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HomeMy WebLinkAboutJPR Contracting Corp A G R E E M E N T THIS AGREEMENT made and entered into this 18th day of February , 1983 , by and between J. P. R. CONTRACTING CORP. of 4510 Clairville Rd. , 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 17th day of February 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: rental of equipment for Parks Department - April thru October, 1983 Alternate Bid: 3/4 - 11/2 C.Y. Loader per Hour: $32.00 according to the specifications and bid for same on file in the office of the City Clerk. NOW, THEREFORE, pursuant to said resolution of the Common Council of the City of Oshkosh, the parties hereto agree as follows: 1 . That the party of the first part will. furnish same to the City, all in accordance with the specifications and bid on file in the office of the City Clerk. 2. That no assignment of this agreement or of any rights thereunder by said party of the first part, shall be valid without the written consent of the City; and that this document including the specifications and bid, constitutes the entire agreement between the parties hereto and that any understanding either oral or written, not a part hereof shall not be binding on either party. 3. That in consideration thereof, the City will pay to the first party the sum of )$X(See description above.) 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: J.P.R. CONTRACTING CORP. By: / I.-, Signatu of sole proprietor, or n. e or co p.oration or partnership • President or Partner Secretary CITY OF OSHK SH IP Ps ,u' � '_�- �I I,. BY: G -""�� 41 W1L 'IAM D. FRUEH, City Manager • DONNA C. LUEBKE , Ci y Clerk I hereby certify that the necessary provisions have been made to oay the Approved as to form and liability that will accrue under this execution: cont act: `' ) a not ]ISM EDWARD A. NOKES, City Comptroller TOM W. AHRENS, Asst. City Attorney e v ONr 0 -1C O 'p O "U 'TJ OLnC-, DI cn • Di 01 (D Cn Ui • N • hi (n Q1 (D =' N cnri O' I-' ro 0• 0 1-. 7w1-n --a c x Z X 0 • x • m X r11 o • 0 z 0 xl o t77 Q. O CO D3 m • 7C Cn n • Co 0 I-1 Cn o '-11 3- • N 7' r• 7 I--' S x r- '•C o r- - BCD - W n - 0 - a � 1--' W 0 H. 0 N cn W F-' : cn W Zri Ems- en r+ W C (.0 I-I- Cn H < rt r- A. r- (-I- X' (D tr rt H• Pi -4 r U' W DI cn 0 cn I-' W to 0 U1 'p0 Sri 41. H0 41. 0 .o y Lo Z 'o (D rt Co rt 140 O > hi 0 0 r• 0 DI 0 H C 0 H H Z w H c) O a Q., x H- n al o CD k(] ri H 'O 0 n 0 i H :t1 'CI Z tri 0 Z H a t» r N N W +P 1 = 'T7 H O to co Q1 Ul O C7 ,-xi f 1 . I C t7 Cl) 3 • o t 0 0 0 Z O 'T1 10 ro O c Y ro tT1 Z H CI z PC Z el Jr) 3 t7 > CI Pi Z t1 � y r W > O w x1 t7 ro > C tri Z d > ro H CI z > r La 0 'w Ui w :U 1 G x7 • ,' o r f• \ • • i ro H H 3 x o • ..r, 0 0 o t�w\� 0 n �7 o X01 0 o xln - y C m • 1--1 0 7 � O "C LO n C . CO H XI w 0 bC el Z H o W N W N w W W +-3 H w Ho +P 01 C11 vi o Z > c z yr cn • cn o 0 o n t7 00 00 0 0 o xtil 3 hi W hi W hi hi W txi O Si a I a W (D W (D W W (D C 1-3 x a x a x x a O �J I `-m om/ 1-, , ma H m H ro C H z11 S N Y H Z Z zN z CI (D o NaQ N Z 2:1 rt rt rt rt (D 3 H rt cn w w w w 0 0 0 o w a o W en Purchasing Division • P .O. BOx 1130 Oshkosh , WI 54902 NOTICE TO VENDORS : 1. We are submitting wherewith for your consideration an in- vitation to bid on: EQUIPMENT RENTAL FOR PARKS DEPARTMENT APRIL THRU OCTOBER 1983 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 Equipment Rental " . 3 . Bids must be on file in the office of the Purchasing Agent no later than 10 : 30 a.m. , C.S .T. , Thursday, February 10 , 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 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 . 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: January 28th & 31st , 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 FOR RENTAL OF EQUIPMENT 1 . The vendor must bid various types of equipment on an hourly rate, portal- to-portal . 2. Hourly rate must include qualified, experienced operator. 3. The vendor shall schedule the work within a reasonable time frame given by the City. 4. Vendor is responsible for any equipment transportation costs, maintenance, or damage incurred in the operation or storage at the work site. 5. Vendor shall use good condition, reliable equipment in order to prevent downtime 6. The City Parks Department will be in need of the following types of equip- ment on a "will call basis": *Power Grader *3/4 - 1/ Cubic Yard Loader *Tandem Dump Truck or Tri-Axle 7. The Contractor shall carry liability and workmen's compensation insurance and must show evidence of such coverage to the City Clerk at the 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 divers of the rented vehicles. 8. For billing purposes, the contractor shall keep an accurate record of the hours his equipment with drivers is hired and then send his invoice, in duplicate, to the Purchasing Division for payment. • PROPOSAL EQUIPMENT RENTAL APRIL THROUGH OCTOBER 1983 We , the undersigned propose to rent to the City of Oshkosh Park ' s Department the following equipment in accordance with the specifi- cations herein: Power Grader 3 c per hour 3/4 - 11 Cubic yd loader Ni er hour �I�l Nei per hour or Tri Axle ,34 per hour Terms : % l days ) 3 f C /L, 7 Z i-1(7 /w ( o/& , Name of Company .I t es SUBMITTED BY: • "obi - .17" e and title of person ma 'ing out •id. `" Z � 1983 `-f c/ 0 £ "I1. t'1LL l / Date Address of Company P Y P:; vt, i s . c T 7d j