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Home My WebLink AboutPW CNT 04-09/Ripon Lime CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 28th day of April, 2004, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and RIPON LIME & MATERIALS, INC., 1110 Dartford Rd., Ripon, WI 54971, 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. 04-09 for utility work, pursuant to Resolution 04-124 adopted by the Common Council of the City of Oshkosh on the 27th day of April, 2004, 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 City shall pay to the Contractor for the performance of the contract the sum of $737,875.08, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the City shall, in such cases, pay to the Contractor for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. 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 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. 2 . \ 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: &j{d~ 1ft 1i};¡Jikd (Seal of Contractor if a Corporation.) -Q!f1YìÖ-9dÁ)~ (Witnes =¥.;?ß~ ~ ;{ (Witn ) APPROVED: ~J1~ . .. ityAttorne . CONTRACTOR RIPON L~ME & M~IALS' INC. - By ,M;~I ,,~V (Specify Title) By~~_.;a< ( pecify Tit e) CITY OF OSHKOS~ BY:~æ Richard A. Wollangk, City Manager <:::". And: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ZßI.~,"O(Ã)~~U/ City Comptroller 3 G.~ ~INDEMNITY CORPORATION 4610 University Ave., P.O. Box 5900 Madison, W153705-0900 Phone: (608) 23]-4450 PERFORMANCE BOND Bond Number C 10005194 Know all by these presents: That Ripon Lime & Materials Inc. as principal, hereinafter called Contractor, and Capitol Indemnity Corporation as Surety, are held and firmly bound unto City of Oshkosh, Oshkosh WI as Owner, in the amount of seven hundred & thirty seven tl¡.ousand,ei ht hundred & Dollars ($ 7",7 R7<; OR . ), for the payment w ereo onrac or an ur ty md themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 5-3-04 with Owner for utility work Public Works contract #04-09 drawings and specifications prepared by Ci tv of Oshkosh 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 b6 null and void; otherwise it shall remain in full force and effect. entered into a contract in accordance with which The Surety hereby waives notice of any alteration or extension of time tpade by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly , 1) Complete the Contract in accordance with its terms and conditions, 6r 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contract of comnletion arran!!ed unrler Ihi. nor."r.n¡'\ ~INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO PO BOX 5900, MADISON, WI 53705-0900 PHONE (606) 231-4450 . FAX (60B) 231-3125 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Ripon Lime & Materials Inc. (Name and address of the Contractor) 1110 Dartford Rd., Ripon WI 54971 as Principal, hereinalter called Principal, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety, are held and fi,mly bound unto City of Oshkosh (Name and address of the Owner) PO Box 1130, Oshkosh WI 54902-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Seven hundred & thirty-seven thousand, eight hundred and s . Dollars ($ 7",7R7~ OR ), (Insert a surn equa to at least one-half of the contract price f"r the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, iointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 5-3-04 entered into a contract with Owner for utility work Public Works contract No. 04-09 in accordance with drawings and specifications prepared by City of Oshkosh PO Box 1130, Oshkosh WI 54902-1130 -- ACORQM CERTIFICATE OF LIABILITY INSURANCE, I DATE (MM/DDNYYY) 07/29/2005 PRODUCER (920)437-0587 FAX (920)437-4179 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Associates of Green Bay, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 419 S. Washington St. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES IBELOW. P. O. Box 10268 Green Bay, WI 54307 INSURERS AFFORDING COVERAGE NAIC# INSURED Jossart Brothers, Inc. INSURER A: Selective Insurance Company of 12H2 1682 Swan Rd INSURER B: DePere, WI 54115 INSURER c: INSURER D: INSURER E: ... . COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWitHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICAtE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I~il: ~~~~ TYPE OF INSURANCE POLICY NUMBER PRH~Y EFFECTIVE POUCY EXPIRATION UMITS GENERAL LIABILITY 51755027 07/31/2005 07/31/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE T9-'~ENTED $ 100,000 I CLAIMS MADE m OCCUR MED EXP (MY one person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 3,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 I !Xl PRO- nLOC POLICY JECT AUTOMOBILE UABIUTY 51755027 07/31/2005 07/31/2006 COMBINED SINGLE LIMIT - $ X ANY AUTO (Ea accident) 1,000,000 - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) A - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE UABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBREULA LIABIUTY 51755027 07/31/2005 07/31/2006 EACH OCCURRENCE $ 5,000,000 :]] OCCUR 0 CLAIMS MADE AGGREGATE $ 5,000,000 A $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC7253165 07/31/2005 07/31/2006 X I TVX~~T~r#-;, I IOJ~- EMPLOYERS' UABILlTY 100,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? EL, DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under 