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CCR1998073COMMON COUNCIL -CITY OF MUSKEG0 RESOLUTION #73-98 APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEG0 AND WASTE MANAGEMENT SOUTHEAST WISCONSIN (Portable Toilet Facilities) BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Parks and Recreation Board and the Finance Committee, does hereby approve the attached Agreement between the City of Muskego and Waste Management Southeast Wisconsin for portable toilet facilities. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to execute the Agreement in the name of the City subject to approval of the City Attorney. DATED THIS 28th DAY OF APRIL , 1998. SPONSORED BY: FINANCE COMMllTEE Ald. Mark Slocomb Ald. David Sanders Aid. Nancy Salentine This is to certify that this is a true and accurate copy of Resolution #73-98 which was adopted by the Common Council of the City of Muskego. 4l98jmb AGREEMENT THIS AGREEMENT is dated as of the 16th day of April in the year 1998 by and between the City of Muskego (hereinafter called Owner) and Waste Management Southeast Wisconsin (hereinafter called Contractor) . Owner and Contractor, inconsideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. SCOPE OF WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described on the proposal form as follows: PORTABLE TOILET FACILITIES ARTICLE 2. CONTRACT PRICE Owner shall pay Contractor for completion of the Scope of Work in accordance with the Contractor Documents, in current funds, as follows: $6.535.00 PAYABLE IN MONTHLY INSTALLMENTS AS OUTLINE ON SITE PAGE ARTICLE 3. CONTRACT PERFORMANCE The Work shall be completed in the manner specified in the Scope of Work as outlined on location page. .. ARTICLE 4. CONTRACT DOCUMENTS The Contract Documents consist of the following component parts: 1. Public Notice 2. Scope of Work 3. Prequalification Statement 4. Insurance and Indemnification 6. Proposal Form 5. Consequences for Non-compliance 7. Agreement ARTICLE 5. PAYMENTS Contractor shall submit applications for payment for process by the Director of Parks and the Owner shall make payment accordingly. Contractor shall submit an invoice for each payment request. ARTICLE 6. MISCELLANEOUS b Owner and Contractor each binds itself, its partners, covenants, agreements and obligations set forth in the Contract successors, assigns and legal representatives in respect of all Documents. IN WITNESS WHEREOF, Contractor and Owner have signed this Agreement in four counterparts on the day and year first above written. (Contractor) SEAL By : (Signature) - (Print or Type Name) (Attest) CITY OF MUSKEGO David De Angelis, Mayor SEAL Jean K. Marenda, Clerk-Treasurer (Attest) This is to certify that provisions have been made to pay the expense that will accrue under this Contract: Jean K. Marenda, Clerk-Treasurer Approved as to form: (Owner's Attorney)