HomeMy WebLinkAboutPW CNT 85-19/Northeast Asphalt CONSTRUCTWN CONTRACT
THIS AGREEMENT, made on the 16th 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. 0. 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:
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I . • 4 • Z �
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. 85-19
For asphalt parking lot and asphalt sidewalk at Carl E. Steiger
Park , pursuant to Resolution #14 adopted by the Common Council
of the City of Oshkosh on 15th 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.
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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 $20.355.00 , 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
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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.
2,TICLE 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.
Cos2-(.)
k
By: liY\, 1k-C) UtItie. ,
Michael Wickler
(Seal of Contractor Vice-President
if a Corporation ) (Specify Title)
Byi----\\: -..c,-,. .---- —__,1-
Mary Her
SeciCtary
(Specify Tit e)
,- -, CITY OF 07/KOSH
By HE AM ..._.■ , ii.. — By
__
(WI ness
• William D. Frueh, City Manager
/
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(/' .',-J'- , --„- ( •;.7--. .e-. -' -- And ,.., .. ; , !,°0 i _ t._, /,/
/ / (WifiSss) 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.
/A
Edward A. Nokes, City Comptroller
Approv)::047 o m:
,
LA
Warren P. Kraf , Asst, ity 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 relates
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 forms 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 employmentbecause 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 112'L6 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" set
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 - .9%
Goals for Female Participation in Each Trade - 6.9%
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. Tie 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 tine 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,
,- nd 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 trianing,
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 :ainirity 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 indu try, ensures that
the concrete bee:efits 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, includLng 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 _anctions
and penalties shall be in violation of these specifications and
Executive Ordc:r 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, rate 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.
Fec erai Labor Standar s -10 i:aiui s ,� _..
and erten Development r
Applicability
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 States of America and the interested parties and the recommendation of HUD or its designee. a the
following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre-
pursuant to the provisions applicable to such Federal assistance. sentative,will issue a determination within 30 days of receipt and so advise
A.1.(1)Minimum Wages.MI laborers and mechanics employed or work- HUD or its designee or wiil 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 agement 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 benefits where appropriate)
week and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1)(b)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 classification under this con-
Secretary 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 bona fide fringe benefits(or cash equivalents thereof)due at (Ii)Whenever the minimum wage rate prescribed in the contract for a
time of payment computed at rates not less than those contained in the class of laborers or mechanics includes a fringe benefit which is not
wage determination of the Secretary of Labor which is attached hereto and expressed as an hourly rate.the contractor shall either pay the benefit as
me•a a pz:t here e,re r!ardless of any contracture'retationsh .which may stated in the wage determination or shall pay another bona fide fringe
be wi■:.-led to exsst between the con actor and such laborers and benefit or an hourly cash equivalent thereof.
mechanics.Contributions made or c0st 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-5.5(aX1Xiv);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 plans,funds,or programs,which cover that the applicable standards of the Davis-Bacon Act have been met.The
the particular weekly period,are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate
incurred during such weekly period account assets for the meeting of obligations under the plan or program.
Such laborers and mechanics shall 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.Withholding.HUD or its designee shall upon its own action or upon
Part 5.5(a)(4).Laborers or mechanics 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 classifica- withhold or cause to be withheld from the contractor under this contract or
ton for the time actually worked therein:Provided That the employer's pay- any other Federal contract with the same prime contractor,or any other
roll records accurately set forth the time spent in each classification in Federally-assisted contract subject to Davis-Bacon prevailing wage
which work is cerformed.The wage determination(including any additional requirements.which is held by the same prime contractor so much of the
classification and wage rates conformed under 29 CFR Part 5.5(aXlXii)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 workers. required by the contract In the event of failure to pay any laborer or
(ii)(a)Any class of laborers or mechanics which is not listed in the mechanic,including any apprentice,trainee or helper,employed or working
wage determination and whicn 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 HUD 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 take such action as may be necessary to cause the suspension of any
performed by a classification in the wage determination;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.after written notice to the contractor.dis-
industry,and burse such amounts withheld for and on account of the contractor or sub-
(3)The proposed wage rate.including any bona fide fringe bens- contractor to the respective employees to whom they are due.The Comp-
fits,bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct
wage determination. Davis-Bacon Act contracts.
(b)If the contractor and the laborers and mechanics to be employed 3.(1)Payrolls and basic records.Payrolls and basic records relating
in the classification(if known),or their representatives.and HUD 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 repot:of the action mechanics working at the site of the work(or under the United Stites
taken shall 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 cor-
representative.will approve,modify,or disapprove every additional c!assifi- red classification.hourly rates of wages paid(including rates of context-
cation action within 30 days of receipt and so advise HUD or its designee bons 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(bX2)(B)of the Davis-te con Act),
time is necessary.(Approved by the Office of Management and Budget daily and weekly number of hours worked,deductions made and actual
under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found undo,29 CFR 5.5
(c)In the event the contractor,the laborers or mechanics to be (axl)(iv)that the wages of any taborer or mechanic include the amount of
employed in the classification or their reeresentatives.and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro-
designee do not agree on the proposed rass:ficanon and wage rate gram described in Section 1(bt(2)(B)of the Davis-Bacon Act,the contractor
(inctucing the amount desigrated for trirge cenerits,where appropriate). snail maintain records wncn show that the commitment to provide such
t,t!p.:, ?ai
pr,ei is is entorceacte.that me pion or program is nnanc:a;ly respo^.s c e. acp.entce•
'tee a iowac e r r.o ct acor ces:::iourre: 7,
and that the plan or program has been communicated in writing to the in any craft classification snail not be greater man the rano perm:tteo to the
laborers or mechanics affected.and records which show the costs antici- contractor as to the entire work force under the registered program.Any
pated or the actual cost incurred in providing such benefits.Contractors worker listed 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 stated above.shall be paid not less than the
written evidence of the registration of apprenticeship programs and certifi- applicable wage rate on the wage determination for the classification o i
cation of trainee Programs the registration of he apprentices and trainees work actually performed.In addition,any apprentice performing i
ii and the ratios and wage rates prescribed in the applicable programs. die job site n excess of the ratio permitter"under the registered program
(Approved by the Office of Management and Budget under OMB Control shall be paid not less than the applicable wage rate on the wage determi-
Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing
(fi)(a)The contractor shall submit weekly for each week in which any construction on a project in a locality other than that in which o program�fs
contract work is performed a copy of all payroUs to HUD or its designee d registered.the ratios and wage rates(expressed in percentages
the agency is a party to the contract,but if the agency is not such a party, neyman's hourly rate)specified in the contractor's or subcontractor's rests-
the contractor will submit the payrolls to the applicant,sponsor,or owner, tared program shall be observed.Every apprentice must be paid at not
as the case may be.for transmission to HUD or its designee.The payrolls loss than the rate specified in the registered program for the apprentice's
submitted shall set out acctY-trely and coat,,°, 'rely all of the information level of progress.expressed as a pert `e of the journeymen hourly rate
required to be maintained una..r 29 CFR Pa:':5.5(a)(3Xi).This information specified in the applicable wage det€:;mir-tort Apprentices shall be paid
may be submitted in any form c sired.Optional Form WH-347 is available fringe benefits in accordance with the provisions of the afringe efits
for this purpose and may be purchased from the Superintendent of Docu- program.If the apprenticeship program does not specify
merits(Federal Stock Number 029-005-00014-1,U.S.Government Printing apprentices must be pa 1 the full amount of fringe benefits listed on the
Office.Washington.DC.20402,The prime contractor is responsible for the wage determination for the applicable classification.If the Administrator
i payrolls all subcontractors.(Approved by the determines that a different practice prevails for the applicable apprentice
submission of copies of payro by
• Office of Management and Budget under OMB Control Number the n fringes shall 111 be paid in a cr t determination.In
1215-0149.) of an
(b)Each payroll submitted shall be accompanied by a'Statement of ticeship Agency recognized by the Bureau.withdraws approval
Compliance."signed by the contractor or subcontractor or his or her agent apprenticeship program.the contractor will no longer be permitted to utilize
t of the persons employed under the apprentices predetermined rate for the work
who pays or supervises the payment sea at less than the applicable predeterm'
contract and shall certify the following performed until an acceptable program is approved.
(1)That the payroll for the payroll period contains the information (Q)Trainees-Except as provided in 29 CFR 5.16,trainees will not be
required to be maintained under 29 CFR Part 5.5(ax3Ki)and that such permitted to work at less than the predetermined rate for the work per-
formed unless they are employed pursuant to and individually registered in
per-
information is correct and comoem evidenced by formai certfi-
(2)That each laborer or mechanic(inducting each helper, a program which has received prior approval.
1 period cation by the U.S.Department of labor,Employment and Training Admini-
apprentice.and trainee)employed on the contract during the payrol pen
has been paid the full weekly wages earned without rebate,either directly _ stration.The ratio of trainees to journeymen on the ob�shall not be
or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by the
recty from the full wages earned other than permissable deductions as set Training Administration.Every trainee must be paid at not less than the rate
forth in 29 CFR Part 3: specified in the approved program for the trainee's level of progress.
(3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the
applicable wage rates and fringe benefits or cash equivalents for the dos- applicable wage determination.Trainees shall be paid fringe benefits in
sication of work performed,as specified in the applicable wage determine- accordance with the provisions of the trainee program.If the nfee pro-
ton incorporated into the contract gram does not mention fringe benefits,trainees shall be paid trie
(c)The weekly submission of a properizr 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 that there is an
requirement for submission of the"Statement of Compliance"required by apprenticeship program associated with the corresponding lou neyman
paragraph A._3.0i)(b)of this section. wage rate on the wage determination which provides for less than full
(d)The falsification of any of the above certifications may subject the frfrge benefits for apprentices.Any employee listed on the payroll at a
contractor or subcontractor to civil or criminal prosecution under Section I e rate who is not registered and participating in a training plan
1001 of Title 18 and Section 231 of Tide 31 of the United States Code. s.;;;raved by the Employment and Training Administration shall be paid not
(illi)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work
under paragraph A3.(i)of this section available for inspection,copying,or actually performed.In addition,any trainee performing work on the jo D
transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted under the registered program
Department of Labor.and shall permit such representatives to interview not less than the applicable wage rate on the wage determination for the
employees during working hours on the job.if the contractor or subcon- work actually performed.In the event the Employment and Training Admin-
tractor fails to submit the required records or to make them available,HUD istration withdraws approval of a training program.the contractor will no
or its designee may,after written notice to the contractor,sponsor,appli- longer be permitted to utilize trainees at less than the applicable predeter-
mined rate for the work performed until an acceptable program is
cant or owner,take such action as may be necessary to cause the sus- approved.
pension of any further payment.advance,or guarantee of funds.Further- (iii)Equal employment opportunity.The utilization of apprentices
more,failure to t the required records upon request or to make such trainees and journeymen under this part shall be in conformity with the
records available le may be grounds for debarment action pursuant to 29
CFR Part 5.12. equal employment opportunity requirements of Executive Order 11246,as
4.(i)Apprentices and Trainees.Apprentices.Apprentices will be per- amended and 29 CFR Part 30.
miffed to work at less titan 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 apprenticeship program registered with the U.S.Department of reference in this contract
Labor.Employment and Training Administration,Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub-
and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(ax1)through(10)and such
Bureau,or it a person is employ-=d in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions
employment as an apprentice in such an apprenticeship program.who is reouire,and also a clause requiring the subcontractors to include these
not individually registered in the program.but who has been certified by the clauses in any lower tier subcontracts_The prime contractor snail be
Eureau of Apprenticeship and Training or a State Apprenticeship Agency rescorc:cle for the compliance by any subcontractor or lower tier subcon-
■ti hors r,Pcrocr:atei to ce..i•n'c!e fir probationary emoieyment as an ,ac.o.
:';itn::f the contract clauses in 29 CFR Part 5.5.
7.Cantac:e termination;ceoarmenL,r cream cr tr.e contract clauses in pensation at a rate nor less man sr.e are ore-nait times ire cas,c:ate of
29 CFR 5.5 may be grounds for termination of the contract and for cedar- pay for au hours worked in excess of eight hours in any calendar day or in
ment as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweeks,whichever is greater.
8.Compliance with Davis-Bacon and Related Act Requirements.All rut- (2)Violation;liability for unpaid wages:liquidated damages.In the
ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)of this
29 CFR Parts 1.3,and 5 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.Disputes concerning labor standards.Disputes arising out of 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 the general contract for the District of Columbia or a territory.to such District or to such
disputes clause of this contract.Such disputes shall be resolved in accor- territory),for liquidated damages.Such liquidated damages shall be corn-
dance with the procedures of the Department of Labor set forth in 29 CFR puled with respect to each individual laborer or mechanic.including
Parts 5,6,and 7.Disputes within the meaning of this clause include dis- watchmen and guards.employed in violation of the clause set forth in sub-
putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in tilt-sum of$10 for each calendar day on
designee.the U.S.Department of Labor,or the employees or their which such individual was required cr permitted to work in excess of eight
representatives. hours or in excess of the standard workweek of forty hours without pay-
10.(i)Certification of Eligibility.By entermg into this contract the con- meat 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 firm who graph(1)of this paragraph.
has an interest in the contractor's firm is a person or firm ineligible to be (3)Withholding for 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 autfto-
Bacon Act or 29 CFR 5.12(aXl)or to be awarded HUD contracts or partici- razed representative of the Department of Labor withhold or cause to be
pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the
(R)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such.antract 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 other Federally-assisted con-
the Davis-Bacon Act or 29 CFR 5.12(al(1)or to be awarded HUD contracts tact 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
(fu)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,18 U.S.C.1001.Additionally.U.S.Crimnal Code,Section for unpaid wages and liquidate::damages as provided in the clause set
1010,Title 18,U.S.C."Federal Housing Administration transactions",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." Causes in any lower tier subcontracts.The prime contractor shall be
11.Complaints,Proceedings,or Testimony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier subcontrac-
mechanic to whom the wage,salary,or other labor standards provisions of tax with 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.Health and Safety
employee has filed any complaint or instituted or caused to be instituted (1)Nn 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 working conditions which are unsanitary,hazardous,or danger:
under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and
his employer. health standards promulgated by the Secretary of Labor by regulation.
B Contract Work Hours and Safety Standards Act As used in this pare- (2)The Contractor shall comply with all regulations issued by the
graph.the terms"laborers"and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(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 Work Hours and Safety Standards Act(Public Law 91-54,83 Stat 96).
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 evo y
merit 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.
Federal Register / Vol. 49, No. 122 / Friday, June 22. 198-4 / Notices 25329
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amid ST. PAUL FIRE AND MARINE
Property&l� llty INSURANCE COMPANY
�l
Insurance 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 .P .O . Box 1513 , Fond du Lac , Wis . 54935
(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, 215 Church Avenue, P.O. Box 1130, Oshkosh, WI 54902
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, in the amount of Tlaenty.__Tho.usarld..,. _Three___H_un.dred_._Eif tymFime._
Dollars and no/100 20 355.00
Dollars ($ )3
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 August 16, 19 85,
entered into a contract with Owner for asphalt parking lot and asphalt sidewalk at Carl E. Steiger
Eark
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
default under the Contract the Owner havin other costs and damages for which the Surety may be liable hereunder,
g performed Owner's the amount set forth in the first paragraph hereof. The term "balance
obligations thereunder, the Surety may promptly remedy the default,
or shall promptly of the contract price," as used in this paragraph, shall mean the total
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 13th day of September A. D. 19 85
In the presence of: NORTHEAST ASPHALT, INC. (Seal)
(Principal)
\U4A42.9 IL(9/S-21 )11
✓`' , (Witness) Michael Wickler (Title) Vice—Pr s dent
St. Paul Fire and Marine Insurance Company (Seal)
d (Surety)
By
(Witness) (Attorney- -fact)
Printed with permission of the Americo Institute of Architects
11761 Rev. 2-70 Printed in U.S.A.
MSV' ST. PAUL FIRE AND MARINE INSURANCE COMPANY
tip"&tab'''" 385 Washington Street, St. Paul,Minnesota 55102 CERTIFICATE OF
1,... AUTHORITY NO.
For verification of the authenticity of this Power of Attorney,you may telephone toll free 800-328-2189 and ask for rS 0 ,a (., Ci
the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s). 53 '' ' 2`..,�.'
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 . Alisop,
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 it,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."
��oxxaxOkE t�ttttt///N IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its
F 6c 4
4J~ 4 corporate seal to be affixed by its authorized officer,this 1st day of March,A.D. 1984.
2 ST.PAUL FIRE AND MARINE INSURANCE COMPANY
✓+ _ m STATE OF MINNESOTA}
&AI = County of Ramsey ss.
V041‘44°4 --
a
/zzv/ .NAi�N`G r vice President■
On this 1St day of J u 1 y
d" , 19 $5,before me came the individual who executed the preceding instrument,to me
personally known, and, being by me duly sworn, sat 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
iT;f57Zf04071,.
IiILIAl. „T.A., and year first above written.
`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.
r FIRE ' ''
4
r IN TESTIMONY WHEREOF,I have hereunto set my hand this %k 7 �1i1 C
z
' ' c:
ii,,,,, 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
.. r
.: . : ' "" !„.. ,.S ., Yo H,'; ut f: .. ,r -i p",, o 1 � * -et <r� # i i. '1 ".¥l `4 t a" Y.• S ir r"� '` a k '.p , ` C „ W -6. $' t `„s ,` ,,• r i �q, +fi , � A i,,,, .i'--5 o_�• ^t,-311?5hi= 7?: a 41r44 '47*t : G rt .^,,, ,t i . .34,40. 624". x z ;' ',A7. 4 c:. 9/13/85,., .
X THE FIRE MARK AGENCY, INC. r I I`Y � `, t ` ' JT "
r L r`' f .7 IF C v, �I44E IqD.
P.O. BOX 785
BROOKFIELD, WI 53005 ''' +Ns °N,° "`Fk [1`NG3 °E3 °` aE
COMPANY
LETTER A THE AETNA CASUALTY & SURETY CO.
--- -- — COMPANY
{
INSURED LETTER B STANDARD FIRE INSURANCE CO.
NORTHEAST ASPHALT, INC. COMPANY
LETTER C
_ RT. 1 — — ---_
COMPANY
MOUNTAIN, WI 54149 LETTER
COMPANY
• ; LETTER E
x ;• :COVERAGES
;ir "= THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
`" `r-' 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 CONDI-
µ., TIONS OF SUCH POLICIES.
,V.CO TYPE OF INSURANCE POLICY NUMBER ( r?-1r` EFFECTIVE I POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS ,,!I DATE 1MM ODIYYI BATE(MM DO fly `'
c I: EACH
AGGREGATE
— v -- — - - 1,000
�;,.:; OCCURRENCE
GENERAL LIABILITY — —�� —'—`
kF NOJ�RY $ $ 1,000
X COMPREHENSIVE FORM
X PREMISES/OPERATIONS PROPERTY
X EXPLOSION&DCOLLAPSE HAZARD 1 DAMAGE $ 250 $ 250
r A X PRODUCTS/COMPLETED OPERATIONS 36GL 566780 CCA 1-1-85 1-1-86
X- CONTRACTUAL COMBIDNED i $ $
X- INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY
PERSONAL INJURY $ 1,000
'- ,
AUTOMOBILE LIABILITY BODILY
X ANY AUTO PEAR PERSON) $
X ALL OWNED AUTOS(PRIV. PASS) BODILY
S`
INJURY
A X ALL OWNED AUTOS(pRIVRP SSN) 036FJ 533739 CCA 1-1-85 1-1-86 &ER ACCIDENT $
X HIRED AUTOS —
PROPERTY A,
X NON-OWNED AUTOS DAMAGE $ ;:
GARAGE LIABILITY I
El&PD A:
' .-L? I I COMBINED $ 1,000
I EXCESS LIABILITY '
A X UMBRELLA FORM BI&PD
036XS 240335WCA 1-1-85 1-1-86 COMBINED'$ 1,000, $ 1,000
: ■ OTHER THAN UMBRELLA FORM
a WORKERS'COMPENSATION
STATUTORY a v�, «om"
1 B AND $ 100 ACCIDENT)
36CH 58896 CPS 1-1-85 1-1-86 $"�:$ 500 DISEASE POLICY LIMIT)
EMPLOYERS' LIABILITY
u' » $ 100 ,DISEASE-EACH EMPLOYEE)
T''`'.';') OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
City of Oshkosh, Carl Steiger Park, Lot & Walk
;�` Contract # 85-19
n ERTIFICATE HOLDER CANCELLATION 0.
I City Of OShkOSrl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATIgrI-,DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
s.. t City Hall MAIL 1v DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ;'
t 215 Church Avenue, P.O. BOX 1130 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
T OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 'x,
.--.. Oshkosh, Wisconsin 54902 a
. _ AUTHORIZE. , SENTATI E —. _
CORD 25(2/84)
�I 0 IIR/ACOPJ�ORPO TION 1984 ,
, RESOLUT LL., .
4
BID TABULATIC
BID OPENING: August 13, 1985
10:00 A.M. C.D.S.T.
CONTRACT 85-19
ASPHALT PARKING LOT & ASPHALT SIDEWALK
AT CARL E. STEIGER PARK
BIDDERS
1 NORTHEAST ASPHALT INC. STREY CONSTRUCTION
,. _'
* P.O. Box 1513 1205 Mason Street
Fond du Lac, WI 54935 Oshkosh, Wisconsin 54901
q r
UNIT PRICE TOTAL UNIT PRICE TOTAL
. DESCRIPTION
i •pprox, so tons asp a t c concrete $26.40 $18 480.00 $33.00 $23,100.00
material, per ton $ +
Furnish & install 300 tons crushed stone 6.10 $ 1,830.00
I. 4i base course, per ton $ 6.25 $ 1,815.00 $ .
GRAND TOTAL - BID ITEMS 1 and 2 $20,355.00 $24,930.00
- g BEGIN WORK - 10 days after award
COMPLETE WORK - in 45 days of start
BID BOND/CERTIFIED CHECK Bid Bond Certified Check
1; !*,.1 .
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