HomeMy WebLinkAboutPW CNT 84-05/Basler Construction CONTRACT ROUTING SLIP
CONTRACTOR: JIM C . BASLER, d/b/a Basler Construction
NATURE OF CONTRACT: Public Works Contract No. 84-05
(After processing through your office, pass on to next name on slip) .
DEPARTMENT INDIVIDUAL DATE PROCESSED
TO PROCESS TO PROCESS IN OUT
riginate ounce a.te
PITY ATTORTEY L.Z 8/2/84 8/27/84 ***
CITY CLERK
CONTRACTOR
CITY CLERK
CITY MANAGER
CITY CLERK
JP
COMPTROLLER '! G - ,,'.
CITY CLERK �r
OTHER
CITY ATTORNEY "
CITY CLERK
ro DISTRIBUTE
pOPIES
ADDITIONAL EXECUTED COPIES TO:
*** This is a revised contract correcting the name to Jim C . Basler,
d/b/a Basler Construction
CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 3rd day of August, 1984, , by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as
the CITY, and JIM C. BASLER, d/b/a Basler Construction of 3220 Basler
Lane, Oshkosh, WI 54901 , party of the second part, hereinafter referred to
as the CONTRACTOR,
WITNESSETH: That the City and the Contractor, for the
consideration 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. 84-05, for the demolition of buildings at 35
Wisconsin St . (Deltox) , pursuant to Resolution #10 adopted by the
Common Council of the City of Oshkosh on August 2, 1984 ,
all in accordance and in strict compliance with the Contractor's
proposal and the other contract documens referred to in ARTICLE V of
this contract.
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 1105.000.90, 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
1
a "Unit Price" basis, the above mentioned figure is an estimated
for the performance of the contract the 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 demands 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
5 . 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 enumer-
ated 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 "Con-
tractor" 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 sub-
scribed to by its City Manager and City Clerk and countersigned by the
Comptroller of said City, and the party of the second part hereunto
set its, his or their hand and seal the day and year first above
written .
In the Pr ence of:401, TNTRACTOR
C----- ----4t --
JIM C . BASLE�R, d/b/a Basler Construction
i
/ r , , -, -/ 1--------
(Seal of Contractor ,
if a Corporation ) ,Specify Title)
By:—__-- -
(Specify Title)
In the Presence of :
, , r CITY OF OSH, OSH
. k n D. �x, ` Ci.( By: ,,
4"
") Willia D. Frueh; City Manager
L/ _ And: r 4 14/N/k1 "iZ 04,/,'
onna C .Serwas," City Clerk
I certify that provisions have been
made to pay the liability that will
accrue to the City of Oshkosh under ' `a
th • within contract. e=
Edward A. Nokes , City Comptroller �N '
}
Appoved as to,, form:E4:
Warren P . Kraft, Asst, City Attorney
3
Bond No 97 66 928
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE,MD.21203
Public Improvement
Performance/Labor and Material
Payment Bond
THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
TO SECTION 779.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO.
KNOW ALL MEN BY THESE PRESENTS:
That Jim C. Basler DBA Basler Construction
Oshkosh, Wise ongiinsert name and address or legal title of the Contractor)
as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation
of the State of Maryland, with its Home Office in the City of Baltimore, Maryland, and duly authorized and
licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly
bound unto City of Oshkosh, Wisconsin
(Name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount
of ONE HUNDRED FIVE THOUSAND AND NO/100
Dollars ($ 105, 000. 0(
(Here insert a sum at least equal to the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc-
cessors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated August 3, 19._$4, entered into a
contract with Owner for Public Works Contract No. 84-05 -- Demolition of buildings
at 35 specifications Wisconsin Street (Deltox)
in accordance with drawings a prepared by
(Here insert full name,title and address)
which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes,
to contain in substance the following provision:
The Contractor shall pay all claims for labor performed and materials furnished, used or consumed in
making the public improvement or performing the public work, including, without limitation because of
enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus,
tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes,
premiums for workmen's compensation insurance and contributions for unemployment compensation.
The said written agreement, drawings, specifications and amendments are hereinafter referred to as the
Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14,
Wisconsin Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every
person entitled thereto for all claims for labor performed and materials furnished under the Contract, to be
used or consumed in making the public improvement or performing the public work as provided in the Con-
tract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject,
however, to the following conditions:
(1) No assignment, modification or change of the Contract, or change in the work covered thereby,
or any extension of time for the completion of the Contract shall release the sureties on the bond.
(2) Not later than one year after the completion of work under the Contract, any party in interest
may maintain an action in his own name against the Principal and the Surety upon this bond for the
recovery of any damages he may have sustained by reason of the failure of the Principal to comply with
the Contract or with the Contract between the Principal and his subcontractors. if the amount realized
on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the
parties pro rata.
Signed and sealed this 31st day of August , 19 84 •
In the presence of: JIM C . F.ASLER DBA BASLER CONSTRUCTION
1 ncipal
`2"p ! =(SEAL)
Witness Title N('rot,
FIDELITY A■ ' OSI� ' <)MPANY)O MARYLAND
\ �J( ,�t� BY-- if e_,__ "c ' `.,/ (,icf � ---(SEAL)
Witness Title: Lawrence J . D'onahue, Attorney—in—fa,
Approved by*
In the presence of:
Owner
By (SEAL)
Witness Title:
*This bond shall be approved in the case of the state by the state official authorized to enter such contract,
of a county by its district attorney, of a city by its mayor, of a village by its president,of a town by its chair-
man,of a school district by the director or president and of any other public hoard or body by the presiding
officer thereof.
C3018(WI)-500,5-83 217605
Public Improvement Performance/Labor-Material Bond
Wis.AIA Doc.Wis.A312 Jan.1969 Ed.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE,BALTIMORE,MD.
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the
State of Maryland, by C. M. PECOT, JR. ,Vice-President, and C. W. ROBBINS
Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which
reads as follows:
"The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents
specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary
or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the
Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings, necognizances,
stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of
mortgages,... and to affix the seal of the Company thereto."
does hereby nominate constitute and appoint John Markotic, Richard G. Rohn, R. Hohensee, Edith
A. Linke, Lawrence J. Donahue, Jeffrey R. Meisinger, Annette Crozier and Brent E.
Rice, all of Milwaukee, Wisconsin, EACH
•s.a .
its true and lawful agent and Attorrfey-in-Fact,to make,execute,seal and deliver, or,and on its behalt as surety,anus
its act and deed: any and all bonds and undertakings
e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the
regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of John Markotic, etal, dated,
October 14, 1983.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is
now in force.
IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day
of May , A.D. 19..84....
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
t ATTEST:
am cm_
SEAL e (� B (: ��
m.
y
Assistant Secretary Vice-President
STATE OF MARYLAND :
CITY OF BALTIMORE 1
On this 14 th day of May ,A.D.1984 ,before the subscriber,a Notary Public of the State of Maryland,in
and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,
and they each acknowledged the execution of the same,and being by me duly sworn,severally and eac'.for himself deposeth and saith,that they are
the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the
said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore the day and year first above ritten.
f NOTAR
t.s ; Notary Publ Commiss' n pires...July...la...116E
'4•ar de.
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of
Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the
Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to
• appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July,1969.
RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or
hereafter,wherever appearing upon a certified copy of any Qower of attorney issued by the Company,shall be valid and binding upon the Company
with the same force and effect as though manually affixed.'
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 31St day
of August 19._.$4 .
L1428e-01. —184 Assistant rotary
FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK
V V V
V ' �V ' V V
SET AB oTO'u^rARROWS
IS::,./e o^r /ww mo�,Of m CERTIFICATE�� , 08/24/84
PRODUCER
mmCER rmmTE(S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
monm*ra UPON THE csnr/noArsHOLDER.r*moEnr/p�ATsDOES NOT AMEND
The Thomas Corporation i EXTEND onALTER THE COVERAGE AFFORDED av THE POLICIES BELOW. '
Insurance Professionals ----------'-------- - ---
P. O. Box 358 COMPANIES AFFORDING COVERAGE
Oshkosh, WI 54902 --
(414) 235_6461 cvmp«m' A Casualty Company LETTER/ _---_
COMPANY
INSURED LETTER B Northwestern National Casualty Co,
|COMPANY
Jim C. Basler DBA / ��rren @� Great American Insurance Co.
Basler Construction -----
COMPANY
3220 Basler Lane LETTER
Oshkosh, WI 54901 ----
COMPANY
LETTER
� ' COVERAGES`
THIS IS TO CERT LoW HAVE BEEN ISSUED TO THE I ABOVE FOR THE P
CO 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 HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
TYPE POLICY pm�,��mv moo�nxmmw uAo/urvum/Ta/wTHOUSANDS
' LTR DAeiwM,»^av) »^TE(wM/»»/YY) EACH
AGGREGATE
W144,14-m' OCCURRENCE
GENERAL LIABILITY BODILY
�
$
A ^ COMPREHENSIVE FORM SMP34431087 01/01/84 01/01/85 INJURY
. PREMISES/OPERATIONS PROPERTY
UNDERGROUND DAMAGE � $
^ EXPLOSION u COLLAPSE HAZARD
= L E D
Ell&po PRODUCTS/COMPLETED OPERATIONS
I CONTRACTUAL COMBINED $l'OOO' $ 1,000.
INDEPENDENT CONTRACTORS
AUG 7 1984
BROAD mempm�smnuxmxo ' `~`° 2 ~~~ '
PERSONAL INJURY ' PERSONAL INJURY $ l,OOO,
CITY CLERK
AUTOMOBILE LIABILITY n ��5»wKobH^ WIS. ` �m
B ANY AUTO 8A03 °- 30 | 01/0I/84 01/01/85
INJURY $
ALL OWNED AUTOS (PRIV PASS) BODILY
INJURY $
ALL OWNED AUTOS/»� Rrw�) rmmo'�xn
`pmvnms�,
IC HIRED AUTOS PROP
6�����'' �
NON-OWNED AUTOS
GARAGE e/x,o
��m COMBINED � 5OU
��| '
' --- /
EXCESS LIABILITY
C UMBRELLA FORM
OTHER UMBRELLA ^m PRO6353586OO 02/16/84 02/16/85 poso $l,OOO, $1,000,
STATUTORY B
.,.0„ ,
WORKERS'COMPENSATION TC521328836 0I/01/84 01/01/85 RIO, -��H�CCIDEN�
AND -�-
-
$ (DISEASE-POLICY
EMPLOYERS' LIABILITY �8�� '-----
�N*'' $ (DISEASE EACH EMPLOYEE)
OTHER
|
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Re: Deltox Demolition
Note: Certificate Holder is also added as Additional Named Insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY op THE ABOVE DESCRIBED po�� ISSUING uc'soss CANCELLED BEFORE THE E�
City of Oshkosh p/nAr DATE rxsnsop. THE ISSUING COMPANY WILL ENDEAVOR TO
215 Church Avenue MAIL �» DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Oshkosh, WI 54901 LEFT,BUT FAILURE TO MAIL SUCH NOTICE S IMPOSE NO OBLIGATION OR LIABILITY
op ANY KIND u�"m THE COMPANY, IT .os' S OR REPRESENTATIVES.
,
AUTHORIZ `'-EP' SENT"'s—_—
��p
Attn: City Clerk wr
ACORD 25 (2m4) �.) xM/mCORo CORP"RATION 1eu4
.-,.. _ ...z..«....,.•.,-..w—.............................-4--...... ,........ww•i:i.,..-,a` ..4...,e._5., .,.,«8 u:....<aa„�..w 't`=x =r5rs ., y �" - 1Er�:e�i,
- V91 -
H•Ig• 0
a-
C 6
•♦ • C
P r
0 6;^0 17 ..
E6
y e1 i • • i
> d ° E
A 2
A
p ^C A C
A ;r
4• •• A
4 C
X !^.V •/
gv
°a 0 it
4 1 2
•
I °�ml
S.
A
S 0 A
S
•
a • R
(X('�
!w S
rr 0
-• .3
^3
6 r w
I 1
6
r
z.
0-,..• C
I O F• I O Q
9C .,
z• PI m
!a => r
�' m
: i I..- w g y C'O
S I. I- ∎ u aa-
v n
I • $ ° D
6
o
� 6
> Z
; os 1 ,
►X l^.
O p I
S > - — ^.
o p
• A
> l C c 9 : .fl I
D6 0, C $ N Y c
• $
0.
O -0
6 R m
._ Pt1
c 5rI
m . u 5'
0 0
°n ' °
I m • n • ^ H;. ° 2- °I BIZ
a o
I
I I ,��,
Ot# uotlnjosag