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Home My WebLink AboutPW CNT 79-03/Visu-Sewer Clean & Seal CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 22ND day of March , 1979 by and between the CITY OF OSHKOSH, party of the first part , hereinafter referred to as the CITY, and VISU SEWER CLEAN & SEAL, INC. of N59 W14601 Bobolink Avenue, Menamonee Falls, WI 53051 party of the second part , hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the considerations hereinafter named, agree as follows : ARTICLE I . SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows : TELEVISION INSPECTION OF SEWER MAINS - PUBLIC WORKS CONTRACT 79-03 Pursuant to Res. #26 of the Oshkosh Common Council, adopted March 15, 1979 all in accordance and in strict compliance with the contractor 's proposal and the other contract documents referred to in ARTICLE V of this contract. ARTICLE II . TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor' s proposal . ARTICLE III . "PAYMENT. (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $ 3,680.00 , adjusted by any changes as provided in the General Conditions , or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on a "Unit Price" basis , the above mentioned figure is an estimated figure, and the City shall , in such cases , pay to the Contractor for the performance of the Contract the IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part her hereunto set its, his or their hand and seal the day and year first above written. In the presence of: CONTRACTOR VISU- C EAL, INC. I k2` By: ` y2- G4!/e.:--- f y Title (Seal of Contractor / / / if a Corporation) By: %%I.j :/ �/ 4 - pec]. Title CITY OF OSHKO On h Q n m c `I- W at i LQ By: � ,, i WILLIAM D. FRUEH, City Manager /(/I'l - /)--- By: ___eolme „e CONVERSE C. MARKS, cktf lerk I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. (Seal of City) . ,/ ; ._1`�• -1 , . omptroller \ Ap.rove. .. to form' 00 W. PENCE, City Attorney - 3 - amounts determined for the total number of each of the units of work as set forth in the Contractor' s proposal ; the number of units therein contained is approximate only , and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract . (b ) Progress Payments . In the event the time necessary to complete this Contract is such that progress payments are required , they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions , claims and demands of any kind or character whatsoever which may in any way be caused by the negligent digging up of streets , alleys or public grounds or which may result from the faulty , carelessness or neglect of said Contractor , his agents , employees or workmen in the performance of said work or caused by the violation of any City ordinance, and shall refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demands within a reasonable time after demand thereof . ARTICLE V. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts , all of which are as fully a part of this contract as if herein set out verbatim, or if not attached , as if hereto attached : - 1 . General Conditions 2 . Advertisement for Bids 3. Instructions to Bidders 4 . Specifications , including any addenda 5 . Plans 6 . Contractor' s Proposal 7'. This Instrument In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts , the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated . IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Contractor" wherever used in this contract means the party of the second part and its/his/their legal representatives , successors and assigns . - 2 - • /Ly�_� Y• �" ;; CERTIFICATE OF INSURANCE EMPLOYERS INSURANCE OF WAUSAU *Al 4? 1 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. ( ) This certificate renews or replaces the certificate previously issued. Name and address of Insured r V I SU SEWER CLEAN & SEAL , INC . RepresentativeNo.: 2105 N59 Wt4397 BOBOLINK AVE . Place: MILWAUKEE, WI 53216 MENOMONEE FALLS, WI 53051 Date Issued: 3 22 79 Region: ML J Kind of Coverage t Expiration Date Policy Number • Unless otherwise indicated, this policy affords full coverage under the Workers' Compensation laws of all states(except states where coverage can be provided only by Workers' State Funds, and Canada) and as designated in the policy and endorsements for Compensation 1 _ 1 1 80 0410 00 087558 Coverage B—Employers' Liability. Limits of Liability Bodily Injury Property Damage Compreh General Lensi Ity 1 1 1 80 10420 02 087558 $ 500,000 Each Occurrence $ 100,000 Each Occurrence $ 500,000 Aggregate $ 100,000 Aggregate Products-Completed Operations: jJ Included [J Excluded Single Limit $ Each Occurrence Contractual-All Written Contracts:0 Included ❑Not Covered $ Aggregate Owners',Landlords $ Each Occurrence $ Each Occurrence and Tenants'Liability $ Aggregate Contractual Liability-- $ Each Occurrence $ Each Occurrence Designated Contracts Only $ Aggregate Single Limit $ Each Occurrence $ Aggregate Automobile Liability H I 1 1 80 10420 00 087558 $ Per Person DC All Owned Autos al Hired and Nonowned Autos $ Per Accident $ Per Accident Specified Autos Only Single Limit $ 500, 000 Per Accident UMBRELLA 1 1 1 80 0420 02 042082 $3,000,000 SINGLE LIMIT Special Provisions/Locations covered by policies listed in this certificate/ Specified Autos: IF ANY POLICY DESCRIBED ABOVE IS CANCELED DURING ITS TERM BY THE COMPANY OR THE COVERAGE AFFORDED BY IT IS REDUCED , THE INSURER WILL MAIL NOTICE TEN ( 10) DAYS BEFORE THE EFFECTIVE DATE OF SUCH CANCELATION OR CHANGE TO THE PARTY NAMED BELOW. TELEVISION INSPECTION OF SEWER MAINS — PUBLIC WORKS CONTRACT 79-03 Not withstanding 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 policy(policies)described above is subject to all of the terms,exclusions and conditions of such policy(policies)during the term(s)thereof. t The entry of a number in this column means that the coverage is afforded by the company designated by the same number. Issued to: Issued by (1.) EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN • CITY OF OSHKOSH (2.) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU ATTN: WILLIAM D . FRUEH , (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY CITY MANAGER (4.) WORLDWIDE UNDERWRITERS INSURANCE COMPANY 215 CHURCH AVE. r OSHKOSH, WI 54901 • Signed 1W. Authorized Company Represent.tive 10 78 P510.IN U.S.A. (S) 15.5736 Duplicate of A 1A Form A31) Feb 1970 Edition E1111110VerS Iusni liilee uf' tte , • EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN Home Office: Wausau, Wisconsin BOND NO . 0450-27-087558-C PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That VISU-SEWER CLEAN & SEAL, INC . (Here insert full name and address or legal title of Contractor) N59 W14397 BOBOLINK AVE, MENOMONEE FALLS , WI 51051 as Principal, hereinafter called Contractor,and EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, (Here insert lull name and address or legal title of Surety) Wausau, Wisconsin -, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF OSHKOSH 219 CHURCH AVE, OSHKOSH, WI 54901 (Here insert full name and address or legal title of Owner) ------- --- --- as Obligee, hereinafter called Owner, in the amount of THREE THOUSAND SIX HUNDRED EIGHTY AND 00/100 ($3 , 680 . 00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated— MARCH_ 22, 1979 entered into a contract with Owner for TELEVISION INSPECTION OF SEWER MAINS_PUBLIC WORK CONTRACT 79-03 . in accordance with drawings and specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest respon- sible kidder arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient nods to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety rlary be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years front the date on which final payment under the Contract falls due. No right c`, act;cn shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 2 2-ND _-_-_day of__—_ —__MARCH — _ A.D. 19 79 VIS SEWER C EA 8 SEAL INC . 1 � (Pri pa) (Seal) (Witness) //4111° re/ �� By — /1te ) Employers Mutual Liability Insurance Company of Wisconsin eaALF / (Surety) (Seal) (Witness) (Attorney-in-Fact) 815-4238 1-76 PRTD. USA Employers Insurance of Wausau ' ;} t` LABOR & MATERIAL ' PAYMENT BOND EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN•t - ITomeOffice: Wausau, Wisconsin BOND NO . 0450-27-087558-C l.0 , a '� Tills ROND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCI: RCONI) IN FA MB or 'rUE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL. MEN BY THESE PRESENTS: That_ ViU_SEWER CLEAN & SEAL, INC_ (Here insert lull name and address or legal title of Contractor) N59_. W14197 BOBOLINK AVE, MENOMONEE FALLS , WI 53051 as Principal, hereinafter called Principal, and EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, (Here insert full name and address or legal title of Surety) Wausau, Wisconsin , as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF QOSHKOSH 219 CHURCH_AVE OSHKOSH, WI 54 901 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of THREE, THOUSAND SIXHUNDRED EIGHTY AND 00/ 100Dollars ($___3_, 680 . 00 (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated _MARCH 2-2, 1979 entered into a contract with Owner for_ TELEVISION INSPECTION OF SEWER MAINS- PUBLIC WORKS CONTRACT 79-03 ._____ in accordance with drawings and specifications prepared by. (Here insert lull name and address or legal title of Arclntrct) which contract is by reference made a part hereof, and is hereinafter referred to as tile Contract. bOW, THEREFORE. THE CONDITION OF THIS OBLIGA'T'ION is such that, if Principal shall promptly make payment to all claimants as fore rafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, thin this obit- : ition shall he void; otherwise it shall remain in full force and effect, ;subject, however, to the following condinrins. I. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) day; after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such (7lainiunt, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action 7iall be commenced hereunder by any claimant' a) Unless claimant. other than one having a direct contract with the Principal, shall have given written notice to any two of the follow- ing: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed crud the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice 'hall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not he made a publ,c officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall he deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4 The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, in- clusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 22ND day of _ MARCH _— _ _ __A.D. 19_79 VISU- WER C EAN & SEAL, INC . I (Princ•••I) (Seal) (Witness) ' By - ---- I / Ie) Employers Mutual Liability Insurance Company of Wisconsin / (Surety) (Seal) (Wetness) //`/je-r- ' 8154244 1-76 PRTD. USA By Z�bCC1 �rlX// b vtr __-- Attorney-in-Fact Notai;iai Acknowledgement—Attorney In Fact STATE OF WISCONSIN On this 22ND day of MARCH 79 . 1 g --,before me, County of_ M i LWA UKE E S.S. MARY L. FE I S TE L ,a Notary Public in and for said MILWAUKEE County,State aforesaid, residing therein,duly commissioned and sworn,personally appeared JAMES GE R S C H known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN .. and acknowledged to me that he subscribed the name of EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN 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 MILWAUKEE the day and year in this certificate first above written. Jai. 1-A0 Notary Public in and for the county of . MILWAUKEE State of WISCONSIN 815.4216 4-76 My commission expires 9-13-81 EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Employers Mutual Liability Insurance Company of Wisconsin, 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_ James D. Gersch 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 bonds,undertakings,recognizances or other written obligations in the nature thereof 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. 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 Mutual Liability Insurance Company of Wisconsin 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 Mutual Liability Insurance Company of Wisconsin bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary 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 Mutual Liability Insurance Company of Wisconsin. "FURTHER RESOLVED, that the signatures of such officers and the seal of Employers Mutual Liability Insurance Company of Wisconsin may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Employers Mutual Liability Insurance Company of Wisconsin 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 Mutual Liability Insurance Company of Wisconsin 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 31st day of August ,191Z. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN 4,pQONAiE J' 4 � By s 4'SCO Os+ L.J. Baumer Vice President Attest: Ja r1 Asst. Secretary STATE OF WISCONSIN ) )ss. COUNTY OF MARATHON) On this 31 st day of August , 19 ,before me personally came L.J. Baumer ,to me known,who being by me duly sworn,did depose and say that he is a vice president of the Employers Mutual Liability Insurance Company of Wisconsin,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he 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. 77a-rTIANCY L. OELLE Notary Public NOTARY PUBLIC . STATE OF WISCONSIN Ely Costioiasioa Expires February 211,1973 CERTIFICATE STATE OF WISCONSIN ) CITY OF WAUSAU )ss COUNTY OF MARATHON) I, the undersigned, vice president of Employers Mutual Liability Insurance Company of Wisconsin, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney 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. Signed and sealed in the City of Wausau,Marathon County,State of •..sin,this 2 2NDday of MARCH � `OPQOPATE S9 k� 1 O1 u�r. R.R. Kle n Sr„Vice President \ .z .1 O% '''k .., 0% ■ Qr Q I. O h V I. cC O v 2 '' '' H r 0 O 2 a ti o a ' o tn . cZ C) T h e N V., Q h h Q �. a � � p 4 ■ Q v Z Ct Z 2 �.. ,,fir- o- N° Z 3 Z � j c _ 4 ° `` o ""4 -k ly Z 4, R. 0 0 ` Q `-1 n m a M p Q U Oa2 W1-,‘ 1` ‘4; 36 `Z 4' tLI . PI CJ O u N c k k '1 oLi Li + - k O ? ? h 0 N o V a `h O ' . 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