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EJCDC/PHENCO- Riverside Park Phase 2 Seawall and Riverwalk Const
Notice of Award Dated June 8, 2010 Project: Riverside Park Phase 2 Seawall and Riverwalk Owner: City of Oshkosh Owners Contract No.: Construction Contract: Engineers Project No.:60097591 Bidder: Phenco Inc. Bidder's Address: 133 S. Fieldcrest Drive Neenah, Wisconsin 54956 You are notified that your Bid dated May 18, 2010 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for $871,933.33 Base Bid $890.966.05 less Item D -3 419,224.55> add Alt 3 $16,991.48, Add Alt 4 $10,207.35, less item C -3 4505,921> add item Alt 5 $478,914. The Contract Unit Prices of your Contract are as stated on your Bid Form. 4 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 4 sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner [al fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), [and] General Conditions (Paragraph 5.01) [and Supplementary Conditions (Paragraph SC- 5.01).] 3. Other conditions precedent: Work May Start After June 14, 2010 Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. e ;1 n Tr ) ��S e By: Owner 4( � ) , ( 15/rk - Authori f dd Signature v� r' K ,q. �v�� C;47 /�14ny Pr Title Copy to Engineer EJCDC No. C - 510 (2002 Edition) Page 1 of 1 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Oshkosh • (Owner) and Phenco Inc. (Contractor). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Riverside Park Phase 2 Seawall and Riverwalk Construction City of Oshkosh, WI ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Riverside Park Phase 2 Seawall and Riverwalk Construction City of Oshkosh, WI ARTICLE 3 - ENGINEER 3.01 The Project has been designed by: AECOM 558 North Main Street Oshkosh, WI 54901 (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. 3.02 Owner may also provide a site representative 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 completion of the Work in accordance with the Contract Documents except as described in Paragraph 3.01. EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright ❑ 2002 National Society of Professional Engineers for EJCDC. All rights reserved 005204 ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. 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. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before September 17, 2010, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before October 31, 2010. 4.03 Liquidated Damages A. 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 4.02 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 $1,000 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1,000 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. B. In addition to liquidated damages set forth above, Contractor shall be liable for all additional costs for Engineer's services beyond substantial and final completion dates. Owner will deduct these costs from any monies due or that may become due Contractor or Surety and pay Engineer for said services. 4.04 Permitting Contractor or Surety to continue and finish the Work or any part of the Work after the times specified for completion, or after the date to which the times for completion may have been extended, shall in no way operate as a waiver on the part of Owner of its rights under the Contract. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the Unit Price Schedule as completed in the Contractor's Bid Form, attached hereto. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. 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. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. 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: EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright ❑ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520 -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 Paragraph 14.02 of the General Conditions: a. 90 percent of Work completed (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 satisfactory to them, there will be no retainage on account for work substantially completed, in which case the remaining progress payments prior to Substantial Completion will be in a amount equal to 100% of the work completed less the aggregate of payments previously made; and 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, Less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 10 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. 6.03 Final Payment A. 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. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. 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. C. 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. D. Contractor has carefully studied all available: (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 Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. 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. EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright ❑ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520 -3 F.' 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. G. 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. H. 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. I. 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. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6, inclusive). (Attached) 2. Performance bond (pages 1 to 2, inclusive). (Contractor Provide) 3. Payment bond (pages 1 to 2, inclusive). (Contractor Provide) 4. Other bonds (pages to , inclusive). a. (pages to , inclusive). b. (pages to , inclusive). c. (pages to , inclusive). 5.General Conditions (pages 1 to 40, inclusive). Supplementary Condition — City of Oshkosh (pages 1) (Bid Specifications) 6.Supplementary Conditions (pages 1 to 13, inclusive). (Bid Specifications) 7.Specifications as listed in the table of contents of the Project Manual. (Bid Specifications) 8. Drawings consisting of 17 sheets with each sheet bearing the following general title: Riverside Park Phase 2 Sewall and Riverwalk Construction. (Project Drawings dated 5/03/2010, Issued for Bid) 9. Addenda (numbers 1 tol, inclusive). (Dated May 13, 2010) 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 8, inclusive). (Attached) b. Documentation submitted by Contractor prior to Notice of Award (pages 1 to 2, inclusive). (Attached) c. EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright 1] 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520 -4 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages to , inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will 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 will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. 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. 10.04 Severability A. 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 that 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. EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520 -5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. 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 June 21, 2010 , MO (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: CITY OF OSHKOSH i y1(, �� By: c- 94 - 1/. 7 c- 94 - 1/. 7 B s/.e/ �_+1r o r," Mark . Rohl off Title: City Manager Title: tA„, [CORPORAT [CORPORATE SEAL] Attest: 1 • / . . � I !L iP4 J Attest: ILILLA,„ALi Pame a R. Ubrig �r��S Title: City Clerk Tithe: Address for giving notices: Address for giving notices: 215 Church Ave., PO Box 1130 ?f tiddeAS- Oshkosh, WI 54903 -1130 kev,h \N' License No.: (If Owner is a corporation, attach evidence of authority to sign. If Owner (Where applicable) is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner - Contractor Agreement) Agent for service or process: 1 hereby certify that the neressary provisions have been made to pay the liability which will (If Contractor is a corporation or a partnership, attach evidence accr - nder this co of authority to sign.) _ Pity Comptroller APPROVED 1;;,,,-r, 1� CITY A CANEY SHKOSH. wt 041111 EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520 -6 - .he n ce r a Item Number Item Description - Unit Quantity Cost/Unit Item Cost BASE BID ITEMS A. General A -1 Mobilization/Demobilization L.S. 1 $ . .00 $ 1 CO. DC) A -2 Bonds and Insurance L.S. 1 $1WCO. 00 $ 'WOO , co A -3 Security Fence L.S. 1 $ 400D.1`13 $ 14 -cop,co Total - General -La)-I100 - a B. Site Preparation Remove and Dispose Concrete Curb & Pavement, Pole B -1 Bases, Portions of Timber Dockwall, and Miscellaneous Concrete, Wood, and Steel Structures L.S. 1 $ 5r1CD.00 $ 5btiD. pp B -2 Remove and Dispose of Asphalt Pavement S.Y. 480 $ • 00 $ °IUD . co B -3 Sawcut Concrete or Asphalt Pavement L.F. 15 $ S. rn $ 1 . pp Remove Existing Flag Poles and Transport for City B-4 Storage L.S. 1 .CD $ SjOD ,0O B -5 Remove Existing Trees, Dispose Off -Site EA. 3 $ C\in •[D $ 980 .00 B -6 Remove Existing Storm Sewer and Manholes, Backfill L.S. 1 OM. 01) $ ?1 1 00 B -7 Strip & Stockpile Topsoil S.Y. 4260 $ t $ i 1- 1 . DO ✓ Total - Site Preparation $ C. Seawall C -1 Common Excavation, Salvage, and place as Backfill C.Y. 675 $ 4. 00 $ a, 00.00 C -2 Common Excavation, Transport for Landfill Disposal C.Y. 2200 $ 3. $ IMO .00 Steel Dockwall, Anchor Wall, End Details, Tie -rods, C -3 Walers, Structural Members,and Connections, includes 10 hours of clearing driving line. L.S. 1 $ 5 GQ) . A1 . OD C -4 Select Crushed Stone Backfill Ton 3500 $ ID ..6 $ 3LocAS. Do Clean Aggregate Fill between Timber Bulkhead and C -5 Steel Dockwall Ton 950 $1 -. 'St) $131 . op Type SAS Geotextile (Overlap Not Included in _ 44165 C -6 Quantity) S.Y. 3300 $ 1. $ Dp C -7 Timber Fender L.F. 600 $ 11( .00 $ 10 ' CO. (o C -8 Penetration for 43" X 68" Outfall EA 1 43D00. 00 $ 19 D O0 - cc C -9 Special Detail for Watermain Crossing EA 1 $ \4115.00 $ 11_5, CO C -10 Penetration for 12" Outfall EA 1 $11DUCD.00 $ 10000, 00 K,. C -11 Penetration for 15" Outfall EA 1 $96 G $ a Dzo Total - Seawall S p 1GR ��I . gy p t ✓ EJCDC C -410 Suggested Did Form for Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00410 -3 , D. Paving D -1 1 1/4" Dense Aggregate Base Course Ton 480 $ 1 Lt .50 $ 1 ga0.00 D -2 Concrete Walkway - 6" S.F. 11854 $ 4 .40 $ 119451. LQ D D -3 Stamped Colored Concrete Border S.F. 1679 $11, .413 $ 'q 14. 65 D-4 Concrete Walkway With Thickened Edge S.F. 700 $ q • 10 $ WAD. co D -5 Structural Angle for Walkway Support on Existing Dockwall at Leach Amphitheater L.F. 70 $13.15 $ . sV D -6 Detectable Warning Plate S.F. 8 $ 4-.00 $ ,' ` , .00 D -7 Replacement Curb L.F. 7 $ LOU - 00 $ Qk A . 00 Total - Paving $ i U5✓ 1 � . E. Erosion Control E -1 Erosion Control Silt Fence L.F. 470 $ 00 $ C AI-4). CO E -2 Turbidity Curtain EA 1 $ „.1t• $ 15 - . i s E -3 Truck Tracking Pad With Geotextile EA 1 $ j noo.00$ 1000. CO E-4 Inlet Protection EA _____S___LICDANSII E -5 Erosion Control Matting S.Y. 3305 $ 1. n $ L 'l. JV Total - Erosion Control $1 F. Lighting and Electrical Install City- supplied light poles, pole- mounted luminaries, lighted bollards, power center, and hand F -1 holes. Provide concrete pole bases, conduit, stubs, wiring, receptacles, connections to Amphitheater, Main t -QS 1 Street, and Convention Center, and associated items. L.S. 1 $ � ' O 0 03 , . Vb F -2 Conduit from Main Street to Court Street for future communications (3 inch). L.F. 700 $ R $ 5, OD z Total - Lighting and Electrical $1 ) = ', 130 G. Grading and Landscaping G-1 General Grading and Soil Import/Export to Obtain Site ���,, Grades per Plan (Not Including Topsoil) L.S. 1 $ i b0 j $ ` k QD. Dp Topsoil Processed from Stockpile and Replaced (4 Inch G -2 Thick) S.Y. 2855 $ a.00 $ 5110.00 Dispose of Excess Stockpiled Topsoil (Stockpile G -3 Measure) C.Y. 106 $ q . g0 $ pasTszo G -4 Imported Topsoil and Placement (4 Inch Thick) S.Y. 450 $ - ?j() $ 4 .g5, DD G -5 Seed, Fertilize and Mulch S.Y. 3305 $ tf . 3b $ I nCitl.R. Sb i / Total - Landscaping $ • EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00410 - 4 H. Storm Sewer Construction 38" x 68" RCP Extension with Granular Backfill (City H -1 supplies Pipe) L.F. 8 $ 9\ . � $ ACV . k.s1 D H -2 38" x 68" RCP Endwall EA 1 $ 35 $ , S 15..co Mechanical Joint Restraint for 38" x 68" RCP and H -3 Endwall L.S. 1 $14 1. M $ 1-61. H -4 Heavy Riprap Ton 190 $ 3. . t3 $ 1 4 --. 10 . r)O H -5 Type HR Geotextile (Overlap Not Included in Quantity) S.Y. 110 $ .. a $ a--1--1. s7 H -6 43" x 68" RCP Storm Sewer with Granular Backfill L.F. 40 $, 4 . `Q) $ (3 1 q H -7 96" Storm Sewer Manhole w/ Frame and Cover EA 1 $5 M .aj $ 9)4 , 00 11-8 15" RCP Stonn Sewer with Granular Backfill L.F. 45 $ . a5 $ 1 Le, 'D,' H -9 12" RCP Storm Sewer with Granular Backfill L.F. 45 $ 9q ,1 ,5 $ 13N.. 5 H -10 48" Dia. Storm Sewer Manhole w/Frame and Cover EA 1 $a3. tO $ 3? . a 11 . Total - Storm Sewer Construction $ l a 1SO TOTAL BASE BID SA0 �gU.lQ CE C ALTERNATE BID ITEMS # g2 Alt. 1 Decorative Railing L.F. 700 $ 2 .29 , $ 1G3() 675: 00 Alt. 2 Brick Paver Border S.F 1679 $14 . (J' 0 $ 11 D3 1 , 4D Alt. 3 Walkway Curb Head S.F 1679 $1 d . $ 11j qq t . l-{$ Additional General Grading and Soil Import/Export to Alt. 4 Obtain Site Grades Associated with Walkway Curb Head Alternate (Not Including Topsoil) L.S. 1 $ t I $ ���-y 1 .6$ ) iDao i. Alternate Steel Sheetpile Section. Steel Dockwall, Anchor Wall, End Details, Tie -Rods, Walers, Structural Alt. 5 Members, and connections. Include 10 hours of clearing driving line. List alternate sheetpile section, supplier, section modulus, moment of inertient*. L.S. 1 $ 41 /014 14'• 4191+ CD 5122 i SKI! Lola' %MC. t1.4 19 9.10 Alt. 6 CIear dockwall driving line - unit price if exceeds 10 hours. Only as authorized by Engineer. Hourly 15 $ 300 •W M $ 1•t-\ bp. Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. EJCDC C -410 Suggested Bid Form for Construction Contracts Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00410 -5 ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bidder Pre - Qualification Submittal. B. Required Bid security in the form of certified check or bid bond in the amount not less than 5% and not more than 10% of the total bid amount. C. List of Proposed Subcontractors ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 — COMMUNICATIONS 9.01 Communications concerning this Bid shall be addressed to the Bidder as indicated below: Name: PhCY C o l 11 ,, �,,,�1 T Address: �� �� 1 I60'6 �� Jri v e. State: MC ,� nn AJ\ '�J'1(1 P T e l e p h o n e No.: ( ANY - C 1 Q 1 Q ) Email Address: rpa,u,1 phchU) CJ YI EJCDC C -410 Suggested Bid Form for Construction Contracts Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00410 - 6 ARTICLE 10 — BID SUBMITTAL 10.01 This Bid submitted by: If Bidder is: An Individual Name (typed or printed): By: (SEAL) (Ind /- al's signature) Doing business as: A Partner Partnership Name: (SEAL) By: (Sign e of general partner — attach evidence of ority to sign) Name . ed or printed): A Corporation Corporation Name: - S \ O \ \'}(V_ (SEAL) State of Incorporation: V v Type (General ' fessional, Service, invited Liab' ' ): t+ e. & I bulniuss (Signature / / evi nce ori to sign Name (typed or printed): 7 j YY) f fUrs1i,JI Title: LA I 'C • • ' ORATE SEAL) Attest: ' r j •- . _ vui• - vii'$. Date of Qualification to do business in Q [State Where Project is Located] is lAX \ O 1 %. EJCDC C -410 Suggested Bid Form for Construction Contracts Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00410 - 7 I I , A Joint Venture Name of Joint Venturer: First Joint Venturer Name: (SE • ) By: (Signature offirst joint venture partner attach evid , e of authority to sign) Name (typed or printed): Title: Second Joint Venturer Name: (SEAL) By: (Signature of secondjoi • nture partner — attach evidence ofauth, 'tytosign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) All Bidders y,L Bidder's Business address : c n 13 2 t 1' ) 3 kk * ealn NA ` P5t(g510 Phone: C IMCIUL C I Facsimile: cmcittgt ott Submitted onlM ` , 2010. State Contractor License No. (If applicable) EJCDC C -410 Suggested Bid Form for Construction Contracts Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00410 - 8 Phe 133 S Fieldcrest Dr 1 Neenah, WI 54956 1 p: 920.969.2200 1 f: 920.969.2204 May 20, 2010 Aecom Attn: Terry Peterson Teny.Peterson@aecom.com Terry: Following is the additional information you requested on behalf of the City of Oshkosh for the Riverside Park Phase 2 Seawall & Riverwalk Construction project. Alt #1 — Decorated Railing: Originally quotes painted $229.82/1f= $160,875.00 Railing finished in stainless steel $307.97/lf= $215,578.00 Alt # 5 — Ahernate Sheetpiling using SCZ19 steel sheet pile with matching walers, cap and tie rods. * Specification sheet is attached * If you or City representatives would like further information, I'd be happy to provide. Please feel free to contact me at your convenience. Sincerely, Rod Paul Project Manager rpaul(d nbenco.com 920.428.3226 www.phenco.com Specialising ism/qua end diverse construction solutions An Equal Opportunity Employer' ' .. , sicylinesfeeli SKZ /SCZ Technical Ho111ne:1 -868 -876 -9546 SKZISCZ Cold Formed Steel Sheet Piling engineering®skylnesteei.com www.skyltnesteel.com 03/08 h / 1 • / w ---► w SKZ /SCZ Crew WENT season 1805711151410 COATING AREA width Haight T1l116 ew 3.5055111 Mod¢ius Inertia loth Coaing ('4 ( (0 Area Ph Wel SId49 Area In h 5/1n Lett 3436 OMP M+/R In4It MK fPlfE SECTION. 1mm) (1 11:401 0:42A1 f3.$v) Win" Pm) (cml/m) f1I3'Ar+) (SAS 51¢20 2950 15.00 0.316 900 4624 2071 31.80 243,61 950 1.80 7259 4014 84 19820 71.79 99.17 1701 31618 232 280 St(Z 22 2850 1640 2335 530 51.30 2150 33.43 257.40 720 120 1239 4054 15 1410 70.34 10146 1767 38611 292 140 331 23 2550 MO 9964 6.70 5420 2252 3651 284.0.3 7.80 120 7230 4014 00 18280 80.66 111.42 1816 98805 232 1.50 50724 2050 1550 0.315 7.10 57.43 24.15 31.73 30130 720 1.60 7279 1844 9.5 17950 8111 11106 2028 40213 232 119 Ma 20 25.60 1940 9299 7.60 81.10 2533 4034 321.12 730 120 7279 , 4484 100 160.00 , 5193 12161 2155 43851 292 1.60 80214 2559 ' 1020 0.800 - 4.18 51.81 1423 1425 7132 - 110 1.20 7218 324 54 5245 9311 5910 772 9508 116 125 6n3 15 2850 1000 0215 492 37.87 1633 16.74 78.73 910 1.21 7239 251 71 97.79 5101 761E 847 10761 116 118 SCZ 17 3915 10.12 0.315 5.15 4380 • 11.57 16.65 8837 5.32 1.27 7695 257.3 00 12222 88 17 1829 505 12122 1.93 0.27 30218 22.85 10.13 0335 540 4637 1830 1716 8048 532 1.27 7699 257,3 as 10121 50.45 91.25 960 12356 1.93 0.27 . 8.0718 2995 •1913 0154 0.80 080 3978 31.74 94.02 Bat 1,27 /' 78(5 2809 8.0 1ffin 7711 8(43 1059 12992 119 227 SCZ21 9905 10.13 0.310 6.14 52.10 2581 15.85 100.55 932 127 7608 257.3 85 17996 7719 10210 1087 19131 1.93 127 30222 2282 1329 0315 943 4731 21.800 2038 19919 681 1.48 810 340 10 18624 0618 70990 1600 27100 180 1.43 SO2 23 2402 1330 0.330 0.87 4584 23.35 3132 22313 081 1.48 810 310 as 14140 6910 114.00 1703 2500 113 1.44 ME 25.02 1339 9354 7.27 4980 24.75 3333 24105 191 129 610 340 as 15395 7180 02200 127 30550 160 1.18 80220 24.02 1330 0275 7.88 5225 2522 38.34 23853 551 1.45 810 310 0.5 15250 7780 12800 19800 32300 140 0.49 803 26.02 13.39 0.413 9.48 57.92 23.85 3940 291.43 581 199 800 307 101 17850 250 141.00 2100 35700 110 1.48 80230 24112 1329 0.433 118 99.05 30.31 4082 213.88 5.91 1.49 610 340 01.9 05800 9010 74100 2203 37100 1.00 7.43 Product Data Sheet SKZ/SCZ Cold Formed Steel Sheet Piing r ► ,' w.v �mi�i PERFORMANCE BOND 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): PHENCO, INC. THE HANOVER INSURANCE COMPANY 133 S. Fieldcrest Drive, Neenah, WI 54956 100 North Parkway, Worcester, MA 01605 OWNER (Name and Address): CITY OF OSHKOSH 215 Church Avenue, Oshkosh, WI 54903 -1130 CONTRACT Date: 6/8/2010 Amount: $ 871,933.33 Description (Name and Location): Riverside Park Phase 2, Seawall and Riverwalk Construction, Oshkosh, Wisconsin BOND Bond Number: 1926064 Date (Not earlier than Contract Date): 6/10/2010 Amount $871,933.33 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 PRINCIPAL SURETY Company: PHENCO, INC. THE HANOVER INSURANCE COMPANY (Seal) �r Surety's Name and Corporate Seal SiF� ' h . ,lr N. d Title: e. i y / / Signature and Title Roxanne Jensen, Attorney - in - Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) (--6j(4:ru/yj Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) Surety's Name and Corporate Seal Signature: (Seal) Name and Title: By. Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, 6. After Owner has terminated Contractor's right to complete the Contract and if executors, administrators, successors, and assigns to Owner for the performance of the Surety elects to act under Paragraph 4.1, 42, or 43 above, then the responsibilities of Contract, which is incorporated herein by reference. 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 2. If Contractor performs the Contract, Surety and Contractor have no obligation the Contract. To a limit of the amount of this Bond, but subject to commit:aent by under this Bond, except to participate in conferences as provided in Paragraph 3.1. Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract Surety is obligated without duplication for. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after 6.1. The responsibilities of Contractor for correction of defective Work and 3.1. Owner has notified Contractor and Surety, at the addresses described in completion of the Contract Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with 6.2. Additional legal, design professional, and delay costs resulting from Contractor and Surety to be held not later than 15 days after receipt of Contractor's Default, and resulting from the actions or failure to act of such notice to discuss methods of performing the Contract If Owner, Surety under Paragraph 4• and Contractor and Surety agree, Contractor shall be allowed a reasonable . — time to perform the Contract, but such an agreement shall not waive 6.3. Liquidated damages, or if no liquidated damages are specified in the Owner's right, if any, subsequently to declare a Contractor Default; and Contract, actual damages caused by delayed performance or non- . peiformance of Contractor. 32. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract Such Contractor Default shall 7. Surety shall not be liable to Owner or othew for obligations of Contractor that are not be declared earlier than 20 days after Contractor and Surety have unrelated to the Contract and the Balance of the Contract Price shall not be reduced or received notice as provided in Paragraph 3.1; and 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, erec ton, 3.3. Owner has agreed to pay the Balance of the Contract Price to: administrators, or successors. 1. Surety in accordance with the terms ofhh Contract 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract 9. Any proceeding, legal or equitable, under this Bond tray be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and located and shall be instituted within two years after Contractor Default or within two at Surety's expense take one of the following act ions: years after Contractor ceased working or within two years after S refines or flails to perform its obligations under this Bond, whichever occurs first If the provisions of 4.1. Arrange for Contractor, with consent of Owner, to perform and complete this paragraph are void or prohibited by law, the minimum period of limitation the Contract; or available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4.2. Undertake to perform and complete the Contract itself through its agents 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address or through independent contractors, or shown on the signature page. 43. Obtain bids or negotiated proposals from qualified contractors acceptable 11. When this Bond has been famished to comply with a statutory requirement in the to Owner for a contract for performance and completion of the Contract, location where the Contract was to be performed, any provision in this Bond arrange for a contract to be prepared for execution by Owner and conflicting with said statutory requirement shall be deemed deleted herehom and Contractor selected with Owner's concurrence, to be secured with provisions conforming to such statutory requirement shall be deemed incorporated performance and payment bonds executed by a qualified surety equivalent herein The intent is that this Bond shall be construed as a statutory bond and notes a to the bonds issucd on the Contract, and pay to Owner the amount of common law bond. damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 12. Definitions. 4.4. Waive its right to perform and complete, mange for completion, or obtain 12.1 Balance of the Contract Price: The total amount payable by Owner to a mew contractor and with reasonable promptness under the circumstances: Contractor under the Contract after all proper edjusnnents have been made, including allowance to Contractor of any amounts received or to be 1 . After investigation, determine the amount for which it may be liable to received by Owner in setlement of insurance or other Clain for damages Owner and as soon as practicable after the amount is determined, to which Contractor is entitled, reduced by all valid and proper payments tender payment therefor to Owner, or made to or on behalf of Contractor under the Contract. 2. Deny liability in whole or in part and notify Owner citing reasons I2.2. Contract The agreement between Owner and Contractor identified on the therefor. signature Page, including all Contract Documents and changes taco. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, 123. Contractor Default Failure of Contractor, which has neither been Surety shall be deemed to be in default on this Bond 15 days al a receipt of an remedied nor waived, to perform or otherwise to comply with the terms of additional written notice from Owner to Surety demanding that Surety perform its the Contract obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner 12.4. Owner Default: Failure of Owner, which has neither been remedied nor refuses the payment tendered or Surety has denied liability, in whole or in waived, to pay Contractor as required by the Contract or to perform and pad without further notice Owner shall be entitled to enforce any remedy available to complete or c snply with the other germs thereof Owner. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker Owner's Respresentative (engineer or other party) PAYMENT BOND 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): PHENCO, INC. THE HANOVER INSURANCE COMPANY 133 S. Fieldcrest Drive, Neenah, WI 54956 100 North Parkway, Worcester, MA 01605 OWNER. (Name and Address): CITY OF OSHKOSH 215 Church Avenue, Oshkosh, WI 54903 -1130 CONTRACT Date: 6/8/2010 Amount: $ 871,933.33 Description (Name and Location): Riverside Park Phase 2, Seawall and Riverwalk Construction, Oshkosh, Wisconsin BOND Bond Number: 1926064 Date (Not earlier than Contract Date): 6/10/2010 Amount: $ 871,933.33 Modifications to this Bond Form: See Attached Amendment 1 Surety and Contractor, intending to be legally 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 AS PRINCIPAL SURETY Company: PHENCO, INC. / THE HANOVER INSURANCE COMPANY • (Seal) • . //L eal) Surety's Name and Corporate Seal N. is i itle: 4 . By: c ' `�C( � Q y v .c, / Signature and Title Roxanne Jensen, Attomey -in -Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: - Signature and le -y] CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) Signature: (Seal) Surety's Name and Corporate Seal Name and Title: By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: FJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Docasnents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, 8. Amounts owed by Owner to Contactor under the Contract shall be used for executors, administrators, successors, and assigns to Owner to pay for labor, the performance of the Contract and to satisfy claims, if any, under any materials, and equipment furnished by Claimants for use in the performance of performance bond. Dy Contractor furnishing and Owner accepting this Bond, the Contract, which is incorporated herein by reference. they agree that all funds earned by Contractor in the performance of the Contract arc dedicated to satisfy obligations of Contractor and Surety under this Bond, 2. With respect to Owner, this obligation shall be null and void if Contractor: subject 10 Owner's priority to use the funds for the completion tithe Wort 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 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 2.2. Defends, indemnifies, and holds harmless Owner from all claims, payment of any costs or expenses of any Claimant under this Bond, and shall demands, liens, or suits alleging non - payment by Contractor by any have under this Bond no obligations to make payments to, give notices on behalf person or entity who furnished labor, materials, or equipment for use in of or otherwise have obligations to Claimants under this Bond. the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of 10. Surety hereby waives notice of any change, including changes of time, to the any claims, demands, liens or suits and tendered defense of such Contract or to related Subcontracts, purchase orders and other obligations. claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 11. 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 3. With respect to Claimants, this obligation shall be mill and void if Contractor part of the Work is located or after the expiration of one year from the date (1) promptly makes payment, dmeetly or indirectly, for all sums due. 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 4. Surety shall have no obligation to Claimants under this Bond until: 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 4.1. Claimants who are employed by or have a direct contract with are void or prohibited by law, the minimum period of limitation available to Contractor have given notice to Surety (at the addresses described in sureties as a defense in the jurisdiction of the suit shall be applicable. 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, 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the the amount of the claim. addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as 4.2. Claimants who do not have e. direct contrail with Contractor: of the date received at the address shown on the signature page. 1. Have furnished written notice m Contractor and sent a copy, or 13. When this Bond has been furnished to comply with a statutory requirement notice thereof, to Owner, within 90 days after having last performed in the location where the Contract was to be performed, any provision in this labor or last furnished materials or equipment included in the claim Bond conflicting with said statutory requirement shall be deemed deleted stating, with substantial accuracy, the amount of the claim and the herefrom and provisions conforming to such statutory requirement shall be name of the party to whom the materials or equipment were deemed incorporated herein. The intent is that this Bond shall be construed as a furnished or supplied, or for whom the labor was done or statutory Bond and not as a common law bond performed; and 14. Upon request of any person or entity appearing to be a potential beneficiary 2. Have either received a rejection in whole or in part from Contractor, of this Bond, Contractor shall promptly furnish a copy of this Bond or shall or not received within 30 days of furnishing the above notice any permit a copy to be made, communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 15. DEFINITIONS 3. Not having been paid within the above 30 days, have sent a written 15.1. Claimant An individual or entity having a direct contract with notice to Surety and sent a copy, or notice thereof; to Owner, stating Contractor, or with a first -tier subcontractor of Contactor, to furnish that a claim is being made under this Bond and enclosing a copy of labor, materials, or equipment for use in the performance of the the previous written notice furnished to Contractor. Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water gas, 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to power, light, heat, oil, gasoline, telephone service, or rental equipment Contractor or to Surety, that is sufficient compliance, used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall Subcontractors, and all other items for which a mechanic's lien may be promptly and at Surety's expense take the following actions: asserted in the jurisdiction where the labor. materials, or equipment were flrnished. 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 15.2. Contract: The agreement between Owner and Contractor identified on the basis for challenging any amounts that are disputed. the signature page, including all Contract Documents and changes thereto. 6.2. Pay or arrange for payment of any undisputed amounts 15.3. Owner Default: Failure of Owner, which has neither been remedied nor 7. Surety's total obligation shall not exceed the amount of this Bond, and the waived, to pay Contractor as required by the Contract or to perform and amount of this Bond shall be credited for any payments made in good faith by complete or comply with the other terms thereof Surety. FOR INFORMATION ONLY —Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or ether party): Bond No. 1926064 AMENDMENT 1 Modification to the Payment Bond: Section 6. is deleted in it entirety and replaced with the following: When the Claimant has satisfied the conditions of Paragraph 4, and upon request by the Surety, provides the Surety with a properly executed Affidavit of Claim and documentation supporting the claim, the Surety shall, within a reasonable period of time, have the right the request additional documentation or information, state the amounts that are undisputed and /or provide the basis for challenging any amounts that are disputed. When documentation sufficient to establish a claim has been submitted, and the Surety has stated any amounts that are undisputed and /or provided the basis for challenging any amounts that are disputed, the Surety shall, within a reasonable period of time, pay or arrange for payment of any undisputed amounts. Nothing said or left unsaid by the Surety regarding a claim shall be construed as an admission of liability or as a waiver of any defenses or rights that may exist to the Contractor and /or Surety with respect to the claim. This Power of Attorney may not be used to execute any bond with an inception date after February 1, 2011 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Jeffrey R. Meisinger, Kelly Cody, Kenton Arps and /or Roxanne Jensen of Green Bay, WI and each is a true and lawful Attorney(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Fifteen Million and No /100 (515,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attomeys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 9th day of June, 2008. .............. THE iIAN'WER:3Nt-LIR (..t C ?JY. ,� w MASSACHUSETTS BAY IN URAldr.,* t:L>Ml''ANY , � a ., v . • Ct Z C1" - ZENa IN.3UI+,ANC COM ANY Of AMERICA \ ,,, i As.. ,„ t am la ,/,' : ,, : y k A .;. (..000.) �. t.. c Mary aar a Ad c' il. vice P< see >t Xi ...... ::e.,r, K. .-;renr.3n. Assro.bt s•w rcarswr THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 9th day of June 2008, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. F Nr11tMM MN O�Ik 1CK • �v / ) / /�� t +, • ... IyCewiMre�♦S>�rlrr3 Hairy Ara': - - - — — — — — -- My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attomey and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this ibe day of 4. 2 , 2010. THE HANOVER INSURANCE COMPANY MASSACHU iI -IFS E3A?' INSURANCE COMPANY CITIZENS 3N:el n'tOCE CQf ANY OF AfilERICA i i` Cert ID 1514 ACORD TM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 6/10/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services central, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. sox 23004 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Green Bay WI 54305 -3004 I (920) 437 -7123 (920) 431 -6345 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A_ National Fire Insurance Co of 20478 _ Phenco, Inc. INSURER B: Continental Casualty Company 20443 INSURER c Valley Forge Insurance Company - _ 20508 133 South Fieldcrest Neenah WI 54956 INSURER D: Valley Forge Insurance Company_ 20508_ I INSURER E: COVERAGES 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- AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TI -- -- POLICY EFFECTIVE POLICY DA T E (MMIDDIYYI EXPIRATION DAMAGE TO RENTED S INSR DD'L GENERAL LIABILITY NUMBER DATE LIMITS 1,000,000 LTR �'1NSRD TYPE OF INSURANCE POLICY DATE (MMIDDIYYI CLAIMS MADE X OCCUR 2066545042 1/1/2010 (ao 1 $ 100, 000_ COMMERCIAL MMERCIAL GENERAL LIABILITY -- - I $ - - -- A G 010 1/1/2011 PREMISES MED IXP (Any one person) I $ 5,000 PERSONAL &ADV INJURY 1$ 1,000,000 GEI GENERAL AGGREGATE 5 2,000,000 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG 15 2,000,000 1 POLICY 1 X i E a LOC AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT 5 D I II X {ANY AUTO 2066545073 1/1/2010 1/1/2011 (Ea accident) 1,000,000 000 _ - -__ ALL OWNED AUTOS BODILY INJURY 5 i I (Per person) SCHEDULED AUTOS l- - - --- - - - -- - X HIRED AUTOS BODILY INJURY 5 (Per accident) X NON-OWNED AUTOS I i _ - j -- - ,- PROPERTY DAMAGE $ GARAGE (Per accident) . AUTO ONLY - EA ACCIDENT $ , ANY AUTO OTHER THAN _EA ACC 5 AUTO ONLY: AGG 5 I EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,00D B i X IOCCUR [ CLAIMS MADE 2084964068 1/1/2010 1/1/2011 [AGGREGATE $ 5,000,000 S • DEDUCTIBLE - $ RETENTION $ $ C WORKERS U COMPENSATION AND 2066545056 1/1/2010 1/1/2011 X 1TOUT ITS - OTH ER 1_ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ - 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EAEMPLOYEE^ 5 100,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: RIVERSIDE PARK PHASE 2, SEAWALL & RIVERWALK CONSTRUCTION. ADDITIONAL INSURED ON THE GENERAL LIABILITY, AUTO & UMBRELLA POLICY AS RESPECTS THE PROJECT NAMED: CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS AND AECOM USA INC. PER BLANKET ADDITIONAL INSURED ENDORSEMENTS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF OSHKOSH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 315 CHURCH STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. OSHKOSH WI 54901 AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 Page 1 of 2