HomeMy WebLinkAboutPW CNT 15-04/Carl Bowers , t
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: Carl Bowers & Sons Construction Co. Date: April 17, 2015
N1844 Maloney Road Pro�ect: Concrete Paving & Utilities
Kaukauna, WI 54130 From: Carol Marchant, Adm. Assistant
Re: Contract 15-04
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 Description
1 Ori inal si ned cop of Contract 15-04 Concrete Pavin & Utilit Pro'ects
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)
. CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 25th day of March, 2015, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARL
BOWERS&SONS CONSTRUCTION COMPANY, INC., N1844 Maloney Road, Kaukauna,
WI 54130, party of the second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the CITY and the CONTRACTOR, for the consideration hereinafter named,
agree as follows:
ARTICLE I. SCOPE OF WORK
The CONTRACTOR hereby agrees to furnish all of the materials and all of the
equipment and labor necessary, and to perForm all of the work shown on the plans and
described in the specifications for the project entitled or described as follows:
Public Works Contract No. 15-04
for concrete paving and utility projects, for the Public Works Department, pursuant to
Resolution 15-124 adopted by the Common Council of the City of Oshkosh on the 24th day
of March, 2015,
all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other
Contract Documents referred to in ARTICLE V of this Contract.
ARTICLE II. TIME OF COMPLETION
The work to be performed under this contract shall be commenced and the work
completed within the time limits specified in the Special Conditions and/or
CONTRACTOR's proposal.
ARTICLE III. PAYMENT
(a) The Contract Sum.
The CITY shall pay to the CONTRACTOR for the perFormance of the Contract the sum of
$5,972,845.41, adjusted by any changes as provided in the Specifications, or any changes
hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the
event the Proposal and Contract Documents are on a "Unit Price" basis, the above
mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the
CONTRACTOR for the perFormance of the Contract the amounts determined for the total
number of each of the units of work as set forth in the CONTRACTOR's proposal; the
number of units therein contained is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by the
work covered by the Contract.
1
� (b) Progress Payments.
In the event the time necessary to complete this Contract is such that progress payments
are required, they shall be made according to the provisions set forth in the Specifications.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The CONTRACTOR covenants and agrees to protect and hold the CITY harmless
against all actions, claims and demands of any kind or characterwhatsoeverwhich may in
any way be caused by or result from the intentional or negligent acts of the
CONTRACTOR, his agents or assigns, his employees or his subcontractors related
however remotely to the performance of this Contract or be caused or result from any
violation of any law or administrative regulation, and shall indemnify or refund to the CITY
all sums including court costs, attorney fees, and punitive damages which the CITY may be
obliged or adjudged to pay on any such claims or demands within thirty (30) days of the
date of the CITY's written demand for indemnification or refund.
ARTICLE V. INSURANCE
The Insurance required by the City of Oshkosh as specified in the CITY's
specifications, including addenda, or plans, or instructions, or advertisements, shall be
primary coverage and that any insurance or self insurance maintained by the City of
Oshkosh, its officers, council members, agents, employees or authorized volunteers will
not contribute to a loss. All insurance shall be based upon the occurrence of an event, and
not based on claims made. All insurance shall be in full force prior to commencing work
and remain in force until the entire job is completed and the length of time that is specified,
if any, in this Contract, the Specifications, whichever is longer.
ARTICLE VI. COMPONENT PARTS OF THE CONTRACT
This Contract consists of the following component parts, all of which are as fully a
part of this contract as if herein set out verbatim, or if not attached, as if hereto attached:
1. This Instrument
2. The City's Plans and Specifications, including all Addenda's
3. City of Oshkosh Standard Specifications
4. Instructions to Bidders
5. Advertisement for Bids
6. Contractor's Proposal
The Contract Documents are complementary; what is required by one is as binding
as if required by all. Before undertaking each part of the work, the CONTRACTOR shall
carefully study and compare the Contract Documents and check and verify all pertinent
figures and measurements required therein. CONTRACTOR shall promptly report in
writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR
may discover and shall obtain written clarification from the Engineer before proceeding with
any work affected thereby.
2
, .
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 which
follows it numerically except as may be otherwise specifically stated.
IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word
"CONTRACTOR" wherever used in this Contract means the party of the second part and
its/his/their legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract
to be sealed with its corporate seal and to be subscribed to by its City Manager and City
Clerk and countersigned by the Comptroller of said City, and the party of the second part
hereunto set its, his or their hand and seal the day and year first above written.
In the Presence of: CONTRACTOR
CARL BOWERS & SONS CONSTRUCTION CO.
_��.�.- �
By:
�� �����
(�eai c�f Contractor (Specify Title)
if a C���oration.)
By:
(Specify Title)
CITY OF OSHKOSH
�`I By. �-1�����.
f��i�Z�L � ���l.�-�� � Ma k A. Rohloff, City Manager
( tness) _._---`
� . _ ,
� ' � And �` ,��1�--�--'�C��- .�����.J Y �1,��
�'.
(Witness) Pamela R. Ubrig, City Cle � �
APPROVED: I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
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' A torney
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� MERCHAI�TT�S�
BONDING COMPANYTM
MERCHANTS BOND►NG COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC.
2100 FLEUR DRIVE � DES MOINES. IOWA 50321-1158 • (800)678-8171 • (515)243-3854 FAX
Performance Bond
Bond No.
CONTRACTOR: SURETY:
(Name,/ega!atatus and address) (Name, legal stcttus arrd principal place
of business)
Carl Bowers&Sons Construction Co.,Inc. Merchants Bonding Company(Mutual)
N1844 Maloney Road 2100 Fleur Drive,Des Moines,IA 50321-1158
Kaukauna,WI 54130
OWNER:
(Name,legnl status and address)
City of Oshkosh
215 Church St
Oshkosh
CONSTRUCTION CONTRACT This dowment has important legal
Date: March 25,2015 consequences.Consuttation with
an attomey is encouragad with
Amount: 55,972,845.41 resped to ks completion or
mod'dication.
Description: My singular reference to
Pu�ica�orks tC ntract No. 15-04 for concrete avin and utilit ro'ects ��ador,Surery,Owner or
P 8 Y P J other party shaN be considered
plural where app�icable.
This document combines two
BOND separate bonds,a Performance
Date: March 31,2015 Bond and a Payment Bond,into
(Not�arlier than Construction Contract Date) one fortn.This is not a sinyle
combined Pertortnance and
Payment Bond.
Amount: 55,972,845.41
Modifications to this Bond: 0 None ❑ See Section 16
C6NTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Carl Bow�ers&Sons Construction Co.,Inc. Merchants Bonding Company(Mutual)
Signatctrc: Signature: �r��°'<<- T�r��
Name 1 + Name Michael L Tiedt �
and Title: V� y P����.1� and Title: Attorney-In-Fact
(Arry additiona!signalures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Arehitect,Engineer or other party:)
SPECTRUM INSURANCE GROUP LLC
4233 Southtowne Dr
Eau Claire,WI 54701
715-858-9865
Printed in cooperation with American Institute of Architects(AIA). The language in this document conforms
exactly to the language used in AIA Document A312-Performance Bond-2010 edition.
CON 0656(6/12) �
§i The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obiligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of Owner's notice,
request such a conference. If the Surety timely requests a conference,the Owner shall attend. Unless
the Owner agrees othenvise,any conference requested under this Section 3.1 shall be hetd within ten
(10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3.the Surety shall prompdy and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract:
§5.2 Undertake to perform and complete the Construction Contract itself through its agents or independent
contractors:
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§5.4 Waive its right to perform and complete,anange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liabie to the O�vner and,as soon as
practicable after the amount is determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed
to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Swety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.If the Surety proceeds as provided in Section 5.4 and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the O�vner.
2
§7 If the Surety elects to act under Section 5.1,5.2,or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
1 the responsibi(ities of the Contractor for correction of defective work and completion of the
Construction Contract:
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5:and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subconUacts,purchase orders and other obligations.
§11 Any 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 years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years 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 period of limitation 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 legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other(egal 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 Defluitions
§14.1 Batance 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 to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to w6ich the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Constn�ction
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.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
3
§16 Modifications to this bond are as follows:
(Space is provided be/ow for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Cornorate Seal) Company: (Corporate Seal)
(;�,1 �-� � � �� G-�
Signature: Signature:
Name and Title: ' Name and Title:
Address: �� ���y �t �
Address:
�t�� M'C�,4�-� G�l
C�j�uCi�-v�+� irr� S'�[�
4
, MERCHAL�TS �
` BONDING COMPANYTM
MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING. INC.
2100 FLEUR DRIVE • DES MOINES, IOWA 50321-ll58 � (800)678-8171 � (515)243-3854 FAX
Payment Bond sond No.
CONTRACTOR: SURETY:
(Name, lega!status and address) (Name, legal status and principal place
of 6usiness)
Carl Bowers&Sons Construction Co.,Inc. Merchants Bonding Company(Mutual)
N1844 Maloney Road 2100 Fleur Drive,Des Moines,IA 50321-1158
Kaukauna,WI 54130
OWNER:
(Name, lega!status and address)
City of Oshkosh
21 S Church St
Oshkosh
CONSTRUCTION CONTRACT This document has important legal
Date: March 25,2015 consequences.Consukation with
an attomey is encouraged with
Amount: a5�972,845.41 respect to its compleGon or
modificaGon.
Description: Any singular rcference to
(Name and location) Contractor,Su�ety,Owner or
Public Works Contract No. 15-04 for concrete paving and utility projects other party shad be considered
plurai where appiicable.
This dowment combines lvro
BOND aeparate bonds,a PeAormana
Date: March 31,2015 Bond and a Payment Bond,into
(Not earlier iha»Construction Contract Date) one torm.This is not a singb
combined Periormance and
Payment Bond.
Amount: �5,972,845.41
Modifications to this Bond: ❑None ❑ See Secti�18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Carl Bowers&Sons Construction Co.,Ina Merchants Bonding Company(Mutual)
Signature: Signature: ✓`.��� °'� '�'��
N� ��� ��� J,� Name Michael L Tiedt
and Title: and Title: Attorney-In-Fact
(Arry additiona!signatures appear on!he last page of this Payment Bond.) �� �
(FOR/NFOR�fAT101�'ONLY—Name,address and�eJephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE: `
(Architect,Engineer or other parly:)
SPECTRUM INSURANCE GROUP LLC
4233 Southtowne Dr
Eau Claire,WI 54701
715-858-9865
Printed in cooperation with American Institute of Architects(AIA). The language in this document conforms
exactly to the language used in AIA Document A312-Payment Bond-2010 edition.
5
§1 The ConUactor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner to pay for labor,materials,and equipment furnished for use in the performance of the
Construction Contract,which is incorporated herein by reference,subject to the following terms.
§21f the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies,and holds
hannless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment fumished for use in the performance of the Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3.,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered ciaim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last fumished materials or equipment included in the Claim;and
•2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed:and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Snrety sha(I indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 7'he Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's �
fees provided under Section 73,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the Contractor under the 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
Contractor fumishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work.
6
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2.or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shail be applicable.
§13 Notice and Claims 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. Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 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 legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract:
.4 a brief description of the labor,materials or equipment furnished:
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the ConsWction 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
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant.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.l'he term
Claimant also includes any individual or entity that has rightfully asserted a clairn 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"labor,materials or equipment"that part of water,gas,power,light,heat,oil.
gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanids lien may be asserted in the jurisdiction where the labor,materials or equipment were
furnished.
§16.3 Construction Coutract.The agreement between the Owner and Contractar identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
7
§16.4 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.
§16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
(Space is provided below for additiona!signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporafe Sea!)
Si nature: �>�'�%.�✓'�� ` �
g ��--� Signature:
Name and Tit(e: �n,� �„�f� �,� Name and Title:
Address: Af�&�{ �F /�(�o,�, � Address:
��
�Y4-L�4�.�./� 1�.� �6�c
8
+ MERCHAI�TT�S�r,
B O N D I l�l G C�M PA N Yn B°°a#. WIC 46047
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,
INC.,both being corporatlons duy organized under the laws of the State of lowa(herein collectively catled the"Companies"),
and that the Companies do hereby make,constitute and appoint,individually,
Michael L Tiedt
of Eau Claire and State of WI their true and lawful Attomey-in-Fad,with fu�i power
and authority hereby conterred in their name,place and stead,to sipn,cxecute,acknowledge and deliver in their behalf as surety
any and aN bonds,undertakings,recwpnizances or other written obligations in the nature thereof,subjed to the Gmitation that any
such insUument shaN not exceed the amount of:
FIFTEEN MILLION($15,000,000.00)DOLLARS
and to bind the Companies thereby as fuNy and to the same extent as if auch bond w undertaking was signed by the duly
authorized officers of the Companies,and aH the acts of aaid Attorney-in-Fact, pursuant to the authority herein given,are
hereby ratified and confirmed.
This Power-of-Attomey is made and executed purauartt to and by authority of the following By-Laws adopted by the Board of
Directors of fhe Merchar�ts Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National
Bondiny,lnc.,on October 24,2011.
'The President,Secretary,Tro�surer,or any Asslstmt TrEasurer or any Asaiatant Secretary or any Yce President shall have
power and authority to appoint Attomeys-in-Fad,and to authorize them to Execute on behatf of the Company,and attach the
seal of the Company Ehereto,bonds and undertakings,recoynizances,corttrads of indemnity and other writings obiigatory in
the naturo thereof.
The siynature of any authorized officer pnd the seai ot the Company may be a�xed by facsimile or eledronic transmission to
any Power of Attomey or Certification thereof authoriziny the execution and delivery of any bond,undertakinp,rccognizance,
or othtr suretyship obNpations of the Company,and such signaturo and seal when so used shall have the same force and
effsct as though marwaNy t�xtd."
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 25thday of March ,2015 ,
..�.�...,
a�'��*'C 107�/ ��., •��G C ,y..
�`,�•'�t 0/t'• O�i ;O�•`QIPOq•A9.� MERCHANTS BONOING COMPANY(MUTUAL)
,•'��1;'�► �tj,�:p s . �.�0 ./�,y�� MERCHANT3 NATIONAL BONDINCi,INC.
_`:� :a'7 z "'�:�? tn; •
.i-.. -o- .
_�'�: 2t�o3 :.�� ;y 1933 �c: B
"•sd"•��;•• ......°.����� '.J6%�. .••`1a: y ��
STATE OF IOWA •., ��►!� �.�a •. � .•�
COUNTY OF POLK ss. "'���,m.���►a" •••.••• President
On this25thday of March 2015 betore me appeared Larty Taylor,to m�peroonaqy known,who beiny by me d�y swom did
say that he is President of the MERCFL4NTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,tNC.;and
that the sesa�aifixed to the torepang instrument is fhe Corporate Seala of the Companies;snd that the said inatrument was signed and
:ealed in behali of the Companies by authority oi�eir rospective Boards of Diredora.
I�Testimony Whereof,I have hereunto set my hand and affixed my Official Seai at the City of Des Manes,lowa,the day and year
first above written.
��a'"<s WENDY WOODY
> Commission Number 784654
_ °°°' � My Commission Expires
P June 20 2017
Notary Public,Polk County,lowa
STATE OF IOWA
COUNTY OF POLK as.
I, WiHiam Wamer,Jr.,Secretary of the MERCFtANTS BONDING COMPANY(MUTUAI)and MERCHANTS NATIONAL BONDING,INC.,
do hereby certify that tlie above and foropoM►9 Is a We and correct copy of the POWER-OF•ATfORNEY executed by said Compardes,
which is stlA in tull Iora and etfed arxl has not been amended or revoked.
In Witness VVhereof,l have hereunto set my hand and atlixed the seal of the Companiea on
this 31st dayof March , 2015 .
� .�unn. .......
$,,.���,�c�orr,��•,,. .�p�NG cQ'•..
:��;.`p�a,���,00': ��O�DRP09q;°.�y�• 1� �j � � ff�
=��� a'�_ :�:= c�`: ' �G^C�CaeLS+t/ Gi' i1l�Irrl��,
�, -0- '� •z:' -o- o:3� _
�,�ji: 2 0 03 :.�: :y' 1933 ;y• Sec�erary
.• v' 'c.�
POA0014 (7/14) %��'fy'••�••':'�j�a�= ��•bo'k,"�''�\1'��
. •
,~��Npn��.a�N��� •�����•
DATE(MM/DDIYYYY)
A��� CERTIFICATE OF LIABILITY INSURANCE
4/8/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement s .
PRODUCER CONTACT
NAME:
Spectrum Insurance Group GB PHONE .92O-HH4-ZH�JO F"" . 920-884-2851
303 Packerland Dr., Ste C
Green Bay WI 54307 E-MAIL
INSURER S AFFORDING COVERAGE NAIC#
�r,suReRn:�Nest Bend Mutual Insurance Co. 15350
INSURED CARLB-2 - INSURER B:
Carl Bowers&Sons INSURER C:
Construction Co., Inc.
N 1844 Maloney Rd INSURER D:
Kaukauna WI 54130 INSURERE:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 1633485311 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 EFF POLICY EXP LIMITS
LTR INSD NND POLICY NUMBER MM/DD/YYYY MM/DD/YYYY
A X COMMERCIAL GENERAL LIABILITY CPS1844635 01 /1/2015 /1/2016 EACH OCCURRENCE $1,000,000
CLAIMS-MADE �X OCCUR PREM SES Ea occu ence $100,000
MED EXP(Any one person) $5,000
PERSONAL 8 ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY� jE� � LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
A AUTOMOBILELIABILITY CPS184463301 /1/2015 /1/2016 Eaacctlent � L � $1,000,000
X ANY AUTO BODILY INJURY(Per person) $
AUTOS�ED AUTOSULED BODILY INJURY(Per accident) $
NON-OWNED PROPERTY DAMAGE $
HIREDAUTOS AUTOS Peraccident
$
A UMBRELLA LIAB X OCCUR CUS1844635 01 /1/2015 /1/2016 EACH OCCURRENCE $5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED X RETENTION$10,000 $
q WORKERS COMPENSATION CUS1844635 01 /1/2015 /1/2016 X
AND EMPLOYERS'LIABILITY Y�N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N�A E.L.EACHACCIDENT $500,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $500,000
If yes,describe under
DESCR�PTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000
DESCRIPTION OF OPERATIONS/LOCA7IONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
City of Oshkosh, and its o�cers,council members, agents, employees and authorized volunteers are included as Additional Insureds per the
attached endorsements: CG2037, CG2010X,and W61482 Blanket Additional Insured Endorsements. 39 day notice of cancellation applies
subject to State of WI insurance laws
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS.
City Clerk
215 Church Ave, P O Box 1130 AUTHORIZED REPRESENTATIVE
Oshkosh WI 54903-1130 ������
OO 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRA,CTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABPLITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)Or Organization(s):
Location And Description Of Completed Operations
Informatfon required to complete thfs Schedule, if not shown above,will be shown in the Deciarations.
Section II — Who is An Insured !s amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for"bodily injury"or"property dam-
age" caused, in whole or (n part, by "your work" at
the locatfon designated and described i� the sched-
ule of this endorsement performed for that additionai
insured and included fn the "products-comp�eted
operations hazard".
