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HomeMy WebLinkAboutWastewater 2006 &:tj i;e~-k~ CONSTRUCTION CONTRACT THIS AGREEMENT made on the 10th day of April ,20~, by and between the r"1T'V' r\.,- ^~HV^C't-u __..&.... _& .i.L....._ .c:.._", __...... h_.._;_......u"... r-.+_v-I""",.,a .f.~ .,...,.~ 4-h./"") ('ITV "::l""',....I \.JI I I vr vv ro..vvn, tJaHY VI 1I1~ 11I;:>l /Jail, II'='I '='IIIGlHCI I CICII C'-I LV GI;:> tile VI I I I CU 1'-1 Northern Lake Service, Inc. ,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 describE~d in the specifications for the project entitled or described as follows: Analytical Laboratory Services for Oshkosh Wastewater Treatment Plant 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 $ 20,142.00 , adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the partie:s 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\ \ J 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. CONTRACTOR TO HOLD CITY HARMLESS ARTICLE IV 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 whatsoeverwl1ich 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 Of, if not attached, as if hereto attachl~d: 1. General Conditions 2. Advertisement for Bids 3. Instructions to Bidders 4. Specifications, including and Addenda 5. Plans 6. Contractors Proposal 7. This Instrument In the event that any provision in any of the above component parts of this Contract conflicts with anv Drovision in any other of the component parts, the provision in the ... . - .... - ~ component part first enumerated above shali govern over any other component part wnich follows it numerically except as may be otherwise 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 its, his or 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 Manager and City Clerk and .......-.. .-,,---=---....1 1-...... .&.J....._ r"-_.--....r_II_... _+ ,f"Oo._;"" ";''''1 """Il""'l...... .f.ho r\.~,..h.l "'.; f.hg e-o,...nnrl r'\~ri ha~ l,;UUllll:::l ;::'I~I II:::U uy U I'=' '-'VI I ItJlI VII'='I VI ;:>alu '-'IlY, GIllY lIle pal L] VI 1I1 """'''"''"'' ,'-' 1-''"'" II "" hereunto set its, his or their hand and seal the day and year first above written. InthlJ~ ~~ Clare Russell CON~TCT ;{ Bu' 1 J. Ronald T. Krueger President (Specify Title) (Seal,of Contractor, if a Corporation) By: ~~ Clare Russell Business ~1anager Dated by City of Oshkosh this day of April~ 2006. (Seal of City) I hereby certify that provisions have been made to pay the liability that will accrue to thE3 City of Oshkosh, Wisconsin, under the within Contract. ~~Qt~ Comptroller <:' ACORD", CERTIFICATE OF LIABILITY INSURANCE CSR cs I DATE (MMlDDIYYYY) NOLAK-l 04/19/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wausau Partners, LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENIO OR 210 McClellan St Suite 305 ALTER THE COVERAGE AFFORDED BY THE POLICIES BIELOW. Wausau WI 54403 Phone: 715-842-2869 Fax: 715-845-2722 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: West Bend Mutual Insurance CO INSURER B: Greenwich Insurance Company Northern Lake Service, Inc INSURER C: 400 N Lake Ave INSURER 0: Crandon WI. 54520 INSURER E: , COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CE:RTIFICATE MAY BE: ISSUED OR 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. LTR NSRi TYPE OF INSURANCE POLICY NUMBER PD~';!~1J~rJ'~~E Pgk!feY(~~b~~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X COMMERCIAL GENERAL LIABILITY BAU 0687340 01 09/27/05 09/27/06 U/'\IV~~'=. $ 100,000 PREMISES (Ea occurence) I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5, 000 PERSONAL & ADV INJURY $1,000,000 - GENERAL AGGREGATE $ 2 , 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $2,000,000 Ii .nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ~ $1,000,000 A ~ ANY AUTO CPU 0687341 01 09/27/05 09/27/06 (Ea accident) - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I - ----'- HIR.E.D AMJ9.:;;. . . BODILY INJURY $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ~ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $1,000,000 A ~ OCCUR D CLAIMS MADE CPU 0687343 01 09/27/05 09/27/06 AGGREGATE $ 1,000,000 $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ITORY LIMITS I lOIf1- ER A EMPLOYERS' LIABILITY VLU 0687342 01 09/27/05 09/27/06 $100000 ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 100000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 500000 SPECIAL PROVISIONS below OTHER B Professional & PEC 000547405 09/01/05 09/01/06 Occurrenc 2,000,000 Pollution Liabilit Aqqreaate 2 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The Certificate Holder is added as Additional Insured under the Named Insured's Pollution Liability policy, but only as required by contract & only for work provided for the Holder, by or on behalf of Named Insured. CERTIFICATE HOLDER City of Oshkosh Attn: Steve Brand PO Box 1130 Oshkosh WI 54903-1130 CANCELLATION OSHKOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 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, 11'S AGENTS OR REPRESENTATIVES. A ORIZED EPRESENT TIVE @ ACORD CORPORATION 1988 ACORD 25 (2001/08)