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Home My WebLink AboutPW CNT 09-18r S E P 3 0 2909 CONSTRUCTION CONTRACT t Q Y THIS AGREEMENT, made on the 9th day of September, 2009, by and between 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. 09 -18 for asphalt paving and underground work for various locations, for the Public Works Department, pursuant to Resolution 09 -352 adopted by the Common Council of the City of Oshkosh on the 8th day of September, 2009, 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 General Conditions and /or Contractor's proposal. ARTICLE 111. PAYMENT " (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $356,060.05, 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, payto 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 numberof l 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 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, attorneyfees 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. This Instrument 2. The City's Approved Plans .3. Specifications, including any addenda 4. General Conditions 5. Instructions to Bidders 6. Advertisement for Bids 7. 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. 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 2 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 NORTHEAST S HALT C. 17 LA=La0jLt , A�5 By: Qv i (Seal of Contractor (Specify Title) if a .Corporation.) By (Specify Title) CITY OF OSHKOSH By: .:�� w (,-- �k A. Rohloff, City Mana er And:L t; ' (W Hess) Pamela R. Ubrig, City CI k APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will --�w •� accr under this contract. rney City C&rdrffroller 3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Northeast Asphalt, Inc. W63 Design Dr., Greenville, WI 5494 Contractor, as principal, and Western Surety Company P.O. Box 5077, Sioux Falls, 6D 57117 as surety, are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of 'three hundred fifty -six thousand, sixty dollars and 05/100 (Dollars) h ($ _r - 356,060.05 ) to be paid to the Owner for which payment r 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 Asphalt I nc . did, on the 9th day of September , 20 o9 , by articles that date, enter into a Contract with the Owner for the Public Works Contract Na- 09-1R NOW, THEREFORE, if the said Contractor shall 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 conditions and stipulations therein contained, in all respects, and shall 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 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 Jeffrey R Meisinger, Kelly Cody, Kent Arps, Roxanne Jensen, Individually, of Green Bay, Wisconsin Trudy A Szalewski, Christopher H Kondrick, Brian Krause, Cheryl Siem, Individually, of Milwaukee, Wisconsin its true and lawful Attomey(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 of the 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 7th day of July, 2009. SacTr WESTERN SURETY COMPANY ? � M 2 1 CAV;P NTH °° Paul VrBruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 7th day of July, 2009, 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. My commission expires d X D. KRELL + November 30, 2012 i � NOTARY PUBLIC SEAL f f�SOUTH DAKOTAIR p }tiSi44hS4titititib4ti44tiShYSti /&ZA D. Krell, No ary Public CERTIFICATE I, L. 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 printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this W: 5� day of (:� 0:2t_ , h a 3- Aoa :7 - ETy WESTERN SURETY COMPANY W °P a 'ol a ► s�TN opK01Q'.� • L. Nelson, Assistant Secretary Form F4280 -09 -06 SEP-23-2009 14:15 P.02 CIERTIFICATk OF T! ST DATE: . 9 /23/2000 Producer TIJIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPONTHF CERTIFICATE. HOLDER. 