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HomeMy WebLinkAboutValley Sanitation A G R E E M E N T t98�_• THIS AGREEMENT made and entered into this 13th day of Noye mber> of by and between VALLEY SANITATION party of the first part, and the P. 0. Box 34• Oshkosh W1 Wisconsin, CITY Of OSHKOSH, a municipal corporatioand° party of then g secondCparty, hereinafter referred to as the "City", WITNESSETH: WHEREAS, the Common Council of the City o f Oshkosh ebytresolution the dulyirst adopted on the 3rd day of November �3- , of party and authorized and directed the proper City officials to enter into an agree- ment with the party of the first part for: Refuse removal service for University of Wisconsin-Oshkosh 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 of this agreement 2. That no assignment o 9 eement or of anyghts said party of the first part, shall be without andthe bwd ,tconst�tutes thetentirey; and that this document including th e specifications agreement between the parties hereto and that any understanding either oral or written, not a part hereof shall not be binding on either party. first party the f th i 3. That in consideration thereof, the City will pay to to thecfr, apd the sum of $ 10.644.00 , upon presentation of a proper delivery and acceptance by the City in conformity on said specifications and bid. IN WITNESS WHEREOF, the parties hereto have caused this agreement 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 cor- poration 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: VALLEY SANITATION DUV. OF CASE'S HAUL AWAY I] VALLEY NITAIUN DIV. Signature H nature of sole proprietor, or name or corporation or partnership C1 President cI-Part-star Secretary CITY OF OSHKOSH r`C r By: e„e/A,t_ee- / 101 4" C WIM D. FRUEH, City Manager v � 41177 By: tvI/Y1�1/ t'i DONNA C. SERWAS , City Clerk I hereby certify that the necessary provisions have been made to pay the Approved as to form and liability that will accrue under this execution: contract:161. en/LOU-A-Si JOHN W. PENCE, City Attorney EDWARD A. NOKES, City Comptroller CERTIFICATE OF INSURANCE This is to certify that E STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois has in force for VALLEY SANITATION A DIVISION OF CASE 'S HAUL AWAY INC. Name of Policyholder 248 Cowling Bay Rd. Neenah, WI 54956 ILL .. 4- ' *u,. Address of Policyholder )s l $ ;i l- , Outagamie, Winnebago, Calumet Counties location of operations the following coverages for the periods and limits indicated below. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY (eff./exp.) Comprehensive 99 05 8019-9 © General Liability 11/5/3.3 L l Liii i_10 i ; I Dual Limits for: BODILY INJURY n Manufacturers'and 300 ,000 Each Occurrence $ I I Contractors'Liability Aggregate $ 300 ,000 ❑ Owners',Landlords'and Tenants' Liability PROPERTY DAMAGE The above insurance includes 300,000 Each Occurrence $ (applicable if indicated by © ) © PRODUCTS -COMPLETED OPERATIONS Aggregate" $ 300 ,000 ��}} II El OWNERS'OR CONTRACTORS'PROTECTIVE LIABILITY ix Combined Single Limit for: BODILY INJURY AND Commercial Umbrella PROPERTY DAMAGE ❑ CONTRACTUAL LIABILITY excess ljIdc' rence $1,000 ,000 POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Aggregate $1,000 ,000 (eff./exp.) CONTRACTUAL LIABILITY LIMITS Watercraft I—I Liability (If different than above) BODILY INJURY 1860 465-49C 100/300/100 Each Occurrence $ 1774 027-49D Trucks 11/5/83 continuous PROPERTY DAMAGE 1774 026-49C n Each Occurrence $ `commercial Umbrella 11/5/83 -continuoregate $ Workmen's/Workers'Corn- Coverage A STATUTORY r"i pensation-Coverage A I I Employer's Liability Coverage B $ -Coverage B 'Aggregate not applicable if Owners', Landlords'and Tenants'Liability Insurance excludes structural alterations, new construction or demolition. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED 4 (- _�r,l. i,irk 7ir+!�EI''rlen 1V - University of Wisconsin -Oshkosh 11/15/83 800 Algoma Blvd. 3 .. , zt_____, Oshkosh, WI 54901 //D�`_ S f Signal of Auth z presentative L _1 G� i:, '- Title F6-994.5 O 'v < z■,:p x, < 'v x O 'v CD CO • CD w CD D) • t-' co • 0 H cD -4 in Z OCD 03 O COD W x (o dcoa 0 cn O << C W (D << O En tji 0 xx - P) Z x d O H Cn O Cn CD H •• X CO I...0 w CD m •- -_, (n T] y C H "S N'.0 N O HOT• Cn < ENO I-I ..m'Cn ct U1 ct F-'• H CO =Iv Ui f) -' n W U1NH, -m' ct k.O CD Ul H .=- %.O H• O\ - - ' %..O ED O 0 cr. H 0 CD . N C C -1 w 'S n .O < H. n (D I.-11 0 CV 0 .... H .Z d H Cn < Cr] Z 0 CI 'Z7 C/] 'I7 Cr] H C ! - - - Z H C/] 0 } w w v t'] i-< C11 ffI Ca C7 O, - -+ H 0 = rn 0 '0 C7 0 'T] Cr: . - ! w CD `° y O •CI j -J 0 0 O H < N O O MI C)t� c� r X] 0 Z Cn N CA Cr1 O H xJ Z < I H 0 C) K K K K O U1 `a CI (D CD CD (D Zl o° CO x Cl) (n Cl) Cl) w n CO 0 Cr] H Cl) x1 = H H b7 'TJO H tr] t7 C) x txi C) CITY OF I.O. BOX 1130 OSHKOSH,WISCONSIN 54102 CITY HALL / 215 CHURCH AVE. Purchasing Division NOTICE TO VENDORS: 1. We are submitting herewith for your consideration an in- vitation to bid on: REFUSE REMOVAL SERVICE FOR THE UNIVERSITY OF WISCONSIN-OSHKOSH CAMPUS 2 . Bids must be addressed to Oshkosh Purchasing Division, P .O. Box 1130 , City Hall , Oshkosh , WI . 54902 Envelope shall show name of bidder , and must be plainly marked in the lower left hand corner "Bid for Refuse Removal Service" . 3 . Bids must be on 0. 30 a.m. , C.D of the October Agent 10 , no later r thaa n m 1983 no 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 be publicly opened and read at the hour and date above stated. Award, if any , will be made as soon thereafter as practical . 7 . A certified check , cashier ' s check , or bid bond , payable to the City of Oshkosh , Wisconsin, in an amount of five ( 5%) percent must accompany the bid as a guarantee that if the bid is accepted, the bidder will execute and file the proper contract within ten (10 ) days after award by the Common Council and receipt of contract form for signature . Return of certified check, cashier ' s check , or bid bond will be ex- ecuted when the contract is signed. 8 . The City reserves the right to reject any and all bids and to waive any informalities in bidding. 9 . For specificaitons and further information concerning this invitation to bid, contact Donald La Fontaine , Purchasing Agent , Room 312 , City Hall or telephone (414 ) 424-0265 . William D. Frueh City Manager PUBLISH: October 4 & 10 , 1983 REFUSE REMOVAL SERVICE INSTRUCTIONS TO BIDDERS IB-1 DESCRIPTION OF WORK Under this contract, the City of Oshkosh will receive bids for Refuse Removal Service for the University of Wisconsin- Oshkosh campus, as stated in the proposal. IB-2 SECTIONS TO BE READ BY THE CONTRACTOR Before submitting a bid, all contractors and subcontractors shall read the Official Notice, Instructions to Bidders , General and Special Conditions , Specifications, and Contract, all of which contain provisions applying to all contractors. The execution of a proposal will be considered by the City of Oshkosh as evidence that the contractor is familiar with every and all requirements for carrying out the project for which the bid is submitted. IB-3 EXAMINATION OF SITE The bidders are expected to satisfy themselves by a thorough personal examination and familiarize themselves with the site and location of the proposed work and all local conditions affecting the execution of the work. Bidders are required to inform themselves fully of the conditions relating to the labor under which the work is to be done . After the submission of a proposal, no com- plaints or claims that there was any misunderstanding in regard to the estimates of the Owner or the nature of the quantities of work to be done will be entertained. IB-4 PROPOSAL FORM The proposal form hereto attached shall be used. The bid price shall be inked and in writing and in figures and, in the case of conflict, the former shall apply. Only proposals which are made out on the regular proposal forms attached hereto will be considered. The proposal forms must not be separated from the attached volume. IB-5 REQUIREMENT FOR SIGNING BIDS (1) Bids which are not signed by individuals making them should have attached a power of attorney, evidencing authority to sign the bid in the name of the person for whom it was signed. Instructions to Bidders Page 2. REQUIREMENTS FOR SIGNING BIDS - Continued (2) Bids which are signed for a partnership should be signed by all of the partners, or by an attorney-in-fact. If signed by an attorney-in-fact, there should be attached to the bid a power of attorney, evidencing authority to sign the bid, executed by the partners. (3) Bids which are signed for a corporation shall have the correct corporate name thereof and the signature of the president or other authorized officer of the corporation manually written below the corporate name, followed by the word, "By , " IB-6 WITHDRAWAL OF BID Proposals may be withdrawn any time previous to the hour of opening the bids but no proposal may be withdrawn after the scheduled time of opening bids is passed, for a period of thirty (30) days. IB-7 REJECTION OF BIDS The right is reserved by the Owner to reject any and all bids or to award any and all contracts to bidders who, in the judgment of the Owner, will best serve the Owner. A bid which has not been prepared according to the instructions contained herein is subject to rejection. IB-8 WHEN AWARD EFFECTUAL The Contract shall be deemed as having been awarded when formal notice of award shall have been duly served upon the intended awardee (i.e. , the bidder to whom the Owner contem- plates awarding the contract) by some officer or agent of the Owner duly authorized to give such notice. IB-9 RETURN OF BID GUARANTEE The bid deposit of all except the three (3) lowest bidders will be returned within three (3) days after opening of all bids. The bid deposit of the three (3) lowest bidders will be returned within forty-eight (48) hours after contract and the required surety bond have been finally approved by the Owner. GENERAL CONDITIONS GC-1 SCOPE OF WORK AND BIDS The work that shall be done under this contract consists of furnishing all labor, tools, equipment, machinery and appliances, and all materials for the work covered by this contract. GC-2 SITE INVESTIGATIONS AND REPRESENTATIONS The Contractor shall acknowledge that he has satisfied him- self as to the nature and location of the work, the general and local conditions, particularly those bearing upon trans- portation, disposal, handling and storage of materials, availability of labor, roads, and uncertainties of weather, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed to and during the prosecution of the work, and all other matters upon which information is reasonably obtainable and which can in any way affect the work or the cost thereof under this contract. GC-3 ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof, or monies due or to become due hereunder, without the written consent of the Owner. No assignment of this contract shall be valid unless it shall -contain a provision that the funds to be paid the Assignee under the assignments are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor for all persons. Firms or corporations need not be inserted if the assignment technically constitutes a novation, i.e. , the assignees not only acquire the benefits under the contract but also assume the obligations thereunder in place of the assignor. GC-4 CONTRACT SURETY The Contractor shall furnish a surety bond in an amount of at least equal to 100 percent of the contract price as surety for the faithful performance of this contract and for the payment of all persons performing labor and furnishing materials in connection with this contract. GC-5 CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance required under this par- agraph and such insurance has been approved by the City Clerk of the City of Oshkosh, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. General Conditions Page 2. (a) Compensation Insurance : The Contractor shall take out and maintain during the life of this contract Worker' s Compensation Insurance for all his employees employed for this project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Work- er's Compensation Insurance for all the latter's employees, unless such employees are covered by the protection afforded by the Contractor. In case the class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate insurance coverage for the protection of his employees not otherwise protected. (b) Public Liability and Property Damage Insurance. The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor per- forming work covered by this contract from claims and damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $100,000.00 for injuries, including accidental death, to any one person, and, subject to the same limit for each person, in an amount of not less than $300 ,000.00 on account of one accident and Property Damage Insurance in an amount of not less than $100,000. 00 Any subcontractor not covered by the Contractor's public liability and property damage Insurance shall carry Owner' s Protective and Subcontractor's Liability Insurance in the same amounts. The Contractor shall be responsible for a subcontractor's carrying the insurance herein required. (c) Insurance Covering Special Hazards: The following special hazards shall be covered by a rider or riders to the Public Liability and/or Property Damage Insurance Policy or Policies herein elsewhere required to be furnished by this Contractor or by separate policies of insurance, in amounts as follows: Public Liability Property Damage Insurance Insurance Operations of Trucks and Auto $100,000 .00/300 ,000 . 00 $50 ,000.00 General Conditions Page 3. The insurance coverage shall in all instances save, defend, indemnify, and hold harmless the City against any and all manners of claims, demands, liabilities, damages, or any other costs which may accrue in the protection of the work and shall save, defend, indemnify, and hold harmless the City from all damages caused by or as a result of the opera- tions covered by this contract. No insurance shall be cancelled without notifying the Owner in writing thirty (30) days before such cancellation. See Contractor's responsibility for damaged work. GC-6 PROOF OF CARRIAGE INSURANCE The Contractor shall furnish the City Clerk of the City of Oshkosh with satisfactory proof of carriage of the insurance required. Satisfactory proof shall consist of a duplicate or photostat copy of the certification of insurance. GC-7 TERMINATION FOR BREACH In the event that any of the provisions of this contract are violated by the Contractor or by any of his subcon- tractors, the Owner may serve written notice upon the Contractor and his surety of its intention to terminate such contract, such notice to contain the reasons for such intention to terminate the contract, and, unless within ten (10) days after the serving of such notice upon the Contractor such violation shall cease and satisfactory arrangement for correction be made, the Contractor shall, upon the expiration of said ten (10) days, cease and terminate. In the event of such termination, the Owner shall immediately serve notice thereof upon the Contractor and his surety and the surety shall have the right to take over and perform the contract, provided, however, that if the surety does not commence per- formance thereof within 30 days from the date of the mailing to such surety the notice of termination, the Owner may take over the work and prosecute the same to completion by contract for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any, excess cost occasioned by the Owner thereby, and, in such event, the Owner may take possession and utilize in com- pleting the work such materials, appliances, and plant as may be on the site of the work and necessary therefor. GC-8 OWNER' S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work pro- perly or fail to perform any provision of this contract, the Owner after three days written notice to the Contractor and his surety, may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment due the Contractor. General Conditions Page 4. GC-9 PAYMENT Once a month, the Owner will make partial payment to the Contractor on the basis one-twelfth (1/12) of the lump sum bid price. GC-10 OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF In addition to the payment to be retained by the Owner under a preceding provision of these General Conditions, the Owner may withhold a sufficient amount of any payment otherwise due the Contractor to cover (a) payments that may be past due and payable for just claims for labor and materials furnished in and about the performance of the work on the project under this contract, (b) for defective work not remedied, and (c) for failure of the Contractor to make proper payments to his subcontractors. The Owner shall disburse and shall have the right to act as agent pursuant to this paragraph to the party or parties who are entitled to payment therefrom. The Owner will render to the Contractor a proper accounting of all such funds disbursed in behalf of the Contractor. SPECIFICATIONS REFUSE REMOVAL SERVICE A. GENERAL 1 . Bulk refuse containers are the property of the University of Wisconsin- Oshkosh campus and may be inspected at the various campus locations. At any locations where multiple.container pick-ups are required, the bidder has the option of supplying his own larger container if mutually agreeable with the University Facilities Management Representatives. However, the contractor must furnish containers at any and all locations for which the University may not have adequate containers existing. The containers must be placed and maintained in such locations as directed by the above named Facilities Management Representatives noted in paragraph A-1 . They must be positioned in such orientation that their presence is not obstructing other University related activities. 2. The low bidder shall have the proper equipment to handle the bulk refuse containers. Any damage to the bulk refuse containers during loading and unloading shall be the responsibility of the low bidder. 3. All refuse pick-ups are on off street locations . 4. The low bidder shall be responsible for the proper disposal of all refuse from the pick-up locations at the University of Wisconsin- Oshkosh campus to the Winnebago County Sanitary Landfill Site, located approximately 1 1/2 miles north of the City. 5. The low bidder shall be responsible for blowing paper and refuse during loading and while transporting from points of pick-up to the point of disposal . All loose paper and refuse shall be picked-up and the surrounding area shall be policed of all loose paper and refuse. 6. The low bidder will be paid a fixed total of $l ,?•OD .CrOfor dumping fees at the Winnebago County Sanitary Landfill site, as shown in bid item #2 of the proposal . The $.1, 700 .00 is based on the estimated tonnage to be removed from the UW-0 sites at $3.40 per ton. If the low bidder feels the $ 1 fi O0 .00 i s not a sufficient amount to cover dumping fees, he shall reflect any additional costs in bid item #1 . 7. Payment by the owner will be in 12 equal amounts. 8. This contract is to be for a term of one year. If the renewal fee appears reasonable, the intent of the City is to renew the contract for another year. The renewal fee will be conveyed to the City by October l , 198'4 . • Specifications Page 2 B. Location and Schedule 1. Refuse shall be removed from the following scheduled pick-up locations at the University of Wisconsin-Oshkosh campus: Daily Pick-Ups (Monday thru Friday) to be made as follows: Number and size • Location Address of Containers 1. Scott Hall (North 625 Algoma Blvd. 6 1 yd 2. Scott Hall (South) 625 Algoma Blvd. 6 1 yd There shall be two pick-ups per day the first week of each semester at the above locations 1 & 2 and during the week of the EAA Convention. There shall also be one pick-up on both the December and May Saturday graduation days. 3. Gruenhagen Hall (North) 208 Osceola St. 5 1 yd 4. Gruenhagen Hall (South) 208 Osceola St. 6 1 yd There shall be two pick-ups per day at the above locations 3 & 4 during the EAA Convention. Monday, Wednesday, Friday Pick-Ups to be Made as Follows: 5. Albee Hall 776 Algoma Blvd. 5 1 yd 6. Radford Hall 777 Algoma Blvd. 3 1 yd 7. Clow 805 Algoma Blvd. 4 1 yd 8. Nursing/Education 845 Algoma Blvd. 2 1 yd 9. Arts/Communications (West) 926 Woodland 2 1 yd 10. Arts/Communications (N& S) Elmwood Entrance 3 1 yd 11. Kolf Phy Ed Center 785 High Avenue 4 1 yd 12. Swart Campus School 912 Algoma Blvd 2 1 yd 13. Facilities Mgmt. Center 845 High Avenue 2 1 yd 14. Polk Library 801 Elmwood Avenue 4 1 yd 15. Halsey Science Center 921 Elmwood Avenue 3 1 yd 16. Harrington Hall 845 Elmwood Avenue 3 1 yd 17. Acquatic Field Studies 783 Pearl (Riverfront) 1 1 yd 18. Heating Plant 1010 Woodland Avenue 1 1 yd 19. Reeve Union 748 Algoma Blvd. 5 1 yd 20. Clemans Hall 736 Algoma Blvd. 3 1 yd 21. Breese Hall 703 Elmwood Avenue 3 1 yd 22. Donner Hall 820 High Avenue 2 1 yd 23. Taylor Hall (South) 780 High Avenue 2 1 yd 24. Taylor Hall (East) 780 High Avenue 2 1 yd 25. Fletcher Hall 712 Elmwood Avenue 2 1 yd 26. Stewart Hall 723 W. Lincoln Avenue 3 1 yd There shall be daily pick-ups the first week of each semester and during the week of the EAA Convention at the above locations 20 through 26. Specifications Page 3 Monday Pick-Ups to be Made as Follows: 27. Titan Stadium 450 Josslyn Street 2 1 yd There shall be a pick-up each Monday between August 15 and November 19 at the above location 27. For any further clarifying information, contact Mr. Gerald Konrad of the Department of Public Works at City Hall - (414) 424-0296. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS , that Contractor, as principal, and as surety are held and firmly bound unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of Dollars ($ ) to be paid to the Owner for which payment well and truly to be made we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns firmly to these presents. THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that WHEREAS, the said did, on the day of , 19 , by articles that date, enter into a contract with the Owner for the NOW, THEREFORE, if the said Contractor shall save and hold harmless the said Owner from all Public Liability and Damages of every description in connection therewith, shall well and faithfully in all things fulfill the said contract, according to all the conditions and stipulations therein contained, in all respects, and shall save and hold harmless the said Owner from and against all liens and claims of every description in connection therewith, including payment for all materials, labor, and equipment, then this obligation shall be void and of no effect, but otherwise, it shall remain in full force and virtue, and in the event that the said Owner shall extend the time for completion of the work or otherwise modify elements of the contract in accordance with provisions thereof, such extensions of time or modifications of the contract shall not in any way release the sureties of this bond. WITNESS OUR HANDS AND SEALS this DAY OF , 19 In the Presence of : (SEAL) (SEAL) Principal (SEAL) (SEAL) Surety CONSTRUCTION CONTRACT THIS AGREEMENT made on the day of 19 , by and between the CITY OF OSHKOSH, Party of the first part, hereinafter referred to as the CITY, and party of the second part, hereinafter referred to as the CONTRACTOR. WITNESSETH: That the City and the Contractor, for the considera- tions 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: 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 com- menced 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 $ , adjusted by any changes as provided in the General Conditions, 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 estima- ted figure, and the City shall, in such cases pay to the Contractor for the performance of the Contract the amounts determined for the 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 complete this Contract is such that the progress payments are required, they shall be made according to the provisions set forth in the General Conditions. Construction Contract Page 2. 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 anywise 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 prosecution 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 adjusted to pay on any such claims or demands 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 fully a part of this contract as if herein set out ver- batim 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 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. AND 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 or their legal representatives, successors and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be sub- scribed to by its Manager and City Clerk and countersigned 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 written. Construction Contract Page 3 In the Presence of: CONTRACTOR By: (Specify Title) (Seal of Contractor, if a Corporation) By: In the Presence of: CITY OF OSHKOSH, WISCONSIN By: CITY MANAGER By: CITY CLERK (Seal of City) I hereby certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within contract. COMPTROLLER Approved as to form and execution: CITY ATTORNEY PROPOSAL REFUSE REMOVAL SERVICE The undersigned, having familiarized himself with the local conditions affecting the cost of the work and with the contract documents including Advertisement for Bids, Instruction to Bidders, General Conditions, the form of the Proposal , the form of the Contract, the form of the Bond, and Specifications on file in the office of the Purchasing Agent of the City of Oshkosh, Wisconsin, hereby proposes to perform everything required to be performed and to provide and furnish all of the labor, materials, necessary tools, materials or expendable material , and all utility and transportation service, and appurtenances necessary to perform and complete in a workmanlike manner all of the work required and as called for in the proposal in connection with the refuse removal service for the University of Wisconsin-Oshkosh campus, in accordance with the specifications, for the following price: Bid Item #1 : Refuse removal , as specified, for the 12 month period be- ginning January 1 , 1984 lump sum of $ 8944.00 LIGHT Th0ULi i L ALOE HUNDRED FORTY FOUR DOLLARS (written) Bid Item #2: Dumping fee for 12 month period beginning January 1 , 1984 $ 1 ,700 .00 figure One Thousand Seven Hundred Dollars written TOTAL BID ITEMS #1 & #2 $ 10,6L .00 figure TEN THOUSAND SIX HIT101?H D FORTY RAM DOLLARa written I hereby certify that all statements are made in behalf of VAI,LFY SANITATION (DIV OF CASE'S h!UTAWAY, INC.) (Name of Corporation, Partnership or Person submitting Bid) a corporation organized and existing under the laws of the State of WISCOTSIN ; a Partnership consisting of ; an Individual trading as ; of the City of USHKUSH, State of WISCONSIN Proposal Page 2 That I have examined and carefully prepared this Proposal from the Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such . statements and submit this Proposal in (its) (their) behalf, and that said statements are true and correct. (Signature) P;ES IDENT (Title, if any) 248 COWLING BAY rz.OAD Address dEL Nt,H, WI 54956 Subscribed and sworn to before me this Ic? day of (5 , 19 g . Notary Public, o o er o facer authorized to a 'nister oaths. (Bidder should not add any conditions or qualifying statements to this Proposal as otherwise the Proposal may be declared irregular as not being responsive to the advertisement. ) Accompanying this Proposal is a CErcTIFIED CHECK (certified check, bid bond, etc. ) in the amount of 'FIVE HUNDRED THIRTY FIVE (Dollars) $ 535.00 or 5 % of the total amount of the bid, as called for in the invitation to bid.