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HomeMy WebLinkAboutChemlink, Inc/Water Filtration 1984 AGREEMENT THIS AGREEMENT made and entered into this 7th day of 15th December, 1984, by and between CHEMLINK, INCORPORATED , 1255 W. St., Drawer 12, Plano, TX 75075 party of the first part, and the CITY OF OSHKOSH hereinafter referredatooaslocated "City" ,J and par ty County, of Wisconsin, the Wisconsin, second part. WITNESSETH: WHEREAS, the Common Council of the City of Oshkosh by resoluton duly adopted on the 6th day of December, 1984, 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: 88,000 lbs. liquid polyelectrolyte for the City of Oshkosh Water Filtration Plant 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 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 $ 36 , 520 .00 (Perchem 4P40) , upon presentation of a proper voucher, and delivery and acceptance by the City in conformity on said specifications and bid. 1 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 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: CHEMLINK, INCORPORATED BY: Signature of the sole pro- prietor , or name or corporation r rt 4rs p resident or Partner , Se retary g CITY or OSHKOSH / I !"` 7 William D. Frue , City „ r M. ag e Ai— .....6. i ,.....iii ..,, BY. , Z „e„.02---/q-' (27:44-i--t- �� � .1 tAgrllr) , And: ,� {'� ,41 L. /.1 Donna C. Serwas , City Clerk r ved 's 4�• fo and execution: I hereby certify that the I necessary provisions have Lt�' been made to pay the lia- rtdonu .4 ' ra . , bility that will accrue Asst . City Attorney under this Contract. EDWARD A NOK ES , City Comptroller 4 4 ke 10 co 2 z 'V - Ot bCJ -' G7 X09 O • w CD (1) c0 Cu 1--4 "i N =' p) B `I 0 cn 7s' 0 h-, w CO cn CD s< CD CD r . wr 0 wB a ~i C77 0 0 CD I✓ CD n F+• w 11 � •. 'I '< Co � w000 Dan • 0 z 0 0 to ---.1%-< .. CD B v, B c'] 1-4 1 1-'• V (1. H O h�•s<n U CD rH-I0 u, a' � Vaw t0 1-1• 1-+• CO O 0 .A p C) N CT CD I--, V Cr) 0 V "b ¢) O F--1 VI rt '1 O F-- B rt 1-. u, a n • .0 w I.,. K N 0 0 N a C) - p .y ID O O 'B 3 B Co w rt o o 'o a 0 CD ON `< a 'CS , w -1:u < . 0 0 ■ CO Co o CD cz1 O U) : O r+ C7 2• o 0 3 Cn a ,'i w '-I 1--1 rrl Cr Grc 111 d o zl cn 1-' w .P w P-4- w 'V 0 0A z cv Z c0 I✓• c0 CO MI 'r7 r 0 - 00 w .. Co w . rn- 0o z '-I r-.1 w -- I— rn -� � —• vim u, I-, cr+ rn r' .o NN 0 000 C) rn BCD cv 0 --■ O 0 .4.1 a O O [J 0 O - 0 0 O B O• O N O xi f--1 o z a d O O O O utO 0 a, O O o O oo O � < 1--11' V o" rn O O C) cn z r tm 'ti rn Z r r a rn N z n -4 a a x 0 r 0o a V V V V A rn I I I I G O O 0 .F. r o Ca. a a a < z7 w w w w rn --< s< s< •< In In cn U) -< CD CD CD CD a CZ rt rt r+ rt ca w w w (.04 n O O O . o a a a a w w w w 0 cn In N PROPOSAL SHEET LIQUID POLYELECTROLYTE We , the undersigned, propose to furnish at the following price , to the City of Oshkosh Water Treatment Plant, 88 ,000 lbs . Liquid Polyelectrolyte , in 12 drums per shipment , in accordance with the stated requirements and successful testing , F.O.B. , Oshkosh Treatment Plant for 1985 Brand name : Perchem 4P40 Price per 55 gal drum: $197.89 For 88 ,000 lbs . : $36,520.00 Time required for Delivery from date of order : 7 working days Time required for notification when supply is needed : notify 10 days in advance of need Indicate where orders should be placed if bid is accepted. Order Entry Telephone (214) 422-3900 1255 West 15th Street, Drawer 12 Address Plano Texas 75075 City State Zip Terms : Net 30 days ChemLink, Incorporated; Process Chemicals Name/of Company Division SUBMITTED BY: «,4 e, fay a title o person making ut the bid November 21 1984 1255 West 15th Street, Drawer 12, Plano, TX 75075 Date Address of Company CHUBB GROUP of Insurance Companies FEDERAL INSURANCE COMPANY PERFORMANCE BOND Bond No. 