'PHIS CERTIFICA'I'F. DOES NOT AMEND, EXTEND OR Aon Risk Services Inc. of Wisconsin ALTER THE COVERAGE AFFORDED BY TI-12 POLICIES BELOW. P.0, Box 23004 COMPANIES AFFORDING COVERAGE 111 N. Washington Street company Green Bay, WI 54305-3004 A Travelers Indemnity Company 800-437-0555 bisured Company Northeast Asphalt, Inc. B Travelers Property Casualty Co of America P-0. Box 1632 Canipany Waukesha, W1 53187-1632 C Travelers Indemnity Company of Connecticut Attn: Stephanie Michalkiewicz 920-757-7579 Company D Navieators Insurance ComDanv THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCY, usTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TITEPOLICY PERIOD INDICATFI), NOTWITHSTANDING ANY RFQUIRE-MEN'I' TFRM OR CONDITION OF ANY CONTRACT OR 0 DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BYTHE 1`011CIES DESCRI1114D HEREIN IS suaivurTO ALL T14F TF.RMS, F.XCI-U-qION% AND CY nr City of Oshkosh is all Additional Insured on the Commercial General Liability pulley per the 2 InsuredEndosoment NCGD246 08 OS for claims of bodily Injury or property damage, arising out or the negligent performance of work provided by tic Insured for the Certificate Holder on die project City of Oshkosh 0-18 —Asphalt Paving. CURT IFICAif 7,:.. . ... � I TION City of Oshkoslk PKI'MATION DATE nV.KJ-1'OF. THE ISSUING COMPANY WILL ENDBAVOILTO MALL PO Box L130 N DAYS WRITTEN W(M(VrO THE CERTMICATE. NOWAR NAMED TO THE IXFT, Oshkosh, W1 54902 BEJT PA11,I)KE TO MAIL SUCH NOTICE SHALL MOSS NO OPI -10ATION OR LIABILITY OF ANY K1ND UPON THE COMPANY. ITS AGENTS OK WFLESENTAMP.S. AUTHORIZED REPRESENTATIVE TOTAL P.02 POLICY GO TYPE Ole INSURANCE POLICY NUMBER POLICY EFFFCTIVE EXPIRATION DATE LIMITS LTR DATE (tAWQD/YY) 00A/DDNY) General Liability General AggLcgate $2,000,000 A 21 Commercial General Liability VTC2K-CO-721 1 13454- 03/01/09 03/01/10 Products-complop ag $2,000,000 IND-09 ❑ Claims 0 Occur Pem & adv injury $1,900,000 ❑ Owner's Cont Prot Each Occurrence $1.000,000 Aggregate Per Proicc Fire Damage(Any I FiTc) $300,000 ❑ Mcd Ex (Any I Person) $5,000 B Automobile Liability Any Auto Vl 03/01/09 03/0111.0 Combined Single I,hit $2 TI L.09 ❑ All Owned Autos Bodily Injury S ❑ Scheduled Autos Per Person) Hired Autos Bodily Injury Non-Owned Autos Per Acoidclit) ❑ Property Damage S 0 1 Garage Liability Auto Only -Ea Accident $ ❑ Any Auto Other than Auto Only Each Accident ❑ Aggregate $ Excess Liability Each Occurrence $5,000,000 D Umbrclla ronn CH09EXCI311205NV 03/01/09 03A)1.1.10 Aggregatc. $5 Othcr than Umbrella Form $ BC Workers Compensation and VTPLIUB-669713998-09 EJ statutory wl Limits Employe" Liability VTC2EUB-66"80118. 03/01/09 03101/10 Each Accident $500,000 09 ml, I]. The Proprictor/Partners/ 01nol, Disease - Policy Limit $500,000 Executive Officers Arc; ❑Exc. Disease - Ea Employeo 5500,000 • Contractors Equipment QT6307369B939TIL09 03/01/09 03/01/10 $15,000,000 Blanket Limit • Leased or Rented Equipment 4t 66 t $750,000 Limit Chubb Contractors Pollution Liability i 3731-2212 06/22/2007 06/22/2010 $5A00,000 Limit Description _d_0jperation Items NEA #705397 City of Oshkosh is all Additional Insured on the Commercial General Liability pulley per the 2 InsuredEndosoment NCGD246 08 OS for claims of bodily Injury or property damage, arising out or the negligent performance of work provided by tic Insured for the Certificate Holder on die project City of Oshkosh 0-18 —Asphalt Paving. CURT IFICAif 7,:.. . ... � I TION City of Oshkoslk PKI'MATION DATE nV.KJ-1'OF. THE ISSUING COMPANY WILL ENDBAVOILTO MALL PO Box L130 N DAYS WRITTEN W(M(VrO THE CERTMICATE. NOWAR NAMED TO THE IXFT, Oshkosh, W1 54902 BEJT PA11,I)KE TO MAIL SUCH NOTICE SHALL MOSS NO OPI -10ATION OR LIABILITY OF ANY K1ND UPON THE COMPANY. ITS AGENTS OK WFLESENTAMP.S. AUTHORIZED REPRESENTATIVE TOTAL P.02