The URL can be used to link to this page

Home My WebLink About25-08 Dorner Const Contract_12-12-24 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-08 Central St\Administrative\Contract Information\Contractor-Consultant Agreements\Dorner\25-08 Dorner Const Contract_12-12-24.docx Page 1 of 3 CONSTRUCTION CONTRACT THIS CONTRACT, made on the 11th day of December, 2024, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and DORNER, INC., E506 Luxemburg Road, WI 54217, 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. 25-08 for Central Street Reconstruction, in the City of Oshkosh, for the Department of Public Works, pursuant to Resolution No. 24-653 adopted by the Common Council of the City of Oshkosh on the 10th day of December, 2024, 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 Five Hundred Two Thousand Three Hundred Forty Nine Dollars and Twenty Cents ($2,502,349.20), 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: 9DCB9E63-9649-443B-945D-B1C711BFF7AE I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-08 Central St\Administrative\Contract Information\Contractor-Consultant Agreements\Dorner\25-08 Dorner Const Contract_12-12-24.docx Page 2 of 3 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. 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. Docusign Envelope ID: 9DCB9E63-9649-443B-945D-B1C711BFF7AE I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-08 Central St\Administrative\Contract Information\Contractor-Consultant Agreements\Dorner\25-08 Dorner Const Contract_12-12-24.docx Page 3 of 3 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: _____________________________ ____________________________ Daniel Dorner (Seal of CONTRACTOR President if a Corporation) By: _____________________________ _____________________________ (Specify Title) CITY OF OSHKOSH _____________________________ By: _____________________________ (Witness) Mark A. Rohloff, City Manager _____________________________ And: _____________________________ (Witness) Diane M. Bartlett, 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 Docusign Envelope ID: 9DCB9E63-9649-443B-945D-B1C711BFF7AE Docusign Envelope ID: 9DCB9E63-9649-443B-945D-B1C711BFF7AE Docusign Envelope ID: 9DCB9E63-9649-443B-945D-B1C711BFF7AE Docusign Envelope ID: 9DCB9E63-9649-443B-945D-B1C711BFF7AE Docusign Envelope ID: 9DCB9E63-9649-443B-945D-B1C711BFF7AE Docusign Envelope ID: 9DCB9E63-9649-443B-945D-B1C711BFF7AE Docusign Envelope ID: 9DCB9E63-9649-443B-945D-B1C711BFF7AE Docusign Envelope ID: 9DCB9E63-9649-443B-945D-B1C711BFF7AE Docusign Envelope ID: 9DCB9E63-9649-443B-945D-B1C711BFF7AE