HomeMy WebLinkAboutPW CNT 79-10/Strey Construction CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 4 day of MaY , 19 9 ,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and STREY CONSTRUCTION, INC.
of 1205 MASON STREET, OSHKOSH, WI 54901
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 79-10 - ASPHALT PAVING OF MENCMINEE PARK PARKING LOT
Pursuant to Res. #7 ADOPTED BY THE OSHKOSH CC14MON COUNCIL ON MAY 3, 1979
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 $47,420.40 , 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. CO:IPONI--T PARTS OF THE CONTRACT
This contract consists of the following component parts , all of
which are as fully a part cf 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
S. 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 par°t first
enumerated above shall govern over any other component part which
follows it numerically except as may be otherw1e 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 repres* ntatives , successors and
assigns .
- 2 -
f
r
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
p I K` S //CONSSTRU ION, .
President
(Specify T- le)
(Seal of Contractor
if a Corporation) By: ,j(X 1�Q c5,*
� Sec-Teas
(Specify Title)
CITY OF OSHKOSH
,l co.7\ XJl M Y - ' V /li(. pM B : / /✓(i',, tom/ 7 1..4`i-e
WILLIAM P. FRUEH, City' Manager
A/ .� BY: _�1t 1�? -� CONVERSE C. MARKS, Cit �)71144,4 rk
I certify that provisions have been made to
pay the liability that will accrue to the
Cit of Oshkosh under the within contract. (Seal of City)
- --0-.- -,P (1 (\-AL-'-a---;
EDWARD A. NOKES, City Comptroller
Approved as to form'
JOHN W. PRICE, ity Atto y
W;/I(•fvr, P. Nas(e asst37F..n4 e-( )j, /9;7y,
- 3 -