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HomeMy WebLinkAboutMiller & Associates/Park Shelter AGREEMENT THIS AGREEMENT made and entered into this 16th day of August, 1985, by and between MILLER & ASSOCIATES , Rt. 4, Box 100, Mauston, WI 53948 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 reso- luton duly adopted on the 15th day of August, 1985, , 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: One (1) Park Shelter (Cedar Forest) For Parks Department - Steiger Park 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 thereunder 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 be- tween 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 the first party the sum of $4,999.00, upon P to proper � p 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 agree- ment to be signed by the proper officers of each party and their 1 corporate seals to be hereunto affixed all on the day and year first above written; then if first party is a corporation or part- nership, the signing of this agreement shall constitute a warranty by the person(s) so signing the proper authority so to do. In t. - Presence of: MILLER & ASSOC AT /g 4Dri BY: i0VW144/ ///(-cff Signature of the sole pro- prietor, L n me-- -eor ration- o r---pe rt-rt ip President or Partner ---._ Secretary CITY OF OS 'OSA BY: ?..44-4---( / / _ William D. Fri eh, City M40ager 7 I t_ e' `_ . And: fr"l^✓,tet<' (,'� .;°C,d. ;�%, Donna C. Serwasi City Clerk Approv d as to for, and execution: I hereby certify that the (X.. necessary provisions have been made to pay the lia- Warren P. Kraft, bility that will accrue Asst. City Attorney under this Contract. i EDWARD A NOKES, City Comptroller 2 z a m ro ro a rt r• rt • - G O a In r ro • rt CD a a o Cu n G W • o r+ oa X Ro - k E -• ry C!) H O W z N a 0 D CO vi 0 Cn CO (D w C) cn rn co �o r• a -• co rt. N.) H (D D1 C) V r to fD P fD P H io r• m to ty a CD n CO Cn o • to G r• O H z • Pi n • d o CI mi o fD a o "cy O o o Cr7 �. z CI — c rt ro C Cn co C C9 [v 1 d H ro z r J O a+ O a m c CO co x ro c m m � a a � n n z z z rr a rt tr] ro m w m w 0 o w PROPOSAL ONE (1 ) PARK SHELTER We , the undersigned, propose to furnish, F.O.B. City of Oshkosh Park Department, 805 Witzel Avenue , Oshkosh, Wisconsin 54901 , the following shelter in accordance with specifications or approved equals for the following amount : M c" 4 reds Co s 6171-,2 0 $. V5"949`. ©o a e an Model num er Bid DELIVERY g./ ;O ceys WARRANTY See ��uc.���cs�( .4tc 4 is 1 TERMS ///Pe4- 30 7) s - SSoc . E OF COMPA Y 4 . / 'lr- m . 4, - 1^ it 'VC & _ LE 0- • • Y' I NG 0 T SUBMITTED BY: THIS BID ,5dK loo D RESS Lip 3 9ie� E o'Z 1985 TELEPHONE pyy_ 7 �5// DATE NB BER AlUO T'e - i S /8 i GQ %s s It/O C,t,U` J�D ac Pic-cf-sficm ,‹ L-1F OSN/ e.;00111111- PURCHASING DIVISION NOTICE TO VENDORS : 1 . We are submitting herewith for your consideration an invita- tion to bid on: ONE ( 1 ) OPEN AIR PARK SHELTER FOR CARL E . STEIGER PARK 2 . Bids must be addressed to Oshkosh Purchasing Division, P.O. Box 1130 , City Hall , Oshkosh, Wisconsin 54902 . Envelope shall show name of bidder, and must be plainly marked in the lower left hand corner "Bid for Shelter" . 3 . Bids must be on file in the office of the Purchasing Agent no later than 10 : 30 a.m . , C . D.S .T . , Tuesday , August 6 , 1985 Any bids received after that hour and date will not be opened and will be returned to the bidder unread. 4 . A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the City prior to the specified time of opening . 5 . All formal bids submitted shall be binding for thirty-five (35) calendar days following bid opening date , unless the bidder(s ) upon request of the Purchasing Agent , agrees to an extension. 6 . Bids will publicly opened and read at the hour and date above stated . Award , if any, will be made as soon thereafter as practical . 7 . Although no certified check , cashier 's check , or bid bond must. accompany the proposal , if the bid is accepted , the bidder must execute and file the proper contract within ten ( 10) days after award by the Common Council and receipt of the contract form for signature . 8 . The City reserves the right to reject any and all bids and to waive any informalities in bidding . 9 . For specifications and further information concerning this invitation to bid , contact Donald La Fontaine , Purchasing Agent , Room 312 , City Hall or telephone (414) 236-5100 . William D. Frueh City Manager • PUBLISH : July 26 , 1985 CITY HALL — 215 CHURCH AVENUE — P .O . BOX 1130 — OSHKOSH , la_ GENERAL PROVISIONS 1. Proposals shall be submitted on the sheets provided by the City of Oshkosh and proposals not submitted on those forms will be considered irregular and will not be read. 2. Unless stated otherwise in the specifications, all equipment or commodities shall be new and the manufacturer's current model , complete with all standard equipment and accessories. 3. Full identification of equipment or commodities quoted upon, including brand, make, model , catalog identification number (if any) , and descriptive literature where possible, must be furnished with the bid as an aid in checking the bid against specifications. If the item bid varies in any way from these specifications, special mention must be made of such points or it will be understood that the bidder proposes to meet all details of the specifications. 4. Unless stated otherwise in the specifications, all prices shall be F.O.B. Oshkosh, Wisconsin, stated destination, with all Federal Excise and Wisconsin Sales taxes deducted. The City of Oshkosh is exempt from these taxes and will furnish proper exemption certificate, if requested by the successful bidder. 5. If a warranty applies, the bidder shall state the conditions of warranty. 6. When requested in the specifications, the bidder must state the nearest location were parts and repair service will be available. 7. Delivery date must be stated in realistic terms to enable the bidder to adhere to them. 8. Indicate your terms of payment. The City of Oshkosh pays invoices on the first and third Thursday of the month. 9. If there are several items in the bid, the City of Oshkosh reserves the right to accept separate items or to award the total bid to one supplier, whichever is in the best interest of the City. If you bid is qualified in this respect, clearly state whether your bid is for "all or none" or to what extent it is qualified. 10. If there is a trade-in, the City of Oshkosh may elect to accept the bid with trade-in or without trade-in, whichever is in the best interest of the City. 11 . Equipment or items must conform to all applicable Federal Occupational Safety and Health Act provisions. 12. If two or more bidders submit identical bids and are equally qualified, the decision of the City to make award to one or more of such bidders shall be final . Selection shall be made by drawing lots. Cash discounts, when 10 days or longer are allowed will be considered. SPECIFICATIONS REQUESTS FOR APPROVAL EQUAL SHALL BE SUBMITTED 10 CALENDAR DAYS PRIOR TO BID DUE DATE IN ACCORDANCE WITH THE FOLLOWING: The specifications herein are intended to set forth a minimum standard for the design and manufacture of a shelter . This specification is not intended to exclude units of other man- ufacturers . Those units which in the judgement of the City of Oshkosh and/or its designated engineering representative are considered as having equal or superior design, manufacture , and characteristics shall be approved to submit a bid. Specific dimensions , weights , and other features or measurements listed are for establishing minimums or defining design parameters to insure the provision of a suitable shelter . Only those requests for approved equal containing information sufficient for the City and/or its designated engineering representative or super- ior to the specified shelters will be accepted for evaluation. 1 . GENERAL: The City is interested in one ( 1 ) open air park shelter for Carl E. Steiger Park. The recommended shelter is a model GZB 20 Gazebo-type building as manufactured by American Leisure Designs , P.O. Box 756 , Georgetown, Kentucky 40324 or approved equal . 2 . FRAME: Shall be designed and certified to carry 30 pounds per square foot live load=_and 20 pounds per square foot wind load, and shall conform to any other appropriate Wisconsin building code regulations . 3 . COLUMNS: Steel Column, A36 , shop painted with rust inhibitive primer . Steel beam to column connector welded to column. 4 . WOOD BEAM COMPONENTS : Shall be glue-laminated structural grade Southern Pine , A. I .T.C. Certified. All rafters and purlins shall be factory sealed and individually wrapped for protection during shipment . 5 . ROOF DECKING: 2" x 6"x r/1 (nominal) KD-CM-EVIS (kilm dried- matched-edge V'd one side) Premium Grade Southern Pine . 6 . ROOFING SYSTEM: To be furnished with pressure treated Premium Grade Southern Pine Fascia. Fiberglass shingles with 15# felt underlayment . Class A fire rated. Color to compliment factory stain color . 7 . HARDWARE: Steel , A36 , connectors shall be 1" plate , shop fabricated, prime painted. Frame structure shall be furnished with all neces- sary nuts , bolts , and fastening devices for a total assembly of parts . All required nails to be furnished. 8 . SUBMISSIONS : Each bidder shall submit 3 complete sets of plans of unit being offered. Each bidder shall be prepared to furnish drawings that bear a professional registered engineer 's seal . Specifications Park Shelter Page 2 9 . All beams , decking and fascia shall be factory stained. 10. Copper cap shall be furnished. 11 . Price is F.O.B. 805 Witzel Avenue , Oshkosh, Wi PROPOSAL ONE ( 1 ) PARK SHELTER We , the undersigned, propose to furnish, F.O.B. City of Oshkosh Park Department , 805 Witzel Avenue , Oshkosh, Wisconsin 54901 , the following shelter in accordance with specifications or approved equals for the following amount : Make and Model number Bid DELIVERY WARRANTY TERMS NAME OF COMPANY NAME & TITLE OF PERSON MAKING OUT SUBMITTED BY: THIS BID ADDRESS CITY, STATE , ZIP 1985 ( ) DATE TELEPHONE NUMBER