HomeMy WebLinkAboutLunda Construction/CHG OR 1/Boatworks Riverwalk • CHANGE ORDER NO. 1
TO: LUNDA CONSTRUCTION Date: September 9, 2014
2000 Taylor St
Little Chute, WI 54140
Your present Contract No 13-18 with the City of Oshkosh for construction of Riverwalk
improvements for the Boatworks Riverwalk project is hereby amended and changed as follows:
Bid Items Amount
Alt 5 Coconut COIR Logs & Rip Rap <55,700.00>
B 3 (RFQ #3) Elevated Bridge Approach East Side <$30,000.00>
RFQ 1 Lighting Revision $9,046.00
RFQ 2 Sanitary Sewer Abandonment 54,003.00
RfQ 4 Rest Room 5272,255.00
NET INCRfASE NCHANGE ORDER #1 S249,604.00
Original Partial Award Contract Amount 51,073,264.00
Second Partial Award Contract Amount S 547,854.00
Third Partial Award Contract Amount $ 392,055.00
S 2,013,173.00
INCREASE C.O. #1 S 249,604.00
Revised Contract Amount 52,262,777.00
RECOMME ED: CITY OF OSHKOSH
� � BY: �(.��--�/�c'`7'��f�.vv
Co munity Deve opment Director City Manager
City Clerk
I certify that provision has been made to
pay the liability that will accrue to the City
of Oshkosh, Wisconsin, under the within APPROVED AND ACCEPTED:
Change Order.
��� ��� � ,���:�
Finance Director Lunda Construction Inc.
A oved as to fo
ren o City orney
S"1'nNDARD FORM OF AGREEMEN'I'
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT(STIPULATED PRICE)
Third Partial Award
'I'l IISnGRGEMENT is by and between City of Oshkosh (`Owner")and
__ Lunda Construction Company ("Contrac;tor").
Owner and Contractor hereby agree as follows:
EJCDC G520 Suggested Form of Agreement Behveen Owner and Contractor for Consiruclion Coniract(Stipulated Price)
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ARTICLE 1—WORK
I.OI Contractor shall complete all Work as specitied or indicated in the Contract Documents. The
Work Added is generally described as follows:
City Contract 13-18: I3oat Works Property Riverwalk,3`d Partial Award
ARTICLE 2—THE PROJECT
2.01 The Vroject 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,RF,S No., 14-06:Boat Works Property Rivcrwalk
Partial Award
Item B 1 Bridge Spans, $1,073,264.00
2°d Partial Award(Resolution No. 14-79)
Item B3 F;levated Bridge Approach/East $ 326,166.00
Item Alt. I Demolition of H'ormer Marina Structures $ 164,688.00
Item Alt.5 Coconut COIR Logs&Riprap $ 57,000.00
Add 3`d Partial Award(Resolution No 14-409)
Item B2 Elevated Bridge Approach West Side) $ 300,741.00
item B4 AtGrade Riverwalk $ 91,314.00
Total Addition $ 392,055.00
TOTAL REVISED CONTRACT $2,013,173.00
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 Documcnts.
ARTICLE 4—CONTRACT TIMES
4.01 Time of the F,ssence
A. All time limits for Milestones,if any.Substantial Completion,and completion and readiness for
tinal payment as stated in the Contract Documents are of the cssence of the Contract.
4.02 Dates for Substantial('ompletion and Final Payment
A. 'I'he Work will be substantially completed on or before Junel l,2015,and completed and ready
for tinal payment in accordance with Paragraph 14.07 of the General Conditions on or before
Augustl,2015.
EJCDC G520 Su�gested Form of Agreemen[Between Owner nnd Contractor for Constrnction Contract(Sfipulated Price)
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4.02 I,iquidaled Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will sutler tinancial loss if the Work is not completed within the times specitied
in Paragraph 4.02 above,plus any extensions thereof allowed in acwrdance with Article 12 of
the General Conditions.'I'he parties also recognize the delays,expense,and difficultics involved
in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is
not complcted on time.Accordingly,instead o1'requiring any such proot:Owner and Contractor
agree that as liquidated damages for delay(but not as a penalty).Contractor shall pay Owner per
2013 Standard Specitications for City of Oshkosh, Wisconsin Section 100.45 for each day that
expires aftcr the time specitied 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 "1"ime or any proper
extension thereof granted by Owner. Contractor shall pay Owner per 2013 Standard
Specitications for City of Oshkosh,W isconsin Section 100.45 for each day that expires after the
time specitied in Paragraph 4.02 above for completion and readiness for tinal payment until the
Work is completed and ready tor tinal 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 S.OI.A.S.OI.F3,and S.OI.0 below:
A. 13id Item E31,Bridgc Spans,Lump Bid Sum,a sum of:$1,073.264.00(Original Contract)
B. Bid item B3 Elevated F3ridge Approach/East. Lump Bid Sum, a sum of: $326,166.00(Second
Partial Award)
C. Bid ltem Alt. l, Demolition of Former Marina Structures, Lump Qid Sum, a sum of
$164,688.00(Second Partial Award)
D. f3id Item AIt.S, Coconut COIR Logs & Riprap. Unit Rate, a Sum ot'. $57,000 (Second Partial
A�vard
E. Bid Item E32 Elevatcd Bridge Approach/West Lump Bid Sum, a sum of: $300,741.00(Third
Partial Award)
F. [3id Item B4 At Grade Kiverwalk [3id Sum,a sum of:�91,314.00(Third Partial Award)
"I'he F3id prices for Lump Sum/Unit Price Work set forth as of the Eftective Date of the
Agreement are based on bid set project plans and specifications.
EACDC G520 Sugges[ed Form of Agreemenl Belween(hvner and Contrnctor for Constniction Contrncl(Stipulated Price)
Copyrighl�O 2007 Nntionnl Society of Professional Engineers for E,ICDC.All righfs reserved.
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G. For all Work,at the prices statcd in Contractor's Bid,attached hereto as an exhibit.
ARTICLE 6—PAYMENT PROCEDURES
6.01 Subinittal and Processing of Pav�nents
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 Pczvments,- 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 Conterence during pertormance of the Work as provided in
Yaragraph 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
Pricc Work based on the number of units completed) or, in the event there is no schedule of
values,as provided in the General Requirements.
l. Prior to Substantial Completion,progress payments will be made in an amount equal to the
pereentage indicated below but, in each case, less the aggregate of payments previously
made and Iess such amounts as Engineer may determine or Owner may withhold,induding
but not limited to liquidated damages, 100.45. 2013 City Standard Specitications, in
accordance with Paragraph 14.02 of the General Conditions.
a. 95 percent ot�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 satistactory to Owner and Engineer, then as long as the character
and progress of the Work remain satistactory to Owner and Engineer,there will be no
additional rctainage;and
B. Upon Substantial Completion,Owner shall pay an amount sutticient 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 f�xnal Pavmen[
A. Upon tinal completion and acceptance of the Work in accordance with Paragraph 14.07 of the
General Conditions, Owner shall pay the remainder of the Contract Pricc as recommended by
F.ngineer as provided in said Varagraph 14.07.
F.JCDC G520 Suggested Form oC Agreement Behveen Owner nnd Contractor for Construclion Contraet(Stipulaled Price)
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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 I%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 relatcd
data identitied in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satistied as to the general, local,
and Site conditions that may at}ect 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 atiect cost,progress,and pertormance 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 Gnvironmental Conditions,
if any, at the Sitc that have been identified in Paragraph SC-4.06 of the Supplementary
Conditions as containing reliable°technical data."
E. Contractor has considered the intbrmation known to Contractor; intormation 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
identiticd in the Contract Documenls, with respect to the eftect of such information,
observations, and documents on (I) the cost, progress, and performance of the Work; (2)the
means, melhods, 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 safiety
precautions and programs.
F. Based on the information and observations referred to in Paragraph 8.Ol.E above, Contractor
does not consider that further examinations, investigations, explorations, tests, studies,or data
arc 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 Uocuments.
G. Contractor is aware ol�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.
EJCDC G520 Snggested Form of Agreemenf Between Owner nnd Contraetor for Construetion Contract(Sfipnlated Price)
Copyright�O 2007 Nationxl Society of Professional Engineers for EJCDC.All righte reserved.
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H. Contractor has given F,ngineer written notice of all contlicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
L The Contract Documents are generally suf�icient to indicate and convey understanding of all
terms and conditions tbr performance and fumishing of the Work.
ARTICLE 9—CONTRACT DOCUMENTS
9.01 ('ontents
A. The Contract Documents wnsist of the following:
l. This Agreement(pages 1 to 8,inclusive).
2. Performance bond(pages 610-I to 610-3,inclusive).
3. Payment bond(pagcs 615-I to 615-3,inclusive).
4. Certiticate 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. Specilications as listed in the table of wntents 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/OS/13.
9. Addenda(numbers 1 to 3,inclusive).
10. F,xhibits to this Agreement(enumerated as follows):
a. Contractor's I3id(pages 1 to 9,inclusive).
b. Notice of Award(pates 520-1).
1 l.The following �vhich may be delivered or issued on or after the Etfective Date of thc
Agreement and are not attached hereto:
a. Notice to Proceed
b. Work Change Directives.
c. Change Orders.
EJCDC G520 Sugges[ed Form of Agreement Befween Owner and Contrnctor for Construction Confrnct(Slipulnted Price)
Copyright�O 2007 Nntionnl Society of Pro(essional Engineers for EJCDC.All rights reserved.
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"I'he Contract documents are complcmentary;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 tirst enumerated
above shall govern over any other component part with follows it numerically except as may be
otherwise specitically stated.
A. There are no Contract Documents other than those listed above in this Article 9.
B. "I�he Contract Documents may only be amended, moditied, or supplemented as provided in
Paragraph 3.04 of the General Conditions.
ARTICLE 10—MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the
Supplementary Conditions.
10.02 Assignment of C'ontract
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 etiect of this restriction may
be limited by law), and unless specitically stated to the contrary in any written consent to an
assignmenl,no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
I 0.03 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 Severabilitv
A. Any provision or part of the Contract Documents held to be void or unenf'orceable 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 replacc 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 Cei�tifications
EJCDC C-520 Suggested F'orm of Agreement Between Owner nnd Contraetor for Consfruction ConMact(Stipulnted Price)
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A. Contractor certities that it has not engaged in corrupt, traudulent, collusive, or coercive
practices in competing tor or in executing the Contract. For the purposes of this Paragraph
10.05:
I. "corrupt practice" means the offering, giving, receiving,or soliciting of any thing of value
likcly to influence the action of a public otticial in the bidding process or in the Contract
erecution;
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 Ownec (b) to
establish f3id or Contract prices at artificial non-competitive levels,or(c)to deprive Owner
ot�the benefits of�frec 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 atlect the execution
of the Contract.
10.06 None
EJCDC G520 Suggested Form o(Agreement Between Owner nnd Confrnctor for Conshuction Contrnct(Sfipulxled Price)
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IN WI'I'NESS WHF,REOF'. 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
iden[iticd by Owner and Contractor or on their behalf:
'This Agreement will be eftective on Scptember 9,2014(which is the Et�ective Date of the Agreement).
OWNER:� d� ���� C�N�rRf��TUR: 'Comment[Al]:For the Crty we need signamre '
� _1/,�// � : lines for Mark A.Rohloff,City Manager,Pamela R. �-.
Ct�_- �T''�-"(."� da Construction COID 8I1 ', UbrigCityClerk
I —}/^--{�� Q �'�f�-- / i Trena vnll have to sign that sufficient azrangements
Qy� �(1� �- � � `� `l �.)'L�G�E`y��� ;have been made to pay the liabiliry and I have to '�..
`� �'�,approve form but we both have stamps wx can use �
Tlt�f;: � �' �/LQ�_�•� �'It�f;: D�V 1 S lOIl Mall$ge L' ''�. for our signatures,as long as there is space IeR for us����,
�'�..to stamp and sign '�
(If Contractor is a corporation,a partnership,
or a join enture,attach evidence of authority <
to sig J
`� .
Attest: ttes :
Title: ���r`� Cc T tle: Administrative As an
Address for giving notices: � ���'�� Address for giving notices:
IS � �rr,1'1 /'1�.'� 2000 Taylor Street
�sh Iws l�. c�L �y�o ( Po BoX 22a
Little Chute, WI 54140-0228
License No.:
(Where applicable)
Qf Owner is a corporation,attach evidence N07E TO USER: Use in those states or other
of authority to sign. Ifi Owner is a public body. lurisdictions where applicable or reguired.
attach evidence of'authority to sign and resolution Agent for service of process:
or other documents authorizing execution
of this Agreement.)
I hereby certify that the necessary provisions
have been made to pay the liability which will A���O���
accrue under this contract.
; �� ���
City Comptroller ,TY�T
Koar�,wiscor�'�M
EJCD('C-520 Suggested Form of Agreement Behveen Owner and Conlractor for Constrnction Contrnet(Stipulnted Price)
Copyright�O'2007 Netionxl Society of Professionnl Engineers for EJCDC.All righls reserved.
Page 9 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. Sliflca
Director Tom R. Braun
Director Joseph A. Quist
Dennis L. Behnke
Christian Fox
Michael D. Hanson
Daniel R. Oudenhoven
Richard E. Rust
,.G/r �-^-�c..cLr�
irector, Larry Lunda
AFFIX CORPORATE SEAL HERE �
Director, Cazl . Holmquist
,
' e or, Ric S. Slifka
i ct r, Tom Braun
Di ector, Jo Quist
• L �
Director, D nnis ehnke
D , Thomas E. Lister