HomeMy WebLinkAboutPW CNT 89-09 CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 2nd day of June, 1989, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY, and COPPENS CONSTRUCTION CO. of P.O. Box
1952 , Appleton, WI 54913 , party of the second part, hereinafter
referred to as the CONTRACTOR,
WITNESSETH: That the City and the Contractor, for the consid-
eration 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. 89-09
for sanitary sewer, storm sewer & water main, Second Add. to Fox Chase
Plat, pursuant to Resolution 115 adopted by the Common Council of the
City of Oshkosh on 1st day of June, 1989,
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 con-
tract the sum of $429, 866. 00 , adjusted by any changes as provided in
the General Conditions, or any changes hereafter mutually agreed upon
1
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.
(b) Pro7ress 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.
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused
2
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
COPPENS CONSTRUCTION CO..
.4,T) ..J.4.--71 ,/'/,;(-: :!/ . . ,---- , ,
By: / /;`�4 ---
e i
(Seal of Contractor (Specify Title)
if a Corporation. )
By:
(Specify Title)
CIT OF OSHK H
7 By: (AK_
�� ;�� 1 . ) � Wi yam D. Frue , City Manager
( itne )
( a±hth And: ' lam(Witness) Donna C. Serwas,' City Clerk
APP VED: I hereby certify that the necessary pro-
visions have been made to pay the lia-
r ' bility which will accrue under this con-
tract.
ity &.a----
� {�
tJi�U'ca-L�C VL ti.!
City Comptroller
3
Wausau
Any correspondence in relation to this
_ Insurance bond should be directed to:
. „,, Wausau Insurance Companies
Bond Department
.. m ' Companies 2000 Westwood Drive
, .k.
R Box 8017
PERFORMANCE BOND Wausau, Wisconsin 54402-8017
KNOW ALL MEN BY THESE PRESENTS: Bond Number 0150-63-080344C
Coppens Construction Company, Kenneth Coppens, Proprietor
That name and address or legal title of Contractor)
P.O. Box 1952, Appleton,insert WI (5411
as Principal, hereinafter called Contractor, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
•
(Here insert full name and address or legal title of Surety)
400 Westwood Drive, Wausau, WI 54401
' s,Suretv, hereinafter called Surety, are held and firmly bound unto
City of us os
Oshkosh, Wisconsin
(Here insert full name and address or legal title of Owner)
Four Hundred Twenty—Nine Thousand Eight Hundred Si y hereinafter called '1e6ii'.ttU amount of
Dollars(S ),
for the payment whereof Contractor and Surety bind themselves, their heirs,executors,administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated , 19
entered into a contract with Owner for Contract No. 89-9
Sewer and Water Construction
(Here insert full name,address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Contract.then this
obligation shall be null and void;otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall he,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the
Surety may promptly remedy the default,or shall promptly
I) Complete the Contract in accordance with its terms and conditions. or
2) Obtain a hid or bids for completing the Contract in accordance with its terms and conditions.and upon determination by Surety of the lowest responsible
bidder,or,if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder•arrange fora contract between such bidder
and Owner,and make available as Work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion
arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and
damages for which the Surety may be liable hereunder.the amount set forth in the first paragraph hereof.The term"balance of the contract price,"as used in this
paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner
to Contractor.
Any suit under this bond must he instituted before the expiration of two(2)years from the date on which final payment under the Contract falls due or before the
expiration of one(I)year from the Date of Substantial Completion of the Project, whichever is later.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators
or successors of the Owner.
Signed and sealed this 7th day of June 19 89
Coppens Construction Company
— (Principal) (Seal)
(Witness) /7-:-7,f,..;'
ir
By
(Title)
J�_
Q EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
/_ ,p_ (Surety) (Seal)
(Witness)
duncLcL.‘4A.
By
(P)515-4235 787 PR T D. GSA
Linda Franz J ,ict)
No. 201-044- 000457
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under
the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of
Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint
ITNDA FRAN7
its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,
seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN
OBLIGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF FIVE MILLION
z DOLLARS ($5,000,000).
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CC and to hind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with
Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
CC attorney-in-fact may do in the premises.
< This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
Lu meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect:
Q "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF
WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying
H the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
0 Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be,
z and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach
w thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." '
O "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
0 A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and
I— any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding
w upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
2 to any bond, undertaking or contract of suretyship to which it is attached."
�R H IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
V signed by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day
Z to of AUGUST , 193i.
— tn
Z = '''" •"\ EMPLOYERS INSURANCE OF • USAU A Mutual Company
irT�O.ro.�)t _�r�'�
Q SEAL.��+ By
�X
W '� R.C. Retterath Senior Vice President
z Attest:
CC
O I I
QR.J. steman Assistant Secretary
w STATE OF WISCONSIN )
O )ss.
CC w COUNTY OF MARATHON )
On this 1ST day of AIJCUST , 19_8Z,before me personally came
O R.C. Retterath
a_ ,to me known,who being by me duly sworn,did depose
O and say that he is a senior v ice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation described in
3 and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate
Q seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
Q
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year herein first above written.
I-
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Patricia A. Kleman Notary Public
= NOTARY PUBLIC �;r-%
H STATE OF WISCONSIN ' ft`=
STATE OF WISCONSIN I MY COMMISSION EXPIRES JUNE 3, 1990 k /._
('ITY OF WAUSAU )ss. ,:
COUNTY OF MARATHON )
CERTIFICATE .."'w-,'?wi"'°
I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin
corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A
VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN REI) INK,remains in full force and has
not been revoked:and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force.
Signed and sealed in the City of Wausau,Marathon County,State of Wisconsin,this 7th day
of JJ/une 19 89
I �M1Ny4
t
042:4 ,
CO.71.)�ll : I
; SEA R.J. Besteman Assistant Secretary
NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY,('ALL TOLL FREE(800)8.26-1661.(IN WISCONSIN,CALL 1800)472.0041).
Wausau
Insurance Any correspondence in relation to this
bond should be directed to:
'* .. • Wausau Insurance Companies
�n.-a Companies Bond Department
2000 Westwood Drive
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE Box 8017
BOND IN FAVOR OF THE OWNER CONDITIONED ON THE Wausau,Wisconsin 54402-8017
FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT Bond Number 0150-63-080344C
LABOR & MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That Coppens Construction Company, Kenneth Coppens, Proprietor
(Here insert full name and address or legal title of Contractor)
P.O. Box 1952, Appleton, WI 54912
as Principal, hereinafter called Principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
(Here insert full name and address or legal title of Surety)
400 Westwood Dr. , Wausau, WI 54401
as Surety, hereinafter called Surety,are held and firmly bound unto
City of Oshkosh
Oshkosh, Wisconsin
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Four Hundred Twenty-Nine Thousand Eight Hundred Sixty-Six -- Dollars(029,866.00
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and
severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated 19
entered into a contract with Owner for Contract No. 89-9
Sewer and Water Construction
(Here insert full name,address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and
material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the
following conditions:
I. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor,material,or both,used or reasonably required for use in the
performance of the Contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly
applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a
period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for
the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon.The Owner shall not be liable for the
payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of the following:The Principal,the Owner,or the Surety above
named,within ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial
accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed.Such notice shall be served by
mailing the same by registered mail or certified mail,postage prepaid,in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for
the transaction of business,or served in any manner in which legal process maybe served in the state in which the aforesaid project is located,save that such service need not be made by a
public officer.
b) After the expiration of one(I)year following the date on which Principal ceased Work on said Contract or after the expiration of one(I)year following the date of Substantial
Completion of the Project,whichever is later,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such
limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,or any part thereof,is situated,or in the
United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of mechanics'liens which
may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this 7th day of June 19 89
Coppens Construction Company
y� (Principal) (Seal)
C�/c 4.• .0y Gr-vZ✓
(Witn€ss5
By
(Title)
14e-ei-yj ®y� EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
4rt.'o" ' (Surety)/ (Seal)
(Witness)
By ' A_„AA . 1' //. I
(Attorney-in-Fact)
(P)815-4244 488 PRTD. USA Linda Franz
No. 201-044- 000458
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under
the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of
Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint
L I NDA FRANZ
its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,
seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN
OBLIGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF FIVE MILLION
Z DOLLARS ($5,000,000).
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i and to hind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with
Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
CC attorney-in-fact may do in the premises.
Q This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
a_ meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect:
Q "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF
WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying
H the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
0 Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be,
z and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach
Cl) thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company."
o "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile,and
Z any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding
w upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
2 to any bond, undertaking or contract of suretyship to which it is attached"
W IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
ZH
Z by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day
to
of AUGUST , 19Z.
Z = �:'° EMPLOYERS INSURANCE OF • USAU A Mutual Company
�i�o.ro,y
Qu_ ' SEAL,{ By '�
OC e�,1''
WR.C. Retterath Senior Vice President
Z Attest:
w
O i ,
QR.J. steman Assistant Secretary
w STATE OF WISCONSIN )
o )ss.
CC w COUNTY OF MARATHON )
On this 1ST day of Allf:UST , 19_2, before me personally came
o R. C. Retterath
w ,to me known,who being by me duly sworn,did depose
0 and say that he is a senior vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation described in
J and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate
Q seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
Q
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year herein first above written.
H
0
Z
z - a . 1
(o Patricia A. Kleman Notary Public
= NOTARY PUBLIC 4;,....,
H STATE OF WISCONSIN ,t°=
STATE OF WISCONSIN MY COMMISSION EXPIRES JUNE 3, 1990 Vi -'- �r'
CITY OF WAUSAU )ss. =;,...._..,•Ari
COUNTY OF MARATHON ) CERTIFICATE .° ,'
I. the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin
corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A
VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,remains in full force and has
not been revoked;and furthermore that the resolution of the Hoard of Directors set forth in the power of attorney is still in force.
Signed and sealed in the City of Wausau,Marathon County,State of Wisconsin,this 7 th day
of June 19 89
-"erZI .
/A),
-
'•.SEA } R.J. Besteman Assistant Secretary
NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY,('ALL TOLL FREE(800)826-1661.(IN WISCONSIN,CALL(800)472-0041).
n~ -- e-
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CERTIFICATE OF INSURANCE
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200 E. Washington Street
P. O. Box 877 P
�pp } eton WI 54912 A / e r �'
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�OPPENS CONSTRUCTION CO. *tte,
Kenneth Coppens DBA E
P~O . Box 1852 S iett+
App | etmn WI 54913
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CITY OF OSHKOSH
CITY HALL,
P. Q. BOX 1180 --_7-l� � . '= _ ._��
- OSHKOSH, �I j4901
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serzoi ir/N--,
CHANGE ORDER NG . 1
TO: COPPENS CONSTRUCTION COMPANY DATED: September 26, 1989
P.O. Box 1952
Appleton, WI 54913
Your present contract with the City of Oshkosh, Contract No. 89-09 ,
is hereby amended and changed as follows:
( insert here work and/or materials to be added or eliminated and
the unit and/or lump sum price to be added to or deducted from the
contract. )
TO CORRECT QUANTITIES FROM "ESTIMATED" TO "FINAL MEASUREMENTS" - (SECOND ADDITION
TO FOX CHASE)
Sanitary Sewer - Section I - Total Increase to Section $2,349.00
Total Decrease to Section $1 ,351 .25
NET INCREASE TO SANITARY SEWER $ 997.75
Water Main - Section II - Total Increase to Section $8,663.74
Total Decrease to Section $10,613.00
NET DECREASE TO WATER MAIN ($1 ,949.26)
Storm Sewer - Section III - Total Increase to Section $3,897.70
Total Decrease to Section $3,394.56
NET INCREASE TO STORM SEWER $ 503.14
NET DECREASE TO CONTRACT ($ 448.37)
Rec wiefend ed°_ , CiTY OF OSHKOSH
By
Iirec or of Public Works City Manager
A7,--/1,10)
T..
City Clerk
Approved and accepted:
Contrac r
D
I certify that provision has been made to pay the liability that
will accrue to the City of Oshkosh, Wisconsin, under the within
Change Order.
Comptroller
Approved as to form:
ity Attorney
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