8101-45-06 Amount $ 36,520.00 Know all Men by these Presents, Thatwe, Chemlink, Inc. , Process Chemicals Division 1255 W. 15th Street P.O. Drawer 12 Plano , Texas 75075 (hereinafter called the"Principal"), as Principal, and the FEDERAL INSURANCE COMPANY, of Short Hills, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the "Surety"), as Surety, are held and firmly bound unto City of Oshkosh , WI 1215 Church Avenue Oshkosh , WI 54902 (hereinafter called the "Obligee"), in the sum of Thirty-six thousand five hundred twenty and 00/100 Dollars ($ 36,520.00 ), for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors,administrators, successors and assigns, jointly and severally firmly by these presents. Sealed with our seals and dated this 4th day of January , A. D. nineteen hundred and eighty-five. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract with the Obligee, dated December 7 , 19 84 for Chemicals for filtration plant. in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof as if fully set forth herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee,all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do,then this obligation shall be null and void; otherwise shall remain in full force and effect. Chemlink, Inc. , Process Chemicals Division Principal By FEDERAL INSURANCE COMPANY k?" Lillian Burford, Attorney-in-Fact And --- Form 15-02-01 (Rev. 7-61) (Formerly 12020) Certified Copy of POWER OF .ATTORNEY Know all Men by these Presents, That-the FEDERAL INSURANCE COMPANY, 100 William Street, New York,New York,a New Jersey Corporation,has constituted and appointed,and does hereby constitute and appoint Lillian Burford, William H. Beuchner, Joseph G. McCorkle, W. Robert Jones and Janet K. Autry of Dallas, Texas • each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes,to-wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking, in which the penalty of the bond or undertaking does not exceed the sum of Two Hundred Fifty Thousand Dollars($250,000.00). 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workmen's Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offi- cials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws,caused these presents to be signed by its Assistant Vice-President and Assistant Secretary and its corporate seal to be hereto affixed this 1st day of January 19 81 FEDERAL INSURANCE COMPANY By "vaANc Miami McClellan \W ltilrl�••L G • 11; Vice President *' * J • ''■ WJ ER Richard D.O'Connor Assistant Secretary STATE OF NEW JERSEY ss: County of Essex On this 1st day of January 19 81 , before me personally came Richard D.O'Connor, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D.O'Connor being by me duly sworn, did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Corn- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;that he is acquainted with George McClellan and knows him to be Assistant Vice-President of said Company,and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By-Laws and in deponent's presence. Acknowledged on th date aboverwri eer.written. y 1I( P NO T AR P \ . 1\4( - • - 4 Notary Public Pt!BtIC _ , ' ti 1 PATRICIA RYAN OAC2, NOTARY PUBLIC OF NEW JERSEY !Ay Commission Expires December 11. 19 g 3 pa�TFo Form 27-10-238(Ed. 2-78)tGenera0 R-23323(20M) ¢&� SHORT HILLS, N.J. J} ss. County of Essex I,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27. 1971 and that this By-Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President,jointly with the Secretary or an Assistant Secretary, under their respective designa- tions,except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Vice-Chairman or the President or a Vice-President or an Assistant Vice-President,jointly with the Secretary or an Assistant Secretary,under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico,and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds,underta<ings.etc.. permitted or required by law. Given under my hand and the seal of said Company at Short Hills, N.J., this 4th day of January . 19 85 Assistant Secretary • 1-10-85 INSURANCE COMPANY OF NORTH AMERICA INA GROUP OF INSURANCE COMPANIES CERTIFICATE OF INSURANCE (This Certificate of Insurance neither affirmatively nor negatively amends,extends or alters the coverage, limits, terms or conditions of the policies it certificates.) This is to Certify to p 7 COMPANY CODES City of Oshkosh © INA UNDERWRITERS INS.CO. 215 Church Ave in INA OF TEXAS Oshkosh, Wisc. 54902 I© PACIFIC EMPLOYERS INS.CO. L _J Ei OF INSURANCE NU OR COMPANY ERICA that the following described policy or policies,issued by The Company as coded below, M providing insurance only for hazards checked by "X"below,have been issued to: Q INA INS.CO.OF ILLINOIS NAME Atlantic Richfield Company, Its Subsidiaries and subsidiaries ADDRESS thereof as now or hereinafter constituted,Atlantic Richfield ID INA INS.CO.OF OHIO OF Plaza,515 So. Flower Street. Los Angeles, CA 90071 FOLD ❑ (OTHER;—SPECIFY) covering in accordance with the terms thereof,at the following location(s): Including ChetLink, Inc. TYPE OF POLICY HAZARDS CO.CODE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY (a) Standard Workmen's Statutory W.C. Compensation& I I I I $ One Accident and Employers' Liability Aggregate Disease (b) General Liability Premises—Operations(including "In- Evy eidental Contracts"as defined below) u $ Each Person .E Independent Contractors [9] SCG GO 01-01-84 to $*See Each ❑ Accident 515710-9 01-01-87 Below ❑ Occurrence o Completed Operations/Products L m Contractual,(Specific type as Aggregate—Completed _described in footnote below) ® ® $ Operations/Products__ Premises—Operations (Including ❑Accident "Incidental Contracts"as defined Each ibelow) ® ® $ ❑ Occurrence E ca O Independent Contractors ® 191 SCG GO 01-01-84 to $ See Aggregate—Prem./Oper. 515710-9 01-01-87 $ Below Aggregate—Protective eCompleted Operations/Products ® I9I $ Aggregate—Completed ct Contractual,(Specific type as Operations/Products described in footnote below) 56 ill $ Aggregate—Contractual (c) Automobile Liability ? Owned Automobiles ® ® SCA 6317 01-01-84 to $' See Each Person Hired Automobiles ® 191 01-01-87 Below ❑ Accident o m_Non-owned Automobiles I/y�,{ I9 I $ Each ❑ Occurrence __ °l Owned Automobiles ® ❑Accident o Hired Automobiles ® 191 SCA 6317 01-01-84 to $*See Each ❑ Occurrence a Non-owned Automobiles I X 191 01-01-87 Below (d) *2,000,000 Combined Single Limit per occurrence subject to aggregate of $2,000,000 where applicable.This Policy covers all operations in all States. Contractual Footnote: Subject to all the policy terms applicable, specific contractual coverage is provided as respects It is the intention of the company that in the event of cancellation of Check ❑ a contract the policy or policies by the company, ten (10) days' written notice Applicable ❑ purchase order agreements between the Insured and: of such cancellation will be given to you at the address stated above. Block ❑all contracts 1 NAME OF OTHER PARTY DATE (if applicable) CONTRACT NO.(if any) DESCRIPTION (OR JOB) Definitions: "Incidental contract" means any written (1) lease of premises (2) easement agreement, ex in connection with construction or demolition opera- tions on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by c ordlna�Ce,except in connection with work for ri the municipality,(4)sidetrack agreement,or (5) elevator maintenance agreement. '•� `` George McManus Authorized Representative LC-1389d Ptd. in U.S.A. 1. ORIGINAL