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GENERAL PROVISIONS
1. Proposals shall be submitted on the sheets provided by the City of Oshkosh
and proposals not submitted on those forms will be considered irregular and
will not be read.
2. Unless stated otherwise in the specifications, all equipment or commodities
shall be new and the manufacturer's current model , complete with all standard
equipment and accessories.
3. Full identification of equipment or commodities quoted upon, including
brand, make, model , catalog identification number (if any) , and descriptive
literature where possible, must be furnished with the bid as an aid in
checking the bid against specifications. If the item bid varies in any way
from these specifications, special mention must be made of such points or
it will be understood that the bidder proposes to meet ,all details of the
specifications.
4. Unless stated otherwise in the specifications, all prices shall be F.O.B.
Oshkosh, Wisconsin, stated destination, with all Federal Excise and Wisconsin
Sales taxes deducted. The City of Oshkosh is exempt from these taxes and
will furnish proper exemption certificate, if requested by the successful
bidder.
5. If a warranty applies, the bidder shall state the conditions of warranty.
6. When requested in the specifications, the bidder must state the nearest
location were parts and repair service will be available.
7. Delivery date must be stated in realistic terms to enable the bidder to
adhere to them.
8. Indicate your terms of payment. The City of Oshkosh pays invoices on the
first and third Thursday of the month.
9. If there are several items in the bid, the City of Oshkosh reserves the
right to accept separate items or to award the total bid to one supplier,
whichever is in the best interest of the City. If you bid is qualified in
this respect, clearly state whether your bid is for "all or none" or to
what extent it is qualified.
10. If there is a trade-in, the City of Oshkosh may elect to accept the bid
with trade-in or without trade-in, whichever is in the best interest of the
City.
11 . Equipment or items must conform to all applicable Federal Occupational
Safety and Health Act provisions.
12. If two or more bidders submit identical bids and are equally qualified, the
decision of the City to make award to one or more of such bidders shall he
final . Selection shall be made by drawing lots. Cash discounts, when 10
days or longer are allowed will be considered.
SPECIFICATIONS
LEASE OF TRANSIT VEHICLE TIRES
1 . GENERAL CONDITIONS
a. All materials used in the manufacture of the tires furnish-
ed under this bid shall conform to all U.S . Government ,
State of Wisconsin laws and regulations , and likewise the
manufacturing of the tires furnished shall conform to all
Federal , State , and local laws and regulations .
b. No advantage shall be taken by the Lessor or his Sublessor
in the ommission of any part or detail which goes to make
the tires complete and ready for service .
c . The Lessor shall assume responsibility for all material and
accessories and warranty used in the furnishing of tires ,
whether the same is manufactured by the Lessor or purchased,
ready-made , from a source outside the Lessor 's company .
d. At present , The City of Oshkosh Transit System is leasing
all mileage tires from Goodyear Tire & Rubber Company . If
the successful bidder is not Goodyear Tire and Rubber Co . ,
Oshkosh Transit reserves the right to "run out" existing
tires over the next thirty-six (36 ) months . It is expected
but not guaranteed that the successful bidder ' s tires will
be applied immediately after the bid has been awarded.
2 . PRICE FOR LEASE OF TIRES
The price quoted shall be stated on a per mile basis for the fur-
nishing of six (6) tires per vehicle . The same price per mile
shall also apply to mileage accumulated by recapped tires , if
any.
3 . RECORDED KEEPING
a. The lessee shall keep all records of tire transfers , tire
mileage , and such other records necessary or required .
b. The Oshkosh Transit System will keep the mileage record of
each bus and shall furnish the Lessor with a list of each
vehicle together with the monthly mileage for each vehicle at
the end of each and every month during the term of the con-
tract and such report or record will be used by the Lessor in
computing the monthly statement .
4 . TIRES FURNISHED
a. Tires furnished shall be new and all tires furnished shall
meet all Federal and State laws and regulations . Tire(s)
found to be defective , either upon delivery or during normal
operation , will be returned by the City to Lessor at Lessor ' s
expense .
Page 2
Specifications
Transit Tires
b. Recap tires and regrooved tires may be used on only the
rear axle of transit vehicles and such recap tires used
shall be properly mated and in a condition suitable to
Oshkosh Transit and such recaps shall comply with all Fed-
eral and State laws and regulations .
5 . BONUS
In the event the Lessor proposes a bonus arrangement , the pro-
posal shall give full details for the computation of such bonus .
Each bidder should establish bonus points based on their own
forcast average .
6 . DELIVERY
a. All tires furnished for use by the Company shall be deliver-
ed to the City of Oshkosh Transit System and all freight or
delivery charges shall be paid for by the Lessor .
b . The Lessor shall furnish adequate spare tires for the proper
upkeep and maintenance of the tire program .
7 . STORAGE OF SPARE TIRES
The City of Oshkosh Transit System will furnish adequate stor-
age and work space for the storage and maintenance of tires
used on its vehicles .
8 . PATENTS
The Lessor shall agree to save , keep ,bear harmless and fully
indemnify the Lessee and all its employees or agents from all
damages , costs , or expenses in law and equity, that may at any-
time arise , or be set up , for any infringement of the patent
rights of any person or persons in consequence or the use by the
Lessor or by any of its employees or agents , of articles sup-
plied under his proposal or contract arising from bids submit-
ted and of which the Lessor is not lawfully entitled to lease
or sell . The Lessee will give to the manufacturer prompt no-
tice in writing of the institution of any suit or proceeding and
permit the Lessor , through his counsel , to defend same and will
give all needed information assitance and authority to enable
Lessor to do so .
9 . TITLES TO TIRES AND TIRE EQUIPMENT
Ownership and title to the leased tires shall remain with the
Lessor .
Page 3
Specifications
Transit Tires
10 . NON DISCRIMINATION
a. The supplier or subcontractor will not discriminate against
any employee or applicant for employment because of race ,
color , religion, sex or national origin. The contractor will
take affirmative action to insure that applicants are employ-
ed, and that employees are treated during employment without
regard to their race , color , religion, sex or national origin.
Such action shall include , but not be limited to the follow-
ing employment , upgrading, demotion or transfer , recruitment
or recruitment advertising ,layoff ,or termination, rates or pay
or other forms of compensation, the selection for training,
including apprenticeship . The supplier or subcontractor agrees
to post in conspicuous places , available to employees and app-
licants for employment , notices setting forth the provisions
of this non-discrimination clause .
b. The supplier or subcontractor will comply with all provisions
of Executive Order 11246 of September 24 , 1965 , and of the
rules , regulations , and relevant orders of the Secretary of
Labor .
c . The supplier or subcontractor will furnish all information and
reports required by Executive Order 11246 of September 24 , 1965,
and by the rules , regulations , and orders of the Secretary of
Labor , or pursuant thereto , and will permit access to his books ,
records , and accounts by the contracting agency and the Secre-
tary of Labor for purposes of investigation to ascertain comp-
liance with such rules , regulations , and orders .
d. In the event of the supplier ' s or subcontractor ' s noncompl-
iance with the non-discrimination clauses of this contract or
with any such rules , regulations , or orders , this contract
may be cancelled , terminated, or suspended in whole or in part
and the contractor may be declared ineligible for further Gov-
ernment contracts in accordance with procedures authorized in
Executive Order 11246 of September 24 , 1965 , or by rule , reg-
ulation, or order of the Secretary of Labor , or as otherwise
provided by law.
11 . SAFETY CERTIFICATION
a. The bidder will furnish written certification that the tires
furnished under the contract will comply with all Federal ,
State and local laws and regulations .
12 . DESCRIPTION OF VEHICLES
a. Following is a description of the transit vehicles presently
in service :
Page 4
Specifications
Transit Tires
Number of units Description & year Model Tire Size
14 GMC RtsII-1980 11 .50 x 20
12 GMC-1960-1963 11 .50 x 20
b . The City of Oshkosh Transit System may be purchasing additional
vehicles during the term of this agreement . The Lessor will
be required to provide tires for these new vehicles in accord-
ance with this agreement , at a proportionate rate and bonus
point .
13 . TIRE CONTRACT
a. The City of Oshkosh Transit System will award the tire lease
contract to one (1 ) supplier and tires of that supplier shall
be used on its vehicles during the term of the contract , how-
ever , the City reserves the right to test special mileage com-
mercial tires other than the Lessor ' s on not more than five
(5%) percent of its fleet.
b . The term of the contract to be awarded will be for a period of
three (3) years beginning April 30 , 1985 .
14 . REMOVAL OF BUSES FROM SERVICE
a. If the City decides to permanently dispose of or remove from
service certain parts of or all of its fleet or equipment it
will give 30 days prior written notice to the Lessor .
b. If the City does remove or sell certain buses equipped with
Lessor ' s tires , such tires will be removed and used on other
City buses , or the Lessee may sell the tires to any person or
company at a price satisfactory to the Lessor .
15 . LOSS AND ABUSE OF TIRES
a . If any tires are lost or stolen from buses or garages , or
are damaged or destroyed by fire , collision or accidents
(other than cuts , bruises , etc . encountered in normal oper-
ation) , the City will reimburse Lessor for such tires by pay-
ing for any mileage remaining thereon at the rental rate
in effect . The remaining mileage will be computed by ascer-
taining the average tire mileage for the last twelve ( 12 )
month period less the accumulated mileage on the damaged tire ,
the remainder of which will be divided by six (6) to determine
the unrun mileage .
b . If the Lessee injures or abuses tires through carelessness ,
curbing , running flat , improper use or application of tire
chains , improper wheel alignment , improper adjustment of brakes ,
Page 5
Specifications
Transit Tires
defective rims or defective wheels or otherwise , Lessee
will reimburse Lessor by paying for any mileage remaining
thereon at the rental rate then in effect . The unrun mile-
age will be computed as set forth in Paragraph A or Section
15 above .
16 . TAXES
The City of Oshkosh Transit System is exempt from payment of
Federal Excise Taxes and State Property and Use Taxes . These
taxes shall not be included in bid proposals , and further , these
taxes shall not be charged to the Lessee when new tires or tubes
are delivered for use by the Lessee .
17 . ESCALATOR
If the bidder proposes an escalator clause , it shall be agreed
upon by the City before award of the contract , as well as a
cancellation clause .
