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HomeMy WebLinkAboutPW CNT 13-11 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: Wood Sewer & Excavating Date: September 5, 2013 E 9238 County Road X Project: Sanitary Manhole Rehab New London, WI 54961 From: Carol Marchant, Adm. Assistant Re: Contract 13-11 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 Signed Construction Contract— City Contract 13-11 These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Signed: ed -e Carol Marchant cc: City Clerk (original) Public Works, Engineering (original) City Attorney (copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 14th day of August, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and WOOD SEWER & EXCAVATING, INC., E 9238 county Road X, New London, WI 54961, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 13-11 for the Sanitary Manhole Rehabilitation/Inflow Reduction Program, for the Public Works Department, pursuant to Resolution 13-372 adopted by the Common Council of the City of Oshkosh on the 13th day of August, 2013, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the Special Conditions and/or CONTRACTOR's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of $740,768.82, adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the Contract the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this Contract, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This Contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The City's Approved Plans 3. Specifications, including any addenda 4. City of Oshkosh Standard Specifications 5. Instructions to Bidders 6. Advertisement for Bids 7. Contractor's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. 2 In the event that any provision in any of the above component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "CONTRACTOR" wherever used in this Contract means the party of the second part and its/his/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh,Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR WOOD SEW R & EXCAVATING, INC. By: 74. ts; en`s (Seal of Contractor (Specify Title) if a Corporation.) i`iOo Corporate I '/ BY: lila&An ot Vire -`AreSjdenl (Specify Title) CITY OF OSHKOSH l 4(l tier . By:,L, or� - M ç _- rk A. Rohloff, City Manager ( .mess) �I ' A X And: &A - //kW= �� ' "ness) Pamela R. Ubrig, City Cl-rk / APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under , this contract City Attorney Cit�(%Slroller Y 3 ,,......1 WOODS-2 OP ID:JT '°,`,°RL CERTIFICATE OF LIABILITY INSURANCE ��08/22/13) 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 920-437-0587 CONTACT 419 S Washington Associates-Green n Bay 920-437-4179 (A/C No.EA, FAX No): PO Box 22368 E-MAIL Green Bay,WI 54305-2368 ADDRESS: Roy S Brown INSURER(s)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Co 10677 INSURED Wood Sewer&Excavating Inc INSURER B: Sue Wood E9238 Cty X INSURER C: New London,WI 54961-7820 INSURER(): INSURER E: _INSURER F: 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 TYPE OF INSURANCE ADM mvu POLICY NUMBER (MWDDIYYYY) (MWDD/YYYY) LIMITS GENERAL UABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X EPP 0018996 06/01/13 06/01/14 pREM SES EaENoccurterroe) $ 500,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X SrCOT- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ A X ANY AUTO EPP 0018996 06/01/13 06/01/14 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 E EXCESS LIAB CLAIMS-MADE EPP 0018996 06/01/13 06/01/14 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION WC STATU- °N- AND EMPLOYERS'LIABILITY X TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC 1918284 06/01/13 06/01/14 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If es,des«iee 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Inland Marine EPP 0018996 06/01/13 06/01/14 Leased/ ■ Rented 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) re: Public Works Contract 13-11 City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are included as additional insured with respects to general liability coverage by endorsement GA233 02/07 CERTIFICATE HOLDER CANCELLATION CIOSOSI 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. PO Box 1130 Oshkosh,WI 54903-1130 AUTHORIZED REPRESENTATIVE goy— — ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Bond# 354-031-458 THE AMERICAN INSTITUTE OF ARCHITECTS 4,Y44-.4b AM Docurnen1 A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall he considered plural where applicable. CONTRACTOR (Name and Address): SURFTY rName and Principal Place of Baisinessi: Wood Sewer&Excavating, Inc. Liberty Mutual Insurance Company 175 Berkeley St E9238 Cty Rd X New London, WI 54961 Boston, MA 02116 OWNER (Name and Address): City of Oshkosh 215 Church Ave P.O. Box 1130 Oshkosh, WI 54901 CONS!RUC HON CON1RAC I [)ate: August 14, 2013 AnT OU : $740,768.82 Seven Hundred Forty Thousand Seven Hundred Sixty-Eight Dollars and 82/100 Description (Name and Location):Sanitary Manhole Rehabilitation/Inflow Reduction Program Public Works Contract No. 13-11 BOND Date (Not earlier than Construction Contract Dale): August 22,2013 Amount: $740,768.82 Seven Hundred Forty Thousand Seven Hundred Sixty-Eight Dollars and 82/100 Modifications to this Bond: x None See Page .1 cON1 RACTOR AS PRINCIPAI SURETY Company: (Corporate Scah Company: Corporatc eali Wood Sewer&Excavaf g, Inc. Liberty Mutual Insurance Company 0' Signature: _ Signature: Name and Idle: 40.4°Je • oOd Name and Title: .1cfe-of e •St Robert Downey (Any additional signatures appear on page t Attorney-in-Fact (FOR INFORMATION ONIY—Name. Address and Telephone AGENT or BROKER: OWNER'S RFPRI-SFNIATIVE Arthite t t, I ngineer or J.Ryan Bonding, Inc. other partvi.Owner P.O. Box 465 Hudson, WI 54016 (715)377-8230 MA DOCUMENT A312 • 1110(tORMAN(E 11074) AND PAN AD NI BONI') • MCI` Ihtlk 1403 to •A1A AMERICAN INSIA 1 11 It OE AI{(MU A715 NON YORK AVE SNAS H Nt I ON 1.1:( 211111)}1 A.312-1984 1 THARD pRiNtiNG•MA ft( 1157 Bond# 354-031-458 1 the Contractor and the Surety, jointly and sciverally, which it may he liable to the Owner and, as hind themselves, their heirs, executors, administrators. soon as practicable atter the amount is deter- successors and assigIVI to the Owner for the performance mined, tender payment theretin Iii the of the Construction Contract,which is incorporated herein Owner; Or by reference. .2 Deny liability in whole or in part and notify the 2 Ii the Contra(tut perkinns the Construt lion Contract, Owner t lung reasons therefor. the Surety and the Contractnr shall have no obligation 5 It the Surety does not proceed as provided in Paragraph under this Bond. except to participate in conferences as 4 with reasonable inompiness, the SUrc-t. shall Ire deemed provided in Subparagraph 3.1. to he in detault on this Bond'Meer'days alter receipt oi an 3 If there is no Owner ()flank, the Surety's obligatinn additional written untie e Prom the Owner to the surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall he entitled to ernor«•ans. 3.1 The Owner has notified the Contractor and the remedy available to the Owner. It the Suretv prot.ectk a, Surety at its address described in Paragraph ID below provided in Subparagraph 4,4 and the Owner rouses the that the Owner is considering declaring a Contrai tor payment tendered or the Surety has denied liability. in L)eiault and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days atter receipt of such notice to discuss methods of performing the Construe- 6 After the Owner has terminated the Contrai Inr's right lion Contract_ It the Owner, the Contractor and the to complete the Constrin lion Contract. and it the Surets. Surety agree. the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.1. oi 4 I above. able time to permrrn the Constructmn Contract, but Ihen the responsibilities of the Surety to the Owner shall sot h an agreement shall not waive the Owners tight,it not be greater than those cri the Contraalnr under the any subsequently to declare a Contractor f)ettault: :met Construction Contract, and the responsibilities in the Owner to the Surety shall not he greater than those ni the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.lo the limit tit thi, tor mally terminated the Contractor's right to complete amount of this Bond, but subject to I ommilment IY.,., ille the wrilidi.l. Such Contractor Default shall not be de- Owner Cli the fialallt-C Ill the Contrak I Price to initi,o,,titori Iii c tared 4.trlier than twenty days atter the Contractor and costs and damages on Ole C.:nre,lrut Icon Ointrai t Ant,'lure the Surety have received notice as is tied in Cub- Iv is ohligated without duplication tor paragraph t.1; and 6.1 The responsibilities ot the Cunha(for Inn «,rici- 3.3 The Owner has agreed to pas. the Balance or the lion of deter:fit:if.syork and c timpletion ot the C iinstraar- C contrast Price to the Surety in accordance with the lion Contract. terms of the Construction Contract or to a contractor selected to perform the Construction Contrar I in,-K(..cir- 6.2 Additional legal, design protessional and delay dance with the terms or the contract with the Owner, costs resulting trout the Contractor's Oefault and re. stifling from the actions or failure to act of the sureh 4 When the Owner has satisfied the conditions rib Para- under Paragraph 4; and graph t, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, iir it no liquidated damages are specified in the Construation( ontrar t.actual ciam 4.1 Arrange for the Contractor. with consent ot the age', ■atiwil by delayed pertormance or non-per tor- Owner, to pertorm and complete the Construction rnarKe of the Contractor. (-Andra(I; cu. 7 ihe Surely shall not he liable hi the t)'.yrwr or tubers tor 4.2 Undertake to pertorm and complete the(Aro sou c- obligations 01 the Contrat tor that are unrelated hi the I_on- lion Contract itself, through its agents or through inch- struction COntrac I. and the Balance of the Contract Price pendent contractors; or shall not he reduced or set off on account in any sorb 4.3 Obtain bids or negotiated propw,A1,. t Hun kmreldted obhgatIons. No right °I ac non shall .n i rm. tin (141alitied Conlim:10f, acceptable to the Owner for a this Bond to any person or entity etiher than the chyner or t ontract for perlormance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to hr pri.- 8 the Surety hereby waive,, nioli(e of any change. on(lud. pared for execution by the Owner and the t oillrac for ing changes rat lime, to the Construction Contract or to selected with the Owner's concurrence, ho be secured related subcontracts. purchase orders and other obliga. with pedormance and payment bonds executed by a lions_ qualified surely equivalent to the bonds issued on the Construction Contract, and pay to the Owner I he 9 Any proceeding, legal or equitable, umicr this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess ot the Balance of the Contract Price incurred by the the location in which Me work or part ot the work is located Owner resulting from the Contractor's default; or and shall he instituted within two years alter Contra(tor Detault or within two years atter the Control tor c eased 4.4 Waive its right to perform and complete,arrange working or within tWo years atter the Surely renews in tads for completion, or obtain a new contractor and with to pertorm its obligations under this Br trtd,whichever oc- reasonable plomptness under the circumstances: curs first. It the provision., cif this Paragraph are VOin or .1 Alter investigation. determine the amount for prohibited by law, the minimum period of limitation avail- AJA DOCUMENT A312 • Pr RFORMANtt. BOND .NO NAIML NI BONI)•Orcfm8ER 1"Oe4 t D • ALA Tilt AMFRICNN 11•1111L111 OF ARC:Milt-P., 171; Npiv 104 AVE , IN,O.„NVA,SHINK.TON 1).C, Xpifir, A312-1984 2 711IRD PRINTING• MARC,H 1.-Ai Bond # 354-031-458 able to sureties as a defense in the jurisdiction 01 the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled. re 10 Notice to the Surely.the Owner or the Contractor shall duced by all valid and proper payments made in or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract, 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: Ilieagreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig. the construction was to be performed,any provision in this nature page, including all Contra I Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted hereirom and provisions con- mulling in such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, he deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms rat the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments ther eof. have been made, including allowance to the Con. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None (Space is provided below for additional signatures (il added parties, other than those appearing on the (over page.] CONTRAC I OR AS PRINCIPAL SURI- Com pany: iCorporate Seal' Company ',Corporate Sealt Signature: Signature: Name and Title: Name and Title: Address: Address AtA efocumpli A312• PrkroRmarscr BOND,'S.ND PAYMLNI BoNn -ma:n.1604 1-#1 ID. •NO. tilt ANALRICAN 1%S111Ult 01. ARC HITECIS 17I-;Nt\V 5010.Mt. N.W ).4.44StI19(.ION. 1).( . ?MN, A312-1954 3 THIRD rfor.oisc,•kaAtirci-i vg(87 Bond# 354-031-458 THE AMERICAN INSTITUTE OF ARCHITECTS AM Document 4312 Payment Bond Any ..anptiar wit-cense to Contracto, Surety Ossner or °illy!. parts ...hall ht (onsaclorecl plural her appht able. CON'RACT OR (Name and Address,: SURETY (Name and Principal Plat e uf Businessr Wood Sewer&Excavating, Inc. Liberty Mutual Insurance Company 175 Berkeley St E9238 Cty Rd X New London, WI 54961 Boston,MA 02116 OWNER (Name and Adcire“): City of Oshkosh 215 Church Ave P.O. Box 1130 Oshkosh, WI 54901 CONSTRUCTION CON1RAC1 Date:August 14, 2013 Amount $740,768.82 Seven Hundred Forty Thousand Seven Hundred Sixty-Eight Dollars and 82/100 Description (Name and location) Sanitary Manhole Rehabilitation/Inflow Reduction Program Public Works Contract No. 13-11 BOND Date tNot earlier than Construction Contract Datei.August 22,2013 Amount: $740,768.82 Seven Hundred Forty Thousand Seven Hundred Sixty-Eight Dollars and 82/100 Modifications to this Bond: X None See Page 6 CONTRACT OR AS PRINCIPAL SURETY Company: (Corporate Seal( Compan‘: (Corporate Seali Wood Sewer& Excavati 0, Inc. Liberty Mutual Insurance Company Signature: signature: Name and Tide. Gr . . 1/1/00d Name and Title: ireident Robert Downey iAny additional signatures appear on page 6) Attorney-in-Fact (1 UR 1NIORMADON V—Name, Address and Telephone t ANT or BROKFR: owrsaR's RLPRESLNIAI lV (Architect. Engineer or J.Ryan Bonding, Inc. other pa rty):Owner P.O. Box 465 Hudson, WI 54016 (715)377-8230 AEA DOCUMENT A3T2• PERFORKiv,CE 110■T) AND PkV%11•0- aura)• on.imBur eim Eft • AIA • iEEE AMFRII(AN INSIllt;It 01- 1;11 NiW YORK W WASHINCION 0 C tM, A312-1984 4 1HIKU PKIN I r,•("r,•MARCH 14A7 . . Bond# 354-031-458 1 11w Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators. Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor. Surety's expense take the following actions materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant, with a copy to mance of the Construction Contract, which is incorpo rated herein by reference the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed dud the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts for all sums due Claimants, and 7 the Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,arid the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under rushed for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified rnance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond By described in Paragraph 12) ot any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's poor 3 With respect to Claimants, this obligation shall he itv to use the funds for the completion of the work null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 I he Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- 4 The Surety shall have no obligation to Claimants ed to the Construction Contract The Owner shall not be under this Bond until: liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or . Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy; the amount of the claim including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have turnished written notice to the Con- 11 No suit or action shall he commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- i the owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date Mon which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for vials or equipment were furnished by anyone under the(on, whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly: and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a ropy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con Owner to the Contractor or to the Surety, that is suffi, forming to such statutory or other legal requirement shall (lent compliance, he deemed incorporated herein The intent is that this AIA 1.)0CUMILN II A712*PIRFORMANCt BONO ANL)VAN ME■Il BONO.OECEMBER'`RI-1 ED •...IA" Ili( AM[RIC,AN iNSIIIIJI I of AMA-MK-TS 173)!sr.'s YOU.; AVI s v,, SA ANIIINGlOn. 0< :10)6 A312-1984 5 i r 11R1)NUN I INC • MARCH 14117 Bond# 354-031-458 Bond shall be construed as a statutory bond and not dS a Construction Contract, architectural and engineering common law bond. services required for performance ot the work of the Contractor and the Contractor's subcontractors. and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made, 15.2 Construction Contract: I he agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity haying a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor ot changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con- intent of this Bond shall he to include without limita- tractor as required by the Construction Contract or to lion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal, Signature: Signature; Name and Title; Name and Title: Address: Address: ALA DQCUPAENT A.112• PIKEOLLMANCE fLOND AND PAYMENT BOND•DEC EMMET PIM ED.,•ALA Ls i'LLF AMERICAN INSTffliff Of ARCHITECTS. las NEW YORK Avt.„ iv W. wASHiNCTON, D C.210)6 A312-1984 6 _____ . < " THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.6093134 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, CHRIS M.STEINAGEL;CHRISTOPHER M.KEMP;CONNIE SMITH;MICHAEL J.DOUGLAS;ROBERT DOWNEY all of the city of HUDSON ,state of WI each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of April 2013 , >' American Fire and Casualty Company -a �� • ,,° �� The Ohio Casualty Insurance Company N w > ,, Liberty Mutual Insurance Company d a j ) ( • t West American Insurance Company y. > RId; � v B Gregory .Davenport,Assistant Secretary C 2 C STATE OF WASHINGTON ss R 4:1 COUNTY OF KING C - O dOn this 24th day of April , 2013,before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American 0 0 Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, aO>W O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C w > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. O o �� F�L� C rn By. O i KD Riley,Not Public 1..c j! . O E a Ths Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance u)a 6.; Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: C 9 iARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject p C m to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, >a O C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective :5 E 4i powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so —,,, a G executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >- 4 '- the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. d d U ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E > d and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, i cs p ..- seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their c a Z 0 respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v C executed such instruments shall be as binding as if signed by the president and attested by the secretary. O CL Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company, authorizes Gregory W.Davenport,Assistant Secretary to appoint such F-1- attorneys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing i�ltrue and corn ct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. (b rt 3 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 /7 �.. David M.Carey,Assistant Secretary,,,,, ,,,„ r 4 LMS_12873_092012