Loading...
HomeMy WebLinkAboutLunda Construction/Riverwalk EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT(STIPULATED PRICE) THIS AGREEMENT is by and between City of Oshkosh (Owner)and 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: City Center Riverwalk Construction City of Oshkosh,WI ARTICLE 2-THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Partial Award Base Bid City Center Riverwalk Construction,City of Oshkosh, WI City Center Segment 10+00 to 20+95 Base Bid$2,874,590.40 ARTICLE 3 -ENGINEER 3.01 The Project has been designed by: AECOM Technical Services,Inc. (AECOM) 558 North Main Street Oshkosh, WI 54901 (Engineer),who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 3.02 Owner may also provide a site representative who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents except as described in Paragraph 3.01. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-1 ARTICLE 4-CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before August 30,2013,and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before October,2013 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 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6-PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions(and in the case of Unit Price Work based on the number of units completed)or, in the event there is no schedule of values,as provided in the General Requirements: EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-2 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but,in each case,less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 90 percent of Work completed(with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account for work substantially completed, in which case the remaining progress payments prior to Substantial Completion will be in a amount equal to 100%of the work completed less the aggregate of payments previously made;and 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 10 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7- INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8—CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress,and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress,and performance of the Work. D. Contractor has carefully studied all available: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site, reports of underwater observations, and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities)which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied(or assumes responsibility for doing so)all examinations,investigations, explorations,tests, studies, and data concerning conditions (surface,subsurface,and Underground Facilities) at or contiguous to the Site which may affect cost, progress,or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-3 F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. 1. 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 700-1 to 700-40,inclusive). Section 00800 City of Oshkosh Supplementary Conditions(page 800-1) 6. Supplementary Conditions Section 810,(pages 800-1 to 800-13, inclusive). 7. Specifications and permits as listed in the table of contents of the Project Manual. 8. Drawings consisting of 61 sheets with each sheet bearing the following general title: City Center Riverwalk Construction. 9. Addenda(numbers 1 to 3, inclusive). 10. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid(pages 1 to 9, inclusive). b. Documentation submitted by Contractor prior to Notice of Award(pages to , inclusive). c. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright', 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-4 1 1. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed(pages to , inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement(except as expressly noted otherwise above). This contract consists of the following component parts,all of which are as fully a part of this contract as if herein set put verbatim,or if not attached,as if hereto attached: 1. This Instrument 2. City Approved Plans 3. Specification, 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 if required by all. 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 with follows it numerically except as may be otherwise specifically stated. 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 March 28,2012(which is the Effective Date of the Agreement). OWNER: CONTRACTOR: . Lunda Construction Company By: Mark A. Io4, By: a Title: /" la Title: Division Manager [CORPORATE SEA [CORPORAT AL] Attest: z4� 1, r 1 � I / ttest: 6 / l Title: Title: Administrative ssi tanE/%� GCS,e �� F (At t r `� fe1 <_ e. A s Address for giving notices: J Address for giving notices: 2000 Taylor Street 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: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) APPROVED t Q -- ` 'F � s* J u' c Loch sec ►- CITY AT '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 _, lr s^�c�cG;� Director, Larry Lunda AFFIX CORPORATE SEAL HERE n` Director, Carl . Holmquist eZe:...e...." fr7 or, Ric Slifka -as r, Tom Braun 111/ i_.,,,:," / Di ector, Jo Quist £� • L . .B.1,4. Director, D-nnis 'ehnke D . , Thomas E. Lister PERFORMANCE BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. CO a Pkr ro `T,ame and Address): SURETY(Name and Address of Principal Place of Business): 620 Gebhardt Road Travelers Casualty and Surety Company of America Black River Falls,1M 54615 One Tower Square OWNER(Name and Address): Hartford,CT 06183 City of Oshkosh 215 Church Avenue Oshkosh WI,54903 CONTRACT Date: March 28,2012 Amount.Two Million Eight Hundred Seventy Four Thousand Five Hundred Ninety and 40/100($2,874,590.40) Description(Name and Location): City Center Riverwalk Construction Oshkosh WI 54903 BOND Bond Number: 105753640 Date(Not earlier than Contract Date): March 28,2012 Amount: Two Million Eight Hundred Seventy Four Thousand Five Hundred Ninety and 40/100($2,874,590.40) Modifications to this Bond Form: None Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Lunda Construction Company Sigrta re: ° 16 1 Travelers Casualty and Surety Company of America (Seal) Name an itle: Daniel R. Oudenhoven Surety's N e and Corporate Division Manager By: Sign Title Sand C.Lopes, ney-in-Fact ach Power of Att' cy) (Space is provided below for signatures of additional parties,if required.) Attest: _ Signature and Title Nico -- o Witness - CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No.C-610(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America,and the American Institute of Architects. 00610-0 • 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, 6. After Owner has terminated Contractor's right to complete the Contract,and if executors,administrators,successors,and assigns to Owner for the performance of the Surety elects to act under Paragraph 4.1,4.2,or 4.3 above,then the responsibilities of Contract,which is incorporated herein by reference. Surety to Owner shall not be greater than those of Contractor under the Contract,and the responsibilities of Owner to Surety shall not be greater than those of Owner under 2. If Contractor performs the Contract,Surety and Contractor have no obligation the Contract To a limit of the amount of this Bond,but subject to commitment by under this Bond,except to participate in conferences as provided in Paragraph 3.1. Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract,Surety is obligated without duplication for. 3. If there is no Owner Default,Surety's obligation under this Bond shall arise after: 6.1. The responsibilities of Contractor for correction of defective Work and 3.1. Owner has notified Contractor and Surety,at the addresses described in completion of the Contract; Paragraph 10 below,that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with 6.2. Additional legal, design professional, and delay costs resulting from Contractor and Surety to be held not later than 15 days after receipt of Contractor's Default,and resulting from the actions or failure to act of such notice to discuss methods of performing the Contract. If Owner, Surety under Paragraph 4;and Contractor and Surety agree,Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive 6.3. Liquidated damages, or if no liquidated damages are specified in the Owner's right,if any,subsequently to declare a Contractor Default and Contract, actual damages caused by delayed performance or non- performance of Contractor. 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall 7. Surety shall not be liable to Owner or others for obligations of Contractor that are not be declared earlier than 20 days after Contractor and Surety have unrelated to the Contract,and the Balance of the Contract Price shall not be reduced or received notice as provided in Paragraph 3.1;and set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, 3.3. Owner has agreed to pay the Balance of the Contract Price to: administrators,or successors. 1. Surety in accordance with the terms of the Contract; 8. Surety hereby waives notice of any change,including changes of time,to Contract or to related subcontracts,purchase others,and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract 9. Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is 4. When Owner has satisfied the conditions of Paragraph 3,Surety shall promptly and located and shall be instituted within two years after Contractor Default or within two at Surety's expense take one of the following actions: years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations wider this Bond,whichever occurs first. If the provisions of 4.1. Arrange for Contractor,with consent of Owner,to perform and complete this paragraph are void or prohibited by law, the minimum period of limitation the Contract;or available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4.2. Undertake to perform and complete the Contract itself,through its agents 10. Notice to Surety,Owner,or Contractor shall be mailed or delivered to the address or through independent contractors;or shown on the signature page. 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable 11. When this Bond has been furnished to comply with a statutory requirement in the to Owner for a contract for performance and completion of the Contract, location where the Contract was to be performed, any provision in this Bond arrange for a contract to be prepared for execution by Owner and conflicting with said statutory requirement shall be deemed deleted herefrom and Contractor selected with Owner's concurrence, to be secured with provisions conforming to such statutory requirement shall be deemed incorporated performance and payment bonds executed by a qualified surety equivalent herein. The intent is that this Bond shall be construed as a statutory bond and not as a to the bonds issued on the Contract,and pay to Owner the amount of common law bond. damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default or 12. Definitions. 4.4. Waive its right to perform and complete,arrange for completion,or obtain 12.1 Balance of the Contract Price: The total amount payable by Owner to a new contractor and with reasonable promptness under the circumstances: Contractor under the Contract after all proper adjustments have been made,including allowance to Contractor of any amounts received or to be 1. After investigation,determine the amount for which it may be liable to received by Owner in settlement of insurance or other Claims for damages Owner and,as soon as practicable after the amount is determined, to which Contractor is entitled,reduced by all valid and proper payments tender payment therefor to Owner;or made to or on behalf of Contractor under the Contract. 2. Deny liability in whole or in part and notify Owner citing reasons 12.2. Contract:The agreement between Owner and Contractor identified on the therefor. signature page,including all Contract Documents and changes thereto. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, 12.3. Contractor Default Failure of Contractor, which has neither been Surety shall be deemed to be in default on this Bond 15 days after receipt of an remedied nor waived,to perform or otherwise to comply with the terms of additional written notice from Owner to Surety demanding that Surety perform its the Contract obligations under this Bond,and Owner shall be entitled to enforce any remedy • available to Owner. If Surety proceeds as provided in Paragraph 4.4,and Owner 12.4. Owner Default:Failure of Owner,which has neither been remedied nor refuses the payment tendered or Surety has denied liability, in whole or in waived,to pay Contractor as required by the Contract or to perform and part,without further notice Owner shall be entitled to enforce any remedy available to complete or comply with the other terms thereof. Owner. FOR INFORMATION ONLY—Name,Address and Telephone A31 nt Services,�Inc. Oliver r Street,4 Surety Agency or Broker Boston,MA 02110 Owner's Respresentative(engineer or other party) (617)535-7200 00610-1 PAYMENT BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. CO RACTt Name and Address): SURETY(Name and Address of Principal Place of Business): u a nstnic4on any 620 Gebhardt Road Travelers Casualty and Surety Company of America Blade River Falls,VN 54615 One Tower Square OWNER(Name and Address): City of Oshkosh Hartford,CT 06183 215 Church Avenue Oshkosh,WI 54903 CONTRACT Date: March 28, 2012 Amount: Two Million Eight Hundred Seventy Four Thousand Five Hundred Ninety and 40/100($2,874,590.40) Description(Name and Location): City Center Riverwalk Construction Oshkosh,WI 54903 BOND Bond Number: 105753640 Date(Not earlier than Contract Date): Amount Two Million Eight Hundred Seventy Four Thousand Five Hundred Ninety and 40/100($2,874,590.40) Modifications to this Bond Form: None Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Com any Lunda Construction Compan ° / ) Travelers Casualty and Surety Company of America (Seal) Name a_od Title; Daniel R. Oudenhoven Surety's Name and Corporate S Division Manager 1, By: / ■-4111 - Sig:...... Title Sandra • Lopes,Att•/ney-in-Fact c(A ,. h Power of A o ey) (Space is provided below for signatures of additional ° n • parties,if required.) j i I Attest: L/ i Signature and Title Nicole Roy,Witness CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No.C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00615-0 1. Contractor and Surety,jointly and severally, bind themselves,their heirs, 8. Amounts owed by Owner to Contractor under the Contract shall be used for executors, administrators, successors, and assigns to Owner to pay for labor, the performance of'the Contract and to satisfy claims, if any, under any materials,and equipment furnished by Claimants for use in the performance of performance bond. By Contractor furnishing and Owner accepting this Bond, the Contract,which is incorporated herein by reference. they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, 2. With respect to Owner,this obligation shall be null and void if Contractor subject to Owner's priority to use the funds for the completion of the Work. 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants,and 9. Surety shall not be liable to Owner,Claimants,or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for 2.2. Defends, indemnifies, and holds harmless Owner from all claims, payment of any costs or expenses of any Claimant under this Bond,and shall demands,liens,or suits alleging non-payment by Contractor by any have under this Bond no obligations to make payments to,give notices on behalf person or entity who furnished labor,materials,or equipment for use in of,or otherwise have obligations to Claimants under this Bond the performance of the Contract,provided Owner has promptly notified Contractor and Surety(at the addresses described in Paragraph 12)of 10. Surety hereby waives notice of any change,including changes of time,to the any claims, demands, liens, or suits and tendered defense of such Contract or to related Subcontracts,purchase orders and other obligations. . claims,demands,liens,or suits to Contractor and Surety,and provided there is no Owner Default. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or 3. With respect to Claimants,this obligation shall be null and void if Contractor part of the Work is located or after the expiration of one year from the date(1) promptly makes payment,directly or indirectly,for all sums due. on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3,or(2)on which the last labor or service was performed by anyone or the 4. Surety shall have no obligation to Claimants under this Bond until: last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this paragraph 4.1. Claimants who are employed by or have a direct contract with are void or prohibited by law,the minimum period of limitation available to Contractor have given notice to Surety(at the addresses described in sureties as a defense in the jurisdiction of the suit shall be applicable. Paragraph 12)and sent a copy,or notice thereof,to Owner,stating that a claim is being made under this Bond and,with substantial accuracy, 12. Notice to Surety,Owner,or Contractor shall be mailed or delivered to the the amount of the claim. addresses shown on the signature page. Actual receipt of notice by Surety, Owner,or Contractor,however accomplished,shall be sufficient compliance as 4.2. Claimants who do not have a direct contract with Contractor: of the date received at the address shown on the signature page. 1. Have furnished written notice to Contractor and sent a copy,or 13. When this Bond has been furnished to comply with a statutory requirement notice thereof,to Owner,within 90 days after having last performed in the location where the Contract was to be performed,any provision in this labor or last furnished materials or equipment included in the claim Bond conflicting with said statutory requirement shall be deemed deleted stating,with substantial accuracy,the amount of the claim and the herefrom and provisions conforming to such statutory requirement shall be name of the party to whom the materials or equipment were deemed incorporated herein. The intent is that this Bond shall be construed as a furnished or supplied, or for whom the labor was done or statutory Bond and not as a common law bond. performed;and 14. Upon request of any person or entity appearing to be a potential beneficiary 2. Have either received a rejection in whole or in part from Contractor, of this Bond,Contractor shall promptly furnish a copy of this Bond or shall or not received within 30 days of furnishing the above notice any permit a copy to be made. communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly;and 15. DEFINITIONS 3. Not having been paid within the above 30 days,have sent a written 15.1. Claimant: An individual or entity having a direct contract with notice to Surety and sent a copy,or notice thereof,to Owner,stating Contractor,or with a first-tier subcontractor of Contractor,to furnish that a claim is being made under this Bond and enclosing a copy of labor, materials, or equipment for use in the performance of the the previous written notice furnished to Contractor. Contract. The intent of this Bond shall be to include without limitation in the tams "labor,materials or equipment" that part of water,gas, 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to power,light,heat,oil,gasoline,telephone service,or rental equipment Contractor or to Surety,that is sufficient compliance. used in the Contract,architectural and engineering services required for performance of the Work of Contractor and Contractor's 6. When a Claimant has satisfied the conditions of Paragraph 4,the Surety shall Subcontractors,and all other items for which a mechanic's lien may be promptly and at Surety's expense take the following actions: asserted in the jurisdiction where the labor, materials,or equipment were furnished. 6.1. Send an answer to that Claimant,with a copy to Owner,within 45 days after receipt of the claim,stating the amounts that are undisputed and 15.2. Contract:The agreement between Owner and Contractor identified on the basis for challenging any amounts that are disputed. the signature page, including all Contract Documents and changes thereto. 6.2. Pay or arrange for payment of any undisputed amounts. 15.3. Owner Default:Failure of Owner,which has neither been remedied nor 7. Surety's total obligation shall not exceed the amount of this Bond,and the waived,to pay Contractor as required by the Contract or to perform and amount of this Bond shall be credited for any payments made in good faith by complete or comply with the other terms thereof. Surety. FOR INFORMATION ONLY—Name,Address and Telephone ArhantInaurance bercnces,inl Surety Agency or Broker: 131 Oliver Street,4th Floor Owner's Representative(engineer or other party): Boston,MA 02110;(617)535-7200 00615-1 . WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Aft. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 224378 Certificate No. 004676215 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Michael J.Cusack,John J.Gambino,Nicole Roy, Natalie Coneys, Donald H.McCarter,and Sandra C.Lopes of the City of Boston , State of Massachusetts ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 4th day of January , 2012 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company _���y���yyy 1'l/>,y 17 6 TN 'N,q 1M3�"•r SY q:y0 Y GA:UAj? `� 0\,.......G,D 49.:!.........,g9`'*. QJP� ,P` „iIPD wW(ry� Q 'Wb 46e. r V-OM L P CORGORATFi fQ' RPDRAT �I^{ 9a .(, ,. J 7 owa,.,.� S l"i(1 `IV RM 3 r A .I m W:GO f; s WI mR,. � :tie ^""••wee I} _ .w� co; I ti :�` '1.,'., H CONN� t■ 1896 01 II q1�98��2 ; 1977 E 1951 / ' sEAL�o; I�..SBIILa°' Y "'+ECI"'�Ja Ni '�i, ti. n spa s>�p X0•••.•..,..Jy vf.•. .:adu >db +p! F , r*/ State of Connecticut By: Iskra. ` City of Hartford ss. Georg:J Thompson,senior ice President On this the 4th day of January , 2012 , before me personally appeared George W. Thompson. who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company, and that he, as such,being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. to•ntr*c In Witness Whereof,I hereunto set my hand and official seal. ' G � `� My Commission expires the 30th day of June,2016. * AM *Mane C.Tetreault,Notary Public 58440-6-11 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 28th day of March ,20 12. Kevin E.Hughes,Assistant Sec tary GI.SUA�T pyA.,• L� iy N 4\0.E 4 �W.�MSG9 Ja+tNSUgq 9J,TV AN, 1 --'•,rp Y 4D+r'4 L CTy' . YT �9 f°R F°RA)'i Q','... ....'`C P G,0 4 � 5 �' Ci tED m �f f m y,.�p0.PORgTf t1,i T• �Ypp�iq�FO 0 1982 0 1 1977 �-� � — �� _._ a HARTFORD, Z 1951 �'•SEA1 s t;:, ° m WNN. $ s tn..? 1896 ,„ as �``• A a_SSAL'a W �y tiNj •ie �0 4 a........:�a I �,v.•.. •,•a Art1 To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 0 DATE(MM/DD/YYYY) ACOR[I CERTIFICATE OF LIABILITY INSURANCE 3/29/2012 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). CONTACT PRODUCER NAME: Alice Rosales Alliant Insurance Services, Inc. PHONE (A/C.No.Ext1:213-443-2441 (A/C,Nor FAX 333 South Grand Ave, Suite 650 E-MAIL :arosales analliantinsurance.com Los Angeles CA 90071 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Comp 16535 INSURED INSURER B:Nat/ Union Fire of PA 19445 Lunda Construction Company INSURER C: 620 Gebhardt Road INSURER D: P.O. Box 669 Black River Falls WI 54615 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1830106495 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 ADDL SUBR POLICY EFF ' POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY Y GL0654236300 10/1/2011 5/31/2012 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP!OP AGG $4,000,000 POLICY IFC X PRO T X LOC COMBINED SINGLE LIMI f $ A AUTOMOBILE LIABILITY BAP654236200 10/1/2011 5/31/2012 (Ea accident) $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ B UMBRELLA LIAB X OCCUR 34202334 10/1/2011 5/31/2012 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE _AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC 654236502 10/1/2011 5/31/2012 X TORY LAM IT X 0TH- AND EMPLOYERS'LIABILITY Y!N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: City Center Riverwalk Project-City of Oshkosh, and its officers, council members, agents,employees and authorized volunteers and AECOM Technical Services are inclued as Additional Insureds as respects Liability arising out of operations(work) performed by or on behalf of the Named Insured. Thirty(30) Days Notice of Cancellation/Non-Renewal-Ten (10) Days Notice for Non-Payment of Premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue Oshkosh WI 54903 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD