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HomeMy WebLinkAboutPW CNT 03-21/Ronet ConstructionORiGiNAL CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 24TH day of December, 2003, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and RONET CONSTRUCTION CORP., 1335 Cornell Rd., Green Bay, WI 54313, 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. 03-2'1 for utility work, pursuant to Resolution 03-514 adopted by the Common Council of the City of Oshkosh on the 23rd day of December, 2003, all in accordance and in strict compliance with the Contractor's proposal and the other contract documents referred to in ARTICLE V of this contract. ARTICLE 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 Cit.~ shall pay to the Contractor for the performance of the contract the sum of $178,88.04, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the City shall, in such cases, pay to the Contractor for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. 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 prevision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Contractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: (Seal of Contractor if a Corporation.) CONTRACTOR RONET CONSTRUCTION CORP. By: (S~'~c~-fy ~itlei ~ (Witness) (Witnc~ CITY OF OSHKOSH Richard A. Wollangk, City Manager Pamela R. ~b~g, Cit~ clerk -(~ APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City Comptroller WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS 3JqD BOND Bond No. 08657115 ~ lo a ~.~A4 ~n ~ ~ ~ ~ ~} RONET CONSTRUCTION CORP. 1335 Come, Road Omen Bay WI 54313 ~ ~i~cipa!~ h~f~r ~f~ PH~i~, and, (~ ~ ~ ~, ~ ~ ~ .~ ~ FIDEL~AND DEPOS~COMPANYOF ~R~AND 3910 Keswick Road Baltimo~ MD 21211 duly aut~d ~nd licep~ to do busL~ in the Sta~ of Wis~n, as Su~, ~i~r cMled Su~ty, are held a~ tirol7 ~nd ~ (~ ~ ~ ~ ~*~ ~ o~ m~) G~OF OSHKOSH, WI 2~$ ChumhA~nuo Oshkosh WI 54902-1~30 ~ Obligee, herinafter c~l~ Omr, fm ~e ~ ~ ~efit of c~ ~ ~ pm~ded in ~ a~o~nt of One Hundred Seventy Eight Thousand Eight Hundred Eighty Eight and 04/100Dol~ ($ 178,888.04 for the p~ymen~ whereof Principal and Surety b~ t;~lves, their heirs, executors, administrators, cemrs and assilgr,-~ i~Y ard severally, fm'aly by the~;~t~. WI'~ RONET CONSTRUCTION CORP. l?ril~glpa! has blt wr~l;tell agreelllc'~t ~ 12/24/03 , ellt~d irlto ii colrztr~c~ w[t~l Owuer for Public Works Cohtract 03-21, City of Oshkosh, Wisconsin w~ conuact is by r~f~renc~ mad, a Van ~ aml is r~ui~ by SectiOn 779~14, W~nsin Statutes~ T'ne said written ~t, drawings; Speelf'umtlons ~nd amendments are hereinafter ref~ teas the Contract. NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION. as required by Section 779.14, Wiscor~in Sta~tzs, is such that, if the' ~ci~al ~mll faithfully pe~orm the said con~ract and pay every ~ entitled thereto for ~I the ~m~ for lal~r peaqormod and maserlah furnished under tj~ Contract, m he ~,sed or consurn~ in making the public improvement or performing t.he public work as provided in the Contract, then ~ obligation shall be null and void; o~erwL~e it ~*adl remain in full force and effect, subject, however, ~o the foi~owiag eondi~iom: 1) No assignment, modification or chax~ge of ~h~ any ~temio~ of ~me for ~e c~p}~ ~ ~e ~- ~ct s~l ~l~e ~e S~ ~ ~e b~ 2) Not later than ~ ye~r after the comport of work u~der the Contract, any ~arty in in~erest rnay mzfintaln an action in hi~ own name against the Prir~cipal and the Surety upoa ~:i~ tx~d for t~ ~ove~ ~ ~y ~a~ ~e ~y ~ve ~tM~ by ~ of ~ f~iu~ of ~ Pfi~i~l to comply with on ~is b~ ~ i~f/ident to ~fy alt d~s of ~ ~ies in full, it ~all ~ ~tributed mo~ ~e and sealed ~ _~ __ 6th day of __ January 2004 tN THE PRESENCE RONET CONSTRUCTION CORP. FIDELFrYAND DEPOSIT COMPANYOF MARYLAND Wlm~,~ *l~a~ Joyce Novak' Attomey-in-Fact APPROVED ~This bond shaJI be approved ina case oft.he state bythe state official author;zed to enter into such Con- tract, of a county Ir:tlts ~t~t attorney, of a city by it~ mayor, of a villag¢ by its president, of a town by its e~n, of a school dls~ict by the director or president and of any ocher publlc board or body by the pre~.iding offle~r thereof, w~s~ A~A VOC'. WiS. r,~ ~u~us~ ~ ao. ~^oe: ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $__waived__. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 surety terrorism disclosure notice Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of anthority granted by Article VI, Section 2, of the By-Law~ side hereof and are hereby constitute and appoint Roger G. FERRIS, Kelly CODY, Joyee NOVAK. ' R. in-Fact, to make, execute, seal and deliver undertakings and the execution of such Company, as fully and regularly revokes that issued, Jeffrey R. any and all bonds and shall be as binding upon said ~ executed and acknowledged by the in their own proper persons. This power of attorney ' CODY, Joyce NOVAK, Timothy J. MCKENNA, P. L. CORMIER, dated February 26, 2003. The said Assistant 5 loes hereby certify that the extract set forth on the reverse side hereof is a tree copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, tiffs 24th day of September, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary By: Paul C. Rogers Vice President State of Maryland }ss: City of Baltimore On this 24th day of September, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Publ& My Cormnission Expires: February 1, 2005 POA-F 184-3544 CORD, DATE<.M/BD/ > 0:L/06/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA'I-I'ER OF INFORMATION ACh Risk Services, ThC. O1~ Wisconsin ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 701 cherry Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 23004 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Green Bay ~VI 54305-3004 COMPANIES AFFORDING COVERAGE COMPANY PHONE- 1-920-437-7123 FAX- 1-920-431-6345 A ACUITY, A Mutual Insurance Company INSURED COMPANY Boner Constructlon Corp B 1335 Cornell Road Green Bay WZ 54313 USA COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OB CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ _J CLAIMS MADE r-~ occur PERSONAL & ADV INJURY $1,000,000 A X I ER P.O. BOX :~130 BUTFAILURE TO MAIL SUCHNOTICESHALL~MPOSE NOOBLIGATION OR LIABILITY OSHKOSH W:~ 54902-Z~30 USA OF ANY KIND UPON THE COMPANY, ITS AGENTS OFt REPReSeNTATIVES Certificate No: 570008401497 Holder Identifier: 01/06/04 ~ PRODUCER THIS CERTIFICATE IS ISSUED AS A MA'I-FER OF INFORMATION ACh Risk Services, Inc. of wisconsin ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 701 Cherry Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. BOX Z3004 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Green Bay WI S4305-3004 COMPANIES AFFORDING COVERAGE COMPANY ACUITY, A MUtUal Insurance Company PHONE- 1-920-437-7123 FAX- 1-920-431-6345 A INSURED COMPANY Ronet Construction Corp B 1335 cornell Road Green Bay WI 54313 USA COMPANY C COMPANY D L~ CLArMS MADE F'~ OCCUR PERSONAL & ADV INJURY $i,000,000 $1oo ooo (Per m AGGREGAT X WC STATU-I I OT". A WORKER'S COMPENSATION AND D35461 04/~6/03 04/16/04 I TORY LIMITS I I ER EMPLOYEES' LIABILITY PACKAGE - EOMHERCZAL ELEAOHAOOIOENT $]-00,000 THE PROPRIETOR/ N INCL EL DISEASE-POLiCY LIMtT $500,000 RE: PUBLIC WORKS CONTRACT NO. ~)L~-~~=, OSHKOSH, WZ. ADDITIONAL INSURED ON THE GENERAL LZABILTTY, AUTO & UMBRELLA BLANKET ADDITIONAL INSURED ENDORSEMENT. CONTRACT AMOUNT: $178,888.04. OSHKOSH WI 54902-1130 USA Certificate NO: 570008401497 Holder Identifier: