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Home My WebLink AboutPW CNT 82-22/CICH Turcking & Excavating CONSTRUCTION CONTRACT THIS AGREEMENT, made on the . '7 day of PppAmber , 1982 , by and between the CITY OF OSHKOSH, party of the first part , hereinafter referred to as the CITY, and CICH TRUCKING & EXCAVATING Of 5095 Lavague Road, Duluth., Minn. 55811 party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the considerations 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. 82-22 - Demolition of buildings on N. Main Street and Marion Road. Pursuant to Resolution #11 adopted by the Oshkosh Common Council on September 16, 1982, . 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 contract the sum of $ 28,220.00 , 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 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) 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 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 . • - 2 - • 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 her hereunto set its, his or their hand and seal the day and year first above written. In the presence of: CONTRACTOR • i CICH T CKI G & EXCAVATING L-71-'�l�r e�, - �Ce -.?!�'�� BY: ,k.-0&__ (�. � (Specify Title) (Seal of Contractor if a Corporation) By: (Specify Title) • CITY OF OSHKOSH , / ...,_ ./ 411,, ,.. , 7.<''72/4,---/ ,( 77 . Ar ' ie. WILLIAM D. FRUEH, City Manager ,6,-- rt • By: --yucate IttitL/7,7 /rT: CON a' E C. MARK Clerk I certify that provisions have been made to pay the liability that will accrue to the City f Oshkosh under the within contract. (Seal of City) EDWARD A. NOKES, City Comptroller Approved as to form': . i 0-14,\• 6),44.#.4,4_,.- TOM W. AHRENS, Asst. City Attorney • - 3 - ter1 Ile • is ISM LIED A. A MA T • I I I 1 I I FE r LI r NO RIGHTS UPON THE CERTIFICATE HOLDER. 61 r DOE' NOT •MEND, X • I , i I OR 1ED BY THE POLICIES LISTED BELOW. :C P ! ' AFFORDING COVERAGES L '; Kiug Insurance Agency 123 � st 1st Street Box 132 0, 'J AETNA .ulut_l, :u 55802 - - - - ,I ,n F' N Of LE Cich Trucking & Excavation — I 5095 LaVaque Road Rr ' Duluth, MN 55811 0 AN E1 R race listed De ow have been issued t ,1 i ed-.1 - L al e I : • force at this time. Notwithstanding any requirement,term or condition .I r° sith respect to which this certificate r y._e sr,t r la r:er - ,. isurance afforded by the policies described herein is subject to all the ,,- r. , t t- ci suc:h policies I_ — --- -- — t — y Thousands(000) . I;.Y Limits of Liability in Thousan N. Llcv Ni P N JATE I ti_' i AS "2FGn rf R rt Eta ..._ .I.n.till)rY E,,,E _Y ',,,,,,' 500,000 X1,000,01 A ,X PROPERTY EDAM '',E $ 500,00 $1,000,01 X - '-E GL 805464 10/14/83 L IX �1 i , I ,.O, FTED - Ll A It. ]ARD BOG I,.Y INJURY AND AL A.. N UPANC E PROPERTY DAMAGE $ $ X; N;;A, N',,-'n''TOy ,.OMBINED I l-j DAMAGE ,,X, �VV IN'�E E'EN?ENI [L'NI r'AL TORS { A I p;-P-('N AL bNJU RY PE RSONAL INJURY $ F AUTOMOBILE LIABILITY BODILY INJURY $ EACH PERSON) A Y21(.0MPREHEN5'VF FOPM BODILY INJURY $ 1 OWNED PJ 805464 10/14/83 TEACH ACCIDENT) PROPERTY DAMAGE $ HIRED $ i NON OWNEC BODILY INJURY AND PROPERTY DAMAGE 500,001 _-_------------_-- COMBINED _ EXCESS LIABILITY BODILY INJURY AND 11 UMBRELLA FORM PROPERTY DAMAGE $ I $ - J OTHER THAN COMBINED I UMBRELLA FORM _ }- . . iWORKERS'COMPENSATION I ! STATUTORY A 1I and 37 C 805464 l 1/18/83 $ 11 ,111 EMPLOYERS'LIABILITY OTHER ' 1 1 1 I , CESCRIPT'ON OE OPERATiCNJ'LOCATIONS'VEHICLES _ Contract #82-22 Dermlotion of building at North Main Street & Marion Road Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the ,ssding com- pany will endeavor to mail 30 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. NdME.AND ADDRESS OE CERTIFICATE HOLDER October 8, 1982 City of Oshkosh DATE ISSUED_ — — City Hall � " 215 Church Street Osnkosh WI 54902 2 Sr - , AUTHORIZE 'CPRESr TAT tE ACORD 25(1-79) - .