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Home My WebLink About28364 / 76-08August 5, 1976 rt 17 RESOLUTIUN �-- :,- _ _ F'HEKEAS� the City of Oshkosh has heretof.�re advertised for bid� far Contx:act 76-ii, SidewaZk. In�tallat.�_c�r,, and WHEREAS, upan �khe ogening and �a��u].atican of Y�ids, it appears t.�?�t� �k?� �O1.�U4a�,72� ; c �.�'!�.? "i t;1C,��r±. �.11C�1. r;r�' a{i�,-�,�tarlan�l�� ii_�� QUALITY CONCRETE $f��', 55Q . UO 848 Brid�e Street Mana�rap Wis�°e�nsin 5�949 �IOWF THEREFORE, BE I� RESaI�V�U by �h� Cammon Cou�cil of the City o� Oshkosh that thE said bic� is her�by accepted and the �?rogFx City ot�ici.als are hereby authori�ed and directed to ei�ter inta an appropriate agreement for the purpose of same, all ac�ording to plans, specificationsy and bid on fi�e. Money for thi� purpose is hereby appropriated froin ��e Ge:rieral F�znd. Equ�ty�� ca be �epaid by futit�e bond issue. ;',?�'��':'.ii:•'' � - ; , ..._ . �,_.__,..._.,....____...._,r......�...,..�._. �� i'v : y�`y'1,J •� _ 2Q _ /( . .. � � � Q � � � J � � � � � 11: � � � � � V � � � 2 0 v � � � Q 3 W Q � � b r � � • � � �. 'J , � h .� 3 � � � b O � �i Q V � Q O O � � W 0 � � � 2 � J � � O � � J v < ti � ti J ' J � ti 1° ti z � 0 0 0 0 0 � p � � � O O � � � � O � � � '� � � � � � O � " � � � Q � Q �V � � � � � 0 � Q � , �° 4 cU � N ° � �Cl v O > � � ,� � ' �; � ° �. 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CU p� l� p O � O�" Q � J p � c� o, ,v o 0 0 0o p�' O o•' �-' � � � � � � ^� � � � � �� 0 0 � � ~ � v � Z � - O --<o � e�- �- . 0 � � �� ? � W �' y ` � xV o � ��1� J � ��c� `� }` � o � v 3 � �` 0 3 �+`'' ` � ? w 4. ,�v � 3�°, o Q �°� °�' i. ` 4 � � Q � Y o ' o `' �7 '* "` 1 Q�i. � �" � � <'�tV � „ ��p • �t � u t V av,` �°<`''�` 0 2 h;�`�.� J aC y y°3 y� 3 � � k� 0 2G y o t � `' �v, �o �v � �a !� �y C,J omQ O 4� O„4q 4�t. ,p� �.? O c,�y c� hy vQ Q`C o��4 Q� � � t� c*j `d- 4) � � Q V ti W p � V � V � 0 4 � • � � V I) �� 'Ir - ' � CONSTRUCTION CONTRACT THIS AGREEMENT, made on the �j _ day of __�U" , 19 ��, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and �?��•"•LZa� .CONCR.�TE of K�� F�ri�lc�� St��t, �.�nawa, 6qliscon�in 549�9 � 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: �'UBLIC t�`��:��.> C.'t�i�$��.ACT 76-17 - Ina�allation of �idewaZk & appurtenant work A��rov�c� by �?�s .��3 0� �ugu�t 1� ,�.9?6 of th� O�hkoah 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 sha11 be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor's proposal. ARTICLE TII. '�'PAYMENT. (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $ 8�,550.Q� , 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 . , �",� ' * amounts d�terwined for th� 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 cosplete 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 �grees 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 sha11 refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demands withia a reasonable time after demand thereof. ARTICLE V. COP4PONENT 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 S. Plans 6. Contr�actor's Proposal 7'. This Instrument In the event that any provision in any of the above component parts of this contract �onflicts 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, UNDERSTOOA 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 - , . r , /ry ' . . .� , IN WITNESS WHIItEOF, 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 cotmtersigned 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 Con±racta�r if a Corpor�ut�on� k : : , • ►MM.' � •' CITY OF OSHKOSH ,/ f BY� � � �( � � ,�� WILLIAM . FRUEH, Cit.y Manag r By: � CO E C. MARKS, C' lerk I certify that provisions have been made to pay the liability that will accrue to the City,.of Os osh Lmder the within contract. 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