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HomeMy WebLinkAboutOshkosh Northwestern 5/5/1993 A G R E E M E N T THIS AGREEMENT made and entered into this 5th day of May , 19 83 by and between Oshkosh N rthwesternCompany of Oshkosh, WI oCda � o > .I , 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 5th day of May , 19 83 , 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: Printing of City's advertising, publication of Council proceedings and other matters for the ensuing year (See reverse side.) 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 $ (See reverse side hereof) 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- poration of 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 By: Signature of sole proprietor, or name or co .oratio `r partnership r. / •r = 'dent or Partn- L c Secretary I 4 (2) c CITY OF OSH SH At By: LIAM D. FRUEH, .City Manager Ai 4 A BY: ,% [14A) v . (-CF.4 DONNA C.LUEB E , City Clerk I hereby certify that the necessary provisions have been made to pay the Approved as to form liability that will accrue under this co act: /6/1/'‘. .1)2,„J b4.1.4■ EDWARD A. NOKES , City Comptroller TOM W. AHRENS, Asst. City Attorney FOR COUNCIL PROCEEDINGS: 58.1¢ per Standard Line for Straight matter 74.7¢ per Standard Line for Tabulated matter FOR LEGAL NOTICES, IMPROVEMENT NOTICES, REPORTS, ORDINANCES AND ALL OTHER LEGAL NOTICES AND REPORTS: First Insertion: 58.1¢ per line for Straight matter 74.0 per line for Tabulated matter Subsequent insertions: 45.9¢ per line for Straight matter 59.0¢ per line for tabulated matter DISPLAY ADVERTISING: 50¢ per line 7.00 per col. inch - 14 lines per inch 1_4)„0 o o rn X00 N ctmcr o 0 (D N zn mew F'• C0 (D 0P' O oa c+ 0 (/) 1-- �i Ott w 0 1-43 c N '4 O H SD r O 7d� Fi (D 0 a Wit--' c+ m CD CITY OF P.O.BOX 1130 OCHKOSH,WISCONSIN 54902 CITY HALL /• 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 10 :30 a .m ., C.D.S ,T„ Tuesday May 3, 1983 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 ) 424-0265 . William D. Frueh City Manager PUBLISH: April 20th & 24th , 1983 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 C 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 : C 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 1983 Date Address City and State 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 58.1 per standard line for straight matter (6 pt. Futura Type) 74.7 per standard line for tabulated matter (6 pt. Futura Type) LEGAL NOTICES , IMPROVEMENT NOTICES , REPORTS , ORDINANCES AND ALL OTHER LEGAL NOTICES AND REPORTS First Insertion: 58.1 per line for straight matter (6 pt. Futura Type) 74.7 G per line for tabulated matter( 6 pt. Futura Type) Subsequent Insertions: 45.9 per line for straight matter ( 6 pt Futura Type) 59.0 per line for tabulated matter( 6 pt. Futura Type) * DISPLAY ADVERTISING • 50 C per line 7.00 per col . inch - 14 lines per inch OSN.`ISN NORTHWESTERN CO '• Y Name of Corp ny PROPOSED BY: Russell F. Sprung Person making out this bid April 20, 1983 P.O. Box 2926 Date Address Oshkosh, Wisconsin 54903 City and State wor- ' 1 0 PERFORMANCE & PAYMENT BOND ' KNOW ALL MEN BY THESE PRESENTS: 4 0 il The That, OSHKOSH NORTHWESTERN COMPANY Continental Insurance Companies ilas Principal, hereinafter called the Principal, and FIR EN' S INSURANCE COMPANY OF NEWARK, ,NJ _ a corporation organized and existing under the laws of the State of New Jersey with its principal office in Newark, New Jersey , as Surety, hereinafter called the Surety, are held and firmly bound unto 0 CITY OF OSHKOSH, WISCONSIN 0 as Obligee, hereinafter called the Obligee, in the just and full sum of Five Hundred and 00/100- (5500.00) Dollars, 0 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 day of May 1983 to May 10, 1984 0 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. 0 0 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 II 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 U 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 [I 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. 0 II 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 if 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 the expiration of the maintenance period, but not afterwards. 0 0 Signed and sealed this 25th day of February A. D. 19 83 OSHKOSH NORTHWESTERN COMPANY (Seal) Principal II FIREMEN' S INSURANCE COMPANY OF NEWARK,. NEW JERSEY (Seal) II (I _ By f Attorney—in-fact (� Bond 4100A Printed in U. S. A. ,. ,1e ,_f_t=tiOix=4=1I 'w 'Sk 4? -$1 0=42==14iC=S�rGa r . Firemen's Insurance Company of Newark, New Jersey r 80 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents,That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made. constituted and appointed, and by these presents does make, constitute and appoint Arthur Rehbein or P. Bruce Stevenson or Richard M. Audiss all of Oshkosh, Wisconsin its true and lawful attorney for it and in its name, place,and stead to execute on behalf of the said Company, as surety,bonds, undertakings and contracts of suretyship to be given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Five Hundred Thousand ($500,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Reso- lution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meet- ing duly called and held on the 20th day of February, 1975. -RESOLVED.that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice Pres- ident or a Vice President of the Company, be. and that each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attor- ney named in the given Power of Attorney to execute in behalf of FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,bonds,under- takings and all contracts of suretyship,and that an Assistant Vice President.a Secretary or an Assistant Secretary be,and that each or any of them here- by is,authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to 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 when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attach- ed ' In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Senior Vice Presidents and attested by one of its Assist- ant Vice Presidents this 22nd day of April,1977. FIREMEN S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest. By a — r—/ VAN• A#1 Morris L. Ford,Assistant Vice-President STATE OF NEW YORK, 1 R.K.Ruesch,Senior Vice-President ss COUNTY OF NEW YORK, On this 22nd day of April, 1977, before me personally came R. K. Ruesch, to me known,who being by me duly sworn, did depose and say that he resides in New Providence, in the County of Union, State of New Jersey, at 35 Alden Road;that he is a Senior Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation de- scribed in and which executed the above instrument; that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. FN`S A y..., .NOTnRr_ HERBERT HOFFMAN NOTARY PUBLIC.State of New York No 52-1821035 Qual.in Suffolk County CERTIFICATE Coif filed in N.Y.Co.Clk's Office Commission Expires March 30, 1979 I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of At- torney, is now in force. Signed and sealed at the City of New York. Dated the day of , 19 . ... 727 2‘4/4C-54..e. kY,N James M Keane.Assistant Secretary 71 firr,l 4:11',U 779 Printed in U.S.A.