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HomeMy WebLinkAboutLG Kienast Utility Construction AGREEMENT THIS AGREEMENT made and entered into this 21st day of December , 1984 , by and between L. G. KIENAST UTILITY CONSTRUCTION , 765 N. Washburn, Oshkosh, WI 54901 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 resoluton duly adopted on the 20th 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: (Alternate Bidder) - Truck rental to Street Department for snow removal from award of this contract through April , 1985, 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 $35.00/hour , 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: L . G . KIENAST UTILITY CONST. BY: J,°' i'y^ Z — Signature of the sole pro- prietor , or name or corporation or partnership President or Partner Secretary CIT F SHKOOSSH .4.4. . AV,.ter_ �� BY: / .,� 4Y /f,/ William D. Frueh, CCity r ,�' Me r � ) -r And: �1 M� iL( :�.Y ! Donna C. Serwas , City Clerk Appr6ved as to,--0 m an xecution: I hereby certify that the necessary provisions have — („,,4_A_,1 1;_4,-. C (------- been made to pay the lia- Warren P. Kraft, bility that will accrue Asst. City Attorney under this Contract. &_.: .-' _.: 4 / dote EDWARD A NOK ES , City Comptroller 2 CID (j1 C.-4 ▪ C;\ • ji GC) • V I G-1 • C) 1-11 o z . 0 (7J Cr) • U) C) cj ;•.:•-)" 0 Pi 0 (i) CI) ;)) U) 1 CJ :`; 0 n c..C) Ti CT; CC) rt L.) C.) -4 F-, • r-t• Ti C.) (I) rt 0 () HC" C) N) 7:1 LT) • O'Q (73 CI) CD C) '7J ,--3 0 T:3 Cl) If) CC -3 -4 1 CC CT) z7.1 r„-.1 C) •-3 -.71 CC\C () 1/) > C) -3 • - ':1 ci co co Cf) '7"J C) ci ,C) (0 .0 CCD (.0 CO CD („ ) C\ > CX) VI (.7N CI P 00 (-) • (2)... IV Lri (...q CD • k '., 's 'z , ' . k ',e a s, 3W, k ef,' f8r f4.0. ? ci , M ,Vi � PURCHASING DIVISION NOTICE TO V3 S 1 . We are submitting herewith for your consideration an invita- tion td= bid i on: RENTAL OF TRUCKS BY THE STREET DIVISION FOR SNOW REMOVAL DURING THE SEASON PROM AWARD OF CONTRACT THROUGH APRIL, 1985 2 . Bids must �' '. to,v.,,@s s r rcePaitiag,,:iTaiXi.Sion, P.O. Box 1130, City Hall, Oshkosh, Wisconsin 54002 . Envelope shall show name of bidder, and must be plainly marked in the lower left hand corner "Bid for Rental of Trucks for Snow Removal" 3. Bids must be on file in the office of the Purchasing Agent no later than 10:30 a.m l, C.S.T. , Thursday, December. 13� 1984 • 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 (35) calendar days ;following bid opening date, unless the bidder(s) upon request of the Purchasing Agent, agrees to an extension. 6 . Bids will publicly opened and read at the hour and date above stated. d,: if any, will be made as soon thereafter AS practical . 7. Although no certified check, cashier 's check, or bid bond da`mast accompany the ProPosal, if the bid is accepted, the bidder must execute and file the proper contract within ten (10) days after award by the Common Council and receipt of the contract form for signature. 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 La Pontaine , Purchasing Agent, Room 312, City Hall or telephone (414) 236-5100. William D. Frueh City Manager PUBLISH: December 3rd, 1984 CITY HALL - 215 CHURCH AVENUE - P .O. BOX 1130 OSHKOSH , WI 54902 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 conside-ed 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 upoi, 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 :hese taxes and will furnish proper exemption certificate, if requested by the successful bidder. 5. If a warranty applies, the bidder shall state the conditio-s 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 :he bidder to adhere to them. 8. Indicate your terms of payment. The City of Oshkosh pays `nvoices 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 t: 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 bes: interest of the City. 11 . Equipment or items must conform to all applicable Federal Cccupational Safety and Health Act provisions. 12. If two or more bidders submit identical bids and are equally qualified, the decision of the City to make award to one or more of such bidders shall be final . Selection shall be made by drawing lots. Cash discounts, when 10 days or longer are allowed will be considered. SPECIFICATIONS RENTAL OF TRUCKS FOR SNOW REMOVAL BY THE STREET DIVISION 1 . Bids are requested on the rental of trucks. These should be suitable for supplementing the fleet in the Street Division, in the event of breakdowns of City-owned trucks and in the clearance of more snowfall than our City equipment can handle. 