HomeMy WebLinkAbout27774 / 75-12AUG 2 � 197 �
# 12 RESOLUTTON
P7HE�F,AS, the City of Oshkosh has hsretafo��e advertised £�r
bids for earth contou�ing at Red �rrcaw Park, and
WHE�F�S � upon the o�er�inQ aiz�3_ tabt�? :���c,:� ai ��_c?s, is.: ag�.�uy s
that th� �allowing is tY�e lowes� :=:rAd mavt advantageous bid:
J.P� I,�NDSCAPE NURSERY, TNCF $18,695.00
Oshkash, Wisconsin 54901.
tv�Ti� f THEREFORE, �� �T �St��VED by �1-i� �o-ru�on Coun�il oi �.he
City of Oshkosh that the said bid is hereby accepted and the prope�
City officials are hereby authc�zi,�ed and d�_xected to enter intc� an
appropria`� agre�m�nt tor the puxp:�se oi samGe, aIl according t�
plar.s, specifications, and bid on file. Mor�ey far ths_s purpose
is hereby appropriated from Acct� 361 999, Pa.rk and Land Acqu�,sition
within the 1975 Budget.
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CONSTRUCTION CUNTRACT
THIS AGREEMENT. made on the .� day of AUGUST � 19 75.
G.: �nd b�tween the CITY OF OSHKOSH, party of the fisat part,
h�reinafter referred to ae the CITY, and J& P LANDSCAPE NURS�RY, INC.,
4510 Clairville Road, Oshkosh, Wisconsin 54901 ,'
party of the sscond part, herelna�ter referred to ae the CONTRACTOR.
WITNESSETH: That the City aad the Contractor, fox th�
considerationa hereinafter.named, agre�e ae follows:
ARTICLE I. SCOPE OF WORK
The Contractor heret�y agrees to fNrx��sh all of �he material5
and all of �he equipment a«d labor necessary, and to perform all ur
the work shown on the �la�a and des�ribed in the spr�cifiqations for
the project entitled or de�cribed €�s� foll�wa:
FUBLIC WORKS CONTRACT N�. 75-15
Earth contouring at Red Arrow Park
all in accotdance and in sCrict eompliarece w�,�:h the tontractar's
proposal and the other eoc��°��.:t dc�cumente re�erred to in ARTICLE V.
of this conCracC.
ARTICLE II. TIME OF COMPY.'""IQN
The work to be perfo�rc:�d ur«ler ��ia contract ahall De cammrnc�d
and the wosk comple�ed within Che tiim� limit� apecified in the
Gener�l Conditioras and/or :flntr�ctcr'g� �rapa8al.
ARTICLE III. FA�(I��NT
(a) Trie Cpnt�act Sum.
The City �hall pay rn tnc C�i���:�c��. �or the performance of thu
contract �he sum of � 1„$,6_95�00 , adjusted by any
changes a� provicle�i i:x tt�e �enexal Cond�Cions, or any changes
hereafter mtit�Rlly �.gr��.ed �!pan in writiixg by the parties
hereto, pxovided� hc;weaer, in tt�e event the proposal and contract
documenta axe on a"Ur��t Pxice" ba�is, �he above mentioned figure
is en e�t$u�aGed €ig�sr:, anc� �h� City �hal.l, in such cases,
pay to Chs Cantsac�os fa� �ka� p�±rfoumance of ths Contract xh�
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amounts d�tercuined 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 nece�sary by the work covered by the
contzact.
(b) Progress Payments.
Ia 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 Genetal Conditions.
ARTICLE IV. CONTRACTC�R TO HOLD CITY HARMI.ESS
The Contractor covenauts and agrees to protect and hald the
City of Oshkosh harmless against all actions, claims and demands of
any kind or character whatsaever which may in any way be caused by
the negligent digging up �f streets, alle�►s or public grounda or
which may result from ehe faulty, cazeles��e:;s or neglect of said
Contractor. his agents, �n�loyees �r workr�ea in the per�ozmance of
said work or caused by the uiolati�n of any City ordinance, and
shall refund to the City all sums c:�hich i� may be obliged or adjud�ed
to pay on any such claims :.;r ciemand� �rith�n a�easonabie time af ter
demand thereof. -
ARTICLE V. COP4PONENT PAR�S UF THE CCINTRA�T
This• contract consi3t:� of ttie followir�g �omponent parts, all of
which are as fully a part oi this cent�ac� as i.€ hese�.n set ouC
verbatim, or if not attac:t�ed, as if ixe�e�o �cgached:
1. General Canditiona
2. t�dvertisemezt for Bids
3. Instructions to Bidclers
4. Speeific��tiozi^ , inc�uding any addenda
5. Plans
6. Contractor':; P�oposal
7. This Inst�u�e�t
In the e�vent that �a�y pro�►ision in any of the above component
parts of th�s contra�t r.:orasl.ict� F�ith any provision in any other of
the companent parta, the �+r�vision in the coMFone�t paxt first
enumerated above shall ���-rrn ov�r any o�he� corap�nent part which
follows it numegically ex::��t as �na.y be oth�rwise specifically etated.
IT IS HEREBY DECLARE�.i, CJNDERSTOOA ANn AGREED that the �aord
"Contractor" whereves cased in this contracx mean3 the party of the
second pas[ and its/his.A�hAi� legal representatives, suGCessors and
assigns.
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IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin has caused this
contract to be sealed with its corporate seal aad to be subscribed to by
its Manager and City Clerk and countersfgned by the Comptroller of said
City, and the party of the second part has hereunto set its, his or their
hand and seal the day and year first above wrltten.
In Presence Of:
(Seal of Contractor if a Corporatfon)
nresence Of:
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(Seal of City)
I certify that proviaion has �se� made
to the City of Oshkosh, Wisc.onsin under
as t� form:
�oh�i W. Pence
C�ty Attorney
CONTRACTOR
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BY �-� '2�
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( ecifiy Title)
BY ' ���� � � �, , ,«,�1.%f/�c��
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(Speci y Title)
CITY OSHK SH, FIISCONSIN
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Co�rerse . Ma
City C1erk
to pay iiability that �ill accrue
ttxe �ithin c ntract
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Del LaM rche
City Com�troller
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