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HomeMy WebLinkAboutMiron Water Filtration PlantCITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT AGREEMENT THIS AGREEMENT is by and between the City of Oshkosh, Wisconsin (Owner) and Miron Construction Company, Inc. (Contractor). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1x • ' 1.1. Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The completed Work will provide Owner with a new CT /BWS Basin, a new flow meter vault and rehabilitated low lift and high lift pump stations. The Work includes demolition of the west sedimentation basin, sludge transfer pump station, east sedimentation and the old treatment plant. 2. ENGINEER 2.1. The Project has been designed by CH2M HILL/Kaempfer (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 3. CONTRACT TIMES 3.1. Time of the Essence: All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.2. Days to Achieve Substantial Completion and Final Payment: 3.2.1. The Work shall be substantially completed within 365 days from the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 395 days after the date when the Contract Times commence to run. 3.3. Days to Achieve Substantial Completion of Milestone(s): 3.3.1. The Work necessary to achieve the Milestone(s), as identified in Section 0131 13, Project Coordination, shall be substantially completed MKE/358925.A 1.FD AGREEMENT MAY 28, 2008 0052 13- 1 ©COPYRIGHT 2006 CH2M HILL CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT within 365 days from the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions. 3.4. Liquidated Damages: 3.4.1. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph Contract Times above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred Dollars ($ 500.00 ) for each day that expires after the time specified herein for Substantial Completion until the Work is substantially complete. 3.5. Truck Route Violation Fines 3.5.1 Contractor and Owner recognize that minimizing community impacts is of the essence in this Agreement and the Owner will suffer public opposition to the Work if City Truck Routes are not followed during the Work. The parties recognize that difficulties, damages, and expenses occur as the result of the failure of the Contractor to follow City Truck Routes. Accordingly, Owner and Contractor agree that as a charge for violation of City Truck Routes, Contractor shall pay Owner Five Hundred Dollars ( $500.00 ) for each Truck Route Violation event until the Work is complete. An event shall be defined as any documented occurrence which a truck uses a non -truck route without prior approval of the Owner or Engineer. 4. CONTRACT PRICE 4.1. Owner will pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the following: 4.1.1. Lump Sum: For all Work a lump sum of: Six million seventy thousand two hundred seventy three Dollars (Words) AGREEMENT MKE /3 58925.A 1.FD 0052 13-2 MAY 28, 2008 ©COPYRIGHT 2006 CH2M HILL CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT and zero Cents $ 6,070,273 (Words) (Figures) 4.1.1.1. The above lump sum amount reflects Owner's adoption of the following alternates: 4.1.1.1.1. None 4.1.1.2. All specific cash and contingency allowances are included in the above lump sum price and have been computed in accordance with Paragraph 11.02 of the General Conditions, 5. PAYMENT PROCEDURES 5.1. Submittal and Processing of Payments: Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.2. Progress Payments and Retainage: Owner will make progress payments on account of the Contract Price on the basis of Contractor's Application for Payment on the date of each month as established in the preconstruction conference during performance of the Work as provided herein. All such payments will be measured by the Schedule of Values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements. 5.2.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Par raph 14.02 of the General Conditions: Ninety -five 5.2.1.1. jbbal� percent of Work mpleted (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactor to the there will be no additional retainage; and A . Ninety -five 5.2.1.2. lK34percent of cost of aterials and equipment not incorporated in the Work (with t balance being retainage). MKE /3 5 8925.A 1.FD AGREEMENT MAY 28, 2008 0052 13 -3 OCOPYRIGHT 2006 CH2M HILL CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT 5.2.2. Upon Substantial Completion, Owner will pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer will determine in accordance with Paragraph 14.02.13.5 of the General Conditions and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 5.3. Final Payment: 5.3.1. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. 6. INTEREST 6.1. All monies not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of one percent per month. 7. CONTRACTOR'S REPRESENTATIONS 7.1. In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 7.1.1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 7.1.2. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 7.1.3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 7.1.4. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the AGREEMENT MKE /3 5 8925.A 1.FD 0052 13-4 MAY 28, 2008 ©COPYRIGHT 2006 CH2M HILL CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. 7.1.5. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 7.1.6. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 7.1.7. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 7.1.8. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 7.1.9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 7.1.10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. MKE /3 5 8925 .A 1.FD AGREEMENT MAY 28, 2008 0052 13 -5 ©COPYRIGHT 2006 CH2M HILL CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT 8. CONTRACT DOCUMENTS 8.1. Contents: 8.1.1. The Contract Documents that are associated with this Agreement (except as expressly noted otherwise) consist of the following: 8.1.1.1. This Agreement (pages 1 to 8, inclusive). 8.1.1.2. Performance bond (pages 1 to 4, inclusive). 8.1.1.3. Payment bond (pages 1 to 4, inclusive). 8.1.1.4. General Conditions (pages 1 to 45, inclusive). 8.1.1.5. Supplementary Conditions (pages 1 to 18, inclusive). 8.1.1.6. Specifications as listed in the table of contents of the Project Manual. 8.1.1.7. Drawings consisting of 87 sheets with each sheet bearing the following general title: Water Filtration Plant Modifications and Demolition Project. 8.1.1.8. Addenda (numbers 1 to 2, inclusive). 8.1.2. Exhibits to this Agreement (enumerated as follows): 8.1.2.1. Contractor's Bid (pages 1 to 7, inclusive). 8.1.2.2. Documentation submitted by Contractor prior to Notice of Award. 8.1.2.2.1. - Disclosure of Ownership (page 1 of 1, inclusive). 8.1.2.2.2. Environmental Improvement Fund MBE /WBE /SBRA Contacts Worksheet (pages 1 to 4, inclusive). 8.1.2.2.3. Letter from Miron Construction Co. to the City of Oshkosh, dated April 10, 2008. 8.1.2.2.4. Letter from Miron Construction Co., to the City of Oshkosh, dated April 11, 2008. AGREEMENT MKE /3 5 8925.A l .FD 0052 13-6 MAY 28, 2008 OCOPYRIGHT 2006 CH2M HILL CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT 8.1.3. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 8.1.3.1. Notice to Proceed. 8.1.3.2. Work Change Directives. 8.1.3.3. Change Order(s). 8.2. There are no Contract Documents other than those listed above in this Article. 8.3. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. 9. MISCELLANEOUS 9.1. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 9.2. Successors and Assigns: Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.3. Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.4. Assignment of Contract: 9.4.1. No assignment by a party hereto of any rights under or interests in the Contract shall be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents. MKE /358925.A1.FD MAY 28, 2008 OCOPYRIGHT 2006 CH2M HILL AGREEMENT 005213 -7 a CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpoint each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on �` , 2008 (which is the Effective Date of the Agreement). OWNER: C, of 0 MLIS14 i Attest: Title: Address for giving notices: (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner - Contractor Agreement.) @ hereby ce y have been made I(,% p(' l��, jjak)p ac QN e under this Mi $ David G. Voss, Jr. Title: President [CORPORATE SEAL] Address for giving notices: 1471 McMahon Drive tion Co., Inc. Neenah, WI 54956 License No. N/A (Where applicable) Agent for service or process: N/A (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) EN D O F 2 r � Com AGREEMENT APPROVED MKE/358925.A 1.FD 0052 13 -8 J MAY 28, 2008 ©COPYRIGHT 2006 CH2M HILL CITY TO EY HKOSH; SCO'NSIN RESOLUTION Adopted at Board of Directors Meeting of December 30, 2002 be it resolved that David G. Voss, the President of the Corporation, is hereby authorized and empowered to execute contracts on behalf of the Corporation, and that this resolution shall continue in force and effect until modified or rescinded by subsequent action of the stockholders or of the Board of Directors of the Corporation. Dean J. B s n Secretary4kasurer MIRON CONSTRUCTION CO., INC. Attested By: State of Wisconsin County of Winnebago 2008 ' , day of (,A , Su�scri ' fed ands to before me this Notary Public My Commission Expires: 01/22/2012 A CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT PERFORMANCE BOND FORM Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Miron Construction Company, Inc 147 McMahon Drive Neenah, WI 54956 SURETY (Name and Address of Principal Place of Business): Continental Casualty Company 175 Berkeley Street Boston, MA 02117 OWNER (Name and Address): City of Oshkosh, Wisconsin City Hall, 215 Church Avenue Oshkosh, WI 54901 CONTRACT Date: 5/30/2008 Amount: $6,070,273 Description (Name and Location): Water Filtration Plant Modifications and Demolition Project Oshkosh, Wisconsin BOND Bond Number: 929456846 Date (Not earlier than Contract Date): 5/30/2008 Amount: $6,070,273.00 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS Un stru NCIPAI. Company: Miro c 0 . 1 Signature: ' Seal) Name and Title David G. Voss, President SURETY Continental Casualty Company (Seal) Surety's Name and Corporate Seat By: � UA-\ � 6)t r Signature and Title Roxanne Jensen, Attorney -in -Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL MKE/358925.A1.FD MAY 29, 2008 ©COPYRIGHT 2006 CH2M HILL Witne 1A 1.-- Signature and Title SURETY PERFORMANCE BOND FORM 00 6113,13 -1 CITY OF OSHKOSH- -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT Company: Signature: (Seal) Name and Title (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) PERFORMANCE BOND FORM 00 61 13.13 - 2 Attest: Signature and Title MKE /358925.A1.FD MAY 29, 2008 ©COPYRIGHT 2006 CH2M HILL CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later that. 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whale or in part and notify Owner citing reasons therefor. 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the torms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly anti at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2, Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or MKE /358925.A1.FD MAY 29, 2008 CCOPYRIGHT 2006 CH2M HILL 5. I€ Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided ;n Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 6. After Owner has terminated Contractor's right to complete .c Contract, and if Surety elects to ac* under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be. greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: PERFORMANCE BOND FORM 00 61 13.13 - 3 CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; I O.Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract, 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 123. Contractor Default- Failure of Contractor, which has neither bccn remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR TNFORMATION ONLY —Name, Address and Telephone Aon Risk Services Central, Inc. Surety Agency or Broker P.O. Box 23004, Green Bay WI 54305 Owner's Representative (engineer or other parry) (800)437 -055.5 CH2M Hill /Kaempfer END OF SECTION PERFORMANCE BOND FORM MKE /358925.A1.FD 00 61 13.13 - 4 MAY 29, 2008 OCOPYRIGHT 2006 CH2M HILL CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT PAYMENT BOND FORM Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): Miron Construction Company, Inc. 147 McMahon Drive Neenah, WI 54956 OWNER (Name and Address): Continental Casualty Company 175 Berkeley Street Boston, MA 02117 City of Oshkosh, Wisconsin City Hall, 215 Church Avenue Oshkosh, WI 54901 CONTRACT Date: 5/30/2008 Amount: $6, 070, 273 Description (Name and Location): Water Filtration Plant Modifications and Demolition Project Oshkosh, Wisconsin BOND Bond Number: 929456846 Date (Not earlier than Contract Date): 5/30/2008 Amount: $6,070,273.00 Modifications to this Bond Form: SEE ATTACHED AMENDMENT 1 Surety and Contractor, intending to be iegaliy bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AA PRINCIPAL, Company: Iv1 on r non Signature: __(Seal) Continental Casualty Company (Seal) Name and itle David G. Voss Jr. Surety's Name and Corporate Seal President By: CWYVaLV_� Signature and Title Roxanne Jensen, Attorney -in -Fact (Attach Power of Attorney) (Space is provided below for signatures o[ additional parties, if required.) SURETY MKEi358925.A1.FD MAY 29, 2008 OCOPYRIGHT 2006 CH2M HILL Witness: Signature and itle PAYMENT BOND FORM 00 6113.16 -1 CITY OF OSHKOSH - -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title PAYMENT BOND FORM MKE /358925.AI.FD 00 61 13.16 - 2 MAY 29, 2008 ©COPYRIGHT 2006 CH2M HILL CITY OF OSHKOSH- -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice w Surety (at the addresses described iii Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the Party to whom the materials or equipment MKE /358925.A1.FD MAY 29, 2008 OCOPYRIGHT 2006 CH2M HILL 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. T Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. PAYMENT BOND FORM 00 61 13.16 - 3 CITY OF OSHKOSH- -WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond, conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. I l .No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12.Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions 15. Definitions: 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rentai equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY —Name, Address and Telephone Aon Risk Services Central, Inc. Surety Agency or Broker: P.O. Box 23004, Green Bay, VVI 54305 (800) 437 -0555 Owner's Representative (engineer or other party): CH2M HiIUKaempfer END OF SECTION PAYMENT BOND FORM MKE/358925.A1.FD 00 61 13.16 - 4 MAY 29, 2008 ©COPYRIGHT 2006 CH2M HILL, Bond No. 929456846 AMENDMENT 1 Modification to Payment Bond: Paragraph 6 of this Bond is deleted in it entirety and replaced with the following provision: Within a reasonable time (1) after the Claimant has satisfied the conditions of Paragraph 4 and (2) after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as prov ded under this Bond. " t POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies "), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Timothy J McKenna, Jeffrey R Meisinger, Kelly Cody, Kent Arps, Troy Carlson, Roxanne Jensen, Individually, of Green Bay, Wisconsin Trudy A Szalewski, Christopher H Kondrick, Brian L Krause, Cheryl Siem, Individually, of Milwaukee, Wisconsin their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 15th day of October, 2007. CAStJq,�} E *SUN, t ,vanroF F CoPPOAAre �o� cc) ` 4 ORPORgtfO a JULY 31 . SEAL Y y 1902 1897 � HARTF� b • Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Thomas P. Stillman Senior Vice President State of Illinois, County of Cook, ss: On this 15th day of October, 2007, before me personally came Thomas P. Stillman to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. (DFFIC1AL- SEAL N(YrA 2Y PUOLIC, STATE OF ILLINOIS • MY COMMISSION 1E:9CPjRr=S: 09/'17/09 My Commission Expires September 17, 2009 tza Price N CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations priijt4Qd on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this t 7b-) day of h (A 3 , ' � `P0 ASUgtT o �\Pf, 1NSURq,�� hy`o MerwroF,� f$.)�EAL AArf 0 NO CORPORgr 4O ' z JULY n, c .? b 1902 t897 HARO • Form F6853- 1/2007 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Mary A. R ika kis Assistant Secretary .; � .; { „ Hill", , AC /y / /� � ,5 �� �+ p ��t't �V R D 1M $3 �� �' � � { {E 'eli' � �+ 433 Y I � �.i +BI \i, i y � y a }p F'E xA3� _ sg `41§q 3r E E. } 1} 9bs t}fi9 1p1pf { {htE'EE E frt T fr€gg �7 3g �+► G ii l t {{ DATE c (MM/DD/YY) ; 06 02 /08 -sRx =B a(x. x..GF•"13 ,£ t.a E$£,}�¢,£f- mE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon RiSk Services Central, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE fka Aon Risk Services, Inc. of Wisconsin HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 111 N. washington Street, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. o. Box 23004 COMPANIES AFFORDING COVERAGE Green Bay WI 54305 -3004 COMPANY Zurich American Ins Co i PHONE- (920) 437 -7123 FAX- (920) 431 -6345 A INSURED COMPANY Insurance company of the State of PA Miron Construction Co., Inc. B P. 0. BOX 509 Neenah WI 54957 -0509 USA COMPANY Liberty International insurance Co. Ltd. i c COMPANY D x .:_ S'R }I`ny ApI +Y €' CbV AGES R THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED Co POLICY EFFECTIVE POLICY EXPIRATION LIMITS I TR TYPE OF INSURANCE POLICY NUMBER DATE (MfVUDDNY) DATE (MM /DDNY) rr K • GENERAL LIABILITY GLO 9259229 -01 04/15/08 04/15/09 GENERAL AGGREGATE $2,000,000 a PRODUCTS - COMP /OPAGG $2,000,000 GENERAL LIABILITY r X COMMERCIAL GENERAL LIABILITY oc PERSONAL & ADV INJURY _, $1,000,00() CLAIMS MADE X❑ OCCUR C EACH OCCURRENCE $1,000,000 OWNER'S &CONTRACTOR'S PROT FIRE DAMAGE(Anv one fire) $300,000 X AGGREGATE PER PROJ MED EXP (Anv one person) $10,000 Z a: • AUTOMOBILE LIABILITY BAP 9259228 -01 04/15/08 04/15/09 COMBINED SINGLE LIMIT $1,000,000 4'. X ANY AUTO BUSINESS AUTOMOBILE w L ALL OWNED AUTOS BODILY INJURY a L; ( Per person) SCHEDULED AUTOS BODILY INJURY X HIRED AUTOS (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT .---- AGGREGATE C EXCESS LIABILITY LQ11371204377027 04/15/08 04/15/09 EACH OCCURRENCE $5,000,00 AGGREGATE $5,000,00 X UMBRELLA FORM Excess Liability Retained Limit Amoun $10, X UMBRELLA FORM OTHER THAN X I STATU- nTH- A WORKER'S COMPENSATION AND WC 9259230 - 04/15/08 04/15/09 T IC ORY LIMITS =- "' "' i "' EL EACH ACCIDENT 500 , 0 00 EMPLOYERS' LIABILITY WORKERS' COMPENSATION EL DISEASE - POLICY LIMIT $500,000 THE PROPRIETOR / �( INCL PARTNERS /EXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EA EMPLOYEE $500,000 2 r.y DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS INSURED ON THE GENERAL - RE: WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT, OSHKOSH, WI. ADDITIONAL LIABILITY THE CITY OF OSHKOSH & CH2M HILL AS RESPECTS THE PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT - >, 3 } CERTIF'I ATE „G`ANCaE) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE CITY OF OSHKOSH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVORTO MAIL cl .' 215 CHURCH AVENUE 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OSHKOSH WI 54901 USA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. w AUTHORIZED REPRESENTATIVE _ P Attachment to ACORD Certificate for Mi ron construction co. , Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED Miron construction Co., Inc. P. o. BOX 509 Neenah WI 54957 -0509 USA COMPANY COMPANY COMPANY COMPANY ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for nolicv limits. CO LTR Tl'PE OF INSURANCE POLICY NUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS EXCESS LIABILITY 4890500 04/15/08 04/15/09 Retained $10,000 B UMBRELLA LIABILITY - Limit Amoun ggregate $5,000,000 Each $5,000,000 Occurrence DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS Certificate No: 570028778436 ACORD jja CERTI ' #ICTE PRQPEl�TY §} I E Itt DATE 2 /08 /YY) 'I RNC o6 /oz /oa x`{�`,. nrfi. .,.Si# . .•f „t< ,.1., PRODUCER T HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND AOn Risk Services central Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE fka Aon Risk Services, Inc. of Wisconsin DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 111 N. Washington Street, Suite 300 POLICIES BELOW. P. 0. Box 23004 COMPANIES AFFORDING COVERAGE Green Bay WI 54305-3004 USA COMPANY Zurich American Ins Co PHONE-(920) 437 -7123 FAX- (920) 431 -6345 A INSURED COMPANY Miron Construction Co., Inc. B +_+ P.O. BOX 509 COMPANY I T NEENAH WI 54957 USA C "a COMPANY i D c r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO 'TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE OLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE (MM /DD/YY) DATE (MM /DD/YY) PROPERTY BUILDING CAUSES OF LOSS PERSONAL PROPERTY B BASIC "// \ I�N COME BROAD EXTRA EXPENSE SPECIAL BLANKET BUILDING BLANKET PERS PROP 00 EARTHQUAKE BLANKET BLDG& PP 00 FLOOD N O O t\ A X INLAND MARINE MBR 5 4 - 04/15/08 04/15/09 X Reporting $75,000,000 Master Builders Risk PoliC SIR /Deductible X $5,000 TYPE OF POLICY . ' Builders Risk Earthquake X $75,000,000 X $75,000,000 CAUSES OF LOSS Flood Limit Z NAMED PERILS OTHER U L CRIME � TYPE OF POLICY BOILER & MACHINERY H I I I W===! OTHER LOCATION OF PREMISES \ DESCRIPTION OF PROPERTY L RE: WATER FILTRATION PLANT MODIFICATIONS AND DEMOLITION PROJECT, OSHKOSH, WI. CONTRACT AMOUNT: $5,070,273.00. Z Z �s SPECIAL CONDITIONS / OTHER COVERAGES --P ins t= CE RTII�?�TE.IIODE1t. „ GNCEITIOIN" €, y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL J a CITY OF OSHKOSH 215 CHURCH AVENUE 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, - � OSHKOSH WI 54901 USA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE =Y ACQC2D 24 (1/�,5� i „ . - '..tl # E .,f,, .,__ F.. 3 l ,f ,., . ; }Ii` €, .'l s , (?Id mil`,£, .€ , . ( # Cc).Af IIRIIf,ORtIR ATION,�.3� °.