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Construction Contract Form_3-15-23.docx
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CONSTRUCTION CONTRACT
THIS CONTRACT, made on the 15th day of March, 2023, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARL BOWERS & SONS
CONSTRUCTION COMPANY, INC., N1844 Maloney Road, Kaukauna, WI 54130, 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. 23-07
for Water Main Replacements – Various Locations, in the City of Oshkosh, for the Department of
Public Works, pursuant to Resolution No. 23-105 adopted by the Common Council of the City of
Oshkosh on the 14th day of March, 2023, all in accordance and in strict compliance with the
CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE VII. 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 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
Two Million Three Hundred Twenty Seven Thousand Eight Hundred Ninety One Dollars and
Twenty Cents ($2,327,891.20), adjusted by any changes as provided in the Specifications, 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 Specifications.
DocuSign Envelope ID: FA079A91-FD5C-43F6-9780-17EC515E0717
I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-07 Wtr Mn
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Construction Contract Form_3-15-23.docx
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ARTICLE IV. STANDARD PROVISIONS
The CONTRACTOR agrees in all hiring or employment made possible by or resulting from this
CONTRACT, there will not be any discrimination against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
ARTICLE V. 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, their agents or assigns, their
employees, or their 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 VI. INSURANCE
The Insurance required by the CITY 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, 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, or the Specifications, whichever is longer.
ARTICLE VII. 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. This Instrument
2. The CITY’s Plans and Specifications, including all Addenda’s
3. Current edition of the Standard Specifications for City of Oshkosh, Wisconsin
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.
DocuSign Envelope ID: FA079A91-FD5C-43F6-9780-17EC515E0717
I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-07 Wtr Mn
Repl\Project_Information\Contract Info\Contractor-Consultant Agreements\Bowers\23-07 Bowers
Construction Contract Form_3-15-23.docx
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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/her/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/her, or their hand and seal the day and year first above written.
In the Presence of: CONTRACTOR
____________________________ By: _____________________________
____________________________ Bill Bowers
(Seal of CONTRACTOR Secretary/Treasurer
if a Corporation)
By: _____________________________
_____________________________
(Specify Title)
CITY OF OSHKOSH
_____________________________ By: _____________________________
(Witness) Mark A. Rohloff, City Manager
_____________________________ And: _____________________________
(Witness) Jessi L. Balcom, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this CONTRACT.
_____________________________
City Attorney
___________________________________
City Comptroller
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