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HomeMy WebLinkAboutBaltimore Paint & Chemical traffic paint agreement 1983 i A G R E E M E N T THIS AGREEMENT made and entered into this 4th day of of Div. 1Sh8erwi , by and between BALTIMORE PAINT & CHEMICAL CO. ����r0 of the first part, and the Williams Co. ,2326 Hollins Ferry Rd. , Baltimore, MD , p Y 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 3rd day of March , 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: Traffic Marking Paint for 1983: 510 Gallons - White - Baltimore Setfast TM 5126 $2407.20 850 Gallons - Yellow - Baltimore Setfast TM 5129 4207.50 $ 6614.70 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 $ 6614.07 , upon presentation of a proper voucher, and delivery and acceptance by the City in conformity on said specifications and bid. IN WITNESS WHEREOF, the parties hereto have caused this 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- p1Dration or partnership, the signing of this agreement shall constitute a warranty by the person(s) so signing the proper authority so to do. BALTIMORE PAINT & CHEMICAL CO. In the presence of: Div he Sherwin-Williams Company By: L 7r✓ Sig tune of sole( proprietor, or name or orporation or partnership erome Caplan, Assistant Market Manager President or Partner Secretary CITY OF OSHKOSH a. 4L ■ �A ice' By., ! M D. FRJEH City Manager ,1V WILLIAM , Y � � r /. L..f.. I�/ t. -......... BY:k vl' d- 7r,(..--a/H4j4____ ♦ DONNA C. LUEBKE, City Clerk I hereby certify that the necessary provisions have been made to pay the Approved as to form and liability that will accrue under this executi cont ct: (� i- /Olt Z,(1#(4/ ' .)1d41QMXMXMMxt�QM�bM)E►��l,P1Q'M>l� EDWARD A. NOKES, City Comptroller TOM W. AHRENS, Asst. City Attorney -9 0 En Mto K1N nto W A A A Z z Z WCO ›' Lf1 co H >10 A C4 .I >O A M1 K1 N A P O 0 • N- M 0 4 -4' l0 al H CO 0 VD PC1 H vO . C!2 CO 2 CO 0 %- I-10 H 0 N 0 a tt:,E cQ N u' LC• W H H N 0� � C N-�-I%I1 m H iA 11H tin W H a co H W z 0 4 a Z I H El rN ° Ir• rH al •N • U•N- 4-1 to lO 4- •*-1 tf1 a) NC � P4 c��c NW H W Cl) 0 N W V1 H co►X-7 a A 0 0 H 0 U I~ 0 0 $S •+ -+N ci 0 •c- �KN1 C rI w a K1 U CQ tt1 H CD CDNm x0 aCO .r1 •. 0tC\ •.I t00 0 C CD • • •` 0 U) M E'� E PP E-1= C o F.3-P CO a) c1 +) •0-F' E ••''� . CO 3• Adif 1 I AQNA AP-+ H13 O O) JOAN N K1 CiM in .,nrrnrrnncni . PROPOSAL CHLORINATED RUBBER TRAFFIC MARKING PAINT We , the undersigned , propose to furnish the Transportation Department of the City of Oshkosh, Wisconsin , f .o.b. 805 Witzel Ave. , Fast drying chlorinated rubber traffic marking paint , as per specifications , at the following prices : 510 gals . traffic white , in 5 ' s TOTAL SETFAST TM-5126 $ 4.72 $ 2407.20 Brand name and number per gal . 850 gals . traffic yellow, in S ' s SFTFAST TM-5129 $ 4.95 $ 4207.50 Brand name and number per gal What specifications does this paint meet? Federal Specification TT-P-115, Type III Chlorinated Rubber/Alkyd Delivery 30-45 days from receipt of order . DRYING TIME (this must be filled in) 10 minutes at 60° , 55% relative humidity 3 mil film line . Thinner to be used with the above paint . Toluol $ 146.65 Brand name and number Price per 55 gal drum container Terms Net % 30 days Baltimore Paint & Chemical Co. Div. he Sherwin-Williams Co. Na - of Compa /' SUBMITTED BY: �' �' `• e and title o perso making out bid . .hn C.Tewey, Assistant M ket Manager February 18, 1983 2326 Hollins Ferry Road. Salto. . Md. 21230 Address of Company Date 3ES0LLTI0N OF TSB •..+ +i-'� ''''" 0V TSE Epp 01 DIRECTORS . OF T� S T I aMS CC ANY 3850L41013, that Thomas N. Bird, or Paul 8. Weiss, or . or Cbarlas A. Crew, or Willi= L. amar7 Sob. r Bsp t authorized to sign on behalf of this or Sercmaa �� is Dutch Boy and Baltimore Paint that papers or documents purchase Pais relating ag bids, caat=aacts of bonds or ts�s i as by Federal, S tata, Counry :raffia per pal Governments and within the United States. z'nm I. A. D. Childs, hhraby certify that I an Vice President and General Coo sal and Corporate Secretary of 'man Sherida-Grilliamm Company, that the foregoing is a couplets sad Crust copy of & resolution which was dimly adopted by the Administrative Committee of the Board of Direetoes of said corporation at a meeting thereof, daily az ob 3eh a quorum was present, sod that the *50 1�W t3oa has �' ssp�atad' itt�, am�ded te any � � . " • ?a lifirnese Whereof, I.hoc'. hereunto set my hand r_►,• cteir .._. • Yw .sr s L.. ai Cho S' Ws day of 2aaad, day of March, 1982. .t and General sod Corporate Secrocar,► T112 cam aro SIuI CONTRACT BOND y _� ,),: Property&Liability Insurance BOND NO. 400 GL 6677 Know all men by these presents that we, Baltimore Paint & Chemical Company, Division of The Sherwin-Williams Company as Principal, and the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized under the laws of the State of Minnesota and duly authorized to transact business in the State of Wisconsin as Surety, are held and firmly bound unto City of Oshkosh 215 Church Avenue Oshkosh, Wisconsin 54902 as Obligee, in the sum of Six Thousand Six Hundred Fourteen and .70/100 ($6,614 .70) DOLLARS, for the payment whereof well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 17th day of March 19 83 WHEREAS the Principal and the Obligee have entered into a written contract, a copy of which is or may be attached hereto, dated the day of 19 , for Furnishing White and Yellow Traffic Paint NOW,THEREFORE, the condition of the foregoing obligation is such that if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of the Principal's failure to comply with any of the terms of said contract,then this obligation shall be void; otherwise it shall remain in force. Any suit under this bond must be instituted before the expiration of two (2) years from the date on whicn final payment falls due. Baltimore Paint & Chemical Company, Division of The S rwin-Williams Company (Seal) Principal By T. R. M klich, Treasurer Title Countersigned by Wisconsin Resident ST. PAUL FIRE AND MA E INSURANCE COMPANY Agent ` �� Attorney-in-fact I Henrietta linker Gayle T. Dolinar 10957 Rev.5-62 Pri,sad in U.S.A. - u' ST.PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF b�d�N 385 Washington Street,St.Paul,Minnesota 55102 AUTHORITY NO. ,Insurance GENERAL POWER OF ATTORNEY - CERTIFIED COPY z`. 7 7 i O 2 (Original on File at Home Office of Company.See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St.Paul Fire and Marine Insurance Company,a corporation organized and existing under the laws of the State of Minnesota,and having its principal office in the City of St.Paul,Minnesota,does hereby constitute and appoint: Rudolph L. Baehr, III and Gayle T. Dolinar, individually, Cleveland, Ohio its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION ($25,000,000) EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St.Paul Fire and Marine Insurance Company,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C),of the By-Laws adopted by the Board of Directors of ST.PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January,1970, of which the following is a true transcript of said Section 6(C): "The President or any Vice President,Assistant Vice President,Secretary or Resident Secretary shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and (2)To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company,and (3)To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." - Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May,1959,of which the following is a true exerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." omulllisso 4'. 'FtRE di �zo IN TESTIMONY WHEREOF, St.Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate 0,t y . �% seal to be affixed by its authorized officer,this 2nd day of January,A.D. 1980. Z% ST.PAUL FIRE AND MARINE INSURANCE COMPANY STATE OF MINNESOTA z County of Ramsey ss. � `\\\\`\\`�� Vice President So III111111 On this 15th day of May ,19 81 , before me came the individual who executed the preceding instrument, to me personally known, and,being by me duly sworn,said that he/she is the therein described and authorized officer of St.Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St.Paul,Minnesota,the day 4,..�,A< J.- 3',, and year first above written. =o';.`X,$P4-mil Z az. V.C.INNES,Notary Public,Ramsey County,MN kCppN{I My Commission Expires April 27,1983 CERTIFICATION I, the undersigned officer of St.Paul Fire and Marine Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. ." )0eX0.1„e■■■ r3 IN TESTIMONY WHEREOF,I have hereunto set my hand this ' 4 4. 4,a. '4 �,s 6 I�'ol1` 17th day of March 19 81 . Secretary �4AnNw Only a certified copy of Power of Attorney bearing the Certificate of Authority No.printed in red on the upper right corner is binding. Photocopies,carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. For verification of the authenticity of this Power of Attorney,you may telephone toll free 800-328-9821 and ask for the Power of Attorney Clerk. Please refer to the above Certificate of Authority No.and the above named individual(s). 29550 Ed.8-80 Printed in U.S.A.