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HomeMy WebLinkAboutEJCDC/Lunda Construction Co/Marion Zone Riverwalk Docks EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT(STIPULATED PRICE) THIS AGREEMENT is by and between City of Oshkosh Redevelopment Authority (Owner)and Lunda Construction Company (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: Marion Zone Riverwalk Docks City of Oshkosh, WI ARTICLE 2- THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Marion Zone Riverwalk Docks City of Oshkosh, WI Base Bid $877,019 Alternate— 1 Composite deck boards Dock B, $25,853 Alternate—4 Composite deck boards Dock A, $46,536 Credit to complete work in 2011 <$56,500> Total Contract $892,908 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 1 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 final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion A. The Work will be substantially completed on or before November15, 2011, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before December 30,2011. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner$1,000 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner$1,000 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. B. In addition to liquidated damages set forth above, Contractor shall be liable for all additional costs for Engineer's services beyond substantial and final completion dates. Owner will deduct these costs from any monies due or that may become due Contractor or Surety and pay Engineer for said services. 4.04 Permitting Contractor or Surety to continue and finish the Work or any part of the Work after the times specified for completion, or after the date to which the times for completion may have been extended, shall in no way operate as a waiver on the part of Owner of its rights under the Contract. ARTICLE 5 -CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the Unit Price Schedule as completed in the Contractor's Bid Form, attached hereto. As provided in paragraph 1 l.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6-PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed)or, in the event there is no schedule of values, as provided in the General Requirements: EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-2 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 90 percent of Work completed(with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account for work substantially completed, in which case the remaining progress payments prior to Substantial Completion will be in a amount equal to 100% of the work completed less the aggregate of payments previously made;and 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.13.5 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 O 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 40, inclusive). 6. Supplementary Conditions(pages 1 to 13, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of 17 sheets with each sheet bearing the following general title: Marion Zone Riverwalk Docks. 9. Addenda(numbers 1 ). 10. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid(pages 1 to 6, inclusive). b. Documentation submitted by Contractor prior to Notice of Award(pages to , inclusive). c. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright Cl 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-4 a. Notice to Proceed(pages to , inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement(except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10-MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright❑2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on July 13 ,2011 (which is the Effective Date of the Agreement). OWNER: /4 CONTRACTOR: ✓ J Lunda Construction Company BY: Atlpcl Ux�� S �Y MO , Title: f y t, `� Q. O,rsctor Title: Division Manager CORD' • ; _ .•L] 77) [CORPO' •TE SE Attest: J ' Attest: / A. . .i .A C rk ( Title: Administrative Assistari Address for giving notices: Address for giving notices: -(s tA -C) 6C) ((3O 2000 Taylor Street CisjlL 1i (. ) ? ` O ( PO Box 228 Little Chute, WI 54140-0228 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: APPROVED (If Contractor is a corporation or a partnership,attach evidence ' of authority to sign.) , LA,14 1 ciiv -;1".7.7"1. OSHKOSH,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 • LUNDA CONSTRUCTION COMPANY BOARD OF DIRECTORS RESOLUTION: Authority to bind contracts: Power of Attorney DATE: July 23, 2004 Wherein, the Board of Directors held a Special Meeting to discuss the authority to bind the company to contracts. Wherefore, a discussion was held regarding the necessity of granting authority to several management employees of the company to bind the company to contracts and be authorized to sign company documents. RESOLVED: Unanimous decision of the Board of Directors hereby grants authority to and empowers any one of the following employees to sign for and on behalf of Lunda Construction Company, documents such as bid bonds, proposals for bidding, and awarded contracts. Director: Larry Lunda, President Director: Carl W. Holmquist, Secretary/Treasurer Director: Richard S. Slifka Director Tom R. Braun Director Joseph A. Quist Dennis L. Behnke Christian Fox Michael D. Hanson Daniel R. Oudenhoven Richard E. Rust �Glry�i Director, Larry Lunda AFFIX CORPORATE SEAL HERE GAS. Director, Holmquist h' e• or, Ric % S. Slifka i.-ct.r, Tom Braun 111/ Di ector, Jo- Quist Director, D-nnis ;ehnke D • , Thomas E. Lister BID FORM (REVISED 5-16-11) CITY OF OSHKOSH MARION ZONE RIVERWALK DOCKS AECOM PROJECT NUMBER 60190663 ARTICLE 1—BID RECIPIENT 1.01 This Bid is submitted to: City of Oshkosh Attention:City Clerk 215 Church Avenue Oshkosh,WI 54903-1130 1.02 The undersigned Bidder proposes and agrees,if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders,including without limitation those dealing with the disposition of Bid security.This Bid will remain subject to acceptance for 60 days after the Bid opening,or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid,Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents,the other related data identified in the Bidding Documents,and the following Addenda,receipt of which is hereby acknowledged. Addendum No. Addendum Date 1 05/16/2011 B. Bidder 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. Bidder 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. Bidder has carefully studied all: (1)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities)which have been identified in SC-4.02,and(2)reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright©2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00410-1 SI 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 Bidder,including applying the specific means,methods,techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s)bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder 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 Bidding Documents. H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations,tests,studies,and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. • J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. ARTICLE 4—FURTHER REPRESENTATIONS 4.01 Bidder further represents that: A. this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group,association,organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding;and D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright©2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00410-2 i 1 ARTICLE 5-BASIS OF BID Bidder will complete the Work in accordance with the Contract Documents for the following price(s): 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): P gP �) Base Bid No. Item Descri•tion Quantit Units Unit Cost Extension PHASE 1: DOCK B —_ A-1 Mobilization/Demobilization-2011 1 LS .. m A-2 Performance Bond 5;7 fr A-3 Pa ment Bond 1 LSj �caeij i B. EROSION CONTROL LS /Q7 0y _ d - ` B-1 Turbidi Barrier-Dock B C. DOCK SYSTEMS 1 EA IBRIMM C-1 Dock B Pile Load Test __ © EA 6`d G cr Dock B Existing Timber Pile Realignment �� C-2 and Plumbin• C-3 Dock B Timber Piles �PZ7- 5 i . C-4 Dock B Headier 2,784 SF 108 EA ` ' /e,S-� C-5 Dock B, Finer Piers 6 Total, 840 SF �® 7 ��� YO �� �� C-6 Dock B Ram. a®�� /� �° 3.7// �O ® Dock B-Ice Boom Cluster Pile EA ) �■ l 7-' 1— PHASE I SUBTOTAL: 33 c — D. GENERAL PHASE 2: DOCK A __ D-1 Mobilization/Demobilization-2012 _ D-2 Performance Bond a® 57 co a® SCY�`° ,,S-3 Pa ment Bond D-4 / Ce dO IIIIIIIIIIII eel E. EROSION CONTROL a® d�S- ® Turbidi Barrier-Dock A O EA IMMINNIZI EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright©2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00410-3 F. DOCK SYSTEMS F-1 Dock A Pile Load Test 2 EA e2c7, 3 cam V-.� Q-52 Dock A Existing Timber Pile Realignment F7/,5— eo g -�o F-2 and Plumbing 1 LS U 9,'( " F-3 Dock A Timber Piles 204 EA ./---.- es c /P 9g' OLY F-4 Dock A Headpier(5,120 SF) 1 LS /J9377 f 3 it,377�° F-5 Dock A Finger Piers(14 Total, 1,720 SF) 1 LS Z Y 7�`3` , Zp5`T3 `° F-6 Dock A Ramps 2 EA c6 1V ,/10 d? F ''''-'5 F-7 Dock A-Ice Boom Cluster Pile 1 EA F4/95-.<s- v7L5 PHASE 2 SUBTOTAL: <3 .573'22- BASE BID TOTAL: '7� of r—' ALTERNATE BID ITEMS Alternate Bid No. Item Description Quantity Units Unit Cost Extension *Indicate"Add to Price"by+ *Indicate"Reduction to Price"by- Change in Contract Price for Composite f- co Deck Boards instead of treated SYP Deck � 'e - Boards(Dock B, Headpiers,Finger Piers, Q ALT-1 and Ramp) 1 LS Change in Contract Price for Kebony SYP -i' as t' Deck Boards instead of treated SYP Deck //345-- /-345—t1'6 Boards(Dock B,Headpiers,Finger Piers, ALT-2 and Ramp) 1 LS Change in Contract Price for Ipe Deck 7i- /7jJ3 ;4 75'00 Boards instead of treated SYP Deck Boards 7 ' (Dock B, Headpiers, Finger Piers,and ALT-3 Ramp) 1 LS Change in Contract Price for Composite ] J3� ..Deck Boards instead of treated SYP Deck / G�533(0 Boards(Dock A,Headpiers,Finger Piers, ALT-4 and Ramp) 1 LS Change in Contract Price for Kebony SYP �7a,3 7c'•Deck Boards instead of treated SYP Deck / � Boards(Dock A,Headpiers, Finger Piers, ALT-5 and Ramp) 1 LS Change in Contract Price for Ipe Deck .1-/ -53V 7(2,5- 1/4-C-52/_ Boards instead of treated SYP Deck Boards (Dock A, Headpiers, Finger Piers,and ALT-6 Ramp) 1 LS Change in Contract Price for pre-fabricated 77 (16 ALT-7 Dock B ramp,steel framed 775-41-6 1 EA Change in Contract Price for Pre-fabricated �y cd" ALT-8 Dock a Ramp, Steel-Framed 2 EA / 7` s `�'7c�-cy) EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright©2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00410-4 ii Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids,and final payment for all Unit Price Bid items will be based on actual quantities,determined as provided in the Contract Documents. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bidder Pre-Qualification Submittal. B. Required Bid security in the form of certified check or bid bond in the amount not less than 5%and not more than 10%of the total bid amount. C. List of Proposed Subcontractors ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions,and the Supplementary Conditions. ARTICLE 9—COMMUNICATIONS 9.01 Communications concerning this Bid shall be addressed to the Bidder as indicated below: Name: Paul Gevers c/o Lunde Construction Company Address: 2000 Taylor Street — PO Box 228 State: Little Chute, WI 54140-0228 Telephone No.: 920-788-5238 Email Address: pgevers @lundaconstruction.com ARTICLE 10—BID SUBMITTAL 10.01 This Bid submitted by: If Bidder is: An Individual Name(typed or printed): By: (SEAL) EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright©2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00410-5 (Individual's signature) Doing business as: A Partnership Partnership Name: (SEAL) By: (Signature of general partner—attach evidence of authority to sign) Name(typed or printed): A Corporation Corporation Name: Lunda Construction Company (SEAL) State of Incorporation: Wisconsin T .e(General Business,Professional,Service,Limited Liability): General Contractor By: 4. /C. ignature—attach evidence of authority to sign) Name(typed or printed): Danie 1 R. Oudenhoven Title: Division Manager (CORPORATE SEAL) Attest: Ctti_Q (Signature of Corporat ecretwy) Date of Qualification to do business in Wis cons in [State Where Project is Located]is 1 1 . A Joint Venture Name of Joint Venturer: First Joint Venturer Name: (SEAL) By: (Signature of first joint venture partner—attach evidence of authority to sign) Name(typed or printed): Title: Second Joint Venturer Name: (SEAL) By: (Signature of second joint venture partner—attach evidence of authority to sign) Name(typed or printed): Title: EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright m 2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00410-6 (Each joint venturer must sign.The manner of signing for each individual,partnership,and corporation that is a party to the joint venture should be in the manner indicated above.) All Bidders Bidder's Business address: 2000 Taylor Street — PO Box 228 Little Chute, WI 54140-0228 Phone: 920-788-5238 Facsimile: 920-788-0229 Submitted on May 23, x°1.11 State Contractor License No. (If applicable) EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright©2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00410-7 Timm, Paul From: Brandt, Darlene P. [dbrandt @ci.oshkosh.wi.us] Sent: Wednesday, July 06, 2011 10:44 AM To: Timm, Paul Subject: FW: Marion Zone River walk DARLENE Darlene Brandt City of Oshkosh PH:920.236.5055 From: Paul Gevers jmailto:pdevers@ lundaconstruction.coml Sent: Wednesday, June 08, 2011 12:10 PM To: Brandt, Darlene P. Subject: Marion Zone River walk Darlene: The credit amount for the work to be completed in 2011 is$56,500.00.The material is Trex. I am not sure on the vendor at this time. All the pricing was pretty close. Paul Gevers 2000 Taylor Street Little Chute, WI 54140 920-788-5238 mobile: 920-470-5900 Fax 920-788-0229 pgeversCalundaconstruction.com The information in this email is confidential and may be privileged. It is intended solely for those to who it is addressed;access to anyone else is unauthorized. If this message has been sent to you in error, do not review, disseminate, distribute or copy it. Please reply to the sender that you have received the message in error, then delete it. Thank you for your cooperation. 1 .. ......................... ......... 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): Lunda Construction Company Fidelity and Deposit Company of Maryland 620 Gebhardt Road 1400 American Lane, Tower I, 18th Floor Black River Falls, WI 54615 Schaumburg, IL 60196-1056 OWNER(Name and Address): City of Oshkosh 215 Church Avenue Oshkosh, WI 54903 CONTRACT Effective Date of Agreement: July 13, 2011 Amount: $892,908.00 Eight Hundred Ninety Two Thousand Nine Hundred Eight Dollars and 00/100 Description(Name and Location): Marion Zone Riverwalk Docks, Project No. 60190663 BOND Bond Number: 9059801 Date(Not earlier than Effective Date of Agreement): July 13, 2011 Amount: $892,908.00 Eight Hundred Ninety Two Thousand Nine Hundred Eight Dollars and 00/100 Modifications to this Bond Form: None Surety and Contractor,intending to be legally bound hereby, subject to the terms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Lunda Construction Company (Seal) Fidelity and Deposit Company of Maryland _ (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal • y: .I , / By: 1 A . , _ Signature sir!ature(Attac' ' • . -r of ' .orn-ey Daniel R. Oudenhoven Sandra C. Lopes Print Name Print Name Division Manager Attorney-in-Fact 7e Title q kill Attest: 0' �,� ' �, Attest: ' C Signature Signature Administrative Assistant Nicole Roy Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 1 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond,except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1;and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor,with consent of Owner,to perform and complete the Contract;or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors;or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract,arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default;or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined,tender payment therefor to Owner;or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond,and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond,but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3;and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs,executors,administrators,or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner,or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed,any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor,which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address and Telephone)All iant Insurance Services, Inc. Surety Agency or Broker: 225 Franklin Street, 26th Floor, Boston, MA 02110 617-217-2120 Owner's Representative(Engineer or other party): EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 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 Lunda Construction Company Business): 620 Gebhardt Road Fidelity and Deposit Company of Maryland Black River Falls, WI 54615 1400 American Lane, Tower I, 18th Floor OWNER(Name and Address): Schaumburg, IL 60196-1056 City of Oshkosh 215 Church Avenue Oshkosh,WI 54903 CONTRACT Effective Date of Agreement: July 13, 2011 Amount: $892,908.00 Eight Hundred Ninety Two Thousand Nine Hundred Eight Dollars and 00/100 Description (Name and Location):Marion Zone Riverwalk Docks, Project No. 60190663 BOND Bond Number: 9059801 Date(Not earlier than Effective Date of Agreement): July 13, 2011 Amount: $892,908.00 Eight Hundred Ninety Two Thousand Nine Hundred Eight Dollars and 00/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Lunda Construction Company (Seal) Fidelity and Deposit Company of Maryland (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal 6 J) By: it /, i 'ls► — Signature =- 1 a• • re(Attach '.w-r of ttomey) Daniel R. Oudenhoven Sandra C. Lopes Print Name Print Name 4ivision Manager Attorney-in-Fact 1e Title b}}L Attest: C ,�i+q �• L� Attest: Signature Signature Administrative Assistant Nicole Roy Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (MW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract,which is incorporated herein by reference. 2. With respect to Owner,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants,and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner,within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is sufficient compliance. 6. Reserved. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. (MW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address, and Telepphone)Alliant Insurance Services, Inc. Surety Agency or Broker: 225 Franklin Street, 26th Floor, Boston, MA 02110 617-217-2120 Owner's Representative(Engineer or other): (MW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the State,i . aryland,by FRANK E. MARTIN JR.,Vice President,and ERIC D.BARNES, Assistant Secretary, in pu ,�+2 its•i ranted by Article VI, - Section 2, of the By-Laws of said Companies,which are set forth on 6 reo reby certified to be in full force and effect on the date hereof,does hereby nomina ;e,= .fl,.+t• .++ a6oUltAtklyeiCK,John J. GAMBINO,Sandra C.LOPES,Nicole ROY y ; o b," Sr a1I `!tt sachusetts, EACH its true and lawful agent and Attorney-in-Fact,to rci lslva d deve ;_ 3o�ts behalf as surety,and as its act and deed: any and all bonds and undcta h exe 44" +ej' o \--s r undertakings in pursuance of these presents, shall be as binding upon Vctii, 14.4, as full TVA `hit)C', .6 a intents and purposes, as if they had been duly executed and acknowledged by tharm e 'i dfp"'" rOF the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant r s'liereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws o said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,this 24th day of June,A.D.2011. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY '.o OfPps� eaUtjp. J '{�Zvi f. NOM V 41r� W , 4.v,ni Of it-cx-- - i By: Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland 1 ss• City of Baltimore f On this 24th day of June, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR.,Vice President,and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid,and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14,2015 POA-F 063-0073A AWR£_) CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/13/2011 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 COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Alliant Insurance Services, Inc. PHONE FAX 333 South Grand Ave, Suite 650 (Atc No Ext:2-13-270-_0970 _ _ _ (A/C,Nol: E-MAIL Los Angeles CA 90071 ADDRESS: PRODUCER - - - CUSTOM ER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:The Travelers In 87726 Lunda Construction Company INSURERB:Everest National Insurance Co 10120 620 Gebhardt Road P.O. Box 669 INSURER C: Black River Falls WI 54615 INSURER INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2058862847 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. INSR 1 TYPE OF INSURANCE ''�AODL'SUBR (MM/DD/YYYY) (MMIDDMNY) LIMITS LTR I INSR WVD POLICY NUMBER A GENERAL LIABILITY TC2HC0118D3074TIP_10 10/1/2010 !1 0/1/2011 EACH OCCURRENCE $1,000'00° -- DAMAGE TO RENTED X 1 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $3°6,000 CLAIMS-MADE x OCCUR , MED EXP(Any one person) �S 1 0,C 00 1 : 1, PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE I $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' I III PRODUCTS-COMP/OP AGG ',, $3,000,000 1 POLICY PST LOC - I $ A AUTOMOBILE LIABILITY ,VTC2JCCAP11BD3086TIL10 10/1/2010 10/1/2011 COMBINED SINGLE LIMIT 51,000,000 — (Ea accident) X ANY AUTO BODILY INJURY(Per person) I S S X ALL OWNEDAUTOS BODILY INJURY(Per accident) S X SCHEDULED AUTOS __PROPERTY DAMAGE S HIRED AUTOS X I (Per accident) X NON-OWNED AUTOS $ s x UMBRELLA LIAB OCCUR 71C8000073101 10/1/2010 ,10/1/2011 I EACH OCCURRENCE $10,000,000 i EXCESS LIAB I CLAIMS-MADE[ A_.. $10,000,000- _-- AGGREGATE DEDUCTIBLE I $ RETENTION $ �'' $ WORKERS COMPENSATION I m• ! WC STATU- 0TH A V_WXJUBll8D37.291C 10/1/2010 �i0/1/2011 X- ,TORYLIMITS _.ER.. AND EMPLOYERS'LIABILITY Y/N L - - -------- - ANYPROPRIETOR./PARTNER/EXECUTIVE I E EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A - '---- -- - - — - (Mandatory in NH) '�E L DISEASE-EA EMPLOYEE $1,050,000 If es,describe under t DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT I $1,050,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project 60190663 -Marion Zone Riveralk Docks The City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers, and AECOM Technical Services, Inc. shall be named Additional Insureds on the general liability coverage as See Attached. . . 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 215 Church Avenue Oshkosh WI 54903 AUTHORIZED REPRESENTATIVE G ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: AC©RV- ADDITIONAL REMARKS SCHEDULE Page I of 1 AGENCY NAMED INSURED Alliant Insurance Services, Inc. Lunda Construction Company 620 Gebhardt Road POLICY NUMBER P.O. Box 669 Black River Falls WI 54615 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE respects this project. USL&H is included in the Workers'Compensation Coverage. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD