HomeMy WebLinkAboutJohn M Clark & Son construction A G R E E M E N T
THIS AGREEMENT made and entered into this 16th day of December , 198 3 ,
by and between JOHN M. CLARK & SON CONSTRUCTION of
1825 Minnesota St.. Oshkosh, WI 54901 , 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 resolution duly
adopted on the 15th day of December , 1983 , accepted the bid of the first
party and authorized and directed the proper City officials to enter into an agree-
ment with the party of the first part for:
sidewalk snow and ice removal (when property owners do not shovel their sidewalks)
at a bid price of $30.00 per hour,
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 without 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 $ 30.00/hour , 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 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: JOHN . CLARK & SON CONSTRUCTION
7
By:
eIC'w;,44?
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Si . ..ture o sole proprietor, or name
or corporation or partnership
./Loo
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President or Partner
Secretary
rlTY OF ,^,cHKnSH/
4eK14'11 / / Pe �� By: Zee. fix"
1 WILLI D. FRUEH, City Manager
BY: ,1 111 ! / 1j-
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: f.. contract:
2Ltij 1(69/
r 4 ;.r 0a■ 4144`:t1 -e eyF'1 v EDWARD A. NOKES, City Comptroller
TOM W. AHRENS , Asst. City Attorney
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PROPOSAL
SIDEWALK SNOW AND ICE REMOVAL
We , the undersigned , propose to carry out the assigned sidewalk
snow and ice removal projects , in accordance with the specifications ,
from the date of award of this contract through April of 1984 , for
the following hourly rate : l
$ <34f
Per hour
(Include all cost of labor , materials (salt , etc . ) and use of machinery
in hourly price ) .
List and describe equipment you will use to carry out this sidewalk
snow and ice removal contract :
� ma r Z t I
. G? c ,) . 2�t ,er =-4 I
c r- --)//y q ,
, fi � )t, .
�7//�"� ( 1-: -
ame of Company
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SUBMITTED BY: �j / C__. �/
me and title of person making
-dut this bid .
I /��
1983 ? / C �/ � � /c �.
Date Address of Company
•
r
Cifir OF iiiroD
roi SOX 1130
0110016011*VOISCONSIN SOU
m,MU I. 213 CF*SCH AVE
Purchasing Division
NOTICE TO VENDORS:
1. We are submitting wherewith for your consideration an in-
vitation to bid on:
SIDEWALK SNOW AND ICE REMOVAL SERVICE FROM AWARD
OF THIS CONTRACT THROUGH APRIL 1984
2. Bids must be addressed to Oshkosh Pure-balling 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 Sidewalk Snow Removal"
3 . Bids must be on file in the office of the Purchasing Agent no
later than 10 :30 a.m. , C.S.T. , Thursday,, December 8, 1983
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 diys 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
< 4 a ` . Ad ante. will e . soon t area ter
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) 424-0265.
William D. Frueh
City Manager
PUBLISH: November 23 4 280 1983
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
SIDEWALK SNOW AND ICE REMOVAL
(When property owners fail to shovel their sidewalks)
1. Bids are requested on removal of snow and ice from sidewalks.
If snow becomes packed and turns to ice on unshoveled sidewalks
or ice forms in any other way and is not removed by the
property owner, the Contractor may have to use rock salt, or
a like material, to make it possible for him to remove the
ice from the walk. Such material is to be furnished by the
Contractor as part of his bid price.
2. Contractor shall be available for work on a 12-hour notice
from the City. Following a snow storm, he shall be ready with
his snow removal equipment in good working condition, for
all work ordered by the City and shall perform continuously,
in at least eight hour shifts, until work is completed,
barring equipment failure.
3. The contractor will be furnished a list of the sidewalks to
be cleared of snow and/or ice. The contractor will not be
paid for sidewalks cleared that are not on such list. For
billing purposes by the City, the contractor shall keep an
accurate record, on Forms for Payment furnished to him by the
Engineering Division, of the:
a. Address or location of each parcel
b. Date and exact time of removal
c. Time required to remove snow or ice
d. Approximate length of walk at each location
e. Any remarks
4. The Form for Payment is to be returned with the above information
to the City Engineering Office within one week after the work is
performed.
5. The contractor shall furnish all labor, materials, and equip-
ment to complete the required work.
6. The contractor shall carry liability and worker's compensation
insurance and must show evidence of such coverage to the City
Clerk at time of executing the contract so the City of
Oshkosh will be held harmless in the event of any accident.,
property damage, or injury to the public or the drivers of
his equipment.
7. It is the intent of the City to have this work done by a light
weight piece of equipment that will not crack up or damage the
sidewalk from which the snow is removed (For example, an
International Tractor with Loader and 60" bucket) . The
Contractor will be held responsible for damages to sidewalks ,
trees, structures, grass areas, and any other items due to his
operations.
SPECIFICATIONS (Continued)
8. As part of his proposal, the contractor shall describe the
equipment he has available and intends to use to perform
this work so such information can be considered in awarding
the contract.
9 . The City reserves the right to have the Director of Public
Works, or someone assigned by him, inspect the contractor' s
equipment, if deemed necessary, in evaluating his bid before
the City awards the contract.
PROPOSAL
SIDEWALK SNOW AND ICE REMOVAL
We , the undersigned , propose to carry out the assigned sidewalk
snow and ice removal projects , in accordance with the specifications ,
from the date of award of this contract through April of 1984 , for
the following hourly rate :
Per hour
(Include all cost of labor , materials (salt , etc. ) and use of machinery
in hourly price ) .
List and describe equipment you will use to carry out this sidewalk
snow and ice removal contract :
Name of Company
SUBMITTED BY:
Name and title of person making
out this bid .
1983
Date Address of Company