HomeMy WebLinkAboutPW CNT 83-01/Dorner-Stahl Inc CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the /6-7rrr day of - ���� ,� ,
l91 ,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and DORNER-STAHL INC.
of Box G, Luxemburg, WI 54217
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. 83-01
for sanitary sewer and water main pursuant to Resolution #13 adopted by
the Oshkosh Common Council on February 3, 1983,
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 $ 1469.925.00 , 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
DORNER-STAHL INC.
011,4-4 J By: 7c) i
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pecify Title)
(Seal of Contractor / ada,
if a Corporation) By: - VII-Cate,/11-t491._) )/,
e
C'tSpec Pitle)
CITY OF OSHKOSH
r ± ► By:
WI>LLIAM D. FRUEH, ';ty Manager
4,t Are, ,e A.y
DONNA C. LUEBKE, City Clerk
I certify that provisions have been made to
pay the liability that will accrue to the
C4--)c of Oshkosh under the within contract. (Seal of City)
EDWARD A. NOKES, City Comptroller
App roved as to oorm'
awl i
wAitt,4 1• p.►;+ ' a .4'►;v 1,ire,,
TOM W. AHRENS, Asst. City Attorney
- 3 -
ADDENDUM NO. 1
CITY OF OSHKOSH CONTRACT 83-01
TO THE CONTRACTOR:
YOU ARE HEREBY DIRECTED TO MAKE THE FOLLOWING ADDITIONS AND CHANGES
TO THE PLANS AND SPECIFICATIONS FOR SEWER WORK, CONTRACT 83-01:
The following is hereby added to paragraph SP-12 "Blasting in
U.S.H. 45 Right-of-way" of the Special Conditions of the Specifications:
Before any blasting work can be done within or along the U.S.H. 45
right-of-way, including the easements paralleling the right-of-way,
the Contractor must furnish the State with the proper certificate
of insurance and a copy of the blaster's license of the person
actually doing the blasting. This must be done before the permit
can be obtained to perform work in the U.S.H. 45 right-of-way.
At least one week before blasting work within or along the U.S.H.
45 right-of-way begins, the Contractor must notify the Wisconsin Department
of Industry, Labor, and Human Relations, as specified, and the following:
Department of Transportation
District 3
944 Scenic Way •
Green Bay, WI 54304
Phone: (414) 497-4248
As specified in paragraph 8(a), uniformed policemen must be on
duty during the blasting. All costs of providing said uniformed policemen
will be the responsibility of the Contractor. They will not be provided
by the City, nor will extra money be paid for their use.
The above changes are hereby incorporated into the Plans and Specifications
for city of Oshkosh contract 83-01. The bidder shall indicate on page 1
of the proposal that he acknowledges receipt of this addendum.
Date: January 21, 1983
Ceraid F. Konrad
City Engineer