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HomeMy WebLinkAboutOshkosh Northwestern 9/1/1989 r / 4{ k N F � I, The Northwestern,L �., I 0 s ,/ published by the _ Oshkosh Northwestern Company 224 State Street, P.O. Box 2926 Oshkosh,Wisconsin 54903 SAMUEL W.HEANEY AND A.THOMAS SCHWALM CO PUBLISHERS (414) 235-7700 September 1 , 1989 "Locally Owned Since 1868" Dear Customer: This letter is to announce The Oshkosh Northwestern' s new advertising rate card, effective October 1 , 1989. Display rates will increase 4.2% to 6.5% depending on the number of advertising inches used each month under your agreement. Your advertising representative will ensure that a copy of our new rate card reaches you as soon as possible. Please note the excellent saving opportunities with repeat advertising and color discounts. To add further value to your advertising program, we continue to offer at no charge, idea and design help from our creative services department. With the recent addition of the AP Color graphics package, front page color weather map, and the Knight Ridder news service to our newspaper, we deliver a crisper, brighter product each day. We are confident these investments in our product will continue to draw more readers and shoppers. We appreciate your business. We pledge to deliver the finest newspaper and advertising medium possible, through which you can reach the most customers at the lowest cost. / _ Very trul your,�� joi • , / 4,,-1.- , 0, B. Dean M Advertising Directo ? , v J��Z°zc / /LC,CLr, �"z s% fzu �� c1 �zC',tE:�t u� z :��L���.�? te. �c 0 CrCr- «zCc.e -11/4_, y J (. Q ,-/ Y . 17t( . k.7 / /iZt) ZL' C %r'di-{<—' (}7"u, 0e7 e':fl.,6-7-14_,/ ✓l J7x AGREEMENT THIS AGREEMENT made and entered into this 5th day of May, 1989, by and between OSHKOSH NORTHWESTERN COMPANY, 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 4th day of May, 1989 , 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: City's advertising, publication of Council proceedings and other matters for the ensuing year 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 there- under 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 (See attached proposal) , 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 agreement 1 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: OSHKOSH NORTHWESTERN COMPANY • .� c z,.` BY; Signature of the sole pro- prietor, or n.me or corporation or ` artnersh` ;' iresi dent or Pa to:." 4 / «� - ��� �, ecretary `, CITY OF OSHKOSH BY: '' �,1�1i r rY. William D. Frueh, City 4 . f Manager /j�� I( 1 And: / 0^/0 onna C. Se as, City Clerk A,p ved as to fo m nd execution: I hereby certify that the necessary provisions have been made to pay the lia- rren P. Kra bility that will accrue Asst. City Attorney under this Contract. , 1 EDWARD A NOKES, City Comptroller 2 • PROPOSAL PRINTING OF CITY' S ADVERTISING , PUBLICATION OF COUNCIL PROCEEDINGS AD OTHER MATTERS We , the undersigned propose to print the City ' s Advertising and Publication of Council Proceedings and other matters pertaining to the City , and furnish a performance bond , for the ensuing year at the following rates : COUNCIL PROCEEDINGS 93 . 6 C per standard line for straight matter 120 . 3 C per standard line for tabulated matter LEGAL NOTICES , IMPROVEMENT NOTICES , REPORTS , ORDINANCES AND ALL OTHER LEGAL NOTICES AND REPORTS First Insertion: 93 . 6 C per line for straight matter 120 . 3 C per line for tabulated matter Subsequent Insertions,: 73 . 7 C per line for straight matter 94 . 7 C per line for tabulated matter * DISPLAY ADVERTISING 9 . 49 per inch' *Display advertisements are not covered by legal rates established by law . These are charged at our nor - profit rate of $ 9 . 49 per inch ( add .25 per inch for Sunday ads . ) OSH : H NORTHWEST '• COMPANY Name •f •ompany 1r "AI PROPOSED BY: Russell F . Agmagmmmmil Person making •ut this aft April 17 , 1989 224 State Street Date Address Oshkosh , WI 54901 City and State • • AV7 STATE SURETY COMPANY Renewal Bond PERFORMANCE BOND MCN 865820 The American Institute of Architects,AIA Document No.A312(December, 1984 Edition) Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): OWNER(Name and Address): Oshkosh Northwestern Company City of Oshkosh P 0 Box 2926 Oshkosh WI 54903 CONSTRUCTION CONTRACT SURETY(Name and Principal Place of Business): Date: May 10, 1989 State Surety Company 445 S Moorland Rd Amount: $500.00 Brookfield WI 53005 Description(Name and Location): Print and publish City of Oshkosh, Wisconsin advertising BOND Date(Not earlier than Construction Contract Date): May 10, 1989 Amount: $500.00 Modifications to this Bond: l None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: Oshkosh Northwestern Co. (Corporate Seal) Company: State Surety Company (Corporate Seal) PO Box 2926 P 0 Box 1635 Oshkosh WI 54903 Milwaukee WI 53201 / OP , .., A- A' ,. ,Signature: s. �i�.�� r N > _ Signa r-. ` _ Name .nd Title: I II Name a d Title: S. J. S ith, Attorney-In-Fact (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY—Name, Address and Telephone) OWNER'S REPRESENTATIVE(Architect, Engineer or other AGENT or BROKER: party): 1 The Contractor and the Surety, jointly and severally, bind them- 3.3 The Owner has agreed to pay the Balance of the Contract Price selves,their heirs,executors,administrators,successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract,which Contract or to a contractor selected to perform the Construction is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract,the Surety and Owner. the Contractor shall have no obligation under this Bond,except to par- 4 When the Owner has satisfied the conditions of Paragraph 3,the ticipate in conferences as provided in Subparagraph 3.1. Surety shall promptly and at the Surety's expense take one of the 3 If there is no Owner Default,the Surety's obligation under this Bond following actions: shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its 4.1 Arrange for the Contractor with consent of the Owner, to address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract;or sidering declaring a Contractor Default and has requested and 4.2 Undertake to perform and complete the Construction Contract attempted to arrange a conference with the Contractor and the itself,through its agents or through independent contractors;or Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner,the Contractor and the Surety agree,the Contractor acceptable to the Owner for a contract for performance and corn- shall be allowed a reasonable time to peform the Construction Con- pletion of the Construction Contract,arrange for a contract to be tract,but such an agreement shall not waive the Owner's right,if prepared for execution by the Owner and the contractor selected any,subsequently to declare a Contractor Default;and with the Owner's concurrence,to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract.Such the bonds issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3.1;and resulting from the Contractor's default;or ORSC 22223 4.4 Waive its right to perform and complete,arrange for completion, accrue on this Bond to any person or entity other than the Owner or or obtain a new contractor and with reasonable promptness under its heirs,executors,administrators or successors. the circumstances: 8 The Surety hereby waives notice of any change,including changes .1 After investigation,determine the amount for which it may of time, to the Construction Contract or to related subcontracts, be liable to the Owner and, as soon as practicable after purchase orders and other obligations. the amount is determined,tender payment therefor to the 9 Any proceeding, legal or equitable, under this Bond may be Owner;or instituted in any court of competent jurisdiction in the location in which .2 Deny liability in whole or in part and notify the Owner citing the work or part of the work is located and shall be instituted within reasons therefor. two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses 5 If the Surety does not proceed as provided in Paragraph 4 with or fails to perform its obligations under this Bond,whichever occurs reasonable promptness,the Surety shall be deemed to be in default first.If the provisions of this Paragraph are void or prohibited by law, on this Bond fifteen days after receipt of an additional written notice the minimum period of limitation available to sureties as a defense from the Owner to the Surety demanding that the Surety perform its in the jurisdiction of the suit shall be applicable. obligations under this Bond,and the Owner shall be entitled to enforce shall be mailed ntra 0 Notice to the Surety,the Owner or the Co ctor any remedy available to the Owner.If the Surety proceeds as provided 1 1 delivered h the address shown on the gnactor page. in Subparagraph 4.4,and the Owner refuses the payment tendered or the Surety has denied liability,in whole or in part,without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner. to be performed,any provision in this Bond conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted herefrom and the Construction Contract, and if the Surety elects to act under provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.The intent is that this Bond shall Subparagraph 4.1,4.2,or 4.3 above,then the responsibilities of the be construed as a statutory bond and not as a common law bond. Surety to the Owner shall not be greater than those of the Contractor 12 DEFINITIONS under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price:The total amount payable by Construction Contract. To the limit of the amount of this Bond, but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract all proper adjustments have been made, including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract,the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6.1 The responsibilities of the Contractor for correction of defec- which the Contractor is entitled, reduced by all valid and proper tive work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 6.2 Additional legal,design professional and delay costs resulting 12.2 Construction Contract:The agreement between the Owner from the Contractor's Default,and resulting from the actions or and the Contractor identified on the signature page,including all failure to act of the Surety under Paragraph 4;and Contract Documents and changes thereto. 6.3 Liquidated damages,or if no liquidated damages are speci- 12.3 Contractor Default:Failure of the Contractor,which has neither Pied in the Construction Contract, actual damages caused by been remedied nor waived,to perform or otherwise to comply with delayed performance or non-performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default:Failure of the Owner,which has neither been of the Contractor that are unrelated to the Construction Contract,and remedied nor waived, to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations. No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: y . STAfL SURETY COMPANY Des Moines, Iowa POWER OF ATTORNEY - KNOW ALL MEN BY THESE PRESENTS, That STATE SURETY COMPANY, a Corporation organized and existing under the taws of the State of Iowa, does make, constitute and appoint S. J. SMITH. OF t3FtOOKFIELD, Wt its true and lawful Attorney(s)-in-Fact,with full power and authority for and on behalf of,the company as surety,to execute and deliver and affix the seal of the company thereto if a seal is required,bonds,undertakings,recognizances or other written obligations in the nature thereof, as follows: ALL VWRITTEN Its4STRUMENTS • and to bind STATE SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the following provisions of the.By Laws:of the company,Which are now in full force and effect: Section 1, ArticleII. The Chairman of the Board the President,iany Vice-President or any Assistant Vice-President, the Secretary or any Assistant Secretary or the Treasurer shalt have:authority to issue'bonds, pt licies or undertakings in the name of the Company. The Chairman of tit? Board,`the President or any Vice-President,or any Assistant.Vice-President;in conjunction with the Secretary or any Assistant Secretary may appoint attorneys-in-fact or agents with authority as defined Of limited in the-instrument evidencing the appointment in each case,for and on-behalf of the Company .to execute and deliver and to affix;:the seal of the Company to Bonds, undertakings,recognizances, and suretyship obligations of all kinds; and said officers..may remove any such attorney-in-fact or agent and revoke any power of attorney granted to such person. And 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 such bond had been duly-executed and acknowledged by one of the regularly elected officers of the Company in their own proper person. This Power of Attorney or any certificate thereof may be signed and sealed by facsimile under and by the authority granted by Section 1,Article II,Paragraph 3 of its By-Laws to wit:: The signature of any authorized offs er and the seal of.the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of:any bored, undertaking recognizance, or other suretyship obligation of the Company; and suctr signature and seal when so used shall have the same force and effect as though manually affixed." It is certified by the officers signing that the foregoing is a true copy of Section I, Article II of the By-Laws of said Company, duly adopted and recorded, and is now in force. ` IN WITNESS WHEREOF,STATE SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this ST day of JANUARY , 19 89 �> t, STATE SURETY COMPANY , sEAL )N4.4, Secretarylt�easuret Vice President STATE OF IOWA,COUNTY OF FOLK-ss On this 3I ST day •of JANUARY 19 89 personally came before me, KENNETH N.NELSON and DAVID G.MI.N,ZeL to. me Known.,. to. be the individuals and .:officers of the STATE SURETY COMPANY, who executed the above instrument,and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of s ' corporation.' /4. 4,t"- re r Notary Public * MY QDMMISSmti EXPIRES O E�/2 5/5+ My Comcnission Expires • CERTIFICATE I,the undersigned,;assistant secretary of the STATE SURETY COMPANY, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the By•Laws of the company and the`Resolutions of the board of directors set forth- in the Power of Attorney,are now in force, Signed and sealed at the City of Des Moines this 23rd " day of February i9$9 0 q — ..raj L CORPORATE i Assistant Secretary 22-0002 0 SEAI, STATE SURETY CO ORSG 21146(10-86)