HomeMy WebLinkAboutPW CNT 14-28/August Winter & Sons , ,
CITY OF OSHKOSH
DEPARTMENT OF PUBLIC WORKS
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5065 FAX(920) 236-5068
LETTER OF TRANSMITTAL
To: Ms. Wendy Zeinert Date: November 13, 2014
August Winter& Sons, Inc. Sub�ect: Executed Agreement
PO Box 1896 Contract 14-28 Water Filtration Piping
Appleton, WI 54912-1896 Maintenance Repairs
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 Executed A reement
1 Performance & Pa ment Bonds
1 Certificate of Insurance
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review& Comment
Remarks:
Enclosed is a copy of the executed agreement for Contract 14-28. Please reference this contract
number on all of your invoices.
If you have any questions, please contact us.
City Attorney's Office—Copy
Steve Brand —Copy
Paul Timm (AECOM) — E-mailed copy
City Clerk's Office — Original .
cc: _ File —Original Signed: �
Tracy . aylor
I:\Engineering12014 CONTRACTS\14-28 WFP Piping Maint Repairs\Project_Information\Correspondence\LOTs\14-28 August Winter LOT-Executed Agreemnt-Const Serv_t 1-13-14.docx
r e
Y
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
� FOR CONSTRUCTION CONTRACT(STIPULATED PRICE)
THIS AGREEMENT is by and between City of Oshkosh ("Owner")and
August Winter& Sons, Inc.,2323 N. Roemer Road, P.O. Box 1896, Appleton, Wisconsin ("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 14-28 Water Filtration Piping Maintenance Repairs, Common Council
Resolution Number 14-471
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 14-28 Water Filtration Piping Maintenance 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
4.0] Time of the Esserrce
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for
final payment as stated in the Contract Documents are ofthe essence ofthe Contract.
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before December 15,2014, and completed and
ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or
before January 1, 2015. Warranty to be two (2) years on all work and start at Notice of
Substantial Completion.
EJCUC G520 Suggested Form of Agrecment Betwecn Owncr and Contractor for Construction Contract(Stipulated Nrice)
Copyright�i 2007 National Society of Professional Engineers for EJCDC.All rights reserved.
Page 1 of 8
, �
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 ifthe Work is not completed within the times specified
in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article l2 of
the General Conditions. The parties also recognize the delays,expense, and difficulties involved
in proving in a legal ar 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.O1.A, and S.O1.B, :
A. Bid Sum, a sum of: $l 14,565
The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are
based on bid set, project plans, and specifications. 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 S�bmittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article l4 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions. �
6.02 Pro�res.s 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
EJCDC G�20 Suggested Form of Agreement Behveen Owner and Contractor for Construction Contract(Stipulated Price)
Copyright OO 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 l0
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]% 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 Behveen Owner and Contractor for Construction Contract(Stipulated Price)
Copyright�O 2007�'ational Society of Professional Engineers for EJCDC.All rights reserved.
Page 3 of 8
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, pragress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions relating to
existing surface or subsurface structures at the Site (except Underground Facilities), if any, that
have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing
reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions,
if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary
Conditions as containing reliable "technical data."
E. Contractar 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.OI.E above, Contractor
does not consider that further examinations, investigations, explarations, tests, studies, or data
are necessary far 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 ofthe Work.
ARTICLE 9—CONTRACT DOCUMENTS
9.0] Contents
A. The Contract Documents consist ofthe 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 C-�20 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright G 2007 National Society of Professional Engineers for EJCDC.All rights resened.
Page 4 of 8
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 6 sheets with each sheet bearing the following general title: Spool
Repair on Lift Station and Filtration Sludge Lines Repairs, Contract# 14-28, Owners
Review dated 8/3/14.
9. Addenda(number 1, inclusive).
10. Exhibits to this Agreement(enumerated as follows):
a. Contractor's Bid(pages 1 to 12, inclusive).
b. Notice ofAward(pages 510-1).
1 l. 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. Wark 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 O 2007 National Society oT Professional Engineers for EJCDC.All 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, 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 ofthe 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
l 0.05:
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 ar 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.
F,JCDC C-S20 Suggested Form of Agreement Behveen Owner and Contractor for Construction Contract(Stipulated Price)
Copyright OO 2007 National Society of Professional Engineers for EJCDC.All rights reserved.
Page 6 of 8
10.06 None
EJCDC Gi20 Suggested Form ofAgreement Behveen Owner and Contractor for Construction Contract(Stipulated Price)
Copyright OO 2007 National Society of Professional Engineers for EJCDC.AII rights resen�ed.
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 4, 2014 (which is the Effective Date of the
Agreement).
OWNER: �� °f �51�`-�S�' CONTRACTOR:
5� Pa � �A� /.�.�u.�u'-le>�-� ���t�'�,�'� .
�
sy: By. ���-�E'.� �
Title: Title: �",t,�,�����E
(If Contractor is a corporation, a partnership,
or a joint venture, attach evidence of authority
to sign.)
Attest: Attest: ��.�Q�Z-'��" ` ����'��
Title: Title: (�/�l� � �
Address for giving notices: Address for giving n tices:
�:��-� � . ���i��C.r �Q
�i'�I�'-}2'��► � ltii 1 ���"l l I
License No.:
(Where applicable)
(If Owner is a corporation, attach evidence NOTE TO USER: U.se in those states or other
of authority to sign. If Owner is a public body, Iurisdictions where applicable or required.
attach evidence of authority to sign and resolution Agent for service of process:
or other documents authorizing execution
ofthis Agreement.)
EJCDC C-�20 Suggested Form of Agreement Between Owner and Contractor Tor Construction Contract(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
��---.. �t''
Mar A. Ro loff, City Manager
� �
�
Pamela R. Ubrig, City Cle k �
renson, orney
��,�is�.c>.�m
Trena Larson, Director of Finance
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
8A
EJ�D�_.=
EticiNEeas!�.�ra-�u:rh:acr
°°�`�'�`��`°a'""�-�EE pERFORMANCE BOND
CONTRACTOR(name and address): SURETY(name and address of principal place of
business):
August Winter&Sons,Inc.
2323 N.Roemer Road,P.O.Box 1896 Ohio Farmers Insurance Company
Appleton,WI 54912 P.O.Box 5001
Westfield Center,OH 44251
OWNER(name and address):
City of Oshkosh
CONSTRUCTION CONTRACT
Effective Date of the Agreement:November 4,2014
Amount:$114,565.00
Description: City Contract 14-28 Water Filtration Piping Maintenance Repairs
Common Council Resolution Number 14-471
BOND
Bond Number:5497912
Date (not earlier than the Effective Date of the Agreement of the Construction Contract):November 4,2014
Amount:$114,565.00
Modifications to this Bond Form: XONone �ee Paragraph 16
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Performance Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
_tlur�ust Winter�4c Sons,Inc. (sea!) Ohio Farmers Insurance Company (se8/)
ContractQ�'s iVame and Corporate Seal Surety's Name and Corporate Seal
�y: ��, o ��--,2� By: .� �ti----'
Signature Si a re (attach power of attorney)
_ �"�.0 i��� �)� � �`�� Jill N.Swanson
f'rint Name Print Name
��`��71�'lE (�-� Attorney-in-Fact
Title Title
Attest: I.��,"��� '���-� Attest �
Signature - Signature
l
�,�� 1�� S� � Witness
Title Title
Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any
singular reference to Contractor, Surety, Owner, or other party shall be considered plural where
applicable.
EJCDC C-610—Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 1
1. The Contractor and Surety, jointly and severally, bind arrange for a contract to be prepared for execution by the
themselves, their heirs, executors, administrators, successors, Owner and a contractor selected with the Owners
and assigns to the Owner for the performance of the concurrence, to be secured with performance and payment
Construction Contract, which is incorporated herein by bonds executed by a qualified surety equivalent to the
reference. bonds issued on the Construction Contract, and pay to the
Owner the amount of damages as described in Paragraph
2. If the Contractor performs the Construction Contract, the 7 in excess of the Balance of the Contract Price incurred by
Surety and the Contractor shall have no obligation under this the Owner as a result of the Contractor Default;or
Bond, except when applicable to participate in a conference as
provided in Paragraph 3. 5.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor, and with
3. If there is no Owner Default under the Construction reasonable promptness under the circumstances:
Contract, the Surety's obligation under this Bond shall arise
after: 5.4.1 After investigation, determine the amount for
which it may be liable to the Owner and, as soon as
3.1 The Owner first provides notice to the Contractor practicable after the amount is determined, make
and the Surety that the Owner is considering declaring a payment to the Owner;or
Contractor Default. Such notice shall indicate whether the
Owner is requesting a conference among the Owner, 5.4.2 Deny liability in whole or in part and notify the
Contractor, and Surety to discuss the Contractor's Owner, citing the reasons for denial.
performance. If the Owner does not request a conference,
the Surety may,within five(5)business days after receipt of 6. If the Surety does not proceed as provided in Paragraph 5
the Owner's notice, request such a conference. If the with reasonable promptness, the Surety shall be deemed to be
Surety timely requests a conference, the Owner shall in default on this Bond seven days after receipt of an additional
attend. Unless the Owner agrees otherwise, any written notice from the Owner to the Surety demanding that the
conference requested under this Paragraph 3.1 shall be Surety perform its obligations under this Bond, and the Owner
held within ten (10)business days of the Surety's receipt of shall be entitled to enforce any remedy available to the Owner.
the Owner's notice. if the Owner, the Contractor, and the If the Surety proceeds as provided in Paragraph 5.4, and the
Surety agree, the Contractor shall be allowed a reasonable Owner refuses the payment or the Surety has denied liability, in
time to perform the Construction Contract, but such an whole or in part, without fuRher notice the Owner shall be
agreement shall not waive the Owner's right, if any, entitled to enforce any remedy available to the Owner.
subsequently to declare a Contractor Default;
7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3,
3.2 The Owner declares a Contractor Default, then the responsibilities of the Surety to the Owner shall not be
terminates the Construction Contract and notifies the greater than those of the Contractor under the Construction
Surety; and Contract, and the responsibilities of the Owner to the Surety
shall not be greater than those of the Owner under the
3.3 The Owner has agreed to pay the Balance of the Construction Contract. Subject to the commitment by the
Contract Price in accordance with the terms of the Owner to pay the Balance of the Contract Price, the Surety is
Construction Contract to the Surety or to a contractor obligated,without duplication for:
selected to perform the Construction Contract.
7.1 the responsibilities of the Contractor for correction
4. Failure on the part of the Owner to comply with the notice of defective work and completion of the Construction
requirement in Paragraph 3.1 shall not constitute a failure to Contract;
comply with a condition precedent to the Surety's obligations, or
release the Surety from its obligations, except to the extent the 7.2 additional legal, design professional, and delay
Surety demonstrates actual prejudice. costs resulting from the Contractor's Default, and resulting
from the actions or failure to act of the Surety under
5. When the Owner has satisfied the conditions of Paragraph Paragraph 5; and
3, the Surety shall promptly and at the Surety's expense take
one of the following actions: 7.3 liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual damages
5.1 Arrange for the Contractor, with the consent of the caused by delayed performance or non-performance of the
Owner, to perform and complete the Construction Contract; Contractor.
5.2 Undertake to perform and complete the 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4,
Construction Contract itself, through its agents or the Surety's liability is limited to the amount of this Bond.
independent contractors;
9. The Surety shall not be liable to the Owner or others for
5.3 Obtain bids or negotiated proposals from qualified obligations of the Contractor that are unrelated to the
contractors acceptable to the Owner for a contract for Construction Contract, and the Balance of the Contract Price
performance and completion of the Construction Contract, shall not be reduced or set off on account of any such unrelated
EJCDC C-610—Performauce Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 2
obligations. No right of action shall accrue on this Bond to any settlement of insurance or other claims for damages to
person or entity other than the Owner or its heirs, executors, which the Contractor is entitled, reduced by all valid and
administrators, successors, and assigns. proper payments made to or on behalf of the Contractor
under the Construction Contract.
10. The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related 14.2 Construction Contract: The agreement between
subcontracts, purchase orders, and other obligations. the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the
11. Any proceeding, legal or equitable, under this Bond may be agreement and the Contract Documents.
instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be 14.3 Contractor Default: Failure of the Contractor,
instituted within two years after a declaration of Contractor which has not been remedied or waived, to perform or
Default or within two years after the Contractor ceased working otherwise to comply with a material term of the
or within two years after the Surety refuses or fails to perform its Construction Contract.
obligations under this Bond, whichever occurs first. If the
provisions of this paragraph are void or prohibited by law, the 14.4 Owner Default: Failure of the Owner, which has
minimum periods of limitations available to sureties as a not been remedied or waived, to pay the Contractor as
defense in the jurisdiction of the suit shall be applicable. required under the Construction Contract or to perform and
complete or comply with the other material terms of the
12. Notice to the Surety, the Owner, or the Contractor shall be Construction Contract.
mailed or delivered to the address shown on the page on which
their signature appears. 14.5 Contract Documents: All the documents that
comprise the agreement between the Owner and
13. When this Bond has been furnished to comply with a Contractor.
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond 15. If this Bond is issued for an agreement between a
conflicting with said statutory or legal requirement shall be contractor and subcontractor, the term Contractor in this Bond
deemed deleted herefrom and provisions conforming to such shall be deemed to be Subcontractor and the term Owner shall
statutory or other legal requirement shall be deemed be deemed to be Contractor.
incorporated herein. When so furnished, the intent is that this
Bond shall be construed as a statutory bond and not as a �6. Modifications to this Bond are as follows:
common law bond.
14. Definitions
14.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have
been made including allowance for the Contractor for any
amounts received or to be received by the Owner in
EJCDC G610—Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee
Page 3
EJ�DC-=
ER6;h�EP,S JOIt;�T CJVTR�ACT
°°°°��,T``°'f�'�`�` pAYMENT BOND
CONTRACTOR(name and address): SURETY(name and address of principal place of
business):
August Winter&Sons,Inc.
2323 N.Roemer Road,P.O.Box 1896 Ohio Farmers Insurance Company
Appleton,WI 54912 P.O.Box 5001
Westfield Center,OH 44251
OWNER (name and address):
City of Oshkosh
CONSTRUCTION CONTRACT
Effective Date of the Agreement:November 4,2014
Amount: $114,565.00
Description: City Contract 14-28 Water Filtration Piping Maintenance Repairs
Common Council Resolution Number 14-471
BOND
Bond Number:5497912
Date(not earlier than the Effective Date of the Agreement of the Construction Contract):November 4,2014
Amount:$114,565.00
Modifications to this Bond Form: X�None ❑See Paragraph 18
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Payment Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
August Wint�r&Sons,Inc. (seal) Ohio Farmers Insurance Company (Seal)
Contrac�or's N�me and Corporate Seal Surety's Name and Corporate Seal
By: � �,�, , o��..� � By: c�'-� �� _
�ignat��.re Sifn ture(attach power of attomey)
C'�' t ,� ` j l
���G t �_�- �T/�� Ji11 N.Swanson
Print Name Print Name
��'Q;�l�e N� Attorney-in-Fact
Title Title
,
Attest: � ����-�°��� � �.��2��`��s Attest: � ����_
Signature ( Signature �
�'��i���js Witness
Title Title
Notes: (1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any
singular reference to Contractor, Surety, Owner, or other party shall be considered plural where
applicable.
EJCDC C-615,Payment Bond
Publis6ed Decerober 2010 by the Engineers Joint Contract Dowments Committee.
Page 1
6. If a notice of non-payment required by Paragraph
1. The Contractor and Surety,jointly and severally, bind 5.1.1 is given by the Owner to the Contractor, that is
themselves, their heirs, executors, administrators, sufficient to satisfy a ClaimanYs obligation to furnish a
successors, and assigns to the Owner to pay for written notice of non-payment under Paragraph 5.1.1.
labor, materials, and equipment furnished for use in
the performance of the Construction Contract, which 7. When a Claimant has satisfied the conditions of
is incorporated herein by reference, subject to the Paragraph 5.1 or 5.2, whichever is applicable, the
following terms. Surety shall promptly and at the Surety's expense
take the following actions:
2. If the Contractor promptly makes payment of all sums
due to Claimants, and defends, indemnifies, and 7.1 Send an answer to the Claimant,with a copy to
holds harmless the Owner from claims, demands, the Owner, within sixty (60) days after receipt
liens, or suits by any person or entity seeking of the Claim, stating the amounts that are
payment for labor, materials, or equipment furnished undisputed and the basis for challenging any
for use in the performance of the Construction amounts that are disputed;and
Contract, then the Surety and the Contractor shall
have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed
amounts.
3. If there is no Owner Default under the Construction
Contract, the Surety's obligation to the Owner under 7.3 The Surety's failure to discharge its obligations
this Bond shall arise after the Owner has promptly under Paragraph 7.1 or 7.2 shall not be
notified the Contractor and the Surety(at the address deemed to constitute a waiver of defenses the
described in Paragraph 13)of claims,demands, liens, Surety or Contractor may have or acquire as to
or suits against the Owner or the Owner's property by a Claim, except as to undisputed amounts for
any person or entity seeking payment for labor, which the Surety and Claimant have reached
materials, or equipment furnished for use in the agreement. If, however, the Surety fails to
performance of the Construction Contract, and discharge its obligations under Paragraph 7.1
tendered defense of such claims, demands, liens, or or 7.2, the Surety shall indemnify the Claimant
suits to the Contractor and the Surety. for the reasonable attorney's fees the Claimant
incurs thereafter to recover any sums found to
4. When the Owner has satisfied the conditions in be due and owing to the Claimant.
Paragraph 3, the Surety shall promptly and at the
Surety's expense defend, indemnify, and hold g. The Surety's total obligation shall not exceed the
harmless the Owner against a duly tendered claim, amount of this Bond, plus the amount of reasonable
demand, lien, or suit. attorney's fees provided under Paragraph 7.3, and the
amount of this Bond shall be credited for any
5. The Surety's obligations to a Claimant under this payments made in good faith by the Surety.
Bond shall arise after the following:
9. Amounts owed by the Owner to the Contractor under
5.1 Claimants who do not have a direct contract the Construction Contract shall be used for the
with the Contractor, performance of the Construction Contract and to
satisfy claims, if any, under any construction
5.1.1 have furnished a written notice of non- performance bond. By the Contractor furnishing and
payment to the Contractor, stating with the Owner accepting this Bond, they agree that all
substantial accuracy the amount funds eamed by the Contractor in the performance of
claimed and the name of the party to the Construction Contract are dedicated to satisfy
whom the materials were, or obligations of the Contractor and Surety under this
equipment was, furnished or supplied Bond, subject to the Owner's priority to use the funds
or for whom the labor was done or for the completion of the work.
performed, within ninety(90)days after
having last performed labor or last 10. The Surety shall not be liable to the Owner,
furnished materials or equipment Claimants, or others for obligations of the Contractor
included in the Claim; and that are unrelated to the Construction Contract. The
Owner shall not be liable for the payment of any costs
5.1.2 have sent a Claim to the Surety(at the or expenses of any Claimant under this Bond, and
address described in Paragraph 13). shall have under this Bond no obligation to make
payments to or give notice on behalf of Claimants, or
5.2 Claimants who are employed by or have a otherwise have any obligations to Claimants under
direct contract with the Contractor have sent a this Bond.
Claim to the Surety (at the address described
in Paragraph 13). 11. The Surety hereby waives notice of any change,
including changes of time, to the Construction
EJCDC C-615,Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 2
Contract or to related subcontracts, purchase orders, 8. The total amount due and unpaid to the
and other obligations. Claimant for labor, materials, or equipment
furnished as of the date of the Claim.
12. No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent 16.2 Claimant: An individual or entity having a
jurisdiction in the state in which the project that is the direct contract with the Contractor or with a
subject of the Construction Contract is located or after subcontractor of the Contractor to fumish labor,
the expiration of one year from the date (1) on which materials, or equipment for use in the
the Claimant sent a Claim to the Surety pursuant to performance of the Construction Contract. The
Paragraph 5.1.2 or 5.2, or(2) on which the last labor term Claimant also includes any individual or
or service was performed by anyone or the last entity that has rightfully asserted a claim under
materials or equipment were furnished by anyone an applicable mechanic's lien or similar statute
under the Construction Contract, whichever of (1) or against the real property upon which the
(2)first occurs. If the provisions of this paragraph are Project is located. The intent of this Bond shall
void or prohibited by law, the minimum period of be to include without limitation in the terms of
limitation available to sureties as a defense in the "labor, materials, or equipment°that part of the
jurisdiction of the suit shall be applicable. water, gas, power, light, heat, oil, gasoline,
telephone service, or rental equipment used in
13. Notice and Claims to the Surety, the Owner, or the the Construction Contract, architectural and
Contractor shall be mailed or delivered to the address engineering services required for performance
shown on the page on which their signature appears. of the work of the Contractor and the
Actual receipt of notice or Claims, however Contractor's subcontractors, and all other items
accomplished, shall be sufficient compliance as of the for which a mechanic's lien may be asserted in
date received. the jurisdiction where the labor, materials, or
equipment were furnished.
14. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location 16.3 Construction Contract: The agreement
where the construction was to be performed, any between the Owner and Contractor identified
provision in this Bond conflicting with said statutory or on the cover page, including all Contract
legal requirement shall be deemed deleted herefrom Documents and all changes made to the
and provisions conforming to such statutory or other agreement and the Contract Documents.
legal requirement shall be deemed incorporated
herein. When so furnished, the intent is that this 16.4 Owner Default: Failure of the Owner, which
Bond shall be construed as a statutory bond and not has not been remedied or waived, to pay the
as a common law bond. Contractor as required under the Construction
Contract or to perform and complete or comply
15. Upon requests by any person or entity appearing to with the other material terms of the
be a potential beneficiary of this Bond, the Contractor Construction Contract.
and Owner shall promptly furnish a copy of this Bond
or shall permit a copy to be made. 16.5 Contract Documents: All the documents that
comprise the agreement between the Owner
16. Definitions and Contractor.
16.1 Claim: A written statement by the Claimant 17. If this Bond is issued for an agreement between a
including at a minimum: contractor and subcontractor, the term Contractor in
this Bond shall be deemed to be Subcontractor and
1. The name of the Claimant; the term Owner shall be deemed to be Contractor.
2. The name of the person for whom the
labor was done, or materials or equipment 18. Modifications to this Bond are as follows:
fumished;
3. A copy of the agreement or purchase
order pursuant to which labor, materials,
or equipment was furnished for use in the
performance of the Construction Contract;
4. A brief description of the labor, materials,
or equipment furnished;
5. The date on which the Claimant last
performed labor or last furnished materials
or equipment for use in the performance of
the Construction Contract;
6. The total amount earned by the Claimant
for labor, materials, or equipment
furnished as of the date of the Claim;
7. The total amount of previous payments
received by the Claimant; and
EJCDC C-615,Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 3
Surety Acknowledgment
State of MINNESOTA }
} ss.
County of Hennepin }
On this 4�' day of November 2014, before me personally came Jill N. Swanson, to me
known,who being by me duly sworn, did depose and say that she is the Attorney-in-Fact of
Ohio Farmers Insurance CompanY described in and which executed the above instrument; that she/he
knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it
was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his
name to it by like order.
�
Notary Publi
�
������ PJ�ICHELLE DIANE SYLVESTER ■
���.��'".��j NOTARY PUBLlC-MINNESOTA
��,�yyr��'�`�.��,�� My Commission Expires
r `�;:9� January 31,2018
tiHNW u
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
ROWER#AND ISSUED PRIOR TO 08/27/13, FOR ANY PERSON OR PERSONS NAMED BELOW.
� General POWER NO. 2263612 01
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know A!! Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Indivldually as a 'Company" and colledlvely as "Companies," duly
organized and existing under the laws of the State of Ohlo, and having its principal offlce in Westfield Canter, Medina County,Ohio,do by these
presents make,constitute and appoint
DENNIS LOOTS, LAURIE PFLUG, NINA E.WERSTEIN, BRIAN D.CARPENTER, NICOLE IANGER,CRAIG OLMSTEAD,
JESSICA HOFF, MICHELLE SYLVESTER, HEATHER R.GOEDTEL,JILL N.SWANSON, JOINTLY�R SEVERALLY
of MINNEAPOLIS and State of MNits true and lawful Attorney(s�-in-Fact,with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
sure�bW - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - •
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE,OR BANK DEPOSITORY BONDS.
and to bind any of the Companles thereby as fully and to the same extent as If such bonds were slgned by the Presldent,sealed wtth the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and conflrming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authorlty of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
'Be!t Resolved,that the President,any 5enfor Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to r�epresent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact may ba given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and
deliver,any and all bonds, recognlzances, contracts,agreements of indemniry and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's Ilability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary'
"Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached" (Each adopted at a meeting
held on February 8,2000).
!rt Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National S�a-ety Leader and 5enior Executive and their corporate seals to be hereto
affixed thls 27th day of SEPTEMBER A.D.,2013 . .
�„o..u�Nn.qy ,Unnn.,., - , .«...,..,,
Corporate • SYA,� °4 ' .�"'�nNAL '' ,y WESTFIELD INSURANCE COMPANY
seals ��.�•••:�c t c`'�F��••••••-•!h',s'` :`''' ,NS� WESTFIELD NATIONAL INSURANCE COMPANY
Attixed��" �.+a� '�n� =O. '�'-A= ' ������''•ct�`'== OHIO FARMERS INSURANCE COMPANY
�'ni•a7�i.l`�.7.+}�ti S :n., ',SF.� �mc �C��T��'��
'�: ,� f� .,�: :�; :'�:, i84e .'i= r .
� ••~� ��f e Y j� •'7• O_ �i• '�!_ -x��
'� •�......•.• -.....: �
: ,;: -.;�',• By.
State of Ohio �"'a..�w�""� ��,�,�.,„„�,,,,.. ..,,,,:..�....��•�'��
Dennis P. Baus, Nationa�Surety Leader and
Counry of Medina ss.: Senior Executive
On this 27th day of SEPTEMBER A:D.,2013 ,before me personally came Dennis P. Baus to me known,who, being by me duly sworn,did
depose and say, that he resides in Wooster, Ohio;that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and ONIO FARMERS INSURANCE COMPANY,the companies described in and which
executed the above instrument;that he knows the seals of said Companies;that the seals affixed to sald instrument are such corporate seals;that
they were so affixed by order of the Boards of Directors of safd Companies;and that ha signed his name thereto by like order.
Notaria l ���,,....�«.,,,«•,,,, � `
Seal ,.��\A L .�, •
Affixed '�P'��,��1�/sF2*c
O;��_... �:�
Z� �A' �'r
William J. Kahelin,A rney at Law, Notary Public
5tate of Ohio :� , �+l�o My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code)
County of Medina ss.. y Mo.A�,
TE o F
I, Frank A.Carrino, 5ecretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companles,which is still in full force and eTfect;and furthermore,the resolutfons of the Boards of Directors,set out in the Power of Attorney are
in full force and effect.
/n Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 4th day of
November A;�•2014 • . •
�.r1�4�y ���1�111�11����� �Ny�1(��tIlelry�_�,
�{�SYII���Y .. ,`��`�ynNA(� '� ,�W�/�/�i
�`O e""�'''�F�i c0 P'' �� �'�;SG�% : �..��;o
� 'o; :,.: .�p _ �'..'.,,����� �.
i�:` L�x I '• '�r :•��,.•GNI►ATEqf ^� f� �
�►- 3� =�; �= _•�, 0' �
�� 5r..t�Ll��� :�' .S .Fi'� :m c z o' ��; ! � S�crctary
1�''•.,,.�,•�r�',�+ -;�,�. •'o: _�� 1848;�' Frenk A.Carrino, Secretary
�,,� "'� ••........�'� �••......•'
�, * .��° ��''. ,
, .������,,,�,.,, ••...,..,,..�..
BPOAC2(combined)(06-02)
AUGUWIN-02 WICH
�`c=°R°" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDM'YY)
�� 11/512014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER (920)739-7711 NAME:CT Customer Su ort-
Willis of Wisconsin,Inc.-Appleton PHONE a,�c No: 920-739-1543
ac No ert:
122 E.Coilege Avenue e-nnni�
City Center East,2nd Floor aooRess:ce�trequests.ds willis.com
Appleton,WI 54911 INSURER(5)AFFORDING COVERAGE NAIC#
in,suaeRn:Phoenix Insurance Com an 25623
INSURED August Winter&Sons,IIIC. INSURERB:Tr8VEI2�S PI'O e Casual Com an of A 25674
Attn: Sharon Bons �r,suReRC:The Travelers Indemnit Com an 25658
P O Box 1896 iNSUReRO:Travelers Indemnit Com an of America 25666
Appleton,WI 54912-1896 �r,suReRe:Charter Oak Fire Insurance Co 25615
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L�STED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
� iNSR 7ypE OF INSURANCE ADDL SUBR pOUCY NUMBER MM DDY/YYYY MMLDDIYYYY LIMITS �
LTR
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00
A X COMMERCIAL GENERAL LIABILITY X DT-CO-6934C377-PHX 10/1/2014 10/1/2015 pREMISES Ea occu ence $ 300,��
CLAIMS-MADE �OCCUR � MED EXP(Any one person) $ ��,00
X Contractual Liability PERSONAL&ADV INJURY $ 2,���,00
GENERALAGGREGATE $ 4,000,00
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 4,000,00
POLICY X PR�7 LOC $
AUTOMOBILE LIABILITY � E�aBI�N�eDtSINGLE LIMIT $ �,OOO,OOO
B X ANY AUTO DT810-323D2093-TIL 10/1/2014 10/1/2015 BODILY INJURY(Per pereon) S
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $
X HIRED AUTOS X AUTOS Per accident
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ ZO�OOO,OO
C EXCESS LIAB CLAIMS-MADE DTSM-CUP-6934C377-IND 10/1/2014 10/1/2015 AGGREGATE $ 2�,0�0,00
DED X RETENTION$ �O OOO $
WORKERS COMPENSATION X WC STATU- OTH-
TORY LIMIT R
AND EMPLOYERS'LIABILITY
p ANYPROPRIETOR/PARTNER/EXECUTIVE Y� N�A DTDTCHUB-6934C37-7 70/1/2074 10/1/2015 E.L.EACHACCIDENT $ ��Or00
OFFICER/MEMBER EXCLUDED?
� (Mandatory in NH� E.L.DISEASE-EA EMPLOYE $ ��0,00
If yes,desaibe under 500,00
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
E Workers Compensation DTOUB-5580L00-2 10/1/2014 10/1l2015 Employers Liability $100/$500/$100,00
DESCRIPTION OF OPERATION51 LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required)
See attached page.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
OShkOSII,CI�/Of ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: City Clerk
P O Box 1130 AUTHORIZED REPRESENTATIVE
Oshkosh,WI 54903-1130
C� . -
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
AUGUWIN-02 WICH PAGE 1 OF 1
DESCRIPTION OF OPERATIONS-
August Winter&Sons, Inc. Oshkosh,City of
Attn: Sharon Bons Attn: City Clerk
P O Box 1896 P O Box 7130
Appleton,WI 54912-1896 Oshkosh,WI 54903-1130
A 30-day notice of cancellation,except 10 days for non-payment of premium, is provided under the Commercial General Liability
per attached ILT400 1209,Automobile Liability per attached ILT400 1209 and Workers Compensation per attached WC990611(A).
11/2014
Re: AWS Job#67214 --
Contract 14-28 Water Filtration Maintenance Repairs
The City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers and AECOM are named as
additional insureds to the Comm'I General Liability for acts caused by AWS in the performance of their work to which the written
contract requiring insurance applies. Described Additionai Insured(Contractors)endorsement#CGT815 attached(equivalent of
CG2010 07-04 and CG2037 07-04).
I
. � _...... � , ,
COMMERCfAL GENERAL LfABILITY
pOL[CY NUMBER: D�-CO-6934C377-QSx GENERAL PURPOSE ENDORSEMENT
THI$ ENDORSEMENT CHANGES THE POLICX. PLEASE READ IT CA22EFULLY
DE5C�tIBED ADDITIONAL SNSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the followin�;
COMMERCIAL GENERAL LIABILITY COVEI2AG]"s PART
1. WfIO IS AN INSURED - {5ection TI) is amended to include any person or
organization that you agrae zn a "written cantract requiring insurance" to
include as an additional insured on this Coverage Part, but anly if
the "written contract requiring insurance":
a) Specifically requires you to provide additional insured coverage to
that person or organization for the sole negl.igence or independen� acts
or omissions oE that person or organization; or
b) Specifically requires you to provide additional insured coverage to
that pexson or organizatioz� by the use of:
i. The .Additional Inaured - Owners, Lessees or Contractors - (Form B)
endorsement CG 2010 ].1 85; or
ii. The AdditionaZ Insured - Owners, Lessees or Contractors - 5cheduled
Person OX Organization endorsement CG 2010 10 O1 and the Additional
Inaured - Owne�s, Lessees or Contractors - Completed Operations
endorsement CG 20 37 10 01.
However, the per&on or arganization is only an additional insured:
a) With resgect to liability for "bodiJ.y injury", "property damage"
or "persanal injury"; and
b) If the injury or damage arises out of ��your work" to which the '�written
contract requiring insurance° applies.
2. The insuranca provided to the additional inaured by this endorsement is
limited as follows:
a) In the event that the Li.mits of Insurance of this Coverage Part shown
in the Declarations exceed the limits of Iiability required by
the °written contract requiring insurance"; the insurance provided to
. the additianal insured shall be limited to the limits of liability
required by that "written contract requiring insurance". Thi�
endorsement shall not increa&e the limita af ineurance described in
Sectian III - Limits Ot Insurance.
b) The insurance provided to the additional insured does not apply
to 'bodily injury", "property damage" or "personal injuxy" arising out
af tha rendering of, or failure to render, any prqfessional
architectural, engineering or surveying services, including:
CG T8 15 Page 1
COMMERCIAL GENERAL LIABILITY
POLECY NUMBER: nx-co-&934c377-Pxx• GENERAL PURPOSE ENDORSEMENT
i. The preparing, approving, or failing to prepare or approve, maps,
shop drawings, opinions, reports, surveys, field orders oz chamge
orders, or the preparing, agproving, or failing to prepare or
approve, drawzngs and specifications; and
ii. 5uperva.sory, insgection, architectural or engineexing activities.
c) The insurance providad to the additional insused does not apply to
"bodil'y injury" or "property damage" caused by "your work" and included
in the "products-completed operations hazard" unless khe "written
contract requiring insurance" specifica7.ly requires you to provide such
coverage £or that additional i.nsuxed, and then the insurance pravided to
the addi�ional insured applies only to such "bodi].y injury" or "propertp
damage" that occurs be�ore the end of the period of time for which the
"written cantract requiring insurance" requi.res you to provide auch
coverage or the end of the policy pesiod, whichever is earlier.
3. The insurance provided to the additional insured by this endorsament ia
excess over any valid and collectible other insurance, whether primary',
ea�cess, contingent or on any other basis, that is available to the
additional insured for a loss we eover under this endorsement. However,
if the "written contract requiring insurance" specifically requires that
this iz�surance apply on a primary basis or a primary and non-contributory
basis, this insurance is primary to other insurance available to the
additional insured which covers that person or organization as a named
insured for such loss, and we wiZl not share with that other insurance.
But the insurance provided to the additional insured by this endarsement
still ia excess over any valid and coll.ectible other insurance, whether
primary, excess, contingent os on any other basis, that ie avaiiable to
the additional insured when that pesson or organization is an additional
insured under such other insurance.
4. As a condition of cov�rage provided to the additional insured by this
ez�dorse�nent:
a) The additianal insured muat give us written natice as soon as
practicabla of an "occurrence" or an of£ense which may result in a
claim. To the extent possible, such notice should include:
i. Haw, when and where the "occurreace" or offense took place;
ii. The names and addressea of any injured person8 and witnes5es; and
iii. The nature and location of any injury or damage arising out of
the '�occurrence" ox offense.
b) If a claim is made or "suit" is brought agains� the additional insured,
the additional insured must:
i. Immediately record the specifics of the claim or °suit" and the
date received; and
ii. Notify ua as soon as practicable.
CG T8 15 Page 2
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: DT-co-6934c3��-pxx� GENERAL PURPOSE ENDQRSEMENT
The additionai insured must see to it that t�re receive written notice of
the claim or "suit" as soon as practzcabJ.e.
c) The additional inaured must immediately send us copies of a13. legal
papers received in connection with the claim ox' "suit", cooperate wzth
us in the investigation or settlement ot the claim or defense against
the "suit", and othenviae comply with a11 policy conditions.
d) The addi.tional insured must tender the defense and indemnity o£ any
� claim or "suit" to any provider of other inaurance which would cover the
additionaI, insured for a loss we cover under this endorsement. Howevez,
this condition does not affeat whether the insuraace provided to the
additional zn.sured by this endarsement ia primary to other insurance
available to the additional insured which covers that person or
organization as a named insured as describad in paragraph 3. above.
5. The follawing definition is added ta SECTION V. - DEFTNITIQNS:
"Written contract requizing insurance" means that part of any w�ritten
contract or agreement under which you are required to include a person or
organization as an additional insured on this Coverage Part, provided that
the "bodily injury" and "property damage" occurs and the °personal injury"
is caused by an affense committed:
a. After the execution of the cantract or agreement by you;
b. While that part oE �he contract or agreement is in effect; and
c. Befare the end of the policy period.
CG T8 15 Page 3