HomeMy WebLinkAboutRoddie E. Beaudoin & Son Co CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 16th day of May, 1986 , by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as
the CITY, and RODDIE E. BEAUDOIN & SON CO. of N59 W14224 Kaul Ave.,
Menomonee Falls, WI 53051 , 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 No. 86-10
For concrete pavement and appurtenent work for Public Works
Department , pursuant to Resolution #88 adopted by the Common
Council of the City of Oshkosh on 15th day of May, 1986,
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 $240,253.10 , 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 Presence of: CONTRACTOR
RODDIE E. BEAUDOI. & SON CO.
h
'`� By: . ___
(Seal of Contractor
if a Corporation ) •ecify Title)
By:'_____� _, ,-' --0----
(Specify Title)
-,,\ CITY OF 0 KOSH .7
By: /. -
z
(Wit ss) ' Will am D. Frueh, City Manager
;
su i
G'
And .tV ' " ;X? //( ftZ'i7,0i(W ess)
Donna C.Serwas, City Clerk
I certify -that provisions have been
made to pay the liability that will
accrue to the City of Oshkosh under
the within contract.
1 , r, ,r�
c...a_...ft. . jt_,,,-4,
Edward A. Nokes , City Comptroller
Apprived as 4 For
Warren P. Kra 't A. st, City Attorney
3
_ u' ST.PAUL FIRE AND MARINE
&Llat>t�ly INSURANCE COMPANY
Property Insurance St. Paul, Minnesota's
A Capital Stock Company
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 Feb., 1970 Edition
KNOW ALL MEN BY THESE PRESENTS: That RODDIE E. BEAUDOIN & SON COMPANY,
N59 W14224 Kaul Avenue, Menomonee Falls, WI 53051
(Here insert the name and address or legal title of the Contractor)
as Principal,hereinafter called Contractor,and,ST. PAUL FIRE AND MARINE INSURANCE COMPANY,a corporation
organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety,
hereinafter called Surety, are held and firmly bound unto
CITY OF OSHKOSH
(Here insert the name and address or legal title of the Owner)
as Obligee,hereinafter called Owner, in the amount of Two Hundred Forty Thousand, Two Hundred
Fifty—Three and 10/100 Dollars ($ 240,253.10
),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated May 16 1986 ,
entered into a contract with Owner for
Public Works No. 86-10, Concrete Pavement and Appurtenent Work
in accordance with drawings and specifications prepared by
(Here insert full name, title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,
then this obligation shall be null and void;otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of succession of defaults under the contract or contracts of completion
time made by the Owner, arranged under this paragraph) sufficient funds to pay the cost of com-
pletion less the balance of the contract price;but not exceeding,including
Whenever Contractor shall be, and declared by Owner to be in
default under the Contract, the Owner having performed Owner's other costs and damages for which the Surety may be liable hereunder,
obligations thereunder, the Surety may promptly remedy the default, the amount set forth in the first paragraph hereof. The term "balance
or shall promptly of the contract price," as used in this paragraph, shall mean the total
amount payable by Owner to Contractor under the Contract and any
1) Complete the Contract in accordance with its terms and condi- amendments thereto, less the amount properly paid by Owner to Con-
tions, or tractor,
2) Obtain a bid or bids for completing the Contract in accordance Any suit under this bond must be instituted before the expiration
with its terms and conditions,and upon determination by Surety of the of two (2) years from the date on which final payment under the con-
lowest responsible bidder, or, if the Owner elects, upon determination tract falls due.
by the Owner and the Surety jointly of the lowest responsible bidder, No right of action shall accrue on this bond to or for the use of
arrange for a contract between such bidder and Owner,and make avail- any person or corporation other than the Owner named herein or the
able as Work progresses (even though there should be a default or a heirs, executors, administrators or successors of Owner.
Signed and sealed this 27th day of May A. D. 19 86
In the presence of: RODD..E E. BEAUDOIN SON COMPANY (Seal)
i k (P inci a
� �l�1r t\
«-)Gt:rl,C' E . !�4,'L.-����-'�'"`"- k of----
(Witness) it e) i -AIL-
,
/. /, s T- i re and Ma ine Insurance Company (Seal)
Vkiiih0 B- /
(Sur(
( fitness) ttorney-in-fact)
Robert J. Wei r
Printed with permission of the American Institute of Architects
11761 Rev. 2-70 Printed in U.S.A.
ST.PAUL FIRE AND MARINE
INSURANCE COMPANY
Properly&Liabdlly St. Paul, Minnesota
Insurance A Capital Stock Company
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 Feb., 1970 Edition
The bond is issued simultaneously with another bond in favor of the
owner conditioned for the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS: That RODDIE E. BEAUDOIN & SON COMPANY
N59 W14224 Kaul Avenue, Menomonee Falls, WI 53051
(Here insert the name and address or legal title of the Contractor)
as Principal, hereinafter called Principal, and, ST. PAUL FIRE AND MARINE INSURANCE COMPANY,a corporation
organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety,
hereinafter called Surety, are held and firmly bound unto
CITY OF OSHKOSH
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Two Hundred Forty Thousand, Two Hundred Fifty—Three and 10/10�jollars ($ 240,253. 10 1
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated May 16 19 86 ,
entered into a contract with Owner for
Public Works 86-10, Concrete Pavement and Appurtenent Work
in accordance with drawings and specifications prepared by
(Here insert full name, title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall
be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the work or labor was done or performed. Such notice shall be served by
Principal or with a subcontractor of the Principal for labor, material, mailing the same by registered mail or certified mail, postage prepaid,
or both,used or reasonably required for use in the performance of the in an envelope addressed to the Principal, Owner or Surety, at any
contract, labor and material being construed to include that part of place where an office is regularly maintained for the transaction of
water, gas, power, light, heat, oil, gasoline,telephone service or rental business,or served in any manner in which legal process may be served
of equipment directly applicable to the Contract. in the state in which the aforesaid project is located, save that such
2. The above named Principal and Surety hereby jointly and service need not be made by a publl^officer.
severally agree with the Owner that every claimant as herein defined, b) After the expiration of one(1) year following the date on which
who has not been paid in full before the expiration of a period of Principal ceased work on said Contract, it being understood, however,
ninety(90)days after the date on which the last of such claimant's work that if any limitation embodied in this bond is prohibited by any law
or labor was done or performed, or materials were furnished by such controlling the construction hereof such limitation shall be deemed to
claimant,may sue on this bond for the use of such claimant,prosecute be amended so as to be equal to the minimum period of limitation
the suit to final judgment for such sum or sums as may be justly due permitted by such law.
claimant, and have execution thereon. The Owner shall not be liable c) Other than in a state court of competent jurisdiction in and for
for the payment of any costs or expenses of any such suit. the county or other political subdivision of the state in which the pro-
3. No suit or action shall be commenced hereunder by any claimant: sect, or any part thereof, is situated, or in the United States District
a) Unless claimant, other than one having a direct contract with Court for the district in which the project,or any part thereof,is situ-
the Principal,shall have given written notice to any two of the following: ated, and not elsewhere.
The Principal, the Owner, or the Surety above named, within ninety 4. The amount of this bond shall be reduced by and to the extent
(90) days after such claimant did or performed the last of the work or of any payment or payments made in good faith hereunder, inclusive
labor, or furnished the last of the materials for which said claim is of the payment by Surety of mechanics' liens which may be filed of
made,stating with substantial accuracy the amount claimed and the name record against said improvement, whether or not claim for the amount
of the party to whom the materials were furnished, or for whom the of such lien be presented under and against this bond.
Signed and sealed this 27th day of May A. D. 19 86
In the presence of: RODD E E. BEA i OIN & SON COMPANY (Seal)
nci al
( )�
�.�- /°�L..:_1..41`'`�
1� (Wltnessj (Title)
f` 49_C .
(
"Paul Fire and arine Insurance Company (Seal)
/`�!iir� �AGt (...f !B 1 •'1'G/ �`� /(?-e-e
ess) D A ttErney-in-fact)
Robert J. e �ti�$
Printed with permission of the American Institute of Architects
11761 Rev. 2-70 Printed in U.S.A.
A$fibul ST.PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF
rwerAb
�,� 385 Washington Street,St.Paul,Minnesota 55102 AUTHORITY NO.
GENERAL POWER OF ATTORNEY -CERTIFIED COPY 13 9 6 9 3
(Original on File at Home Office of Company.See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St.Paul Fire and Marine Insurance Company,a corporation organized and existing under the laws of the State
of Minnesota,and having its principal office in the City of St.Paul,Minnesota,does hereby constitute and appoint:
R. K. Cope, George A. Duncan, Robert J. Weimar, James H. Greb,
Ronald R. Cope, Laurel Ihde, individually, Milwaukee, Wisconsin
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 undertakings,recognizances,contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or
otherwise,
NOT TO EXCEED IN PENALTY THE SUM OF TEN MILLION ($10,000,000) EACH
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St.Paul Fire and Marine Insurance Company,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.
This Power of Attorney is executed,and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws
adopted by the Board of Directors of ST.PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January,1970,
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President,Assistant Vice President,Secretary or Resident Secretary shall have power and authority
(1)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,and
(2)To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
section and/or any of the By-Laws of the Company,and
(3)To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May, 1959,of which the following is a true•exerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or 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 and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
so REmiiii"k
oL v IN TESTIMONY WHEREOF, St.Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate
4�J y�P; seal to be affixed by its authorized officer,this 2nd day of January,A.D. 1980.
€.
011!!hll
�,p. m ST.PAUL FIRE AND MARINE INSURANCE COMPANY
;, — STATE OF MINNESOTA
ss.
County of Ramsey
Vice President
On this 15th day of May ,19 81, before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly sworn,said that he/she is the therein described and authorized officer of St.Paul Fire and Marine Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his/her signature were duly affixed by order of
the Board of Directors of said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St.Paul,Minnesota,the day
�Q.�1A
..
��. and year first above written.
oe 4- V.C.INNES,Notary Public,Ramsey County,MN
}C0w01 My Commission Expires April 27,1983
CERTIFICATION
I, the undersigned officer of St. Paul Fire and Marine Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney
and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals,and that the said Power of
Attorney has not been revoked and is now in full force and effect. //�//}//�/
.7 '� IN TESTIMONY WHEREOF,I have hereunto set my hand this 41 ,L
yam. �&o 27th day of May 19 86
1: „: Secretary
44
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies,carbon
copies or other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
For verification of the authenticity of this Power of Attorney,you may telephone toll free 800-328-9821 and ask for the Power of Attorney Clerk. Please refer
to the above Certificate of Authority No.and the above named individual(s).
29550 Ed.8-80 Printed in U.S.A.
T T '3ET TAB 'A ARROWS..
;. .: 5/27/86 bjm -
FRO'�l.,f„ER A
TKS!'E:RTlFICA T C IS ISSUE'?AS A MATTER OF INFORMATION ONLY AND CONFERS
SECURITY IN S TDANCE & FINANCIAL NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AMEND,
EXTEND CR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
SERVICES , INC.
450 North Sunnyslope Road 1 COMPANIES AFFORDING COVERAGE
Brookfield, WI 53005 - -- - -- —
1 COMPANY A
rLETTER CNA INSURANCE COMPANY _
COMPANY B -
— I LETTER
INSURED --_MISSION AMERICAN INSURANCE COMPANY
RODDIE E. BEAUDOIN & SON COMPANY I COMPANY
N59 W14224 Kaul Avenue j LETTER
----
Menomonee Falls, WI 53051 ': COMPANY D
1 LETTER -- ---
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE HE POLIO ES DESCRIBED HEREIN OIS SUBJECT TO ALL PTHE TERMS,EXCLUSIONS,IAND CONDI-
TIONS OF SUCH POLICIES. —
LIABILITY LIMITS IN THOUSANDS
�%Ci ,r9,,C,EFFEil E POLICY EXPIRATIDN
LfR _.--- -- ATE(MMiDDPw} i EACH I AGGREGA.TF
TY"PE OF INSURANCE POLICY' NUMBER DA E mm,Dow)l
� .x I-RuEn;cE
GENERAL LIABILITY 80011 r
I !
X COMPREHENSIVE FORM t—INJURY $ $
60 23 9 6406 1 PROPS E
X PREMISES/OPERATIONS 4/1/86 4/1/87 DAMAGE I$
X ENDERIOOJND r
l , EXPLOSION & COLLAPSE HAZARD �—
X PRODUCTS/COMPLETED OPERATIONS
I BI&PD
it
X CONTRACTUAL „OMBA ED I sl, 5OO $ 500
X INDEPENDENT CONTRACTORS i ; 1.----- f
X BROAD FORM PROPERTY DAMAGE j I
pc PERSONAL INJURY PERSONAL 1ryJURY $
500
X Broad Form CGL __-- --------- --- I --- ---
AUTOMOBILE LIABILITY INJURY
ANY AUTO (PER PERSUNt $
i
ALL OWNED AUTOS!PRIV PASS 1 ; BODIL+NJURY
1 ALL OWNED AUTOS(OTHER THAN 1 PE9 ALLIDEN?; $ _ --
l PRIV PASS / ; -
Y E 1 RED AUTOS PROPERTY
I DAMAGE j$
NON-OWNED AUTOS I
GARAGE LIABILITY I I BI&PD
---------- ----- -'---- .t --------- 1 COMBINED $ ._.----_-
EXCESS LIABILITY -
j I COMBINED $ $
X UMBRELLA FORM TBD i 4/1/86 4/1/87
OTHER THAN UMBRELLA FORM — -- i _,L,OD i i
S ATUTORY
WORKERS COMPENSATION I I th $ !EACH ACCIDENT)
AND j ; $ (DISEASE-POLICY LIMIT)
I EMPLOYERS' LIABILITY I i $ DISEASE EACH EMPLOYEE)
—------- ! -------_—._.---
OTHER --- --------- --------- I
B Excess Umbrella ; MA 002542 4/1/86 4/1/87 I 1,000,000.
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
RE: Public Works No. 86-10, Concrete Pavement & Appurtenent Work
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
CITY OF OSHKOSH PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPO COMPANY, ITS GENTS R REPRESENTATIVES.
AUTHORIZED R )IVE `"�
ACORD 25(8184) Z, IIR/ACORD CORPORATION 198