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HomeMy WebLinkAboutAnderson Sod Farm/Parks Dept (1979) A G R E E M E N T THIS AGREEMENT made and entered into this / t/ day of Mach , 197 9 , by and between ANDERSON SOD FARM of 4069 Winnegamie Drive, Neenah, WI 54956 , 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 March , 197 9 , 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: SOD FOR PARKS DEPARTMENT $.60 per square yard 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 $ as 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 of 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: / Signature of sole proprietor, or name J 1 or corporation or partnership resident or PArtner 1% r/cr 71/cc r) S cretary CITY OF OS OSH /� H1.kOP14k L/2 .� �Q .1� By: . el- WILLIAM D. FRUEH, City Manager 44 By: 1�1 'Z e)71�h CO RSE C. MARKS, Jerk I hereby certify that the necessary provisions have been made to pay the Approved as to form liability that will accrue under this contract : 141 1110 • N W. PENCE, City Attorney D E, ity Comptroller • • x * b OO Lid W CAD 0 01 i y x I CD td v (I H. a Cn H CD CD I I-1 P v, 5.) P , . H C. rn� 11 n -- C) d 0 c+ • N. I" 0 (D 0 w a CD t b P, • 0' (_,S PD O Co En H. -/ ' • d td CA H d 0 U c CD En t ,-xl I oviiCCn b z 0 O tt=J o ff rd 0 0 ZP - rnn 0 O r, (n d Cn o t CCn 0 a d Cn Cn z x o rn pd P, y * * '1 NNNN NNVt --1 1--3 v,v,\.n\.n lnln0 t- ooa o00 O o PD NN o NA) 'I 0 Q Dan y I (D 0 1-3 t- � 2 0 j • F-' tad ` N CD tld CD N 0 CD• Po 11 Cn Pi 0 (n CD (n W • CD U) CD CD H ct ci- l.)-1 N 0 0 W a ci) cr) PROPOSAL SOD We , the undersigned, propose to furnish the City of Oshkosh, Wisconsin with sod in accordance- with the specifications , F.O.B. to various locations within the City of Oshkosh. Approx. 2,500 sq yds more or less. per Sq. Yd. $ total amount ALTERNATE: Mixture : 1• 5 Cj - -�✓�c 7," _ 7:-C-��`'-77 Name of Company SUBMITTED BY: <-� 2ce c" c4 I lame an. tit e o person ma ing out the bid. .� .2_3 1979 ate Name of Company Department of Administration Purchasing Division P.O. Box 1130 Oshkosh, WI 54902 NOTICE TO VENDORS: 1 . We are submitting herewith for your consideration an invitation to bid on: SOD FOR PARK DIVISION 2. Bids must be addressed to Oshkosh Purchasing Division, Department of Administration, City Hall , Oshkosh, Wisconsin. Envelope shall show name of bidder, and must be plainly marked in the lower left hand corner "Bid for Sod" . 3. Bids must be on file in the office of the Purchasing Agent no later than 10:30 a.m. , C.S.T. , Tuesday, March 6, 1979. 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 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 an 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 LaFontaine, Purchasing Agent, Room 312, City Hall or telephone (414)424-0265. William D. Frueh City Manager PUBLISH: February 17th & 24th, 1979 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. SPECIFICATION FOR SOD 1 . Sod must be clean of noxious weeds , diseases and insects . 2 . Sod must be of uniform thickness , even color and mowed to a common height . 3 . Sod must be cut just prior to delivery . The Di - rector of Parks reserves the right to reject any shipment which does not conform to the above spec- ifications . • 4 . Sod to be composed of one of the following formulas : #1 50% "Baron" Kentucky Blue Grass 25% "Majestic" Kentucky Blue Grass 25% "Nugget" Kentucky Blue Grass or #2 50% Warren "A-34" Ben-Sun Kentucky Blue Grass 25% "Glade" Kentucky Blue Grass 12i% "Merian" Kentucky Blue Grass 12i% "Nugget" Kentucky Blue Grass or Alternate : Vendor states mixture species and composi - tion . 5 . The Vendor must be able to deliver the sod upon three day ' s prior notice . The sod is to be delivered F . O . B . to various locations within the City of Oshkosh . 6 . Vendor shall quote the price per square yard . Final quantity will vary , but a minimum of 2 , 500 square yards will be required . PROPOSAL SOD We , the undersigned, propose to furnish the City of Oshkosh, Wisconsin with sod in accordance with the specifications , F.O.B. to various locations within the City of Oshkosh. Approx. 2,500 sq yds more or less. $ per Sq. Yd. $ total amount ALTERNATE: Mixture : Name of Company SUBMITTED BY: Name and title of person making out the bid. 1979 Date Name of Company