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HomeMy WebLinkAbout28513 / 76-28c ADDEI�TDUi2 CITY CUUNCTL AGENDA CIT`I OF C��HK:?SH NOVE�I�E� �. I 9 7 C � i, # 28 RES�LUTION � e _ ., _ . _ _ : � • WHE�,AS, th� C�.ty o` Oshkosh haS heretofore advertised for �zds fUr Puhlic Works Contract 76-12, the construction of sani`cary sejr�zr ��r_�e ma�n to se�v� the sanita.ry landfill site; and �;�i�I� �S, upon the op�ning and tabulation of bids, it �ppears ti:a� �he fo�lok�rir,g is t�� I.ocv�st and most advant�geous bid: C. F. KA.LCIPr'�, IidC. $ 31, 054.00 Box .133 �erlin, WT 54923 NOW, THEP.�r;�2�:, F3E IT RF"��tv'F� Ly th� Cor.ur.on Council o� ihe Ci�y o� Oshka�h tha� -�k�,� said �i� is h�re�z� accep��� ��nd. tre z�Y-cper G.ztzr o�Li.c:.als �.rr� h�reby .�u�.horiry�ci an3 ��rect�.d �.K� enter iri�:� �n ta��;S'L?;JZ a.c3 ��? �J.CjrE:c^.IR�i1"�. �O�' 1�..�'IC? p1�2'DO$ -�^ O� adZ:t° � d�.1. c1CCOZ'C�l31Cj �C7 �J�ai95 � s��ec.�..�:ic���iars and �i.� an fi:ie. BE IT �'URT�iFR R�:SLVi,F� �.ha� money for this purpase is herehy a�n�opr�atec� fr.�m t�i� G�n�ral Fund.. Said mc�ney ta be repaid fxom �•.i_r.ne�ag� ioL�nty. �. � t r ,- - s ,:, �... `�7�L ,. � � i � . -- �.,� � � l _ 3i� _ .(':.i'�i:�G7J.:'1� w.... �. �. ,:c ' ..� :... . - . .,�.�..,,,�_„� p _ � CONSTRUCTION CONTRACT THI S AGREEMENT, made on the �� day of ;doventber �� . � c � .� , 197� , by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and �• F• KALUPA, INC. of Pox 133, 3erlin, Wisconsin 54923 � J 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.UF 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 �JORKS CONTRACT 76-12 - Construction of sanitary sewer force main to serve the sanitary lax�dfil,l site !�s approve� by Res, �23 of Nov. 4, 197f by the �shkosh Common Council 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. ARTI CLE I I I.'�' PAYMENT. ., (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $ 31 ,�a , adjusted by any changes as provide in t e eneral on itions, or an y c h a n g e s herea f ter 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 Contractar 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 approxlmate only, and the final payment shall be made for the actual number of units Chat are incorporated in or made necessary by the work covered by the contract. (b) Progress Payments. In the event the time necessary to cnsplete 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 ia any way be caused by Che 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 contraet 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. 2. 3. 4. 5. 6. 7. General Conditions Advertisement for Bids Instructions to Bidders Specifications, including Plans Contractor's Proposal This Instrument any addenda In Che 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 �n 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 D�CLARED, UNDERST4�A AND AGREED that the word ''Contractor" wherever used in this contract means the party of the second part and itsJhis/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 subscribed to by its City Manager and City Clerk and cowitersigned by the Comptroller of said City, and the party of the second part herehereimto set its, his or their hand and seal the day and year first above written. In the presence of: CONTI�CTOR . ,� � �: :� �,� ._ � (Seal of Contractor if a Corporation) peci y Title �� � � /i� Speci Title I certify that provisions have been made to pay the liability that will accrue to the City of Os osh er the within contract. �- l�'� ,� DEL L , ty mptroller Approved as to form and execution: �' • � Y �i..�.�.�,,.f �:.�.� a.� - 3 - (Seal of City) � d od 0 z b 0 A n � � � i � � � � b � b o � 3 � b � m y m ,p c�„ i� � � � � a�c o � � y `�� b � ? � y � f� 0 Zxi i� �� '�� n � ��q � � bb � � � . � r �Z �� • � �� � � � � � � `l �►� � a ° i � ��n ,Zr Z x Z� p • r ; � � 3 �1 � � � � ��� ? �x � � � � � � C R� n � t� � . . � n� 0 0 `� o ° o o �t � � 4 Z � � a � ,� � � ,� � �� � �n tn O � `� 0 c" � h b ° � v I� �p � � l�. 1� �� C Z _ y -1 _, _ � o , , a r d �. � � c� ` C ° I, � �I � . 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