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August 19, 1976 #15
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RESOLUTION
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WHE�AS, the City �f Osriko�h ha� �er�tofore advertised :Cor
bids for Public Wo�ks Cantract 76-�15 fa?� asphalt ot%er1�y and
apg�� t�nant worl� � and
�TH�,:tEAS, �spon �.hR c�pE;�iria ��nd ta;�ul�tion af �ic�s, :it appe:a�.
�.hat tk�e zo1Jo=�r�3ig is the 1c��r��t ar�� r��st �c�t�ar.t.ac;eous bid:
CENTRAI, PAVTNG C�ttPOFZPTI�N $ 35, G�33 � �p
Neerxah, inT�.sconsixa 5��56
NOW, THEREFORE, BE IT R.ESOLVEL� by trie Common Council of the
City of Oshkosh that the said bid is hereby a�cepted and the proper.
City o�ficials are hereby� authori�ed a.nd dir_PCtect to enter ir�to an
a�Dropria�e contract for the purpose of same, a1.1. according t.o plans,
specifications and bid on file. Money for this purpose is hereby
appropristed from Account No. 043 891, Opening Streets, all �rithin
the 1976 Budget.
SUB��ZTTFD BY
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CONSTRUCTION CONTRACT
THI S AGREEMENT, made on the _�_ day of 5��teeere�ber , 197� ,
by and between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY, and G��T€�L Po�,YI�� Ct��Pt�RATI�3?�, ��;out� t p��t�:c�: ��.r��k,
o f �1 sc�ansi n �41 �� �oea1 �ffi c� : ����nal� � '�I 5���6� ,
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:
�U�LtC �lQRKS C�?�TFtACT i5-t,�i.
Asph�lt overlay and �ppur.t�enar�� wor�t
Affi approved by r�3�lution 4�� of S�pte��b�r 2 d 1�7 ��� t±�� �shkosh Ca+�rnon Counei)
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. TTME 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 TI I.''�' PAYMENT.
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(a) The Contract Sum.
The City shall pay to the Contractor for the performance of the
contract the sum of $ 3�����.�� "� "�-"�� 'r'�' , 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
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amounts d�tern�ined for the tutal 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 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 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.
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IN WITNESS
contract to be seale
City Manager and Ci
and the party of the
seal the day and yea
In the presence of:
WHEREOF, the City of Oshkosh, Wisconsin, has caused this
d with its corporate seal and to be subscribed to by its
ty Clerk and cowltersigned by the Comptroller of said City,
second part her hereLmto set its, his or their hand and
r first above written.
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(Sea.l a.f Contractor
if a Corpnration)
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I certify that provisions have been made to
pay the liability tha.t will accrue to the
City Os os der the wi in contract.
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DEL L , City troller
Appr`dved as tc� form and executian:
�� � � �,�� �'��-� � 1 � �'_.
W. PINCE, City Attorney
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By: ,� �,�
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peci�y Title
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Speci Title
CITY OF
BY � ��/,e!�'� �,1/, ,7`�G�'c..
WILLIAM D. FRUEH, Cit.y Manager
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By; � � �
CO . S Cler
(Seal of City)
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