HomeMy WebLinkAboutPW CON 14-27/Norcon Corp . �
CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5115 FAX (920)236-5106
LETTER OF TRANSMITTAL
To: Norcon Corporation Date: November 13, 2014
5600 Municipal Street Pro�ect: Contract No. 14-27
Schofield, WI 54476 From: Carol Marchant, Adm. Assistant
Re: Sedimentation Basin Concrete Repair
Attn:
Please find: � Attached ❑ Under Separate Cover
❑ Copy of Letter � Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantit Descri tion
1 Full executed Contract 14-27 Sedimentation Basin Concrete Re airs
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8� Comment
Remarks:
cc: City Clerk (original)
Public Works, Engineering (original)
City Attorney (copy)
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT(STIPULATED PRICE)
THIS AGREEMENT is by and between City of Oshkosh ("Owner")and
Norcon Corporation, 5600 Municipal Street, Schofield, Wisconsin 54476 ("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 14-27 Sedimentation Basin Concrete Repairs, Common Council Resolution Number 14-
470
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 14-27 Sedimentation Basin Concrete Repairs
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.
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before May 1, 2015, and completed and ready
for final payment in accordance with Paragraph 14.07 of the General Conditions on or before
May 29,2015.
EJCDC G520 Suggested Form of Agreement Between Owner and Contractor for ConstrucHon Contract(Stipulated Price)
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4.03 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
2014 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 2014 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 S.OI.A and S.O1.B below:
A. Bid Sum,a sum o£ $297,959.00
The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are
based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions,
estimated quantities are not guaranteed, and determinations of actual quantities and
classifications are to be made by Engineer as provided in Paragraph 9.07 of the General
Conditions.
B. For all Work,at the prices stated in Contractor's Bid, attached hereto as an exhibit.
ARTICLE 6—PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions.
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 aY the Preconstruction Conference during performance of the Work as provided in
EJCDC C-520 Suggested Form of Agreement Behveen Owner and Contractor for Construction Contract(Stipulated Price)
Copyright�2007 National Society of Professional Engineers for EJCDC.All rights reserved.
Page 2 of 8
Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values
established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit
Price Work based on the number of units completed) or, in the event there is no schedule of
values, as provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below but, in each case, less the aggregate of payments previously
made and less such amounts as Engineer may determine or Owner may withhold, including
but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General
Conditions.
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 of 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.
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.
EJCDC G520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
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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. Contractar 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.O1.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).
2. Performance bond(pages 610-1 to 610- 3 inclusive).
3. Payment bond(pages 615-1 to 615-3 inclusive).
EJCDC G520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(SHpulated Price)
Copyright 0 2007 National Society of Professional Engineers for EJCDC.All rights reserved.
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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 11 sheets with each sheet bearing the following general title:
Contract 14-27 Sedimentation Basin Concrete Repairs Issues for Bid dated 8/1 U14.
9. Addenda(number 1, inclusive).
10. Exhibits to this Agreement(enumerated as follows):
a. Contractor's Bid(page 1 to 10 inclusive).
b. Notice of Award(pages 510-1).
ll. 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.
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.
EJCDC G520 Suggested Form of Agreement Behveen Owner and Contractor for Construction Contract(Stipulated Price)
Copyright�2007 National Society of Professional Engineers for EJCDC.Ali rights reserved.
Page 5 of 8
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, successars, 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 enfarceable
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;
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.
EJCDC G520 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
10.06 None
EJCDC G520 Suggested Form of Agreement Behveen Owner and Contractor for ConstrucNon Contract(Sfipulated 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 November 5, 2014 (which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
See Page 8A for si gnatures. Norcon Corporation
By: By: `
Title: Tit • Justin Penr e President
( Contractor is a co oration, a partnership,
or a joint ventur , att h evid ce of authority
to sign.)
f'
Attest: Attest:
Title: Title: J n P e Secreta
Address for giving notices: Address for giving otices:
SIoC� Mu.,h`cGiOGt� �•
�Ss�.►�t cXd c.�► 5 4�{—t ce
License No.: 997079
(Where applicable)
(If Owner is a corporation,attach evidence NOTE TO ZISER: Use in those states or other
of authority to sign. If Owner is a public body, 1 urisdictions where applicable or required.
attach evidence of authority to sign and resolution Agent for service of process:
or other documents authorizing execution
of this Agreement.)
EJCDC G520 Suggested Form of Agreement Behveen Owner and Contractor for Construction ContraM(Stipulated Price)
Copyright�O 2007 National Society of Professional Engineers for EJCDC.All rights reserved.
Page 8 of 8
Signed for and in behalf of the City of Oshkosh on the ��day of Mev�be r , 2014.
«--
Mark A. Roh off, City Manager
_ __,
_ � �; Ii ��
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Pamela R. U�rig, City Cler
rena Larson, Director of Finance
1�-�--
. Lorens , City Attorney
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
8A
no�con
co � � o � � Tion
� GIVERSIFIEO CONSTRUCTION SERVICES
5600 Municipal Street, Schofield WI 54476
Ph: 715.359.5808 Fax: 715.359.9339
e-mail: norcon@norconcorp.com website: www.norconcorp.com
CORPORATE RESOLUTION
I, John Penrose, Secretary of Norcon Corporation, a corporation organized and
existing under the laws of the State of Wisconsin (the"Company"), do hereby
certify that the following is a true and correct copy of a resolution duly adopted at
a meeting of the Board of Directors of the Company duly held and convened on
January�, 2014, at which meeting a duly constituted quorum of the Board of
Directors was present and acting throughout, and that such resolution has not
been modified, rescinded or revoked, and is at present in full force and effect:
RESOLVED: That Justin Penrose, President of Norcon Corporation, is
empowered and authorized to execute contracts on behalf of the Company.
IN WITNESS WHEREOF, the undersigned has affixed his signature and the
corporate seal of the Company this �h day of January, 20�4.
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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 NAMEACT certifiCates@willis.com
Willis of Wisconsin,IIIC. PHONE �g7� g45-7378 ac No: 8$$ 467-2378
c/o 26 Century Blvd Evc No ext: ) � �
P.O.Box 305791 ADDRIESS:
Nashville,TN 37230-5191
INSURER(S)AFFORDING COVERAGE NAIC#
�NSUReRn:Valley Forge Insurance Company 20508
ir,suReo in,suReRe:Continental Insurance Company 35289
Norcon Corporation �r,suReRC:Continental Casualty Company 20443
5600 Municipal St INSURER D:
Schofield,WI 54476-4321 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTIMTHSTANDING 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.
INS � POLICY EPF POLICY EXP LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER . MM/DD/WYY MM/DD/YYYY
A X COMMERCIAL GENERAL LIABILITY � EACH OCCURRENCE $ 'I�OOO,OO
CLAIMS-MADE �OCCUR X X 5082848555 01/01/2014 01/01/2015 pREMISES Eaoccurrence S 500.00
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GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ . Z�OOO,OO
POLICY�JECT � LOC PRODUCTS-COMP/OPAGG $ 2,000,00
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
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B X ANY AUTO SOH2H4H53H 01/01/2014 01/07/2015 BODILY INJURY(Per person) $ �,���,��
ALL OWNED SCHEDULED � . BODILY INJURY(Per accident) $
AUTOS NON-0WNED PeOa��Te DAMAGE $
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X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ S�OOO,OO
C EXCESS LIAB CLAIMS-MADE 5082848524 01/01/2014 01/01/2015 AGGREGATE � $ 5���0��0
DED X RETENTION$ �O�OOO $
WORKERS COMPENSATION � X PER� OTH-
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A ANYPROPRIETOR/PARTNER/EXECUTIVE Y�N C582848541 01/01/2014 01/01/2075 E.L.EACHACCIDENT $ ��OOO�OO
OFFICER/MEMBER EXCLUDED9 � N�A �
(Mandatory in NH) E.L.DISEASc-EA EMPLOYE $ �,��0,��
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 707,Additional Remarks Schedute,may be attached if more space Is required)
Blanket Waiver of Subrogation applies to the General Liability when required by written contract or agreement.
Blanket Additional Insured-Owners,Lessees or Contractors-With Products-Completed Operations Coverage Form G-140331-C(10/10)applies to the General
Liability when required in a written contract or agreement.
CERTIFICATE HOLDER 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.
AUTHORIZED REPRESENTATIVE
City of Oshkosh ��� -�;,
215 Church Avenue
Oshkosh WI54903 '���.n,�
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
. � _ _
,CY NLJ6ABFsR INSURED NAME AND 1�DDRESS
�082848524 NORCON CORPORATION
5600 NRTNICIPAL ST
SCHOFIELD, WI 54476-4321
_ _ _ _ _
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POLICY CHAI�CEB .
ENDORSE�ENT EFFPCTIVE 41/28/1#
This Change Sndorsement aha�ges the Policy. Please read it carefully.
This Changa 8ndor$ement is a part of your Policy and takes effect on the
effective date of your Policy, unless anothar effective date is shown.
G-14�428A I�
{Ed. 10/01)
This form has been added to the pol.icy: i
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THIS ENDORSEMENT CHANGES TI3E POLICY. PLEASE READ IT CAREFULLY. II
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CHANGES - NOTICE OF CANCELLATION I
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA PLUS CQVERAGE PART
In the event of cancellation of this coverage, we agree to mail �
prior written notice of cancellation to:
I
SCHEDULE �I
1. Name: City of Oshkosh
215 Church Avenue I
2. Address: Oshkosh WI 54903 '
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3. Number of days advance notice: 30 �
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G-56015-B (ED. 11/91)
AGENT Page 2 of 3
,�� G-20472-A
{Ed. 10/93j
' WORKERS'COMPENSAT{ON AND EMPL�YERS'LIA8ILITY INSURANCE PQLICY
NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT '
In the event oi cancellation or other material change of the policy, we will mail advance notice to the person or i
organization named in the Schedule.The number of days advance notice is shown in the Schedule.
I
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. �
Schedule �
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1. Number of days advance notice: 3 0 „/"� '
2. Notice will be mailed to:
City of Oshkosh ,,/
215 Church Avenue
Oshkosh W154903
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:OLICY NIIMBER INSIIR�D NAME AND ADDRESS
' C 5Q$2848538 NORCON CORPORATION
5600 MUNICIPAL ST
SCHOFTELD, WI 54476-4321
POLICY CHANG$S
ENDORS�ENT gFFECTIVE 1/28/2014
This Change ffi�doseement ahangss the Policy. Please read it cerefully.
Thi� Change Endorsemeat ie a part of your Policy and takes effect on the
aPfective date of your Policy, unlsss another effective date is shown.
G-140327-B
(Ed. 07/11)
This form has been added to the policy:
THIS ENDORSIIKENT CIiANGES THE POLICY. PLEASE READ IT CAREFULLY.
CANCELLATION BY US
NOTICE TO DESIGNATED PERSONS
This endorsement modifies insurance provided under the following:
THE COMMON POLICY CONDITIONS OF THE BU5INESS AUTO COVERAGE FORNf
The following is added to Paragraph A. CANCELLATION:
A. 7 . In the event we cancel your policy in accordance with your
policy 's terms and conditions, we will mail written notice of
cancellation to the designated persons named below within the
stated time frames.
�� a. 10 days before the effective date of cancellatian if we
g cancel for non-payment of premium, or
b. 30 days before the effective date of cancellation if we
cancel for any other reason.
Designated Person(s} Address
1. City of Oshkosh
215 Church Avenue
Oshkosh W154903
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5600 MUNICIPAL ST
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POi,=CY CHANG83 /
ENDORSECOEPt'T SFFECTIVE 01/28/2014 a.f"
Thie Chaage Endorsement chaages the Policy. Plsase read it aarefully,
This Change Eadorsement is a part of your Policy and takes effeat on the
ei�ective date of your Policy, ualess another effectiee date f.s shown.
G-15115-A
{Ed. 1Q/89)
This form has been added to the policy:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFBLLY.
CHANGES - NOTICE �F �ANCELLATION
OR MATERIAL COVERAGE CHANGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQU012 LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIA$SLIfiY COVERAGE PART
PRODUCTS/COMPLETEb OPERATIONS LIABILITY C�VERAGE PART
RAILROAD PROTECTNE LIABILITY COVERAGE PART
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this Coverage Part (other than
o the reduction of aggregate limits through payment of claims) , we
g agree to mail prior written notice of cancellation or material
change to:
SCHEDULE
1. Number of days advance notica:30 ,�-
10 Days for Non-Payment af
Premium
2 . Name: City of Oshkosh
3 . Address 215 Church Avenue
Oshkosh WI 54903
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Secretary
Chairman of the Board
G-56015-B (ED. 11/91}
��� NORCCOR-01 SINGHRM
ACOROT DATE(MM/DD/YYYY)
�� CERTIFICATE OF LIABILITY INSURANCE 10/31/2074
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 NAMEACT C@I'tlflCat@S QeWIIIIS.00111
Willis of Wisconsin,Inc. P,v"�NN E�:(877)945-7378 ac No:�$$$I 467-2378
c/o 26 Century Blvd E-MAIL
P.O.Box 305191 ADDRESS:
Nashville,TN 37230-5191
� INSURER(S)AFFORDING COVERAGE NAIC i1
�r,suReRn:Valley Forge Insurance Company 20508
INSURED INSURERB:C011tlll@IltBI If1SU1'811C@ CO�I'lpafl�/ 35289
Norcon Corporation iNSUReRC:Continental Casualty Company 20443
5600 Municipal St INSURER D:
Schofield,WI 54476-4321 INSURER E:
� INSURER F: �
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTIMTHSTANDING 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 7ypE OF INSURANCE POLICY NUMBER MM/DDY� MM DDMlYY LIMITS
LTR
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 'I,OOO�OO
CLAIMS-MADE �oCCUR X X 5082848555 01/01/2074 01/01/2015 pREMISES Eaoccurrence 3 500,00
MED EXP(Any one person) $ 15,000
PERSONAL 8 ADV INJURY $ 'I�OOO�OO
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Z,OOO,OO
POLICY�ECT � LOC PRODUCTS-COMP/OPAGG $ Z�OOO�OO
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
B X ANYAUTO 5082848538 01/01/2014 01/01/2015 BODILYINJURY(Perperson) $ �,QQQ,QQ
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS NON�OWNED PROPERTY DAMAGE $ �
HIREDAUTOS AUTOS Peraccident
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ S�OOO�OO
C EXCESSLIAB CLAIMS-MADE 5082848524 � 01/01/2014 01/01/2015 AGGREGATE $ 5���Di�O
DED X RETENTION$ �O�OOO $
WORKERS COMPENSATION �(
AND EMPLOYERS'LIABILITY STATUTE ER _
A ANY PROPRIETOR/PARTNER/EXECUTIVE Y� N�A C 5 82848541 � 01/01/2014 01/01/2015 E.L.EACH ACCIDENT $ �,OOO,OO
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ �,�00,��
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ � 1,000,00
DESCRIP710N OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additlonal Remarks Schedule,may be attached if more space Is required)
Blanket Waiver of Subrogation applies to the General Liability when required by written contract or agreement.
Blanket Additional Insured-Owners,Lessees or Contractors-With Products-Completed Operations Coverage Form G-740337-C(70/70)applies to the General
Liability when required in a written contract or agreement.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITN THE POLICY PROVISIONS.
� AUTHORIZED REPRESENTATIVE
AECOM --, �.-�---,
558 North Main Street °`� '`��� r
Qshkosh WI54901 Y�=��.r
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
r , : :' .. .. , . .. .. . . . .. . . . . ... . , . . . . ,
,CY 1�U�ABFsR INSURED NAbQE AND 1�1DDR'ES$
�082848524 NORCON CORPORATION
5600 MUNICIPAL ST
_
SCHOFIELD, WI 54476-4321
___ __
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POLICY CHA[+IGES _ _ _ _
'END�RSEMENT EFF}3C�IVE 41J28/14
This Change Endorseaient changes the Po11cy. Pleag� read it carefully.
Thia Change $ndor$ement is a part af your Poliay and takes effect on the
effective date of your Policy, unless anothar effective date is shown.
G-140428A �
{Ed. 10/01)
This form has been added to the policy: I
I
THIS ENDORSEMENT CHANGES THE FOLICY. PLEASE READ IT CAREFULLY. i
I
I
CHANGES - NOTICE OF CANCELLATION I
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA PLUS COVERAGE PART
In the event of cancellation of this coverage, we agree to mail �
prior written notice of cancellation to:
SCHEDULE
1 . Name: AECOM
558 North Main Street �
2. Address: Oshkosh,WI 54901 ;
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3. Number of days advance notice: 30 ,
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� c��.�-•�a�' �,�,�. �-�-
L Chairman of ihe Board Secrelary
G-56015-B (ED. 11/91)
AGENT Page 2 of 3
_� _
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G-20472-A
��� (Ed. 10/93)
` WORKERS'COMPENSAT{UN AND EMPLOYERS'LIABILITIf I{VSURANCE POl.1CY
NOTICE OF CANCELLATION OR MATERfAL CHANGE ENRORSEMENT �I
In the event oi cancellation or other �number of days advance not ce s sho,wn nithe�5chedule tice to the person or iI
organization named in the Schedule.The I�
7his endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
I
Scheduie '
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1. Number of days advance notice: 3� �/"� I
AECOM I
2. Notice will be mailed to: 558 North Main Street
Oshkosh,WI 5494"t'� I
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G-2Q472-A
(Ed. 1 d/93}
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OLICY NDMSER INSIIRFsD NAME AND ADDRESS
:' C 5082848538 NORCON CORPORATION
560q MUNICIPAL ST
SCHOFIELD, WI 54476-4321
POLICX CHANGBS
ENDORSB�[ENT $FFECTIVE 1/28/2014
This Chaage Endoreement changes the Policy. Please read it cerefully.
Thi� Change Endoraemeat is a part of your Policy and takes effect on the
effective date of your Policy, unless another effective date 1� showa.
G-140327-B
(Ed. 07/11)
This form has been added to the policy:
THIS ENDORSEMENT CHAIJGES THE POLICY. PLEASE READ ZT CAREFULLY.
CANCELLATION BY US
h10TICE TO DESIGNATED PERSONS
This endorsement modifies insurance provided under the following:
THE COMMON POLICY CONDITIONS OF THE BUSINESS AUTO COVERAGE FORNf
The following is added to Paragraph A. CANCELLATION:
A. 7 . In the event we cancel your policy in accordance with your
policy 's terms and conditions, we will mail written notice of
cancellation to the designated persons named below within the
stated time frames.
�� a. 10 days before the effective date of cancellation if we
o cancel for non-payment of premium, or
� b. 30 days before the effective date of cancellation if we
cancel for any other reason.
DesiQnated Person(s} Address
1. AECOM
558 North Main Street
Oshkosh,WI 54901
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i� ��I`^'o^`�� 5ecralary
Chalrman o}the Soard
G-56015-B (ED. 11/91)
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ALICY NII�QSER INSURF'D NA�idE AND ADDRESS
C 50B2848555 NORCON CORPORATION
5600 MUNICIPAL ST
SCHOFIELD, WI 54476-4321
POLICY CHANGEB /
ENDORSEDdENT BFFECTIVE 01/a8/2014 ✓
This Chartga 8ndoreement chsages the Policy. Please read i.t carefully.
This Chaage Endor$ement is a part of your Policy and takes effeat on the
effective date of your Policy, unlees another effective date is ahown.
G-15115-A
(Ed. 10/89}
This form has been added to the policy:
TIiIS ENDORSEMIIQT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CHANGES - NOTICE OF CANCELLATION
OR MATERIAL COVERAGE CHANGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILZTY COVERAGE PART
LIQU�R LIABILI2'Y COVERAGE PART
OWNERS AND CONTRACTORS PROTECT NE LIABILITX COVERAGE PART
POLLUTiON LIABILITY COVERAGE PART
PRODUCTS/COMPLETEb OPERATIONS LIABILiTY COVERAGE PART
RAILROAD PRQTEC'PIVE LIABILITY COVERAGE PARfi
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this Coverage Part (other than
o the zeduction of aggregate limits through payment of claims? , we
g agree to mail prior written notice of cancellation ar material
change to:
SCHEDULE
1. Number of days advance notice:30 „�
10 Days for Non-Payment of
Premium
2 . Name: AECOM
3 . Address 558 North Main Street
Oshkosh,WI 54901
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V Secretary
Chairman of the Boazd
G-56015-B (ED. 11/91}
EJCDC= Bond No.MCN 2142104
ENGMEERS JOiNi CONTRACT
DOCUAIENTS COAIMITTEE PERFORMANCE BOND
CONTRACTOR(name and address): SURETY(name and address ofprincipal p/ace of business):
NORCON CORPORATION Old Republic Insurance Company
5600 Municipal St 133 Oakland Ave
Weston,WI 54476 Greensburg,PA 15605
OWNER(name and address):
City Of Oshkosh
215 Church Ave.
Oshkosh,WI 54903
CONSTRUCTION CONTRACT
Effective Date of the Agreement: 11/OS/2014
Amount:$297,959.00
Description(name and locarion):City Contract 14-27 Sedimentation Basin Concrete Repairs
BOND
Bond Number:MCN 2142104
D2te(not earlier than the Effective Date of the Agreement of the Conslruction Contract): 11/05/2014
Amount:$297,959.00
Modifications to this Bond Form: �None ❑ See Pazagraph 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
NORCON CORPORATION (seal) Old Re ublic Insurance Com an (seral)
Contractor's Name and Corpora al Surety's Na orpor eal.
By: By:
' ature Signature(attach power of attorney)
Justin Penrose ChrisSteinaQel
Print Name Print Name
P r e s i de n t Attomey-in-Fact
Title Title
�r/ � � �
Attest�wC.G J�• Attest: � �
Signature Sign e
W i t ne s s wimess
Title Title
Notes:(1)Provide supplemental execution by any additlona!parties,such as joint venturers. (2)Any singular reference to
Contractor,Surety,Owner,or other party shall be considered plural whe�e applicable.
E.TCDC C-610—Performance Bond �
Published December 2010 by the Engineers Joint Contrsct Documents Committee.
Pa�e 1 of 3
1. The Contractor and Surety, jointly and severally, bind 5.3 Obtain bids or negotiated proposats from
themselves, their heirs, executors, administrators, successors, qualified contractors acceptable to the Owner for a convact
and assigns to the Owner for the performance of the for performance and completion of the Construction
Construction Contract, which is incorporated herein by Contract, arrange for a contract to be prepared for
reference. execution by the Owner and a contractor selected with the
Owners concurrence, to be secured with performance and
2. If the Contractor performs the Construction Contract, the payment bonds executed by a qualified surety equivalent to
Surety and the Contractor shall have no obligation under this the bonds issued on thc Construction Contract,and pay to
Bond, except when applicable to participate in a conference as the Owner the amount of damages as describcd in
provided in Paragraph 3. Paragraph 7 in excess of the Balance of the Contract Price
incurred by the Owner as a result of the Contractor Default;
3. If there is no Owner Default under the Construction or
Contract, the Surety's obligation under this Bond shall azise
after: 5.4 Waive its right to perform and complete,arrange
for completion, or obtain a new contractor, and with
3.1 The Owner first provides notice to the Contractor reasonable promptness under the circumstances:
and the Surety that the Owner is considering declaring a
Contractor Default. Such notice shall indicate whether the 5.4.1 After investigation, determine the amount
Owner is requesting a conference among the Owner, for which it may be liable to the Owner and, as soon
Contractor, and Surety to discuss the Contractor's as practicable after the amount is determined, make
performance. If the Owner does not request a conference, payment to the Owner;or
the Surety may, within five(5) business days after receipt
of the Owner's notice, request such a conference. If the 5.4.2 Deny liability in whole or in part and notify
Surety timely requests a conference, the Owner shall the Owner,citing the reasons for denial.
attend. Unless the Owner agrees otherwise,any conference
requested under this Paragraph 3.1 shall be held within ten 6. If the Surery does not proceed as provided in Paragraph 5
(l0) business days of the Surety's receipt of the Owner's with reasonable promptness,the Surety shall be deemed to be in
notice. If the Owner,the Contractor,and the Surety agree, default on this Bond seven days after receipt of an additional
the Contractor shall be allowed a reasonable time to written notice from the Owner to the Surety demanding that the
perform the Construction Contract, but such an agreement Surety perform its obligations under this Bond, and the Owner
shall not waive the Owner's right, if any, subsequently to shall be entitled to enforce any remedy available to the Owner.
declare a Contractor Default; If the Surety proceeds as provided in Pazagraph 5.4, and the
Owner refuses the payment or the Surery has denied liability,in
3.2 7'he Owner declazes a Contractor Default, whole or in part, without further notice the Owner shall be
terminates the Construction Contract and notifies the entitled to enforce any remedy available to the Owner.
Surety;and
7. If the Surety elects to act under Pazagraph 5.1,5.2,or 53,
33 The Owner has agreed to pay the Balance of the then the responsibilities of the Surety to the Owner shall not be
Contract Price in accordance with the terms of the greater than those of the Contractor under the Construction
Construction Contract to the Surety or to a contractor Contract, and the responsibilities of the Owner to the Surety
selected to perform the Construction Contract. shall not be greater than those of the Owner under the
Construction Contract. Subject to the commitment by the
4. Failure on the part of the Owner to comply with the notice Owner to pay the Balance of the Contract Price, the Surety is
requirement in Pazagraph 3.1 shall not constitute a failure to obligated,without duplication for:
comply with a condition precedent to the Surety's obligations,or
release the Surery from its obligations, except to the extent the 7.1 the responsibilities of the Contractor for
Surety demonstrates actual prejudice. correction of defective work and completion of the
Construction Contract;
5. When the Owner has satisfied the conditions of Paragraph
3,the Surety shall promptly and at the Surety's expense take one 7.2 additional legal, design professional, and delay
of the following actions: costs resulting from the Contractor's Default,and resulting
from the actions or failure to act of the Surety under
5.1 Arrange for the Contractor, with the consent of Paragraph 5;and
the Owner, to perform and complete the Construction
Contract; 7.3 liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual damages
5.2 Undertake to perform and complete the caused by delayed performance or non-performance of the
Construction Contract itself, through its agents or Contractor.
independent contractors;
8. If the Surety elects to act under Pazagraph 5.1,53,or 5.4,
the Surety's liability is limited to the amount of this Bond.
EJCDC C-610—Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Pa�e 2 of 3
9. The Surety shall not be liable to the Owner or others for 14.5 Contract Documents: All the documents that
obligations of the Contractor that are unrelated to the comprise the agreement between the Owner and
Construction Contract, and the Balance of the Contract Price Contractor.
shall not be reduced or set off on account of any such unrelated
obligations. No right of action shali accrue on this Bond to any 15. [f this Bond is issued for an agreement between a
person or entity other than the Owner or its heirs, executors, contractor and subcontractor, the term Contractor in this Bond
administrators,successors,and assigns. shall be deemed to be Subcontractor and the term Owner shall
be deemed to be Contractor.
]0. The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related 16. Modifications to this Bond are as follows:NONE
subcontracts,purchase orders,and other obligations.
11. My proceeding,legal or equitable,under this Bond may be
instituted in any court of competent jurisdiction in the location
in which the work or part of the work is located and shall be
instituted within two yeazs after a declaration of Contractor
Default or within two years after the Contractor ceased working
or within two yeazs after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. If the
provisions of this paragraph are void or prohibited by law, the
minimum periods of limitations available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
12. Notice to the Surety,the Owner, or the Contractor shall be
mailed or delivered to the address shown on the page on which
their signature appears.
13. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond
conflicting with said statutory or lega! requirement shall be
deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed
incorporated herein. When so fumished, the intent is that this
Bond shall be construed as a statutory bond and not as a
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
settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of the Contractor
under the Construction Contract.
14.2 Construction Contract: The agreement between
the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the
agreement and the Contract Documents.
14.3 Contractor Default: Failure of the Contractor,
which has not been remedied or waived, to perform or
otherwise to comply with a material term of the
Construction Contract.
14.4 Owner Default:Failure of the Owner,which has
not been remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and
complete or comply with the other material terms of the
Construction Contract.
EJCDC C-610—Pertormance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Paee 3 ot3
EJCDC= Bond No.MCN 2142104
ENGINEERS 101NT CONTRACT
°°`�"'E"'S`°""""�nEE _ pAYMENT BOND
CONTRACTOR(name and address): SURETY(name a»d address ofprincipal p[ace of business):
NORCON CORPORATION Old Republic Insurance Company
5600 Municipal St 133 Oakland Ave
Weston,WI 54476 Greensburg,PA 15605
OWNER(name and address):
City Of Oshkosh
215 Church Ave.
Oshkosh,WI 54903
CONSTRUCTION CONTRACT
Effective Date of the Agreement: l 1/05/2014
Amount:$297,959.00
Description(name and locarion):City Contract 14-27 Sedimentation Basin Concrete Repairs
BOND
Bond Number:MCN 2]42104
Date(not earlier than the E�j'ective Date of the Agreement of the Construction Contrac�): 11/OS/2014
Amount:$297,959.00
Modifications to this Bond Form: �None ❑ See Pazagraph 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
NORCON CORPORATION (seal) Old Re ublic Insurance Co an (seal)
Contractor's Name and Corpor eal Surety's N orpora e,aL-
By, By .
�gnature S�gnature(attach power of attorney)
Justin enrose ChrisSteina¢et
Print Name Print Name
P r e s i den t Attomey-in-Fact
Title Title
� c
Attest: �t- ✓�' Attes .
Signature S nature
Witness
Wimess
Title Title
Notes: (1)Provtde supplementa!execution by any additional patties,such as joint venturers. (2)Any s�ngular reference
to Contractor,Surety,Owner,or other party shall be considered plural where applicable.
EJCDC C�15,Payment Bond
Pubiiched December 2010 by the Engineers Jant Contract Documents Committee.
Page 1 of 3
1. The Contractor and Surety, jointly and severally, bind 7. When a Claimant has satisfied the conditions of Paragraph
themselves, their heirs, executors, administrators, 5.1 or 5.2, whichever is applicable, the Surety shall
successors, and assigns to the Owner to pay for labor, promptly and at the Surety's expense take the following
materials, and equipment fumished for use in the actions:
performance of the Construction Contract, which is
incorporated herein by reference, subject to the following 7•1 Send an answer to the Claimant,with a copy to the
��S• Owner, within sixty (60) days after receipt of the
Claim, stating the amounts that are undisputed and
2. If the Contractor promptly makes payment of all sums due the basis for challenging any amounts that are
to Claimants,and defends,indemnifies,and holds harmless disputed;and
[he Owner from claims, demands, liens, or suits by any 7,2 pa or arran e for
person or entity seeking payment for labor, materials, or Y S payment of any undisputed
equipment furnished for use in the performance of the �ounts.
Construction Contract, then the Surety and the Contractor 7.3 The Surety's failure to discharge its obligations
shall have no obligation under this Bond. under Paragraph 7.1 or 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or
3. If there is no Owner Default under the Construction Contractor may have or acquire as to a Claim,
Contract, the Surety's obligation to the Owner under this except as to undisputed amounts for which the
Bond shalt uise after the Owner has promptly notified the Surety and Claimant have reached agreement. If,
Contractor and the Surety (at the address described in however, the Surety fails to discharge its
Pazagraph 13)of claims,demands,liens,or suits against the obligations under Paragraph 7.1 or 7.2, the Surety
Owner or the Owner's properry by any person or entity shall indemnify the Claimant for the reasonable
seeking payment for labor, materials, or equipment attomey's fees the Claimant incurs thereafter to
fumished for use in the performance of the Construction recover any sums found to be due and owing to the
Contract, and tendered defense of such claims, demands, Claimant.
liens,or suits to the Contractor and the Surety.
8. The Surety's total obligation shall not exceed the amount of
4. When the Owner has satisfied the conditions in Paragraph this Bond, plus the amount of reasonable attomey's fees
3, the Surety shall promptly and at the Surety's expense provided under Paragraph 7.3,and the amount of this Bond
defend, indemnify,and hold harmless the Owner against a shatl be credited for any payments made in good faith by
duly tendered claim,demand,lien,or suit. the Surety.
5. The Surety's obligations to a C(aimant under this Bond 9. Amounts owed by the Owner to the Contractor under the
shall arise after the following: Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any,
under any construction performance bond. By the
5.1 Claimants who do not have a direct contract with Contractor furnishing and the Owner accepting this Bond,
the Contractor, they agree that all funds eamed by the Contractor in the
performance of the Construction Contract are dedicated to
5.1.1 have furnished a written notice of non- satisfy obligations of the Contractor and Surety under this
payment to the Contractor, stating with Bond, subject to the Owner's priority to use the funds for
substantial accuracy the amount claimed the completion of the work.
and the name of the party to whom the
materials were, or equipment was, 10. The Surety shall not be liable to the Owner,Claimants,or
fumished or supplied or for whom the others for obligations of the Contractor that are unrelated to
labor was done or performed,within ninety the Construction Contract. The Owner shaU not be liable
(90)days after having last performed labor for the payment of any costs or expenses of any Claimant
or last furnished materials or equipment under this Bond, and shall have under this Bond no
included in the Claim;and obtigation to make payments to or give no[ice on behalf of
Claimants,or otherwise have any obligations to Claimants
5.1.2 have sent a Claim to the Surety (at the under this Bond.
address described in Paragraph 13).
11. The Surety hereby waives notice of any change, including
5.2 Claimants who are employed by or have a direct changes of time,to the Construction Contract or to related
contract with the Contractor have sent a Claim to subcontracts,purchase orders,and other obligations.
the Surety (at the address described in Pazagraph
13�' 12. No suit or action shall be commenced by a Claimant under
this Bond other than in a court of competent jurisdiction in
6. If a notice of non-payment required by Paragraph 5.1.] is the state in which the project that is the subject of the
given by the Owner to the Contractor, that is sufficient to Construction Contract is located or after the expiration of
satisfy a Claimant's obligation to fumish a written notice of one year from the date (1) on which the Claimant sent a
non-payment under Paragraph 5.I.1. Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or
(2) on which the last labor or service was performed by
anyone or the Iast materials or equipment were fumished
by anyone under the Construction Contract, whichever of
(1)or(2) first occurs. If the provisions of this paragaph
EJCDC C-615,Pryment Bond
Published December 2010 by the Eugineers Joint Contract Documenb Commlttee.
Page 2 of3
• ' f , _
are void or prohibited by law, the minimum period of Construction Contract, architectural and
limitation available to sureties as a defense in the engineering services required for performance of
jurisdiction of the suit shall be applicabte. the work of the Contractor and the Contractor's
subcontractors, and all other items for which a
13. Notice and Claims to the Surety, the Owner, or the mechanic's lien may be asserted in the jurisdiction
Conuactor shall be mailed or delivered to the address where the labor, materials, or equipment were
shown on the page on which their signature appears. fumished.
Actual receipt of notice or Claims,however accomplished,
shall be sufficient compliance as of the date received.
16.3 Construction Contract: T'he agreement between
14. When this Bond has been furnished to comply with a the Owner and Contractor identified on the cover
statutory or other legal requirement in the tocation where page, including all Contract Documents and all
the construction was to be performed,any provision in this changes made to the agreement and the Contract
Bond conflicting with said statutory or legal requirement Documents.
shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement
shall be deemed incorporated herein. When so furnished, 16.4 Owner Default: Failure of the Owner, which has
the intent is that this Bond shall be construed as a statutory not been remedied or waived,to pay the Contractor
bond and not as a common law bond. as required under the Construction Contract or to
perform and complete or comply with the other
15. Upon requests by any person or entity appeazing to be a material terms of the Construction Contract.
potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall
perrnit a copy to be made.
16.5 Contract Documents: All the documents that
16. Definitions comprise the agreement between the Owner and
Contractor.
17. If this Bond is issued for an agreement between a
16.1 Claim: A written statement by the Claimant contractor and subcontractor, the term Contractor in this
including at a minimum: Bond shall be deemed to be Subcontractor and the term
Owner shall be deemed to be Contractor.
1. The name of the Claimant;
2. The name of the person for whom the labor 18.Modifications to this Bond are as follows:NONE
was done,or materials or equipment furnished;
3. A copy of the agreement or purchase order
pursuant to which labor, materials, or
equipment was fumished for use in the
performance of the Construction Contract;
4. A brief description of the labor, materials, or
equipment fumished;
5. The date on which the Claimant last performed
labor or last fumished materials or equipment
for use in the performance of thc Construction
Contract;
6. The total amount earned by the Claimant for
labor, materials, or equipment fumished as of
the date of the Claim;
7. The total amount of previous payments
received by the Claimant;and
8. The total amount due and unpaid to the
Claimant for labor, materials, or equipment
fumished as of the date of the Claim.
16.2 Claimsnt: An individual or entity having a direct
contract with the Contractor or with a subcontractor
of the Contractor to furnish labor, materials, or
equipment for use in the performance of the
Construction Contract. The term Claimant also
includes any individual or entity that has rightfully
asserted a claim under an applicable mechanic's
lien or similar statute against the real property upon
which the Project is located.The intent of this Bond
shall be to include without limitation in the terms of
"labor, materials, or equipment" tha[ part of the
water, gas, power, light, heat, oil, gasoline,
te(ephone service, or rental equipment used in the
EJCDC C-615,Payment Bond
Published December 2010 by the Engineers Joint Contrect Documentv Committee.
Page 3 of 3
** **k " ' �
� C1LD R►.EPT�TBLIC ����r�t:��������
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*�, * PQWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC INSURANCE COMPANY,a Pennsylvania stock insurance corporation,does
make,constitute and appoint:
MICHAEL J. DOUGLAS, CHRIS M. STSINAG$L, CHRISTOPHER MATHER KEMP, LISA B FLIPP,
ROBERT 6 DQWNEY, OF HiJDSON, WI
its true and lawful Attorney(s)-in-Fact,with full power and authority,not exceeding$20,000,000,for and on behalf of the Company as surety,to execute
and deliver and affix the seal of the Company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature
thereof, (other than self-insurance workers compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste manage-
ment bonds,hazardous waste remediation bonds or black lung bontls), as fotlows:
ALL WRITTEN INSTRIIMENTS IN AN AMOUNT NOT TO EXCEED 'AN AGGREGATE OF
FIVE MILLION DOLLARS($5,000,000)------------------------- FOR ANY SINGLE
OBLIGATION, REGARDLBSS OF THS NIIMHER OF INSTRDMENTS ISSIIED FOR TAE OBLIGATION.
and to bind OLD REPUBLIC INSURANCE COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and
confirmed. This document is not valid unless printed on colored background and is multi-colored. This appointment is made under and by authority of
the board of directors at a meeting held on May 12,2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the
following resolutions adopted by the board of directo�s of the OLD REPUBLIC INSUftANCE COMPANY on May 12,2010.
RESOLVED FURTHER,that the chairman,president or any vice president of the Company's surety division,in conjunction with the secretary or
any assistant secretary of the Company,be and hereby are authorized and directed to execute and deliver,to such persons as such officers of
the Company may deem appropriate,Powers of Attomey in the form presented to and attached to the minutes of this meeting,authorizing such
persons to execute and deliver and'affix the seal of the Company to bonds,undertakings,recognizances,and suretyship obligations of all kinds,
other than bail bonds,bank depository bonds,mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note
guaranty bonds. The said officers may revoke any Power of Attorney previously granted to any such person. The authority of any Power of
Attorney granted by any such officer of the Company as aforesaid shall not exceed twenty million dollars($20,000,000.00),except(a)bonds
required to be filed as open penalty bonds,and(b)bonds filed with any court or governmental authority requiring an unlimited penalty in bonds
filed in that court.
RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company
(i)when signed by the chairman,president or any vice president of the Companys surety division and attested and sealed(if a seal be
required)by any secretary or assistant secretary;or
(ii)when signed bya duly authorized Attomey-in-Fact and sealed with the seal of the Company(if a seal be required).
RESOLVED FURTHER,that the signature of any'officer designated above,and the seal of the Company,may be affixed by facsimile to any
Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship
obligations of the Company,and such signatUre and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,OLD REPUBLIC lNSURANCE COMPANY has caused these presents to be signed by its proper officer,and its
corporate seal to be affixed this 2ND day of__AUGUST, 2011.
OLD REPUBUC INSURANCE COMPANY
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_�! SEAL,i�;;
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A55 �nt Secretary c��'�.,,...-''��`�c Vice President
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STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS ���""""""'°��
On this 2ND day of AUGUST, 2011 ,personally came before me, GERALD C.LEACH and
PHYLLIS M.JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE COMPANY who
executed the above instrument,and they each acknowledged the execution of the same,and being by me duly swom,did severally depose and say;that
they are said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate
seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said
organization.
��`. .
�� s �`j j.�r�
',��e��'�•• Notary`ublic
°F+.�. My commission expires: 12/02/2 012
CERTIFICATE
I,the undersigned,assistant secretary of the OLD REPUBLIC INSURANCE COMPANY,a Pennsylvania corporation,CERTIFY that the foregoing
and attached Power of Attomey remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in
the Power of Attomey,are now in force.
24-5172 „„�N����",n Signed and sealed at the City of Brookfield,WI this S�� day of NV V p"'��" , aU/
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J. RYAN BONDING INC. Assistant cretary
ORSC#22851-�11006-R(5-10)