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HomeMy WebLinkAboutLunda Construction Boat Works STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT(STIPULATED PRICE) THIS AGREEMENT is by and between City of Oshkosh ("Owner")and Lunda Construction Company ("Contractor"). Owner and Contractor 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: City Contract 13-18: Boat Works Property Riverwalk, Partial Award 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: City Contract 13-18, RES No., 14-06: Boat Works Property Riverwalk Partial Award Item B1 Bridge Spans, $1,073,264.00 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. 3.02 The Owner has performed the electrical, communications, and lighting design plans as shown on the Construction Drawings and described in the Specifications. 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, 2014, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before January 1, 2015. 4.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration 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, and 5.01.0 below: A. Bid Item B1, Bridge Spans, Lump Bid Sum, a sum of: $1,073,264.00 The Bid prices for Lump Sum Work set forth as of the Effective Date of the Agreement are based on bid set project plans and specifications. 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, 100.45, 2013 City Standard Specifications, in accordance with Paragraph 14.02 of the General Conditions. a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 10 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7—INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate 1%per month. 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.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 610-1 to 610- 3, inclusive). 3. Payment bond(pages 615-1 to 615-3, inclusive). 4. Certificate of Insurance (Contractors Insurance with Property Insurance Requirements listing AECOM as additional insured). 5. General Conditions(pages 700-1 to 700-63, inclusive). 6. Supplementary Conditions(pages 800-1, and 810-1 to 810-14, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of 64 sheets with each sheet bearing the following general title: River Walk Expansion, Boat Works Property Segment, Issued for Bid dated 9/05/13. 9. Addenda(numbers 1 to 3, inclusive). 10. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid (pages 1 to 9, inclusive). b. Notice of Award(pates 520-1). 11. 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 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. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: City of�Oshkosh� Lunda Construction Company By: --- ---J� 'e"/`� B-c` 4Ute 4C1416,10-e," Title: Mark A. Rohloff,City Manager Title: Division Manager (If Contractor is a corporation, a partnership, or a join •-nture,attach evidence of aut .rity to sig ; c Attest: tee' �11� - Attes,• I . r/ ✓,g 41 Title: Pamela R. Ubrig, CityClerk , Title: Administrative Assis ant Address for giving notices: Address for giving notices: 215 Church Ave., PO Box1130 2000 Taylor Street Oshkosh, WI 54901 PO Box 228 Little Chute, WI 54140-0228 License No.: (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.) P P O E I hereby certify that the necessary provisions have been made tc pay the liability which will ■ acc e under this contract. •�� c:aH:<o H, ISCoNS *Si, � el Comptroller 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 LUNDA CONSTRUCTION COMPANY BOARD OF DIRECTORS RESOLUTION: Authority to bind contracts: Power of Attorney DATE: July 23, 2004 Wherein, the.Board of Directors held a Special Meeting to discuss the authority to bind the company to contracts. Wherefore, a discussion was held regarding the necessity of granting authority to several management employees of the company to bind the company to contracts and be authorized to sign company documents. RESOLVED: Unanimous decision of the Board of Directors hereby grants authority to and empowers any one of the following employees to sign for and on behalf of Lunda Construction Company, documents such as bid bonds, proposals for bidding, and awarded contracts. Director: Larry Lunda, President Director: Carl W. Holmquist, Secretary/Treasurer Director: Richard S. Slifka Director Tom R. Braun Director Joseph A. Quist Dennis L. Behnke Christian Fox Michael D. Hanson Daniel R. Oudenhoven Richard E. Rust Gtr „4„,e Director, Larry Lunda AFFIX CORPORATE SEAL HERE Director, Carl 4 Holmquist e or, Ric S. Slifka /AU o i v-ct•r, Tom Braun Di ector, Jo Quist D.._ L . �.., Director, D-nnis ;ehnke �s D s • , Thomas E. Lister EJc ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE. PERFORMANCE BOND Bond No. 106041927 CONTRACTOR(name and address): SURETY(name and address of principal place of Lunda Construction Company business): 620 Gebhardt Road,P.O.Box 669 Travelers Casualty and Surety Company of America Black River Falls,WI 54615 One Tower Square Hartford,CT 06183 ( . OWNER(name