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HomeMy WebLinkAboutPW CNT/Jossart Brothers """ OR\GINAL CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 29th day of October, 2004, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and JOSSART BROTHERS, INC., 1682 Swan Rd., DePere, WI 54115, 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 utilities Northwest Industrial Park/Fernau Avenue & Fernau Court, pursuant to Resolution 04-389 adopted by the Common Council of the City of Oshkosh on the26th day of October, 2004, 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 $409,705.00, 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 0.1' .. (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 1.,. \.. 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. I n the Presence of: CONTRACTOR JOSSART BROTHERS, INC. By: .Æ ~A -,--/ c.;/'~. - Je~So~~~~~~ (Specify Title) --.......... (Seal of Contractor if a Corporation.) . . r By: ~. (Specify Title) ~L(~~~ f1d ¥~ /~CA (Witness) CITY OF OSHKOSH o.^ BY:~~ Richard A. Wollangk, Cit ----- .-- And: APPROVED: 4~~!~ I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ~Q,A~O~~' City Comptroller 3 \ PERFORMANCE BOND #ILlFSU0345438 KNOW ALLMEN BY THESE PRESENTS, that Jossart Brothers, Inc.. pe Pere, Wisconsin . Contractor, as principal, and International Fidelity Insurance Company ,as surety, are held andTlrmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of Four Hundred Nine Thousand Seven Hundred Five and 00/100 ------------------:---(Oollars) ($ 409,705.00 --------------------------------------- ) to be paid to the Owner for which payment well and truly to be made we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns firmly to these presents. THE CONDITIONS OF THE ABOVE, OBLIGATIÇ)NS are such that WHEREAS, the said Jossart Brothers, Inc. did, on the 29th day of October ' , 20 04 , by articles that date, enter into a Contract with the Owner for the Utilities for Northwest Industrial Park - Fernau Avenue & Fernau Court, Oshkosh, Wisconsin. . - NOW, THEREFORE, if the said Contractor shall save and hold harmless the said Owner from all public liability and damages of every description in connection therewith. shall well and faithfully in all things fulfill the said Contract, according to all the conditions and stipulations therein contained, in all respects, and shall save and hold harmless the said Owner from and against all . liens and claims of every description in connection therewith, including payment for all materials, labor and equipment, then this obligation shall be void and of no effect, but otherwise, it shall remain in full force and virtue, and in the event that the said Owner shall extend the time'for completion of the work or otherwise modify elements of the Contract in accordance with provisions thereof, such extensions of time or modifications of the Contract shall not in any way release the sureties of this bond. 1 } WITNESS OUR HANDS AND SEALS this 1 st day of November ,2004. In the Presence of: ATTEST: Jossart Brothers, Inc. ~ By: £-, . - International Fidelity Insurance CornJ:¿any . (SEAL) Surety BY:~~ ~ (SEAL) Joyce Novak, Attorney-in-Fact (SEAL) - (SEAL) ~~~. WITNESS: cdA/1r.fn'f r~ 2