HomeMy WebLinkAbout13-18 Lunda Construction/Boatworks/Riverwalk 2014 STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
Second Partial Award
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, 2nd 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
ADD 2nd Partial Award (Resolution No. 14-79)
Item B3 Elevated Bridge Approach/West $326,166.00
Item Alt. 1 Demolition of Former Marina Structures $164,688.00
Item Alt. 5 Coconut COIR Logs & Riprap $ 57,000.00
Total Addition $547,854.00
TOTAL REVISED CONTRACT $1,621,118.00
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.
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.
E.ICDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright c%2007 National Society of Professional Engineers for EJCDC.All rights reserved.
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4.02 Dales for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before October 1, 2015, and completed and
ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or
before January 1, 2016.
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 preceding the actual loss suffered by Owner if the Work is
not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor
agree that as liquidated damages for delay(but not as a penalty), Contractor shall pay Owner 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 (Original Contract)
B. Bid item B3 Elevated Bridge Approach/West, Lump Bid Sum, a sum of: $326,166.00
C. Bid Item Alt. 1, Demolition of Former Marina Structures, Lump Bid Sum, a sum of
$164,688.00
D. Bid Item AIt.5, Coconut COIR Logs& Riprap, Unit Rate, a Sum of: $57,000
The Bid prices for Lump Sum/Unit Price Work set forth as of the Effective Date of the
Agreement are based on bid set project plans and specifications.
E. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright(c_`)2007 National Society of Professional Engineers for E.JCDC.All rights reserved.
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ARTICLE 6— PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment 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.I 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.
F..ICDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright,c:2007 National Society of Professional Engineers for EJCUC.All rights reserved.
Page 3 of 8
ARTICLE 8— CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related
data identified in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (I) 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.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright(c,2007 National Society of Professional Engineers for EJCDC.All rights reserved.
Page 4 of 8
ARTICLE 9—CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement(pages 1 to 8, inclusive).
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-I 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.
FJCDC 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.
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A. There are no Contract Documents other than those listed above in this Article 9.
13. The Contract Documents may only be amended, modified, or supplemented as provided in
Paragraph 3.04 of the General Conditions.
ARTICLE 10— MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the
Supplementary Conditions.
1 0.02 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 hound: 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:
EJCDC('-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
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;
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
FJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright c 2007 National Society of Professional Engineers for EJCDC.All rights reserved.
Page 7 of S
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 March 10, 2014 (which is the Effective Date of the Agreement).
OWNER: [ CONTRACTOR:
oSFl KOS h Lunda Construction nstructiBy .-- 13b'44
itiao
bit ) 1 Title: Division Manager bit a �t Inc r 3 , 6. C�r k (If Contractor is a corporation, a partnership,
or a joint venture, attach evidence of authority
C`,+) of Qs11(caS 6tk-(orthe 4 rdD to sign.
Attest: /i4sLawri Attest:
ti- ,,s E rt, r�; r G'(a r
1< Administrative Assistan
�.� Title:
Address for giving notices: Address for giving notices:
/S ('I\ut Oil Ave 2000 Taylor Street
f<\Ktj�h L,03-- J 6HO1 PO Box 228
Little Chute, WI 54140-0228
License No.: 1106358
(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.)
APPROVED
I hereby certity that tile necessary provisions
have been made to pay the iiability which will
f►L�I. _� accrue under this contract.
CITY AT_OP72"1""
HKOSH,WISCONSIN Y� 1 I( a0�� `CI
•
Pta-i -x/k . City omptroller
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
Director, Larry Lunda
AFFIX CORPORATE SEAL HERE
Director, Carl . Holmquist
e• or, Ric ' S. Slifka
-ct•r, Tom Braun
Di ector, Jo Quist
L . LIZ
Director, D nnis elflike
D • , Thomas E. Lister
•
Bond No. 106041927
RIDER
To be attached to and form a part of Performance and Payment Bond, No. 106041927
dated the 24th day of January ,2014 issued by
Travelers Casualty and Surety Company of America as Surety, on behalf of
Lunda Construction Company ,as Principal,
in the penal sum of One Million Seventy Three Thousand Two Hundred Sixty Four and 00/100
Dollars($ 1,073,264.00 ),and in favor of City of Oshkosh,WI
In consideration of the premium charged for the attached bond,it is hereby agreed that the attached bond be amended as
follows:
Bond Amount Increased an additional$547,854.00
Total New Bond Value:$1,621,118.00
Provided,However,that the attached bond shall be subject to all its agreements,limitations and conditions except as
herein expressly modified,and further that the liability of the Surety under the attached bond and the attached bond as
amended by this rider shall not be cumulative.
This rider shall become effective as of the_10th day of March 2014
Signed,sealed and dated this 10th day of March 2014
Lunda Construction Company
ATTEST: B f n
(`..,A PRINCIPAL Daniel R Oudenhoven Division Manager
Travelers Casualty and Surety Company of America
By -
J n M.Feeney ,Attorney-in-Fact
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
,Ak 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. 0 0 5 5 8 17 1.4
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
G/SUA,+ E
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�LOSPORA t-m I O m ATp s ^WCd�RAtED � Acm c�i ;zt CO n€ a HARTFORD ^^ I t u 1982 0 z f y 1951 SEAL CONN•
> \- v 1 i '4)7 Aw�� n
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State of Connecticut By:
City of Hartford ss. Robert L.Raney, enior Vice President
31
On this the st 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.
IONIn Witness Whereof,I hereunto set my hand and official seal. "TAA C V
st
My Commission expires the 30th day of June,2016. * 00Blto * Marie C.Tetreault_Notary Public
c;ft elf,
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
I• e• or, Ric S. Slifka
i. ct:r, Tom Braun
fir
Di ector, Jo Quist
• L . *KA
Director, D-s nnis ;ehnke
D • , Thomas E. Lister