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HomeMy WebLinkAboutPW CNT 11-13 Northeast Asphalt, Inc CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 14th day of July, 2011, 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, Wisconsin 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. 11-13 for Asphalt Paving and Utilities on High Avenue and appurtenant work, for the Public Works Department, pursuant to Resolution 11-309 adopted by the Common Council of the City of Oshkosh on the 13th day of July, 2011, all in accordance and in strict compliance with the City's requirements and Contractor's proposal and the other contract documents referred to in 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 $756,654.50, 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 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 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. 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: 1 . This Instrument 2. The City's Approved Plans 3. Specifications, including any addenda 4. City of Oshkosh Standard Specifications 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 2 - 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 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 NORTH T ASPHALT, INC.. t/Zigot'el Y• _41.6zry_T-6.d&=1, 1_ La..CCuN USac.1(.., (Seal of Contractor (Specify Title) face vt V'1c Pc- c(ec# if a Corporation.) Corporate Seat not By: `� ``�•���•� required pursuant to§ 180.0120 3(c) ilt.■■c‘ (. c\( (Specify Title) \I ce u. b4Le -)\- CITY OF OSHKOSH By: L „ '� ��C��-�.� � �2�' Ma k A. Rohloff, City Manager ( 1 fitness) � - And: b ' kl /'U'` ' + 'tness) Pamela R. Ubrig, City lerk APPROVED: I hereby certify that the necess- ary provisions have been made to \ # al 1 i pay the liability which will accrue "t 4 � ,. i ,;ri&Al 1 At y(!1--- under this contract. „ityAtorn"—" sz(7.,,,, City Co • roller 3 an C DATE ERTIFICATE OF LIABILITY INSURANCE 07/13/11/oolYYYY) 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 policy(ies) must 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). PRODUCER -CONTACT AON RISK SERVICES CENTRAL,INC. AON RISK SERVICES CENTRAL,INC. NAME: 111 N.WASHINGTON ST.,SUITE 300 malt.�):(920)431-7123 FAX No):(920)437-2401 P.O.BOX 23004 ADDRESS: AONGREENBAY@ARS.AON.COM GREEN BAY,WI 54301-3004 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: TRAVELERS INDEMNITY COMPANY INSURED NORTHEAST ASPHALT,INC. INSURER B: TRAVELERS PROPERTY CASUALTY CO.OF AM ATTN: Tina Krupka920-757-7579 INSURER C: TRAVELERS INDEMNITY COMPANY OF CONNE P.O.BOX 1632 INSURERD: NAVIGATORS INSURANCE COMPANY WAUKESHA,WI 53187 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE TO X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 A ,CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 X CONTRACTUAL LIABILITY VTC2K-CO-7211B454IND-11 3/1/2011 3/1/2012 PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS_-COMP/OP AGG $2,000,000 POLICY Z IM Q LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED VTC2J-CAP-3510A222-TIL-11 3/1/2011 3/1/2012 BODILY INJURY(Per accident) $ B AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $5,000,000 D EXCESS LIAB CLAIMS-MADE CH11 EXC131205IV 3/1/2011 3/1/2012 AGGREGATE $5,000,000 DED RETENTION$10,000 $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y!N TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N I A VTRJUB-66978998-11 3/1/2011 3/1/2012 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 0 es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 CONTRACTORS EQUIPMENT! BLANKET CONTRACTORS LIMIT $15,000,000 B QT6307369B939TIL 3/1/2011 3/1/2012 $750,000 LEASED OR RENTED LEASED/RENTED LIMB DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) C/O Oshkosh 11-13 High Avenue, NEA#705910 City of Oshkosh, and its officers, council members, agents,employees and authorized volunteers are Additional Insureds on the Commercial General Liability policy per the Travelers Additional Insured Endorsement#CG D2 46 08 05(and on the Auto Liability or Umbrella Excess Liability as required by contract)for bodily injury or property damage arising out of the negligent performance of work provided by the Insured under contract for the Certificate Holder.This does not apply to Workers Compensation Policies. CERTIFICATE HOLDER CANCELLATION City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P.O. Box 1130 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Oshkosh, WI 54902 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY • • • BLANKET•ADDITIONAL INSURE (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in'a "written contract requiring insurance" "property damage" caused by your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance"..specifically requires you property damage' "personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance • curs before the end of the period of time for of."your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or .ante" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that b) "other insurance". But the insurance provided to ) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other incur- i. The preparing, approving, or failing to ante". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- rence" or an offense Supervisory, inspection, architectural or ffense which may result in a engineering activities, claim. To the extent possible, such notice should include: CO D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" : any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we ii. The names and addresses o f any injured cover under this endorsement. However, this persons and witnesses;and condition does not affect whether the insur- ante provided to the additional insured by iii, The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence"or ante" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above., must: • 5. The following definition is added to SECTION V. i. . Immediately record the specifics of the DEFINITIONS: claim or"suit"and.the date received;and "Written contract requiring insurance"means ii. Notify us as soon as practicable. that part of any written contract or agreement under which you are required to include a The additional insured must see to it that we receive written notice of the claim or"suit" as person r• on organization as an .additional at sued on this Coverage Part, provided that Soon as practicable. the"bodily injury" and "property damage"oc- c) The additional insured must immediately curs and the"personal injury"is caused by an send us copies of all legal papers received in . offense committed: • connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- is in effect;and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 Bond No. 929531687 1 i f t PERFORMANCE BOND G:, KNOW ALL MEN BY THESE PRESENTS, that Northeast Asphalt, Inc. 1 f , Contractor, as principal, and Western Surety Company ,as surety, are held and firmly i bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of j Seven Hundred Fifty Six Thousand Six Hundred Fifty Four and 50/100 (Dollars) ($ 756,654.50 )to be paid to the Owner for which payment i well and truly to be made we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns firmly to these presents. , i THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that ' I` Northeast Asphalt, Inc. 1 1 WHEREAS, the said Principal did, on the 14th day of July , 20 11 , by articles that date, enter into a Contract with the Owner for the Asphalt Paving and Utilities on High Avenue, Oshkosh, Wisconsin. { 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 1 i I WITNESS OUR HANDS AND SEALS this 14tfday of July , 20 11 . In the Presence of: Corporate Seel not tequh ed pursuant to� 180.0120 3(c) Northeast Asphalt, Inc. NV i- -NLASS EAL) . rincipal evi Gannon,f ice President iQUA -11.411.1a Western Surety Company (SEAL) 1,N..) I 5.5 (SEAL) Surety Kelly Cody,Au .rney-in-Fact 2 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 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 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 8th day of April,2011. WESTERN SURETY COMPANY '• 0 Agj:?Le ?W• i4 �i=i �s Sf Ay:�v 'titenM� Paul .Bruflat,Senior Vice President State of South Dakota Jj ss County of Minnehaha On this 8th day of April,2011,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 +S D. KRELL s November 30,2012 r NOLI C ^ s i eit$SOUTH TARY DAKOTA PUB SEAL f ♦y5�yyyyww�4ay555s.y..�,4y+ ALA D.Krell,No y 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 ft/Nay of-TON ZD/ "E• y WESTERN SURETY COMPANY -'c tslyi Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.