2. Following a snow storm, the contractor shall be available with his trucks in good working condition and with truck drivers in readiness for all work ordered by the City. His equipment and operators shall work until the Street Division determines his equipment is no longer needed. 3. The contractor shall furnish gasoline, oil , antifreeze, and all necessary repairs for his equipment. 4. The trucks furnished shall have built up sides or otherwise have sufficient body capacity to haul a minimum of 10 yards of snow on each trip. 5. The City reserves the right to have the Street Division Superintendent inspect your trucks, if deemed necessary, in evaluating your bid before the City awards the contract. 6. The Contractor shall carry liability and workmen's compensation insurance and must show evidence of such coverage to the City Clerk at the time of executing the contract so the City of Oshkosh will be held harmless in the event of any accident, property damage, or injury to the drivers of the rented vehicles. 7. For billing purposes , the contractor shall keep an accurate record of the hours his equipment with drivers is hired for snow removal and then send his invoice, in duplicate, to the Purchasing Division for payment. In the event of the contractor trucks breaking down during snow hauling periods, such time shall be deducted from the invoice. 8. The overall height of the truck(s) from the ground to the roof of the cab shall not exceed nine (9) feet. PROPOSAL We , the undersigned , propose to rent trucks for snow removal to the City of Oshkosh Street Division , during the winter season from award of this contract through April , 1985 in accordance with the specifications , for the following hourly rates : Truck rental (including driver ' s wage ) $ j Per hour per truck List and describe the trucks that will be available for rental to the City, as needed , in the above period , for snow removal . Year — Make Capacity TRUCKS � � �,� 1(4/ / 7 / 7- 4-7 52, --)7, .x,/ - t_ ,erz -' Name of Company ,� N e and title of erson making g SUBMITTED BY: out the bid Date, Address of Company Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Public Improvement Performance/Labor and Material Payment Bond THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 289.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO. KNOW ALL MEN BY THESE PRESENTS: That L. G. Kienast Utility Construction, 765 N. Washburn Street_}___ Oshkosh, W i s c�,7 LTTrijst n5 9511dreas or legal title of the Contractor) as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, with its Home Office in the City of Baltimore, Maryland, and duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh, 215 Church Avenue_} (Name and address or legal title of Owner) Oshkosh,_-_Wisconsin_-_5495 1 as Obligee,hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of. One thousand and no/100 Dollars ($__1_9_000_.00___), (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for Truck_._rent al___f_or___sno_w___rlrmova�_ in accordance with drawings and specifications prepared by (Here insert full name,title and address) which contract is by reference made a part hereof and is required by Section 289.14, Wisconsin Statutes, to contain in substance the following provision: The Contractor shall pay all claims for labor performed and materials furnished, used or consumed in making the public improvement or performing the public work, including, without limitation because of specific enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, ap- paratus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, premiums for workmen's compensation insurance and contributions for unemployment compensation. The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 289.14, Wisconsin Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every person entitled thereto for all claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Con- tract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) No assignment, modification or change of the Contract, or change in the work covered thereby, or any extension of time for the completion of the Contract shall release the sureties on the bond. (2) Not later than one year after the completion of work under the Contract, any party in interest may maintain an action in his own name against the Principal and the Surety upon this bond for the recovery of any damages he may have sustained by reason of the failure of the Principal to comply with the Contract or with the Contract between the Principal and his subcontractors. If the amount realized on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the parties pro rata. Signed and sealed this 21st day of Janu-ary_ ___ , 19 85 In the presence of: L. G• Kje_nast___Uti11t __Cnnstrunkion Principal r -�- - s By_ - r =✓ =-` )- --2-- 'I (SEAL) Witness Title! FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4 " i ✓ 2,• , Surety BY �G- 7/ (L v.- (SEAL) Witness Title: Attorney-in-fact & Agnn A pproz'ed by* In the presence of: Owner By (SEAL) Witness Title: *This bond shall be approved in the case of the state by the governor, of a county by its district attorney, of a city by its mayor,of a village by its president,of a town by its chairman,of a school district by the director or president and of any other public board or body by the presiding officer thereof. C3018(WI)-2M,6-77 203579 Formerly Wis3018b Public Improvement Performance/Labor-Material Bond Wis.AIA Doc.Wis.A312 Jan.1969 Ed. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Corn pany, which reads as follows: "The President,or any one of the Executive Vice-Presidents,or any one of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu- ments which the business of the Company may require,and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint. Russell M. Monroe.and.Robert A. Nadolske, both of Oshkosh, Wisconsin, EACH its true an. lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, .each. in.a penalty not to exceed the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) • n• t e execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Russell M. Monroe, dated, April 24, 1974. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI; Section 2,of the By-Laws of said Company,and is now in force IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this day of June , A.D. 19--_77.--- FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: SEAL e By °���+•'�� Assistant Secretary Vice-President STATE OF MARYLAND ` SS: CITY OF BALTIMORE f On this f Lh day of June , A.D. 19 77 before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. y`lOAL tif NOTAIIY a; Notary Public Commission Expires Jt Y--.1-}_-1-97$ TA PuBl.V.T %41,0Arac+• CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of , 19 Assistant Secr ry L1419Ctf.—IM, 184-5028 FOR YOUR PROTECTION LOOK FOR 'I'lIF, F&D \ Arl'ERNIARK V SET TAB STOPS AT ARROWS Of ISSUE DATE(MMlDD/'fY) CERTIFICATE OF INSURANCE 1/2 /85 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, The Monroe Aciency Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1429 Oregon Street -- — -- — — -- — Oshkosh, WI 54901 COMPANIES AFFORDING COVERAGE f COMPANY A Herita` e Mutual insurance Company COMPANY B INSURED LETTER LuVern Kienast d/b/a COMPANY L. G. Kienast Utility Constructio LETTER C 765 N. Washburn Street COMPANY D Oshkosh, WI 54901 I LETTER 1COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. EFFECTIVE PQLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS CO TY PQLCY EFFECT PE OF INSURANCE POLICY NUMBER LTR DATE(MM,'DDIYY) DATE(MM,'DD'YI,, - EACH AGGREGATE +i OCCURRENCE GENERAL LIABILITY BODILY NJURY $ 500, $ 500, ■ COMPREHENSIVE FORM -_.__ A fl PREMISES/OPERATIONS 279560 6/10/84 6/10/85 DAMAGE $ 200, $ 200, UNDERGROUND 9 EXPLOSION &COLLAPSE HAZARD R PRODUCTS/COMPLETED OPERATIONS BI&PD III CONTRACTUAL 'COMBINED $ $ ® INDEPENDENT CONTRACTORS ` 1 _ R BROAD FORM PROPERTY DAMAGE ® PERSONAL INJURY PERSONAL INJURY $ 500, III AUTOMOBILE LIABILITY BODILY ,z��E INJURY $ ANY AUTO iPER PFRSO4j --��0 ALL OWNED AUTOS(PRIV. PASS,) ; BGDItra � INJURY $ �. - r �% A I X ALL OWNED AUTOS�PRVRPASSN) 279560 6/10/84 ;6/10/85 ,IPER c otrm ..... � IX HIRED AUTOS PROPERTY X 1 NON OWNED AUTOS I DAMAGE $ 250, �� € I ! GARAGE LIABILITY I rOMBiN BI&PD 7 t FE)) z l','"''.. wvi, EXCESS LIABILITY ) I UMBRELLA FORM CESP 279 560 j 6/10/84 !6/10/85 COMBO ED I 1$1,000 I($1 1 000,I OTHER THAN UMBRELLA FORM I k STATUTORY WORKERS COMPENSATION j 1 (° $100,(EACH ACCIDENT) AND $X00 (DISEASE POLICY LIMIT) A EMPLOYERS' LIABILITY 279 560 6/10/84 6/10/85 $100 L (DISEASE-EACH EMPLOYEE) OTHER j -"I` I 1 i DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City Of Oshkosh PIRATM DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 215 Church Avenue LEFT,BUT FAILURE TO MAIL SUCH NO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMP• ' AGENTS OR REPRESENTATIVES. Oshkosh, WI 54901 • The M.• • - I, .)- • 711M ..cam ACORD 25 (2/84) © IIR/ACORD CORPORATION 1984