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HomeMy WebLinkAboutConstruction Agreement- Vinton Construction Co 4--? CONSTRUCTION CONTRACT THIS AGREEMENT,made on the 121h day of September, 2018,by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Vinton Construction Company, Inc., P.O. Box 1987, Manitowoc, WI 54221-1987, 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. 18-14+alternate 1 for Oshkosh Avenue Area Redevelopment Infrastructure Improvements, for the Public Works Department, pursuant to Resolution 18-486 adopted by the Common Council of the City of Oshkosh on the 11f day of September, 2018, all in accordance and in strict compliance with the CON`I'RACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE H. 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 Special 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 Three million one hundred twenty-six thousand five hundred eighteen dollars and 07/100 ($3,126,518.07), adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, 1 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 Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY 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 maybe 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. INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's specifications,including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based'on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this Contract, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This Contract consists of the following component parts, all of which axe as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2 2. The City's Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids 6. Contractor's Proposal The Contract Documents are complementary;what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. 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. 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: CONTRACTOR Vinton Construction Company, Inc. Bv;lllo,Oe &EL J. MAPJ_69" PRESIDENT (Seal of Contractor (Specify Title) if a Corporation.) By: CTI (Specify Title) -7- 1 0, 3 CITY OF OSHKOSH By: Mk A. Rohloff,, City Manager qWitness) And: tW�itness) Pamela R. 'Ubrig, City C erk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will. accrue under this contract 4n A. 14,o r�e n4—s-onCity'Attorney Trena Larson, City Comptroller 4