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Home My WebLink About28402 / 76-14September 2, 1976 # 14 RESOLUTION , �,��?�'�_��=, t=?� C� �� f �s:.?:��: �:as :.��:�tu�or� ad�ertisec3 i�r bids for Public Works Contract 76-1s, the automatic ir-rigation system for the golf courseF and WHEREAS, upon the opening and tabulation of bids, it appears ti�at the following are the lo�,vest and most advantageous bids: PETER RASMUSSEN'S SONS CORPORATION 102 W. 5th Avenue oshkosh, wI 54901 R & S PARTS, INC. 5278 North Port Washington Road i�iilwaukee, WI 53217 $3,440..00 Pump House Building $120�77U.00 Irrigation Systzm N0��7, THEREFORE, BE IT RESOLVED by the Common Council of the Czty oi Oshkosh that the said bids are hereby accepted and the proper City officials are her�by authorized and dir�cted to enter into �z��?Y'O'):C13'�.° f`GI��Y'dCtS Ff�r t}-�� i�,Zr�,nc�� fl� �aP.;? � °.3 ��C: Z'aii�y �•.:, r�ci.:iS � 7�: cific��ticr�s and b� cis on file. Money for this purpose is h�reby a��_�priated irorn t�e Park Irlprav�ment Fur,d, �r_coun� No. 3G1 999. SUBPdITTED I3Y �?'r'i O�n� v\ . - I7 - �. ,,a. ,. »�- � � b Ac � o b a � � � r� b (� �" n � n � 3 � � ? �� o � � ° ti �,� � � � a a �' oY r� � � r � Z � � � , R� n �, n �G � , � �� A3 �� o � � � � ` a, �t o Z � � o �' a c� � � b o � � � � � � � o G a � Q � ` o b � .� Q Q � n � � � � � � � � �� z � � o � � � r � � '� 0 � b �, •` b ? o � � o b � � �' A t� ' � � n � • �, � �. � � � . '� b � � o � b G' � ° ° , � `� � � 00 ? � ;� o b n, � � b � � o � �, o o ►� � z o � � . �. � o ►n � � \ � a ' \ " � � o I� �� n 3 � � d o � ? � ° � � -� . � p n � � ,� � r . � � 4y � � �, `�v � 3 p � b � o r � � n► d � � ' ^� � �t � ,� � G�o, b , � � �� \ ti � �, � � , 0 O � 3 n � b C �'' o � 3 � . n � � a � o � � o . � �� o � � � � � `' � � . � � a M � 0 m � o � r c .� � � � �' 0 � � � �o � � � � n 0 � � � � n � � � � , t L�11J1�1V✓�11•1 L1�% �t:JYWJ 1� � � � � C r � � ` 0 � A� CONSTRUCTION CONTRACT THIS AGREEMENT, made on the I� day of September , lg 76 �—1-y--- and between the CITY OF OSHKOSH, party of the first part, hereinafter erred to as the CITY, and R& � PARTS,. Zr,C. of 52'I8 I3. PQrt �a�hington Road, �filwauk�e, WI 53217 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: PUBLZC ��OP�K� CONTRRCT 78-i8: Autamatic Irrigation System « �' for Lake Shore Gc�lf Course A�prov�d by r,::<�. �14 pf Sept��aber 2, 1'�76 �orruaon CFc�uncil 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. TTME 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 TII. '��PAYMENT. � � (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $ Z�'�': 77'� •�� °'�"�'� �� "`" , adjusted by any changes as provide in t e enera on itions, 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 s � . � , amounts d�termined for th� tutal number of each of the units of work as set forth in the Contractor's proposal; the number of units therein con[ained is approxlmate 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 cosplete 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 �grees 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 which are as fully a part of this contract as if herein verbatim, or if not attached, as if hereto attached: 1. 2. 3. 4. 5. 6. 7 �. General Conditions Advertisement for Bids Instructions to Bidders Specifications, including Plans Contractor's Proposal This Instrument any addenda parts, all of set out 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 BECLARED, UNDERSTOOA 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 - . r �� i IN WITNESS contract to be seale City Manager and Cit and the party of the seal the day and yea In the presence of: WHEREOF, the City of Oshkosh, Wisconsin, has caused this d with its corporate seal and to be subscribed to by its y Clerk and coLmtersigned by the Cornptroller of said City, second part her hereLmto set its, his or their hand and r first above written. % �) ��c_ �='� (Seal of Contractor if a Corporation) I certify that provisions have been made to pay the liability that will accrue to the City of Oshkos tmder the within contract. r� �� DEL L , ity omptroller .; to/form and execution: ty Attorney - 3 - CONTf2ACTOR ,� , � t� :I---'_ � -j �-•—�--��,._._.t BY�� .� � -z_�C� �--� _�(�peci�y Title� "J ' � � � � ��.�t l�_-�. ,��_._ / `. C -�-c'�--L :�-`.�.�; �_J.ti�-;�.��__ < �_ Speci Title • • • ' � _..� =`/ ��-� . � � • ..- � . r.�.. � i�iit... � � ' ►,'��•Ii�-�_;�� ►�o� p • ��9 ��i i�! v,��? �' • ' ' ' 1� � - • - (Seal of City) . . � _. @ , CERTIFICATE OF INSURANCE __ ISSUED BY THE HOME INSURANCE COMPANY This is to Certify, that policies in the name of NAMED � R& S Parts, Ii1C. I N 5 U R E D �j278 j1. ;�Oi� jnj�3h�Tk�J0�1 j�. ADDRESS ��8/ W�.SC�O�.S�21 �J3a17 L� are in force at the date hereof, as follows: �THE HOME INDEMNITY COMPANY THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, � EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. � —� POLICY LIMITS OF LIABILITY KIND OF INSURANCE POLICY NUMBER pERIOD BODILY INJURY PROPERT`t DAMAGE * Prov�ded by Workmen's WORKMEN'S py�...g 20 38 03 Eff. j�29�']S Compensation Law—State of NIL COMPENSATION EXP� 9/29/'77 �� _ COMPREHENSIVE * Eff. g�25�J� $�—�—�-- ,OOG Each person $ ��Q000 Each occurrence GENERAL LIABILITY H0�--8 35 87 48 EXP• 9�b�i�% $ �QQ ,000 Ea�h occur�ence $ 104000 Aggregate $ , 000 Aggregate MANUFACTURERS' AND Eff. $ , 000 Each person $ , 000 Each occurrence CONTRACTORS' LIABILITY Exp. $ , 000 Each occu�rence $ , 000 Aggregate OWNERS', LANDLORDS' Eff. $ , 000 Each person $ , 000 Each occurrence 8� TENANTS' LIABILITY Exp. $ , 000 Each occurrence $ , 000 Aggregate CONTRACTUA L Eff. $ , 000 Each person $ , 000 Each occurrence LIABILITY Exp. $ ,OOOEachoccurrence $ ,OOOAggregate AUTOMOBILE LIABILITY [� Owned Automobiles Eff. $ , 000 Each person $ , 000 Each accident � Hired Automobiles Exp. $ , 000 Each accident � Non-Owned Automobiles COMPREHENSIVE AUTO- ** Eff. 9�26�IE $ �50 ,000 Each person $ 1��,000 Each occurrence MOBILE LIABILITY -9 26 51 64 EXP� 9/26/77 � �jQO .000 Each occurrence OTH E R: Eff. Exp. thirtY i3a� daYg In the event of cancellation of said policies or a reduction in the limits of liability, the company will endeavor to give�Written notice to the party to whom this certificate is issued, but failure to give such notice shall impose no obligation or liability upon the company. CERTIFICATE ISSUED TO: � C�� O� �3�11 NAME C%SY�COg�'1 A N D Z+�i3i��$�.Ti ADDRESS L� H 7353 (F) 3/69 10/1/76 � DATED �l � PERFORMANCE BOND . -yr: KNOW ALL MEN BY THESE PRESENTS, that R� S 1'arts, Inc. Contractor, as principal, and F;c3�lit� & De�osit Company as surety are held and firmly bound unt�the�� .,ven h��nd7 CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of one hundred twenty ��o ars� sevf�nt} i$1')� 770_00---------------�--to be paid to the Owner for which payment well and truly to be made we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns firmly to these presents. THE CONDITIONS OF THE ABOVE GBLIGATIONS are such that WHEREAS, the said R& S Farts, Inc. %th day of September , 1976 , that date, enter into a contract with the OFnier for the Trri�ation system for Lake Shore Muni.cipal Golf' Course. did, on the by articles NOW, THEREFORE, if the said Contractor shall save and hold harmless the said Owner from all Public Liability and Damages of every description in connection therewith, sha11 well and faithfully in all things fulfill the said contract, according to all the conditions and stipulations therein contained, in all respects, and shall save and hold harmless the said Owner from and against all liens and claims of every description in connection therewith, including payment for all materials, labor and equipment, then this obligation shall be void and of no effect, but otherwise, it shall remain in full force and virtue, and in the event that the said Owner s}iall extend the time for completion of the work or otherwise modify elements of the contract in accordance with provisions thereof, such extensions of time or modifications of the contract shall not in any way release the sureties of this bond. WITNESS OUR HANDS AND SEALS this `Llst DAY OF September ,19�� . In the Presence of: , � ��_ r �� ---� c-t ��_ � _ `� � � � �� ` Fidelity �� Dc��,osii �o. (SEAL) 1 �� a"I.� �,.1 ��/ G'��- t�--'�__ i S EAL ) Tom K. Sure ty Br. ahe �lttorney-in-fact R� S 1'a rt= s Principal (SEAL) ��'G-`z--- ° ��EAL ) T r�---m..._-_..---, Power of Aftorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY TAESE PRESENTS: T�18i Ylle FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 1 COiPOCS- 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 Com- 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 B. J. Dorsch, Dona 1d E. Oliver, Tom K. Brahe, John Markotic, R. Hohensee and Edith A. Linke, a11 of Milwaukee, Wisconsin,�p�i its true and lawful agent and Attorney-in-Fact, to malee, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and a11 bonds and undertakings . .... .. .... ..�= n the 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 B. J. Dorsch, eta1, dated April 30, 1976. The said Assistant Secretary dces 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. Irt WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed theli riStrieS aIICl 3ff1XeCl tlle COiPOiate Se11 Of tI1C SaiCl FIDELITY AND DEPOSIT COMPANY OF MARYLAND, th15 15th June---------------------------- A.D. 19--76---- ------------------------------------------------------------day of.-------------------------------- �,,,,.�,.,,,�� FIDELITY AND DEPOSIT COMPANY OF MARYLAND ��ooeapsr'=y LiTTEST: ' � P 'o�" �'°;'- ;0 SEAL 2€ . . n... zm� T:� ""'""' ""_""""_ ;,,o, a : -------------�---� --- - -- - - -- -- - ---------- BY--------------------------------------- f 'b;",.;;;�;��, Assistant Secretary Vice- resident STATE OF MARYLAND 1 SS: CITY OF BALTIMORE f On this 15th day of June , A.D. 19 76 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 SeCi2i2T}� O{ ille FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to mQ 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. `,`",o.O A �� ,,,, ^ • �. ��t�,......, h%q ,, /, .` , �� ;�:'NOTARY'• N' --------------------------- --- ---° �'Z�`�"�---- ---- ----- - - -� - - ----- -----°-^ = �— ;*` � • • Jul 1 1978 -*� Notary Public Commission Expires.__.___ y_____ � , m. . - -----•------- %y�l .?UBL�G y�': CERTIFICATE %., � i, h O R . . . C \ . � `, , ` , �. I� the undersigned, AssistaYft��@�CCt3Py O{ Lk1e FIDELITY AND DEPOSIT COMPANY OF NYARYLAND� do hereby certify that the original Power of Attorney of which the foregoing is a fuil, 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 L}1Q 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 SY 3 IlleftiRg C�UI}' CS�IeCI 8Ild �leld Ori i}12 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." Ix TESTIMONY WHEREOF� I have hereunto subscribed my name and affixed the corporate seai of the said Company, this -•-------21s_t-------------------------------------aay ot.--------September------------------.., i9_76.-- L1419—Ctf. 200832 ------------------------ ----------------- ------ --------------------------------- ----------------- Assist¢n� cretary � c� zn w. m � � � � m c� � � � m m � � � � N i--� � � rn c� � �i � �• m a � rn � � � O ct W O � H 0 � � 0 � � \=, F-'� � �_ ' �i CD � � la O OB f--' W � � � 1-'� 1-'� O O �� ,� �. Q'�'�' 0 0 � � �� sv . o � �'�,° N� �y o � � m 0 � � � . �-y o � � N �