HomeMy WebLinkAboutBark River Culvert & Equipment (1979) A G R E E M E N T
THIS AGREEMENT made and entered into this /p day of April , 197 9 ,
by and between BARK RIVER CULVERT & EQUIPMENT CO. of
600 Liberty Street, Green Bay, WT 54303 , 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 5th day of April , 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:
ONE BACKHOE FOR RIVERSIDE COY
$14,118.00
IHC 250A Trade-In: One 1967 IHC Model 3414
w/trade-in
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 $14,118.00 , 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:
BARK RIVER CULVERT & EQUIPMENT CO.
Signature of sole proprietor, or name
or corporation o partnership
f ��►'L r . . i G�-1, .4 iZ Vii' i 2.."`
�� ' President
£2 0\ give
Secretary !.s -7-) 1
CITY OF OSHK' H /
j WILLIAM D. FRUEH, City Manager
( -1 '- f'2C �;/txj, By: . ,f, .�t 41I: •
CONVERSE C. MARKS, - Clerk
I hereby certify that the necessary
provisions have been made to pay the
Approved as to form liability that will accrue under this
acontract :_....,„,,,„,,_s) 0 ,,, 1„,„,,,,
W. PEN E, City Attorney DIE, City Comptroller
(1
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•
Quotation 3-81-79
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:
ONE (1 ) LOADER/BACKHOE TRACTOR FOR
RIVERSIDE CEMETERY
2. Bids must be addressed to Oshkosh Purchasing Division, Department of Admin-
istration, City Hall , Oshkosh, Wisconsin. Envelope shall show name of
bidder, and must be plainly marked in the lower left hand corner "Bid for
Loader/Backhoe" .
3. Bids must be on file in the office of the Purchasing Agent no later than
10 :30 A.M. , C .S.T. , Wednesday, March 28, 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. 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 executed 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 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:
March 17, 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 he considered.
SPECIFICIATIONS
LOADER/BACK HOE TRACTOR
FOR
RIVERSIDE CEMETERY
En ine: J 60-70 rated horsepower,P , 3-4 cylinder, heavy-duty diesel-
type engine.
Transmission: Automatic (Hydrostatic) Hi-Lo rang slector lever. Forward
or reverse is variable without changing throttle setting.
Differential Lock: Foot operated
pedal on right side of platform providing equal
drive to both rear wheels.
Axles: Front - beamed-rated at 10-12,000
pounds
Rear - line type, working capacity14000wp capacity
pounds working
Steer-i n�c ' Power steering.
Brakes: Hydraulic.
Tires: Front - 11L-16 8 ply rating )
Rear - L-24 o ply rating) semi pneumatic
�C1
Other Equimen /611-2`-f Fenders with two front headlights, two stop and tail lights,
two amber flashing lights; heavy wrap-around grille guard,
ammeter, ether starting aid, fuel and heat indicator, hour-
meter, horn, oil pressure, tachometer, fuel tank, radiator,
voltage regulator, 4-way flasher with turn signal switch.
Front-End Loader:
Bucket width: 7-6-5-inches 1
Bucket capacity: 3/4 cubic
yard
Maximum Lift: ` 0
4,000 pounds (,k
Standard Equipment: Anti-cavitation and
quick
indicator, deluxe seat with uforward/reverse eadjustment
hardened steel pins with recessed grease fittings;
horizontal hitch stabilizers, hydraulic self-leveling,
single lever loader control , full hydraulic system.
Back Hoe:
Maximum digging depth: 14' 0" 14' 7"
Ground Clearance: 12-13.5 :aches
..rte
SPECIFICATIONS (Coned.)
Standard Bucket: 24 inches
Also Required: 36" cemetery bucket front counterweight (minimum: 350 pounds) ,
frost breakers, 2-lever control , cemetery pads, full hydraulic
system.
Cab: Fully enclosed ROPS cab, including sliding upper half
door (L&R) with hinged lower half (L&R) , heater, wind-
shield wiper, tinted safety glass, dome light.
Miscellaneous: Slow-moving vehicle emblem; OSHA approved wheel back-up
alarm.
TRADE-IN: One (1) International 1967 Model 3414 loader/back hoe with
36 inch bucket; can be inspected at Riverside Cemetery,
1901 Algoma Boulevard. For advance arrangements, call
George Gunther, (414) 424-0459.
•
PROPOSAL
We, the undersigned, propose to furnish the City of Oshkosh Riverside Cemetery,
1901 Algoma Blvd. , Oshkosh, WI , 54901 , one (1) Loader/Back Hoe Tractor accord-
ing to specifications or noted exceptions for the following amount:
International 250A $ 30, 533. 00
Make and Model
Less Trade-In (1) 1967 INC Model 3414 $ 16, 415. 00
Net Bid with Trade-In $ 14,118. 00
Alternate:
Bid for the same vehicle but without Trade-In $ 25,900. 00
Delivery in 45 days after receipt of order.
Warranty Six (6) Months
Terms Net i 30 days.
Bark River Culvert & Equipment Co.
Name of Company
SUBMITTED BY: Sales Rep.
ame & Title of Perso• Making Out Bid
3-26 1979 Green Bay, Wisconsin
Date Address of Company
NOTE : We propose to furnish the above with 16. 9-24 6PR rear tires
and Four (4) lever hydraulic control.
•
11::)2 Deposit•
F ideli ty and C
HOME OFFICE OF MARYLAND BALTIMORE, MD, 21203
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Earl... Liver Culvert E< Lrtui.pr.ient CQ=
Green ,.air, ,isconsin
, as Principal, (hereinafter called the "Principal"), and
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized
under the laws of the State of Maryland,as Surety, (hereinafter called the"Surety"),are held and firmly bound
unto The City of Oshkosh, Wisconsin
as Obligee, (hereinafter called the "Obligee"),
in the sum of
Five per cent of Principals maximum bid Dollars ($--5% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
a Loader Backhoe as advertised for
WHEREAS, the Principal has submitted a bid for
March 28, 1979
NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be
specified in the bidding or contract documents with good and sufficient surety for the faithful performance of
such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said
bid and such larger amount for which the Obligee may in good faith contract with another party to perform
the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.
March 79
Signed and sealed this 26th day of A.D. 19
,,a.i—. Liver Culvert i.]nui.iment Co. (SEAL)
((;72 ., Z V .'‘: )L .
ik AI
Pr"ncipal
S ..$\ 0 Vice Pres. ,
tness :y:
i Title
- FIDELITY AND DEPOSIT COMPANY OF MARYSLAND
^ , ) ► r lJ (SEAL)
} Title
Witness ,
C325d-130M,6-76 200926
Approved by The American Institute of Architects,
A.I.A. Document No.A-310 February 1970 Edition.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: BALTIMORE,MD.
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland,by C. M. PECOT, JR. ,Vice-President,and C. W. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com-
pany, which reads as follows:
"The President,or any one of the Executive Vice-Presidents,or any one of the additional Vice-Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power. by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant
Secretaries and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on
behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and
assignments of judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu-
ments which the business of the Company may require,and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint Robert M. McKenna, James A. Temp, Gerald J.
Mortell, Roger G. Ferris, R. H. Boland, Mark R. Boland. and Jeanie Hlinak, all of.
Green Bay, Wisconsin, EACH
its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings
• no the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company,as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of Robert M. McKenna, etal,
dated March 16, 1978 and on behalf of Robert M. McKenna, etal, dated April 30,
1976.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of
said Company,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this-
17th day of , A.D. 19.78....
+••.,. FIDELITY AND DEPOSIT COMPANY OF MARYLAND
a�D DE Poir.
-,•,> n„ 00 ATTEST:
xm T` B y °k(79;:44#/re-°
"�y •
4"mr Nt l Assistant Secretary Vice-President
STATE OF MARYLAND ) SS:
CITY OF BALTIMORE J
On this 17th day of April A.D. 19 78
before the subscriber, a Notary Public of the State of
;
Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described
in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,
severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year
first above written.
O A,T
yet? NqG l
=m:• • Notary Public Commission Expiressildl,y..-�.•--
% •' '• y; CERTIFICATE
iMOReE�\,
I,the undersigned,Assistant�Jecretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original
Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I
do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held On the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
2..6±h day of Ma rah , 19 79.
Assistant ' cretary
L1419—Ctf. 205711