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HomeMy WebLinkAboutBriennen Company/Light Poles on Main, Ohio & Oregon St 1985 AGREEMENT THIS AGREEMENT made and entered into this 19thday of July, 1985, by and between BRIENEN COMPANY, INC., 1027 Warren Street, Green Bay, WI 54303 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 18th day of July, 1985, 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: refurbish 216 street light poles on Main, Ohio & Oregon Streets 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 $10,692.00 , 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: BRU�N`E�N C PANY, INC. "N‘Cs‘I''' ‘ 'N.N`"Li anci -0...---"..-.1 ----....„, Si ature of the sole pro- /j .4 i , ', A,_ . . ,iIi ./7-de prietor, or name or corporation or partnership QKKt- ,, 6/-0 /1)f_.,0 President or Partner if ' 4...e• , • 'Lil_/ ____ 4ecretary ~) CITY OF osrwsH VII \1 BY: ;.r �' f William D. Frueh, City ^ Mafia er { /, � 11 it,1.2_.4_., ( �''. ., .` And: ... ? I L L 1 C .4 2/i '.74.): — ' j Donna C. Serwas, City Clerk Approved as to fo*m and execution: I hereby certify that the i �' ,- necessary provisions have \;; ,� i r ts�- ■ been made to pay the lia- Warren P. Kraft, bility that will accrue Asst. City Attorney under this Contract. EDWARD A NOKES, City Comptroller 2 . A '.. r & —4. _ 2 .= :.tom', i3' ,,.� � \-,.tea. ,=� J\IITIEID STATES IFIfDIELII : k4I .lr� JAItAN1rY COMPA\Y I 'j �Wit, (A Stoq Company) ;:: I PERFORMANCE BOND I Approved by The American Institute of Architects '' A. I.A. Document No.A-311(February 1970 Edition) BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: ':1 That Brienen Company,, Inc. , 1027 Warren Street, Green Bay, WI 54303 as Principal, hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws I of the State of Maryland, Baltimore, Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto..G :`437 Q ::- Oshkosh, Wisconsin as Obligee, hereinafter called Owner, in the amount of Ten thousand six hundred ninety—two and no/100 Dollars ($10,692.00----), 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 July 19th, 19 85entered into a contract with Owner for refurbishing 216 street light poles on Main, Ohio & Oregon Streets in the City of Oshkosh, Wisconsin, in accordance with drawings and specifications prepared by City of Oshkosh Wisconsin, P. O. Box 1130, - (Here insert full name, title and address) Oshkosh, WI 54902 , 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. ' i' The Surety hereby waives notice of any alteration or extension of time made by the Owner. -! -i 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 (I) 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 low- est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, 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 funds 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 may 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 from the date on which final payment under the >, Contract falls due. No right of action 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 the Owner. Signed and sealed this 1st day of August , 1985, I In the preseen�ceemsof: B i..elef..: Qxnpany...,....I3ac.. ,:,,,, B - (Seal) /, (witness) y Presid t Princlirat / UNITED STATES FIDELITY A D GUARANTY COMPANY r � — �- r (Witness) By --tt / (Seal) Attorney-in-Fact Contract 21 1 (2.70) .., •,sAz;cgri "' ;rii?f r,,W;,!,,Tpd,?1'�A�i4.,,,, t ° F A s.:x!'^ 4.,O..,i%.�&tir+lk'h"Wi: _!, ,.. . F'i r 'n,r£ �:.. . .Yh4 e i ,dSio�..�,�?.M'k ,.,. ' �..il;'lu-.as:.:,.- sHje ..:...,.A9.-_.r,:�;: 5.:. .b :. , v ,...r.a .v..._ �..... ,•.vd _ .�• f ,;.,m o'p.Irrq,�,e_ '.._ �F iii UNITED' STATES FIDEL !' f 1 ��A ��� COMPANY "F .;ii,.,/ 1 k (A Stock Company) ',,, LABOR AND MATERIAL PAYMENT BOND v:-iii Approved by The American Institute of Architects Vil A. I.A. Document No. A-311 (February 1970 Edition) ;._ 1 41 � KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER fir,: x That Brienen Company, Inc., 1027 Warren Street, Green Bay, WI 54303 4 as Principal, -' hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws ,:'; of the State of Maryland, Baltimore, Maryland as Surety, hereinafter called Surety, are held and firmly bound unto City of l`"""ii Oshkosh, Wisconsin " I «y as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Ten thousand six hundred ninety—two and no/100 Dollars($ 10,692.00——— ), 1 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. h} '( WHEREAS,Principal has by written agreement dated Jul 19th, 19 8.5 entered into a contract with Owner for ;.3 ..;y � P Y g July � refurbishing 216 street light poles on Main, Ohio & Oregon Streets in the ..4 ''' iiCaiM,dartefwi041rairoit$4id sWiiifiataPasrjF0ared by City of Oshkosh, Wisconsin, P. 0. Box T 'R (Here insert full name,title and address) . k'' ) 1130, Oshkosh, WI 54902 which contract is by reference made a part ,. Y P `'" hereof,and is hereinafter referred to as the Contract. "'. °: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all .° claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this `' •'K obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 4 W (1) A claimant is defined as one having a direct contract with the Principal or with a sub-contractor 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 i'''''''',1- 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 I; , has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's r- work or labor was done or performed, or materials were furnished by such claimant, 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 ,'M. } P l g Y 1 Y ,r;�. Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, - -4 (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the :` following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the 41 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 and the name of the party to whom the materials were furnished, or for whom the work or labor was done or =: performed. Such notice shall 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 be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, r however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation ;i tl shall be deemed to be amended so as to be equal to the minimum period of Ijmnitation permitted by such law. ;':; j (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 k.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, inclusive --' of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the :a s amount of such lien be presented under and against this bond. I LSigned and sealed this 1st day of August 19.85 ;- Briene Company, Inc. API 9-e-Sta/CA). / /54A114\—) By.„i. (Witness) Presid nt Princi al P E r UNITED STATES FIDEL j ND GUARA COMPANY/0,/ CL/'l( 4 - .t-'n- By r �/ (Seal) !". (Witness) Attorney-in-Fact ! _" fr This bond is issued simultaneously with performance bond in favor of the Owner conditioned on the full and faithful performance of the Contract. ■ r "N;j f ,s 7v. ,.-..„-A. :. ss.ky,:. �: :— "—r..s.�•'•S f p€,sue,.1F7 kt V�o�i 57,,:',714—:14,S.r.r.:. ., :. •., '��.a'Y£f� {.1 - '^t sf y' s i• Contract 211-A (2-70) 0 CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 89166 Snow all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Jeanie Hlinak of the City of Green Bay , State of Wisconsin its true and lawful attorney in and for the State of Wisconsin for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Jeanie Hlinak may lawfully do in the premises by virtue of these presents. !n Witness Whereof. the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary,this 8th day of December , A. D. 1978 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) g7,,,. D. H. Meehan Vice-President. (S ) William J. Phelan (Signed) Assistant Secretary. STATE OF MARYLAND, } BALTIMORE CITY, ss: On this 8th day of December A. D. 197 8 , before me personally came D. H. Meehan , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and William J. Phelan , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they,the said D. H. Meehan and William J. Phelan were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19 82 (SEAL) (Signed) Margaret M. Hurst Notary Public. STATE OF MARYLAND 1} 1 BALTIMORE CITY, Sct. William Allen . Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hurst • Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record,this 8th day of December , A. D. 19 7 8 (SEAL) (Signed) William Allen Clerk o/the Superior Court o/Baltimore City. Fs 3 (6-77) COPY OF RESOLUTION That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore,be it Resolved,that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland,or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization,office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted,filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking„ or anything in the nature of either of the same. I, Theodore G. Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Jeanie Hlinak of Green Bay, Wisconsin authorizing and empowering her to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on August 1st, 1985 (Date) .°I;1J/4ft i 4......■ '""/ f Assistant Secretary. fLITY ,I � \I1 ]ED sirATIEs IFIIDIELII N . NARA\ Y COM A\ { ,` i �o i ° ow, 1 1 j , �'/896_-,-; , (A'Stoc CompanII . !, -ti"' PERFORMANCE BOND Approved by The American Institute of Architects 1I A. I.A. Document No.A-311(February 1970 Edition) li BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: ,. i i r ' That .. !? .,.n. ...c4?! y..r Inc,.,... Q27 Warren Streit Green Bay, WI ?', F .,I' as Principal, t •! hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, Baltimore, Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto..city of O$Osb, Wiens ► si as Obligee, hereinafter called Owner, in the amount of TW11...t43914411441d Six inavueci...: ,#'3 ty-twA an no/100 Dollars ($14.,092,..1)0........) - 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 July 19th1 19 8 entered into a contract with Owner for refurbishing 216 street light poles on Main, Ohio & Oregon .=treetss in . the City of Oshkosh, Wisconsin, • i ''` in accordance with drawings and specifications prepared by City of Oshkosh, Wisconsin, P. 0• Box 1130, (Here insert full name, title and address) UShkO h, '.JI 54902 , which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. e=: 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. :.i 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 low- i`' est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, 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 funds 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 may 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 from the date on which final payment under the Contract falls due. No right of action 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 the Owner. A. a Signed and sealed this let day of August 19 . In the pre nce of: Brienen ??Y..x Inc. , ., .1./Aateek-pe 6A411-fuer--- ::..,,1 Byf-.7 '■ (witness) Iles t Principal /� � (�� /\� J UNITED A ES FIDELITY AND GUARANTY COMPANY .{i (Witness) By f c •'// (Seal) ,;1 ,..ttorney-in- act :- - Contract 2 1 1 (2.70) I i A�µ� !:!'tdj'\x.q ahi.�y'�"'"n?'.,: Y w\,,,F11 Fn S i e AFRA''i r °ZEFO t%�:z', s..?. t t .in:`'�� J ?:^t�' a:' F,S i4R d t 44; s a y' tl i5:.;,<;., }il YN es?.. .: i ,e,. ',l s • .r, 2 __,_.L... . -, �VwELITy ;. -- . _ UNITED STATES FIDEL' -' _ UARANTY COMPANY (A Stock Company) 1 '; LABOR AND MATERIAL PAYMENT BOND X Approved by The American Institute of Architects i A. I. A.Document No.A-311 (February 1970 Edition) j:'W al k- KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER tz That Brienen Company, Inc., 1027 Warren Street, Green Bay, WI 54303 f as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, Baltimore, Maryland as Surety, hereinafter called Surety, are held and firmly bound unto...City o -3 Oshkosh, Wisconsin F<`=,1 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of d:.th.:M.14 . six.bunOxo4 ninety-two and.no/100 00 10 692.00— ), 1 Dollars($ la ), 1::-_ ' .. for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and ?: e ( severally,firmly by these presents. X. a WHEREAS, Principal has by written agreement dated July 19th, 19 $$entered into a contract with Owner for °: `,"a refurbishing 216 street light poles on main, Ohio & Oregon Streets in the a iiCeictman6" wiWi brrd s i$igtaleop hared by City Of Oshkosh, Wisconsin, P. 0. BOX u 1 (Here insert full name, title and address) k .. 1130, Oshkosh, WI 54902 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 the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: . , to (1) A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, i:;i ow- 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. w� 4. (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) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, 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 gt Owner shall not be liable for the payment of any costs or expenses of any such suit. `` (3) No suit or action shall be commenced hereunder by any claimant, 3; (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the ` .FYI last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy f the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or , 'S. performed. Such notice shall 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 i :: such service need not be made by a public officer. .... (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, i,'s however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation i w:'; shall be deemed to be amended so as to be equal to the minimum period of lynitation 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 Ih .! project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part Ii,,:j wa thereof, is situated, and not elsewhere. 11...z ��.� � (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the '„1 B_7 amount of such lien be presented under and against this bond. Signed and sealed this 1St day of August 19 BS 1,115; Br' ne C.-m y, Inc. ; 1 °i U �(�>`J By .^ ti (Seal) Iriii k. (Witness) Presi• -.nt Prin ipal `! • n NITED STATES, FIDELITY ' * GUARANTY C! PANY i• f1 ( ' (Seal) I&• j ,(0 . - (7- Ci,c,'.... By e Li.I (Witness) Attorney-in-Fact This bond is issued simultaneously with performance bond in favor of the Owner conditioned on the full and faithful performance of the Contract. s' I .S r- s,1 i i' ''� f.. r ,l` ,V. .o. -$ , l ` `^ ii °. :.ts.. s 4,7 t h. is ! ace,..�5�. ^e :s.. r} sf'44c+e+>irV^W r ss°•s.,v•.. y!�^r ' ',..:::: t,...,:.: �+..t..�..... .L%.. 5 h�' Contract 211-A (2-70) 0 a -p�� V . r -at II. §2 -. i Imo` f!'''',,,-- ' � !���R € >Q.f�',at.�^i+''� ' �{ � JS% Y k � c 1 A'rk¢ 1 R t'iCEli 3 :?i;• ,5 U(_. 'k ,?°M,A'a OE.:_Y AND CUNFEPS 1 I- N ?21 PIS"E NI ri r ,, EF' IFI TE NOES a NO AMENDS, X ,_VT": .,*. a_ C- yF..H€ ,-,YE-I, ...a _,ET'O .D.!. €.Y I E' POI.ICIE-- BELOW. Murphy/Alexander & Alexander P 0 Box 1204 CONiPANiES AFFORDING COVERAGE Green Bay, WI 54305-5204 coMPAN'- A The American Ins. Co. (Firemans Fund) LETTER COMPANY Continental Casualty Company , r: LETTER to INSURED ! Brienen Company, Inc. ANA 1027 Warren Street I .. Green Bay, WI 54303 I IMF.,��. O 'a=. ii E T-TF .I. „ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BE,OW t k r EC—EN ISSUED TO THE INSURED NAMED - br .d~ ABOVE FOR THE POLICY ICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OP ONI `i t F ' Y T 'P a ` s r" I, Rr WH 3 tHIS CERTIFICATE c RA „Y SS `e r )i2 MA,/ -�€ !, _, i¢.� ,,,, ,. 6,,.r a . ri 7r � ., tie F., .. _ :,1ricd. I c?le:Ir . 4,a rhs. ir_ -O.: .t 1-,...,...t... :[tiPm.. ..-,r ..,,,..-- ,. TIONS OF SUCH POLICIES. ‘' 1P-"..4't 31 N THOUSANDS E Rhh ,s y b GENERAL LIABILITY r I TT; n0 �} $ 500 ;$ 500 CoMrERkNS��,�FORM PREMSES/OPEFU+TLJNS RvPERTY- `L NOEOGROUN ' AGF 250 ° 250 E7P l5lDN II � APSE HAZARD i 1 , PRi U s C_MRI F IF,D OPFR.'ONS CCP2423183 6/1/85 6/1/86 IF' .i.!V,_iJ i b` L -t I NUEP_NDFNT CONTRACTORS — —._ _ r, B° AD FORM FRCPER■Y DAMAGI 1 -1EREJNAL INJURY PERSONA!. !`J_HY ,$ 50O , --- — AUTOMOBILE LIABILITY `` '' P'' x ANY AUTO Rs,', $ 1 I DVINED AJTGS'PRO. PASS; BUA2423182 6/1/85 6/1/86 x A L OWNED AUTOS(OTHER THAN) HIRED AUTO„ s}�urtRT; 1 j , 2s v(IN it ',,EC IiOS AMAGE $ I:ARATE LIABII,TY R.%PD ,MBNE D 1$ 500 — ----- — _ _ — EXCESS LIABILITY UMBRELLA FORM UMB2423184 6/1/85 6/1/86 E�. ;�E�II$ 1,000 $ 1,000 rE_, OTHER THAN UMBRELLA FORM l 298WC 80101 x+24 ,TAT JTOAY — A WORKERS' COMPENSATION 6/1/85 6/1/86 1$ 1000 .H CCIOLNT? AND i Wisconsin Benefits Only' ;$ 500, sF stPOUCY ,'� 1 EMPLOYERS' LIABILITY I r$ l OO '/I� SE flCN EMPEDY F :, IOTHER I { - DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS `` CERTIFICATE HOLDER CANCELLATION City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City Hall PIRATION DATE THEREOF. T. -UING COMPANY WILL ENDEAVOR TO 215 Church Avenue MAIL 30 DAYS WRITTEN Ni •a THE CERTIFICATE HOLDER NAMED TO THE ' LEFT,BUT'FAILURE TO MAIL ICE SHALL IMPOSE NO OBL I ATION 4BdiABiiiTY P.O. Box 1130 OF ANY KIND UPON THE CO 'A Y, ITS AGENTS OR REPRESEN _S Oshkosh Wisconsin 51+802 AUTHORI?t o REPRESEN ATIV 4 01-,.....46,, , it/ACORD 25(8184) © IIR/ACORO COR` *RATION 1984` I • NiO 1 0 N x ."t7 7z1 n n — co a co G U) o ff r• rr I-' ri o li • rn a 0• - (D 11 • a m N r• 7C J N T• o r• 0 U1 (D -1 (D (D r• 0 0 G N U G G m CI) rr (n 0 (.. r• (D 0' • `C G' r• C) 0 Cr) CD G P) 0 r- E a 'l 0 M x 0 H b `G N On . (D H r- 7C cn I-• E G 0 H• ct O H G (D P G H -CS ca 11 H G• rt (..71 O et l0 rr Cr) a uir• 11 A. 0 r• ..nrr G co CD o W Z A. '1 `C O 0 4 (.0 (D 0z •i — II 0 (D H J O+ a rr n w rr 0 • r- G' 0 C) G S G Cr H Cr r• 0 11 O C) Cu iq 0 rr 0 n . m 10 z NJ — NJ _s 3 J 1O O O tc1 H H o o o o t7 z o _. k l0 o Co Co N U) CI ■-3 'z] o A. 0 0 5U C 0 0 0 o Cli xJ CI Cd Cp 1-3 H H (I) r7 x CD 0 X N O H b 0 O C9 z Cs) Ul txi 1-3 H N 'y -' O, w E t7 :O ".b 7z) 01 7:10 XI u' a z0 CI C,7 a CV z C-4 CI CT) a, CI R. m a x C 1-3 1-3 a a a `< to z - k< m 1 tzi H t/ C m co \ � � C) N z G) ,\p t�0 -' 0 O n J C7 X 0 0 'n £ b z O O, O, N O C x — %h 'b a a s 11 tsi CI k.0 tl 0 ,C •-< 7r H z OD G C Cl) Cl) O• I - t/ n V' O `i a m ti to z 1m 4 co m H Z CI CI '-3 • Cd '< `•C '< H O (D (D (U N C7 or m m m m CO 0 z 1 ::i:. Ph' p' ss+ _� ._, :.�,......�5., 5.,. ,�,:,.�.1 rc ...d.- '?1.i+ :...' . 'L_____'rr% .�.u� ., : § rAw J FtpEUTY4MO gA UNITED STATES FIDEL-i ;,-- ARANTY COMPANY .__ : BID BOND _0 :jj '- � BOND NUMBER : J KNOW ALL MEN BY THESE PRESENTS: THAT Brienen Company, Inc. :a ; of Green-..Bay-,....W-i,scosasin :> , as Principal , and UNITED STATES FIDELITY AND `' ' -:_, GUARANTY COMPANY, a Maryland corporation,as Surety, are held and firmly bound unto City.....o.f...O§Il. Q �.a....W. iG.Q.ms.7ri t-==., :I ''!'A.F., , P ,,^ti IT O!° PA!•1:.> CP.vg 'S MAXIMUM ND , ;) 1 L: a 2 «.a+.w a.i`•11 -i" $'°Y� y'd.ii ♦- •j ( l as Obligee, in the full and just sum of '; r Dollars, E� j lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors„ =; administrators, successors and assigns, jointly and severally, firmly by these presents. ts:.: r;. WHEREAS, the said Principal is herewith submitting its proposal for refurbishing street light poles :j for the City of Oshkosh, Wisconsin, as advertised for June 27th, 1985. i:.. i1.,,,i;i;::;,,, I Ih' THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will,within the :3 ,C-=-</ time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of r 1i €� the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between :; the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work ; if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. ;=', _ Signed, sealed and delivered June 27, 1985 -; (Date) 'l Brienen Company, Inc. (SEAL) "" s —ad •d-C cek-, 6111- Itt 7^—/ ByalA"'--"---k . y„) .i)---\..--e........t.,...---- (sup . , ' • I-=•• UNITED STATES FIDELITY AND GUARANTY COMPANY ..,By.: - -71.. ✓4 i Attorney-in-fact I Contract 11 (Revised) (1-74) CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 89166 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Jeanie Hlinak of the City of Green Bay , State of Wisconsin its true and lawful attorney in and for the State of Wisconsin for the following purposes,to wit: To sign its name as surety to, and to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Jeanie Hlinak may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary,this 8t h day of December , A. D. 1978 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) 8 .... D. H. Meehan Vice-President. (SEAL) William J. Phelan (Signed) Assistant Secretary. STATE OF MARYLAND, ) 1} sa: BALTIMORE CITY, On this 8th day of December , A. D. 197 8 , before me personally came D. H. Meehan , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and William J. Phelan , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they,the said D. H. Meehan and William J. Phelan were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19 8 2 (SEAL) (Signed) Margaret M. Hurst Notary Public. STATE OF MARYLAND } Set. BALTIMORE CITY, William Allen , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hurst • Esquire,before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record,this 8th day of December , A. D. 19 7 8 (SEAL) (Signed) William Allen Clerk of the Superior Court of Baltimore City. FS 3 (6-77) .«, COPY OF RESOLUTION That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resolved, that this Company do,and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted,filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I, Theodore G. Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Jeanie Hlinak of Green Bay, Wisconsin authorizing and empowering her to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on June 27th, 1985 (Date) 4e1141...■ ?f Assistant Secretary. \��CD of osNKgs, c; PURCHASING DIVISION NOTICE TO VENDORS : 1 . We are submitting herewith for your consideration an invita- tion to bid on: REFURBISH STREET LIGHT POLES FOR CITY OF OSHKOSH 2. Bids must be addressed to Oshkosh Purchasing Division , P .O. Box 1130 , City Hall , Oshkosh, Wisconsin , 54902. Envelope shall show name of bidder, and must be plainly marked in the lower left hand corner "Bid forRefurbish Street Light Poles" 3 . Bids must be on file in the office of the Purchasing Agent no later than 10 : 30 a.m. , C .D.S .T . , Thursday June 27 , 1985 . Any bids received after that hour and date will not be opened and will be returned to 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 bid- der(s ) upon request of the Purchasing Agent , agrees to an ex- tension. 6 . Bids will be publicly opened and read at the hour and date above stated . Award , if any, will be made as soon thereafter as practical . 7 . A certified check , cashier 's check, or bid bond in the amount of 10% must 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 . Contract Surety: The successful bidder shall furnish a surety bond in an amount of at least equal to 100 percent ( 100%) of the contract price as surety for the faithful performance of this contract and for the payment of all persons performing labor and furnishing materials in connection with this contract . 9 . The City reserves the right to reject any and all bids and to waive any informalities in bidding. 10 . For specifications and further information concerning this invita- tion to bid , contact Donald La Fontaine , Purchasing Agent , Room 312 , City Hall or telephone (414 ) 236-5100 . PUBLISH: June 13 & 17 , 1985 William D. Frueh City Manager CITY HALL 215 CHURCH AVENUE P .O. BOX 1130 OSHKOSH ,WI 54902 GENERAL CONDITIONS SCOPE OF WORK AND BIDS The work that shall be done under this contract consists of furnishing all labor, tools, equipment, machinery, and all materials for the work covered by this contract. SITE INVESTIGATIONS AND REPRESENTATIONS The Contractor shall acknowledge that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labor, roads, and uncertainties of weather, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed to and during the prosecution of the work, and all other matters upon which information is reasonably obtainable and which can in any way affect the work or the cost thereof under this contract . ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof, or monies due or to become due hereunder, without the written consent of the Owner. No assignment of this contract shall be valid unless it shall contain a provision that the funds to be paid the Assignee under the assignments are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor for all persons. Firms or corporations need not be inserted if the assignment technically constitutes a novation, i.e., the assignees not only acquire the benefits under the contract but also assume the obligations thereunder in place of the assignor. CONTRACT SURETY The Contractor shall furnish a surety bond in an amount of at least equal to 100 percent of the contract price as surety for the faithful performance of this contract and for the payment of all persons performing labor and furnishing materials in connection with this contract . CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until GENERAL CONDITIONS Page 2 he has obtained all insurance required under this paragraph and such insurance has been approved by the City Clerk of the City of Oshkosh, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance requiredof the subcontractor has been so obtained and approved. a) Compensation Insurance: The Contractor shall take out and maintain during the life of this contract Worker's Compensation Insurance for all his employees employed for this project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all the latter's employees, unless such employees are covered by the protection afforded by the Contractor. In case the class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker ' s Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate insurance coverage for the protection of his employees not otherwise protected. b) Public Liability and Property Damage Insurarnog: The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by this contract from claims and damagess for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount no less than $100,000 .00 for injuries, including acci- dental death, to any one person, and, subject to the same limit for each person, in an amount of not less than $300 ,000 .00 on account of one accident and Property Damage Insurance in an amount of not less than $100,000 .00 . Any subcontractor not covered bythe Contractor's public liability and property damage Insurance shall carry Owner's Protective and Subcontractor ' s Liability Insurance in the same amounts. The Contractor shall be responsible for a subcontractor ' s carrying the insurance herein required . GENERAL CONDITIONS Page 3 c) Insurance Covering Special Hazards: The following special hazards shall be covered by a rider or riders to the Public Liability and/or Property Damage Insurance Policy or Policies herein elsewhere required to be furnished by this Contractor or by separate policies of insurance, in amounts as follows: Public Liability Property Damage Insurance Insurance Operations of $100,000 .00/300,000 .00 $50, 000 .00 Trucks & Auto The insurance coverage shall in all instances save, defend, indemnify, and hold harmless the City against any and all manners of claims, demands, liabilities, damages, or any other costs which may accrue in the protection of the work and shall save, defend, indemnify, and hold harmless the City from all damages caused by or as a result of the operations covered by this contract . No insurance shall be cancelled without notifying the Owner in writing thirty (30 ) days before such cancellation. See Contractor ' s responsibility for damaged work . PROOF OF CARRIAGE INSURANCE The Contractor shall furnish the City Clerk of the City of Oshkosh with satisfactory proof of carriage of the insurance required. Satisfactory proof shall consist of a duplicate or photostat copy of the certification of insurance. TERMINATION FOR BREACH In the event that any of the provisions of this contract are violated by the Contractor or by any of his subcontractors, the Owner may serve written notice upon the Contractor and his surety of its intention to terminate such contract, such notice to contain the reasons for such intention to terminate the contract, and, unless within ten (10) days after the serving of such notice upon the Contractor such violation shall cease and satisfactory arrangement for correction be made, the Contractor shall , upon the expiration of said ten (10) days, cease and terminate. In the event of such termination, the Owner shall immediately serve notice thereof upon the Contractor and his surety and the surety shall have the right to take over and perform the GENERAL CONDITIONS Page 4 contract, provided, however, that if the surety does not commence performance thereof within 30 days from the date of the mailing to such surety the notice of termination, the Owner may take over the work and prosecute the same to completion by contract for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any excess cost occasioned by the Owner thereby, and in such event, the Owner may take possession and utilize in completing the work such materials, appliances, and plant as may be on the site of the work and necessary therefor . OWNER'S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner after three days written notice to the Contractor and his surety may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment due the Contractor . REFURBISH LIGHT POLES CITY OF OSHKOSH , WISCONSIN SPECIFICATIONS 1 . Number of Poles : Approximately 216 (depending on bids received and 1985 budget appropriations ) . 2 . Poles are steel , ± 33 ' high, ornamental , with 6 ' mast arm with 20" high transformer bases on 200 poles . 3 . Location: With Transformer Bases North Main Street 78 South Main Street 40 Ohio Street 37 Oregon Street 45 subtotal 200 Location : without transformer bases Washington Avenue 11 Waugoo Avenue 3 City Hall 2 Total 216 4 . Procedure : A. Sandblast the bottom 8 ft . of every pole and where necessary up the remainder of the pole . B. Apply one coat of Pittsburgh Paint ' s rust inhibitive multi-prime . C. Apply one coat of Pittsburgh Paint , Industrial Enamel , Cafe Noir #Y7604 Ext . D. Successful bidder to exercise due care when sandblasting poles , because of the close proximity of buildings , cars , and pedestrians . All sandblasting will be done with regard to weather conditions and clean-up will be sufficent so as to not allow loosen debris to litter streets , sidewalks and buildings . E. Any obstruction of public right away shall be coordinated with the Department of Public Works . F. The successful bidder shall provide and maintain all items of protection including barricades , warning lights , and signs that may be required . A -- W) I 1 3, 94 t • PROPOSAL REFURBISH LIGHT POLES We , the undersigned , propose to refurbish Street Light Poles including labor & materials for the City of Oshkosh , Wisconsin per specifications for the following amount : 216 Poles (more or less ) $ 49 . 50 $ 10 , 692 . 00 each Total Paint to be used Pittsburgh Multi Primer- rust inhibitive and Pittsburgh Enamel Cafe Noir #Y7604 Ext . Work will commence in 3 days after award of contract . Will be complete in 14 working days Brienen Company , Inc . Nam of Compan //(/,� Lawrence G . Brienen � �• Name and title of person making out bid SUBMITTED BY: 1027 Warren Street Address Green Bay , WI 54303 City State Zip June 24, 1985 ( 414) -435-4744 Date Telephone NOTE: Certified check , bid bond , or cashier ' s check for 10% of the bid must accompany this proposal