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HomeMy WebLinkAboutOshkosh Northwestern Company 5/21/1984 CRY OF P.O.!OX 1130 OSHKOSH.WISCONSIN S49O2 CITY HALL I 215 CHURCH AVE. Purchasing Division NOTICE TO VENDORS: 1. We are submitting wherewith for your consideration an in- vitation to bid on: THE CITY OF OSHKOSH; OFFICIAL CITY NEWSPAPER 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 for City Newspaper" . 3 . Bids must be on file in the office of the Purchasing Agent no later than 12 :00 Noon. C.D.S .T. . Tuesday May . 1 . 1984 • Any bids received after that hour and date will not be opened and will be returned to the 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 diys following bid opening date , unless the bidder(s ) upon request of the Purchasing Agent , agrees to an extension. 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. Although no certified check , cashier 's check , or bid bond must accompany the proposal , if the bid is accepted, the bidder must file a performance bond and file the proper contract within ten working days after award by the Common Council and receipt of the contract form for signature . 8 . The City reserves the right to reject any and all bids and to waive any informalities in bidding. 9 . For specifications and further information concerning this invitation to bid, contact Donald La Fontaine , Purchasing Agent , Room 312 , City Hall or telephone (414 ) 236-5100 . William D. Frueh City Manager PUBLISH: April 9 , 1984 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 furnish a performance bond, for the ensuing year at the following rates : COUNCIL PROCEEDINGS G per standard line for straight matter C per standard line for tabulated matter LEGAL NOTICES , IMPROVEMENT NOTICES , REPORTS , ORDINANCES AND ALL OTHER LEGAL NOTICES AND REPORTS First Insertion: C per line for straight matter C per line for tabulated matter Subsequent Insertions : G per line for straight matter C per line for tabulated matter DISPLAY ADVERTISING C per line Name of Company PROPOSED BY: Person making out this bid 1984 Date Address City and State 4n/0 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 of Milwaukee, Wis. a corporation organized and existing under the laws of the State of Wisconsin with 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. 10th Whereas, the Principal has entered into a certain written contract with the Obligee, dated the day of May 19 84 to May 10, 1985 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 sha'i 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 be 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 ;,., 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 c-T,7leted by the Principal, .Surety Obligee; but if mere is any rnatnten:.nce o; guarantee period .,cc; in the coutraet :or which said Surety is liable, an action for maintenance may be brought wit:ain three (3) months from the exniration of the maintenance period. but not afterwards. Signed and sealed this 10th day of May A. D. 19 84 Oshkosh Northwestern Company (Seal) Principal Northwestern National Insurance Company of Milwaukee, Wisconsin (Seal) surety By • m Attorney -in- ae F & S 1069 >t i • NORTHWESTERN NATIONAL INSURANCE COMPANY or MILWAUKEE.WISCONSIN HOME OFFICE: 731 NORTH JACKSON STREET/P.O.BOX 2070/MILWAUKEE,WISCONSIN 53201/PHONE(4141 765-8444 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a Wisconsin stock insurance corporation,does make,constitute and appoint: S. J. Smith, Milwaukee, Wisconsin 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 9th day of June , 19 - Nom, N RTHWESTERN NATIONAL INSURANCE COMPANY �.... , , :y OF MILWAUKEE,WISCONSIN MKWAUBEE?=� c\--/444446,.. WIS. A42- Ass't. Secretary Vice President STATE OF WISCONSIN,COUNTY OF MILWAUKEE—ss On this 9th day of June , 19 83 personally came before me, nnna 1,r1 T. RoweD 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. ...9'-. :•� IMO,' ;a? Notary Public ,.E.........: 'ar: 2/10/8•••.�F Wig'` My Commission Expires 5 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. �titi Signed and sealed at the City of Milwaukee thisl°th day of May 19 84 0.1 OF :chi •MRWAUNEE 1,4 day+c�^••-•••:o°> Harold C. Rec d Assistant Secretary n �9_,= aliEl NORTHWESTERN NATIONAL Insurance Company MILWAUKEE, WISCONSIN PERFORMANCE & PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: , i �; c',_.' rJ , .,L That, Oshkosh Northwestern Company ' `'`' ' as Principal, hereinafter called the Principal, and Northwestern National Insurance Company of Milwaukee, Wis. a corporation organized and existing under the laws of the State of Wisconsin with its principal office in Milwaukee, Wis. , 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 10th day of May 19 84 to May 10, 1984 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 be 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 it 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 th• p..pirat n., .,f the maintenance period; but not afterwards. Signed and sealed tbsth day of May A. D. 19 84 1. / Oshkosh Northwestern Company (Seal) Principal NORTHWEST ERN NAT IONAL INSURANCE COMPANY OF MILWAUKEE,, WISCONSIN (Seal) Surety jJ B / - ,—/ • J. t Attorney "'1nraet t F & S 1069 NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE.WISCONSIN 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 NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a Wisconsin stock insurance corporation,does make,constitute and appoint: S. J. Smith, Milwaukee, Wisconsin 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,o.r 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 9th day of June , 19113._. NIRTHWESTERN NATIONAL INSURANCE COMPANY T" "f�� 9N~` .I OF MILWAUKEE,WISCONSIN OF y i.011-WAUKEE iy ...cv74.4.4.4.1e. / (A.,11/6.Z..... /;,oN WIS:oAlii �� ` G'L `h,AHa rte-" �� /O7/ Vice PreS I tlEnt Ass't. Secretary \ Vice STATE OF WISCONSIN,COUNTY OF MILWAUKEE—ss On this 9th day of June , 19 83 personally came before me, Tlnna 1 r1 T. RoT.Ten 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. :*: •fi e .:\•ueu. "` Notary Public ''•ter''. ...:Fora. 210/85 •BP.F;�,�s`,. My 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 forrce. ? `•1°•R::<�a, Signed and sealed at the City of Milwaukee thisOth day of May = , 19 84, pit/ OF -;�}. s MILWAUKEE i ��-- Z1N + vAS. ,e y,1^N ,, Assistant Secretary Harold C. Rec d 11736112-82) y ,, to The Northwestern yo ==, t published by the 1 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 April 10, 1984 Mr. Donald LaFontaine Purchasing Agent Room 312 P.O. Box 1130 Oshkosh, Wisconsin 54901 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/BtSHKOSH NORTHWES ERN / f1 �. / Russell F. SprUng 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 furnish a performance bond, for the ensuing year at the following rates : COUNCIL PROCEEDINGS 61 .3 c per standard line for straight matter (6 pt . : utura. Type ) 78. 8, per standard line for tabulated matter ( 6 pt . Future Typ LEGAL NOTICES , IMPROVEMENT NOTICES , REPORTS , ORDINANCES AND ALL OTHER LEGAL NOTICES AND REPORTS First Insertion: 61 .-1 G per line for straight matter ( . 6 Pt T'tztura Type) 7%8 per line for tabulated matter ( 6 pt . Futura i''ype ) Subsequent Insertions : 48 .3 C per line for straight matter ( 6 pt future type ) 62.1 C per line for tabulated matter ( 6 �{ futurr_ typo ) DISPLAY ADVERTISING inch 5.80 per J/We * slay advettismonts are not covered by legal rates est^blished by law. Mese are charged at our non-profit rate of 5c30 per column inch. (141ines ner inch) Current rate card applicable 0sh osh n rthwesternomparny Name f Company r A PROPOSED BY: Russell F. Sprung ,/ . Person making out this bid ' aril 10 1984 224 State Street Date Address Oshkosh , isconsin, 5+901 City and State AGREEMENT THIS AGREEMENT made and entered into this May 21, 1984 by and between OSHKOSH NORTHWESTERN COMPANY , Oshkosh, Wisconsin ,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 May 17, 1984, 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 and publication of Council Proceedings and other City 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 spec: f:ftat; ons 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 Exhibit A) , upon presentation of a proper voucher, and delivery and acceptance by the City in conformity on said specifications and bid. AGREEMENT: OSHKOSH NORTHWESTERN COMPANY: Page 2 IN WITNESS WHEREOF, the parties hereto have caused this agreement 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 4-''';V:1/20:01( 1- BY: �, Signature of the sole pro- Ca i , ' v Chia.: prietor , or name or corporation o partners i• \ /)1 resident T, Secretary ! 1 -) (`, CITY OF OSHKOSH A ---/ A 4 pr Will 'am D. Frueh, City ter ,: __._t,_ I r And: Ma ii _' l2 u)2 1-L�, ' Donna C. Serwas, City Clerk Appro vd as to ' and e ecution: I hereby certify that the necessary provisions have &vG` 'G - been made to pay the lia- Warren P. KrafV, bility that will accrue Asst. City Attorney er this Contract . EDWARD A NOKES , City Comptroller OSHKOSH NORTHWESTERN COMPANY Oshkosh, Wisconsin 54901 (Publishers of the OSHKOSH DAILY NORTHWESTERNO (FOR COUNCIL PROCEEDINGS) 61.3e per Standard line for Straight matter 78.8e per Standard line for Tabulated matter FOR LEGAL NOTICES, IMPROVEMENT NOTICES, REPORTS , ORDINANCES AND ALL OTHER LEGAL NOTICES AND REPORTS first 2nsertion: 61.3w per line for Straight matter 78.8w per line for Tabulated matter Subsequent Insertions: 48.3e per line for Straight matter 62.1e perline for Tabulated matter DISPLAY ADVERTISING 5.80 per inch - current rate card applicable EXHIBIT A