HomeMy WebLinkAboutBrooks Construction Equip/Street Dept A G R E E M E N T
THIS AGREEMENT made and entered into this /d day of April , 197 9 ,
by and between BROOKS CONSTRUCTION EQUIPMENT CORPORATION of
Highway 41, P.O. Box W-A, DePere, WI 54115 , 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 LEAF LOADER FOR STREET DEPARTMENT
American 400 TRADE-IN: One 1954 American Vacuum Leaf Loader
$10,150.00
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 $ 10,150.00 , 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:
BROOKS CONSTRUCTION EQUIPMENT CORPORATION
Signature of sole proprietor, or name
or:or ratio or partnership
4 r Partner
L �
President
Secretary
CITY OF OSHKO H
BY:
WILLIAM D. FRUEH, City Manager
1 r / — %"
CONVERSE C. MARK , , ■i Clerk
I hereby certify that the necessary
provisions have been made to pay the
Ap.roved as to form liability that will accrue under this
contract:
N W. PENC , City Attorney 1,PPRVIIMMOGUE, City Comptroller
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Brooks Construction Equipment Corp.
Highway 41, P.O. Box W-A
DePere, Wisconsin 54115
March 26, 1979
City of Oshkosh,
Department of Administration
Purchasing Division
P. 0. Box 1130
Oshkosh, Wi 54902
Gentlemen,
We wish to submit for your consideration one new American
Vacuum Leaf Loader Model 400. This machine is equipped
with a Ford industrial engine of 300 cu.in. and 132 h.p.
The blower on this machine is 31 1/2 inches with 5/16 inch
abrasion resistant dynamically balanced blocks. The American
Vacuum Leaf Loader also differs slightly from specifications
in that the trailer frame is 4 inch structural steel channels.
It has a 10 inch diameter over center clutch and the discharge
duct is 227 square inches.
If you have any further questions, please call me.
Sincerely,
7' ji—
,.�.-�Ze---
Michael W. Zenko
Sales Representative
BROOKS CONSTRUCTION EQUIPMENT CORP.
MWZ/js
enc.
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CITY OF OSHKOSH
WISCONSIN
CITY
OF
OSHKOSH
INVITATION FOR BIDS
SPECIFICATIONS AND
PROPOSAL FORM
FOR
ONE (1 ) LEAF LOADER FOR STREET DIVISION
PURCHASING DIVISION
Department of Administration
Purchasing Division
P.O. Box 1130
Oshkosh, WI 54902
NOTICE IO VENDORS:
1 . We are submitting herewith for your consideration an invitation to bid on:
one (1) Leaf Loader for the Street Divison.
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
Leaf Loader".
3. Bids must be on file in the office of the Purchasing Agent no later than
1D•30 AM CST Tuesday, March 27, L979
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 pro', i ?ons.
12. If two or more bidders submit idntiCrl kids :-nd =are equally qualified, the
decision of the City to make award to one or more of such bidders shall be
final . Selection shall be ;jade by drawing lots. Cash discounts, when 10
days or longer arc' a! : ,; '
SPECIFICATIONS
LEAF LOADER
GENERAL:
A compact two-wheel trailer type leaf loader designed to pick up leaves by means
of vacuum from the left or right side. The leaves shall pass through the
blower, be pulverized and discharged through the discharge duct.
BLOWER:
33" dia. minimum. Blower wheel 1/2" thick minimum blades of alloy steel , abrasion
resistant and 135,000 PSI tensile strength. The blower housing unit shall be
1/4" steel and have removable scroll liner plates of 1/4" thick abrasion resistant
steel . The blower shaft shall be no less than 2-3/16" diameter alloy steel supported
by two high capacity self-aligning spherical roller bearings 2-3/16 diameter.
BLOWER DRIVE
High capacity, multiple V-belt drive with a tension device.
POWER UNIT:
6 cylinder, water cooled gasoline engine, 300 cubic inches and developing 132
HP. 12 volt electric starter and alternator. Single plate 8" dia. overcenter
clutch.
TRAILER:
Main frame shall be of 5" min. structural steel channel , front and rear hinged
type leg. 6,000 lb. minimum capacity heavy duty axle, spring suspension.
Automotive type 7-14.5 8 ply tubeless tires. Top wind zinc plated trailer jack
with caster shall be provided.
FENDERS:
The trailer shall be equipped with protective fenders over the tires.
TOW BAR:
A removable tow bar shall be furnished for mounting on either end of the trailer
frame by means of quick mounting pins. The tow bar shall have an adjustable
pintle hook for various heights.
DISCHARGE DUCT:
Heavy duty duct attached directli to blower exhaust. Duct to have an opening
area of not less than 190 sq. inches , mounted on a 22" dia. min. turntable in
either direcciore ihe discharge elbow shall have a 1/4" abrasion resistant
plate.
SPECIFICATIONS (Cont'd.)
TACHOMETER:
Furnish tachometer installed on engine.
HOURMETER:
Furnish hourmeter installed on engine.
FUEL GAUGE:
Furnish fuel gauge installed on gas tank.
DUAL LIGHTS SYSTEM: Furnish a dual system of a combination stop, tail and
directional lights and necessary wiring for use on either end of the trailer
when towing unit in either direction.
SAFETY BLINKING LIGHTS:
Two 7 inch diameter safety blinking lights installed, including wiring.
PAINTING:
Dupont Dulux #75306
TRADE-IN: One (1) 1954 Arherican Vacuum Leaf Loader can be inspected at the
Street Division Garage, 639 Witzel Avenue. For advance arrangements, call
Kenneth Robl (414) 424 0480.
PROPOSAL
We, the undersigned, propose to furnish the City of Oshkosh Street Division,
F.O.B. 639 Witzel Avenue, Oshkosh, Wisconsin 54901 one (1) Leaf Loader according
to specifications or noted exceptions for the following amount:
American Model 400 $ 11,912.00
MAKE & MODEL
Less Trade- In (1) 1954 American
Vacuum Leaf Loader $ 1,762.00
Net Bid with Trade- In $ 10,150.00
ALTERNATE:
Bid for the same vehicle but
without trade-in $ 10,850.00
Delivery in 30 to 45 days after receipt rf order.
Warranty 90 days on engine, 1 year on vacuum parts
Terms: Net % 10 days
Brooks Construction Equipment Corp.
NAME OF COMPANY
Zriff
Submitted by: Mich el W. Zenko,�Sale§--Representative
NAME & TITLE OF PERSON MAKING OUT BID
March 26 1979
Box W-A, Hwy 41, DePere, Wi 54115
DATE ADDRESS OF COMPANY
John Deere Insurance Company
A CAPITAL STOCK COMPANY
`JO■N DEERE)
P
SURETY BOND
Bond Number ' B-7714
Date Issued: 27 March 1979
Principal's Name and Address Brooks Construction Equipment Corporation
P. 0. Box A, Highway 41
DePere, Wisconsin 54115
J
POWER OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS, That JOHN DEERE INSURANCE COMPANY, a New York Corporation, does
hereby make, constitute and appoint Dennis E. Hoffmann, Raymond R. Kisch, A. L. Van Houten, Robert C. Cook and Karol
A. Grutz each, its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority conferred,to sign,execute,
acknowledge and deliver for and on its behalf as Surety, any and all bonds or obligations.
IN WITNESS WHEREOF, said JOHN DEERE INSURANCE COMPANY has caused these presents to be executed by its Vice
President and its Secretary with its corporate seal affixed this 3rd day of January , 19 78 .
‘`\NSURAN JOHN DEERE INSU NCE COMPANY )p
wI CORPORATE• ':�_ By �
t .b= Dennis E. Hoffman, Vice President
g SEAL :'
By
••• •••• ♦♦ Raymond R/ isch, Secretary
State of Illinois ) ie;/ YO s.♦♦
County of Rock Island )
I, Linda Soyke, Notary Public do hereby certify that Dennis E. Hoffmann, Vice President of JOHN DEERE INSURANCE
COMPANY, and Raymond R. Kisch, Secretary of said Company, personally known to me to be the same persons whose names
are subscribed to the foregoing instrument as such Vice president and Secretary, appeared before me this day in person, and
acknowledged that they signed, sealed and delivered the said instrument as the free and voluntary act of said JOHN DEERE
INSURANCE COMPANY, and as their own free and voluntary acts as such Vice President and as such Secretary, for the use
and purpose therein set forth.
Given under my hand and official seal,this 3rd day of January , 19 78 .
Notary Public
My commissio expires October 13, 1981
FORM 14000(1-78)
BID AND/OR PROPOSAL BOND
Know all Men by these Presents: Brooks Construction Equipment Corporation
DePere, Wisconsin
(hereinafter called the PRINCIPAL) and the John Deere Insurance Company, a
corporation created and existing under the laws of the State of New York, and
whose principal office is located in Moline, Illinois, (hereinafter called the
SURETY) are held and firmly bound unto
The City of Oshkosh, WI
(hereinafter called the OBLIGEE) in the full and just sum of $519.50
Five Hundred Nineteen and 50/100
Dollars good and lawful money of the United States of America, to the payment
of which said sum of money, well and truly to be made and done, the said
PRINCIPAL binds himself, his heirs, executors, administrators, successors,
and assigns, and the said SURETY binds itself, its successors and assigns,
jointly and severally, firmly by these presents.
Signed, sealed and dated this 27th day of March , A. D. , 19 79 .
The conditions of this obligation are such that if any awards made, w;*hin
sixty (60) days from the date of this instrument, by said OBLIGEE to the above
bounded PRINCIPAL under a public invitation for
1 - American Leaf Loader
shall be accepted by said PRINCIPAL and said PRINCIPAL shall enter into a
contract for the delivery of said equipment , and give Bond
with the John Deere Insurance Company, as surety, or with other surety or
sureties to be approved by the OBLIGEE for the faithful performance thereof,
then this obligation shall be null and void; otherwise to remain in full force
and effect.
PROVIDED: Fir st:--That the liability of the SURETY shall in no event
exceed the penalty of this bond.
Second:--That any suits at law or proceedings in equity
brought against said SURETY to recover any claim
hereunder, must be instituted within six (6) months from
the date of this instrument.
Brooks Construction Equipment Corporation
By: ra
(Principal)
John Deere Insurance Company
By 71 . / )
Assistant Secretary
Form 14001 (9/71)