HomeMy WebLinkAboutWaste Management of WI AGREEMENT
THIS AGREEMENT made and entered into this 3rd day of November,
1989 , by and between WASTE MANAGEMENT OF WISCONSIN, P.O. Box 1563 ,
Fond du Lac, WI 54936 party of the first part, and the CITY OF
OSHKOSH, a municipal corporation located in Winnebago County,
Wisconsin, hereinafter referred to as the "City" , and party of the
second part.
WITNESSETH:
WHEREAS, the Common Council of the City of Oshkosh by resoluton
duly adopted on the 2nd day of November, 1989, accepted the bid of
the first party and authorized and directed the proper City officials
to enter into an agreement with the party of the first part for:
refuse removal service for the University of Wisconsin-Oshkosh for
according to the specifications and bid for same on file in the office
of the City Clerk.
NOW, THEREFORE, pursuant to said resolution of the Common Council
of the City of Oshkosh, the parties hereto agree as follows:
1. That the party of the first part will furnish same to the
City, all in accordance with the specifications and bid on file in the
office of the City Clerk.
2 . That no assignment of this agreement or of any rights there-
under by said party of the first part, shall be valid with-out the
written consent of the City; and that this document including the
specifications and bid, constitutes the entire agreement between the
parties hereto and that any understanding either oral or written, not
a part hereof shall not be binding on either party.
3 . That in consideration thereof, the City will pay to the first
party the sum of $46, 050. 00 , upon presentation of a proper voucher,
and delivery and acceptance by the City in conformity on said
specifications and bid.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
1
to be signed by the proper officers of each party and their corporate
seals to be hereunto affixed all on the day and year first above
written; then if first party is a corporation or partnership, the
signing of this agreement shall constitute a warranty by the person(s)
so signing the proper authority so to do.
In the Presence of: WASTE MANAGEMENT OF WISCONSIN
i
BY:
Signature of the sole pro-
6 .- -1, % pri =t• , or n-me or corporation
or •a ' • i •
4 -'Warl -
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/ ST _ ecreta . ,/
CITY OF OS• OSH
nwo BY: ,4e.,/ -
k Wi am D. Frueh City
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Ma ger
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>r And: E212 i C� - .�_thkieiI
Donna C. Serwas,
City Clerk
Approv@l1 as to forn And xecution: I hereby certify that the
, necessary provisions have
J� � ' ' � �J<" been made to pay the Zia--
Warren P. Kraft, bility that will accrue
Asst. City Attorney under this Contract.
EDWARD A NOKES,
City Comptroller
2
AIU Insurance Company 4%
American..Fidelity Company
American Home Assurance Company Worldwide
Granite State Insurance Company Bonding
Illinois National Insurance Company American International Companies
The Insurance Company of the State of Pennsylvania
National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office
New Hampshire Insurance Company 70 Pine Street, New York,N.Y. 10270
PERFORMANCE BOND
(AIA 311)
KNOW ALL MEN BY THESE PRESENTS:
WASTE MANAGEMENT - TRI COUNTY, A DIVISION
That OF WASTE MANAGEMENT OF WISCONSIN, INC. ,as Principal,and
AMERICAN HOME ASSURANCE COMPANY as Surety,are held and firmly bound
unto CITY OF OSHKOSH Oshkosh, Wisconsin as Obligee, in the sum of
forty-six thousand fifty and no/100 Dollars
(06,050.00 050.00 1,for the payment of which sum,well and truly to be made,the Principal and Surety bind themselves,their
heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS,The Principal has entered into a written contract dated November 10, 1989 with the Obligee for
refuse removal service for the University of Wisconsin - Oshkosh campus
in accordance with drawings and specifications prepared by
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Con-
tract,then this obligation shall be null and void;otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations
thereunder,the Surety may promptly remedy the default,or shall promptly—
1. Complete the Contract in accordance with its terms and conditions,or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the
lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of com-
pletion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable here-
under, the amount set forth in the first paragraph hereof.The term"balance of the contract price,"as used in this paragraph,shall mean the
total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to
Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Con-
tract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,
executors,administrators or successors of Owner.
Signed,sealed and dated November 13, 1989
WASTE MANAGEMENT - TRI COUNTY, A DIVISION
1 OF WASTE MANAGEMENT OF WISCONSIN, INC.
4)L /,1 // / (Principal) /1 (Seal)
':�LOO_'r[_-4� %%%[,[,1///111(((///"' d72 J/ f/�/ 1
(Witness)
Notwithstanding anything contained in the By
contract to the contrary the Surety's Dale B. Tauke, Assistant SecretaryTitlel
guarantee under this Performance Bond is
for the original term of the contract from
January 1, 1990 to January 1, 1991. Any AMERICAN HOME ASSURANCE COMPANY
extensions or renewals of the referenced (Surety)
contract shall be covered undez this Bond
ony wrien consented to in writing by tite Surety
Bond No. 08-73-69 By 4111/l_11 ...IIrzr rA t ,t_
Karen Bogard, Attorney-In-Fact
29582 (9/80)
13th November 89