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HomeMy WebLinkAboutBadger Laboratories & Engineering Co, Inc CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 2nd day of M&y, 1986, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and BADGER LABORATORIES & ENGINEERING CO. INC. of 1110 So. Oneida St. , Appleton, WI 54915 , 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. 86-11 for industrial wastewater discharge sampling and analysis for Public Works Department , pursuant to Resolution #45 adopted by the Common Council of the City of Oshkosh on 1st day of May, 1986 , all in accordance and in strict compliance with the Contractor's proposal and the other contract documens 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 $21,431.00 , 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 1 a "Unit Price" basis, the above mentioned figure is an estimated 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 the negligent digging up of streets, alleys or public grounds or which may result from the faulty, carelessness or neglect of said Contractor, his agents, employees or workmen in the performance of said work or caused by the violation of any City ordinance, and shall refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demands within a reasonable time after demand thereof. 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 enumer- ated 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 "Con- tractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. 2 IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be sub- scribed 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. In the Presence of: CONTRACTOR r BADGER LABORATORIES & ENGINEERING CO. INC. C%� By: 1727'11S-o-pht-z- (Seal of Contractor Arthur B. Kaplan, President if a Corporation ) (Specify Title By: Stephen C. Taylor, hief Chemist (Specify Title) I CITY OF OSHKOSH f �+ By: 1 :(� ( i\tnesrs Will ' am D. Frueh, City Manager %/(, , / � i,.�1�. And: 4 Donna C.Serwas, City Clerk /�' Witness) y I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. Edward A. Nokes, City Comptroller Appro d as f rm: Atj Warren P. Kra , Ass , City Attorney 3 SET TAB STOPS AT ARROWS Certificate of Insurance j ccO(O THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. -i',> THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY J COMPANIES AFFORDING COVERAGES Hubley Insurance Services, Inc. P.O. Box 1751 COMPANY A Westchester Fire Insurance Appleton, WI 54913-1751 COMPANY B LI T'FR Integrity M surance • - NAME AND ADDRESS OF INSURED C Il COMPANY (C LETTER a Badger Laboratories & Engineering Company - - i 1110 South Oneida Street COMPANY' D N Appleton, Wisconsin 54911 ' ';S (. COMPANY E LETTER O.eih• This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. No°'t4'-r`' '' , equirem: t,term or condition 1 rD of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the •. le i.e here is subject to all the terms,exclusions and conditions of such policies. COMPANY ouc`r Limits of Liabilit �7 7r nialli) " LETTER TYPE OF INSURANCE �'OLICYNIMBER IXPIPA-'ION DATE EACH AGGREGA'F u OCCURRENCE GENERAL LIABILITY i BODILY INJURY $ 500 $ 500 • F'e ' T;OMP4EEHE NSiVE FORM I ' " PREMISES—OPERATIONS PROPERTY DAMAGE $ 500 $ 500 ❑ EXPLOSION AND COLLAPSE iii HAZARD '�I ❑ UNDERGROUND HAZARD 0 PRODUCTS/COMPLETED A OPERATIONS HAZARD 500 362780-5 8/17/86 BODILY INJURY AND AB CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ BROAD FORM PROPERTY COMBINED gli 47.74." DAMAGE INDEPENDENT CONTRACTORS 1 • U PERSONAL INJURY PERSONAL INJURY $ 500 I, AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ 300, COMPREHENSIVE FORM BODILY INJURY $ 500, ❑ (EACH ACCIDENT) OWNED B 23 52 04 413 8/17/86 PROPERTY DAMAGE $ 311, ❑ HIRED BODILY INJURY AND 111 NON-OWNED PROPERTY DAMAGE $ I COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM y WORKERS'COMPENSATION 1— STATUTORY and A EMPLOYERS'LIABILITY 408 39 20 64 8/17/86 $ 100, OTHER , I ,. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES rkf . . 5- ;aY 'a "? Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing corn- ,... , pany will endeavor to mail nil days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ) S,- NAME AND ADDRESS OF CERTIFICA I F HOL DEP: DarE ISSUED' June 16, 1986 City of Oshkosh C,:,' P.O. Box 1130 I �';, )''. Oshkosh, Wisconsin 54902 ..Lo. � � Z AUTHORIZED REPRESENTATIVE Attention: Donna Serwas :,';ACORD 25(1-79) ----__-_-_-___' w ` ' '^ ���/� `" "`~ ADDENDUM NO. 1 ~ `r^/^7 / � / CITY OF OSHKOSH CONTRA / -' TO THE CONTRACTOR: YOU ARE HEREBY DIRECTED TO MAKE THE FOLLOWING ADDITIONS AND CHANGES TO THE SPECIFICATIONS FOR CONTRACT 86-11 : A. SPECIFICATIONS Section GC-11 (b) Public Liability and Property Damage Insurance is hereby changed to read as follows: Puplic Liability Insurance in an amount o+ not less than r5C0 , 0�0 f�r injuries , i.�c� .�din� accioe�tal �e=tn co �ny one person, anb, subject to th same limit -for each person , in an amount of not less than $500,0()0 on account of one accident and Property Damage Insurance in an amount of not less than $500,000. The above changes are hereby incorporated into the Specifi- cations for city of Oshkosh contract 86-11 . The bidder shall indicate on page 1 of the proposal that he acknowledges receipt of this addendum. Gerald F. Konrad Director of Public Works Date: April 25, 1986 Page 4. p General Conditions the Owner's approval of materials and equipment before they are incorporated in the project. "NOTICE", where in any of the contract documents there is any provision in respect to the giving of any notice, such notice shall be deemed to have been given: as to the Owner, when written notice shall be delivered to the Engineer of the Owner, or shall have been placed in the United States mail addressed to the Clerk or Secretary of the Owner at the place where the bids or proposals for the contract are opened; as to the Contractor: When a written notice shall be delivered to the chief representative of the Contractor at the site of the project or by mailing such written notice in the United States mail addressed to the Contractor at the place stated in the papers prepared by him to accompany his - proposal as the address of his permanent place of business; as to the Surety of the performance bond: When a written notice is placed in the United States mail addressed to the Surety at the home office of such surety or to its agent or agents who execute such performance bond in behalf of such surety. "COMPLETED WORK" is understood to mean work which has been accepted by the Engineer and recommended to the Owner as having been performed in accordance with these specifications. Completed work may be accepted but not paid for in full until the entire ; < contract has been completed and accepted. GC-10 CONTRACT SURETY The Contractor shall furnish a surety bond (form attached) in an amount of at least equal to 100 per cent of the contract price as surety for the faithful performance of this contract and for the payment of all persons performing labor and furnishing materials in connection with this contract. GC-11 CONTRACTOR'S INSURANCE . ; The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor • has been so obtained and approved. • (a) Compensation Insurance: The Contractor shall take out and maintain during the life of this contract Workmen's Compensation Insurance for all his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensa- tion Insurance for all the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case the class of employees engaged in hazardous work under this Contract at the site of the project is not protected- under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate insurance coverage for the protection of his employees not otherwise protected. l; ;'x Page 5. General Conditions (b) Public Liability and Property Damage Insurance. The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor per- forming work covered by this contract from claims and damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from opera- tions under this contract, whether such operations be by himself or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount of not less than `�'" �� _ V1,000,000 for injuries, including accidental death, o-any one person, and, subject to the same limit for each person, in an amount of not less than $3,000,.000..on _ account of one accident and Property Damage Insurance in an amount of not less than $1,000,000. Ally subcontractor not covered by the Contractor's public liability and property damage insurance shall carry Owner's Protective 5 and Subcontractor's Liability Insurance in the same amounts. The Contractor shall be responsible for a subcontractor's carrying the insurance herein required. (c) Insurance Covering Special Hazards: The following special hazards shall be covered by a rider or riders to the Public Liability and/or Property Damage Insurance Policy or Policies herein elsewhere required to be furnished by this Contractor or by separate policies of insurance, in amounts as follows: Public Liability Property Damage Insurance Insurance Operations of _ - _ _-_ . __ __ Trucks and Auto $300,000/$500,000 $300,000 The insurance coverage shall in all instances save, defend, indemnify and hold harmless the City against any and all manners of claims, demands, liabilities, damages or any other costs which may accrue in the protection of the work and that he will save, defend, indemnify, and hold harmless the City from all damages caused by or as a result of his operations. No insurance shall be cancelled without notifying the Owner in writing thirty (30) days before such cancellation. See Contractor's responsibility for damaged work. GC-12 PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Owner with satisfactory proof of carriage of the insurance required. Satisfactory proof shall consist of a duplicate or photostat copy of the certification of insurance.