 53187-1632 Attn: Cheryl Sinotte (920) 926-7101 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TillS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Producer Company A Travelers Indemnity Company Company B Travelers Property Casualty Co of America Company C Travelers Indemnity Company of Connecticut Company D Navi ators Insurance Com an 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 WlTIl RESPECT TO WlllCH 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. POLICY CO TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE LIMITS L TR MMJDD General Liability General A ate $2,000,000 A I2J Commercial General Liability VTC2K-CO-7211B454- 03/01/07 03/01108 Products-comp/op ag $2,000,000 IND-07 o Claims I2J Occur Personal & adv in' u $1,000,000 o Owner's & Cont Prot Each Occurrence $1,000,000 I2J Al!l!reeate Per Proiect Fire Damage(Any 1 Fire $300,000 0 Med Exp (Any I Person) $5,000 Automobile Liability B I2J Any Auto VTC2J-CAP-3510A222- 03/01/07 03/01/08 Combined Single Limit $2,000,000 T1L-07 o All Owned Autos $ o Scheduled Autos I2J Hired Autos $ I2J Non-Owned Autos 0_ $ 0 Garage Liability Auto Only -Ea Accident o Any Auto Other than Auto Only: 0 Each Accident 0 Aggregate Excess Liability Each Occurrence D I2J Umbrella Form CH07EXC131205NV 03/01/07 03/01/08 Aggregate o Other than Umbrella Form BC Workers Compensation and VTRJUB-697B998-07 I2J Statutory WI Limits Employers' Liability VTC2EUB-6698B018- 03/01107 03/01/08 Each Accident $500,000 07 Mi, IL The proprietorlPartners/ I2JIncl. Disease - Policy Limit $500,000 Executive Officers Are: OExc. Disease - Ea Em loyee $500,000 Other B Contractors Equipment QT6307369B939TIL07 03/01107 03/01/08 15,000,000 Blanket Limit Leased or Rented E ui ment $750,000 Limit Descriotion of OoerationslLocationsN ebicles/Soecial Items: Project: City of Oshkosh 2007 Asphalt and Underground Work, Contract #07-08, Oshkosh, WI CITY OF OSHKOSH 215 CHURCH STREET OSHKOSH, WI 54902-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Tl EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MA ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEI BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~