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Home My WebLink AboutWastewater Treatment Plant t qL~ CONSTRUCTION CONTRACT THIS AGREEMENT made on the ..r:i!:L. day of . ~/'"./ .20,&, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and BJIfk?6&A .,(McJAA-?Z>t2/i3:),..t '~r~&t/......e; /AIC-.. . ,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 fumishall of the materials and aU of the equipmEmt and labor neCessary, and to perform aU of the work shown on the plans and described in the specifications for the project entitled or described as.follows: Ana lyti cal laboratory' servi ces f.or Oshkos,h Wastewater Treatment Pl ant 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 comm~nced and the work completed within the time limits specified in the General Conditions and/or Contractor's proposal. ARTICLE III PAYMENT (a) The ContractSum The City shall pay to the Contractor for the performance of the Contract the sum of $ //~,~/f1"'~ . 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 inentioned figure is an estimated figure, and the City shall, in sum 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. 3 ~. '; . (b) Progress Payments In thE{event the time necessary to complete this Contract is suCh'that the 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 what~ver.which may in any way be caUsed by or resuit 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 thisContractorbe caused or result from any violation of any law or ' ' administrative regulation, and shall indemnify or ref\l'ld 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 consi~ts of the following ~ponent 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 and 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 otherwi~e specifically stated. AND IS HEREBY DEClARED, UNDERSTOOD AND AGREED that the word "Contractor" , wherever used in this Contract means the part of the second part and iu;, his or their legal representatives, successors and assigns. 4 tit . c-. 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. Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part has hereunto set its, his or their hand and seal the. day and year first above written. In the Presence of: ~~~ ~&VFM~ . ! ~Co ~/ ~.- ":- -,:t,':::"',::.:,;,t~:~:':-', ,"~' -;_:, - "- -:'.(;,-,: ",' ':<. CONTRACTOR By: fi}f. ~c./.c".../ CJ ~/'J...,.., , ~Ls/A__r (Specify Title) (Seal of Contractor, if a Corporation) By: 2~~~ .;!,L-<;. . --!;~ In the Presence of: =Y:ff~(J7'~{ (Seal of CUy) I hereby certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within Contract. [~~<I)a.OQ~~ Comptroller 5 .~ .. I,. BADGLAB-01 TASU ACORDTM . I CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 05/16/2006 PRODUCER (920) 739-7711 THIS CERTIFIl::ATE IS ISSlJED AS A llllATTEROF INFORMATION Insurance Services, Inc. ONLY AND CONFERS NO RIGHtS UPON THE CERTIFICAtE 122 E College Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTIEND OR PO Box 877 ALTER THE COVERAGE AFfORDED BY THE POLICIES BELOW. Appleton, WI 54912-0877 INSURERS AFFORDING COVERA(;E NAIC# ,', INSURED Badger Laboratories & Engineering Co Inc INSORERA Auto-Owners 32905 501 W Bell St INSURER B: Indian Harbor Insurance Company 36940 NeE!.nah, Vlf,1 54956- INSURER c: INSURER 0: ",; '. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE.D TO THE INSURED NAMED ABOYE FO~ tHE POLICY PERIQPI/lJDIC;\tED. NOTWITHStANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RE$P",CT TO vvH.ICHTHIS yERTIFICAtEMAY B",r$$U~[)O~ MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~: ~~~~ TVP'" I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ~NERAL LIABILITY I.' EACH OCCURRENCE $ 1,000,OO(J A X COMMERCIAL GENERAL LIABILITY '064623-61646951-06 01/01/2006 01/01/2007 ~~~~~H?E~~~~nCe\ $ 600,00(J 1--[ CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 10,00(J PERSONAL&ADVINJURY $ 1,000,00(J I-- 2,000,00(J I-- GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ Excluded 00 POLICY n ~~P.T n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00(J rx $ A ANY AUTO 46-646-951-00 01/01/2006 01/01/2007 (Ea accident) I-- X ALL OWNED AUTOS BODILY INJURY I--- $ SCHEDULED AUTOS (Per person) rx HIRED AUTOS BODILY INJURY I--- $ NON-OWNED AUTOS (Per accident) I-- 1--' .., PROPERTY DAMAGE $ , (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ OESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,00(J A OCCUR D CLAIMS MADE 46-646-951-01 01/0112006 01/01/2007 AGGREGATE $ 1,000,00(J $ ~ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND X I WC STATU- I IOTH- TORY LIMITS EI'L -- A EMPLOYERS' LIABILITY 06172361036838 01/01/2006 01/01/2007 100,00C I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ -~~ -----------~~-)C I OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ 100,00 If yes, describe under EL. DISEASE - POLICY LIMIT 500,00C - SPECIAL PROVISIONS below $ ! OTHER B iprOfeSSionallPOllution Liab PEC001681201 07/01/2005 07/01/2006 $1,000,000 Claim/Agg $25,000 Retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS The City of Oshkosh, the City of Oshkosh's elected or appointed officials, and employees shall be named as additional insureds on all liability policies for liability caused by project work CERTIFICATE HOLDER CANCELLATION Oshkosh, City of Stephen Brand Superintendent of Utility PO Box 1130 Oshkosh, WI 54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE FORI: THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) @ ACORD CORPOIRATION 1988