HomeMy WebLinkAboutFoust Excavating/Raze 530 Grand St 1982 A G R E E M E N T Wif
THIS AGREEMENT made and entered into this 10th day of November 19 82
by and between FOUST EXCAVATING of
563 Boyd Street. Oshkosh. WI , 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 4th day of November , 19 82 , 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 fmxx to raze house and shed at 530 Grand
Street, Oshkosh, Wisconsin,
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 $ 1,775.00 , 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: FOUST "CA,'
By: ►,• (Owner)
Sig -:0, e o sole proprietor, or name
or corporation or partnership
President or Partner
Secretary
CITY OF OSH SH
By: /de �'e e
Gam!
WILLIAM D. FRU H, City Manager
k / ( By: ��1(.og-ei
, Clerk
I hereby certify that the necessary
provisions have been made to pay the
Approved as to form liability that will accrue under this
coa act:
Ammuommegatacquatmow EDWARD A. NOKES, City Comptroller
TOM W. AHRENS, Asst. City Attorney
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Department of Administration
Purchasing Division
P.O. Box 1130
Oshkosh , WI 54901
NOTICE TO VENDORS :
1 . We are submitting herewith for your consideration an in-
vitation to bid on:
RAZING AND REMOVAL OF HOUSE AND SHED AT 530 GRAND ST.
2 . Bids must be addressed to Oshkosh Purchasing Division ,
Department of Administration, City Hall , Oshkosh , Wisconsin .
Envelope shall show name of bidder , and must be plainly mark-
ed in the lower left hand corner "Bid for Razing of Buildings " .
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, October 26 , 1982 .
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
calendar days 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 an date
above stated. Award, if any , will be made as soon thereafter
as practical .
7 . A certified check , cashier ' s check , or bid bond , payable to
the City of Oshkosh , Wisconsin ,in an amount of five (5%)
percent must accompany the bid as a guarantee that if the
bid is accepted, the bidder will execute and file the proper
contract within ten (10 ) days after award by the Common
Council and receipt of contract form for signature . Return
of certified check , cashier ' s check, or bid bond will be ex-
ecuted when the contract is signed.
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: October 16 , 1982
GENERAL PROVISIONS
1 . Proposals shall be submitted on the sheets provided by the City of Oshkosh
and proposals not submitted on those forms will be considered irregular and
will not be read.
2. Unless stated otherwise in the specifications, all equipment or commodities
shall be new and the manufacturer's current model , complete with all standard
equipment and accessories.
3. Full identification of equipment or commodities quoted upon, including
brand, make, model , catalog identification number (if any) , and descriptive
literature where possible, must be furnished with the bid as an aid in
checking the bid against specifications. If the item bid varies in any way
from these specifications, special mention must be made of such points or
it will be understood that the bidder proposes to meet ,all details of the
specifications.
4. Unless stated otherwise in the specifications, all prices shall be F.O.B.
Oshkosh, Wisconsin, stated destination, with all Federal Excise and Wisconsin
Sales taxes deducted. The City of Oshkosh is exempt from these taxes and
will furnish proper exemption certificate, if requested by the successful
bidder.
5. If a warranty applies, the bidder shall state the conditions of warranty.
6. When requested in the specifications, the bidder must state the nearest
location were parts and repair service will be available.
7. Delivery date must be stated in realistic terms to enable the bidder to
adhere to them.
8. Indicate your terms of payment. The City of Oshkosh pays invoices on the
first and third Thursday of the month.
9. If there are several items in the bid, the City of Oshkosh reserves the
right to accept separate items or to award the total bid to one supplier,
whichever is in the best interest of the City. If you bid is qualified in
this respect, clearly state whether your bid is for "all or none" or to
what extent it is qualified.
10. If there is a trade-in, the City of Oshkosh may elect to accept the bid
with trade-in or without trade-in, whichever is in the best interest of the
City.
11 . Equipment or items must conform to all applicable Federal Occupational
Safety and Health Act provisions.
12. If two or more bidders submit identical bids and are equally qualified, the
decision of the City to make award to one or more of such bidders shall be
final . Selection shall be made by drawing lots. Cash discounts, when 10
days or longer are allowed will be considered.
SPECIFICATIONS
RAZING AND REMOVAL OF HOUSE AND SHED
1 . The work consists of razing and removing the material from:
The house and shed at 530 Grand Street.
2 . The successful bidder shall obtain a wrecking permit prior
to beginning work, and his bid is to include paying the
required fee for such permit .
3 . Leveling or backfilling of the lot and foundation after removal
of the debris will be done so as to leave no exposed risk areas .
4. The successful bidder will disconnect all utilities according
to City Code.
5 . The bidder shall provide and maintain all items of protection
including barricades , guard rails , warning lights , and lot
signs that may be required.
6 . Materials forming permanent part of the building requiring
demolition or removal will become the contractors ' s property ,
and shall be removed from the site and disposed of at no
additional cost to the City .
7 . The bidder will not be allowed to sell material at the site
unless approval is given by the City.
8 . The bidder shall not dispose of any material by burning at the
site.
9 . Upon completion of work , the bidder shall remove all tools ,
materials , equipment , and rubbish and leave premise in a clean,
neat , and orderly condition . Any damage to shrubbery, trees ,
or flowers shall be the bidder ' s responsiblity and shall be
repaired or replaced to the original condition .
10 . The bidder will complete all work , as specified. on or before
November 19 , 1982 .
11 . The successful bidder will carry during the removal project
a minimum of 100/100 ,000 Liability Insurance . The insurance
coverage shall , in all instances , show the City of Oshkosh as
an additional insured and shall save, defend, indemnify , and
hold harmless the City against any and all manners of claims ,
demands , liabilities , damages , or any other costs which may
accrue in the protections of the work and that he will save ,
defend, indemnify and hold harmless the City from all damages
caused by or as a result of his operations . The contractor shall
also carry Worker ' s Compensation Insurance on his employees .
no insurance shall be concelled without notifyling the City in
writing thirty (30 ) days before such cancellation.
Proof of Insurance:
The contractor shall furnish the City with satisfactory
proof of insurance. This shall consist of a signed cert-
ificate of insurnace filed with the City Clerk , prior to
beginning work.
12 . As the owner of the house and shed at 530 Grand Street .
the right to remove this structure , the contractor is sub-
mitting a bid with the understanding that his could happen, and
even though your bid was requested and submitted in good faith,
it could be rejected if the owner finally decided to have it
done rather than have the City do it and charge for it .
13 . The Contractor shall furnish a surety bond in an amount of
at least equal to 100 percent of the contract price as surety
for the faithful performance of this contract and for the
payment of all persons performing labor and furnishing materials
in connection with this contract .
14 . For further information bidders can call Ed Reimer at 424-0373 .
PROPOSAL
RAZING BUILDINGS
We , the undersigned, propose to raze and remove the following house
and shed as per specifications , for the following sum:
House and shed at 530 Grand Street.
Will commence in days after receipt of order .
Will complete in days .
Name of Company
SUBMITTED BY:
' Name and title of person making
out the bid.
1982
Date Address of Company
PROPOSAL
RED LIGHTS , SIRENS AND SPEAKERS
We , the undersigned , propose to furnish the City of Oshkosh , Wis-
consin, with the following equipment , F .O.B. Police Department ,
for the following amounts :
7-10 units- Federal Siren 200 PA 150 $205. 00 $
EACH TOTAL
7-10 units- Federal Speaker TS 200 $ 217. 90 $
EACH TOTAL
7-10 Aero Dynic Emg . Lights
Model 24MEAH
With mounting , bar & bracket ( 24HK)
to fit Pontiac Bonneville $ 415 . 00 $
EACH TOTAL
7-10 Federal Switch Module SW 70
Model with SW-6 Switch $ 30. 78 $
EACH TOTAL
7-10 Switch Relays $ 12 . 75 $
EACH TOTAL
3
Delivery 10 days - Two weeks after receipt of order .
'A L\
Warranty: One year parts and labor 4\ .
q0
Service Center : W.A. VORPAHL, INC.
Terms : % Net 30 days
W.A. VORPAHL, INC,.
NAME OF COMPANY
SUBMITTED BY: Craig Vorpahl
NAME & TITLE OF PERSON MAKING OUT BID
526 Lambeau Street
January 7 , 1983 Green Bay, WI 54303
Date ADDRESS OF COMPANY
NOTE: If the City will need any other installation hardware , please
specify
,
•
SURETY BOND NUMBER 194224-55-2
Public Official, Bid, Contract,
and License or Permit Bonds
INTEGRITY MUTUAL INSURANCE CO.
APPLETON, WISCONSIN
SURETY BOND
KNOW ALL MEN BY THESE PRESENTS
That we, JEFF FOUST EXCAVATING , as Principal,
and the INTEGRITY MUTUAL INSURANCE COMPANY, a corporation organized under the laws of the State
of Wisconsin and having its principal office in the City of Appleton, Wisconsin,as Surety, are held and firmly
bound unto CITY OF OSHKOSH, WISCONSIN
in the penal sum of ($ 5% of attached bid
57. of Attached Bid Dollars,
lawful money of the United States of America, for which payment, well and truly to be made, we jointly
and severally bind ourselves, our successors, administrators and assigns, firmly by these presents.
SIGNED, SEALED, and DATED this 28th day of October , 19 82.
WHEREAS the aforesaid Principal has submitted its bid_ for Razing and Removal of House
(If a bid bond insert"submitted its bid for,etc.")
and shed at 530 Grand St. , Oshkosh, WI
(If a Contract Bond insert"entered into written contract with aforesaid Obligee dated,etc.")
(If a Public Official Bond insert "been elected or appointed (name) for the term beginning (date) and ending (date)")
(If a License or Permit Bond insert "been granted a license or permit as (name business) by the said Obligee for the period of one year from (date)")
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal
shall be awarded the contract upon said bid and undertake said contract
(If a Bid Bond insert"be awarded the contract upon said bid and undertake said contract")
(If a Contract Bond insert"comply with the terms and conditions of the aforesaid contract")
(If a Public Official Bond insert'faithfully perform the duties of said office")
(If a License or Permit Bond insert "comply with the laws of the aforesaid Obligee governing said License or Permit")
then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED: FIRST: — That the liability of the Surety shall in no event exceed the penalty of this Bond.
SECOND: — If this is a Bid Bond, any proceedings at law or in equity brought against said Surety to re-
cover any claim hereunder, must be instituted within six (6) months from the date of this
instrument.
No further conditions
(If no further conditions insert "no further conditions")
Jeff oust Excavating .
By: ,, 0402.-<>(1
Principal
INTEGRITY MUTUAL INSURANCE COMPANY
By
A. t E Jurgen Attorney-in-Fact
BS 1948- 1/75
Insurance Associates
101 High Avenue
Oshkosh, Wisconsin 54901 Integrity Mutual Insurance Co.
Jeffery Foust
563 Boyd Street
Oshkosh, Wisconsin 54901
100
A GLA 900297412
6-5-83 50 50
L.N1,
ANA N
AUTOMOBILE LIABILITY Ber NJ,,RY 00
A x GLA 900297412 6-5-83 PUP":C N
• •EAD,AC(IHE NT)
qr) N'
PROFg PT t 4,M1.^4Gt
IN,OP‘ ANL,
7P0E,P:-■
EXCESS LIABILITY
VEHE F
,NOPKERS COMPENSATION
and
EMPLON' R5 IABILITsf
OTHER
A Inland Marine M 900297502 6-5-83
^,r,-(7,F(EHON PC S7NS,VE Ht( E.',
General excavation work
Cancellation. P,1) ihov- des,--.oed raps hE cnce! cetoe E.‘xr.ra'ion e am
ivr), d a •ot,ce ta rhe, ac s named raf=2 h7 4,e'we cc
r-5'; sh,, r case -0 ob,ir,a+ a w ,2h,l'ty of lr‘j k U1D0(1 `F y
CAT
November 191
City of Oshkosh 1982,
Office of City Clerk
215 Church Avenue
Oshkosh, Wisconsin 54901
• Prg'r
ACORD 25(1 79)
DATE AND ATTACH TO ORIGINAL BOND
INTEGRITY MUTUAL INSURANCE CO.
APPLETON, WISCONSIN 54912
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the INTEGRITY MUTUAL INSURANCE COMPANY, APPLETON,
WISCONSIN, a Wisconsin Corporation, having its principal office in the City of Appleton, County of Outagamie, State of
Wisconsin, pursuant to the following Resolution, adopted by the directors of the said Company on November 6, 1968, to wit:
"RESOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have
power and authority 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. Said officers may at any time remove and revoke the authority of any such appointee. The Corporate
Seal is not necessary for the validity of any bonds of the corporation."
does hereby constitute and appoint Richard A.Paulsen,Willis R.Johnson,M.E.Jungen,Robert R.Brennan,W.E.Gierke
Cornelius J. Faulkner,Jr.
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 under-
takings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,
—WITHOUT LIMITATIONS—
and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTEGRITY MUTUAL
INSURANCE COMPANY, APPLETON, WISCONSIN, 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.
IN WITNESS WHEREOF, THE INTEGRITY MUTUAL INSURANCE COMPANY, APPLETON, WISCONSIN, has caused
these presents to be signed and its corporate seal to be affixed by its authorized officer this 3rd day
of August 19 81
Attest —" �
/ / Richard A.Paulsen,President
Willis R.Johnso . (•President
STATE OF WISCONSIN
COUNTY OF OUTAGAMIE
c
() <5,. lei/
On this 3rd day of August , 19 81 , before me, a notary public;'care the individu #
to me personally known, who executed the preceding instrument, and being by me duly sworn, said iA$ e i., . rei
described and authorized officer of the INTEGRITY MUIUAL INSURANCE COMPANY APPLETON #I's 1 ,.,', : •th } y
seal affixed to said instrument is the corporate seal of said Company, and the said corporate seal APPLETON, hi sill Cd •wer Jag
duly affixed by the authority and direction of the said Corporation. fr'
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed my official seal at the City of Ap fbn
year first above written. •�� 47.. �••�
My commission expires December 30, 1984 /-
ohn L.Mc oy,Notary Public
STATE OF WISCONSIN t ss.
COUNTY OF OUTAGAMIE
I. Cornelius J.Faulkner,Jr.
���
_`
Secretary of
MUTUAL INSURANCE CO.,APPLETON, WISCONSIN,do hereby certify that the foregoing is a tru cerrect'Z.'og•
Power of Attorney issued by said Integrity Mutual Insurance Company, Appleton, Wisconsin, and that �y",Cw FJN 1aZo'4y
with the ORIGINAL on file in the Home Office of said Company, and that it is a correct transcript I6vod-of the h
of the said original, and that the said Power of Attorney has not been revoked and is now in full =;us is effect,._, i n
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretar and thesto�pgr�t�seal;c
of the Company at the City of Appleton, Wisconsin, this _ d `A/ � s
k'/ I 0
4 �
Cornelius J Faulkner,Jr.,Secre
BS- 1940 7/81 RV.
STATE OF WISCONS;,N JURAT
88.
COUNTY OF OUTAGAMIE
On this c=2 6' day of , 19 Zbefore me,
a Notary Public, within and for said County and S :te, personally appeared
(Name of Attorn ' aet 3tg g Bond)
to me personally known, who being duly sworn, u,•n oath, •id say that he is the Attorney-in-Fact of and
for the INTEGRITY MUTUAL INSURANCE COMPANY, a corporation created, organized and existing under
and by virtue of the laws of the State of Wisconsin; that the Corporate seal affixed to the foregoing
within instrument is the seal of said Company; that the seal was affixed and the said instrument was executed
by authority of its Board of Directors; and the said affiant did acknowledge that he executed the said instru-
ment as the free act and deed of said Company. , I
Notary Public
My commission expires OCT 12 198E
•
PROPOSAL
RAZING BUILDINGS
We , the undersigned, propose to raze and remove the following house
and shed as per specifications , for the following sum:
House and shed at 530 Grand Street .
$ / 77S, o0
Will commence in / 0 days after receipt of order .
Will complete in /5/ days .
FT;v.r?" �.NG 4 rte./ ;
Name of Company
SUBMITTED BY: e . , r
Name and title of person making
out the bid.
e2c1, . 1982 -r6 royal 11'7
Date Address of Company
PROPOSAL
RAZING BUILDINGS
We , the undersigned, propose to raze and remove the following house
and shed as per specifications , for the following sum:
House and shed at 530 Grand Street.
Will commence in days after receipt of order .
Will complete in /9 days .
Name Company
SUBMITTED BY: �-�t� sa�"
Nam and title f rson making
ou"the bid.
1982 Z e ��r� Pit ecy tAddress of /ompany
te