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HomeMy WebLinkAboutOshkosh Northwestern Company 5/16/1986 b 0 AGREEMENT THIS AGREEMENT made and entered into this 16TH day of May, 1986, 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 reso- luton duly adopted on the 15th day of May, 1986, 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: printing of 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 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 be- tween 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 Exhibit "A" attached hereto.) , 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 agree- ment to be signed by the proper officers of each party and their 1 corporate seals to be hereunto affixed all on the day and year first above written; then if first party is a corporation or part- nership, 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 BY: Signature of the sole pro- - _ prietor, or nam- or corporation Ai or artnership •�.1 -.., -ident or P� D-r Mr ,r 4 Secretary CITY OF OSJIKOSH /41/2/y/ 1, BY: ./l� .A- • C William D. 6Frueh, City Ma a ag e r And: Atiarl 4 i �, 4 1) Donna C. Serwas, City Clerk Approv d as to orm a execution: I hereby certify that the necessary provisions have been made to pay the lia- Warren P. Kr- ft,, bility that will accrue Asst. City Attorney under this Contract. EDWARD A NOKES, City Comptroller 2 EXHIBIT "A" OSHKOSH NORTHWESTERN COMPANY Oshkosh, Wisconsin 54901 (Publishers of the OSHKOSH DAILY NORTHWESTERN) FOR COUNCIL PROCEEDINGS 85 . 4 cents per standard line for straight matter 6 pt . Futura Type 109. 8 cents per standard line for tabulated matter 6 pt. Futura Type FOR LEGAL NOTICES, IMPROVEMENT NOTICES REPORTS, ORDINANCES AND ALL OTHER LEGAL NOTICES AND REPORTS First Insertion: 85.4 cents per line for straight matter 6 pt. Futura Type 109 . 8 cents per line for tabulated matter 6 pt . Futura Type Subsequent insertion: 67 .2 cents per line for straight matter 6 pt. Futura Type 86 .4 cents per line for tabulated matter 6 pt . Futura Type DISPLAY ADVERTISING* 8.52 per inch *Display advertisements are not covered by legal rates e ablished by law. These are charged at our non-profit rate of . &1 5 per inch. I � The Northw io , , estern ''i � published by the 14 Oshkosh Northwestern Company 224 State Street, P.O. Box 2926 SAMUEL W.HEANEY AND A.THOMAS SCHWALM Oshkosh,Wisconsin 54903 CO PUBLISHERS (414)235-7700 April 29, 1986 Mr. Donald LaFontaine Purchasing Agent - Room 312 P.O. Box 1130 Oshkosh, Wisconsin 54902 Dear Mr. LaFontaine Enclosed please find our proposals for printing the Council Proceedings and City Advertising for the Publishing year. Performance bonds are attached. Very truly yours, THE ISHKOSH NORTHWE,#N Ail' 410(., Russell F. Spr C Secretary RFS/rr Enc: PROPOSAL PRINTING OF CITY' S ADVERTISING , PUBLICATION OF COUNCIL PROCEEDINGS AND 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 furnins 2rformance bond , for the ensuing year at the following rates : COUNCIL PROCEEDINGS 85.4 G per standard line for straight matter 6 pt. Futura Type 109.8 per standard line for tabulated matter 6 pt. Futura Type LEGAL NOTICES , IMPROVEMENT NOTICES , REPORTS , ORDINANCES AND ALL OTHER LEGAL NOTICES AND REPORTS First Insertion : 85.4 per line for straight matter 6 pt. Futura Type 109.8 per line for tabulated matter 6 pt. Futura Type Subsequent Insertions : 67.2 per line for straight matter 6 pt. Futura Type 86.4 per line for tabulated matter 6 pt. Futura Type * DISPLAY ADVERTISING 8.52 • per inch * Display advertisements are not covered by' legal rates established by law. These are charged at our non-profit rate of 8.15 per inch. OSHKOSH NORTHWESTERN COMPANY Name of Company PROPOSED BY: RUSSELL F. SPRUNG Person making out this bid April 29, 1986 224 State Street Date Address Oshkosh , Wisconsin 54901 City and State Bond No. MCN-865819 NORTHWESTERN NATIONAL Insurance Company MILWAUkEE, WISCONSIN PERFORMANCE & PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, Oshkosh Northwestern Company as Principal, hereinafter called the Principal, and Northwestern National Insurance Company o f Wi S.a corporation organized and existing under the laws of the State of Wisconsin with its principal office M1 w. 1n Milwaukee,Wisconsin , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Oshkosh, Wisconsin as Obligee, hereinafter called the Obligee, in the just and full sum of Five Hundred and No/100ths ($500 . 00) Dollars, to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has entered into a certain written contract with the Obligee, dated the day of May 19 86 to May 10 , 1987 For: Print and publish proceedings of the Oshkosh, Wisconsin Common Council which contract is hereby referred to and made a part hereof, as fully and to the same extent as if copied at length herein. Now, Therefore, the condition of this obligation is such that, if the Principal shall faithfully perform all of the ohlieations of the Principal under the contract, and shall fully indemnify and save harmless the Obligee from all cost and damage which the Obligee may suffer by reason of the failure of the Principal so to do and shall fully reimburse and repay the Obligee all reasonable outlays and expense which the Obligee may incur by reason of such failure; and shall pay all persons who have contracts directly with the Principal for labor or materials in the performance of this contract, subject to the Obligee's priority, then this obligation shall he null and void, otherwise it shall remain in full force and effect. The foregoing obligation, however, is limited by the following express conditions, the performance of each of which shall be a condition precedent to any right of claim or recovery hereunder: 1. In the event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be given by the Obligee to the Surety as promptly as possible after such default has become known to the Obligee, and shall be forwarded by registered mail to the Surety as its Home Office. 2. If the Principal shall fail to comply with the provisions of the contract to such an extent that the con- tract shall be forfeited, the Surety will have the right and opportunity to assume the remainder of the contract and at its option to perform or sublet the same. 3. No action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve (12) months after completion of the work specified in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within three (3) months from the expiration of the maintenance period, but not afterwards. Signed and sealed this 8th day of April A. D. 19 86 Oshkosh Northwestern Company BY: (Seal) Principal Northwestern National Insurance Company Q. Milwaukeex Wisconsin (Seal) Surety T 77 � //f By Att rney—in-Fact G 1\1501104rF. ASSOCIATES F & S 1069 101 High OSHKOSH, WISCONSIN 54901 6510 NORTHWESTERN NATIONAL INSURANCE COMPANY of xn.wwuxns,vv18CONum HOME OFFICE: 731 NORTH JACKSON STREET/P.O.BOX 2070/MILWAUKEE,WISCONSIN 53201/PHONE(414)765 4444 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That NORTHWESTERN aNAlONAL IN URANCE COMPANY A Y OF MILWAUKEE, WISCONSIN, a Wisconsin stock insurance corporation,does make,constitute and appoint P 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: Any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ---- and to bind NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN 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: Article II,Section 1. The business and property of the company shall be managed and controlled by the board of directors. Article III,Section 1. The board of directors may appoint additional officers and agents to perform such duties as may be assigned by the board of directors. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE,WISCONSIN on May 14, 1963. RESOLVED that the president,any vice-president or assistant vice-president,in conjunction with the secretary or any assistant secretary,may appoint attorneys- in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and 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 previously granted to such person. RESOLVED FURTHER that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the company (i) when signed by the president,any vice-president or assistant vice-president,and attested and sealed (if a seal be required) by any secretary or assistant secretary;or (ii) when signed by the president,any vice-president or assistant vice-president, secretary or assistant secretary,and countersigned and sealed (if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evid- enced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any power of attorney or certifica- tion thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE,WISCONSIN has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 25th day of February 19 85 4-5 NORTHWESTERN NATIONAL INSURANCE COMPANY At' OF MILWAUKEE,WISCONSIN /J 12:MKWWKEE t0 /� V ��M +..b ' Vice President ASS t. Secretary STATE OF WISCONSIN,COUNTY OF MILWAUKEE—ss Donald L. Bowen and On this 25th day of February , 19 85,personally came before me, Frank P P. Welch , to me known to be the individuals and officers of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN,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 said corporation. f,, : ' t ; — i f oom,,, •� i • Notary Public tv,�,•;..,G./j r 2/5/89 '� °°' y Commission Expires CERTIFICATE I, the undersigned, assistant secretary of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a Wisconsin corporation, 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. ���"°pAN-4 Signed and sealed at the City of Milwaukee this 8th day of April , 19I ter OF °°4t / i,rf MILWAUKEE Eli j s ////'%L�•/Z 'AS,•r'.,HIS. rA^ IN oM , Harold C. R- and Assistant Secretary 11736(12-821 Bond No. MCN-865820 NORTHWESTERN NATIONAL Insurance Company MILWAUKEE, WISCONSIN PERFORMANCE & PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, Oshkosh Northwestern Company No thwestern National Insurance Company of Milw. as Principal, hereinafter called the Principal, and ' Wis. a corporation organized and existing under the laws of the State of WiSCOnSinwith its principal office in Milwaukee, Wisconsin , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Oshkosh, Wisconsin as Obligee, hereinafter called the Obligee, in the just and full sum of Five Hundred and No/100ths ($500. 00) Dollars, to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has entered into a certain written contract with the Obligee, dated the day of May 19 86 to May 10 , 1987 For: Print and publish City of Oshkosh, Wisconsin advertising which contract is hereby referred to and made a part hereof, as fully and to the same extent as if copied at length herein. Now, Therefore, the condition of this obligation is such that, if the Principal shall faithfully perform all of the obligations of the Principal under the contract, and shall fully indemnify and save harmless the Obligee from all cost and damage which the Obligee may suffer by reason of the failure of the Principal so to do and shall fully reimburse and repay the Obligee all reasonable outlays and expense which the Obligee may incur by reason of such failure; and shall pay all persons who have contracts directly with the Principal for labor or materials in the performance of this contract, subject to the Obligee's priority, then this obligation shall he null and void, otherwise it shall remain in full force and effect. The foregoing obligation, however, is limited by the following express conditions, the performance of each of which shall be a condition precedent to any right of claim or recovery hereunder: 1. In the event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be given by the Obligee to the Surety as promptly as possible after such default has become known to the Obligee, and shall be forwarded by registered mail to the Surety as its Home Office. 2. If the Principal shall fail to comply with the provisions of the contract to such an extent that the con- tract shall be forfeited, the Surety will have the right and opportunity to assume the remainder of the contract and at its option to perform or sublet the same. 3. No action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve (12) months after completion of the work specified in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within three (3) months from the expiration of the maintenance period, but not afterwards. Signed and sealed this 8th day of Ajr .1 A. D. 19 86 Oshkosh Northwestern Company BY: (Seal) Principal Northwestern National Insurance Company of Tii uk lwa ;e, Wisconsin (Seal) / Surety �' 2) B y ..G: M. StaplesA4torney -in--Fact ''90 1a 'i '1 `-$ •1 d. . A ( " .a'''C. g F & S 1069 : 'i ;. i .1,_:' 'q OS r`t" F:,:: ;�' .., . :r.,1 ; ,I 90( esziNORTHWESTERN NATIONAL INSURANCE COMPANY or MILWAUSID=,W1ecoNSIN HOME OFFICE: 731 NORTH JACKSON STREET/P.O.BOX 2070/MILWAUKEE,WISCONSIN 53201/PHONE(414)765-8444 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That NORTHWESTERN AlONAL IN URANCE COMPANY A Y OF MILWAUKEE, WISCONSIN, a Wisconsin stock insurance corporation,does make,constitute and appoint: 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: Any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ---- and to bind NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN 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: Article II,Section 1. The business and property of the company shall be managed and controlled by the board of directors. Article III,Section 1. The board of directors may appoint additional officers and agents to perform such duties as may be assigned by the board of directors. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE,WISCONSIN on May 14, 1963. RESOLVED that the president,any vice-president or assistant vice-president,in conjunction with the secretary or any assistant secretary,may appoint attorneys- in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and 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 previously granted to such person. RESOLVED FURTHER that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the company (i) when signed by the president,any vice-president or assistant vice-president,and attested and sealed (if a seal be required)by any secretary or assistant secretary;or (ii) when signed by the president,any vice-president or assistant vice-president,secretary or assistant secretary,and countersigned and sealed (if a seal e required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evid- enced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any power of attorney or certifica- tion thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE,WISCONSIN has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 25th day of February 19 85 NORTHWESTERN NATIONAL INSURANCE COMPANY pi,:��''- ,., OF MILWAUKEE,WISCONSIN I�/� Ini Oi rG i....).54,44... 4"/42;_f G /.-' /���'{"�./� : N. NKWWKE'"E ii F A�� h AR:' Vice President ASS t• Secretary STATE OF WISCONSIN,COUNTY OF MILWAUKEE—SS Donald L L. Bowen On this 25th day of February , 19 85,personally came before me, and Frank P. Welch , to me known to be the individuals and officers of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN,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 said corporation. li� •uauc,/:' Notary Public ;•.. : +� 2/5/89 '' " y Commission Expires CERTIFICATE I, the undersigned, assistant secretary of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a Wisconsin corporation, 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. ,•....----..,04 Signed and sealed at the City of Milwaukee this 8th day of April IHf Ci .:G IMiWJWKEE t 3 4,1" .......1..6"'vass //":i «`Z - 1h11aN Harold C. R and Assistant Secretary 1� J{{f 11 736(12-82)