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Home My WebLink AboutLeach Amphitheater-CR Meyer ~~L CONSTRUCTION CONTRA CT THIS AGREEMENT, made on the dJS day of December, 2004, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and C. R. MEYER & SONS, 895 W. 20TH Ave., PO Box 2157, Oshkosh, WI 54903-2157, 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 design and construction of two restroom buildings in Riverside Park, as noted on the attached site plan, pursuant to Resolution 04-459 adopted by the Common Council of the City of oshkosh on the 14th day of December, 2004. Construction activities may commence on Restroom #1 (see attached site plan) upon issuance of an Order to Proceed by the City of Oshkosh. The City will provide separate authorization to proceed with construction of the restroom structure nearest the River (Restroom #2 as noted on the attached site plan). Construction of Restroom #2 is contingent upon approval by Wisconsin Public Service Corporation. Work shall be in accordance and in strict compliance with the Contractor's proposal and 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. ARTI CLE III. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $661,806.00, 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 1 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 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. 2 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. ( eal of Contractor if a Corp9J:ation.) ~- -.../ - APPROVED: '\ By: CITY_OF OSH K. aSH~ By:~A .. J3ictlard A. Wollangk, City ..,.-- I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. 2Q{AJ~AAP a ~ City Comptroller 3 895 W. 20th Avenue, P.O. Box 2157 Oshkosh, WI 54903-2157 (920) 235-3350 Fax (920) 235-3419 n~.'""",¡=,¡¡, f~"'D n,c.-' .~~n, g,,~..: '~""""~E!:r ¡be", DEC 1 7 2004 COMMUNITY DEVELOPMENT December 15, 2004 Building Solutions Since 1888 Mr. Jackson Kinney City of Oshkosh 215 E. Church Avenue Oshkosh, WI 54902 Reference: Riverside Park Restrooms Dear Mr. Kinney: As a further breakdown of the costs for this project, we hereby submit the following: . Division 1: Design & Drawings, Management & Supervision, T erriporaryFacilitiesänd 'Services, Equipment,Freight;BOndänd StåteSubmittarFees., ,", , ", $49,855.00 . DWisióh 2:' Earthwórk,Eròsiòn.Cóntrbl, Pilirtg(lnetUdesWinter Conditions).' " ... " $50,521.00 . Division 3: Concrete Foundations and Flatwork (Includes Winter Conditions). $60,500.00 " , . , ".. ,Division 4: Co!yreq.$pHt.,face Cçmcret~MaSOi1ïý to match leach Paviliòn (IncluqesWinterConditions)., " , $143,640.00 . ' Division 5: Miscellaneous Metals. $1,082.00 . Division 6: Wood Trusses, Plywood Roof Sheathing, Plywood Ceiling Sheathing, PlywoodSOffits¡WoÒd Sub-fasclâ"PlheTrim'. , $46,387.00 ,.' . Division 7: Fiberglas Batt Ceiling Insulation, Colored, Standing Seam MetalRóof, MetalSbffits, Metal FasciaÎDownspóufsandGtitters, Attic Access Hatch, Caulking and Sealants. " , $53,726.00 share~eb~etters\riverside park restrooms.doc City of Oshkosh December 15, 2004 Page - 2 . Division 8: Hollow Metal Door Frames, Hollow Metal Doors, Door Hardware. $12,685.00 . Division 9: Gypsum Ceiling, Taping & Finishing Gypsum, Epoxy Paint on Interior Walls and Ceilings, Masonry Sealer on Exterior. $25,113.00 . Division 10: Metal Toilet Partitions, Toilet Room Accessories. , $29,678.00 . Division 15: Design, Submittal, and Installation of Ventilation Systems, Tie-in to Sanitary Sewer and Water Service, 10 Wall-hung Urinals, 42 Floor-mounted Water Closets, 32 Wall-hung Lavatories, 2 Floor- mounted Janitor's Sinks, Floor Drains & Clean-outs, Plumbing Design and Submittal. $151,524.00 . Division 16: 2 - 100 amp Three Phase Panels, 60 Interior Light Fixtures, 10 Power Receptacles, 2 Water Heater Hook-ups, 8 Occupancy Sensors, 10 Exterior Soffit Lights with Dusk to Dawn Control, 4 Exhaust Fans, Design and Submittal. TOTAL COST: $37,095.00 $661,806.00 If we can be of further assistance, please feel free to contact us. Sincerely, C. RMËYER ANDSONShCOMÞANY . ~v~ Larry B own Projec Manager cc: Paul Timm, STS Consultants r t !' J!! ¡ l U 'II ~ "1! ã. t ¡~ £ ,¡ ~~ j Ii i = 'II ~& ~ ~ ;1 . i ¡¡;. I - ¡! £ J! ..ß