and address): City of Oshkosh 215 Church Street Oshkosh,WI 54903 CONSTRUCTION CONTRACT Effective Date of the Agreement: January 24,2014 Amount One Million Seventy Three Thousand Two Hundred Sixty Four and 00/100($1,073,264.00) Description: City Contract 13-18:Boat Works Property Riverwalk BOND Bond Number: 106041927 Date(not earlier than the Effective Date of the Agreement of the Construction Contract):January 24,2014 Amount:One Million Seventy Three Thousand Two Hundred Sixty Four and 00/100 ($1,073,264.00) Modifications to this Bond Form: EiNone Epee Paragraph 16 Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Lunda Construction Company (seal) Travelers Casualty and Surety Company of America (seal) ConIactor's Name and Corporate Seal Surety's Name and Corporate Seal '- 3-1.6 ,C By: = Signature Sig ture(attach power of atto ey) Daniel R. Oudenhoven Jean M.Feeney Print Name Print Name Divis n Manager Attorney-in-fact Title Title• Attes • kl„t / Attest: ?J kA) ( Jar Signature Signature Administrative Assistant Nicole Roy,witness Title Title Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. EJCDC C-610—Performance Bond Publihed December 2010 by the Engineers Joint Contract Documents Committee. Page 1 • 1. The Contractor and Surety, jointly and severally, bind arrange for a contract to be prepared for execution by the themselves, their heirs, executors, administrators, successors, Owner and a contractor selected with the Owners and assigns to the Owner for the performance of the concurrence,to be secured with performance and payment Construction Contract, which is incorporated herein by bonds executed by a qualified surety equivalent to the reference. bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 2. If the Contractor performs the Construction Contract, the 7 in excess of the Balance of the Contract Price incurred by Surety and the Contractor shall have no obligation under this the Owner as a result of the Contractor Default;or Bond, except when applicable to participate in a conference as provided in Paragraph 3. 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with 3. if there is no Owner Default under the Construction reasonable promptness under the circumstances: Contract, the Surety's obligation under this Bond shall arise after. 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as 3.1 The Owner first provides notice to the Contractor practicable after the amount is determined, make and the Surety that the Owner is considering dedaring a payment to the Owner;or Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, 5.4.2 Deny liability in whole or in part and notify the Contractor, and Surety to discuss the Contractor's Owner,citing the reasons for denial. performance. If the Owner does not request a conference, the Surety may,within five(5)business days after receipt of 6. If the Surety does not proceed as provided in Paragraph 5 the Owner's notice, request such a conference. If the with reasonable promptness,the Surety shall be deemed to be Surety timely requests a conference, the Owner shall in default on this Bond seven days after receipt of an additional attend. Unless the Owner agrees otherwise, any written notice from the Owner to the Surety demanding that the conference requested under this Paragraph 3.1 shall be Surety perform its obligations under this Bond, and the Owner held within ten(10)business days of the Surety's receipt of shall be entitled to enforce any remedy available to the Owner. the Owners notice. If the Owner, the Contractor, and the If the Surety proceeds as provided in Paragraph 5.4, and the Surety agree,the Contractor shall be allowed a reasonable Owner refuses the payment or the Surety has denied liability,in time to perform the Construction Contract, but such an whole or in part, without further notice the Owner shall be agreement shall not waive the Owner's right, if any, entitled to enforce any remedy available to the Owner. subsequently to dedare a Contractor Default; 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, 3.2 The Owner dedares a Contractor Default, then the responsibilities of the Surety to the Owner shall not be terminates the Construction Contract and notifies the greater than those of the Contractor under the Construction Surety;and Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the 3.3 The Owner has agreed to pay the Balance of the Construction Contract Subject to the commitment by the Contract Price in accordance with the terms of the Owner to pay the Balance of the Contract Price, the Surety is Construction Contract to the Surety or to a contractor obligated,without duplication for selected to perform the Construction Contract. 7.1 the responsibilities of the Contractor for correction 4. Failure on the part of the Owner to comply with the notice of defective work and completion of the Construction requirement in Paragraph 3.1 shall not constitute a failure to Contract; comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the 7.2 additional legal, design professional, and delay Surety demonstrates actual prejudice. costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under 5. When the Owner has satisfied the conditions of Paragraph Paragraph 5;and 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages 5.1 Arrange for the Contractor,with the consent of the caused by delayed performance or non-performance of the Owner,to perform and complete the Construction Contract; Contractor. 5.2 Undertake to perform and complete the 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, Construction Contract itself, through its agents or the Surety's liability is limited to the amount of this Bond. independent contractors; 9. The Surety shall not be liable to the Owner or others for 5.3 Obtain bids or negotiated proposals from qualified obligations of the Contractor that are unrelated to the contractors acceptable to the Owner for a contract for Construction Contract, and the Balance of the Contract Price performance and completion of the Construction Contract, shall not be reduced or set off on account of any such unrelated EJCDC C-610—Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 • obligations. No right of action shall accrue on this Bond to any settlement of insurance or other daims for damages to person or entity other than the Owner or its heirs, executors, which the Contractor is entitled, reduced by all valid and administrators,successors,and assigns. proper payments made to or on behalf of the Contractor under the Construction Contract. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related 14.2 Construction Contract: The agreement between subcontracts,purchase orders,and other obligations. the Owner and Contractor identified on the cover page, induding all Contract Documents and changes made to the 11. Any proceeding,legal or equitable,under this Bond may be agreement and the Contract Documents. instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be 14.3 Contractor Default Failure of the Contractor, instituted within two years after a declaration of Contractor which has not been remedied or waived, to perform or Default or within two years after the Contractor ceased working otherwise to comply with a material term of the or within two years after the Surety refuses or fails to perform its Construction Contract. obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the 14.4 Owner Default: Failure of the Owner, which has minimum periods of limitations available to sureties as a not been remedied or waived, to pay the Contractor as defense in the jurisdiction of the suit shall be applicable. required under the Construction Contract or to perform and complete or comply with the other material terms of the 12. Notice to the Surety,the Owner, or the Contractor shall be Construction Contract. mailed or delivered to the address shown on the page on which their signature appears. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and 13. When this Bond has been furnished to comply with a Contractor. statutory or other legal requirement in the location where the construction was to be performed, any provision in this. Bond 15. If this Bond is issued for an agreement between a conflicting with said statutory or legal requirement shall be contractor and subcontractor, the term Contractor in this Bond deemed deleted herefrom and provisions conforming to such shall be deemed to be Subcontractor and the term Owner shall statutory or other legal requirement shall be deemed be deemed to be Contractor. incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a 16. Modifications to this Bond are as follows: common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in EJCDC C-610—Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 ENGINEERS JOINT CONTRACT Bond No. 106041927 DOCUMENTS COMMITTEE PAYMENT BOND CONTRACTOR(name and address): SURETY(name and address of principal place of Lunda Construction Company business): 620 Gebhardt Road,P.O.Box 669 Travelers Casualty and Surety Company of America Black River Falls,WI 54615 One Tower Square Hartford,CT 06183 OWNER(name and address): City of Oshkosh 215 Church Avenue,Oshkosh,WI 54903 CONSTRUCTION CONTRACT Effective Date of the Agreement: January 24,2014 Amount One Million Seventy Three Thousand Two Hundred Sixty Four and 00/100 ($1,073,264.00) Description: City Contract 13-18:Boat Works Property Riverwalk BOND Bond Number 106041927 Date(not earlier than the Effective Date of the Agreement of the Construction Contract):January 24,2014 Amount One Million Seventy Three Thousand Two Hundred Sixty Four and 00/100 ($1,073,264.00) Modifications to this Bond Form: None OSee Paragraph 18 Surety and Contractor,intending to be legally bound hereby, subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Lunda Construction Company (seal) Travelers Casualty and Surety