CG 20 37 07 04 �ISO Properties, Inc.,2004 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS -- SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s)Or Organization(s):
Location(s)of Covered Operations:
informat(on required to complete this Schedule, if not shown above,will be shown in the Declarations.
A. Section il —Who Is An {nsured is amended to a. The preparing, approving, or failing to
include as an additional insured the person(s) or prepare or approve maps, drawings,
organization(s) shown In the Schedule, but only opinfons, �eports, surveys, change orders,
with respect to liability for"bodily injury", "property designs or specifications;and
damage" or "personal and advertising injury" � b. Supervisory, inspection, or engineering
caused, (n whole or in part, by: seroices.
1. Your acts or omissions;or B. With respect to the insurance afforded to these
2. The acts or om(ssions of those acting on your additional insureds, the following additional ex-
behalf; clusion applfes:
tn the performance of your ongoing operatlons This insurance does not appfy to"bodily inJury"or
for the additionai insured(s) at the location(s) "property damage"occurring after:
designated above. There is no coverage for 1. All work, including materials, parts or equip-
the additional insured for "bodily (njury", ment furndshed in connection with such work,
"property damage" or "personal and advertis- on the project (other than service, mainte-
(ng injury"arising out of the sole negligence of nance or repairs) to be performed by or on
the additional insured or by those acting on behalf of the additfonal insured(s) at the loca-
behalf of the additional insured. tlon of the covered operations has been com-
If the name of the person or organlzation pleted;or
stated above (ncludes any architect, engineer 2, That portion of "your work" out of whlch the
or surveyor,the foilowing applies: injury or damage arlses has been put to its
The insurance with respect to such archf- fntended use by any person or organfzation
tects, engineers, or surveyors does not other than another contractor or subcontractor
apply to"bodily injury,""propetty damage," engaged in pertormfng operations for a princi-
or"personal and advertising injury"arising pai as a part of the same project.
out of the rendering of or the failure to
render any professionai services by or for
you,(ncluding:
Contains material copyrighted by ISO,with its permission.
CG 2010 X 07 04 West Bend Mutual Insurance Company Page 1 of 2
West Bend,Wisconsin 63095
If a wr(tten contract between you and the addi- If any of the other insurance does not permft
tional insured specifically requires that this insur- contribution by equal shares,we will contribute by
ance be primary, then the insurance afforded by limits. Under this method,each insurer's share is
this endorsement ls primary insurance and we based on the ratio of its applicable limit of insur-
w(II not seek contribution from any other insur- ance to the total applicable Ifm(ts of insurance of
ance available to the additional insured named in all Insurers,
this schedule unless the other Insurance is pro- If no contract between you and the additfonal in-
vided by a contractor other than the named (n- sured requfres that this insurance be primary,
sured. Then we will share with that other fnsur- then the coverage granted to the additional fn-
ance by the method described below. sured under this endorsement shall be excess
If all of the other insurance perm(ts contribution over any other valid and collectible insurance.
by equal shares, we will follow this method also.
Under th(s approach each insurer contributes
equal amounts until it has pald tts appiicabie iimit
of insurance or none of the loss remains, which-
ever comes first.
Copyright, Insurance Services Office, Inc., 1996
Page 2 of 2 West Bend Mutual Insurance Company CG 2010 X 07 04
West Bend,Wisconsin 63095
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - CONTRACTOR'S BLANKET
Th(s endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN tNSURED (Section II) is amended 3. Except when required by written contract or
to(nclude as an additionai Insured any person or written agreement, the coverage provided to
organization whom you are required to add as an the additional tnsured by this endorsement
additional insured on this policy under a wrltten does not apply to:
contract or written agreement. a. "Bodily injury" or "property damage" oc-
The written contract or written agreement must curring after:
be:
(1) All work on the project (other than
1. Currently in effect or becoming effective dur- service, maintenance or repairs) to be
ing the term of thfs policy;and pertormed by or on behalf of the addi-
2. Signed by all partfes to the written contract or tionai insured at the site of the covered
written agreement prlor to the "bodily injury," operations has been completed;or
"property damage," "personal injury and ad- (2) That portion of "your work" out of
vertising InJury." which the injury or damage arises has
B. The Insurance provided to the additional (nsured been put to its intended use by any
is limited as foilows: person or organ(zat(on other than an-
1. That erson or or anization is onl an add(- other contractor or subcontractor en-
P 9 Y gaged in pertorming operations for a
tional insured with respect to liability for"bod- rinci al as art of the same ro ect.
