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HomeMy WebLinkAboutNortheast Asphalt Inc/South Park Tennis Court CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 2nd day of August, 1985, 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: For reconstruction of the South Park Tennis Court, pursuant to Resolution #11 adopted by the Common Council of the City of Oshkosh on 1st day of August, 1985, 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 $21,085.00 , 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 1 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. 2 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 ofd,,- CONTRACTOR `/ ,,-' NORTHEAST ASPHALT INC. // UAL, By: ' i1Uc-,A fc-_ (j.) ■ t-i.., Michael Wickler (Seal of Contractor Vice-President if a Corporation ) (Specif Title) No Seal By,---VN-N` , -,;::::) Mary He - . Sec (Specify T i l e) CITY OF OS OSH By lV! ��i.�1 . OA • i By: /es City Manager 'r —4,.... And: ,/ Gi w e jr f. am.;?, (W t. -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. / 1.,4.- (A }l Edward A. Nokes, City Comptroller Approed as f rm: " / A&; Warren P. Kra"f ; Ass , City Attorney 3 V` V .V V , SET TA1B 5TH'.R . -. CERTIFICATE OF INSURANCE 81 0185 `: PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS X THE FIRE MARK AGENCY, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, j EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 785 COMPANIES AFFORDING COVERAGE BROOKFIELD, WI 53005 COMPANY LETTER THE AETNA CASUALTY & SURETY CO. — LETTER B STANDARD FIRE INSURANCE CO. INSURED — NORTHEAST ASPHALT, INC. COMPANY LETTER C RT. 1 COMPANY D LETTER MOUNTAIN, WI 54149 COMPANY E LETTER r.,. COVERAGES . . THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. '"' . - NOTWITHSTANDING ANY BE ISSUED OR MAY PERTAIN THE REQUIREMENT,SURANCE AFFORDED BYNTHE PO--C' TD'FSCRIBEDTHERE HEREIN SUBJECT TO ALL THE TERMS,EXCLUSIONS,EI AND CONDI- c. TIONS OF SUCH POLICIES. '' —-- -- — .—°. . '" °'°. 4 -�_E� _ LIABILITY LIMITS IN THOUSANDS 1', CO POLICY NUMBER ! POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE DATE iMMIDDIYY) DATE(MNVDDIYY) EACH AGGREGATE .x OCCURRENCE GENERAL LIABILITY NODIILY $1,000 $ 1,000 . X COMPREHENSIVE FORM I X PREMISES/OPERATIONS DAMAGE $ 250 $ 250 UNDERGROUND UN X EXPLOSION &COLLAPSE HAZARD 36GL 566780 CCA 1'1 85 1-1-86 A X PRODUCTS/COMPLETED OPERATIONS I BI&PD X CONTRACTUAL ICOMBINED $ $ X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $ 1,000 BODILY I ��°� s .° AUTOMOBILE LIABILITY INJURY $ -IL ' -fir. (PER PERSON, ' ijA © ANY AUTO BODILY � �� ,���"� a ALL OWNED AUTOS (PRIV. PASS.) INJURY $ � r g� A X ALL OWNED AUTOS OTHER THAN PER AccroENn !Mt* t PRIV. PASS. 036FJ 533739 CCA 1-1-85 1-1-86 - 4 X HIRED AUTOS PROPERTY b DAMAGE $ h X NON-OWNED AUTOS — � E GARAGE LIABILITY ICOMBIDNED $1,000 =A� vd '� : 6,-",S z ,x e x�re�x �;. y �� EXCESS LIABILITY el&PD I X UMBRELLA FORM 36X5 240335 WCA 1-1-85 1-1-86 COMBINED $ 1,000 $ 1,000 OTHER THAN UMBRELLA FORM STATUTORY 4xs WORKERS' COMPENSATION I $100 (EACH ACCIDENT) B AND 36CH 58896 CPS 1-1-85 1.1-86 $500 (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY ' '$100 (DISEASE-EACH EMPLOYEE) i OTHER 1 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CITY OF OSHKOSH, Reconstruction of South Park Tennis Court CERTIFICATE HOLDER CANCELLATION, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City of Oshkosh PIRATIQJi DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL__ __-DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Hall LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 215 Church Avenue OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. P.O. Box 1130 AUTHORIZ D REPRESENTAT f l Oshkosh, WI 54908 , „/"---- /" ACORD 25(2/84) © IIR/ACJRD C• ',PORATION 198, SIUI ST.PAUL FIRE AND MARINE INSURANCE COMPANY Property&Llabddy St. Paul, Minnesota Insurance A Capital Stock Company PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 Feb., 1970 Edition KNOW ALL MEN BY THESE PRESENTS: That NORTHEAST ASPHALT, INC. (Here insert the name and address or legal title of the Contractor) as Principal,hereinafter called Contractor,and,ST. PAUL FIRE AND MARINE INSURANCE COMPANY,a corporation organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF OSHKOSH, WI (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of TWENTY—ONE THOUSAND EIGHTY—FIVE AND 00/100 Dollars ($ 212085.00 ), 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 September 11 19 85 entered into a contract with Owner for Reconstruction of South Park Tennis Courts. 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 11th day of September A. D. 19 85 I the resent° of ' r" NORTHEAST ASPHALT, INC. (Seal) p ..= (Principal) (� L t ✓J ink �1� � '`C ��� (Witness) (Title) St. Paul and Marine Insu nce pang (Seal) (Sure (Wi'itness) BYAN ' AID N (Attorney-in-fact) Printed with permission of the American Institute of Architects 11761 Rev. 2-70 Printed in U.S.A. AStibuI ST.PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF �Propetyl &Leh* 385 Washington Street, S1 Paul,Minnesota 55102 AUTHORITY NO. Insurance i For verification of the authenticity of this Power of Attorney,you may telephone toll free 800-328-2189 and ask for S J 2 �l the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s). 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 intent-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." Q,,„, 1.18... (st u, IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its J 2fi 4zj� corporate seal to be affixed by its authorized officer,this 1st day of March,A.D. 1984. qr •'•P_.� ST.PAUL FIRE AND MARINE INSURANCE COMPANY g1-: 4—W m' STATE OF MINNESOTA} ss. y !&� = County of Ramsey ,�,So ANA r vice President On this 1st day of July ,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 iPc"AI j`∎ and year first above written. -"tcuLA "kuvic -k-co.,01 l� 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. :VIII'. �L�/ 4�Ilk'r IN TESTIMONY WHEREOF,I have hereunto set my hand this •�'` J""':1‘.51 �i A.3.�2r� 11th day of September , 19 85 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. 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