HomeMy WebLinkAbout28480 / 76-19(�.��:ISED)
Cctober 21, J.976
# 19 RESOLUTION
P:HEREAS, the City of Oshkosh has heretofore advertised for
bids �or refuse removal service for University of Wisconsin-Oshkosh
campus, and
4•�i:r�RLnS, ��zpon tn� opening and tabulation of bids, it appears
�hat tne follo:aing i.s the lowest and most advantageous bid:
�^: INNEBArO INDUSTRIAL ta?ASTr , IP1C . $ 6, 4 9 0. 0 0
5016 Country Club Road
Cshkosh, ���I Sa901
r:OW, THEREFORE, BE IT RESOLVED by the Common Council of the
City of Oshkosh tha� the said bid is hereby accepted and the pr�per
C?�y oLficials are hereby authorized and directed to enter inta an
a:��ro�riate agreement for the purpose of same, all according to
�?ans, specifications, and bid on file. '�oney for this purpose
i� hereby pronosed to be a�pro�riated from ?�ccount NLxmb�r 050-56U,
ali ;�;ithin the 197"l Prelim.inary Budcr,et.
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AGREEMENT
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THIS AGREEMENT made and entered into this � day of �S ,,
197�,�? , by and between �dINNE6AG0 INDUSTRIAL WASTE, INC. of 5016 Country Club
Road, Oshkosh, Wisconsin 54901, party of the first part, and the CITY OF
OSHKOSH, a municipal corporation located �n Winnebago County, Wisconsin,
hereinafter referred to as the "City" and party of the second part,
tJITNESSETH:
WHEREAS, the Common Council of the C1ty of Oshkosh by resolution
duly adopted on the 21st day of October, 1976, accepted the bid of the first
party and authorized and directed the proper City officials to enter into an
agreement with the party of the first part for:
Refuse removal service for the University of Wisconsin-
Oshkosh campus for the 1977 calendar year
all 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 an file in the office of
the City Clerk.
2. That na assignment of th;s agreement or �f a�y 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 �6,490.00, upon presentation of a proper voucher, and
delivery and acceptance by the City in conformity on said specifications and
bid.
4. That the contractor shall not be required to furnish a surety
bond; although the specifications in Paragraph GC-4 require same.
5. That in the event of a violation of any of the provisions of
the contract by the contractor, the owner may serve written notice upon the
contractor of its intentions and take such actions, all as provided in
paragraph GC-7 of the spec�ifications; hourever, there will be no surety, and
ihe provisions with regard to the surety's rights and obligations as stated
�n GC-7 are considerecl deleted, and as s�ch, there shall be no "30 day
provision" but the owner's rights as stated in GC-7 with regard to the taking
over of work, costs and possession, etc. shall be in effect and shall be
subject only to the expiration of 10 days, pursuant to the 10-day notice
provision as stated in GC-7.
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6. Upon the expiration of the term of this contract, and upon
the proper fulfillinent by the contractor of his coniractual provisions,
the owner will make payment in full to the contractor, �vithout interest,
and as such, paragraph GC-9 of the specifications is deleted.
7. Upon the expiration of the term of this contract, the owner
may withhold a sufficient amount otherwise due the contractor to cover
(a) payments made far just claims fot• labor and mater�iais furnished in and
about the performance of the work on the project under this contract, (b)
for defective work not remedied, and (c) for the faiTure of the contractor
to make proper payments to his subcontractors. The owner shall disburse
and shall have the right to act as agent pursuant to this paragraph to the
party or parties who are entit]ed to payment therefrom. The ovrner will
render to the contractor a proper accounting of all such funds disbursed on
behalf of the contractor. Paragraph GC-10 of the specifications is hereby
considered deleted.
IN LdITNESS WHEREOF, the parties hereto have causpd 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 corporation 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: �--�
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Signature of sole proprietor, �r name�,''
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or cornoration or partners��i�, ��� � . �'•. �. �'�.
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Approved as to form and execution:
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6�JILLIAM P. NAGLE, ity Attorney's
Office
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ecretary
CITY OF OSHKOSH
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By : '; -��i/�%� .%'...<� J -f.! :' ����-�
WILLIAM D. FRUEH, City Manager
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By: `.' ;l�?;L!,(;'�-'tr-%. `�l ��%�.��� �L
CONVERSE C. MARKSy�-��y Clerk
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I hereby certify that the necessary pro-
visions have been made to pay the liabil-
ity i�at 11 crue nd r this contract:
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DEL aMA E, City Comptroller
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