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Home My WebLink AboutRLAM 08-14CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 12th day of September, 2008, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and RLAM, 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: for concrete paving and utilities, Public Works Contract No. 08 -14, pursuant to Resolution 08 -331, adopted by the Common Council of the City of Oshkosh on the 11th day of September, 2008, 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 $256,457.00, 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 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. APPROVED: ity Attorn CONTRACTOR R INC. By: (Specify Titl ) By: (Specify Title) CITY OF OSHKOSH By: MaK A. Rohloff, Ci y Manager And: Pamela R. Ubrig, City_Ufark I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. 0, W&-e'n City Com troller 3 (Seal of Contractor if a Corporation.) Bond 3-992-547 THE AMERICAN INSTITUTE Of ARCHITECTS AIA &<xu(nent AV2 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall b-e considered plural where. applivable. CONTRACTOR (Name and Address). 5(lRfTY tName and Princinall Place of Hnsinrss)- RLAM, Inc. The Ohio Casualty Insurance Company 9450 Seward Rd 1110 Dartford Rd Ripon, WI 54971 Fairfield, OH 45014 OWNER iNarne and AddreSs): City of Oshkosh 215 Church Ave, Rm 1.04 P.O. Box 1130 Oshkosh, WI, 54901 CONSTRUCT'ION CUNIRACI 110e: September 12, 2008 Amount; $256,457.00 Two Hundred Fifty-Six Thousand Four Hundred Fifty-Seven Dollars and 00/100 Description (Name and tocationh p Works Contract No. 08-14 BOND Date (Not earlier thin Cons&uction Contract Date)- September 12, 2008 Amount: $256,457.00 Two Hundred Fifty-Six Thousand Four Hundred Fifty-Seven Dollars and 00/100 Modifications to this Bond: X Nont! See page 3 CONTRACTOR ASY-RINCIPAI, SURETY ate Seal! - IN , - r Company I.Cor'Por, compal -or rate �Scal) RLAM Inc The Ohio Casualty I ' n ura nce om ,5ura7jny Signature --Signature. ____11/ � �,_. Name and I I Nantes and Ti I le: Michael J. Douglas (Anv additional signatures appear on page 3) Attorney-in-Fact (FOR INFORMATION ONLY —Name, Addre,5s and Telephonel AGENT or BROKER. OWNER'S REPRES1ENTA7'IVE IAruhitecl,, Efipineer or J.Ryan Bonding, Inc. other party):Owner P.O. Box 465 Hudson, WI 54016 (715)377-8230 MA DOCUMENT A= - FTWTOR&% C( 80 AND PANNIEN I WYND • DECOAMR N"4 10, - AtA R V IT. AMERICAN I NSTIlUiL OF ARCMUCTS, E7.0 M"' VORK AVt . N-W., WAS W"'G ION, Im" 2fmKw A312-1984 1. THARD CJ7l /,Lt)rjo rive G4 zl4v(40JU4li ..' Ir J.JILLIIIVII MuLI \V.1_. _ ..._... I /'1\:i l lu1 . "..._ A 'oRD. CERTIFICATE OF LIABILITY INSURANCE R &R MIA (PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF I THE DIEDRICH AGENCY INC. ONLY AND CONFERS NO RIGHTS UPON THE CEF HOLDER. THIS CERTIFICATE DOES NOT AMEND, PO BOX 306 ALTER THE COVERAGE AFFORDED BY THE POLI RIk'ON 9P2 54971 Phone: 92D-748-2811 Fax-FAX 748 -5044 INSURED R & It WASH MATERIALS, INC. AND RLAM INC (RIPON LIXE & MATERIALS) 11 o DAR RD RIPON WI 54971 ! INSURERS AFFORDING COVERAGE i . INSURER A: . REGENT INSt5mNCE CO INSURER 0; GMMF-'k1, CASUALTY CO OF WI INSURER C7 „ INSURER D; UUVERAGES THE POUCIEC OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR D BY THE POLICIES DESOTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE mAV DE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDECRIBED HEREIN IS SUBJECT TO ALL TH TERM$, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .TIT NSR TYPE OF INSURANCE ! _ POLICY N UMOBR I POC EFFECTiI/p - POUCV 120WAT'ION GENERAL LIABILITY A i X I CO I CC10036366 I„ CLAIMS MADE I X I OCCUR GEN L AGGREGATE LIMIT APPLIES PER; POLICY IX I JECT : LOC AUTOMOBILE LIABILITY 33 I I g ANY AUTO i CEIA0036366 ! I' ALI. OWNED AUTOS SCHEDULED AUTOS i I I HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY AN YAUTO EXCEMUMBRELLA UARILITY b I IX I OCCUR j CLAIMS MADE I CCLT0 0 3 6 3 6 6 ! I DEDUCTIBLE IX I RETENTION $10000 ! WORKERS COMPENSATION AND A 11?MPLOYERV LABILITY ANY PROPRIETOR/PARTNERIEXFCUTIVE OFPICEWMEMBER EXCLUDED? IF yeas dascnbe tMd0 SPECIAL PROVISIONS below OTHER DA E MMIDDlYY DATE MMIOOr1 Y I OMITS I EACH OCCURRENCE I S 1 O 0 0 0 0 0 10/01/08 DA'E71'AGE TO - RR"ED 10101109 PREMI3E5(Eaeccvrence) I S 100000 MED EXP (Any one person) $ S O O D I i ( PERSONAL &A13VINJURY .. I ! s 10000 1 GENERAL AGGREGATE 1$ 3.0 0000 ' 0 0 0 0 0 0 PRODUCTS - COMP /OPAGG , $ 1000000 i 10/01/08 COMBINED SINGLE LIMIT 10/01/09 I (Ea acoldent) 1 $ 1000000 I I I SOCILYINJURY ! $ (Perperson) 80DILY INJURY t (per accident) I $ I I I PROPERTY DAMAGE $ ! (Per accdent) ! i ALITO ONLY + EA ACCIDENT '$ ( OTHER THAN EAACC S I AUTO ONLY; A S EACH OCCURRENCE 1 13000000 10/01/08 i 10/01/D9 AGGREGATE S 3000000 $. �,r"v� X I TORY LIMITS ER CWC0036366 10/01/08 I 10101109 E.LEACHACCIDENT I S 100000 G.L. DISEASE - EA EMPLOYEE( S 3.00()00 E.L. DI3E ASE- POLICYLIMIT I S 500000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CMTIFICATE HOLDER IS LISTED AS AN ,ADDITIONAL INSURED REF: ACTIVITIES GRANT.SD IN CONTRACT 08- PAIC 920-236-4-1-V9 so48 CERTIFICATE HOLDER CANCELLATION OSHK00 S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BECORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY OF OSHKOSH IMPOSE NO 08 OR UAW OF ANY KIND UPON THE INSURER, ITS AGENTS OR FO BOX 1130 REPRESENTATIVE=, O SHKOSH WI 54903 -1130 AUTHORIZED REPRIISENT VE John C. Die h ee ACORD 25 (20D1l06) v TION 198' DATE (MMlDD/YYYY) TIFICATE EXTEND OR I NAIC # 1 24414 24414