HomeMy WebLinkAboutPW CNT 87-13/ENVIREX CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 5th day of June , 1987 , by and
between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY , and ENVIREX of 1901 So. Prairie Ave.,
Waukesha , WI 53186 , 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. 87-13
for sludge removal equipment - For Water Filtration Plant,
pursuant to Resolution #102 , adopted by the Common Council of
the City of Oshkosh on 4th day of June, 1987 ,
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 i40.,,,a45.96 , 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 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 perfor-
mance of the contract the amounts determined for the total number of
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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 con-
tract .
(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. Q,QMPONENT 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
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 sub -
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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
�� �I/���� � ENVIREX D isI I! Pe.xr,c-�r� 1,,r:
' /� , �/or ■/••0.4 ,
, By : ___ A-4-
__A 1. .4 2. 4 4-_ -' 'A-I
O v ; sic,i- 00,-)7,-0 //6'r
( Seal of Contractor (Specify Title)
if a Corporation . )
By :
(Specify Title)
CITY OF SHKOpSH�
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By_-_CIL
/ (Witne - s Wil lam D . Frueh , City Manager
�l � - ---
�1 -- --- -y:,'
- � � � �_ And :_ _ _' a��_� ___ _tness ) , Donna C .Serwas , ity Clerk
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
Approved as to : ,m:
411 at)
Warren P. Kraft , Asst , City Attorney
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