p p P p l
ily inJury", "prope�ty damage'or"personal and b. "Bodily injury" or "property damage" aris-
advertis(ng injury"caused in whole or in part, ing out of acts or omfssfons of the addi-
by' tional insured other than In connectfon
a. Your premises; with the generai supeNision of "your
b. Your negligent acts or omissions in con- work."
nection with"Your work"for that additional 4. The insurance provided to the additional
insured;or insured does not apply to "bodily fnjury,"
However; "property damage," "personal inJury and ad-
a. The insurance afforded to such addltional vertising inJury" arising out of an architect's,
Insured only applies to the extent permit- engineer's, or surveyo�'s rendering of or faii-
ted by law;and ure to render any professfonai services 4n-
cluding;
b, If coverage provlded to the addit(ona) a. The preparing, approving, or falling to
Insured is required by a contract or
agreement,the insurance affo�ded to such prepare or approve maps, shop drawings,
additional Insured wfll not be broader than opinions, reports, surveys, field orders,
that which you are required by the written change orders or drawings and specifica-
contract or written agreement to provide tions; and
such edditfonai insured. b. Supervisory, or inspection activlties per-
2. The L{mits of Insurance applicabie to the formed as part of any related architectural
additional fnsured are those specified in the or engineering activities.
wrltten contract or written agreement or in the
Declarations for this policy, whichever is less.
These Limits of fnsurance are inclusive and
not in addition to the �.irnits of Insurance
shown in the Declarations,
WB 1482 01 13 West Bend Mutual insurance Company Page 1 of 2
West Bend,Wisconsin 53095
This exclusion appiies even if the claims against If no written contract specifically requires
any insured allege negligence or other wrongda primary or noncontributory coverage, then
fng in the supervision, hiring, employment, train- this insurance ls excess and as a condi-
Ing or monitor(ng of others by that insu�ed, if�the tion of coverage, the additional Insured
�occurrence whic�h caused the bodily (njury or shali be obligated to tender the defense
property damage , or the offense which caused and indemnity of every clalm or suft to all
the persona�and advertising injury ,involved the other insurers that may provide coverage
rendering of, or the failure to render, any profes- to the additionai insured, whether on a
sional architectural, engineering or surveying contingent,excess or primary basis.
services.
C. As respects the coverage provided under this �en this insurance is excess, we will
endorsement, Paragraph 4.b. SECTtON IV - have no duty under Coverage A.and Cov-
COMMERCIAL GENERAL LIABILITY CONDI- erage B. to defend the insured against
TIONS (s amended with the add(tion of the fol- any"suiY'if any other insurer has a duty to
lowing: defend the insured against that"suit". If no
other insurer defends,we will undertake to
4. Other Insurance do so, but we wlli be entitled to the in-
b. Excess insurance sured's rights against aii those other in-
This insurance ts excess over:
surers.
Any other valid and coflectibie (nsurance
procured by or on behalf of the additional
insured whether primary, excess, contin-
gent or on any other basis unless a written
contract specifically requires that this in-
surance be either primary or primary and
noncontribuEing. Where requfred by wrft-
ten contract,we wiil consider any other in-
surance procured by the additional in-
sured for injury or damage covered by this
endorsement to be exces� and noncon-
tributing wlth this lnsurance.
Page 2 of Z West Bend Mutual Insurance Company WB 1482 01 13
West Bend,Wisconsin 53095