18 . PROJECTED ANNUAL MILEAGE
The projected annual mileage for the fleet is 600 ,000 miles .
19 . SERVICE PROVIDED
a. Lessee will make all wheel changes to and from coaches in
the transit garage during the hours its servicemen are avail-
able , mount , and dismount tires from rims , repair all tubes
and supply all equipment and materials necessary to perform
such service .
b . Lessee will keep on hand a sufficient number of spare tires
and mounted tires on buses , so that Lessee , at all times , may
have satisfactory stock of tires to insure continuous oper-
ation of its buses .
20 . TIRE TYPE
Tires furnished shall be special Transit Mileage Tires , capable
of being recapped. 11 .50 x 20 tires shall be twelve ( 12 ) ply
load range G.
PROPOSAL
LEASE OF TRANSIT VEHICLE TIRES
The undersigned hereby agrees to furnish Transit Mileage Tires to
The City of Oshkosh Transit System on a lease basis in accordnace
with the specifications , from April 30 , 1985 to April 29 , 1988 ,
for the following amount :
Mileage Rate Per Vehicle Mile Rts II $ _
Mileage Rate Per Vehicle Mile GMC $ _
Description of Lease & Service : _
Terms :
Delivery Time for Tires : _
NAME OF COMPANY
NAME OF PERSON SUBMITTING BID
SUBMITTED BY: TITLE OF PERSON SUBMITTING BID
ADDRESS OF COMPANY
1985
DATE TELEPHONE
PROPOSAL
LEASE OF TRANSIT VEHICLE TIRES
The undersigned hereby agrees to furnish Transit Mileage Tires to
The City of Oshkosh Transit System on a lease basis in accordnace
with the specifications , from iT PC YWANXX X B
for the following amount : May 1, 1985 through April 30, 1988
TIRE
Mileage Rate Per XXIiX XN Mile Rts II $ . 003107 (11 . 50x20)
TIRE
Mileage Rate Per Y XXKIN Mile GMC $ . 003107 (11 . 50x20)
Description of Lease & Service : Please see Memorandum of Agree-
ment . with Exhibit A and Option, attached hereto and made a par:I
hereof. _
Terms : Please see above .
Delivery Time for Tires : 30 days
THE GOODYEAR TIRE & RUBBER COMPANY
\ NAME OF COMPANY
ATTEST 74' _ ..._�
AS', STAN SECRETARY NAME OF 80N! SUBMITTING BID
(' SUBMITTED BY: PERSON SUBMITTING BID -
1144 EAST MARKET STREET, AKRON, OH 44316-0001
ADDRESS OF COMPANY
1985 216/796-4678
DATE TELEPHONE
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MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT made and entered into at Akron, Ohio this 25th
day of March 1985, by and between City of Oshkosh, a municipal
Corporation, Winnebago Co. ,WI ("Operator,") and THE GOODYEAR TIRE & RUBBER
COMPANY, a corporation of Akron, Ohio, ("Goodyear") .
1. Goodyear will furnish Operator tires for use on buses for the
remuneration and under the terms and conditions set forth below;
except that Operator may use separate and apart from this agreement,
until unfit for further service, tires in Operator's possession when
this agreement becomes effective and not furnished by Goodyear under
any similar mileage contract previously in effect between these
parties.
Operator agrees to use exclusively tires furnished by Goodyear on
buses operated by Operator in Oshkosh, Wisconsin and the vicinity.
Operator may utilize up to a maximum of 5% of its fleet, for test
purposes, on tires of other manufacturers.
It is understood that a tire means a casing, tube and flap for a tube
type tire, and a casing only for a tubeless tire; and a bus means any
vehicle of seven or more passenger carrying capacity, designed for
operation on pneumatic tires and used publicly for the transportation
of passengers.
The number of tires to be furnished pursuant to this Agreement shall
be sufficient to keep all buses fully equipped and to provide a
reserve supply to be mounted on rims and kept in Operator's garage for
use in case of emergency. Buses operating under this agreement shall
be equipped with the sizes and types of rims of sufficient strength to
permit inflation necessary for the load carrying capacity required and
spaced to conform to the approved standards of The Tire & Rim
Association of America, Inc.
The parties recognize in the event that, at the commencement of this
agreement or subsequently, Goodyear purchases tires from Operator
manufactured by a firm other than Goodyear, such tires will be
included among the tires leased to Operator under this Agreement.
Operator agrees that Goodyear is not responsible for the performance,
design, manufacture or suitability for use of such purchased tires,
and Operator agrees to refer all claims, suits or judgments arising
out of the use of such tires to that manufacturer, and not to
Goodyear.
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2. BUS MILEAGE REPORTS AND INDIVIDUAL TIRE MILEAGE RECORDS
Operator shall keep an accurate record of the number of miles run by
each bus during the term of this agreement and render to Goodyear a
report of such mileage on each bus prior to the 15th day of the month
following the month the miles were run.
The number of miles run by each bus shall be determined either by
means of an instrument which will accurately record mileage being run
on each bus, or by multiplying the number of trips of each bus by the
number of miles over the route it is driven and adding all
miscellaneous mileage that may be run to and from the routes, such as
in testing buses and instructing drivers. If the latter method is
used, Operator shall furnish Goodyear a schedule of the established
routes covered by its buses and shall advise Goodyear of any changes
in such routes or any additional routes covered.
The recording instruments and/or mileage records referred to shall be
open at all times for inspection by Goodyear's representatives.
Operator agrees to supply Goodyear on a weekly basis all information
on tire changes and vehicle tire inventory requested to enable
Goodyear to maintain any record of individual tire mileage kept by
Goodyear.
3. PAYMENT
Operator shall pay Goodyear on or before the twenty-fifth of each
month for the mileage run on the tires furnished during the month
immediately preceding at the effective rate per tire mile for vehicles
as shown in the schedule attached to this agreement, marked Exhibit
"A". A separate rate and bonus point shall apply to any other
make/model buses not shown on Exhibit "A." placed in operation by
Operator during the term of this agreement or one requiring a
different size and/or construction type of tire. Operator is required
to supply a financial statement to Goodyear on an annual basis at
Operator's fiscal year end.
4. ADDITIONAL BUSES
If Operator shall acquire by purchase or otherwise additional buses,
Operator agrees to acquire such buses less tires giving Goodyear ample
notice of such acquisition, and further agrees to arrange to have such
buses equipped with Goodyear mileage tires of sufficient carrying
capacity to conform to the approved standards of The Tire & Rim
Association of America, Inc. Such tires shall then be included under
this agreement. If such buses equipped with tires furnished by
Goodyear shall be driven overland during delivery, Goodyear shall
receive payment at the mileage rate specified for use of the tires.
5. TITLE TO TIRES AND LIENS ON BUSES
Title to all tires furnished shall remain at all times in Goodyear, and
upon purchase by Operator in accordance with Article 16 shall continue
to remain. in Goodyear until it shall have received full payment of all
sums owing to it by Operator under the terms of this Agreement.
Operator will hold Goodyear harmless against any claim on Goodyear's
tires made by any holder of a lien on any buses on which Operator uses
such tires. Operator agrees to keep Goodyear advised concerning any
of such liens and will give Goodyear any and all information which
Goodyear may request.
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6. POSSESSION AND CANCELLATION
Should Operator breach the terms of this Agreement through
non-payment, non-payment on total amount due at termination, impaired
credit standing, assignment for the benefit of creditors, non or
erroneous reporting of miles run, or is placed in receivership or
adjudicated bankrupt, then, under each or all of the above conditions,
Goodyear shall have the right, at its option, without prejudice to any
other rights and remedies, to stop shipping tires, take possession of
inventory, whether or not they are applied on vehicles, without being
deemed guilty of trespass, and bill Operator for all costs of removing
tires and/or terminate this Agreement in accordance with Article 16.
Should Goodyear exercise any of the above options, Goodyear shall be
relieved from any further obligation under this Agreement. However,
the above shall not relieve Operator from his obligation to pay for
the use of the tires furnished or from his liability for all damages
caused by such breach.
Failure on the part of Goodyear to exercise any or all of the above
options upon default by Operator as herein provided shall not
constitute a waiver by Goodyear of its right to exercise any or all of
the above options upon any subsequent default by Operator.
7. TAXES
In addition to the effective mileage rate the Operator, from time to
time or at Goodyear's option by way of increase of the effective
mileage rate, shall pay Goodyear an amount to compensate for the curre t
Manufacturers Excise Tax under the U.S. Revenue Act of 1932, as amend d,
and for any sales, excise, use, processing or similar tax imposed upon
the goods sold or service rendered, or upon the manufacture, sale or
delivery or whenever any tax, excise, levy, law, or governmental
regulation shall have the effect directly or indirectly of increasing
the cost of manufacture, sale or delivery of such goods or service.
Operator is to furnish tax exemption certificates and will be exempt
from all taxes covered. The Operator will be responsible for all
property taxes on the tires, making any required listing for taxation
in its own name as Bailee.
8. DAMAGE TO PERSONS OR PROPERTY
Operator will indemnify and hold Goodyear harmless against all claims,
action or causes of action for damage or injury arising out of the use
of or possession of any tires furnished hereunder, except for any
claims, action, or causes of action arising solely out of a defect in
material or workmanship of any tire manufactured and furnished by
Goodyear under this Agreement. Operator will hold Goodyear harmless
and indemnify Goodyear from lawsuits, claims, or damages by Operator,
its employees or third parties arising out of the use by Operator or
its employees of tire equipment supplied by Goodyear.
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9. CONTINGENCIES
1 Goodyear shall be excused from deliveries or delay in deliveries if
such failure to deliver or delay shall be caused by war, strikes,
lockouts, fires, interruptions of transportation facilities,
accidents, inability to obtain merchandise, shortage of energy source
or raw material, or other similar causes beyond Goodyear's control.
This agreement is expressly subject to applicable restrictions imposed
by any Federal agency or by any other governmental authority.
10. SERVICE
Operator agrees to apply to, remove from, and remount on rims or
wheels tires furnished and to perform all other tire service,
including regrooving and repair of flat tires, as required to keep
them in proper operating condition. Goodyear will provide necessary
repair materials and valve hardware. Operator will install and
maintain in its garage suitable facilities for the inflation of tires
aid will hecp said tires inflated to conform to the approved standards
of the The Tire & Rim Association of America, Inc. Operator will
determine at all times when tires are to be removed from vehicles.
Goodyear shall have the right to make the determination as to the
fitness for return to service of a particular tire or tires provided,
however, Operator shall not be obliged to use tires which, because of
their condition, interfere unreasonably with the use and operation of
buses. All tires determined by Goodyear to be permanently unfit for
further service shall be returned to Goodyear promptly by the
Operator.
11. USE, CARE AND STORAGE OF TIRES
Operator agrees to provide a safe and suitable place in an enclosed
building for the storage of spare tires and tires unfit for further
service so that such tires shall not be subject to damage by the
elements; to either keep each bus equipped with at least one properly
inflated spare tire or provide adequate road service for its fleet;
and to pay Goodyear the amount of any damage or loss resulting from
accident, fire, adverse mechanical conditions, improper or negligent
use, loss, theft, or fraudulent conversion of said tires, or from the
operation of a bus with an underinflated or flat tire. The value of
tires for the purpose of determining the amount of any damage or loss
under this Article 11 shall he determined by subtracting from the
higher amount of either (a) net average mileage secured from similar
tires (nonretreaded or retreaded, as the case may be) normally and
permanently removed from service during the past twelve months or (b)
the applicable current minimum mileage for bonus qualification for
nonretreaded or retreaded tires, the mileage run by the particular
tire prior to such damage or loss and multiplying the difference,
representing unused mileage on the tire by the tire rate in effect.
Payment for extra tubes shall be made at Goodyear's current printed
list price, less 50%.
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12. SALE OR DISPOSITION OF BUSES
If Operator sells or in any manner disposes of any buses, which shall
have been equipped with tires supplied under this agreement, or if for
any reason Operator shall discontinue its business, or discontinue the ,
use of any such buses, Operator shall purchase the unused mileage in
each tire (including spares) at prices to be computed as set forth in
Article 11 , plus the amount of any tax or excise applicable to such
sale.
13. LEASED BUSES
Operator represents and warrants that it owns outright all buses
comprising the fleet operated by it. If during the term of this
Agreement, including any amendments and extensions, Operator acquires
the right to operate any buses not owned by it, pursuant to a rental.
or other arrangement with the owner of such buses (called "Leased
Buses") , Operator agrees (a) to notify Goodyear of the existence and
1 details of such arrangement, (b) that all Leased Buses will be
furnished to Operator by the owner without tires so that they may be
operated by Operator equipped with tires furnished by Goodyear to be
supplied under this Agreement, and (c) to obtain from the owner an
agreement acceptable to and for the benefit of Goodyear, whereby the
owner acknowledges Goodyear's ownership and right to possession of all
tires supplied by it and waives any and all rights by virtue of their
use on Leased Buses or otherwise. Contingent upon obtaining such
agreement from the owner of Leased Buses, they shall be subject to all
the terms and conditions of this contract to the same extent as buses
owned by Operator. In case Operator surrenders or otherwise loses
possession of any of the Leased Buses equipped with tires supplied by
Goodyear, Operator shall purchase each tire (including spares) as
provided with respect to buses sold by Operator. The term "Leased
Buses" shall not apply to any bus rented or borrowed for temporary use
for a period not to exceed 120 days.
14. RATES AND ESCALATION
On all mileage run on and after. May 1, 1985 and prior to November 1,
1985, the rate(s) per tire mile shall be as follows:
$.003107-A 11.50-20
Such tire rate(s) shall be referred to as Basic Rate(s).
On November 1, 1985 and on the first day of each May and November
thereafter during the term of this agreement, the mileage rate effective
during the next ensuing six-month period shall be determined by the
followieg computation:
a. The average daily closing spot market price per pound for #1
smoked ribbed rubber sheets, on the Commodity Exchange, Inc. , New
York City, shall be determined for the six calendar months
immediately preceding the computation date. To determine the
percentage of increase or decrease to the Basic Rate(s) , compute
the difference between such average and $.43 per pound, then
multiply this difference by a factor of .36.
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b. The average market price per pound of high tenacity nylon tire yarn
shall be determined for the six calendar months immediately
preceding the computation date. To determine the percentage of
increase or decrease to the Basic Rate(s) , compute the difference
between such average and $1 .78 per pound, then multiply this
difference by a factor of .05.
c. With respect to any period during which the price for such rubber
or nylon tire yarn shall be fixed under order of any governmental
agency, such fixed price shall be substituted in the computation or
computations for the above prices.
d. If the average hourly wage rate for the preceding six-month period
shall be more or less than $17.096 per hour, the Basic Rate(s)
shall be increased or decreased by adding to or subtracting from
the Basic Rate(s) the per tire mile factor, multiplied by the
change in the average hourly wage rate. The per tire mile factor
shall be determined by dividing the following by the preceding
six-month average mileage of tires permanently removed from service
from those vehicles.
13.83-A
In the event insufficient tires are permanently removed from
service during the preceding six-month period, the per tire mile
factor shall, be determined by dividing by the following:
85,000-A
The average hourly wage rate shall be the annual average hourly
rate of factory employes in the Tire and Tube Division of
Goodyear's factories, including all applicable public or private
employe benefits.
15. BONUS ACCOUNTINGS
On November 1, 1985 and at the end of each succeeding six-month period
bonus accountings on Goodyear tires shall be made as follows:
Should the average mileage delivered by all other tires furnished,
which have been permanently removed from service during the six-month
period immediately preceding accounting date, exceed 85,000 miles for
nonrecapped tires or 43,000 miles for recapped tires, then, with respect,
to any tires removed from service, Goodyear shall issue a credit
memorandum to Operator in an amount equal to 50% of the current rate per
tire mile, less service (on a per wheel basis) , for all miles run in
excess of the above mileage requirements.
Tires removed from service under Articles 11 or 12 shall not be
included in such accountings or computations.
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16. TERM OF AGREEMENT AND DISPOSITION OF TIRES AT TERMINATION
This Agreement shall become effective on the 1 day of May, 1985, and
terminate on the 30 day of April, 1988. At such termination date,
unless the parties enter into a new mileage Agreement to become
immediately effective, Operator will, within 30 days after submission o
statement by Goodyear, pay for the unused mileage in each remaining tir
and tube furnished for service at prices to be computed as set forth in
Article 11 plus the amount of any tax or excise applicable to such sale.
Operator will acquire each such used tire as is, and Goodyear makes no
warranties as to the condition or fitness for continued use of such
tires.
17. MODIFICATION OF AGREEMENT
This Agreement cannot be altered or modified in any respect unless by
written consent of duly authorized representatives of both parties or
by special written document signed in like manner.
18. UNIFORM COMMERCIAL CODE FINANCING STATEMENTS
Operator will, upon request, sign such financing statements or
continuation statements as may be necessary or desirable to protect:
Goodyear's interest in the tires leased under this Agreement.
The undersigned parties have caused this Agreement to be signed in
duplicate.
WITH .S
CITY OF OSHKOSH munici•al corpora ion
i
BY f 0
�J
William D. Fru- , City Manager
Attest � ' ;` � i ,":)a,' 44" THE GOODYEAR TIRE & RUBBER COMPANY
Donna C. Serwas, City Clerk 2
City of Oshkosh BY -et-
+ice':Pre: dint
ATTEST
s scant Secretary
'').-(,(110-4„.ti (2 re-4Y
,
City Cornptrol!e
p r`
—7— ° I'" P R O VE D
r. n
.7l'ti CRY ATTOR
OSHXOSH,WISCONSIN
1
10-1 (2/83) 1
yoC2-9
Exhibit "A"
1
To Agreement dated between CITY OF OSHKOSH TRANSIl
SYSTEM of OSHKOSH, WISCONSIN and THE GOODYEAR TIRE t RUBBER COMPANY, of
Akron, Ohio.
SCHEDULE OF BUSES
Number Makes Number
of of Tire Size of
Buses Buses Model. Front Rear Wheels Rate
14 GMC RTS II 11 .50-20 11.50-20 Six A
12 GMC OLD STYLE 11 .50-20 11.50-20 Six A
JO (2/83
,C2-1O
OPTION
This Option shall constitute and become a part of the Memorandum of
Agreement dated iy74esks4a5, /,94.e' by and between CITY OF OSHKOSH
TRANSIT SYSTEM of OSHKOSH, WISCONSIN ("Operator") �
S S and THE GOODYEAR TIRE &
RUBBER COMPANY ("Goodyear") , as such Memorandum of Agreement may have been )
further amended or extended from time to time.
1. Notwithstanding any provision to the contrary set forth in said
Memorandum of Agreement, as extended and amended, Goodyear hereby
grants to Operator the following option.
(a) Upon the expiration of the term of the Memorandum of Agreement,
as extended and amended, and only in the event Operator wishes t
change supplier, Operator has the right to further extend said
Memorandum of Agreement and continue to use all tires furnished
by Goodyear under such Agreements in Operator's possession on the
expiration date for a period of 36 months from said expiration
date.
(b) All terms, conditions and provisions of said Memorandum of
Agreement, as previously amended and extended, shall remain in
full force and effect during said 36-month period, except that
Goodyear shall be relieved of any requirement to furnish Operator
with tires, tubes, flaps, or repair material during said 36-month
period unless requested by Operator and agreed to by Goodyear.
(c) The rate or rates per tire mile in effect during such 36-month
period shall be the rate or rates in effect for the six-month
period immediately preceding the commencement date of such
36-month period.
(d) It is understood that Operator shall continuously use such tires
insofar as practicable on its highest mileage runs until such
tires are rendered permanently unfit for service during said
36-month period.
(e) Upon the expiration of said 36-month period, Operator shall pay
for any then unused mileage remaining in such tires (tires
supplied by Goodyear pursuant to the Memorandum of Agreement) at
the rate set forth in Paragraph 1 (c) above. Operator will
acquire each such used tire as is, and Goodyear makes no
warranties as to the condition or fitness for continued use of
such tires. The amount of the unused mileage shall be determined
by subtracting from the average mileage secured from similar
tires (nonrecapped or recapped, as the case may be) normally and
permanently removed from service during the six-month period
immediately preceding the expiration of the 36-month period, the
mileage run by the particular tire prior to the expiration date
of the 36-month period.
I
J-11 (2/831,
yoC2-11 I
II
I
!
1
2. The option granted herein is exercisable by Operator upon thirty (30)
days' notice prior to the expiration date of the Memorandum of
Agreement, as extended and amended. Such notice of Operator's I
exercise of this option must be in writing and sent, certified mail,
to: 1
1
The Goodyear Tire & Rubber Company
1144 East Market Street
Akron, Ohio 44316-0001
Attn: Manager, Mileage Sales
IN WITNESS WHEREOF, Goodyear has caused these presents to e signed
by its duly authorized representatives on the % Y--day of ,
19 , although it is mutually agreed that this option shall be
effective as of the effective date of any current supplement, amendment,
or extension between these parties.
THE GOODYEAR TIRE & 9BBER COMPANY
BY P-7 ilEtie'e'
ce :res dent
I
. ' /
i.,
I ATTEST ...te...., "e _ ...,-.1t.....,
- 1
A.s:istant Secretary
(7: I
I
I
I
I
LETTER OF TRANSMITTAL
School Interiors, Inc.
3540 N. 126th STREET
BROOKFIELD, WISCONSIN 53005
Phone: (414) 781-7060 Date: March 29 , 1985
Our Order No: 84161
TO:
Ms. Donna C. Serwas, City Clerk Factory Order No.:
CITY OF OSHKOSH Re: OSHKOSH CENTRE
Oshkosh, Wisconsin
P. 0. Box 1130
Oshkosh, WI 54902
Gentlemen:
We are sending you X attached under separate cover the following:
COPIES DATE OR NO. DESCRIPTION
1 3-27-85 Performance Bond
1 3-27-85 Labor & Material Payment Bond
2 3-22-85 Insurance Certificates FILE5'
APR - 1 1985
I Cliv C
O$HKOBN.6KR WK IL
These are transmitted as checked below:
For Approval _ Approved as submitted Resubmit __— copies
for approval
For your use — Approved as noted
Submit copies
X As requested — Returned for correction for distribution
REMARKS:
GAL/j s
Enc. Signed
George A. Lauer, Vice President
ix'
y .s. 9•
G
t
�rJ Y s .F:•,
„o:: r �S
iX. .i:: ii'1 _..,.A4�:,. 6 ,.....1..... _V[. '�G1�:1..�,�.•...t'`.',,. �,,..-3-....—. — ah'. ___�i' w 5�'i .'.. ., is
�DELIT 4 o•.
UI\IH 1ED si ATIEs IFIIID-ILII ` LIARA\TY COVPANY
3� ' I
c ' 'rasa• ` . 4
(A Stock 7 om::ny) "
"" PERFORMANCE BOND
Approved by The American Institute of Architects °'t
A. I.A.Document No.A-311(February 1970 Edition)
1:,:::::4
"' BOND NUMBER
46-0120-10250-85-6
as;-, KNOW ALL MEN BY THESE PRESENTS: F
`.1 That SCHOOL INTERIORS , INC . ._:
3540 N. 126th St. Brookfield WI
r as Principal, __
hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws
w the State of Maryland, Baltimore, Maryland, as Surety, hereinafter called of t e St e ry ry S y, e c e Surety, are held and firmly bound unto i,
City of Oshkosh, Wisconsin 1'-:
` as Obligee, hereinafter called Owner, in the amount of One Hundred Thirty Two Thousand Fifty Two
€,,V 132 052 .00 I`
t= and No/100 Dollars 4 132,052 .00 ),
( ;?l for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and i'.j
=::! severally, firmly by these presents.
s f l WHEREAS,, Contractor has by written agreement dated 3/8 19 8 Entered into a contract with Owner for
i
F.-I
Ceiling Hung/Operable Partitions for Oshkosh Centre, Oshkosh, WI ;:
F-.:~
_ in accordance with drawings and specifications prepared by
(Here insert full name, title and address)
t;_;_ , which contract is by reference made a part i
=__? hereof, and is hereinafter referred to as the Contract. Ii:.:_
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. ;_
il 14;
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
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
Contract in accordance with its terms and conditions, -
(2) Obtain bid or bids for completing the Co tr ct n accords ce th is to s a d co d bons and upon determination i n b r
O 0 to a d o d p e t o by Surety of the low I` i
Y ,
_ l 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 I:' =
E'i succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of l`i::
E:,;, 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 s._
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 `'I
-=a 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 "'�i
E'•H the heirs, executors,administrators or successors of the Owner.
€=:;. Signed and sealed this 27th t1 day of MarQi 19...85
t;;: F-_
SCHOOL INTERIORS , INC . ;1
( 1 presence of:
Q .:
�. '' 2 c.` 0Z-it'
� t et�t � e— By .1� J -�" � (Seal)
(Witness) Principal 1::,;..::;-'
UNITED STATES FIDELITY AND GUARANTY COMPANY `I„,,,,,
(Witness) By :/•,L�.'t_,/t i-�-—1 /14-t(,4' ” (Seal)
,,.,._Attorney in Fact
Contract 21 1 (2.70)
•
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No 88317
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
Becky Heaston
of the City of Milwaukee ,State of Wisconsin
its true and lawful attorney lt]C®ad;feiCdtioSm]LXXM
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
Becky Heaston
•
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 16th day of
December , A. D. 1977
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) Bf. John Hamilton
Vice-President.
(SEAL)
(Signed) William J. Phelan
Assistant Secretary.
STATE OF MARYLAND, }
BALTIMORE CITY, es:
On this 16th day of December , A. D. 19T7 , before me personally came
John Hamilton , 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 John Hamilton
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..7 8...
(SEAL) (Signed) Margaret M. Hurst
Notary Public.
STATE OF MARYLAND )
BALTIMORE CITY, Ij Set.
I, Robert H. Bo u s e , 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 16th day of December . A. D. 197 7
(SEAL) (Signed) Robert H. Rouse
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 ofcer, 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 whatsoever, 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.
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 Becky He ast on
of Milwaukee , W i s c oA s i n , 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
(Date) 3/27/85
1/416.0,0064e......./e014,1"
Assistant Secretary.
h ti'•' iPi'i
ttf"
,` 54 "h,q1• P ;SSi: M 55s::ee>+I ,Sic s. ... .. ,
:: .•.N,:r:s:._,7y�': '.%b.',., ?..,_1G.t; . ':,: :}� ,. .w. .�. a ... .. ..5
._'Y� .ter! }.�_.•,�....A,. ,.....,.0„—:.. Si - .. _...�� ___. . �. _:.._. _. .,.:. _. .. ._::. .._yi-
5pEL1TY_,/ -I
UNITED STATES FG�E����a,�� ' ,4`1 UARANTY COMPANY
ul°e (A Stock Company) :
-' LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects =_
j A. I.A.Document No.A-311 (February 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER... .4.6-0120-10250-85-6
;1
_===? That SCHOOL INTERIORS , INC . =
3540 N. 126th St. , Brookfield, WI
"'``a' 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
`y City of Oshkosh, Wisconsin
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred '` ,
?`: Thirty 132 ,052 .00 ), t``
Thlxt Two ThOUSaind..Fifty. TWO..c�I1C ..N0�100 Dollars($ )
r-: for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and . :'
-_ severally,firmly by these presents. . -
WHEREAS, Principal has by written agreement dated 3/8 1985, entered into a contract with Owner for
Ceiling Hung/Operable Partitions for Oshkosh Centre, Oshkosh, WI:
.: in accordance with drawings and specifications prepared by
,;"i (Here insert full name, title and address) F_
which contract is by reference made a part
f=a 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:
', (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, p'
or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that
1.--‘:11
Y, q g '"
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 r,",:,3
F-`, 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
yi, 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,
r (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 tt-__
€'' last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy L .
': 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 ,1zi
performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope L:j
I`' 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'
Y g P Y P 1
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
however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation
shall be deemed to be amended so as to be equal to the minimum period of limitation 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 ==_'
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.
:i (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
amount of such lien be presented under and against this bond. •
Signed and sealed this 27th day of Mar.Oh , 19 8 5. `.
[«' SCHOOL INTERIORS ,INC. .:.....
( - G.... ! -" By n-3t-c- a. (Seal) I
(Witness) Principal ==
U ED STATES FIDELITY AND GUARANTY COMPANY
i By ,�,. - . - .¢ •� ---\ (Seal)
(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. _
! Contract 211-A (2-70) 0
l
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
Na 88317
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
Becky Heaston
of the City of Milwaukee , State of Wisconsin
its true and lawful attorney IOCYZtf:ta 7CXt)Q
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
Becky Heaston
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 16th , day of
December , A. D. 1977
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By,,,.
John Hamilton
Vice-President.
(SEAL)
(Signed) William J. Phelan
Assistant Secretary.
STATE OF MARYLAND,
BALTIMORE CITY, es:
On this 16th day of December , A. D. 1977 , before me personally came
John Hamilton , 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 John Hamilton
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..7 8...
(SEAL) (Signed) Margaret M. Hurst
Notary Public.
STATE OF MARYLAND 1
Sct.
BALTIMORE CITY,
L Robert H. Bouse , 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 16th day of December , A. D. 197 7
(SEAL) (Signed) Robert H. Bouse
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, recognizance,, 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 whatsoever, 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.
[, 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 Becky Heaston
of Milwaukee , Wisconsin her
• authorizing and empowering 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
(Date) 3/27/85
1/41/1.0,00614.0.://a171,7'
Assistant Secretary.
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTSICATIE,MOL;ER :
THIS CERTIFICATE DOES NM.AME P. EXTEND OR ALME,R114*- ' 41004 41.144 ''; 1411Y,,,IVE-.. 'l'. ' *TED
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FITZGERALD CLAYTON
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BRClOKFIEL..D WT 53005
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GENERAL LIABILITY
BCP356163 :10/01/86
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AUTOMOBILE L!ABILITY BCP356163 , 10/01/6S
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and InceDtion date 10/01/64 - . ......" ,
EMPLOYERS LIABILITh -;' ' .-.": ' :i 100
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