HomeMy WebLinkAboutEJCDC Integrity Grading & Excavating, Inc 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 Integrity Grading & Excavating, 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:
Landfill Gas Venting System, Knapp Street Quarries
City of Oshkosh, Department of Public Works, Oshkosh, Wisconsin
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:
Landfill Gas Venting System, Knapp Street Quarries
City of Oshkosh, Department of Public Works, Oshkosh, Wisconsin
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.
00520 -1
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 fmal 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 for June 1, 2010, balance of site work, and completed and
ready for fmal payment in accordance with Paragraph 14.07 of the General Conditions on or before January 1, 2011.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer fmancial 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 R0 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 $0 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 fmal 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
EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright D 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520 -2
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:
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 7, inclusive).
2. Performance bond (pages 1 to 2, inclusive).
3. Payment bond (pages 1 to 2, inclusive).
4. Other bonds (pages to , inclusive).
a. (pages to , inclusive).
b. (pages to , inclusive).
c. (pages to , inclusive).
5. General Conditions (pages 1 to 41, inclusive).
6. Supplementary Conditions (pages 1 to 13, inclusive) and City Supplements dated September 2009.
7. Specifications as listed in the table of contents of the Project Manual.
8. Drawings consisting of 11 sheets with each sheet bearing the following general title: Landfill Gas Venting
System, Knapp Street Quarries.
9. Addenda (numbers lto2, inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (pages 1 to 8, inclusive).
b. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive).
c.
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 -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 1 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 D 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 Feb . 22 , 2009 (which is the Effective Date of the Agreement).
OWNER: CITY OF OSHKOSH CONTRACTOR: INTEGRITY GRADING & EXCAVATING,IN
M A. Rohl off
Title: City Manager Title: ;)(- esA.tJ
[CORPORATE SEA ( [CORPORATE SEAL] A AP' ii
Attest: � � � Attes � , %l-.i ....---'
Pamela R. tibri g
Title: City Clerk Title: 5t-C- 1 'LS,
Address for giving notices: Address for giving notices:
215 Church Avenue (p S ('rQS) t%-.c . 1Jr.
Oshkosh, WI 54901 ccii,o c e 1 ,� t W 1 s q 4'1(0
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:
,, neressar, p
(If Contractor is a corporation or a partnership, attach evidence
, =k... . ?y the liability wii is of authority to sign.)
p yI i Gcr t + ,c ,fact.
APPROVED
0 . 4 „..-,,,,
AAA 4 CITY AT : ` l r
' WISCONSIN
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 -6
w -CJO
•
BID FORM
-,i
B-1 - PROJECT IDENTIFICATION:
City of Oshkosh
Knapp Street Quarries
Landfill Gas Collection System
•
.J
PROJECT NUMBER 60139789
•
j B-2 - BID IS SUBMITTED TO:
�
Attn: David Patek
J City of Oshkosh
P.O. Box 1130
215 Church Avenue
1 Oshkosh, WI 54903 -1130
(hereinafter called OWNER)
B-3 - BIDDER'S OBLIGATIONS AND REPRESENTATIONS
3.01. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into a Construction
• Subagreement with OWNER in the form included in the Construction Subagreement Documents to perform and
furnish all Work as specified or indicated in the Construction Subagreement Documents for the Contract Price and
within the Contract Times indicated in this Bid and in accordance with the other terms and conditions of the
Construction Subagreement Documents.
3.02 This Bid will remain subject to acceptance for 60 days after the day of Bid opening. BIDDER will sign •
and deliver the required number of counterparts of the Construction Subagreement with any Bonds and other
documents required by the Request for Bid and Bid Form within 15 days after the date of OWNER's Notice of
Award.
3.03 In submitting this Bid, BIDDER represents, as more fully set forth in the Construction Subagreement,
that
A. BIDDER has examined and carefully studied the Bid Documents and the following Addenda (receipt of
all which is hereby acknowledged):
Addendum Addendum
Date Number
n nz
B. BIDDER has visited the Site and become familiar with the general, local, and Site conditions that may
affect cost, progress, performance, and furnishing of the Work;
C. BIDDER is familiar with and has satisfied itself as to all federal, state, and local Laws and Regulations
that may affect cost, progress, performance and furnishing of the Work.
D. BIDDER is aware of the general nature of and former use of the site that relates to Work for which this
Bid is submitted as indicated in the Construction Subagreement Documents.
B -1
j . ,
---# F. BIDDER has correlated the information known to BIDDER from information and observations obtained
fr om visits to the Site, reports and drawings identified in the Construction Subagreement Documents.
G. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that
BIDDER has discovered in the Construction Subagreement Documents and the written resolution thereof by
ENGINEER is acceptable to BIDDER, and the Construction Subagreement Documents are generally sufficient
to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for
which the Bid is submitted.
H. This Bid is genuine and not made in the interest or on behalf of any undisclosed individual or entity and
J is not submitted in conformity with any agreement or rules of any group, association, organization or
corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or
sham Bid; BIDDER has not solicited or induced any individual or entity to refrain from submitting a Bid; and
BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over
.j ENGINEER
- "] B-4 - CONTRACT PRICE
4.01 BIDDER will complete the Work in accordance with the Construction Documents for the following price(s):
A. BASE BID PRICE
3 No. Description Unit Price Total
1. Mobilization / Demobilization and Project 4' (/$ 00o 2'2'
Administration 77
2. Exploration Trenching (2A)
The unit price shall represent the cost per day of an "exploration trench crew" including all equipment and
materials. The base bid shall include 4 days of exploration trenching. This Unit Price will be used as the
basis of payment if exploration trenching exceeds, or is less than, the 4 days assumed in the base bid.
1 2A. Exploration Trenching [Unit Price per Day]
Assume 4 days ofExploration Trenching $ I11 $ "V00 ...•:.b
J 3. Installation of Perimeter Fencing [Unit Price per t eg ii a
Linear Foot] $ )oZ $ y� 1 ✓
Assume 3,400 linear feet ofperimeter fencing.
J 4. Installation of Landfill Gas Collection Trench/Piping Unit Pricing (Items 4A, and 4B)
As the base bid basis assume all Landfill Gas Collection Trench and associated piping will be installed at a
trench depth of 20 feet bgs except for the "Northeast Loop" shown on the east quarry drawing that is
installed at a depth of 15 feet bgs.
1 4A. Installation of gas collection trench and
collection piping to a depth of 20 feet bgs. [Unit
Price per Linear Foot]
Assume bgs. 2,600 Linear Feet ofgas trench at 20 $ r t � u � d c
feet l7 10 $ 1
A B -2
4B. Installation of gas collection trench and
_,J collection piping to a depth of 15 feet bgs. [Unit
Price per Linear Foot]
_ ] Assume 400 Linear Feet of gas trench at 15 feel
bgs. $ 7 — ` v
, g& —
$ aag .�
5. Installation.of Landfill Gas Collection Piping
under Knapp Street including all cost associated
r -_ with permitting, trenching, pipe installation and
restoration. [Unit Price per Linear Foot]
Assume 40 Linear Feet of gas trench pipe under
Knapp Street. $ ''f 3 V(' a
1 J
$ ,9�y,yo
6. Installation of Well Head Vaults, Control Valve
Vaults, Passive Vent Vault/Vents, and
r Condensate Knock -Out Sampling Vault as
shown on drawings $ 1 S, so a - 9'.3 ./
7 Removal of existing Gas Vents as shown on
,- drawings
$
l 3s..��.V-
8. Installation of blower system.
r 3
9. Installation of electrical and control system.
$ / 9 Oao. do ./
10. Start -Up and demonstration of vent system.
11. Grading and re- capping of West Quarry (11A. and 11B.)
Waste fill generated during construction of the
Quarry by removing the existing clay cap, placing the e fill, and trench may be disposed of m the West
re-capping the site.
11A. Temporary removal and re- capping of West
j Query
$ - 37 'Ng sc,
11B. Load, haul and place waste fill from the trench
J excavation. [Unit Price per in -place cubic yard]
Assume 7 000 yd at a "landfill in place density"
of 1,4001bs/yd 4,900 tons 1 ,
_______,.._____
j
• z -,49
•
..,..4...
,..
-1J Summation of Bid Items (Sum of "Total Column ")
BASE BID PRICE C ;XAvni -4 nikt "N+o„
St4,i Oh +.Acnlati n %ntly.,'fwp elArl' cliact Ivn e3Ai" Car►#Y
j (written)
Dollars ($ foa q 29a, 98_
j •
1. I
- 1
B -3
..1 • ,
■
B. ALTERNATES 'L
-- ] • Include the following alternate prices: 1`; q
'� t �ti
- ] Alternate 1 — Add for disposal of all excavated spoils material to Winnebago County Landfill, Oshkosh, ''
dr Wisconsin (Alternate price to include all transportation handling and tipping fees)
— ] Assume 7,000 yd a `landfill in place density" of 1,400 lbs/yd 4,900 tons `l v -r
Add (OM kelJetcl St }G� S•CvrA f �i uJa.. l Tom+- lxr a Z. h _ /-&,,,- coo a
(ej
H.1 Dollars ($ 1 to? ysa -OO ).
(f
m J - Tipping Fee charge at Winnebago County Landfill
used in developing Alternate 1 price $ 3 ' Ind 'F `k4 ton = t`� 1 4t•
T per
1 Alternate 2 — Add for disposal of all excavated spoils material to Waste Management g ment Valley Trail Recycling
and Disposal Facility, Berlin, Wisconsin. (Alternate price to include all transportation handling and tipping
J fees)
Assume 7,000 yd a "landfill in place density // " of 1,400 pp lbslyd 3 or 4,900 tons
Add Onejivad,t1 h;nl4 "4 1 -49.44 6t# - Auhe1re kPf eLika
J (writl�en)
Dollars ($ 19t qSa, 0o . ).
(f )
‘] Tipping Fee charge at to Waste Management p
Valley Trail Recycling and Disposal Facility used �� /7 � `t � t y�
.] ,
in developing Alternate 2 price $ / T • O d per ton
i
C.. SCHEDULE OF SUPPLEMENTAL UNTT PRICES
X % 5 c9
As conditions warrant due to the level of groundwater, it may be necessary for the CONTRACTOR to
install the gas collection trench at a depth less than 20 feet bgs. In the event that the gas collection trench is ' � % e •
installed at a depth less than 20 feet bgs, CONTRACTOR shall be paid the following unit rate per linear
foot of gas collection trench/piping installation instead of the unit rates provided in bid items 4A and 4B. 6
5.
No. Description Unit Price
S 1. Installation of gas collection trench and All trenching greater than 18 feet will be paid at the
I collection piping to a depth of 18 to 20 feet bgs. Unit Price provided in item 4A.
S2. Installation of gas collection trench and
collection piping to a depth of 16 to <18 feet bgs. $ (QO p
1 • of (0 per Linear Foot
S3. Installation of gas collection trench and
collection piping to a depth of 14 to <16 feet bgs. $ S per Linear Foot
J S4. Installation of gas collection trench and F t �
collection piping to a depth of 12 to <14 feet bgs. $ 5 6 . 1 l per Linear Foot
I S5. Installation of gas collection trench and
collection piping to a depth of 10 to <12 feet bgs. $ 5 S" iit per Linear Foot
— 84
Depending on the condition of the segregated fill that has been excavated, it may be necessary to import clay
and topsoil from off site. The imported clay and topsoil may be used when restoring the cover over the new
gas trenches and the West Quarry.
S6. Import Clay from an offsite source meeting the
specification requirements. Unit price shall
include the material, transportation, and
placement.
Assume up 10 5,000 Cubic Yards of Clay cp
Material $ b per Cubic Yard
S7. Import Topsoil from an offsite source meeting
the specification requirements. Unit price shall
include the material, transportation, and
placement based on 6" of thickness.
Assume up to 7,500 Square Yards of Topsoil
"
Material $
per Square Yard
J 13-5 - CONTRACT TIMES
5.01 BIDDER agrees that the Work will be:
A. Completed and ready for final payment in accordance with on or before the dates or within the number of
calendar days indicated in the Construction Subagreement
5.02 BIDDER accepts the provisions of the Construction Subagreement as to liquidated damages in the event of
failure to complete the Work within the times specified in the Construction Subagreement.
11-6 - EXHIBITS
6.01 The following documents are attached to and made a condition of this Bid:
ENGINEERING DRAWINGS
TITLE AND INDEX
1 EXISTING CONDITIONS
J 2
EAST QUARRY LANDFILL GAS EXTRACTION SYSTEM
3
WEST QUARRY LANDFILL GAS EXTRACTION SYSTEM
4 SPOILS RELOCATION PLAN
5
6 EROSION CONTROL PLAN
PROFILE - EAST QUARRY LANDFILL GAS PIPING
7 PROFILES - WEST QUARRY LANDFILL AND KNAPP STREET GAS PIPING
8 PIPING AND VAULT DETAILS
J 9 BLOWER STATION DETAILS
10 EROSION CONTROL DETAILS
11 ELECTRICAL, INSTRUMENTATION AND CONTROL
B-5
B-7 - COMMUNICATIONS
7.01 Communications concerning this Bid shall be directed to the BIDDER indicated below:
Name: it....1TEGotit'L 6 #N0 El( 4. *dub r- C
Address: $1,10 'oS ,») it; v let in a
State: U.) ;A,)
Telephone/FAX No.: f — 3 -4o'/ / 4--,„ 351 - zhva
B-8 - TERMINOLOGY
8.01 The terms used in this Bid which are defined in the General Conditions of the Contract between ENGINEER
and Subcontractor (General Conditions) included as part of the Construction Subagreernent Documents have the
meanings assigned to them in the General Conditions. Terms defined in the Requ for Bid are used with the same
meaning in this Bid.
1
J
J
J
J
J
:11 B-6
..,
I hereby certify that as BIDDER Itwe have examined and carefully prepared this Bid from the Constniction
Subagreement Documents and have checked the same m detail before submitting this Bid, and that all statements
herein are made on behalf of:
j An Individual: By owntrai)
(rYlottl)
(Individuars Name)
3 doing business as
(Film Name)
Business address:
T.
1 ' Phone No.:
1,W
m.w i
A Partnership: By
(Pim Name)
i By ‘Written)
("rnIrd)
(General Partner)
Business address:
.,.....,
Phone No,:
_
--,
act.o3 .7 ( -
j ,..,
CA orporation: By , /..."_1"." Z-e.,lo,(71 .1. krrE61Z11114944604 13001 64411 (corporttion Name)
,
(State of Incornotati
J By /urinal) 411 er% tlie:trACAA.c.
(Typed)
(Nme &Person Authorized to Sign)
uk "' .. ao• 6"
Corporate Seal)
i Attest W
.... 40101111111."* --__::_ A.......p•i
nitten
(4)
(Secreta
Business address: (005 Gleos,SmAti
j ''.t -r '4.4A del- 1,1-__ SAP&
] Phone No.: 0 iS - t k)I1A
A Joint Venture: 13y (Wren)
J
l
(Typed)
(Name)
(Address)
By (Written)
(TYPed)
(Name)
(Address)
j
—
j
—
j
Et--7
...,
...- ,
]
- Phone number and address for receipt of official communications:
,,, ‘05 ,..2.osswio-vi bi, 4/ .‹. qtrA : 4 i)en weinka-
sc.t.A t its ‘,..t slot., 1 is - 359
(Each joint venturer must sign. The manner of signing for each individual, partnership, and comoration that is a
party to the joint venture should be in the manner indicated above).
1 Sworn and subscribed to before me this
.21L__ day of 03. 20,10_.
1
,
j .. '
Not: or other office .uthorizeJ to a minister oaths
M commission ex ues: 7 6 20,13
(Bidders shall not add any conditions or qualifying statements to this Bid as otherwise the Bid may be declared
irregular as being not responsive. BIDDERS SHALL USE THIS BID FORM IN SUBMITTING THEIR BIDS.)
i
J
1
1
1 .,,,
./
„.
1
1
,
1
,
13-8
SECTION 00450
BIDDER'S QUALIFICATION STATEMENT
EQUIPMENT TO BE UTILIZED ON THIS PROJECT
1 -- ;141 4 S Nc-erte
A9;) eyz_
•,D.5 Atizt - r/24A-dc
.1 St/ Co4tpe4-
1
PREVIOUS EXPERIENCE ON SIMILAR PROJECTS
OCLO P16.4(7114 tArAJN.F11
tActeasst. C oj 1-4414,ibriLL
" ?4 , erAec act rtict Lcs,Lkt.R., L
Lo->tot-0 Cock4.4 1-
*M I
is
00 4 50 - 1
S
aet
SECTION 00460
SUBCONTRACTOR LIST FOR WORK ON THIS PROJECT
Approximate % of
Name Address Telephone No. Contract Amount
Fcitrtekss 122-5 (Ake ‘1104;eftv-e cizo - 490 -1335 77o
j t_e4 , 3 ext., a 5436
„ Ittie&t 119 Cctisitfotti WO- 351r— 61(03 6 - 3 - 1/0
Aore Ltzz .3" - terg
1‘1 e416-443eqrelelvi qisci etArawac. 60- gtic--701 3*J
rbe cotzesr cAzr
1 (i ALk) Arykafvtidion e„ tbokri 9`Do- (04 t 037s - 570
00460-1
S60141423-00460-SUBCONTRACTOR-LISTDOCX
1.
SECTION 00470
LIST OF ALTERNATES/ALTERNATIVES
The Contractor shall provide a detailed description of means and methods for alternative
approaches to completing the specified work.
3
3
1
1.
3
1
1
3
1
00470-1
S60141423-00470-LIST-OF-ALTERNATES DOCX
3
1 ,,.
PENAL SUM FORM
--I BID BOND
j ....
Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and Address):
i
Integrity Grading & Excavating, Inc.
605 Grossman Dr P.O. Box I38
Schofield, WI 54476-0138
1 SURETY (Name and Address of Principal Place of Business):
The Hanover Insurance Company
440 Lincoln Street
1 Worcester, MA 01653
OWNER (Name and Address):
City of Oshkosh
I 215 Church Ave, Rm 104 P.O. Box 1130
Oshkosh, WI 54901
BID
BID Due Date: 1/26/2010
I Project: (Brief Description Including Location):
Landfill Gas Venting System Knapp Street Quarries
Project No. 10-08
BOND
Bond Number: Bid
i .
Date: (Not later than Bid due date): 1/20/2010
Penal sum: Five Percent of Bid Amount 5% of amount bid
(Words) (Figures)
.i.
Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each
cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative
.
1
BIDDER SURETY
I .
Integrity Grading & Excavating, Inc. (Seal) The Hanover Insurance Company (Seal)
Bidder's Name and Corporate Seal Surety's Name and Corporate Seal
. di .....--"
By: Am"
Signature and Title Signature and Title Chris S ..- , gel
(Attach Power of Attorney) Attorney-In-Fact
1
•
,
] Attestr° ----"'" ,d. . Attest: 1 2(1/ .
&gnaw 'and Title Signature and n e
0 1
Note: Above addresses are to be used for giving required notice.
....
3 EJCDC NO. C-430 (2002 Edition) 00430-1
Prepared by the Engineer's Joint Contract Documents Committee and endorsed by the
Associated General Contractors of Arnenca and the Constructioin Specifications Institute.
3
PENAL SUM FORM
... 1. Bidder and Surety, jointly and severally bind
themselves, their heirs, executors, administrators, 7. Any suit or action under this Bond shall be commenced
only in a court of competent jurisdiction located in the
r i successors and assigns to pay to Owner upon default of
Bidder the penal sum set forth on the face of this Bond. th which the Project is located
Payment of the penal sum is the extent of Surety's
8. Notices required hereunder shall be in writing and sent
] 2, Default of Bidder shall occur upon the failure of Bidder to Bidder and Surety at their respective addresses $ hOYM
the face of this Bond. Such notices may be sent by
I i to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing delivery, cornmetr,lal courier, or by United States
Registered or Certified Mail, return receipt requested,
_1
Owner) the executed Agreement required by the Bidding
bonds the Bidding postage pre-paid, and shall be deemed to be effective
Documents and any performance and payment b
reoeipt by the party concerned.
required by
9. Surety shall cause to be attached to this Bond a
. 3. This obligation shall be null and void if. and effective Power of Attorney evidencing the authority
3.1. Owner accepts Bidder's Bid and Bidder delivers the officer, agent, or representative who executed this
within the time required by the Bidding on behalf of Surety to execute, seal, and deliver such Bond
Documents for any extension thereof agreed to and bind the Surety
j writing by Owner) the executed Agreement
required by the Bidding Documents and any 10. This Bond is intended to =fot) to all applicable
performance and payment bonds required by 10, This Bond is Intended to conform to ail applicable
Bidding Documents, statutory requirements. Any applicable requirement of any
applicable statute that has been omitted from this Bond
i 3.2. All Bids are rejected by Owner, or be deemed to be included herein as if set forth at length. If
3.3. Owner falls to issue a Notice of Award to be deemed to be included herein as if set forth at length. If
within the time specified in the Bidding any provision of this Bond conflicts with any applicable
Documents (or any extension thereof agreed to statute, then the provision of said statute shall govern and
writing by Bidder and, if applicable, consented the remainder of the Bond that is not in conflict therewith
]
by Surety when required by Paragraph 5 shalt continue in full force and
11. The term "Bid" as used herein includes a Bid, offer,
0 4. Payment under this Bond will be due and payable proposal as
default by Bidder and within 30 calendar days after
..... by Bidder and Surety of written notice of default from
Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and
including a statement of the amount due.
—
5. Surety waives notice of any and alt defenses based on
arising out of any time extension to issue Notice of
agreed to in writing by Owner and Bidder, provid" ed that
the total time for issuing Notice of Award including
extensions shall not in the aggregate exceed 120 days
Bid due date without Surety'sl,vritten consent.
6. No suit or action shall be commenced under this Bond
prior 10 30 calendar days after the notice of default
in Paragraph 4 above is received by Bidder and Surety
.00 in no case later than one year after Bid due date.
ga
...,
.....
Oa
....
a
EJCDC NO. C-430 (2002 Edition) 00430.2
— Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated Genera! Contractors of /unerica and the Construction Specifications Institute.
.....
. ,
441 THE HANOVER INSURANCE COMPANY
MASSACHUSE rrs BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
- 1 POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THCSE 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
i AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint;
Michael J. Douglas, Chris Stelnagel, Liz Mosca and/or Bryan Jay Huft
,--J
of Hudson, WI and each is a true and lawful Attomey(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
,i 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 Twenty Minion and No/100 ($20,000,000) in any single Instance
I 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 Attorneys-in-fact of the Company, in its name and as its aces, to execute and acknowledge for and on Its betudf as Surety any and
all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obfigatory 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 execteed
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)
1 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 14' day of January 2009.
1 i THE HANOVER INSURANCE COIAPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZE - URANCE COMP • OF AMERICA
]
,.-.-..
gr: -
ary Jeanne ,
Alit \r" • •
M - • , ice - • -
,..1 1' 4 lir -
Am. _ .,..(1.4....:t
J Robert K. Grennan, Assistan •ce President
THE COMMONWEALTH OF MASSACHUSETTS )
i COUNTY OF WORCESTER ) ss.
On this le day of January 2009. before me carne 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 personalty 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, respectivety, and that the saki corporate seals and
i
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporatiorts.
..a zer52.41?...d4c:r z e -L .
•""" mew" ex *mum
1 l(f.Ploii.iiiiimesillimsPihil Notary Public
—1 - -- My commission expires on November 3, 2011
1, 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
. J. 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 at Powers of Attorney and Certified Copes 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 affuced, even though one or more of any such signatures thereon may be facsimile." (Adopted
October 7, 1981 - The Hanover Insurance Company, Adopted April 14, 1 982 Massachusetts Bay Insurance Company; Adopted September 7. 2001 •
I Th
Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this a.04 -h day of 3 EtA.a././I i , 201, -
J THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
C d S INSU •. l E C*., • ANY OF , ERICA
,
srep - . Brau , . ssisian VF Pro
: ,
FROM O.. ni Pale Ina 7168464600 <MON)MAR 28 2010 1.: 15651. 14: 1T/Ho. 7515710007 P 1
A ORQ_ CERTIFICATE OF LIABILITY INSURANCE 31 0
pRooucsa TIES CERTIFICATE 18 ISSUED AB A MATTER OF INFORMATION
CLINT NEST INSURANCE AGENCY, INC. HOLDER. THi CERTIFIGTE�DOE NOT C EXXTEND OR TE
1201 8. 11TH AVENUE, PO BOX 985 ALTER THE COVERAGE AFFORDED BY THE POES BELOW.
NAUSAO, NI 54402 -0985
715 -845 -7039 INSURERS AFFORDING COVERAGE NAME
RRSUIIED INTEGRITY GRADING & EXCAVATING, IIFC NBURRERA: ACUITY
INSURER E
605 GROSSMAN DR INSURER C:
SCHOFIELD, NI 54476 INSURER D:
1715- 359 -4042 INSURER E
COVERAGES
THE POLICES OF INSURANCE LISTED BELLOW NAVE 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 GERTUICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLRCES.AGGREGATE LILESSHONN MAY HAVE BEEN REDUCED BYPAID CLAIMS.
121111 2301.
L. PpLI�y Try
J TYPE OF NRIRAN'F POLICY NUMBER DATEBAtI�WI WIMP" T
GENERAL LMBL.DY
EACH OCCURRENCE B 1.000.000
X COIMI5GK GENERAL LMBR.m PRBIBSEM IBM , RmMRRNI) B 1.000.000
J CIASABIMDE BE OCCUR M0E7P(MYas pawn) M 5.000
A X _ L37298 04/03/09 04/03/10 PERSONAL IADVNLLRY s 1,000.000
CONTRACTUAL Gam AOG98OATE s 2.000.000
GEHL A90REGATE LINT APPLES PER: PRODUCTS- OOIPEPAGG $
— 7Pa.ICYrI c ° ' 1LDC 2.000.000
AUTOMOBILE UAGUTY .
COLGINEO SINGLE
AMYAUTD R 1,000,000
J._ ALL OWNED AUTOS
_ SCHEDULE" AUTOS BONLYRUU )In' S
A X - X.IIREDAUTOS 1.37298 04/03/09 04/03/10 paw !Nasty
1 NDNDWNWAUTOs s
�••
PROPERTY DAMAGE — S —
GARAGE UABLrtY
AUTOONLY EAACCIDENTT 1
ANYA= GAACC 8 _
OBE RMAN
AUR)ONLY: A00 B —
OCCESNMERELLALABUTY
EACH occumeice s 6.000.000
p sM"OE AGOI4GATE $ 6.000, 000
L37298 04/03/09 04/03/10 s
A X 0LB)UCTTRP — $
X RETENTION $
s
EMPLOYERSU Y "'O z f ;�W $ I IV
""" E' RACE A $ 1.000, 000
L37298 04/03/09 04/03/10 EA- OMEAsE -wit
A LU. b.b OYN s 1.000.000
OMEN
ELDIBEABE•POL1LYLIAT .1 1. 000. 000
MARKET COVE E RENTED 4/3/09 4/3/10 3,097,730
OR LEASED RQUIPT 1
OE8CRPTIONOFOPEULTLONS/ L0CATI8M *IVEICUIS /ESCI.U$IONSA0O ®wE DONLIERTISPEDALPRONIONS
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS, THE CITY OF OSHKOSH L0 ELECTED OR
APPOINTED OFFICIAI.B, REPRESENTATIVE AGENTS. AND EfPLOYE S, A x,558 N NAIN
ST, OSHKOSH, NI 54901 ARE ADDITIONAL INSUREDS ON THE FOLLON:NGI REFERENCE JOH:
ENAPP ST QUARRIES LANNDFILL GAS VENTING SYSTEM. JOB & COST: CITY OF OSHKOSE
DEPARTMENT OF_PUBLIP_ vv8 /KNAPp ST QUART/ZEE LANDFILL GAS VENTING.
CERTIFICATE HOLDER CANCELLATION
CITY OF OSHEOSS D E F A R i I m I ' P O! PUBLIC
S H O U L D Y OF THE ABOVE DEBCNB® POJCIESBE CANCRIBD 40FO ETIE EXPIRATION
WORKS . DATE THE Eop THE RSIBLO INSURER wILL MM
RD IL31 OATS IYRnre+
215 CHURCH AVE NOTICE TO THE CERTIFICATE HOMIER NMCO TO THE LEFT. BUT FAILURE TO 00 80 SHALL
OSHKOSH, NI 54 903 PPORE NO OKIOATION on UMRLRY OF ANY NW UPON TIE - _ TITS AWNS OR
RGPIEBENTA ,
wTFXe
A 0RD7SGAOt!C4) •ACORD CORPORATION INS
03/29/2010 NOB 13:29 [JOB NO. 7879] 2001
BOND # 1931482
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):
Integrity Grading & Excavating, Inc. The Hanover Insurance Company
440 Lincoln Street
605 Grossman Dr P.O. Box 138
Schofield, WI 54476 -0138 Worcester, MA 01653
OWNER (Name and Address):
City of Oshkosh
215 Church Ave
P.O. Box 1130
Oshkosh, WI 54901
CONTRACT
Date: February 22, 2010
Amount: Five Hundred Seventy - Four Thousand Dollars and 39/100 ( $574,000.39 )
Description (Name and Location): Landfill Gas Venting System, Knapp Street Quarries
City of Oshkosh, Department of Public Works, Oshkosh, Wisconsin
BOND
Bond Number: 1931482
Date (Not earlier than Contract Date): March 1, 2010
Amount: Five Hundred Seventy - Four Thousand Dollars and 39/100 ( $574,000.39 )
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: integrity Grading & Excavating, Inc. ( Seal) The Hanover Insurance Company (Sea!)
Surety's Name and Co ate Sea
Signature: By: Aro %� j
Name and Title: Signature and Title: Ch Steinagel Attorney - in - Fact
(Attach Power of Attorney)
Witness: /,tid ZJ
(Space is provided below for signatures of additional parties, Signature and Title
if required.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Seal) (Seal)
Surety's Name and Corporate Seal
Signature: By:
Name and Title: Signature and Title:
(Attach Power of Attorney)
Attest:
Signature and Title
EJCDC No. C -610 (2002 Edition)
Originally prepared by 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.
00610 -1
1. Contractor and Surety, jointly and severally, bind themselves, their 6. After Owner has terminated Contractor's right to complete the
heirs, executors, administrators, successors, and assigns to Owner for the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above.
performance of the Contract, which is incorporated herein by reference then the responsibilities of Surety to Owner shall not be greater than those
of the Contractor under the Contract, and the responsibilities of Owner to
Surety shall not be greater than those of Owner under the Contract. To a
2. If Contractor performs the Contract, Surety and Contractor have no limit of the amount of this Bond, but subject to commitment by Owner o1
obligation under this Bond, except to participate in conferences as provided the Balance of the Contract Price to mitigation of costs and damages on the
in Paragraph 3.1, Contract, Surety is obligated without duplication for:
6.1 The responsibilities of Contractor for correction of defective
3. If there is no Owner Default, Surety's obligation under this Bond Work and completion of the Contract;
shall arise after: 6.2 Additional legal, design professional, and delay costs resulting
3.1 Owner has notified Contractor and Surety, at the addresses from Contractor's Default, and resulting from the actions or
described in Paragraph 10 below, that Owner is considering failure to act of Surety under Paragraph 4; and
declaring a Contractor Default and has requested and attempted 6.3 Liquidated damages, or if no liquidated damages a specified
to arrange a conference with Contractor and Surety to be held in the Contract, actual damages caused by delayed performance
not later than 15 days after receipt of such notice to discuss or non - performance of Contractor.
methods of performing the Contract. It Owner, Contractor and
Surety agree, Contractor shalt be allowed a resonable time to 7 . Surety shall not be liable to Owner or others for obligations of
perform the Contract, but such an agreement shall not waive Contractor that are unrelated to the Contract, and the Balance of the
Owner's right, if any, subsequently to declare a Contractor Contract Price shall not be reduced or set off on account of any such
Default; and unrelated obligations. No right of action shall accrue on this Bond to any
3.2 Owner has declared a Contractor Default and formally person or entity other than Owner or its heirs, executors, administrators, or
terminated Contractor's right to complete the Contract. Such successors.
Contractor Default shall not be declared earlier than 20 days
after Contractor and Surety have received notice as provided in 8 . Surety hereby waives notice of any change, including changes of
Paragraph 3.1; and time, to Contract or to related subcontracts, purchase orders, and other
3.3 Owner has agreed to pay the Balance of the Contract Price to: obligations.
1. Surety in accordance with the terms of the Contract.
9. Any proceeding, legal or equitable, under this Bond may be instituted
2. Another contractor selected pursuant to Paragraph 4.3 to
perform the Contract. 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
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall within two years after Surety refuses or fails to perform its obligations
promptly and at Surety's expense take one of the following actions: under this Bond, whichever occurs first. If the provisions of this paragraph
4.1 Arrange for Contractor, with consent of Owner, to perform and are void or proibited by law, the minimum period of limitation available
complete the Contract; or 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 or through independent contractors; or 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to
4.3 Obtain bids or negotiated proposals from qualified contractors the address shown on the signature page.
acceptable to Owner for a contract for performance and
completion of the Contract, arrange for a contract to be prepared 11. When this Bond has been furnished to comply with a statutory
for execution by Owner and Contractor selected with Owner's requirement in the location where the Contract was to be performed, any
concurrence, to be secured with performance and payment provision in this Bond conflicting with said statutory requirement shall be
bonds executed by a qualified surety equivalent to the bonds deemed deleted herefrom and provisions conforming to such statutory
issued on the Contract, and pay to Owner the amount of requirement shall be deemed Incorporated herein. The intent is that this
damages as described in Paragraph 6 in excess of the Balance of Bond shall be construed as a statutory bond and not as a common law bond.
the Contract Price incurred by Owner resulting from Contractor
Default; or 12. Definitions.
4.4 Waive its right to perform and complete, arrange for 12.1 Balance of the Contract Price: The total amount payable by
completion, or obtain a new contractor and with reasonable Owner to Contractor under the Contract after all proper
promptness under the circumstances: adjustments have been made, including allowance to Contractor
1. After investigation, determine the amount for which 11 of any amounts received or to be received by Owner in
may be liable to Owner and, as soon as practicable after settlement of insurance or other Claims for damages to which
the amount is determined, tender payment therefor to Contractor is entitled, reduced by all valid and proper payments
Owner; or made to or on behalf of Contractor under the Contract.
2. Deny liability in whole or in part and notify Owner citing 12.2 Contract: The agreement between Owner and Contractor
reasons therefor. identified on the signature page, including all Contract
Documents and changes thereto.
5. If Surety does not proceed as provided in Paragraph 4 with reasonable 12.3 Contractor Default: Failure of Contractor, which has neither
promptness, Surety shall be deemed to be in default on the Bond 15 days been remedied nor waived, to perform or otherwise to comply
after receipt of an additional written notice from Owner to Surety with the terms ot the Contract
demanding that Surety perform its obligations under this Bond, and Owner
12.4 Owner Default: Failure of Owner, which has neither been
shall be entitiled to enforce any remedy available to Owner. If Surety remedied nor waived, to pay Contractor as required by the
proceeds as provided in Paragraph 4.4, and Owner refuses the payment Contract or to perform and complete or comply with the other
tendered or Surety has denied liability, in whole or in part, without further terms thereof.
notice Owner shall be entitled to enforce any remedy available to Owner.
AECOM - Oshkosh Name: J. Ryan Bonding, Inc.
558 N Main St Address: 2920 Enloe Street, P.O. Box 468
Hudson, WI 54016
Oshkosh, WI 54901 Phone: (800) 535 -0006
EJCDC No. C -610 (2002 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the
Construction Specifications Institute.
r0 -08 .
•
BOND # 1931482
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):
Integrity Grading & Excavating, Inc. The Hanover Insurance Company
440 Lincoln Street
605 Grossman Dr P.O. Box 138
Schofield, WI 54476 -0138 Worcester, MA 01653
OWNER (Name and Address):
City of Oshkosh
215 Church Ave
P.O. Box 1130
Oshkosh, WI 54901
CONTRACT
Date: February 22, 2010
Amount: Five Hundred Seventy Thousand Dollars and 391100 ( $574,000.39 )
Description (Name and Location): Landfill Gas Venting System, Knapp Street Quarries
City of Oshkosh, Department of Public Works, Oshkosh, Wisconsin
BOND
Bond Number: 1931482
Date (Not earlier than Contract Date): March 1, 2010
Amount: Five Hundred Seventy Thousand Dollars and 39/100 ( $574,000.39 )
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 Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
Company: integrity Grading & Excavating, Inc. ( Seal) The Hanover Insurance Company (Seal)
Surety's Name and Co • . . to Seal
Signattu -_ /. �,� By: 4 � _
Name and Title: Signature and Title: Chris teinagel Attorney -in -Fact
(Attach // Power of Attorney)
Witness: tt/ --6/1 Z-0 -
(Space is provided below for signatures of additional parties, Signature and Title
if required.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Seal) (Seal)
Surety's Name and Corporate Seal
Signature: By:
Name and Title: Signature and Title:
(Attach Power of Attorney)
Attest:
Signature and Title
EJCDC No. C -615 (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, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
00615 -1
FaXd +D I CO indvis+rie
s' - 3, (&07 c'-1
1. Contractor and Surety, jointly and severally, bind themselves, their 8. Amounts owed by Owner to Contractor under the Contract shall be
heirs, executors, administrators, successors, and assigns to Owner to pay used for the performance of the Contract and to satisfy claims, if any, under
for labor, materials, and equipment furnished by Claimants for use in the any performance bond. By Contractor furnishing and Owner accepting this
performance of the Contract, which is incorporated herein by reference. Bond, they agree that all funds earned by Contractor in the performance of
the Contract are dedicated to satisfy obligations of Contractor and Surety
2. With respect to Owner, this obligation shall be null and void it under the Bond, subject to Owner's priority to use the funds for the
Contractor: completion of the Work.
2.1 Promptly makes payment, directly or indirectly, for all sums due 9. Surety shall not be liable to Owner, Claimants or others for
C I a i m a i n t s, and obligations of Contractor that are unrelated to the Contract. Owner shall not
2.2 Defends, idemnifies, and holds harmless Owner from all be liable for payment of any costs or expenses of any Claimant under this
claims, demands, liens, or suits alleging non - payment by Bond, and shall have under this Bond no obligations to make payments to,
Contractor by any person or entity who furnished labor, give notices on behalf of, or otherwise have obligations to Claimants under
materials, or equipment for use in the performance of the this Bond.
Contract, provided Owner has promptly notified Contractor and 10. Surety hereby waives notice of any change, including changes oI
Surety (at the addresses descrived in Paragraph 12) of any time, to Contract or to related Subcontracts, purchase orders, and other
claims, demands, liens, or suits and tendered defense of such 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
3.3 With respect to Claimants, this obligation shall be null and void i1 Work or part of the Work is located or after the expiration of one year from
Contractor promptly makes payment, directly or indirectly, for all sums the date (1) on which the Claimant gave the notice required by Paragraph
d u e. 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was
4. Surety shall have no obligation to Claimants under this Bond until: performed by anyone or the last materials or equipment were furnished by
anyone under the Construction Contract, whichever of (1) or (2) firs(
occurs. If the provisions of this paragraph are void or prohibited by law, the
4.1 Claimants who are employed by or have a direct contract with minimum period of limitation available to sureites as a defense in the
Contractor have given notice to Surety (at the addresses jurisdiction of the suit shall be applicable.
described in Paragraph 12) and sent a copy, or notice thereof, to
Owner, stating that a claim is being made under this Bond and, 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to
with substantial accuracy, the amount of the claim. • the addresses shown on the signature page. Actual receipt of notice by
4.2 Claimants who do not have a direct contract with Contractor: Surety, Owner, or Contractor, however accomplished, shall be sufficient
1. Have furnished written notice to Contractor and sent a compliance as of the date received at the address shown on the signature
pa ge.
copy, or notice thereof, to Owner, within 90 days after
having last performed labor or last furnished materials or 13. When this Bond has been furnished to comply with a statutory
equipment included in the claim stating with substantial requirement in the location where the Contract was to be performed, any
accuracy, the amount of the claim and the name of the provision in this Bond conflicting with said statutory requirement shall be
party to whom the materials or equipment were furnished deemed deleted herefrom and provisions conforming to such statutory
or supplied, or for whom the labor was done or performed; requirement shall be deemed incorporated herein. The intent is that this
and Bond shall be construed as a statutory Bond and not as a common law
2. Have either received a rejection in whole or in part from bond.
Contractor, or not received within 30 days of furnishing
14. Upon request of any person or entity appearing to be a potential
the above notice any communication from Contractor by
which Contractor had indicated the claim will be paid beneficiary of this Bond, Contractor shall promptly furnish a copy of this
directly or indirectly; and Bond or shall permit a copy to be made.
3. Not having been paid within the above 30 days, have sen( 15. Definitions
a written notice to Surety and sent a copy, or notice
thereof, to Owner, stating that a claim is being made under 15.1 Claimant: An individual or entity having a direct contract with
this Bond and enclosing a copy of the previous written Contractor, or with a first -tier subcontractor of Contractor, to
notice furnished to Contractor. furnish labor, materials, or equipment for use in the
performance of the Contract. The intent of this Bond shall be to
5. If a notice by a Claimant required by Paragraph 4 is provided by include without limitation in the terms "labor, materials or
Owner to Contractor or to Surety, that is sufficient compliance. equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service, or rental equipment used in the
6. When a Claimant has satisfied the conditions of Paragraph 4, the Contract, architectural and engineering services required for
Surety shall promptly and at Surety's expense take the following actions: performance of the Work of Contractor and Contractor's
6.1 Send an answer to that Claimant, with a copy to Owner, within Subcontractors, and all other items for which a mechanic's lien
45 days after receipt of the claim, stating the amounts that are may be asserted in the jurisdiction where the labor, materials, or
equipment were furnished.
undisputed and the basis for challenging any amounts that are 15.2 Contract: The agreement between Owner and Contractor
disputed. identified on the signature page, including all Contract
6.2 Pay or arrange for payment of any undisputed amounts. Documents and changes thereto.
15.3 Owner Default: Failure of Owner, which has neither been
7. Surety's total obligation shall not exceed the amount of this Bond, remedied nor waived, to pay Contractor as required by the
and the amount of this Bond shall be credited for any payments made in Contract or to perform and complete or comply with the other
good faith by Surety. terms thereof,
FOR INFORMATION ONLY - Name, Address and Telephone
Surety Agency or Broker: J. Ryan Bonding, Inc., P.O. Box 465, Hudson, WI 54016 ; 800/535 - 0006
Owner's Representative (engineer or other party):
AECOM - Oshkosh
558 N Main St
Oshkosh, WI 54901
EJCDC No. C -615 (2002 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the
Construction Specifications Institute.
THE HANOVER INSURANCE COMPANY
MASSACHUS'E TS 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;
Michael J. Douglas, Chris Steinagel, Liz Mosca and /or Bryan Jay Huft
of Hudson, 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 Twenty Million and No /100 ($20,000,000) 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 Attorneys -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 14 day of January 2009.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
„, *,+� ce CITIZEN�SJNSURANCE COMPANY OF AMERICA
/�• .. _ fir' °qP J ,a• .. ...,)
BEAL .:. l�• tit tom C,
Mary Jeanne d- on, V c Pres t
� r
Robert K. Grennan, Assistan rice President
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
On this 14th day of January 2009, 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.
/IAA UMW AIM OPIUM 2A447. ti - t,.. . ,. ,�
' • Notary Public
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 Attorney 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 5f day of /jI rCI , 20 1) .
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITI 5 INSU' ' CE CO E "ANY OF ERICA
Srepfr
Braur, ssistunt Vice Pres' ' nt
(4)
CITY OF OSHKOSH
215 Church Avenue
O.IHKOJH P5 54903-1130
1130
Oshkosh, WI 54903 -1130
ON THE WATER
FAX MESSAGE TRANSMISSION
Date: 5 — /
To: / 5(Q 1rJus tP,S
Fax Number: S 0 2.- S g- LID /1
From: K
Phone Number: 0 710 - -- Z3(, 5 / /
Number of Pages (Including Cover Page):
4 4
Message: n 1 Btrldt_
\ ,017) rgn e
This is a transmission from the City of Oshkosh and may contain information, which is privileged, confidential and
protected by federal H[PAA privacy regulations. If you are not the addressee, and disclosure, copying, distribution,
or other use of the contents of this message is prohibited under federal Iaw. If you have received this transmission in
error, please notify us immediately at (920) 236 - and destroy the information by shredding or by other
appropriate means, which will not allow others to reconstruct or read its contents.
P. 1
* * * Comrnunicat Result Report ( May, 24. 2010 2:58PM ) * * *
1) CITY OF OSHKOSH
2)
Date /Time: May, 24. 2010 2:57PM
Pile Page
No. Mode Destination Pg (s) Result Not Sent
1704 Memory TX 915025684017 P. 4 OK
Reason for error
E. 1) Hang up or line fail E.2) Busy
E . 3 ) N o a n s w e r E . 4 ) N o f a c s i m i l e connect i o n
E. 5) Exceeded max. E- m a i l s i z e
0 - - CITY OF OSHKOSH
2 15 Church avenue
V �� PO Buz 1130
OJH} ./J n - Oahlmsh, Wa 54903-1130
FAX MESSAGE TRANSMISSION
Date: -� `1'�
Fax Number: S oz- Slu g - 1 4D1"�
• From: Ka .0, v� r
Phone Number: r)2.13- se, I
Number of Pages (Incaudifg Cover Page): `4
Message: T 1 a pli t )-
f 4trtn& , /I zSlnG x
Mir is aaacessierim firm the City of Unwell and may coek& isfenoadonswhich is privileged, cons and
protected by federal HIPAA privacyregalWms. If yam see setae addressee, sad discloser', c pyis& dsa+boaon,
or odrerus oft cottons ands mane is prohibited wider Mead lew. Wyatt have received this tra.minlosm
error, please edify us ietmedWdYet( 920) 276 - sod d..Ley He nkoaativn bysrmddirg sr by other
Appropriate mans, *nick will not alcwothers to reconstruct or read its contorts.
NOTICE OF PROVIDING LABOR AND /OR MATERIALS
BONDED PROJECT
RECEIVED
May 20, 2010 MAY 2 4 2010
To: (Via Certified Mail) DEPT. OF PUBLIC WORKS
Integrity Grading & Exavating, Inc. OSHKOSH, WISCONSIN
605 Grossman Drive
Schofield, WI 54476
YOU ARE HEREBY NOTIFIED, pursuant to Section 779.14 (public) of the Wisconsin
Statutes, that the undersigned has provided materials HDPE Pipe, Fittings and /or Fusion
Equipment for the construction of the improvement located at 1600 Knapp Street , Oshkosh, WI
54903, known as Knapp Street Quarry LF.
Please provide a copy of the payment bond for our file to the address below or by fax to
502 -568 -4017.
ISCO Industries, LLC
PO Box 4545
Louisville, KY 40204
(502) 318 - 66 7
By: A
Libby Mc ey
Reference: 112566 -2754
D
MAY 24 2010
CITY CLERK'S OFFICE
Project: Knapp Street Quarry LF
1600 Knapp Street
Oshkosh, WI
Reference: 112566 -2754
Distribution: (Via Certified Mail)
City of Oshkosk
215 Church Street
Oshkosh, WI 54901
Integrity Grading & Exavating, Inc.
605 Grossman Drive
Schofield, WI 54476