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HomeMy WebLinkAboutPW CNT 11-08 Stone Creek Contractors CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5115 FAX(920)236-5106 LETTER OF TRANSMITTAL To: Stone Creek Contractors Date: September 30, 2011 E1664 Canyon Creek Lane Project: Hughes St. Culver Replacement Luxemburg, WI 54217 From: Carol Marchant, Adm. Assistant Re: Contract 11-08 Attn: Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts El Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates El Diskette El Zip Disk ❑ Other Quantity Description 1 Signed Construction Contract-City Contract 11-08 Hughes Street Culvert Replacement at Glatz Creek These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Signed: __ t .�r Carol Marchant, Administrative Assistant cc: City Clerk(original) Public Works, Engineering (original) File Copy(copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 24th day of August, 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and STONE CREEK CONTRACTORS, LLC, El 664 Canyon Creek Lane, Luxemburg, WI 54217, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 11-08 for the Hughes Street Culvert Replacement at Glatz Creek, for the Public Works Department, pursuant to Resolution 11-373 adopted by the Common Council of the City of Oshkosh on the 23rd day of August, 2011, all in accordance and in strict compliance with the Contractor's proposal and the other contract documents referred to in ARTICLE V of this contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $184,987.00, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on a "Unit Price" basis,the above mentioned figure is an estimated figure, and the City shall, in such cases, pay to the Contractor for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the City's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this contract, the specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1 . This Instrument 2. The City's Approved Plans 3. Specifications, including any addenda 4. City of Oshkosh Standard Specifications 5. Instructions to Bidders 6. Advertisement for Bids 7. Contractor's Proposal The contract documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the Contractor shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. Contractor shall promptly report in writing to 2 the Engineer any conflict, error, ambiguity or discrepancy which Contractor may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Contractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence o . CONTRACTOR (.7g STON REEK 0 ,RACTORS, LLC B . MAI al ^ ' (Seal of Contractor (Spe y if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: , __ 1?`i ce 1 2 Mark A. Rohloff, City Manager `J Witness) i fiktA And p -y, : - /�'� fitness) Pamela R. Ubrig, City Cler APPR•VED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract _ ►.r.1 Ll � r1. " -- I tA/" tit A orney s)1..„,20 City orhptroller 3 FINAL CONTRACT AMOUNTS THAT EXCEED THE ORIGINAL CONTRACT AMOUNT WILL BE CHARGED AN ADDITIONAL ECEIVF D PREMIUM. INCLUDE THESE THE AMERICAN INSTITUTE OF ARCHITECT PREMIUM CHARGES IN YOUR CHANGE ORDERS. SEP 1 9 nu V};1y111$ DEW ur PUBLIC WORKS ,�► OSHKOSH, WISCONSIN Bond #1000909557 AIA Document A312 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 Principal Place of Business): Stone Creek Contractors, LLC American Contractors Indemnity Company E1664 Canyon Creek Lane 601 S Figueroa St., Suite 1600 Luxemburg,WI 54217 Los Angeles, CA 90017 OWNER(Name and Address): City of Oshkosh 215 Church Avenue Oshkosh, WI 54903 CONSTRUCTION CONTRACT Date:8/24/2011 Amount: $184,987.00 Description(Name and Location):Hughes Street Culvert Replacement at Glatz Creek, Public Works Contract No. 11-08- Oshkosh,WI BOND Date: 9/12/2011 Amount: $184,987.00 Modifications to this Bond: ❑ None 0 See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: orporate Seal) Stone Creek • • tractors LC 1 / Ame • •n Contra • d- nity Company Signatur-: �. . • - nature: Name and Title:Stacy Fe , "` = 'dopi- er- y Crawford„ Managing Member Att. ney-in-Fact (Any additional signatures appear on page 3) FOR INFORMATION ONLY-Name,Address and Telephone AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other party) : AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON D C,20006 A312-1984 1 THIRD PRINTING-MARCH 1987 WARNING:Unlicensed photocopying violates U.S.trademark Laws and is subject to legal prosecution.. 1 The Contractor and the Surety,jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default,the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any 3.1 at its Owner notified in Contractor 10 below remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner,the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of Glared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1;and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of Contract Price to the Surety in accordance with the Contract; work and completion of the Construc- tion C terms of the Construction Contract or to a contractor ract; selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para sulting from the actions or failure to act of the Surety graph 3,the Surety shall promptly and at the Surety's ex- under Paragraph 4; and pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract, actual dam- Owner, to perform and complete the Construction ages caused delayed performance or non-perfor- Contract; or mance Co of the Contractor. 4.2 Undertake to pand complete the Construc- 7 The Surety shall not be liable to the Owner or others for 4.2 Contract Undertake tolf,perform f through m a its complete a through Construc- obligations of the Contractor that are unrelated to the Con- tion pendent contractors;self, or struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract,arrange for a contract to be pre- 8 The Surety hereby waives notice of any change, includ- pared for execution by the Owner and the contractor ing changes of time,to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased tail- for Waive right ht obtain a new contractor ompl complete, and with working or within two years after the Surety refuses or tail- reasonable promptness under the circumstances: curs rs perform its obligations under this Bond,Paragraph whichever oc- reasonable curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984-AIA THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE.,N.W.,WASHINGTON D.C.2006 A312-1984 2 THIRD PRINTING-MARCH 1987 WARNING:Unlicensed photocopying violates U.S.trademark laws and Is subject to legal prosecution. able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims re- 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig- behal by all valid Contractor proper r the Co made to or on behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has 12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con- tractor by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including allowance to the Con- MODIFICATIONS thereof. TO THIS BOND ARE AS FOLLOWS: **Notwithstanding the terms of the contract,the sum or the bond stated herein shall not increase without prior written consent of Surety. **All obligations of the Surety shall be discharged and released at the end of one year from project acceptance by owner or architect. III (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984-AIA THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE..N.W.,WASHINGTON D.C.2006 A312-1984 3 THIRD PRINTING-MARCH 1987 WARNING:Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution. FINAL CONTRACT AMOUNTS THAT EXCEED THE ORIGINAL CONTRACT AMOUNT WILL BE CHARGED AN ADDITIONAL PREMIUM.INCLUDE THESE THE AMERICAN INSTITUTE OF ARCHITECTS PREMIUM CHARGES IN YOUR CHANGE ORDERS. 41kIII I/) Bond # 1000909557 AIA Document A312 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 Principal Place of Business): Stone Creek Contractors, LLC American Contractors Indemnity Company E1664 Canyon Creek Lane 601 S Figueroa St., Suite 1600 Luxemburg,WI 54217 Los Angeles, CA 90017 OWNER(Name and Address): City of Oshkosh 215 Church Avenue Oshkosh,WI 54903 CONSTRUCTION CONTRACT Date: 8/24/2011 Amount: $184,987.00 Description(Name and Location):Hughes Street Culvert Replacement at Glatz Creek, Public Works Contract No. 11-08- Oshkosh,WI BOND Date: 9/12/2011 Amount:$184,987.00 Modifications to this Bond: ❑ None m See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: }} (Corporate Seal) Company: ( rporate Seal) Stone Creek Contractors 4 LC j j American •ntractor- ndem ' Com• .ny Signatur-:- rmf Signa ..re: Name and Title:Stacy F t, Na - and Tit ='Je my C . ord„ Managing Member Attor'-y-in act (Any additional signatures appear on page 3) FOR INFORMATION ONLY-Name,Address and Telephone AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other party): AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON D C,20006 A312-1984 4 THIRD PRINTING-MARCH 1987 WARNING:Unlicensed photocopying violates U.S.trademark Laws and is subject to legal prosecution.. 1 The Contractor and the Surety,jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves,their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance 6.1 Send an answer to the Claimant,with a copy to of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant,with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand,lien or suit is for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12)of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly,for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract.The owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond, and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of, or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and,with 10 The Surety hereby waives notice of any change, substantial accuracy,the amount of the claim. including changes of time,to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner,within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 4.2.3,or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable- within 30 days of furnishing the above no- tice any communication from the Contractor 12 Notice to the Surety,the Owner or the Contractor by which the Contractor has indicated the shall be mailed or delivered to the address shown on the claim will be paid directly or indirectly;and signature page.Actual receipt of notice by Surety,the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof,to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall dent compliance. be deemed incorporated herein.The intent is that this AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON D C,20006 A312-1984 5 THIRD PRINTING-MARCH 1987 WARNING:Unlicensed photocopying violates U.S.trademark Laws and is subject to legal prosecution.. Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond,the Contractor shall all other items for which a mechanic's lien may be promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials to be made. or equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner, which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: **Notwithstanding the terms of the contract,the sum or the bond stated herein shall not increase without prior written consent of Surety. **All obligations of the Surety shall be discharged and released at the end of one year from project acceptance by owner or architect. **Paragraph 6.1 is hereby modified to delete"within 45 days"to"within a reasonable time." (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: ALA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED AlA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON D C,20006 A312-1984 6 THIRD PRINTING-MARCH 1987 WARNING:Unlicensed photocopying violates U.S.trademark Laws and Is subject to legal prosecution.. . A8282 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company,a California corporation, United States Surety Company,a Maryland corporation and U.S. Specialty Insurance Company,a Texas corporation(collectively,the"Companies"),do by these presents make,constitute and appoint: Jeremy Crawford,Michael D.Williams,William J.Nemec or Tanya Fukushima of Golden Valley,Minnesota its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *******Three Million******* Dollars (S **3,000,000.00** ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretaty shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 315t day of March,2011. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY Corporate Seals 41—krokr 414..71~› ystatrso _- YN Wi,�J . t'SEAL v ,}' . Bye '. '., Pt .it✓' "f ,F Y I k 1 i ,� ;lys , l'' , Daniel P.Aguilar,Vice President State of California f„ '- , 4' _` County of Los Angeles SS: On this 31St day of March,2011,before me,Deborah Reese, a notary public,personally appeared Daniel P. Aguilar,Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. DEBORAH REESE ,` 's#?t'tii Commission#1926048 Signature 4/.11a,t,h .- ,/tee S-'--- (Seal) •_?' Notary Public-California •a ■% Los Angeles County ~ M Comm.Ex Tres Mar 16,2015 I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 12th day of September 2011 Corporate Seals ;; Inks, 4.,,,,P Nr, '"oc 10009n9 557 ( �c' Jeannie J.Kim,Assistant Secretary Bond No. at�tr�trte ' _ 'Af rt' t `* Agency No. 8219 '`ti_ ,, c� / Acknowledgment of Surety State of Minnesota County of Hennepin On this 12th day of September, 2011 before me personally appeared Jeremy Crawford who acknowledged that he or she is the attorney in fact who is authorized to sign on behalf of American Contractors Indemnity Company (surety company), the foregoing instrument, and he thereupon duly acknowledged to me th t he executed the1same. s ' ' Notary Public ti r, MICHELLE ANN FERN K ,7 � " Notary Public-Minnesota y;. - My Commission Expires Jan 31,2015 A ,,,J RECEIVED coRo CERTIFICATE OF LIABILITY INSURANCEEP 1 9 Zp��T 0 A (9 M9/20011YYW) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COME atp(DI D r.BYt;) vs :.. ICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THEI �US S1.,,J iRIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. l7 IMPORTANT:If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the ,°-1 certificate holder in lieu of such endorsement(s). '� CONTACT a PRODUCER NAME: V Aon Risk Services Central, Inc. PHONE (920) 437-7123 I FAX (920) 431-6345 N Green Bay WI Office (NC No.Eat): (A/C.No.): 10 111 N. Washington Street, Suite 300 E-MAIL O P. O. Box 23004 ADDRESS: _ Green Bay WI 54305-3004 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA National Fire Ins. Co. of Hartford 20478 Stone Creek Contractors, LLC INSURER B: Continental Casualty Company 20443 E1664 Canyon Creek Lane Luxemburg WI 542 17-82 78 USA INSURERC: Valley Forge Insurance Co 20508 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570043719054 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR _—Y -`_-�— ADDL SUBRI POLICY EFF POLICY EXP L qY- TR 11 TYPE OF INSURANCE INSR MD POLICY NUMBER MMIDD/YYY MLIC YYY LIMITS GENERAL LIABILITY -7157.6840531 I 0 I 07712 EACH OCCURRENCE $1,000,000 Package DAMAGE TO RENTED X COMMERCIAL GEN ERAL LIABILITY PREMISES(Ea occurrence) $100,000 CLAIMS-MADE I X^I OCCUR MED EXP(Any one person) 45,000 X Aggregate per Project 111 PERSONAL 8 ADV INJURY 51,000,000 N GENERAL AGGREGATE $2,000,000 rn GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 V POLICY I z I JET n LOC n- A AUTOMOBILE LIABILITY 4020840562 02/20/2011 02/20/2012 COMBINED SINGLELIMIT Auto (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) 0 ALL OWNED —SCHEDULED BODILY INJURY(Per accident) CD AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE U AUTOS (Per accident) 0) B X UMBRELLALIAB X OCCUR 4020840559 02/20/2011 02/20/2012 EACH OCCURRENCE $6,000,000 0 6 Million Umbrella EXCESS LIAR CLAIMS-MADE AGGREGATE SIR applies per policy terms & conditions $6,000,000 DED I X'RETENTION C WORKERS COMPENSATION AND 4020840545 02/20/201102/20/2012 XI WC STATU-I 10TH- EMPLOYERS'LIABILITY Y/N Workers Compensation TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $100,000 OFFICER/MEMBER EXCLUDED? I N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $100,000 Byes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000— _ 2 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,.Addltlonal Remarks Schedule,if more space Is required) RE: HUGHES STREET CULVERT REPLACEMENT AT GLATZ CREEK. ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS ON THE 3- 7 GENERAL LIABILITY THE CITY OF OSHKOSH AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS AS la,". RESPECTS THE PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT, AS REQUIRED BY WRITTEN CONTRACT. ENDORSED el POLICIES WILL INCLUDE A 30 DAY NOTICE OF CANCELLATION / NONRENEWAL FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, PROVIDED TO THOSE PARTIES INDICATED IN THE WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF OSHKOSH AUTHORIZED REPRESENTATIVE lili ATTN: CITY CLERK 215 CHURCH AVENUE PO BOX 1130 tn l c 9L PatileV Q o e-Z .osHKOSH WI 54903-1130 USA I. ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD