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HomeMy WebLinkAboutPW CNT 84-05/Basler Construction Co Jo MAK 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 consi1eratioh 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 Fronosal. ARTICLE III . PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of 1105.000.00, 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 "_snit Price" basis, the above rentioned fi g u — CEd the performance of the contract the amounts (71== ne for The total number of each of the units of work as set faith 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. IN WITNESS WHEREOF , the Cit-� of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be sub- scribed to by its City Mana :er 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 Presence of CONTRACTOR JIM C . BA LER, d/b/a Basler Construction By: c (Seal of Contractor �%.`�/�/-' if a Corporation ) /// Title) By: (Specify Title) In then Presence of : ,� CITY OF OSH' OSH 1l . '1 Cx T, t.i 1.iy A - By: Al // _�- _ 1 Willi.m D . Frueh, City Manage ° / di, LL,ch �4` 7` _ And: Ai 4 A / I 4 Jar// _ Donna C .Serwas, Czty Clerk I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under the,-within contract. o' Edward A. Nokes , City Comptroller c.. "'` °"" tic Approv d as t. ,rr•: �qq,sO Warren P . Kraft;' asst , di y Attorney � C ` ' ASSIGNOR' S NOTICE OF ASSIGNMENT FILED TO: CITY OF OSHKOSH FEB 2 0 1985 215 Church Avenue Oshkosh, Wisconnin 54901 CITY CLARK OSHKOSH, WI B. I , Jim C. Basler, residing at 3220 Basler Lane, Oshkosh, Wisconsin, (Assignor) by this instrument notify you that on February 1, 1985 , I assigned all of my right, title,and interest in and to any money or proceeds which I am to receive from the City of Oshkosh, Winnebago County, Wisconsin, by virtue of a Construction Contract dated the 3rd day of August, 1984, for Public Works Contract No. 84-05 for the demolition of buildings at 35 Wisconsin St. (Deltox) , Oshkosh, Wisconsin, to Charles H. Basler (Assignee) residing at 3220 Basler Lane, Oshkosh, Wisconsin. Assignee has succeeded to and is vested with all of my rights in and to said money and proceeds . By this notice, you are directed to pay the sum of money assigned to the said Assignee, Charles H. Basler. A copy of the Assign- ment above referred to is attached hereto, marked Exhibit A and made a part hereof. Dated this 1st day of February, 1985 il (// m C. Basler, Assignor MANSKE LAW OFFICE OSHKOSH,WIS. ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: that I , Jim C. Basler d/b/a Basler Construction of 3220 Basler Lane, Oshkosh, WI 54901, in consideration of One Dollar ($1. 00) and other good and valuable consideration, the receipt of which is acknowledge ; , do hereby sell , assign, and transfer to Charles H. Basler, residing at 3220 Basler Lane, Oshkosh, WI 54901, all of my right, title, and interest in and to any money or proceeds which I am to receive from the City of Oshkosh, Winnebago County, Wisconsin, from and after the date hereof under and by virtue of a Construction Contract dated the 3rd day of August, 1984, for Public Works Contract No. 84-05 for the demolition of buildings at 35 Wisconsin St. (Deltox) , Oshkosh, Wisconsin. TO HAVE AND TO HOLD the same unto the said Charles H. Basler, his heirs, executors, administrators, personal repre- sentatives, and assigns absolutely. IN WITNESS WHEREOF I have set my hand and seal this 1st day of February, 1985 . Subscribed and sworn to before me this 1st day of Februar 1985. C (Seal ) . m C. Basler MANSKE William .n e ary Public LAW OFFICE Winnebago County, Wisconsin osHKOSH,wIs, My commission is permanent. EXHIBIT A Bond No 97 66 928 Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE,MD.21203 _ Public Improvement QJJ/ Performance/Labor and Material e 0 Payment Bond 0l(. .» -` 'THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS Po' lire �i TO SECTION 779.14 WISCONSIN STATUTES AND ACTS AMENDATORY TH r ' 01 1 .4'1,5 KNOW ALL MEN BY THESE PRESENTS: That Jim C. Basler DBA Basler Construction Oshkosh, W i s e o n 5f 1 insert 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. 09 (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 84, entered into a contract with Owner for Public Works Contract No . 84-05 -- Demolition of buildings at 335 Wisconsin Street (Deltox) in accordance with drawings a Wisconsin ions 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 . BASLER DBA BASLER CONSTRUCTION /Trincipal By-_-- (SEAL) Witness Title: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �� :�� ! Surety I ;� i_.L. B is ' !1! (SEAL) Witness Title: Lawrence J . Donahue, Attorney—in—fac 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 board 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. • CITY O .I OSHKOSH el § ke, E. ../..-::::-.‘ ----, , - N'4:-* 'Jt/ ir ,e,. Ty '0 ,,,\:,.i.N.,-,..,,' 4.2 August 27, 1984 �. r �rS' The Thomas Corporation P. O. Box 358 Oshkosh, WI 54902 Attn: Tom Pupeter Re: Basler Contract/Deltox Demolition Dear Mr. Pupeter: Per our phone conversation of this date, enclosed please find a copy of the above contract, corrected as requested by the bond company, to designate Basler Excavating as "Jim C. Basler d/b/a Basler Construction", which thereby conforms to the bid bond designee and the actual state of ownership of the business as a sole proprietorship. The original and copies are being recirculated for proper signatures. Thank you for your courtesies. Very truly yours, CITY OF OSH • H \....__)W-�.;,..�� r Warren P. Kraft. Asst. City Attorney WPK:LZ Enc. cc: William D. Frueh - City Manager Donna C. Serwas - City Clerk Jim C. Basler - Contractor P. 0. BOX 1130 • OSHKOSH, WISCONSIN 54902 PH: (414) 236-5115 4,,, r^,_ ? , 'q`#*k',,,)E•s Yi,.1`ti , :4;t y v ;;`4�,"'ay,9� r_,. x y .'. > ..; ,'F_ n _ tik6 :_i! t �. yt"4 tr,; "i, e e A ' ax • 'T�FIflOxi.C�[ t a4 ISSUE DATE(MMlDDIYY)'® ;, �= � ' � E : ,, f . Ate ,PRODUCER 4.,s THIS CERTIFiCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS $fe `; * I. the TItemes sv., rt i) EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. • XnCtirmIce Pmftua1C xais P. El. Sox 3r'k COMPANIES AFFORDING COVERAGE Orshi�osit. Iii 5,4902 -A+ti " t41�s) 2 3�ti5!�I LETTER A It:uv1Rndf Casualty C�3r'':y T 9 COMPANY ` ill INSURED .Z , , LETTER B i Northwestern Natiodiaicoatktty' Co. :„. \v Ji C I ; } \ ° COMPANY �'' LETTER C Greet r'►£riCu 1f1."virar e j Boater Construction'• , "`� ,R> 1er Ulna tt ''.� COMPANY p �� /�� `• 4•;?N '', OSTA eh/ WI 5401 . 1 LETTER �r.y, v d - ' - -. LETTER E �,b 0 ��Gi��� e��ovEaaGES .:> � THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY I4RIOD INDICATED. la 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. ..' CO LIABILITY LIMITS IN THOUSANDS 54. POLICY EFFECTIVE POLICY EXPIRATION `� TYPE OF INSURANCE POLICY NUMBER 5 i LTR DATE(MM/DOlYY) DATE(MM/DDlYY) EACH p,GGREGATE : '<� OCCURRENCE GENERAL LIABILITY BODILY ' ® COMPREHENSIVE FORM '. " 13,14,3.8 7 81ifi/f34 31/O1/335 INJURY $ $ ,r © PREMISES/OPERATIONS PROPERTY t4, © UNDERGROUND DAMAGE $ $ ",. EXPLOSION&COLLAPSE HAZARD ; ° © PRODUCTS/COMPLETED OPERATIONS ., © CONTRACTUAL BI 8 BI Ct r4 COMBINED } ► $ � '' 4 is L INDEPENDENT CONTRACTORS ac�� ts" BROAD FORM PROPERTY DAMAGE cf © PERSONAL INJURY PERSONAL INJURY $1,fl0C3, ' AUTOMOBILE LIABILITY t �f7 f r�1 BODILY ', © ANY AUTO B±ti3n2 :� Ut 1./x34 11/91/05 (PERRPERSON) $ '' '1': , -1.it ■ ALL OWNED AUTOS(PRIV. PASS. BODILY ALL OWNED AUTOS OTHER THAN) INJURY $ �!' PRIV. PASS. (PER ACCIDENT) 3 ® HIRED AUTOS y: PROPERTY ,. yEx,�i. NON-OWNED AUTOS DAMAGE $ ow A js,x T .x Ill GARAGE LIABILITY CI OMPID NED $�!}7 M �� ns, a , %- EXCESS LIABILITY Ili UMBRELLA FORM C'�'110+i.3535f'�f�; 0 U2!i6il4 2/14/05 BI a PD t ig 4, $.700 , COMBINED f 4' ! . OTHER THAN UMBRELLA FORM i' 4 t - 41.1404 STATUTORY "'y R rsa A,.' ,, w WORKERS'COMPENSATION T'5f13299 3� ✓ / ,,1/r�l i AND :.p $ (EACH ACCIDENT) (DISEASE-POLICY LIMIT) )• EMPLOYERS' LIABILITY t' : `r •$ (DISEASE-EACH EMPLOYEE) ,e;.., OTHER v€. DESCRIPTION OF PERATIONS/L ATIONSNEHICLES/SPECIAL ITEMS yp Pet Pe1tttX kn1it,trt �• *. Y,; Note: Certificate Hold e* is Also added as Additional Naafed Irnt'u t. ERTIrICATE HOLbEn . ,'CANCELLATION tr .G.:i or.';;. ,.. . .... . .1 -' .' .r r+....,.,wa, ..»�,.,. ..� .. wa A r° '' City or O i ikos! SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- c sienknen, A71 1S Ct a MAIL�RN DATE DAYS WRITTEN FNOTIiCE TO THE CERTIFICATE HOLDER NAMED TTO THE i LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Attnt City Clerk AUTHORIZED REPRESENTATIVE VA COFIO 2 (2/84) 4 ' ; -. �.,` � fy : ••#E ., --.44 -- ; © IIR/ACORD bbliPO 1AtfON 19 ;