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PW CNT 13-13/Integrity Grading & Excavating
CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5115 FAX(920)236-5106 LETTER OF TRANSMITTAL To: Integrity Grading & Excavating, Inc. Date: May 16, 2013 605 Grossman Drive Project: Contract 13-13 Schofield, WI 54476 From: Carol Marchant Re: Agreement for Construction Contract Attn: Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Fully Executed Agreement for Construction Contract 13-13 (original) These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Signed: cc: City Clerk (original) Public Works, Engineering (original) City Attorney (copy) 1 D i _ MAY 17 2013 Li CITY K'S OFFICE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT(STIPULATED PRICE) THIS AGREEMENT is by and between City of Oshkosh ("Owner") and Integrity Grading&Excavation, Inc. ("Contractor"). Owner and Contractor hereby 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: Contract 13-13: Impacted Soil Excavation, Transportation, and Site Grading (Central Garage) 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: Contract 13-13: Impacted Soil Excavation, Transportation, and Site Grading (Central Garage) 1. Central Garage: Oil Impacted Soil Removal 2. Knapp Street Quarry: Oaklawn School Soils Grading ARTICLE 3—ENGINEER 3.01 The Project has been designed by AECOM (Engineer), which 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. A it- O 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. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 1 of 8 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before November 1, 2013, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before June 1, 2014. 4.63 4.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above j/( ro f I ' 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 4�W the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty), Contractor shall pay Owner per 2013 Standard Specifications for City of Oshkosh, Wisconsin Section 100.45 for each day that expires after the time specified in Paragraph 4.02 above 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 per 2013 Standard Specifications for City of Oshkosh, Wisconsin Section 100.45 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. 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 amounts determined pursuant to Paragraphs 5.01.A, 5.01.B below: A. Bid Sum, a sum of: $127,767.71 The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. 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. B. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. 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. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 2 of 8 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 approximately every four weeks based on the schedule provided at the Preconstruction Conference during performance of the Work as provided in Paragraph 6.02.A.1 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. 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. 4 37Ar 5 T4-ru.-rE c.c.. 0 90 1 (9)(i<) - a. 95 percent of Work completed (with the balance being rctainage). If the Work has been• qt>rif-> QW and progress of the Work remain satisfactery to Owner and Engineer, thcrc will be no additional rctainage; and B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments•• - • - --' --' -- . • I_ • . '.! -. _ - _ - .. . . ., . 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 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. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 3 of 8 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: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data." E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2)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 Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.A to E above, Contractor does not consider that 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 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. I. 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 8, inclusive). EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 4 of 8 2. Performance bond (pages 00610, 1 to 00610, 3, inclusive). 3. Payment bond(pages 00615,1 to 00615, 3, inclusive). 4. General Conditions(pages 00700,1 to 00700, 62, inclusive). 5. City Supplementary Conditions page 00800-1. 6. Supplementary Conditions(pages 00810,1 to 00810, 18, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings as provided in the Project Manual 9. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid(pages 00410, 1 to 00410,8, inclusive). 10. 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. b. Work Change Directives. c. Change Orders. 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. A. There are no Contract Documents other than those listed above in this Article 9. B. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 5 of 8 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. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or(c)to deprive Owner of the benefits of free and open competition; EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 6 of 8 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 None EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 7 of 8 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. A23.) � �� 3 This Agreement will be effectiv on (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: See Page 9 for signatures , , ✓t r i Ua4—� By: By: Title: Title: ' Th (If Contractor is a corporation, a partnership, or a joint ve s ture, attach evidence of authority to sits, Attest: Att: / Title: Title: 1 (i Address for giving notices: Address for giving notices: e.. ld � s-14-q 7 cP License No.: ` t 1 S (Where applicable) (If Owner is a corporation, attach evidence NOTE TO USER: Use in those states or other of authority to sign. If Owner is a public body, jurisdictions where applicable or required. attach evidence of authority to sign and resolution Agent for service of process: or other documents authorizing execution of this Agreement.) EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 8 of 8 Signed for and in behalf of the City of Oshkosh on the 3T day of 419 ' , 2013. .44d— Mark A. Rohloff, City Manager %Pat .1t1 _ (0, Pamela R. Ubrig, City Cler , f/Y:00- !) Peggy A. Steed, Director of Finance e. , _ . Lorenson7W '•rney I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. Page 9 SECTION 00410 BID FORM BID FORM CONTRACT 13-13: IMPACTED SOIL EXCAVATION,TRANSPORTATION,AND SITE GRADING AECOM PROJECT NUMBER 60276319 TABLE OF CONTENTS Page Article 1 —Bid Recipient 1 Article 2—Bidder's Acknowledgements 1 Article 3 —Bidder's Representations 1 Article 4—Bidder's Certification 2 Article 5—Basis of Bid 3 Article 6—Time of Completion 6 Article 7—Attachments to This Bid 6 Article 8—Defined Terms 6 Article 9—Bid Submittal 7 EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright C 2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page i 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, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged: Addendum No. Addendum Date 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 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 relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data." EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright®2007 National Society of Professional Engineers for EJCDC All rights reserved. Page 1 of 8 • • E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) 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; and (3) Bidder's safety • precautions and programs. F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that 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 required, 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 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. I. 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. ARTICLE 4—BIDDER'S CERTIFICATION 4.01 Bidder certifies 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 collusive 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 engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non- competitive levels, or(c)to deprive Owner of the benefits of free and open competition; EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 2 of 8 3. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice"means harming or threatening to harm, directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 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): Item Number Item Description Quantity Units Unit Cost Item Cost BASE BID ITEMS A. GENERAL A-1 Mobilization/Demobilization- 2013 1 LS $ ccro, $ ODD. A-2 Performance/Payment Bond and Insurance 1 LS $ i D.°$ 1 Sao. Total- General $ SOC). B. GENERAL SITE WORK • Central Garage Site— • Excavation—Remove/Transport to Valley Trail RDF in Berlin, Wisconsin contaminated soil and all misc debris B-1 generated during impacted soils removal (former UST area) at Central Garage, approximately 5,500 tons (tipping fees paid by owner) 5,500 TONS $ `7• I $ Lf3 �C, B-1A Remove water from excavation and discharge in accordance with the Temporary Sanitary Discharge Permit 1 LS $B9501. $ B CI x.11 Central Garage Site:-(continued) EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright®2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 3 of 8 Item Item Number Item Description Quantity Units Unit Cost Cost Backfill—Place/Compact crushed concrete at Central Garage excavation with crushed B-2A concrete material stockpiled on site in accordance with the Low Hazard Exemption Permit. 2,600 CYDs $ �" �jbLO. Backfill—Load/Transport/Place/Compact crushed concrete from Clairville Road B-2B Stockpile in Central Garage excavation in accordance with the Low Hazard Exemption Permit. (Unit Rate only used in event of onsite material shortage) 1000 CYDs $ B-3 Permits and Erosion Control 1 LS $ 1500.°°$ B-4 Health and Safety Monitoring 1 LS $ 5n.°$ - 75CL .� Knapp Street Quarry Temporary Fencing-Install and maintain 4 ft height temporary fencing at the Knapp Street Quarries per Storm Water C-1 Management Erosion Control Plan Figure 3 and in accordance with WDNR Construction Site Storm Water Runoff permit. Install: June 1,2013.Maintain: June 1 through September 27,2013 1 LS (4 1 • ' Co l Erosion Control_Install and maintain erosion control at the Knapp Street Quarries per Storm Water Management Erosion C-2 Control Plan and in accordance with WDNR Construction Site Storm Water Runoff permit. Install: June 1, 2013. Maintain: June 1 through September 27, c 2013 1 LS $55LA-1. $ 0 47V1 7..._ EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright®2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page4of8 Knapp Street Quarry—(continued) - Item Item Number Item Description Quantity Units Unit Cost Cost Excavation-Strip existing topsoil C-3 (approximate 1 foot thickness and stockpile on site—Excavation area approximately 1 70,000 sq. ft.—June 1, 2013 70,000 SF $ $ O'j co Backfill—Grade/Compact clay fill C-4 materials delivered by others, originating from Oaklawn School property. 2,000 cubic �( c yards—June—September 2013 2,000 CYDs $ - ! $ ` • Restoration-Restore Knapp Street Quarries C-5 with a minimum 1-foot thick layer of topsoil and seed and ematt—September 2013 70,000 SF $ i a`W $ t 3, Total—General Site Work $ i);04,7,7I BASE BID TOTAL $ )\-7 ,1(67 -7( ALTERNATE BID ITEMS OPTIONAL UNIT RATE BID ITEMS *Indicate"Add to Price"by+ *Indicate"Reduction to Price"by- Backfill—Grade/Compact Solid Waste and ALT-1A Petroleum Impacted Soil Mixture ti q transported from Central Garage, up to 6,000 cubic yards June September 2013 6,000 CYDs $ $ ALTERNATE BID TOTAL $ BASE BID AND ALTERNATE BID TOTAL $ Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. All specified Lump Sum Bid Items are included in the price(s) set forth above, and have been computed in accordance with Paragraph 11.02 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright 0 2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 5 of 8 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 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. ARTICLE 7—ATTACHMENTS TO THIS BID• 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security in the form of certified check or bid bond in the amount equal to 5% of the total bid amount; B. Disclosure of Ownership Form. 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. EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright®2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 6 of 8 BID SUBMITTAL 9.01 This Bid is submitted by: If Bidder is: An Individual - Name (typed or printed): By: (Individual's signature) Doing business as: A Partnership Partnership Name: By: (Signature of general partner-- attach evidence of authority to sign) Name (typed or printed): A Corporation Corporation Name: kn\--P5l���-�� c�lr.�� �C �cA-A"`jnr- (SEAL) State of Inco .oraf on: ` J T i.e General Busi - •-•fessional, Service, Limited Liability): E - By: Zia (Signature -- attach evidence eiPT. PT thority to sign) Name (typed or printed):41 *m \MIF.A r k u Title: Pv-Q S-\ Q/1 •RP I RATT SEAL) A 'est 1/`' LC)(13 Date of Qualification to do business in Wisconsin is - / EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright®2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 7 of 8 A Joint Venture Name of Joint Venture: 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: (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.) Bidder's Business Address 1DD S Phone No. J — � Fax No.-1 ( S " 1 E-mail V -t �51, e_.C SUBMITTED on L ,20 1 D. State Contractor License No. \, \, 1 tD S LSJ EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 8 of 8 State of Wisconsin Department of Workforce Development Disclosure of Ownership Equal Rights Division • The statutory authority for the use of this form is prescribed in Sections 66.0903(12)(d),66.0904(10)(d)and 103.49(7)(d),Wisconsin Statutes. The use of this form is mandatory. The penalty for failing to complete this form is prescribed in Section 103.005(12),Wisconsin Statutes. - Personal information you provide may be used for secondary purposes[Privacy Law, s. 15.04(1) (m),Wisconsin Statutes] (1)On the date a contractor submits a bid to or completes negotiations with a state agency, local governmental unit, or developer, investor or owner on a project subject to Section 66.0903, 66.0904 or 103.49, Wisconsin Statutes, the contractor shall disclose to such state agency, local governmental unit, or developer, investor or owner, the name of any"other construction business",which the contractor, or a shareholder, officer or partner of the contractor, owns or has owned within the preceding three (3)years. (2) The term"other construction business"means any business engaged in the erection, construction, remodeling, repairing, demolition, altering or painting and decorating of buildings, structures or facilities. It also means any business engaged in supplying mineral aggregate,or hauling excavated material or spoil as provided by Sections 66.0903(3), 66.0904(2), 103.49(2)and 103.50(2), Wisconsin Statutes. (3) This form must ONLY be filed,with the state agency project owner, local governmental unit project owner, or developer, investor or owner of a publicly funded private construction project that will be awarding the contract, if both (A)and (B) are met. (A)The contractor, or a shareholder, officer or partner of the contractor: (1) Owns at least a 25% interest in the"other construction business", indicated below, on the date the contractor submits a bid or completes negotiations. (2) Or has owned at least a 25%interest in the"other construction business"at any time within the preceding three (3)years. (B)The Wisconsin Department of Workforce Development(DWD)has determined that the"other construction business" has failed to pay the prevailing wage rate or time and one-half the required hourly basic rate of pay, for Other Construction Business Name of Business Street Address or P 0 Box City State Zip Code Name of Business • Street Address or P 0 Box - City State Zip Code Name of Business Street Address or P 0 Box City State Zip Code Name of Business Street Address or P 0 Box City State Zip Code 1 hereby state under penalty of perjury that the information, contained in this document, is true and accurate according to my knowledge and belief. Print ttie iName of Authorized Officer !� t ∎ �— - Sign- - • • thorize. • f"er Date Signed :�.:. If" 1 of orpor�, 'artnershlp o Ot�Prop ietorship Street Address or Pd Box ( Ci n State Zi' Code _ JAL c7*1 2(d �7 If you have any questions call (608) 266-6861 ERD-7777(R.0112011) Bid Bond The American Institute of Architects, i -AIA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Integrity Grading & Excavating, Inc. as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland 1400 American Ln, Tower 1, 18th Floor, Schaumburg, IL 60196 a corporation duly organized under the laws of the State of Maryland as surety, hereinafter called the Surety are held and firmly bound unto City of Oshkosh 215 Church Ave Rm 104 P.O. Box 1130 Oshkosh, WI 54901 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount **********"*************************** Dollars ($ 5%of Bid Amount ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. W H E R E A S, the Principal has submitted a bid for Contract 13-13 Impacted Soil Excavation, Oshkosh WI NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 21 st day of March 20 13 g , �/ Integrity Grading & Excavating, Inc. Witness (seal) B . 4-----` ` (Title) V7-Q Zi 1° Fidelity and Deposit Company of Maryland Witness Kar= • = ron (seal) Robert Downey (Title) Attorney in Fact 1 NA Document No.A310 r. . Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by FRANK E.MARTIN JR.,Vice President,and ERIC D.BARNES,Assistant Secretary,in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said .as; y,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d. i., ••. ereby nominate, constitute and appoint Michael J.DOUGLAS,Chris STEINAGEL,C .t.' : P rt DOWNEY and Connie SMITH,all of Hudson,Wisconsin, EACH its true . °' c ` . ,- make,execute,seal and deliver,for,and on its behalf as surety,and as it a. ._�i..1r/y -. ..� { ' ,. ndertakings,and the execution of such bonds or undertakings j• •�y se . s• a-':�.inding upon said Company,as fully and amply, to all intents and pu .os it +M.; bee •- '• d . acknowledged by the regularly elected officers of the Company at its . `Itt .. M. , � {°r._ ••er persons. This power of attorney revokes that issued on behalf of Michael J. •' •S . `�r`' �• - ,Christopher M.KEMP,Lisa FLIPP,Robert DOWNEY,dated March 25,2011. via The said Assistant SEr�tary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of December,A.D.2011. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND DEPos, • 5 1M 'Urn / -a�l:�lr .... -- -- 'f By: Eric D. Barnes Assistant Secretary Frank E.Martin Jr. Vice President State of Maryland City of Baltimore f ss• On this 22nd day of December, 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, 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 Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. . aaaatif`�l'rrl�r/� 1 to,{.Y•,......;�(,/i� 92„(..)1,42; Maria D.Adamski Notary Public My Commission Expires: July 8,2015 POA-F 184-0011A • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board, or the President,or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 21 st day of March 2013 . Assistant Secretary BOND# 09071225 Performance Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business): Integrity Grading&Excavating,Inc. Fidelity and Deposit Company of Maryland 1400 American Ln,Tower 1, 18th Floor 605 Grossman Dr P.O. Box 138 Schofield,WI 54476-0138 Schaumburg, IL 60196 OWNER(Name and Address): City of Oshkosh 215 Church Ave Rm 104 P.O.Box 1130 Oshkosh,WI 54901 CONTRACT Date: April 23,2013 Amount:One Hundred Twenty-Seven Thousand Seven Hundred Sixty-Seven Dollars and 711100 ( $127,767.71 ) Description(Name and Location): Contract 13-13: Impacted Soil Excavation,Transportation,and Site Grading (Central Garage) BOND Bond Number: 09071225 Date(Not earlier than Contract Date): April 23,2013 Amount: One Hundred Twenty-Seven Thousand Seven Hundred Sixty-Seven Dollars and 711100 ( $127,767.71 ) Modifications to this Bond Form: None Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Integrity Grading&Excavating,Inc. (Seal) Fidelity and Deposit Company of Maryland (Seal) y Surety's Name nd Co orate Se Signature: f 14c CS; Clll By: Name and Title: Signature and Title: Chris Steinagel Attorney-in-Fact (Attach Power of Attorney) Witness: /' %- (Space is provided below for signatures of additional parties, Signature and Title if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) (Seal) Surety's Name and Corporate Seal Signature: By: Name and Title: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title EJCDC No.C-610(2002 Edition) Originally prepared by the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America,and the American Institute of Architects. 00610-1 1. Contractor and Surety,jointly and severally, bind themselves,their 6. After Owner has terminated Contractor's right to complete the heirs,executors,administrators,successors,and assigns to Owner for the Contract,and if Surety elects to act under Paragraph 4.1,4.2,or 4.3 above. performance of the Contract,which is incorporated herein by reference. then the responsibilities of Surety to Owner shall not be greater than those of the Contractor under the Contract,and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract.To a 2. If Contractor performs the Contract,Surety and Contractor have no limit of the amount of this Bond,but subject to commitment by Owner ol obligation under this Bond,except to participate in conferences as provided the Balance of the Contract Price to mitigation of costs and damages on the in Paragraph 3.1. Contract,Surety is obligated without duplication for: 3. If there is no Owner Default, Surety's obligation under this Bond 6.1 The responsibilities of Contractor for correction of defective shall arise after: Work and completion of the Contract; 6.2 Additional legal, design professional,and delay costs resulting 3.1 Owner has notified Contractor and Surety, at the addresses from Contractor's Default, and resulting from the actions or described in Paragraph 10 below, that Owner is considering failure to act of Surety under Paragraph 4;and declaring a Contractor Default and has requested and attempted 6.3 Liquidated damages, or if no liquidated damages a specified to arrange a conference with Contractor and Surety to be held in the Contract,actual damages caused by delayed performance not later than IS days after receipt of such notice to discuss or non-performance of Contractor. methods of performing the Contract. If Owner,Contractor and Surety agree,Contractor shall be allowed a resonable time to 7• Surety shall not be liable to Owner or others for obligations ol perform the Contract, but such an agreement shall not waive Contractor that are unrelated to the Contract,and the Balance of the Owner's right, if any, subsequently to declare a Contractor Contract Price shall not be reduced or set off on account of any such Default; and unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs,executors,administrators,or 3.2 Owner has declared • Contractor Default and formally terminated Contractor's right to complete the Contract. Such successors. Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in g, Surety hereby waives notice of any change, including changes ol Paragraph 3.1;and time, to Contract or to related subcontracts,purchase orders,and other 3.3 Owner has agreed to pay the Balance of the Contract Price to: obligations. 1. Surety in accordance with the terms of the Contract. 9. Any proceeding,legal or equitable,under this Bond may be instituted 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract, in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after 4. When Owner has satisfied the conditions of Paragraph 3,Surety shall Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations promptly and at Surety's expense take one of the following actions: under this Bond,whichever occurs first.If the provisions of this paragraph are void or proibited by law,the minimum period of limitation available 4.1 Arrange for Contractor,with consent of Owner,to perform and complete the Contract;or to sureties as a defense in the jurisdiction of the suit shall be applicable. 4.2 Undertake to perform and complete the Contract itself,through its agents or through independent contractors;or 10. Notice to Surety,Owner,or Contractor shall be mailed or delivered to 4.3 Obtain bids or negotiated proposals from qualified contractors the address shown on the signature page. acceptable to Owner for a contract for performance and completion of the Contract,arrange for a contract to be prepared 11. When this Bond has been furnished to comply with a statutory for execution by Owner and Contractor selected with Owner's requirement in the location where the Contract was to be performed,any concurrence, to be secured with performance and payment provision in this Bond conflicting with said statutory requirement shall be bonds executed by a qualified surety equivalent to the bonds deemed deleted herefrom and provisions conforming to such statutory issued on the Contract, and pay to Owner the amount ol requirement shall be deemed incorporated herein.The intent is that this damages as described in Paragraph 6 in excess of the Balance of Bond shall be construed as a statutory bond and not as a common law bond. the Contract Price incurred by Owner resulting from Contractor Default;or 12. Definitions. 4.4 Waive its right to perform and complete, arrange for 12.1 Balance of the Contract Price: The total amount payable by completion,or obtain a new contractor and with reasonable Owner to Contractor under the Contract after all proper promptness under the circumstances: adjustments have been made,including allowance to Contractor 1. After investigation, determine the amount for which it of any amounts received or to be received by Owner in may be liable to Owner and,as soon as practicable after settlement of insurance or other Claims for damages to which the amount is determined, tender payment therefor to Contractor is entitled,reduced by all valid and proper payments Owner;or made to or on behalf of Contractor under the Contract 2. Deny liability in whole or in part and notify Owner citing 12.2 Contract: The agreement between Owner and Contractor reasons therefor. identified on the signature page, including all Contract Documents and changes thereto. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable 12.3 Contractor Default: Failure of Contractor,which has neither promptness, Surety shall be deemed to be in default on the Bond 15 days been remedied nor waived,to perform or otherwise to comply after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond,and Owner with the terms of the Contract. shall be entitiled to enforce any remedy available to Owner. If Surety 12.4 Owner Default: Failure of Owner,which has neither been proceeds Is provided in Paragraph 4.4, and Owner refuses the payment remedied nor waived, to pay Contractor as required by the tendered or Surety has denied liability,in whole or in part,without further Contract or to perform and complete or comply with the other notice Owner shall be entitled to enforce any remedy available to Owner. terms thereof, FOR INFORMATION ONLY- Name,Address and Telephone Surety Agency or Broker: J.Ryan Bonding,Inc.;P.O.Box 465,Hudson,WI 54016 800/535-0006 Owner's Representative(engineer or other party) AECOM 200 Indiana Ave Stevens Point,WI 54481 (715)341-8110 EJCDC No.C-610(2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. BOND# 09071225 Payment Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business): Integrity Grading&Excavating,Inc. Fidelity and Deposit Company of Maryland 1400 American Ln,Tower 1,18th Floor 605 Grossman Dr P.O.Box 138 Schofield,WI 54476-0138 Schaumburg,IL 60196 OWNER(Name and Address): City of Oshkosh 215 Church Ave Rm 104 P.O.Box 1130 Oshkosh,WI 54901 CONTRACT Date: April 23,2013 Amount:One Hundred Twenty-Seven Thousand Seven Hundred Sixty-Seven Dollars and 711100 ( 5127,767.71 ) Description(Name and Location): Contract 13-13: Impacted Soil Excavation,Transportation,and Site Grading (Central Garage) BOND Bond Number: 09071225 Date(Not earlier than Contract Date): April 23,2013 Amount: One Hundred Twenty-Seven Thousand Seven Hundred Sixty-Seven Dollars and 711100 ( $127,767.71 ) Modifications to this Bond Form: None Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Integrity Grading&Excavating,Inc. (Seal) Fidelity and Deposit Company of Maryland (Seal) Surety's Name and Corpo ate Se Signature: �t Pte.Sic1fdBy: Name and Title: Signature and Title: Chris Steinagel Attorney-in-Fact (Attach Power of Attorney) Witness: 11/14 Z°"L 4- (Space is provided below for signatures of additional parties, Signature and Title if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) (Seal) Surety's Name and Corporate Seal Signature: By: Name and Title: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title EJCDC No.C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America,the American Institute of Architects,the American Subcontractors Association,and the Associated Specialty Contractors. 00615-1 • 1. Contractor and Surety,jointly and severally, bind themselves,their 8. Amounts owed by Owner to Contractor under the Contract shall be heirs,executors,administrators,successors,and assigns to Owner to pay used for the performance of the Contract and to satisfy claims,if any,under for labor,materials,and equipment furnished by Claimants for use in the any performance bond.By Contractor furnishing and Owner accepting this performance of the Contract,which is incorporated herein by reference. Bond,they agree that all funds earned by Contractor in the performance o1 the Contract are dedicated to satisfy obligations of Contractor and Surety 2. With respect to Owner, this obligation shall be null and void it under the Bond, subject to Owner's priority to use the funds for the Contractor: completion of the Work. 2.1 Promptly makes payment,directly or indirectly,for all sums due 9. Surety shall not be liable to Owner, Claimants or others for Claim a i n t s, and obligations of Contractor that are unrelated to the Contract.Owner shall not 2.2 Defends, idemnifies, and holds harmless Owner from all be liable for payment of any costs or expenses of any Claimant under this claims, demands, liens, or suits alleging non-payment by Bond,and shall have under this Bond no obligations to make payments to Contractor by any person or entity who furnished labor, give notices on behalf of,or otherwise have obligations to Claimants under materials, or equipment for use in the performance of the this Bond. Contract,provided Owner has promptly notified Contractor and 10. Surety hereby waives notice of any change, including changes of Surety (at the addresses descrived in Paragraph 12)of any time,to Contract or to related Subcontracts,purchase orders,and other claims,demands,liens,or suits and tendered defense of such obligations. claims,demands,liens,or suits to Contractor and Surety,and provided there is no Owner Default. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the 3.3 With respect to Claimants, this obligation shall be null and void it Work or part of the Work is located or after the expiration of one year from Contractor promptly makes payment,directly or indirectly,for all sums the date(I)on which the Claimant gave the notice required by Paragraph due. 4.1 or Paragraph 4.2.3, or(2) on which the last labor or service was qu 4. Surety shall have no obligation to Claimants under this Bond until: anyone performed under by the anyone Construction or the last Contractmaterials or,wehichever ipment of were(I)or(2)furnished firsby t occurs.If the provisions of this paragraph are void or prohibited by law,the 4.1 Claimants who are employed by or have a direct contract with minimum period of limitation available to sureites as a defense in the Contractor have given notice to Surely (at the addresses jurisdiction of the suit shall be applicable. described in Paragraph 12)and sent a copy,or notice thereof,to Owner,stating that a claim is being made under this Bond and, 12. Notice to Surety,Owner,or Contractor shall be mailed or delivered to with substantial accuracy,the amount of the claim. the addresses shown on the signature page. Actual receipt of notice by 4.2 Claimants who do not have a direct contract with Contractor: Surety,Owner,or Contractor,however accomplished,shall be sufficient I. Have furnished written notice to Contractor and sent a compliance as of the dale received at the address shown on the signature copy, or notice thereof, to Owner, within 90 days after page. having last performed labor or last furnished materials or 13. When this Bond has been furnished to comply with a statutory equipment included in the claim stating with substantial requirement in the location where the Contract was to be performed,any accuracy, the amount of the claim and the name of the provision in this Bond conflicting with said statutory requirement shall be party to whom the materials or equipment were furnished deemed deleted herefrom and provisions conforming to such statutory or supplied,or for whom the labor was done or performed; requirement shall be deemed incorporated herein.The intent is that this and Bond shall be construed as a statutory Bond and not as a common law 2. Have either received a rejection in whole or in part from bond. Contractor,or not received within 30 days of furnishing the above notice any communication from Contractor by 14. Upon request of any person or entity appearing to be a potential which Contractor had indicated the claim will be paid beneficiary of this Bond,Contractor shall promptly furnish a copy of this directly or indirectly; and Bond or shall permit a copy to be made. 3. Not having been paid within the above 30 days, have sent 15. Definitions a written notice to Surety and sent a copy, or notice thereof,to Owner,stating that a claim is being made under 15.1 Claimant: An individual or entity having a direct contract with this Bond and enclosing a copy of the previous written Contractor,or with a first-tier subcontractor of Contractor,to notice furnished to Contractor, furnish labor, materials, or equipment for use in the performance of the Contract.The intent of this Bond shall be to 5. If a notice by a Claimant required by Paragraph 4 is provided by include without limitation in the terms"labor, materials or Owner to Contractor or to Surety, that is sufficient compliance. equipment" that part of water,gas, power,light,heat,oil, gasoline,telephone service,or rental equipment used in the 6. When • Claimant has satisfied the conditions of Paragraph 4,the Contract,architectural and engineering services required for Surety shall promptly and at Surety's expense take the following actions: performance of the Work of Contractor and Contractor's 6.1 Send an answer to that Claimant,with a copy to Owner,within Subcontractors,and all other items for which a mechanic's lien 45 days after receipt of the claim,stating the amounts that are may be asserted in the jurisdiction where the labor,materials,or equipment were furnished. undisputed and the basis for challenging any amounts that are 15.2 Contract: The agreement between Owner and Contractor disputed. identified on the signature page, including all Contract 6.2 Pay or arrange for payment of any undisputed amounts. Documents and changes thereto. 15.3 Owner Default: Failure of Owner,which has neither been 1. Surety's total obligation shall not exceed the amount of this Bond, remedied nor waived, to pay Contractor as required by the and the amount of this Bond shall be credited for any payments made in Contract or to perform and complete or comply with the other good faith by Surety. terms thereof. FOR INFORMATION ONLY-Name,Address and Telephone Surety Agency or Broker: J.Ryan Bonding,Inc.,P.O.Box 465,Hudson,WI 54016;800/535-0006 Owner's Representative(engineer or other party): AECOM 200 Indiana Ave Stevens Point,WI 54481 (715)341-8110 EJCDC No.C-615(2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. Power of Attorney • FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by FRANK E.MARTIN JR.,Vice President, and ERIC D. BARNES,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said • ny,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d. • r+` ereby nominate, constitute and appoint Michael J.DOUGLAS,Chris STEINAGEL,C u 'y��t 47. r P ! s rt DOWNEY and Connie SMITH,all of Hudson,Wisconsin, EACH its true .•: inlet" I id • .� • make,execute,seal t indertakings,and the and deliver,for,and on its behalf as surety,and as it. p. l •- :$6441' y . • •:al�"' " execution of such bonds or undertakings i'- pu • a' se .s.41114), 6- imding upon said Company,as fully and amply,to all intents and pu os.. tat;•!t.�: bee e. _ d 4 acknowledged by the regularly elected officers of the Company at its • '• lti 1. ;•Ms , •�� owl er persons. This power of attorney revokes that issued on behalf of Michael J. i 1AS 4 r.' 1 ' ,Christopher M. KEMP,Lisa FLIPP,Robert DOWNEY,dated March 25, 2011. ( {a The said Assistant S r ry does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of December,A.D.2011. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '4,0 DEPQs," _4 FVr 0 o ; W IAA a. Of 101 ' /)< / �. , I�- By: Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland lss: City of Baltimore J On this 22nd day of December, 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, 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 Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. : I.i( , ,p,,c, 9 _ ...,..,„,,,,,, ,.. , : ,.,,,. ......„,, 0 • , Maria D.Adamski Notary Public My Commission Expires: July 8,2015 POA-F 184-0011A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 3` day of APHL �2 Assistant Secretary ACCORD CERTIFICATE OF LIABILITY INSURANCE °A��"M'°°"Y"�r' 04/24/2013 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 West, James C NAME: Clint West Insurance IAHic.N .Ext): 715-845-7039 FAX 715-845-4503 1201 S 11th Ave ADDRESS: jim.west @clintwestins.com PO 985 INSURER(S)AFFORDING COVERAGE NAIC a Wausau, WI 54402 INSURER A: Acuity 14184 INSURED 715-359-4042 INSURERS: Integrity Grading & Excavating, Inc INSURERC: Excavating Inc INSURER D: 605 Grossman Dr Schofield, WI 54476 INSURERE: INSURER F: 4 COVERAGES CERTIFICATE NUMBER: 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 AWL SUM POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR MD POLICY NUMBER (MMWDDIYYYY),(MMIDDIYVYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY L37298 04/03/2013 04/03/2014 PREMISES Maocc RENTED r Y y PREMISES IEa occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 X CG-2037f (7/04) PERSONALSADViNJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 POLICY I " !JPERCOT- n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ A X ANY AUTO y y L37298 04/03/2013 04/03/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident); $ X HIRED AUTOS x NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) . X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LIAR CLAIMS-MADE y y L37298 04/03/2013 04/03/2014 AGGREGATE $ DED X RETENTION$10,000 $ WORKERS COMPENSATION x WC STATU- I OTH- AND EMPLOYERS'LIABILITY Y N TORY LIMITS ER A ANYPROPRIETOR,PARTNERJEXECUTIVE � E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? I - I NIA L398 04/03/2013 C4/03/2014 (Mandatory in NH) y L37298 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 1 VEHICLES(Attach ACORD 101,Additional Romance Schedule,If more space Is required) Should Any Of The Above Be Cancelled Before The Expiration Date Thereof, The Issuing Insurer will Endeavor to Mail 30 Days Written Notice To Certificate Holder, But Failure To Do So Shall Impose no Obligation Of Any Kind On This Insurer, Its Agents Or Representatives.Re: project contract 13-13- impacted soil excavation, transportation, and site grading central garage.Additional insureds to be City Of Oshkosh and AECOM 558 N Main Street Oshkosh, Wi 54901 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, Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave P.O. 1130 AUTHORIZED REPRESENTATIVE Oshkosh, WI 54903-1130 1 .--st.4.As -fl_ /®,V , I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ,.......—.1 GATE(MMiDD/YYYY) A ° CERTIFICATE OF PROPERTY INSURANCE 04/25/2013 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. If this certificate Is being prepared for a party who has an insurable interest in the property,do not use this form. Use ACORD 27 or ACORD 28. PRODUCER NAME:CT West, James C Clint West Insurance P�AH!cC.No,�): 715-845-7039 NC,NO); 715-845-4503 1201 S 11th Ave E-MAIL gg; jim.west @clintwestins.com PO Box 985 PRODUCER 1002214 Wausau, WI 54402 CUSTOMER ID: INSURER(S)AFFORDING COVERAGE NAIC I _ INSURED INSURER A: Acuity 14184 Integrity Grading & Excavating, Inc INSURERS: 605 Grossman Dr INSURERC: Schofield, WI 54476 INSURER D: INSURER E: 715-359-4042 _INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES 1 DESCRIPTION OF PROPERTY (Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) 605 GROSSMAN AVE, SCHOFIELD, WI 54476, OFFICE BUILDING 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. fNSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I COVERED PROPERTY LIMITS LTR DATE(MMiODNYYY) DATE(MMADIYYYY) XJ PROPERTY BUILDING $ A CAUSES OF LOSS DEDUCTIBLES L37298 04/03/2013 04/03/2014 ■ PERSONAL PROPERTY g - BASIC BUILDING ■ BUSINESS INCOME g BROAD CONTENTS 1111 EXTRA EXPENSE $ X SPECIAL ■ RENTAL VALUE $ X EARTHQUAKE ■ BLANKET BUILDING g WIND ■ BLANKET PERS PROP $ X FLOOD ■ BLANKET BLDG&PP $ © Installation s 150,000 Floater S INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS I ■ $ NAMED PERILS POLICY NUMBER ■ $ S CRIME $ TYPE OF POLICY ■ $ I $ IBOILERS MACHINERY 1 $ EQUIPMENT BREAKDOWN $ $ $ SPECIAL CONDITIONS!OTHER COVERAGES(Attach ACORD 101,Additional Remarks Schedule.If more space Is required) Should Any Of The Above Be Cancelled Before The Expiration Date Thereof, The Issuing Insurer will Endeavor to Mail 30 Days Written Notice To Certificate Holder, But Failure To Do So Shall Impose no Obligation Of Any Kind On This Insurer, Its Agents Or Representatives.Additional Insureds to be City Of Oshkosh and AECOM 558 N Main Street Oshkosh, Wi 54903-1130. Project: 13-13 Impacted Soil Excavation CERTIFICATE HOLDER CANCELLATION City Of Oshkosh, Attn: City Clerk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Ave ACCORDANCE WITH THE POLICY PROVISIONS P.O. 1130 Oshkosh, WI 54903-1130 AUTHOR! EPRESENTAT I © 9 09 ACORD COR R ON. All rights reserved. ACORD 24(2009109) The ACORD name and I..• are registered marks of ACORD AGENCY CUSTOMER ID: 1002214 LOC 8: A QRD ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Clint West Insurance Integrity Grading & Excavating, Inc POLICY NUMBER 605 Grossman Dr Schofield, WI 54476 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 24 FORM TITLE: Certificate of Property Insurance CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY SPECIAL CONDITIONS I OTHER COVERAGES Central Garage. 1.The "property" insurance amount is at least equal to the bid amount, plus or minus any change orders. It also includes value of Engineering or Architect fees relating to the property. 2.Covered property includes property on the project work sites, property in transit, and property stored off the project work sites. 3.Coverage is on a Replacement Cost basis. 4.The City of Oshkosh, City of Oshkosh Consultants, architects, architect consultants, engineers, engineer consultants, contractors, and subcontractors are added as named insureds to the policy. S.Coverage is written on a "special perils" or "all risk" perils basis. Coverage includes collapse. 6.Coverage includes coverage for Water Damagefincluding but not limited to flood, surface water, hydrostatic pressure) and Earth movement. 7. Coverage is included for Testing and Start up. 8_If the exposure exists, coverage includes Boiler & Machinery coverage. 9.Coverage includes coverage for Engineer and Architects fees. l0.Coverage includes Building Ordinance or Law coverage with a limit of at least 5% of the contract amount. 11.The policy covers/allows Partial Utilization by owner. 12.Coverage includes a "waiver of subrogation" against any named insureds or additional insureds. 13. Contractor is responsible for all deductibles and coinsurance penalties. ACORD 101(2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD