HomeMy WebLinkAboutWood Sewer & Excavating, Inc./Storm Sewer Lateral/ Contract 17-20 /Z ql q
CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 28th day of June, 2017,by and between the CITY
OF OSHKOSH,party of the first part,hereinafter referred to as CITY, and Wood Sewer&
Excavating,Inc.,E9238 County Road X,New London,WI 54961,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. 17-20
for Storm Sewer Lateral/Various Locations in the City of Oshkosh,for the Public Works
Department,pursuant to Resolution 17-303 adopted by the Common Council of the City of
Oshkosh on the 27th day of June, 2017, 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 Special 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
Three hundred thirty-three thousand four hundred seventy-three dollars and 00/100
($333,473.00), adjusted by any changes as provided in the Specifications, 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
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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) 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 Specifications.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The CONTRACTOR covenants and agrees to protect and hold the CITY 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 maybe 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. INSURANCE
The Insurance required by the City of Oshkosh as specified in the CITY's
specifications, including addenda, or plans, or instructions, or advertisements, shall be
primary coverage and that any insurance or self insurance maintained by the City of
Oshkosh,its officers,council members,agents,employees or authorized volunteers will not
contribute to a loss. All insurance shall be based upon the occurrence of an event, and not
based on claims made. All insurance shall be in full force prior to commencing work and
remain in force until the entire job is completed and the length of time that is specified, if
any, in this Contract, the Specifications, whichever is longer.
ARTICLE VI. 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. This Instrument
2. The City's Plans and Specifications, including all Addenda's
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3. City of Oshkosh Standard Specifications
4. Instructions to Bidders
5. Advertisement for Bids
6. Contractor's Proposal
The Contract Documents are complementary;what is required by one is as binding
as if required by all. Before undertaking each part of the work, the CONTRACTOR shall
carefully study and compare the Contract Documents and check and verify all pertinent
figures and measurements required therein. CONTRACTOR shall promptly report in
writing to the Engineer any conflict, error, ambiguity or discrepancy which
CONTRACTOR may discover and shall obtain written clarification from the Engineer
before proceeding with any work affected thereby.
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.
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.
In the Presence of: CONTRACTOR
Wood Sewer &Excavating, Inc.
By:
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CITY OF OSHKOSH
By:
Mark A. Rohloff City Manager
Witn ss)
And
(A kl)�
wit�t)ess) Pamela R. Ubrig, City derk
APPROVED: I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
A A A A(J�t
7--y
nn TLor-' en—sonlity Attorney]
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Trena Larson, City Comptroller
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