500,00(] SPECIAL PROVISIONS below E,L, DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ity of Oshkosh is additional insured regarding Contract'O.J=09":Utility work CERTIFICATE H LDE CANCELLA TI N City Manager c/o City Clerk's Office P.O. Box 1130 Oshkosh, WI 54903-1130 ENTATIVES. Lauri ACORD 25 (2001/08) o CORPC)RA TION 1988 C\TY ClE~'S O~ICE J ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 07/29/2005 PRODUCER (920)437-0587 FAX (920)437-4179 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Associates of Green Bay, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 419 s. Washington St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 10268 Green Bay, WI 54307 INSURERS AFFORDING COVERAGE NAIC# INSURED Jossart Brothers, Inc. INSURER A: Selective Insurance Company of 12572 1682 Swan Rd INSURER B: DePere, WI 54115 INSURER c: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERlqD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'l TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 51755027 07/31/2005 07/31/2006 EACH OCCURRENCE $ 1,000,000 f-- DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY $ 100,000 I CLAIMS MADE m OCCUR MED EXP (Anyone person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 f-- 3,000,000 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ 3,000,000 n POLICY m ~f'8;: n LOC AUTOMOBILE LIABILITY 51755027 07/31/2005 07/31/2006 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ - 1,000,000 ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS A - HIRED AUTOS BODILY INJURY - (Per accident) $ NON-OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESs/UMBRELLA LIABILITY 51755027 07/31/2005 07/31/2006 EACH OCCURRENCE $ 5,000,000 ~ OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000 A $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC7253165 07/31/2005 07/31/2006 X I T~~.JI~Iff; IOJ~- EMPLOYERS' LIABILITY E,L EACH ACCIDENT $ 100,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under E,L. DISEASE - POLICY LIMIT $ 500,000 SPECIAL PROVISIONS below OTHER ~~ESCRIPTlON OF OPERATIONS / LOCATIONS (VEHICLES (EXCLUSIONS ADDED BY ENDORSEMENT (SPECIAL PROVISIONS ncluded as an additional insured is the City of Oshkosh, the City's elected or appointed officials ~nd employees for liability arising out of work for utilities ~ htE~lC; b 11"' ~ i,t.Ii e nau Avenue ~ Fernau Court 0 "" n ^ II~ 1\' 1 ?nn" CERTIFICATE HOLDER CANCELL ~ol -- "" SHOULD A "OF E ABOVE DESCRIBED POLICIES BE CANCE LED BEFORE THE City of Oshkosh EXPIRATlC N Gb1MR~K.lrSIQ6fr~iD AVOR TO MAIL Attn: City Clerk ~D ,,,..,,,, o THE CERTIFICATE HOLDER NAMED TO THE LEFT, 215 Church Avenue BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR IJABILlTY P.O. Box 1130 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE Laurie Gasser-Olson, CISR ACORD 25 (2001/08) @ACORD CORPORATION 1988 ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 08/01/2007 PRODUCER (920)437-0587 FAX (920)437-4179 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Associates of Green Bay, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 419 S. Washington St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 10268 Green Bay, WI 54307 INSURERS AFFORDING COVERAGE NAIC# INSURED Jossart Brothers, Inc ~-~--~"~-'.'""- "l)J.su ERA: Cincinnati Insurance Company 10677 r::A! '::10 .... A ! 1682 Swan Rd . -r' '''1'"11 a .' 4 ,..,~ r 'tI(su ER B' Selective Insurance Company of 12!i72 -..,,-,, .-.- ." """'." . DePere, WI 54115 I {(1'- Loo~~~l:: , .. . , i i .~ER E. COVERAGES I. J i J . __"" _'''''_"_ ~ ~! ,THE POLlCIESOFINSURANCE LISTED B ~~s:vgR ;f~~ gNAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITI( ..' 'q}IJ' ," TO. Q.T:'E .. T WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOR[!bUCIES.DESGRIBEfl+fffi SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~i': ~~I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY TBD 07/31/2007 07/31/2008 EACH OCCURRENCE $ 1,000,000 7 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 I CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 Xl n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY TBD 07/31/2007 07/31/2008 COMBINED SINGLE LIMIT X (Ea accident) $ ANY AUTO 1,000,000 - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS A - HIRED AUTOS BODILY INJURY ---' (Per accident) $ NON-OWNED AUTOS - f-- PROPERTY DAMAGE $ . (Per accident) - ..... GARAGE LIABILITY ... AUTO ONLY - EA ACCIDENT $ . R ANY AUTO OTHER THAN EAACC $ ., ,.. AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY TBD 07/31/2007 07/31/2008 EACH OCCURRENCE $ 5,000,000 o OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000 A $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC7253165 07/31/2007 07/31/2008 X I T~g$T~N~ I IOJ~- EMPLOYERS' LIABILITY $ 100,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 100,000 If yes: describe under E.L. DISEASE - POLICY LIMIT $ 500,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ity of Oshkosh is additional insured regarding Contract 04-09-Utility work CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City Manager 2L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, c/o City Clerk's Office BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 1130 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE Laurie Gasser-Olson, CISR ACORD 25 (2001/08) @ACORDCORPORATION 1988