Company of America (Seal) ontractor's Name and Corporate Seal Surety's Name and Corporate Seal e# AC n 0/$1 By: lIV►. �z Signature Si ature(attach power of attorney) rsiel_ R. Oudenhoven Jean M.Feeney Print Name Print Name Division Manager Attorney-in-fact \ Title 4'1")/ Attest: A Vl ({ Attest: Signature d Signature Administrative Assistant Nicole Roy,Witness Title Title Notes: (1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. EJCDC C-615,Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 • 6. If a notice of non-payment required by Paragraph 1. The Contractor and Surety,jointly and severally, bind 5.1.1 is given by the Owner to the Contractor, that is themselves, their heirs, executors, administrators, sufficient to satisfy a Claimants obligation to furnish a successors, and assigns to the Owner to pay for written notice of non-payment under Paragraph 5.1.1. labor, materials, and equipment furnished for use in the performance of the Construction Contract, which 7. When a Claimant has satisfied the conditions of is incorporated herein by reference, subject to the Paragraph 5.1 or 5.2, whichever is applicable, the following terms. Surety shall promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and 7.1 Send an answer to the Claimant,with a copy to holds harmless the Owner from claims, demands, the Owner, within sixty (60) days after receipt liens, or suits by any person or entity seeking of the Claim, stating the amounts that are payment for labor, materials, or equipment furnished undisputed and the basis for challenging any for use in the performance of the Construction amounts that are disputed;and Contract, then the Surety and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under 7,3 The Surety's failure to discharge its obligations this Bond shall arise after the Owner has promptly under Paragraph 7.1 or 7.2 shall not be notified the Contractor and the Surety(at the address deemed to constitute a waiver of defenses the described in Paragraph 13)of claims,demands, liens, Surety or Contractor may have or acquire as to or suits against the Owner or the Owner's property by a Claim, except as to undisputed amounts for any person or entity seeking payment for labor, which the Surety and Claimant have reached materials, or equipment furnished for use in the agreement. If, however, the Surety fails to performance of the Construction Contract, and discharge its obligations under Paragraph 7.1 tendered defense of such claims, demands, liens, or or 7.2,the Surety shall indemnify the Claimant suits to the Contractor and the Surety. for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to 4. When the Owner has satisfied the conditions in be due and owing to the Claimant. Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold 8. The Surety's total obligation shall not exceed the harmless the Owner against a duly tendered claim, amount of this Bond, plus the amount of reasonable demand,lien,or suit attorney's fees provided under Paragraph 7.3,and the amount of this Bond shall be credited for any 5. The Surety's obligations to a Claimant under this payments made in good faith by the Surety. Bond shall arise after the following: 9. Amounts owed by the Owner to the Contractor under 5.1 Claimants who do not have a direct contract the Construction Contract shall be used for the with the Contractor, performance of the Construction Contract and to satisfy claims, if any, under any construction 5.1.1 have furnished a written notice of non- performance bond. By the Contractor furnishing and payment to the Contractor, stating with the Owner accepting this Bond, they agree that all substantial accuracy the amount funds earned by the Contractor in the performance of claimed and the name of the party to the Construction Contract are dedicated to satisfy whom the materials were, or obligations of the Contractor and Surety under this equipment was, furnished or supplied Bond, subject to the Owner's priority to use the funds or for whom the labor was done or for the completion of the work. performed,within ninety(90)days after having last performed labor or last 10. The Surety shall not be liable to the Owner, furnished materials or equipment Claimants, or others for obligations of the Contractor included in the Claim;and that are unrelated to the Construction Contract The Owner shall not be liable for the payment of any costs 5.1.2 have sent a Claim to the Surety(at the or expenses of any Claimant under this Bond, and address described in Paragraph 13). shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants,or 5.2 Claimants who are employed by or have a otherwise have any obligations to Claimants under direct contract with the Contractor have sent a this Bond. Claim to the Surety (at the address described in Paragraph 13). 11. The Surety hereby waives notice of any change, including changes of time, to the Construction EJCDC C-615,Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 i . Contract or to related subcontracts, purchase orders, 8. The total amount due and unpaid to the and other obligations. Claimant for labor,materials,or equipment furnished as of the date of the Claim. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent 16.2 Claimant: An individual or entity having a jurisdiction in the state in which the project that is the direct contract with the Contractor or with a subject of the Construction Contract is located or after subcontractor of the Contractor to furnish labor, the expiration of one year from the date(1)on which materials, or equipment for use in the the Claimant sent a Claim to the Surety pursuant to performance of the Construction Contract.The Paragraph 5.1.2 or 5.2, or(2)on which the last labor term Claimant also includes any individual or or service was performed by anyone or the last entity that has rightfully asserted a claim under materials or equipment were furnished by anyone an applicable mechanic's lien or similar statute under the Construction Contract, whichever of(1) or against the real property upon which the (2)first occurs. If the provisions of this paragraph are Project is located.The intent of this Bond shall void or prohibited by law, the minimum period of be to include without limitation in the terms of limitation available to sureties as a defense in the labor,materials,or equipment"that part of the i jurisdiction of the suit shall be applicable. water, gas, power, light, heat, oil, gasoline, telephone service,or rental equipment used in 13. Notice and Claims to the Surety, the Owner, or the the Construction Contract, architectural and Contractor shall be mailed or delivered to the address engineering services required for performance shown on the page on which their signature appears. of the work of the Contractor and the Actual receipt of notice or Claims, however Contractor's subcontractors,and all other items accomplished,shall be sufficient compliance as of the for which a mechanic's lien may be asserted in date received. the jurisdiction where the labor, materials, or equipment were furnished. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location 16.3 Construction Contract: The agreement where the construction was to be performed, any between the Owner and Contractor identified provision in this Bond conflicting with said statutory or on the cover page, including all Contract legal requirement shall be deemed deleted herefrom Documents and all changes made to the and provisions conforming to such statutory or other agreement and the Contract Documents. legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this 16.4 Owner Default Failure of the Owner, which Bond shall be construed as a statutory bond and not has not been remedied or waived, to pay the as a common law bond. Contractor as required under the Construction Contract or to perform and complete or comply 15. Upon requests by any person or entity appearing to with the other material terms of the be a potential beneficiary of this Bond,the Contractor Construction Contract. and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner 16. Definitions and Contractor. 16.1 Claim: A written statement by the Claimant 17. If this Bond is issued for an agreement between a including at a minimum: contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and 1. The name of the Claimant; the term Owner shall be deemed to be Contractor. 2. The name of the person for whom the labor was done,or materials or equipment 18. Modifications to this Bond are as follows: furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant;and EJCDC C-615,Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Alb. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 226979 Certificate No. O O 5 5 8 1 6 0 4 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Michael J.Cusack,John J.Gambino,Nicole Roy,Natalie Coneys,Donald H.McCarter,Sandra C.Lopes,Jean M.Feeney,and Nicholas Labbe of the City of Boston ,State of Massachusetts ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 31St day of July 2013 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company r,su 7Y 'stvn .3 ��RE�'n, .,. .. ...,,,, „Ww. G ^ �� P�\`F 4 wss Y>,W �NSG .aY INS�q pTY/447.0.\\,,,, SUR .,`TY _y;nom , �,em..� O::........9 J 9'`: J aW„lTY�y YT' O5 _Yt 0 6 "`WCOnpoRAttD f6'411k,'m£ t""aA>e,r, 1„1-epeoFIA,On% P l� G � 0 19s z 0 t 1977 1„ awe �, _ :m _._ ` , �. 3 I: .n: a HARTFORD, FNRTFO�- a� 1d`nr +a yy, ,,,NS� oE= �bSEAG,o'i >>dSEALD3°° CONN. ; CovN. `� 1896 r 1951 - t �i m„�r+cu !S AN`I� Vi...:,..t.rq �e� 6 , r v9 �t'1 AIN s / ' State of Connecticut By: City of Hartford ss. Robert L.Raney.eior Vice President On this the 31st day of July 2013 ,before me personally appeared Robert L.Raney.who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do.executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TET In Witness Whereof,I hereunto set my hand and official seal. W w� 1. My Commission expires the 30th day of June,2016. * ftet.0 * Marie C.Tetreault.Notary Public NV cIS 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER LUNDA CONSTRUCTION COMPANY BOARD OF DIRECTORS RESOLUTION: Authority to bind contracts: Power of Attorney DATE: July 23, 2004 Wherein, the.Board of Directors held a Special Meeting to discuss the authority to bind the company to contracts. Wherefore, a discussion was held regarding the necessity of granting authority to several management employees of the company to bind the company to contracts and be authorized to sign company documents. RESOLVED: Unanimous decision of the Board of Directors hereby grants authority to and empowers any one of the following employees to sign for and on behalf of Lunda Construction Company, documents such as bid bonds, proposals for bidding, and awarded contracts. Director: Larry. Lunda, President Director: Carl W. Holmquist, Secretary/Treasurer Director: Richard S. Slifka Director Tom R. Braun Director Joseph A. Quist Dennis L. Behnke Christian Fox Michael D. Hanson Daniel R. Oudenhoven Richard E. Rust Director, Larry Lunda AFFIX CORPORATE SEAL HERE Director, Carl Holmquist e• or, Ric S. Slifka ct.r, Tom Braun Di ector, Jo Quist LU L Director, D-nnis ;ehnke �s D • , Thomas E. Lister CO CERTIFICATE OF LIABILITY INSURANCE 1/2DATE 2/2014 Der) ACORD® THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Alliant Insurance Services, Inc. (NCC.N o.Ext1:213-443-2440 FAX No): 333 South Hope Street,Suite 3750 E-MAIL Los Angeles CA 90071 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Zurich Insurance Co 40142 INSURED INSURER B:Zurich American Insurance Company 16535 Lunda Construction Company INSURER c ACE Property&Casualty Insurance C 20699 620 Gebhardt Road INSURER D:American Zurich Insurance Company 40142 P.O. Box 669 Black River Falls WI 54615 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1363263103 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL S POLICY EFF POLICY EXP LTR TYPE OF INSURANCE N W SR VD POLICY NUMBER (MM/DD/YYYY) (MMIDDIYYYY) LIMITS B GENERAL LIABILITY GL0654236302 5/31/2013 5/31/2014 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 POLICY X PRO- X LOC $ B AUTOMOBILE LIABILITY BAP654236202 5/31/2013 5/31/2014 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE - $ HIRED AUTOS AUTOS (Per accident) C X UMBRELLA LIAB X i OCCUR X00027042090 5/31/2013 5/31/2014 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$N/A $ A WORKERS COMPENSATION WC654236504(EXCEPT WI) 5/31/2013 5/31/2014 X TORY LIMITS OTH- D D AND EMPLOYERS'LIABILITY Y/N WC0980600403(WI) 5/31/2013 5/31/2014 ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: CONTRACT 13-18: BOAT WORKS PROPERTY RIVERWALK City of Oshkosh, and its officers, council members, agents,employees and authorized volunteers and AECOM Technical Services Inc are inclued as Additional Insureds as respects Liability arising out of operations(work)performed by or on behalf of the Named Insured. Thirty (30)Days Notice of Cancellation/Non-Renewal-Ten(10)Days Notice for Non-Payment of Premium. USL&H included(if necessary)as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue Oshkosh WI 54903 AUTHORIZED REPR TATIVE ©1988- 10 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD DATE(MMIDDIYYYY) AC EVIDENCE OF PROPERTY INSURANCE ��. 01/23/2014 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE COMPANY Alliant Insurance Services,Inc(A/C.No.Ext): 333 S.Hope Street,Suite 3750 Lexington Insurance Company Los Angeles,CA 90071 777 So.Figueroa Street Los Angeles,CA 90017 FAX E-MAIL (A/C,No): ADDRESS: CODE: SUB CODE: AGENCY CUSTOMER ID#: INSURED LOAN NUMBER POLICY NUMBER Lunda Construction Company 64588717 2000 Taylor Street EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL Little Chute,WI 54140-0228 02/01/2014 11/01/2014 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Project Name:Contract 13-18,Boat Works Property Riverwalk Project Location:Michigan Street,Oshkosh,Wisconsin 54901 Job Scope:(2)Bridge spans 370 LF,Elevated Bridge Approaches,Concrete reinforced Riverwalk.Alternate to include piling and dredging of existing marina. 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION COVERAGE/PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk Limits: Physical Damage $1,073,264 $250,000 In Transit $1,073,264 $250,000 Offsite Storage $1,073,264 $250,000 Flood $1,073,264 $250,000 min.;5% I I REMARKS(Including Special Conditions) The City f Oshkosh,City of Oshkosh Consultants,architects,architects consultants,engineers consultants,contractors,and subcontractors are included as named insureds as per written contract. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED City of Oshkosh LOSS PAYEE LOAN# 215 Church Avenue Oshkosh,WI 54903-1130 AUTHORIZED REPRESENTATIVE ACORD 27(2009/12) ©199 -2009 ACORD 1 PORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD