HomeMy WebLinkAboutPW CNT 86-07 CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 7th day of March, 1986, by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as
the CITY, and NORTHEAST ASPHALT INC. of P.O. Box 1513 , Fond du Lac, WI
54935 , 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. 86-07 , for storm sewer and asphalt pavement for
parking lot (Ceape Ave. ) , pursuant to Resolution #8 adopted by the Common
Council of the City of Oshkosh on 6th day of March, 1986,
all in accordance and in strict compliance with the Contractor's
proposal and the other contract documens 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 $83.613.50 , 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
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a "Unit Price" basis, the above mentioned figure is an estimated
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.
(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 the
negligent digging up of streets, alleys or public grounds or which may
result from the faulty, carelessness or neglect of said Contractor,
his agents, employees or workmen in the performance of said work or
caused by the violation of any City ordinance, and shall refund to the
City all sums which it may be obliged or adjudged to pay on any such
claims or demands within a reasonable time after demand thereof.
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 enumer-
ated 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 "Con-
tractor" wherever used in this contract means the party of the second
part and its/his/their legal representatives, successors and assigns.
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IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused
this contract to be sealed with its corporate seal and to be sub-
scribed 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 ASPHALT INC.
Ln�i. �,Q.L .0 By: . \f � r,�77o / /(•t
UU Howard W. Miller
(Seal of Contractor President
if a Corporation ) (Specify Title)
By: f<- ,-mot/ -� r. .� d,-
(Specify Title) 1`
CITY OF OS KOSH
t
(W tnes ) Will 'am D. Frueh, Ci ' y Manager
,./1 / ,' ,/,;e And: ,` 22 1 / P''.1. � :1/
. (Wien ss) Donna C.Serwas, City Clerk
I certify, ,that` provisions have been
made to pay the liability that will
accrue to the City of Oshkosh under
the within contract.
t\s7
5
Edward A. Nokes, City Comptroller
Appro ed as • o '
Warren P. Kra -, Ass , City Attorney
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PART I. EQUAL EMPLOYMENT OPPORTUNITY
• A. Activities and Contracts Not Subject to Executive Order 11246,
as Amended
(Applicable to Federally assisted construction contracts and related
subcontracts $10,000 and under.)
During the performance of this contract, the contractor agrees as
follows:
•
(1) The Contractor shall not discriminate against any
employee or applicant for employment because of race,
color, religion, sex, or national origin. The Con-
tractor shall take affirmative action to ensure that
applicants for employment are employed, and that
employees are treated during employment, without
regard to their race, color, religion, sex, or
national origin. Such action shall include, but not
be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or
other forma of compensation; and selection for train-
ing, including apprenticeship.
(2) The Contractor shall post in conspicuous places,
available to employees and applicants for employ-
ment, notices to be provided by Contracting Officer
setting forth the provisions of this non-
discrimination clause. The Contractor shall state
that all qualified applicants will receive consideration
for employment without regard to race, color, religion,
sex, or national origin.
(3) Contractors shall incorporate foregoing requirements
in all subcontracts.
B. Equal Opportunity Clause
(Executive Order 11246, as amended, applicable to Federally assisted
construction contracts and related subcontracts $10,000 and above.)
During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any
employee or applicant for employment because of race,
color, religion, sex, or national origin. The con-
tractor will take affirmative action to ensure that
applicants are employed, and that employees are
treated during employment, without regard to their
race, color, religion, sex, or national origin. Such
action shall include, but not be limited to, the
following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising;
layoff or termination, rates of pay or other forms
of compensation; and selection for training,
including apprenticeship. The contractor agrees
to post in conspicuous places, available to employees
and applicants for employment, notices to be pro-
vided setting forth the provisions of this non-
discrimination clause.
(2) The contractor will, in all solicitations or adver-
tisements for employees placed by or on behalf of
the contractor, state that all qualified applicants
will receive consideration without regard to race,
color, religion, sex, or national origin.
(3) The contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other contract
or understanding, a notice to be provided by the
Contract Compliance Officer advising the said labor
union or workers' representatives of the contractor's
commitment under this section, and shall post copies
of the notice in conspicuous places available to
employees and applications for employment.
(4) The contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The contractor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965,
and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the Department
and the Secretary of Labor for purposes of investiga-
tion to ascertain compliance with such rules, regula-
tions, and others.
(6) In the event of the contractor's non-compliance with
the non-discrimination clauses of this contract or
with any of the said rules, regulations, or orders,
this contract may be cancelled, terminated, or sus-
pended in whole or in part and the contractor may be
declared ineligible for further Government contracts
in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, or by rule, regula-
tion, or order of the Secretary of Labor, or as other-
wise provided by law.
•
•
•
(7) The contractor will include the provisions of the
sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such pro-
visions will be binding upon each subcontractor or
vendor. The contractor will take such action with
respect to any subcontract or purchase order as the
Department may direct as a means of enforcing such
provisions, including sanctions for non-compliance.
Provided, however, that in the event a contractor
becomes involved in, or is threatened with, litiga-
tion with a subcontractor or vendor as a result of
such direction by the Department, the Contractor may
request the United States to enter into such litiga-
tion to protect the interest of the United States.
C. Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity (Executive Order 11246, as Amended)
1. The Offeror's or Bidder's attention is called to the "Equal
Opportunity Clause" and the "Standard Federal Equal Employ-
ment Opportunity Construction Contract Specifications" sec
forth herein.
2. The goals for minority and female participation, expressed in
percentage terms for the Contractor's aggregate workforce in
each trade on all construction work in the covered area, are
as follows:
FEDERAL REGISTER - PUBLISHED SEPTEMBER 7, 1979 _
Goals for Minority Participation in Each Trade - .97.
Goals for Female Participation in Each Trade - 6.97.
These goals are applicable to all the Contractor's construction
work (whether or not it is Federal or Federally assisted) per-
formed in the covered area.
The Contractor's compliance with the Executive Order and the regu-
lations in 41 CFR Part 60-4 shall be based on its implementation
of the Equal Opportunity Clause, specific affirmative action ob-
ligations required by the specifications set forth in 41 CFR
60-4.3(a), and its efforts to meet the goals established for the
geographical area where the contract resulting from this solici-
tation is to be performed. The hours of minority and female
employment and training must be substantially uniform throughout
the length of the contract, and in each trade, and the Contractor
shall make a good faith effort to employ minorities and women
evenly on each of its projects. The transfer of minority or
female employees or trainees from Contractor to Contractor or
from project to project for the sole purpose of meeting the
Contractor's goals shall be a violation of the contract, the
Executive Order and the regulations in 41 CFR Part 60-4. Com-
pliance with the goals will be measured against the total work
hours performed.
3. The Contractor shall provide written notification to the Director
of the Office of Federal Contract Compliance Programs within
ten (10) working days of award of any construction subcontract
in excess of $10,00 at any tier for construction work under the
contract resulting from this solicitation. The notification
shall list the name, address, and telephone number of the sub-
contractor; employer identification number; estimated dollar
amount of the subcontract; estimated starting and completion
dates of the subcontract; and the geographical area in which the
contract is to be performed.
4. As used in this Notice, and in the contract resulting from
this solicitation, the "covered area" is the Appleton-Oshkosh
SMSA (including Winnebago and Outagamie Counties) .
D. Standard Federal Equal Employment Opportunity Construction
Contract Specifications (Executive Order 11246)
1. As used in these specifications:
(a) "Covered area" means the geographical area described
• in the solicitation from which this contract resulted;
(b) "Director" means Director, Office of Federal Contract
Compliance Programs, United States Department of
Labor, or any person to whom the Director delegates
authority;
(c) "Employer identification number" means the Federal
Social Security number used on the Employer's Quarterly
-- ------ Federal Tax Return, U.S. Treasury Department Form 941.
(d) "Minority" includes:
(1) Black (all persons having origins in any of
the Black African racial groups not of
Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American, or other
Spanish Culture or origin, regardless of race) ;
(3) Asian and Pacific Islander (all persons having
origins in any of the original peoples of Far
East, Southeast Asia, the Indian Subcontinent,
or the Pacific Islands) ; and
(4) American Indian or Alaskan Native (all persons
having origins in any of the original peoples
of North America and maintaining identifiable
tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier,
subcontracts a portion of the work involving any construction
trade, it shall physically include in each subcontract in
excess of $10,000, the provisions of these specifications and
the Notice which contains the applicable goals for minority
and female participation and which is set forth in the solici-
tations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5)
in the covered area either individually or through an associa-
tion, its affirmative action obligations on all work in the
Plan area (including goals and timetables) shall be in accor-
dance with that Plan for those trades which have unions parti-
cipating in the Plan. Contractors must be able to demonstrate
their participation in and compliance with the provisions of
any such Hometown Plan. Each Contractor or Subcontractor
participating in an approved Plan is individually required to
comply with its obligations under the EEO clause, and to make
a good faith effort to achieve each goal under the Plan in
each trade in which it has employees. The overall good faith
performance by other contractors or Subcontractors toward a
goal in an approved Plan does not excuse any covered Contractor's
• or Subcontractor's failure to take good faith efforts to achieve
the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action
standards provided in paragraphs 7(a) through (p) of these
specifications. The goals set forth in the solicitation from
which this contract resulted are expressed as percentages of
the total hours-of employment and training of minority and female
utilization the Contractor should reasonably be able to achieve
in each construction trade in which it has employees in the
covered area. The Contractor is expected to make substantially
uniform progress toward its goals in each craft during •the
period specified.
5. Neither the provisions of any collective bargaining agreement,
nor the failure by a union with whom the Contractor has a
collective bargaining agreement, to refer either minorities or
women shall excuse the Contractor's obligations under these
specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
6. In order for the -non-working training hours of apprentices and
trainees to be counted in meeting the goals, such apprentices
and trainees must be/employed by the Contractor during the
training period, and the Contractor must have made a commitment
to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities.
Trainees must be trained pursuant to training programs approved
by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure
equal employment opportunity. The evaluation of the Contractor's
compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The Con-
tractor shall document these efforts fully, and shall implement
affirmative action steps at least as extensive as the following:
(a) Ensure and maintain a working environment free of
harassment, intimidation, and coercion at all sites,
and in all facilities at which the Contractor' s
employees are assigned to work. The Contractor,
where possible, will assign two or more women to
each construction project. The Contractor shall
specifically ensure that all foreman, superinten-
dents, and other on-site supervisory personnel
•
•
are aware of and carry out the Contractor's
obligation to maintain such a working environment,
with specific attention to minority or female
individuals working at such sites or in such
facilities.
(b) Establish and maintain a current list of minority
and female recruitment sources, provide written
notification to minority and female recruitment
sources and to community organizations when the
Contractor or its unions have employment oppor-
tunities available, and maintain a record of the
organizations' responses.
(c) Maintain a current file of the names, addresses
and telephone numbers of each minority and female
off-the-street applicant and minority or female
referred from a union, a recruitment source or
community organization and of what action was taken
with respect to each such individual. If such
individual was sent to the union hiring hall for
referral and was not referred back to the Contrac-
tor by the union, or if referred, not employed by
the Contractor, this shall be documented in the file
with the reason therefor, along- with whatever addi-
tional actions the Contractor may have taken.
(d) Provide immediate written notification to the
Director when the union or unions with which the
Contractor has a collective bargaining agreement
has not referred to the Contractor a minority per-
son or woman sent by the Contractor, or when the
Contractor has other information that the union
referral process has impeded the Contractor's
efforts to meet its obligations.
(e) Develop on-the-job training opportunities and/or
participate in training programs for the area which
expressly include minorities and women, including
upgrading programs and apprenticeship and trainee
programs relevant to the Contractor's employment
needs-, especially those programs funded or approved
by the Department of Labor. The Contractor shall
provide notice of these programs to the sources
compiled under 7(b) above.
(f) Disseminate the Contractor's EEO policy by providing
notice of the policy to unions and training programs
and requesting their cooperation in assisting the
Contractor in meeting its EEO obligations; by including
it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper,
annual report, etc.; by specific review of the policy
with all management personnel and with all minority
and female employees at least once a year; and by
posting the company EEO policy on bulletin boards
accessible to all employees at each location where
construction work is performed.
(g) Review, at least annually, the company's EEO policy
and affirmative action obligations under these
specifications with all employees having any respon-
sibility for hiring, assignment, layoff, termination,
or other employment decisions including specific
review of these items with on-site supervisory per-
sonnel such as Superintendents, General Foremen, etc.,
prior to the initiation of construction work at any
job site. A written record shall be made and main-
tained identifying the time and place for these
meetings, persons attending, subject matter discussed,
and disposition of the subject matter.
(h) Disseminate the Contractor's EEO policy externally
by including it in any advertising in the news media,
specifically including minority and female news
media, and providing written notification to and
discussing the Contractor's EEO policy with other
Contractors and Subcontractors with whom the Contrac-
tor does or anticipates doing business.
(i) Direct its recruitment efforts, both oral and writ-
ten, to minority, female and community organizations,
to schools with minority and female students and to
minority and female recruitment and training organiza-
tions serving the-Contractor's recruitment area and
employment needs. Not later than one (1) month prior
to the date for the acceptance of applications for
apprenticeship or other training by any recruitment
source, the Contractor shall send written notification
to organizations such as the above, describing the
openings, screening procedures, and tests to be used
in the selection process.
(j) Encourage present minority and female employees to
recruit other minority persons and women, and, where
reasonable, provide after school, summer and vaca-
tion employment to minority and female youth both on
the site and in other areas of a Contractor's workforce.
(k) Validate all tests and other selection requirements
where there is an obligation to do so under 41 CFR
Part 60-3.
(1) Conduct, at least annually, an inventory and evaluation
at least of all minority and female personnel for pro-
motional opportunities and encourage these employees
to seek or to prepare for, through appropriate traaning,
etc. , such opportunities.
(m) Ensure that seniority practices, job classifica-
tions, work assignemnts and other personnel prac-
tices, do not have a discriminatory effect by
continually monitoring all personnel and employment
related activities to ensure that the EEO policy
and the Contractor's obligations under these specifi-
cations are being carried out.
(n) Ensure that all facilities and company activities
are non-segregated except that separate or single-
user toilet and necessary changing facilities shall
be provided to assure privacy between the sexes.
(o) Document and maintain a record of all solicitations
of offers for subcontracts from minority and female
construction contractors and suppliers, including
circulation of solicitations to minority and female
contractor associations and other business associa-
tions.
(p) Conduct a review, at least annually, of all super-
visor's adherence to and performance under the Con-
tractor's EEO policies and affirmative action obliga-
tions.
8. Contractors are encouraged to participate in voluntary associations
which assist in fulfilling one or more of their affirmative action
obligations (7(a) through (p)). The efforts of a contractor asso-
ciation, joint contractor-union, contractor-community, or other
similar group of which the contractor is a member and participant,
may be asserted as fulfilling any one or more of its obligations
under 7(a) through (p) of these Specifications provided that
the contractor actively participates in the group, makes every
effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that
the concrete benefits of the program are reflected in the
Contractor's minority and female workforce participation, makes
a good faith effort to meet its individual goals and timetables,
and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the Contractor. The
obligation to comply, however, is the Contractor's and failure
of such a group to fulfill an obligation shall not be a defense
for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women
have been established. The Contractor, however, is required to
provide equal employment opportunity and to take affirmative ac-
tion for all minority groups, both male and female, and all
women, both minority and non-minority. Consequently, the Con-
tractor may be in violation of the Executive Order if a particu-
lar group is employed in a substantially disparate manner (for
example, even though the Contractor has achieved its goals for
women generally, the Contractor may be in violation of the Execu-
tive Order if a specific minority group of women is underutilized) .
10. The Contractor shall not use the goals and timetables or
affirmative action standards to discriminate against any per-
son because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any
person or firm debarred from Government contracts pursuant to
Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties
for violation of these specifications and of the Equal Oppor-
tunity Clause, including suspension, termination and cancella-
tion of existing subcontracts as may be imposed or ordered
pursuant to Executive Order 11246, as amended, and its implement-
ing regulations, by the Office of Federal Contract Compliance
Programs. Any Contractor who fails to carry out such sanctions
and penalties shall be in violation of these specifications and
Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these speci-
fications, shall implement specific affirmative action steps,
at least as extensive as those standards predescribed in paragraph
7 of these specifications, so as to achieve maximum results from
its efforts to ensure equal employment opportunity. If the Con-
- tractor fails to comply with the requirements of the Executive
Order, the implementing regulations, or these specifications,
the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor
all employment related activity to ensure that the company EEO
policy is being carried_out, to submit reports relating to the
provisions hereof as may be required by the Government, and to
keep records. Records shall at least include for each employee
the name, address, telephone number, construction trade, union
affiliation if any, employee identification number when assigned,
social security number, race, sex, status (e.g. mechanic, appren-
tice, trainee, helper, or laborer) , dates of changes in status,
hours worked per week in the indicated trade, race of pay, and
locations at which the work was performed. Records shall be main-
tained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement,
contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a Limitation upon
the application of other laws which establish different standards
of compliance or upon the application or requirements for the
hiring of local or other area residents (e.g. those under the
Public Works Employment Act of 1977 and .the Community Development
Block Grant Program).
E. Section 3 Clause
All contractors will be required to comply with Section 3 of the
Housing and Urban Development Act of 1968, as amended. Section 3
requires that to the greatest extent feasible, opportunities for
training and employment be given lower income residents of the project
area and contracts for work in connection with the project be awarded
to business concerns which are located in or owned in substantial
part by persons residing in the area of the project. Contractors may
be required to submit evidence documenting their compliance.
•
Federal Labor Standards Provisions a Ibbsa Deveropment ki^
1r
Appacabiaty
The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions.including the views of all
contract pertains is being assisted by the United Slates of America and the interested parties and the recommendadon of HUD or its designee.to the
following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator.or an authorized repre-
puntuent to the provisions applicable to such Federal assistance. sentadve,will Issue a determination within 30 days of receipt and so advise
A.1.(I)Minimum Wages.AN laborers and mechanics employed or work- HUD or its designs.or will notify HUD or its designee within the 30-day
ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man-
1937 or under the Housing Act of 1949 in the construction or development agenent and Budget under OMB Control Number 1215-0140.)
of the project),will be paid unconditionally and not Less often than once a (d)The wage rate(including fringe benetlts where appropriate)
week and without subsequent deduction or rebate On any account(except determined pursuant to subparagraphs ma or(C)of this paragraph.shall
such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the dassileation under this con-
Secretery of Labor under the Copeland Act(29 CFR Part 3).the full amount tract from the first day on which work is performed in the classification.
of wages and bone fide fringe benefits(or cash equivalents thereon due at (M)Whenever the minimum wage rate prescribed in the contract for a
time of payment computed at rates not lees than those contained in the loss of laborers or mechanics includes a fringe benefit which is not
wage determination of the Secretory of Labor which is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as
made a part hereof.regardless of any cants*ural relationship which may stated in the wage determination or shall pay another bane fide fringe
be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof.
mechanics.Contributions made or costs reasonably anticipated for bona (iv)It the contractor does not make payments to a trustee or other third
fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf person,the contractor may consider as part of the wages of any laborer cr
of laborers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing
mechanics,subject to the provisions of 29 CFR 5(a)(1)(iv)also.regular bona fide fringe benefits under a plan or program.Provided.That the
contributions made or costs incurred for more than a weekly period(but Secretary of Labor has found.upon the written request of the contractor.
not less often than quarterly)under piens funds.or programs,which cover that the applicable standards of the Davis-Bacon Act have been met The
the particular weeidy period,are deemed to be cotsauetivety made or Secretary of Labor may require the contactor to set aside in a separate
incurred during such weekly period account assets for the meeting of obligations under the piton or program.
Such laborers and mechanics shed be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control
and fringe benefits on the wage determination for the classification of work Number 1215-0140.
actually performed without regard to skill,except as provided In 29 CFR 2.WMtitolding.HUD or its designee shall upon its own action or upon
Part 5.5(a)(4).Laborers or mectarriw performing work in more than one written request of an authorized representative of the Department of Labor
classification may be compensated at the rate specified for each clasai lea withhold or cause to be withheld from the contractor under tills contract or
don for the time actually worked therein Provided.That the employees pay- any other Federal contract with the same prime contactor.or any other
roil records accurately set forth the time spent in each classification in Federally-assisted contract subject to Davis-Bacon prevailing wage
which work is performed.The wage denomination(including any additlonsi requirements.which is held by the same prime contractor so much of the
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)Oi)and accrued payments or advances as may be considered necessary to pay
the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics.including apprentices,trainees and helpers
tractor and its subcontractors at the site of the work In a prominent and employed by the contractor or any subcontractor the full amount of wages
accessible place where it can be easily seen by the worker& required by the contract In the event of failure to pay any laborer or
(N)(a)Any class of laborers or mechanics which is not listed in the mechanic,including any apprentice.trainee or helper.employed or working
wage detemdnaton and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or
be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the
approve an additional classification and wage rate and fringe benefits project),all or part of the wages required by the contract HUO or its desig-
therefore only when the following criteria have been met nee may,after written notice to the contractor.sponsor.applicant,or owner.
(1)The work to be performed by the classification requested is not tab such action as may be necessary to cause the suspension of any
performed by a classification in the wage daterminat ors and further payment advance.or guarantee of funds until such violations have
(2)The classification is utilized in the area by the construction ceased.HUD or its designee may.alter written notice to the contractor.dis-
iY.and ixrse such amounts withheld for and on account of the contractor or sub-
(3)The proposed wage rate,including any bona fide fringe bane- contactor to the respective employees to whom they are due.The Comp-
ino,bears a reasonable relationship to the wage rates contained in to troller General shall make such disbursements in the case of direct
wage determination. Davis-Bacon Act contacts.
(b)If the contactor and the laborers and mechanics to be employed 3.(I)Payrolls and basic records.Payrolls and basic records relating
in the classification(it known),or their representatives.and HUO or its thereto shall be maintained by the contractor during the course of the work
designee agree on the classification and wage rate(Including the amount preserved for a period of three years thereafter for all laborers and
designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United Slates
token shad be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949.in the construction
and Hour Division,Employment Standards Administration,U.S.Department or development of the project).Such records shall contain the name.
of Labor.Washington.D.C.20210.The Administrator.or an authorized address.and social security number of each such worker.his or her car-
represe nte0ve,wilt approve.modify.or disapprove every additional classifi- rect claaaricabon.hourly rates of wages paid(including rates of contibu-
caton action within 30 days of receipt and so advise HUD or its designee dons or costs anticipated for bona fide fringe benefits or cash equivalents
or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(B)of the Oavis-b.?.COn Act).
time is necessary.(Approved by the Office of Management and Budget daily and weeidy number of hours worked.deductions made and actual
under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5
(c)In the event the contractor.the laborers or mechanics to be (ax1 Xlv)that the wages of any laborer or mechanic inducts the amount of
employed in the classification or their representatives.and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro-
designee do not agree on the proposed ciassificatOn and wage rate gram described in Section 1(b)(2)(B)of the Davis-Bacon Act the contractor
(including the amount designated for fringe benefits,where appropriate), shad maintain records which show that the commitment to provide such
Previous Edition is Obsolete HUO-4010(2-841
(HE 1344.1)
•
•
benefits is enforceable.that the plan or program is financially resecnsibla apprentice.The allowable ratio of apprentices to joum.ymen on the jab site
and that the plan or program has been camnsunicased in writing to the in any craft classification snail not be greater than the ratio permuted to the
laborers or mechanics*Netted.and records which show to coats antici- contractor as to the anus work fora under the registered program.My
pared or the atrial Coat incurred in providing seen benefits.Contractors worker limed on a payroll at an apprentice wage rate.who is not registered
employing apprentices or trainees under approved programs shall maintain or otherwise employed as staved above.shalt be Paid not less man the
written evidence of the regiatran n of apmemiceshin programs and cu ll- applicable wage rate on the wage determination for the dasailication of
ii maim of tame programs.the registration of the apprentices and trainees. work actually performed In addition.any apprentice performing work on
I and the ratios and wage raise prescribed in the applicable programs the job site in excess of the ratio permitted under the registered program
(Approved by the Office of Management and Budget under OMB Control shall be paid not leas than the applicable wage rata on the wage detumi-
i Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing
(R)(a)The contractor shall submit we fax each week in which arty action on a project in a locality other than that in which its program is
! weary contract work is mammal a Copy of ail payrolls to MO or its designee if regiaeeed.the ratios and wage rates(expressed in percentages of the jour-
the agency is a forty to the contract,but it the agency is not such a ply. neymares hourly rata)speeded in the conescor's or subs regis-
the contractor will submit Me Payrolls to the applicant sponsor.or owner. tared program shell be observed.Every apPrencba must be Paid at not
as the case may be.for transmission to MUO or its designee.The payrolls less than the rate species in the registered program for the apprentices
submitted shay set out amnia*and co mpiet iy all ot the information level of progress.expressed as a percentage of the journeyman hourly rate
required to be maintained under 29 CFR Part 5.5(a)(3)(i).This information specified in the applicable wage determination.Apprentices shall be Paid
may be sut>mosd in any form desired Optional Form WH-347 is available fringe benefits in accordance with tme provisions of me apprernateehiP
for this purpose and may be puctased from time Superintendent of Oocu- program.if tit apnrenticashi0 program does not specify hinge benefits.
merits(Federal Slpdt Number 029-005.00014-1).U.S.Government Printing apprentices must be paid tine lull amount of fringe benefits listed on tit
Office.Washington.OC.20402 The prime cooeacA r is responsible for the wage determination for the applicable Ilcati oe.N the Administrator
submission of copies at payrolls by MI subcontractors(Approved by the determines that a different practice prevails for die applicable apprentice
• Office of Management and Eudger under OMB Contra*Number classification.fringes shall be paid in accordance with that determination.In
1215-0149) the event tie Bureau of Apprenticeship and Training.or a State Appren-
(b)Each payroll submitted shad be accompanied by a-Statement of noeship Agency recognized by the Burueu.withdraws Wrong of an •
Compliance signed by the contractor or subcontractor or his or her agent apprenticeship program.the contractor will no longer be permimed to utilize
who pays or supervises the paw of the persons employed under the apprentices at less than the applicable predetermined rate for the work
contract and shall certify the following: performed until an acceptable program is approved.
(1)That the payroll for tie payroll period Wens die informidon (I)Trainees.Except as provided in 29 CFR 5.16.trainees will not be
required to be maireaired under 29 CFR Part SS(a)(3)(1)and that such permitted to work at lees than the predetermined rate for the work per-
information is correct and corn** Mimed unions Ivey are employed pursuant to and individually registered in
(2)That each laborer or mechanic(including each helper. a program which has received prior approval.evidenced by formal cartiil-
apprentica and trainee)employed on the contract during the payroll period cation W tie U.S.Department of labor.Employment and Training Admini-
has been paid Me full weakly wages earned without rebate.either directly sttaron.The ratio of trainees to journeymen on the jab sift shall not be
or indirecty.and Met no deductions have been made sitar drecdy or indi- greater Man permitted under the plan approved by the Employment and
reedy from the lull wiles eenned other then pensionable deductions as set Training Administration.Every trainee must be paid at not Was than he rate
forth in 29 CAR Part 2 specified in die approved program tor the trainee's level of progress.
(3)That each laborer or machenic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the
applicable wage raga and fringe bowel or cash equivalents for the ctas. applicable wage determination.Trainees shall be paid fringe benefits in
Scanlon of work Perlomned.as specified in the applicable wage determine.. acoordance with die provisions of the trainee program.If the trainee Pro-
ton incorporated into the contract gram does not mention fringe benefits.trainees*hail be paid the Mil
• (e)The weekly submission of a property executed certification set amount of fringe benefits listed on the wage determination unless the
forth on the reverse side of Optional Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines mat there is an
requirement for submission of the-Statement of Compliance'required try apprenticeship Program aesociat ti with the corresponding journeyman
paragreon A.3411/0b)of tale section. wage rate on the wage deft ninadon which provides for less tan full
on The falsification of any of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a
contractor or subconiaeaor to civil or criminal prosecution under Section trainee rate who is not registered and participating in a training plan
1001 of The 15 and Section 231 of Tide 31 ct the United States Coda approved by the Employment and Training Administration shall be paid not
(fl)The convector or subcontractor shall make the records required leas man the applicable wage rate an the wage determination for the wolf(
under paragraph Al(1)of ads section available for inspection.copying.or aeon*Performed.In addition.any Valium peslomning wok on me job site
denscripoon by authorized representatives of MO or its designee or the in excess of the ratio per miSed under the registered program shad be paid
Oepartrment of Labor.and shall permit such representsuves to interview not less than the applicable wage rata on the wage determination for the
employees during working hours on the job.t the contractor or subcon- work actually performed.In ate event me Employment and Training Admm-
tractr fails to submit me required records or to make ties available.MUD iscanon withdraws approval of a training program.the contractor will no
or its designee may.after written notice to the contractor.sponsor.=PS- longer be perrmiced to utilize trainees at less than the applicable predator-
cant.or owner.take such action as may be necessary to cause the sus- mined rate for the work performed until an acceptable program is
pension of any fuhher payment.advance,or guarantee of funds Further- approved. The utilization of appuentit:es.
MOM.failure to submit the required records upon request or to make such (B)Equal employment opportunity.
records available may be grounds for debarment action pursuant to 29 trainees and journeymen under this part shall be in conformity with the
CFR equal employment opportunity requirements of Executive Order 11246.as
4.(I)Apprentices prentces and Trainees.Apprentices.Apprentices will be per- amended.and 29 CFR Part 30.
mitred to work at less than the predetermined rate for the work they per- 5.Compliance with Copeland Act requirements.The contractor shall
formed when they are employed pursuant to and individually registered in a comply with the requirements of 29 CFR Part 3 which are incorporated by
bona fide anorenticaship program registered with the U.S.Department of reference in this convect
Labor.Employment and Training Administration.Bureau of Apprenticeship IL Subcontracts.The contractor or subcontractor will insert in any sub-
and Training,or with a State Apprenticeship Agency recognized by the amts me clauses contained in 29 CFR 5.S(a)(1)through(10)and such
Bureau.or if a person is employed in his or her first 90 days of probationary other clauses as MUD or its designee may by appropriate instructions
employment as an apprentice in such art apprenticeship program.who is rewire.and also a clause requiring the subcontractors to include Mese
not tnoividuaily registered in time program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor snail be
Bureau of Apprenticetnio and Training or a State Apprentices:to Agency responsible for Me compliance by any suocontracor or tower ter suOcon-
(wnere apprconatet to be erigibie for;.robationary employment as an tractor with ail me contract causes in 29 CFR Part 5.5.
HUD-4010(2.841
•
7.Contract*teramiration:debarment.A breach of the contract Causes in pensafion at a rate not less than one and one-half times the basic rate of
29 CFR 5.5 may be grounds for termination of the con tract.and for debar- Pay for all hours worked in excess of eight hours in ally calendar day or in
meat as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek whichever is greeter.
9.Compliance with Davis-lacon and Related Act Requirements.All rut- (2)Waledorq liability for unpaid wages liquidated damages.In the
ings and interpretations of the Davie-Becon and Related Acts Wined in want of any violation of the clause set forth in subparagraph(1)of this
29 CFR Parts t.3,and S are herein incorporated by reference in this paragraph.the contractor and any subcontractor responsible therefor shall
contract be liable for the unpaid wages.In addition.such contractor and subcon-
9.piegpes aarmcerning labor standards Disputes arising out at the labor tractor shall be liable to the United States(in the case of work done under
standards provisions of this contract shall not be subject to rite general contract for the District of Columbia or a territory,to such District or to such
disputes Cruse of this donaacs.Such disputes shell be resolved in accor- territory),for liquidated damages.Such liquidated damages shall be cbm-
dance with the procedures of the Department of Labor set forth in 29 CFR hutted with respect to each individual laborer or mechanic.including
Parts S.5.and 7.Disputes within the meaning of this clause include die- watchmen and guards.employed in violation of the clause set forth in sub-
pules between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph.in the sum of 510 for each calendar day on
designee.the U.S.Department of labor.or the employees or their which such individual was required or permitted to work in excess of eight
hours or in excess of the standard workweek of forty hours without pay-
10.0)Cert/a0on at Eligibility.By entering into this contract.tie con- merit of the overtime wages required by the clause set forth in subpara-
tractor certifies that neither it(nor he or she)nor any person or Arm who graph(1)of this paragraph.
has an interest in the conbactoes firm is a person or firm ineligible to be (3)With holding far unpaid wages and liquidated damages.HUD or its
awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an autho-
Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or partld- rizsd representative of the Department of Labor withhold or cause to be
pate in HUD programs pursuant to 24 CFR Pies 24. withheld.from any moneys payable on account of work performed by the
(Y)No pert of this contract alma be subcontracted to any Person or Arm contractor or subcontractor under any such contract or any other Federal
ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract or any otter Federally-assisted con-
the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act which
or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined to
(ii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor
Criminal Code.1S U.S.C.1001.Additionally.U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set
1010,'Meta.U.S.C."Federal Housing Administration transect[ons".pro- forth in subparagraph(2)of this paragraph.
vides in part'Whoever,for the purpose of.. influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any
action of such Administration. . . makes.utters or publishes any statement. subcontracts the clauses set forth in subparagraph(1)through(4)of this
knowing the same to be false. . . shall be fined not more than$5.000 or paragraph and also a clause requiring the subcontractors to include these
imprisoned not more than two years.or both." clauses in any lower tier subcontracts.The prime contractor shall be
11.Complaints,Preceedbga.or TMfinony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier subcomrec-
mechanic to whom tie wage.salary,or other labor standards provisions of tar wdh the clauses set forth in subparagraphs(1)through(4)of this
this Contract are applicable shall be discharged or in any other manner paragraph.
discriminated against by the Contractor or any subcontractor because such C.Hearth and Safety
employee has flied any complaint or instituted or caused to be instituted (1)Na laborer or mechanic shall be required to work in surroundings
any proceeding or has testified or is about to testify in any proceeding or under woddng conditions which are unsanitary,hazardous.or danger.
under or relating to the labor standards applicable under this Contract to cue to his health and safety as determined under construction safety and
his empioyer. health standards promulgated by the Secretary of Labor by regulation.
B Contract Work Hours and Safety Standards Aa.As used in this pars- (2)The Contractor shall comply with all regulations issued by the
graph,the terms"laborers"and"mechanics"include watchmen and Seeretery of Labor pursuant to The 29 Part 1925(formerly part 1518)and
guards. failure to comply may result in imposition of sanctions pursuant to the Con-
(1)Overtime requirements.No contractor or subcontractor contracting tract Wok Haute and Safety Standards Act(Public Law 91-54,83 Stat 95).
for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Article in every
ment of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor.
mechanic in any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any subcontract as
to work in excess of eight hours in any calendar day or in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor
hours in such workweek unless such laborer or mechanic receives corn- shall direct as a means of enforcing such provisions.
HUD-4010(2-84)
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nail! ST. PAUL FIRE AND MARI EI SURANCE COMPANY CERTIFICATE OF
Propetty&Uablily 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO.
Ir surwce
For verification of the authenticity of this Power of Attorney,you may telephone toll free 800-328-2189 and ask for C '1)® 1 0
the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s). " 0"
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
1 (Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,a corporation organized and existing under the laws of the
State of Minnesota,having its principal office in the City of St.Paul,Minnesota,does hereby constitute and appoint:
C. Wade Johnson , John A. Haas , Richard R. Allsop,
Cindy J. DeLany, Gregg L. Hanson, Ann L. Akin,
individually, Brookfield, Wisconsin
its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or
otherwise,
UNLIMITED AS TO CHARACTER AND AMOUNT
and the execution of all such instrument(s)in pursuance of these presents,shall be as binding upon said St.Paul Fire and Marine Insurance Company,as fully
and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C),of the By-Laws
adopted by the Board of Directors of ST.PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January,1970,
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President,Assistant Vice President,Secretary or Resident Secretary shall have power and authority
(1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and
(2) To appoint special Attorneys-in-fact,who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
section and/or any of the By-Laws of the Company,and
(3) To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May, 1959,of which the following is a true excerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
v`RE��� jr4/# IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer,this 1st day of March,A.D. 1984.
04
� ST.PAUL FIRE AND MARINE INSURANCE COMPANY
(l m STATE OF MINNESOTA}
r c J SS.
��, = County of Ramsey
AN `� Vice President
uinnnmttt�C∎-\v•
On this 3 0th day of September , 19 8 5 ,before me came the individual who executed the preceding instrument,to me
personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance
Company;that the seal affixed to said instrument is the Corporate Seal of Said Company;that the said Corporate Seal and his/her signature were duly affixed
.by order of the Board of Directors of said Company.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the city of St.Paul,Minnesota,the day
�PS,IAL J . and year first above written.
t �•
rC01.10 MARY C.CLANCY,Notary Public,Ramsey County,MN
ekt-
My Commission Expires November 1, 1990
CERTIFICATION
I,the undersigned officer of St.Paul Fire and Marine Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney
and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGNALS ON FILE IN THE
HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of
Attorney has not been revoked and is now in full force and effect.
.c1PE4,
c� - ? IN TESTIMONY WHEREOF,I have hereunto set my hand this
t i;;
aq 4 t.`� 26th day of March 19 86 Secretary
Only a certified copy of Power of Attorney bearing the Certificate of Authority No.printed in red on the upper right corner is binding. Photocopies,carbon
copies or other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
29550 Rev.3-84 Printed in U.S.A
StbuI
Property&Liabl0y
Insurance ST. PAUL FIRE AND MARINE INSURANCE COMPANY
ST. PAUL, MINNESOTA
A CAPITAL STOCK COMPANY
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 Feb., 1970 Edition
KNOW ALL MEN BY THESE PRESENTS: That NORTHEAST ASPHALT, INC.
WAUKESHA, WISCONSIN
(Here insert the name and address or legal title of the Contractor)
as Principal,hereinafter called Contractor,and,ST. PAUL FIRE AND MARINE INSURANCE COMPANY,a corporation
organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety,
hereinafter called Surety, are held and firmly bound unto
CITY OF OSHKOSH, OSHKOSH, WISCONSIN
(Here insert the name and address or Iegal title of the Owner)
as Obligee,hereinafter called Owner, in the amount of EIGHTY—THREE THOUSAND SIX HUNDRED THIRTEEN
AND 50/100 Dollars ($ 83,613.50 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated February 20 19 86,
entered into a contract with Owner for Storm Sewer Asphalt Paving for a Parking Lot, Project
#86-07
in accordance with drawings and specifications prepared by
(Here insert full name,title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,
then this obligation shall be null and void;otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of succession of defaults under the contract or contracts of completion
time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of com-
pletion less the balance of the contract price;but not exceeding,including
Whenever Contractor shall be, and declared by Owner to be in
other costs and damages for which the Surety may be liable hereunder,
default under the Contract, the Owner having performed Owner's the amount set forth in the first paragraph hereof. The term "balance
obligations thereunder, the Surety may promptly remedy the default, of the contract price," as used in this paragraph, shall mean the total
or shall promptly amount payable by Owner to Contractor under the Contract and any
1) Complete the Contract in accordance with its terms and condi- amendments thereto, less the amount properly paid by Owner to Con-
tions, or tractor,
2) Obtain a bid or bids for completing the Contract in accordance Any suit under this bond must be instituted before the expiration
with its terms and conditions, and upon determination by Surety of the of two (2) years from the date on which final payment under the con-
lowest responsible bidder,or,if the Owner elects, upon determination tract falls due.
by the Owner and the Surety jointly of the lowest responsible bidder, No right of action shall accrue on this bond to or for the use of
arrange for a contract between such bidder and Owner,and make avail- any person or corporation other than the Owner named herein or the
able as Work progresses (even though there should be a default or a heirs, executors,administrators or successors of Owner.
Signed and sealed this 26th day of March A. D. 19 86 .
In the presence of: N RTHEAST ASPHALT, INC. (Seal)
CAinfiLi. O_JWX,LQ—Q.z., { L (Principal) .
-t—c.c' CA)(Witness) Howard W. Miller (Title) President
1/-Ze• /,4.-- ,
(7" ,
{By St. Paul Fire and Marine Insurance Company (Seal)
(Surety)
ti
(Witness) CINDY J. DET. ttor ey-in-fact)
4.
Printed with permission of the American Institute of A chitects
11761 Rev. 2-70 Printed in U.S.A.
•
AMU! ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF
Ins &babhy 385 Washington Street, St. Paul,Minnesota 55102 AUTHORITY NO.
For verification of the authenticity of this Power of Attorney,you may telephone toll free 800-328-2189 and ask for :.; 1
the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s). ..I..._L.
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
(Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,a corporation organized and existing under the laws of the
State of Minnesota,having its principal office in the City of St.Paul,Minnesota,does hereby constitute and appoint:
C. Wade Johnson, John A. Haas , Richard R. Allsop,
Cindy J. DeLany, Gregg L. Hanson , Ann L. Akin,
individually, Brookfield , Wisconsin
its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or
otherwise,
UNLIMITED AS TO CHARACTER AND AMOUNT
and the execution of all such instrument(s)in pursuance of these presents,shall be as binding upon said St.Paul Fire and Marine Insurance Company,as fully
and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked,pursuant to and by authority of Article V,-Section 6(C),of the By-Laws
adopted by the Board of Directors of ST.PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January,1970,
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President,Assistant Vice President,Secretary or Resident Secretary shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and
(2) To appoint special Attorneys-in-fact,who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
section and/or any of the By-Laws of the Company,and
(3) To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May, 1959,of which the following is a true excerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
�cJti �LE11j111111Nr IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its ts, 4zjzjzizz corporate seal to be affixed by its authorized officer,this 1st day of March,A.D. 1984.
4� 9��
ST.PAUL FIRE AND MARINE INSURANCE COMPANY
I - R_ STATE OF MINNESOTA} SS.
re County of Ramsey 1
R G�� Vice President
ANG�c
On this 30th day of September , 19 8 5 ,before me came the individual who executed the preceding instrument,to me
personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance
Company;that the seal affixed to said instrument is the Corporate Seal of Said Company;that the said Corporate Seal and his/her signature were duly affixed
by order of the Board of Directors of said Company.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the city of St.Paul,Minnesota,the day
1., \P1L J and year first above written.
Oe--
2 ;AaY n° Z e• lX
trCOUI'R� MARY C.CLANCY,Notary Public, Ramsey County,MN
My Commission Expires November 1, 1990
CERTIFICATION
I,the undersigned officer of St.Paul Fire and Marine Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney
and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGNALS ON FILE IN THE
HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of
Attorney has not been revoked and is now in full force and effect.
10.E
e,`'H
4� - "l t IN TESTIMONY WHEREOF,I have hereunto set my hand this
T'
k. March
26th 86
'' " day of 19 Secretary
Only a certified copy of Power of Attorney bearing the Certificate of Authority No.printed in red on the upper right corner is binding.Photocopies,carbon
copies or other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
29550 Rev.3-84 Printed in U.S.A
Stbul
Propety&babddy ST. PAUL FIRE AND MARINE INSURANCE COMPANY
Insurance
ST. PAUL, MINNESOTA
A CAPITAL STOCK COMPANY
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 Feb., 1970 Edition
The bond is issued simultaneously with another bond in favor of the
owner conditioned for the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS: That NORTHEAST ASPHALT, INC.
WAUKESHA, WISCONSIN
(Here insert the name and address or legal title of the Contractor)
as Principal, hereinafter called Principal, and, ST. PAUL FIRE AND MARINE INSURANCE COMPANY,a corporation
organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety,
hereinafter called Surety, are held and firmly bound unto
CITY OF OSHKOSH, OSHKOSH, WISCONSIN
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
EIGHTY-THREE THOUSAND SIX HUNDRED THIRTEEN AND 50/100 Dollars ($ 83,613.50 )5
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated February 20 19 86,
entered into a contract with Owner for Storm Sewer Asphalt Paving for a Parking
Lot, Project #86-07
in accordance with drawings and specifications prepared by
(Here insert full name, title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall
be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the work or labor was done or performed. Such notice shall be served by
Principal or with a subcontractor of the Principal for labor, material, mailing the same by registered mail or certified mail, postage prepaid,
or both,used or reasonably required for use in the performance of the in an envelope addressed to the Principal, Owner or Surety, at any
contract, labor and material being construed to include that part of place where an office is regularly maintained for the transaction of
water, gas, power, light, heat, oil, gasoline, telephone service or rental business,or served in any manner in which legal process may be served
of equipment directly applicable to the Contract. in the state in which the aforesaid project is located, save that such
service need not be made by a publt':officer.
2. The.above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined, b) After the expiration of one (1) year following the date on which
who has not been paid in full before the expiration of a period of Principal ceased work on said Contract, it being understood, however,
ninety(90)days after the date on which the last of such claimant's work that if any limitation embodied in this bond is prohibited by any law
or labor was done or performed, or materials were furnished by such controlling the construction hereof such limitation shall be deemed to
claimant,may sue on this bond for the use of such claimant,prosecute be amended so as to be equal to the minimum period of limitation
the suit to final judgment for such sum or sums as may be justly due permitted by such law.
claimant, and have execution thereon. The Owner shall not be liable c) Other than in a state court of competent jurisdiction in and for
for the payment of any costs or expenses of any such suit. the county or other political subdivision of the state in which the pro-
3. No suit or action shall be commenced hereunder by any claimant: lect, or any part thereof, is situated, or in the United States District
a) Unless claimant, other than one having a direct contract with Court for the district in which the project,or any part thereof,is situ-
the Principal,shall have given written notice to any two of the following: ated, and not elsewhere.
The Principal, the Owner, or the Surety above named, within ninety 4. The amount of this bond shall be reduced by and to the extent
(90) days after such claimant did or performed the last of the work or of any payment or payments made in good faith hereunder, inclusive
labor, or furnished the last of the materials for which said claim is of the payment by Surety of mechanics' liens which may be filed of
made,stating with substantial accuracy the amount claimed and the name record against said improvement, whether or not claim for the amount
of the party to whom the materials were furnished, or for whom the of such lien be presented under and against this bond.
Signed and sealed this 26th day of March A. D. 19 86
In the presence of: NO'/ HEAST ASPHALT, INC. (Seal)
CiJ = /Kum
1 sl
Witness) (Title)
-°� Howard W. Miller President
t. Paul Fire and Mari e Insura Compan, (Seal)
I
(, rely)
C/dc , Cam- By ./!)7
(VC'itnes - u` --
CINDY J. DE '14Yrn •n-fact)
Printed with permission of the American Institute of Ar it1e+cts
11761 Rev. 2-70 Printed in U.S.A.
•
//✓ a t4Cf
v l ,5;—
CHANGE ORDER NO. 1
TO Northeast Asphalt Inc. DATED: January 9, 1987
P.O. Box 1513
Fond du Lac, WI 54935
Your present contract with the City of Oshkosh, Contract No. 86-07
is hereby amended and changed as follows:
(insert here work and/or materials to be added or eliminated and
the unit and/or lump sum price to be added to or deducted from the
contract. )
ADD - TO CORRECT QUANTITIES FROM ESTIMATED TO FINAL MEASUREMENT - ASPHALT PARKING
LOT @ STATE & CEAPE AVENUE - SECTION I - ASPHALT CONCRETE PARKING LOT
Total Increase to Section I - $29,977 .80
Total Decrease to Section I - $ 3,743.15
NET INCREASE - $26,234.65
Reco ' : ded : Gr - C TY OF OS O5H
r . By c '-
'irec or of -Y:.lic ' orks City IgEager
City er'
Approved and accepted;
Con ractor
I certify that provision has been made to pay the liability that
will accrue to the City of Oshkosh, Wisconsin, under the within
Change Order.
Comptroller
App oved - - o form;
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