HomeMy WebLinkAboutJ.M. Kope Contracting CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 28th day of October , 1983 ,
by and between the CITY OF OSHKOSH, party of the first part , hereinafter
referred to as the CITY, and J. M. KOPE CONTRACTING
of 66 Kope Avenue, Oshkosh, WI 54901
party of the second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH: That the City and the Contractor, for the
considerations hereinafter named, agree as ' follows :
ARTICLE I . SCOPE OF WORK
The Contractor hereby agrees to furnish all of the materials
and all of the equipment and labor necessary, and to perform all of
the work shown on the plans and described in the specifications for
the project entitled or described as follows :
PUBLIC WORKS CONTRACT No. 83-04, for the purpose of demolition of building at
228 Algoma Boulevard, pursuant to Resolution #5 •adopted by the Oshkosh Common
Council on October 27, 1983,
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all in accordance and in strict compliance with the contractor' s
proposal and the other contract documents referred to in ARTICLE V
of this contract, and including additional agreement as listed on page la hereof.
ARTICLE II . TIME OF COMPLETION
The work to be performed under this contract shall be commenced
and the work completed within the time limits specified in the General
Conditions and/or Contractor' s proposal .
ARTICLE III . ''PAYMENT.
(a) The Contract Sum.
The City shall pay to the Contractor for the performance of the
contract the sum of $ 34,700.00 , adjusted by
any changes as provided in the General Conditions , or any
changes hereafter mutually agreed upon in writing by the parties
hereto, provided, however, in the event the proposal and contract
documents are on a "Unit Price" basis , the above mentioned figure
is an estimated figure, and the City shall , in such cases , pay
to the Contractor for the performance of the Contract the
Additional terms of Contract as agreed to on September 19, 1983:
1 . Contractor agrees to extend his bid through October 31 , 1983.
Ja3ui.
2. Contractor's time for completion will be extended unti l' 1984.
3. MRI will have the right to salvage the two light fixtures on the
front of the building and also to salvage up to 500 sq. ft. of the facial stogy
presently at the Vocational School Building.
4. Contractor will have the right to sell salvage from the Vocational
School on the site of the Vocational School .
5. It is understood between the parties that there is an existing tunnel
which will remain going from the presently existing boiler room to the recreational
gymnasium and across the properties presently known as the Beach Building and Voca-
tional School building. Contractor will take all necessary precautions to prevent
any type of damage occurring to the pipes presently located in said tunnel . If,
however, the pipes are damaged in spite of Contractor taking reasonable precautions ,
Contractor will have no liability for the damage to the pipes.
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amounts determined for the total number of each of the units
of work as set forth in the Contractor' s proposal ; the number
of units therein contained is approximate only , and the final
payment shall be made for the actual number of units that are
incorporated in or made necessary by the work covered by the
contract .
(b) Progress Payments .
In the event the time necessary to complete this Contract is
such that progress payments are required , they shall be made
according to the provisions set forth in the General Conditions .
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the
City of Oshkosh harmless against all actions , claims and demands of
any kind or character whatsoever which may in any way be caused by
the negligent digging up of streets , alleys or public grounds or
which may result from the faulty , carelessness or neglect of said
Contractor, his agents , employees or workmen in the performance of
said work or caused by the violation of any City ordinance, and
shall refund to the City all sums which it may be obliged or adjudged
to pay on any such claims or demards within a reasonable time after
demand thereof .
ARTICLE V. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts , all of
which are as fully a part of this contract as if herein set out
verbatim, or if not attached , as if hereto attached :
1 . General Conditions
2. Advertisement for Bids
3. Instructions to Bidders
4 . Specifications , including any addenda
S. Plans
6 . Contractor ' s Proposal
7. This Instrument
In the event that any provision in any of the above component
parts of this contract conflicts with any provision in any other of
the component parts , the provision in the component part first
enumerated above shall govern over any other component part which
follows it numerically except as may be otherwise specifically stated .
IT IS HEREBY DECLARED , UNDERSTOOD AND AGREED that the word
"Contractor" wherever used in this contract means the party of the
second part and its/his/their legal representatives , successors and
assigns .
- 2
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this
contract to be sealed with its corporate seal and to be subscribed to by its
City Manager and City Clerk and countersigned by the Comptroller of said City,
and the party of the second part her hereunto set its, his or their hand and
seal the day and year first above written.
In the presence of: CONTRACTOR
J. M. KOPE CONTRACTING
BY: lP/6�e,f, >' -________t)2,hu44,,_4
(Specify Title)
(Seal of Contractor
if a Corporation) By: ss,e.-4 /?.?; ,,, .-/) .7- '
(Specify Title)
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CITY OF OSHKOSH
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et, , 4'. A i /A I dIAr ,. ,...0.. ,
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a WI LIAM D. FRUEH, 1ity Manager
Ak C r .! .I �I� i_ BY: fA 4 J A I / . .�_0 La'/_/
' DONNA C. SERWAS, City Clerk
I certify that provisions have been made to
pay the liability that will accrue to the
City f Oshkosh under the within contract. (Seal of City)
Y.A.A-K41A-0 a kt4-(
EDWARD A. :JOKES , City Comptroller
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Approved as to
Ic5iiijiJ i
OffIVAT(M XtUttx i . I ,• s
TOM W. AHRENS , Asst. City Attorney
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11 1 UNITED STATES IFIII�IE LII 7•�'lte `i, IUAKAOTFY COMPANY
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:-;;a (A •oc i o .any)
( ;;; PERFORMANCE BOND
=' Approved by The American Institute of Architects
A. I.A. Document No.A-311(February 1970 Edition)
F_;.
BOND NUMBER =
`''a KNOW ALL MEN BY THESE PRESENTS:
That JAMES A. KOPE d/b/a J. K. Contracting
`-=' as Principal, `,I
1Ei; hereinafter called Contractor, 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 ::;
CITY OF OSHKOSH, WISCONSIN
j r.
- Thirty four Thousand Seven Hundred and no/100--
; as Obligee, hereinafter called Owner, in the amount of
l';;;1 Dollars ($�'14,7QQ- ),
l::::'
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
F" .I severally, firmly by these presents.
E:::,,, November 15 83
f_.f' WHEREAS., Contractor has by written agreement dated 1983, entered into a contract with Owner for
is-?
„ 1 Contract 83-04, Building Removal at 228 Algoma Street
r:
;; Oshkosh, WI
in accordance with drawings and specifications prepared by '1
(Here insert full name, title and address) '--+
which contract is r i by P
reference made a part
I p' hereof, and is hereinafter referred to as the Contract.
:i
' promptly y perform
F-_;_-r NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall and faithfully t
t- said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. '`°
i ;
kij 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 obligations I',”
y g performed Owner's obli
thereunder, the Surety may promptly remedy the default, or shall promptly f
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the low-
"' est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrangefor a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
1r- 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 prce," as used in this paragraph, shall r'::::':‘',::;:',:,:l..,
Fj 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. t__=
;_ Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the j'-'"':
Contract falls due.
'j
:_ 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 3
;:; the heirs,executors,administrators or successors of the Owner.
.:1 Signed and sealed this 15th day of November , 19.83 F_,
i=' James M. Kope d/b/a J. K. Contracting -..
,-,.. In he p esence of:�
1,41 F
1, . 1 04■Q : P) (-,,, \a_,,L BV„,..., rl-�::� '!uG (Seal)
(witness) Principal
i-.=:::.1 �, STAT S ID D GUARANTY COMPANY '-'
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By gillrAei � h {Sa):: /
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Contract 21 1 (2.70) r"'
CERTIFIED COPY
GENERAL.., POWER OF ATTORNEY
92875
No.
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
Jeffery J. Wirth
J
of the City of Neenah , State of Wisconsin
its true and lawful attorney in and for the State of WI S COn S in
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
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
Jeffery J . Wirth
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 19 t h day of
March , A. D. 19 82
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By Jeanne H . Eddy
Vice-President.
(SEAL) W. B. M. Hingeley
(Signed)
Assistant Secretary.
STATE OF MARYLAND,
ss:
BALTIMORE CITY.
On this 19th day of March A. D. 19 8 2; before me personally came
Jeanne ii. Eddy , Vice-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and 3'1. 3• M. Hingeley , 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 Jeanne H . Eddy
and W . B . M. Hingeley were respectively the Vice-President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY CO'r.IPANY, 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. y32
My commission expires the first day in July, A. D. 19
Margaret M. Hurst
(SEAL) (Signed.)
Notary Public.
STATE OF MARYLAND
Sct.
BALTIMORE CITY,
1 Charles W. Mackey , J r. 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
acknowieoi,zment. 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 Tostimon" Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City. the ac.= being a Court
rf Record, this 19th day of March , A. D. 19 8 2
(SEAL) (S r.ed) Charles . '-lackey o _ .
Clerk or the Superior Court of Balrrage City.
'S 3 (12.31)
COPY OF RESOLUTION
That Whereas,it is necessary for the effectual transaction of business !bat 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
and territories of Canada;
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 contracts
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 ail
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 or
territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body. organization, office or officer,
Deal, 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
irrganizatinn 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.
I, Richard Calder , 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 Jeffery J . Wirth
of Neenah , Wisconsin , authorizing and empowering him 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
Bard of Directors of said Company. duly called and held at the office of the Company in the City of Baltimore, on the 25th day of
November. 1981, 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 November. 15, 1983/
Date!
As-sistan! Secretary.
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/
CITY
OF
OSHKOSH November 7, 1983
J. M. Kope Contracting
66 Kope Ave.
Oshkosh, WI. 54901
r7e are herewith enclosing copies cf the Contract (based on
your City Council accepted bid) to furnish the City of Oshkosh
with the following:
Public Works Contract No. 83-04 •
Demolition.
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 ,
CI1Y OF OSHKOSH
Office of the City Clerk
Fnes .
( I FY HALL_ 1 AVE T, t, P. O. BOX 1130 • OSHKOSH, WISCONSIN 54902
qty
OF
t ;.
' OSHKOSH
ss
December 14, 1983
J. M. Kope Contracting
66 Kope Avenue
Oshkosh, WI 54901
Dear Mr. Kope,
Your contract with the City of Oshkosh for demolition
(contract #83-04) is signed and ready to be picked up.
We are holding your performance bond, as it is necessary
that we have your signature.
Please stop in the City Clerk's Office to sign the bond
and pick up your copy of the contract.
Your prompt cooperation in this matter is appreciated.
Sincerely,
CITY OF OSHKOSH
kThil/leet • 4/
DONNA C. SERWAS
City Clerk
DCS:prg
Ct i`r ti,,,L s '.' C , P.» P. 0. BOX 1130 • OSHKOSH, WISCONSIN 54902
SET TAB STOPS AT ARROWS .
• • • • • • • • ■
Certificate of Insurance
mord THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE'AFFORDED BY THE,POLICIES LISTED BELOW.
NAME AND ADDf2ES S OF AGENCY €
COMPANIES AFFORDING COVERAGES
Babbitt Sholund Insurance Agency
P.O. Box 745 JMPAAD" A U. S. Insurance Cc.
Neenah, UI. 54956 r -- — ------
—
i COMPANY B
I L ETTE F2
NAME AND ADDRESS OF INSURED
' COMPANY C
Jaynes Kope 1 LETTER
66 Kope Ave.
COMPANY D
Oshkosh, WI. 54901 !1EDEER
I E
I COMPANY
I LETTER
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described he,ein is subject to all the
terms,exclusions and conditions of such policies. _
— COMPANY 1 POLICY Limits of Liability in Thousands(000)
TYPE OF INSURANCE POLICY NUMBER AGGREGATE
I FTTER I EXPIRA'!ON DA?C EACH
I OCCURRENCE
GENERAL LIABILITY —
1 BODILY INJURY $ $
A
EM CoMPRLHFNSIVF FORM 54n 489798 9 3/8/84
PREMISES—OPERATIONS PROPERTY DAMAGE $ $
['t7 EXPLOSION AND COLLAPSE
HAZARD
UNDERGROUND HAZARD -
adPRODUCTS'COMPLE t ED
OPERATIONS HAZARD BODI A IN:URV AND
®EONTBAL UAL INSURANCE P R P E R Y Y DAMAGE $1 000 $1 000
BROAD `ORM PROPERTY _CLMBINF 0 > >
DAMAGE
INDEPi N,rN" CONTRACTORS
-EHSGfJ7L INJURY
I'_RS iNAL IN 1J'>Y $
AUTOMOBILE LIABILITY BODILY INJU Y I
;f AC H PERSON $
A U COMPf2E HENSIVE !CRY i BY [ILA IN'U5 ! $
)WNF� !EACH A.CiDEJT)
E 540 489798 9 3/8/84
I PA E Y DA I C E 17 HIRED _._s..I X HOOP C TY dD L-� NOS-OWNLU
TY!'BODE TY I AM ,E 19 000
i .J __. S I N.N__.
EXCESS LIABILITY 1 +
—1 I i o; ,r,Nn,Rr .ND
IIMLRI.LA FORM ( I
DR, PERTY DAM A,;E $
'' L i OTHEF2 HAN i;MBRELL A COMBINE D
Darn
WORKERS'COMPENSATION
7 A and 403 28 66 58
EMPLOYERS'LIABILITY I 1 100
I OTHER I _,__ ------- .------
I
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
Wrecking and Excavation
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the Issuing com-
pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIF ICATE HO!.DER.
City of Oshkosh DATE ISSUED 83
Oshkosh, Wisconsin A�
54901 ``
ir UT'HORIZED REPRESENTS rIVE
ACORD 25(1-79)
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COL^:CIL-MANAGER ADMINISTRATiGP
s CITY
V OF
OSHKOSH
•
November 30, 1983
James Kope
66 Kope Ave.
Oshkosh, Wi.
Dear James :
I am sending you a copy of an excerpt from the
specifications of Contract 83 - 04+ (Demolition of
Building) in regard to insurance required. As you
can note from the copy of your insurance and spec.
requirements , you will need more coverage.
Would you please correct this as soon as possible.
Thank you.
City Clerk' s Office
r!�
Deputy City Clerk
CITY HALL • 215 CHURCH AVENUE • P. O. BOX 1130 • OSHKOSH, WISCONSIN 54902