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CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 7th day of July, 1986, , by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as
the CITY, and SUPER EXCAVATORS INC. of N59 W14601 Bobolink Ave., Menomonee
Falls, WI 53051 , 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. 86-22
for Sanitary Sewer Relining - West South Park Avenue For Department
of Public Works , pursuant to Resolution #196 adopted by the Common
Council of the City of Oshkosh on 3rd day of July, 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 $23,977.50 , 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
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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.
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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
SUPER EXC ORS, INC.
By: ..- -- ,zz.� k--) , /..e
(Seal of Contractor \ L c)'re..ic`e A
if a Corporation ) (Se -ci, y Tit ,
By: '47' irk
(Specify Title)
---) CITY OF HKOSH
� � 0 1 ' ,By:
By:
(Wien:ss) i.
W ill,.am D. Fr ueh, City Manager\ /iL. ( C�-�:e7e(,e�// t y And: , U Cell' "
;
(Witness) Donna C.Serwas, City Clerk
I certify that provisions have been
made to pay the liability that will
accrue to the City of Oshkosh under
the within contract.
ac,' a at .,
Edward A. Nokes, City Comptroller
Ap reed as -o .
Warren P. Kraft, Asst, City Attorney
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CHANGE ORDER NO. 1
TO: SUPER EXCAVATORS INC. DATED: July 24, 1986
N59 W14601 Bobolink Avenue
Menomonee Falls, Wisconsin 53051
Your present contract with the City of Oshkosh, Contract No. 86-22 ,
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 MEASUREMENT - SEWER RELINING
ON WEST SOUTH PARK AVENUE
ITEM CONTRACT INSTALLED NET DIFFERENCE COST/ DEC.IN INC. IN
NO. DESCRIPTION QUANTITY QUANTITY INCREASE DECREASE UNIT CONT.PR.ICE
1. Reline 12" sanitary sewer
w/10" sanitary 1,295 1,294 1.0 -- $14.50 $14.50 ---
2. Reconnect sanitary
laterals 13 14 1 .0 $400.00 --- $400.00
$14.50 $400.00
NET INCREASE TO CONTRACT $385.50
Reco �,.- ded: CITY F OSHKO
(/'-/e-fd Director o ' , olio Works
7(ael hager
' M 21 ,% e. )N11 Vol i
City Clerk
App ''/'/4 and ac . • ed
Contractor
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.
tr:
Comptroller
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App4.oved as oform,
II
City Atto