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Home My WebLink About27943 / 75-24�� • (R E V I S E D) �� l�, �� (CARRIED LOST # 24 LAID OVER RESOLUTION WITHDRAWN } ��+1FiEREAS, the City of Oshkosh has heretofore advertised for bids for Public �9orks Contract No. 75-19, a comfort station at Red Arrow Park, and WHERc^.AS, upon the opening and tabulation of bids, it appears that the following are the lowest and znost advantageous bids: ED TESCH CONTR.ACTING GOMPANY 1847 Oregon Street Oshkosh, WI 54901 JOHN E. MEYER COMPANY 716 W. 18th Avenue Oshkosh, WI 54901 SOLAR ELECTRIC, INC. 1201 N. Main Street Oshkosh, WI 54901 M. P. KELLY, INC. 665 N. biain Street Oshkosh, WI 54901 $19,452.00 General Construction Work $8,795.00 Plumbing Work $2,281.00 Elec-trical Work $4,178.00 Outside Utility Construction NOW, THERrFO�2E, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bids are hereby accepted and the proper City o�ficials are hereby authorized and directed to ent�r into an apvropriate agreement for the purpose of same, al.l accarding -co pl�ns, specifications ar.3 bids on fil.e. Money for this purpose is hereby appropriated from the StanhiZber Trust. i ; `-__:a ._ .';r �: _ ... . , ... _. _. , ,. �.._ ,.__._.,.,,,.._ _ : ; � i :.�_'._.:.} ._...__�.. ��•_ .. _ -y ? ,1 —IL-- 1 - 29 - CONSTRUCTION CONTRACT THTS AGREEMENT, made on the � day of December � lg 75� by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and M. P, ICELLY, INC. of 665 N. �sain Street, Oshkosh, T�7I 54941 party of the second part, hereinafter referred to as the CONTRACTOR, WTTNESSETH: 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 a11 of the work shown on the plans and described in the specifications for the project entitled or described as follows: PUBLIC `'�RIiS CONTRACT 75-1� - OUTSIDE UTILITY CONSTRUCTION only for comfort station at Red Arrow Park As approved by res. #24 of 12/4/75 by the Oshkosh 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. ARTICLE TII. PAYMENT � (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $�,17.8.00 , adjusted by any changes as provide in t e enera on ltions, 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 sha11, in such cases, pay to the Contractor for the performance of the Contract the amounts d�ter�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 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 CFTY 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. 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 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 pravision 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. - 2 - IN WITNESS contract to be seale City Manager and Ci and the party of the seal the day and yea In the presence of: WHIItEOF, the City of Oshkosh, Wisconsin, has caused this d with its corporate seal and to be subscribed to by its ty Clerk and cotmtersigned by the Comptroller of said City, second part her hereimto set its, his or their hand and r first above written. � .� ��..� , � (Seal of Contractor if a Corporation) I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh tmder the tiaithin contract. , J � � � � /� O�'�� DEL L , City omptroller oved as to form d execution: �.. ,�-, f'j ;. �� JO . PFNCE, City Attorney J B. GUNZ, Assistant City Attorney CON'IRACTOR $y: ��;>,�. �� (/%�� ,>��-�� peci y Title : Specify Title CITY OF OSHKOSH �• �' i �i/� I� . �"u � : � �: ! ,�• s- , � _ 1 a P� � ' " - 3 - (Seal of City) CONSTRUCTION CONTRACT ��y�� THTS AGREEMENT, made on the � day of December , 1975 , by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and SOI�AR ELECTRIC, 2��TC. of 1201 North Main Street, Oshkosn, W2 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 ::ORKS CONTRACT 75-19, ELECT�tICAL WORK ONLY tor comfo.rt station at Red Arrow Park As approved by res. #24 of 12/4/75 by the Oshkosh Common Council all in accordance and in strict compliance with the contractor�s proposal and the other contract documents referred to in ARTTCLE 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 $ 2 2f31.00 , 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�ter�ined for th� total number of each of the units of work as set forth in the Contractor's proposal; the number �f units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or ma�e 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 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. 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 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 pro�ision in any other of the component parts, the provision in the �omponent part first enumerated above shall govern over any other component part which follows it numerically excegt as may be otherwise specifically staced. 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. - 2 - 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 coLmtersigned 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: (Seal of Contractor if a Corporation) CON1'RACTOR , F�-�'-'�- �� 'r�w� $y : �� i ,� . �� v.�.�.a �u�� —peci�y Title . �� F Specify Title I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh �.mder the tivithin contract. a � �� DE L , C�ty ornptroller as to . PINCE, City B. GIJNZ, Assis execution: ty Attorney - 3 - • � � ' ..�/�.�-� :li./ �ir , �� ' ; •, • • - . • - . � `✓1 ' � +�. / 4 ..� / � � � ' (Seal of City) , y ��3 � CONSTRUCTION CONTRACT THTS AGREEMENT, made on the �� day of �eC�""��'^z , 1975 � by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and `�� E• �YFTt COA".PA�tY Of %!� W• Z.��I rAV@AULB, (�$�'llt0��]f WS $�i��. party of the second part, hereinafter referred to as the CONTR.ACTOR, 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 pro�7'ect entitled or described as follows: FUBLIC WO€tKS CO�TRACT 75-19 - PLU�tBING Wt�RK ONLY for comfort station at R�d A�rot�v Y�.rk As approved b� r�s, #24 on 12/4/75 by the► Q�hko�h Cvmman 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 COMPLETTON 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 TIT. PAYMENT (a) The Contract Sum. The City shall pay to th Contractor for the performance of the contract the sum of $$t��•a0 , 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 detercuined for the tutal number of each of the units of work as set forth in the Contractor's proposal; the number �f 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 agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whazsoever 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 violaCion 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 demar.ds 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 £ully a part of this contract as if herein set out verbatim, or if nat attached, as if hereto attached: 1. General Coaditions 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, iTNDERST00D 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 - 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 coLm.tersigned by the Comptroller of said City, second part her hereunto set its, his or their hand and r first above written. �_ � (Seal of Contractor if a Corporation) I certify tha� provisions have been made to pay the liability that will accrue to the City of Oshkosh i�der the �vithin contract. � G�� DEL LaMARCHE,'City� troller � Ap rov d as to f and ecution: yN�� J . PINCE, City Attorney S B. G[INZ, Assistant Cit Attorney CONTRACTOR By : � < < �� . � peci y Title , By : - �c..i � rir.�,Er�� Spe�ify Title CITY OF OSHKOSH �Y� - 3 - / t/ i CO RSE . MARKS, Clerk (Seal of City) � �C.11 � � C�` � � � 0 4-�I � 'ij O � .r{ � � 'Q � UZ � � � � � � � O N O � �i (Y, •r-I • � � � CCl ' -I-� O � � � � � O r-1 � � � lCl Sa O � � �� H U �ri d-� � � U O • � c�3 U � �—I F-� O O J� .`s�' •ri � � � � � O 4i O �UP� � � � � ti � � � � � x � � � N ,Q � � � � U ; -1� N •rl �l U