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HomeMy WebLinkAboutSecurity Fence & Supply AGREEMENT THIS AGREEMENT made and entered into this 19th day of July, 1985, by and between SECURITY FENCE & SUPPLY , 1510 DuBay Ave., Stevens Point, WI 54481, 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 reso- luton duly adopted on thel8th day of July, 1985, 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: • Menominee Park -- furnish/install fencing -- $2 ,450 .00 Electrical Garage -- furnish/install fencing -- $1,291.60 Parks Garage -- furnish/install fencing -- $7 ,480. 00 r 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 with-out the written consent of the City; and that this document including the specifications and bid, constitutes the entire agreement be- tween 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 (See 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 agree- ment to be signed by the proper officers of each party and their 1 corporate seals to be hereunto affixed all on the day and year first above written; then if first party is a corporation or part- nership, 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: SECURITY FENCE & SUPPLY brv ')1' _ 041-06.0- 4 cAre-CIGISItee% f 1!t( /K C BY: ; • Ale, ��t- fie// Signature of o- corporation 1:i t /1--(:W,ed(27d President or Partner Secretary CITY OF HKOSyH� -it .►. _f 1 Jii_ By- -11 . lL,.�-'a William D. Frueh, City " M a �a e x :J�I i ���: And: ^�? / .4_"? 6 f Donna C. Serwas, City Clerk Appro ed as to form an' execution: I hereby certify that the necessary provisions have " .1. ) ��: been made to pay the l ia- Warren P. Kraft, bility that will accrue Asst. City Attorney under this Contract. EDWARD A NOKES, City Comptroller 2 _ ___ COPY FOR THE INSURED :47 :"::r‘'' CERTIFICATE OF INSURANCE ,..—i, a ., ,.,,r. 4�� ws"° ` Wausau Insurance Companies This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. Name and address of Insured Producer No.: 6232 Galloway Landscape Construction, Inc. Place: Wausau 1520 Du Bay Avenue Date Issued: September 16, 1985 Stevens Point, WI 54481 Region: W L Y Kind of Coverage * Expiration Doe Policy Number ** Unless otherwise indicated, this pol•cy affords full coverage under the Workers Compensation laws of all states(except states where co.eroge con be provided only by Workers State Funds,and Canada)and as designated in the policy and endorsements for Employers Compensation** 13 8 1 86 0116 02 090963 Liability. �- Limits of Liability Comprehensive I z [8 1 86 0126 00 090963 Bodily Injury Property Damage General Liability S Fnr i�O<c urr once $ Each Occurrence 500,000 100,000 Special Multi-Peril or Ir S 500,000 Aggregate $ 1(�O'QQO Aggregate Trademark (Section II only) I 500 1 Products-Completed Operations: .Z Intruded IT Excluded Single Limn S Each Occurrence -- S Aggregate Contractual-All Written Contracts• 7-X inc'uded .� Not Covered $ Each Uccurrence $ Each Occurrence Owners', Landlords' and Tenants'Liability $ Aggregate Coniractuol Liability $ faritOccurrence S Each Occurrence Designated Contracts s Aggregate Only Single limn S Each Occurrence S Aggregate Automobile Liability 12 8 1 86 1 0126 02 090963 $ Per Person Per Accident $ Per Accident C� All Owned Autos � �[Hired ea ona Nonowned Autos L Specified Autos Only • Single Limit S 1,000,000 Per Accident S 1,000,000 Each Occurrence Umbrella 2 8 1 86 0126 03 090963 $ 1,000,000 Aggregate Products -Completed Operations Liability $ 10.000 Retention .--t Special Provisions/Locoiions/Specified Autos: Additional Named Insured: Security Fence Sr Supply Company Notwithstanding any reyi re't:enI term or Cc c on. of any contract or other documee• w th respect to which this certificate coy be issued or may pertain, the insurance offo'd- ed by the policy (policies)described abo.e -S s.a;ect to all of the terms, exclusions and conditions of such policy (po,iaes)do t,It e term(%)thereof *the er,'ry .t rqtmt,er r 'hi,cull,t,r, , •re coverage s affordec by the co,r.p ray di' alnotad by the same numbe'- City of Oshkosh *Issued by 2 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Issued to: • City Hall 3 WAUSAU UNDERWRITERS INSURANCE COMPANY 215 Church Avenue 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY P. 0. Box 1130 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU Oshkosh, WI 54902 ) Wtiv. "'J I-L oYDS . . sir,neci __ • • i - RESOLUTION # 14 z A N CCI 14 t i-- ,i, :2 A O U H W C C 0E4 CO 0 ro •a o ro •a o W w >,a 1.4 e,, � •-4 `° ma ,� Qaoro a\ 0(0I., `3 ' o D. Z 0 -41 m a o :..-+C 0 Z CO CT A -,.i >,2 CT A S. >,d a) gt IX H 0 0 >, ro N (4 R 0 RI (0 D.) U N b to .-1 C) V W 34 .-4 1� ,p to ro b >•• 4J >■ >, 0 'O Of • f C.4 A •t C 41 et rt) c E to ro >' U3 Z .• o .- O E .- .p r O .. .O �• ,Q W 0 W H A >'' O V H a p o 0 O a 0 W • O O p C4 w a N M> h 0 t-4 ' E$ t C H G] 0 t••• 14 U W 0 .a, < C < O HO O O :Q O 0 C W •p • 4) • 4:1 a • H '" E- 0 a - N_ E •- a CD U C.) co Lel U < l Cr S� Cn m o W a .- - N L. 0)0 L: C W 0 44 E, f1.4 a C • C) ra .] L N Q rcl < C W Y c O E, W ,o o tt o 'J o Z Z z 3 O 1. p H It a h X r • c0•) .-1 O 3 CR O SG L� RS G Q W N N N W N z c. 0 O o H 0 E o O cr. 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In - 22a PROPOSAL FURNISH AND INSTALL AND REPAIR FENCING FOR THE CITY OF OSHKOSH We , the undersigned , propose to furnish f.o . b. job site (s ) , the necessary material and provide the equipment , labor and insurance coverage , to furnish, install or repair for the City of Oshkosh, Wisconsin , as per specificaitons , the following: PARKS GARAGE , 805 Witzel Avenue $ Vjo/e) MENOMINEE PARK: $ ' y5 C)-U 1J ELECTRICAL GARAGE 926 Dempsey Trail $ 1 91 a (I RIVERSIDE CEMETERY $ /, G''70 0 ABOVE FOUR (4 ) COMBINED $ l/ Will begin /"D days after award of bid. Will complete 36) c64.. - Guarantee ( /e A E OF AND' TITLE -/F Z SP N A�K�G -sty OUT THE BID SUBMITTED BY: /5—" 6L7ce4:. Address (J Vi/F/ I STATE ZIP 1985 7/5 -J z/ y DATE TELEPHONE �STATE MAKE OF FENCING TO BY USED INCLUDE DESCRIPTIVE LITERATURE. Wausau InsuranceAny correspondence in relation to this �r l\AISAI!�" bond should he directed to: J Wausau Insurance Companies Col 1 Ipanies Surety Underwriting 2000 Westwood Drive Wausau,Wisconsin 54401 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, Security Fence & Supply, A Division of Galloway Landscape Construction, Inc. (hereinafter called the principal),as principal,and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company a corporation organized and doing business under and by virtue of the laws of the State of Wisconsin ,and duly licensed for the purpose of making,guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of Wisconsin as Surety, are held and firmly bound unto City of Oshkosh (hereinafter called the Obligee) 215 Church Ave. Oshkosh, WI 54901 in the justand full sum of 10% of the amount of the bid Dollars ($ 10% of the bid ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a hid or proposal for the Furnishing and Installing Fencing for the City of Oshkosh (various locations) in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to he null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 27th day of June , 19 85 . Security Fence & Supply, A Division of Galloway Landscape Construction, Inc. / Principal (Seal) � By ! {'- ✓f � /C el JJ�� • EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Surety (Seal) BY Attorney-in-Fact D. R. Rheinschmidt (P) 815-4228.1 3-81 PRTD. USA PRTD. USA R Notarial Acknowledgement—Attorney in Fact On this 27th day of June 19 85 before me. STATE OF Wisconsin Mary Lou Weigand , a Notary Public in and for said County of Marathon s.s_ Marathon County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared D. R. Rheinschmidt known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company and acknowledged to me that he subscribed the name of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company thereto as surety, and his own as attorney in fact IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the said county of Marathon day and year in this certificate first above written_ I Notary Public in and for the county of. Marathon State of Wisconsin My commission expires 5-31-$7 8164216 979 fV EMPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY (FOR BID BONDS ONLY) KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin,and having its principal office in the City of Wausau,County of Marathon,State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint D. R. Rheinschmidt its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, seal, acknowledge and deliver ANY AND ALL BID BONDS OR WRITTEN DOCUMENTS INVOLVING BID GUAR- ANTEES OR IN THE NATURE THEREAFTER 0 CC and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. cc This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 1973, which resolution is still in effect: "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU O A Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary Z be,and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company.' w "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF O WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by O facsimile,and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall he valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached.' IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by its secretary, and its corporate seal to be hereto affixed this 15th 0 day of November , 19 gp Z to EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Z = By LL H L. J. Baumer Vice President Q � Attest: O R.J. Wendorf Secretary STATE OF WISCONSIN ) ) ss. O COUNTY OF MARATHON ) w On this 15th day of November , 19 80 , before me personally came L.J. Baumer , to me known, who being by me duly sworn, did depose O and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said O instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he Q signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year herein first above written. O Z Notary Public u1 R. J. Wendorf NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION IS PERMANENT CERTIFICATE STATE OF WISCONSIN ) CITY OF WAUSAU ) ss. COUNTY OF MARATHON ) I,the undersigned,vice president of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. °co Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this 27th day of June 19 85 . N S tORMR.lF c �?SEAL !d L. J. Baumer Vice President • NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF A'I'TOR- 00 NEY, CALL TOLL FREE(800)826-1661.