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February 17, 1983 # 6 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: WAIVE BIDS AND PURCHASE TRUCK
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper
City officials are hereby authorized and directed to waive bids and purchase from:
PIERCE MANUFACTURING INC.
P. 0. Box 2017
Appleton, WI 54911
one (1) 1980 Ford F-350 XLT, demonstrator utility pickup truck with all aluminum
service body and associated equipment, at a cost not to exceed $16,500.00.
BE IT FURTHER RESOLVED, that monies for this purpose shall be appropriated
from Account No. 832-200, Water Utility Transportation Equipment, money to be
repaid from a future bond issue.
-7-
•
,' CITY
'OSHKOSH February 21, 1983
Pierce Manufacturing Inc.
P. 0. Box 2017
Appleton, WI. 54911
We are herewith enclosing, copies of the Contract (based on
your City Council accepted bid) to furnish the City of Oshkosh
with the following:
1 1980 Ford F - 350 XLT utility pick-up truck.
Kindly execute all copies : with necessary signatures , wit-
nesses , corporate seal -- and return to this office. Please en-
close a Performance Bond; a Material and Labor Bond, and a copy of
your Insurance to cover this project . Specifications for these en-
closures are explained in your bid specifications .
Upon final execution , we will mail you one copy for your files .
Yours truly ,
CITY OF OSHKOSH
Office of the City Clerk
Encs .
+u= C r P. O. BOX 1130 • OSHKOSH, WISCONSIN 54902
•
Sentry Insurance
AIA Document A311
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that PIERCE MANUFACTURING, INC.
P.O. BOX 2017
APPLETON, WI 54913
(Here insert full neme and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and SENTRY INSURANCE A MUTUAL COMPANY
1421 STRONGS AVENUE
STEVENS POINT, WI 54481
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF OSHKOSH, WISCONSIN
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of SIXTEEN THOUSAND FIVE HUNDRED
AND NO/100 Dollars ($ 16,500.00 ),
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 FEBRUARY 23, 19 83 , entered into a contract with
Owner for
SUPPLY ONE (1) 1980 FORD F-350XLT UTILITY PICKUP TRUCK (DEMONSTRATOR)
in accordance with drawings and specifications prepared by
(Here insert full name, title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
(Approved by The American Institute of Architects,
A.I.A. Document No. A311)
10.1761
6-80
•
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 contract or contracts of completion arranged under
or extension of time made by. the Owner. this paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price;
Whenever Contractor shall be, and declared by
but not
Owner to be in default under the Contract, the exceeding, including other costs and
Owner having performed Owner's obligations damages for which ng the Surety may be liable le heere-
under, the amount set forth in the first paragraph
thereunder, the Surety may promptly remedy the hereof. The term "balance of the contract price,"
default, or shall promptly as used in this paragraph, shall °mein the"total
1) Complete the Contract in accordance with its amount payable by Owner to Contractor under the
terms and conditions; or Contract and any amendments thereto, less the
amount properly paid by Owner to Contractor.
2) Obtain a bid or bids for completing the Contract Any suit under this bond must be instituted
in accordance with its terms and conditions, and before the expiration of two (2) years from the
upon determination by Surety of the lowest respon- date on which final payment under the Contract
sible bidder, or, if the Owner elects, upon determi- falls due.
nation by the Owner and the Surety jointly of the
lowest responsible bidder, arrange for a contract No right of action shall accrue on this bond to
between such bidder and Owner, and make avail- or for the use of any person or corporation other
able as Work progresses (even though there should than the Owner named herein or the heirs, execu-
be a default or a succession of defaults under the tors, administrators or successors of the Owner.
•
Signed and sealed this 23RD day of FEBRUARY 1983
pIERCE MANUFACTURING, INC.
/
(Principal) (Seal)
itness) �J
-
(Title)
SENTRY INSURANCE A MUTUAL COMPANY
( `V�!n l`
) S ' (surety)
Allr; (Seal)
(Witness)
Title))
ATTORNEY—IN—FACT
SENTRY INSURANCE A MUT UAL - COMPANY
STEVENS POINT, WISCONSIN
POWER OF ATTORNEY N'9 84023
KNOW ALL MEN BY THESE PRESENTS:
That the SENTRY INSURANCE A MUTUAL COMPANY,a corporation of the State of Wisconsin,having its
principal offices in the city of Stevens Point,Wisconsin,pursuant to authority granted by a resolution of its Board
of Directors adopted May 7, 1970, which reads as follows:
The President, the Vice President, or the Treasurer of this Corporation shall have authority to appoint in
writing such attorneys-in-fact as the business of the Corporation may require,and to authorize such attorneys-in-
fact,and each of them to execute on behalf of the Corporation,any bonds,recognizances,stipulations,contracts of
indemnity and other undertakings of like character, or to exercise any lesser number of said powers as
hereinbefore set forth.
"Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its
seal.The signature of the Secretary or any Assistant Secretary to certified copies of such powers of attorney maybe
original or facsimile, and when the corporate seal is affixed thereto, any third party may rely on said certified
copies of powers of attorney as the act and deed of this Corporation.The President,the Vice President,or Treasurer
may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such
appointment;"
does hereby nominate, constitute and appoint
LYLE BECKER, ROBERT ERDMAN AND BETTY CONACHEN ALL OF STEVENS POINT, WISCONSIN
its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,as surety,and as its act
and deed.
ANY AND ALL BONDS OR UNDERTAKINGS WITHOUT':LIMITATION
IN WITNESS WHEREOF, SENTRY INSURANCE A MUTUAL COMPANY of Stevens Point,Wisconsin, has
caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this
23rd day of JULY 19 75
SENTRY INSURANCE A MUTUAL COMPANY
00.PO4�4�o
arvq,.,.
Ni 1 9 13 , ° President
(=;!2■114,t
Secretary
STATE OF WISCONSIN, COUNTY OF PORTAGE - ss
On this 23rd day of JULY A.D., 19 75 , personally came before me H.F. Holtz
and T. J. Maney, to me known to be the individuals and officers of the SENTRY INSURANCE A MUTUAL
COMPANY of Stevens Point, 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 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.
it. Pe
r� O'LZCI.vi'1.fi i
cNOTARY
NUM Notary Public
�
, Commission Expires
ete Co• Oct. 16, 1983
CERTIFICATE
I, the undersigned, secretary of the SENTRY INSURANCE A MUTUAL COMPANY of Stevens Point,
Wisconsin,a Wisconsin corporation,DO HEREBY CERTIFY that the foregoing 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 still in force.
Signed and sealed at the City of STEVENS POINT this 23RD day of FEBRUARY , 1983..
(SEAL)
Secretary
80-2136A S5M8-81
• CERTIFICATE OF INSURANCE
•
0 Policy No.(s) has been replaced and this certificate replaces the certificate previously issued.
This is to certify that Sentry Insurance a Mutual Company or Sentry Indemnity Company has issued to the insured named herein such and
so many of the kinds of insurance as are described herein by specific limits of liability and policy number, and that such insurance is in
force as of the date of this certificate. This certificate of insurance is not an insurance policy and does not amend, extend or alter the
coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document
with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein
is subject to all the terms,exclusions and conditions of such policies.
Named Insured and Address: EFFECTIVE DATE OF THIS CERTIFICATE
T February 23, 1983
ISSUED AT
PIERCE MANUFACTURING, INC. Appleton, Wisconsin
P.O. BOX 2017
2600 AMERICAN DRIVE
LAPPLETON, WISCONSIN 54913
Job: if any — `.
ii 0
INSURANCE
POLICY NO. KIND OF INSURANCE LIMITS OF LIABILITY EXP.DATE
GENERAL LIABILITY INSURANCE Each Occurrence Aggregate
50-68784-38 Bodily Injury Liability $ 500,000 $ 500,00
•• Damage Liability $ 100,000 $ 100,000
INCLUDES i Contractual •
and renewal thereof '•t Completed Opns.&Products. If blank,see below
GARAGE INSURANCE Each Person Each Occurrence Aggregate
Bodily Injury Liability $ $
Property Damage Liability $
and renewal thereof
If blank,see below
BLANKET EXCESS LIABILITY s 7,000,000 Each Occurrence and
50-68784-38 Umbrella Aggregate
and renewal thereof If blank,see below
50-68784-38 AUTOMOBILE LIABILITY INSURANCE Each Person Each Occurrence
Bodily Injury Liability $ 250,000 $ 500,000
oa.rty Damage Liability $ 100,000
INCLUDES Owned Autos
and renewel thereof ® Non-Owned Autos It blank,see below
WORKMEN'S COMPENSATION Fully Complies with Requirements of State Law
50-67339-20
and renewal thereof If blank,see below
Coverage is provided for liability assumed by the named insured for the contract between the named insured and
Dated
in accordance with the Contractual Liability Insurance Part of the policy and for other contracts as defined in the policy.
•
REMARKS:
This certificate remains in effect, separately for each policy certified, until the earliest of the following:
1. The specified termination date contained in a written notice mailed, by regular mail,to the certificate holder.The insurer will give ten
days prior notice of such termination;or
2. The effective date shown in replacement certificate mailed to the certificate holder; or
3. The expiration date, if any,shown in above"Expiration Date" column. If no date has been entered,this certificate is continuous until
terminated in accordance with paragraph 1 or 2 above.
If the insurance coverage is reduced, ten days prior notice of such change will be sent, by regular mail, to the certificate holder.
Name and Address of Certificate holder: SENTRY INSURANCE A MUTUAL COMPANY
City of Oshkosh or President Secretary
215 Church Avenue
P.O. Box 1130 SENTRY INDEMNITY COMPANY
Oshkosh, WI 54902 _J C;Z(/P, ... t
so-81035 10-79 President Secretary
i
A G R E E M E N T
THIS AGREEMENT made and entered into this 18th day of February 1 1983
by and between PIERCE MANUFACTURING INC. of
P. O. Box 7017, Appleton. WI 54911 , 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 resolution duly
adopted on the 17th day of February , 1983 , accepted the bid of the first
party and authorized and directed the proper City officials to enter into an agree-
ment with the party of the first part for:
one (1) 1980 Ford F-350 XLT, demonstrator utility pickup truck with all aluminum
service body and associated equipment, at a cost not to exceed $16,500.00,
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 without the written consent of the City;
and that this document including the specifications and bid, constitutes the entire
agreement between the parties hereto and that any understanding either oral or written,
not a part hereof shall not be binding on either party.
3. That in consideration thereof, the City will pay to the first party
the sum of $x not to exceed $16,500,0Q pon presentation of a proper voucher, and
delivery and acceptance by the City in conformity on said specifications and bid.
IN WITNESS WHEREOF, the parties hereto have caused this agreement 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 cor-
poration 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: PIERCE MANUFACTURING INC.
By:
Signat . ;e of so -, proprietor, or name
or c. ..ratio, ,o" pa to , ip
�_ X /, ,
. .7 P 's 70Portn„;000,;000.'
,/,
Secretary
CITY OF OSHKOSH //--
-- ,--=-----_, , de . ..,, By: , .
// / WILD I AM D. FRUEH, C i t y Manager
A /a z , ' ,L APPA �; By: �J\ )'1G'i�t, L-' (,a';it
DONNA C. LUEBKE , City Clerk
I hereby certify that the necessary
provisions have been made to pay the
. .r. , . d as to f.rm an. liability that will accrue under this
-� .ion: i' contr))a��c��t: jr�,�
v4 t\ ��CJ(.LA." h 0,, Vik
ra c 4 �wntui.:i 1s v,t%a u, ,1 1 ,1,4 EDWARD A. NOKES, City Comotrol ler
TOM W. AHRENS, Asst. City Attorney