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Home My WebLink About28487 / 76-27��e� 21, 1976 # 27 RESOLUTION , _ _ _. _ ._�.. .�,.�.,.t...�„� ..r�=-,.:.�,�,..... I1:�_u~-iS, the City of Oshkosh has heretofore advertised for �=c� =3Y Contract 76-08, Sanitary Sewer, Water N►ain, and _ : �__ ��r�t F;or'.s, and --,='�S, upon the opening and iabulation of bids, it appears 1'i: r.:u� �:a� �_� �ollowing is tne lowest and most advantageous bid: C.,. K.�TUPri, INC. _�rlin, p;7 $218,833.25 '_��;�, THEP.EFORE, BE IT RESOLVED by the Common Council of the ��_� �= Oshkosh that the said bid is hereby accepted and the proper �=�-_- o=�icials are hereby authorized and directed to enter into an �::,=c�_i�`e agreement for the purpose of same, aIl according to �_a��, s��ciiications, and bid on file. Money for this purpose �s :__e��. appYopriated from its respective construction accounts, a? �;-� :_____ the 1976 Budcret. _ q3 _ ST*'zyh�m�-,,,, ,� > J./..��a.� _1. .L:.11 :�i�. ��, ` �, e . ,. a l.\. ,._ ... ---_-.___ :-.:. `��'� � � . � '. CONSTRUCTION CONTRACT THIS AGREEMENT, made on the � day of Y(.�.�(�' , 19�, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and C. F. KALUPA, INC. of Box 133, Berlin, WI 54923 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 76-08: Sanitary Sewer, Water Main and appurtenant work Approved by resolution #27 of the October 21, 1976 City Council Meeting 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 $ 218,833.25 , adjusted by any changes as provide in t e enera on itions, 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 � r - --. amoun[s 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 co�plete 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 agaiast 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 pe�formance of said work or caused by the violation of any City ordinance, and sha11 refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demands within a reasonable tlme after demand thereof. ARTICLE V. COr�lPONENT PARTS OF TAE 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 I5 HEREBY DECLARED, UNDERSTOOD AND AGREED that the word ''Contractor" wherever used in this contract means the party of the second part and its/hisltheir legal representatives, successors and assigns. �'� i � • IN WITNESS WH�OF, 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 coLmtersigned by the Comptroller of said City, and the party of the second part her hereLmto set its, his or their hand and seal the day and year first above written. In the presence of: (Seal of Contractor if a Corporation) I certify that provisions have been ma.de to pay the liability that will accrue to the City of Oshkosh tmder the within contract. DEL L , City omptroller Approved as to form and executian: JOHN W. PINCE, City Attorney - 3 - CONTRACTOR �� " /� By : ��r — � L%r-z-S�� peci y Tltle �'' c , _�� .�G - ��.a. �� _ ��Spe�ify Title CITY OF OSHK SH �: ''� � ' � WILLIA D. FRUEH, City Manager By: CO E C. N1�tK, ty Clerk (Seal of City) ti N � �. �,, � �4 Fi O 4� '� � � ,Q N � � � O % 'L3 �, cC3 cr3 � O N � � N � � O �:-� F-I � CC� r-I .I� O ri � � � c[3 � � +� � O '� � O E—� � O .r{ � O � �� `\J u) 9.� 5-- � `� � S- s- A� �iJ � � ti Q1 r-I ,.�� N � � $.� � `�� N � U O �' ,'� -1� J-� U � O i