HomeMy WebLinkAboutMichels Foundations/Jeld Wen RiverwalkSTANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
ADDENDUM 1
THIS AGREEMENT is by and between City of Oshkosh ("Owner") and
Michels Foundations, Division Of Michels Corporation ("Contracto�").
Owner and Contractor hereby agree as follows:
ARTICLE 1 — WORK
1.01 Contractor shali complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
City Contract 15-24: Riverwalk Construction — Southside Oregon Avenue to Dock Yard
ARTICLE 2 — THE PROJECT
2.01 The Project for which the Work under the Contract Documents for City Contract 15-24: Southside
Riverwalk Construction — Oregon Street to Dockside may be the whole or only a part is generally
described as follows:
City Contract 15-24, RES No, 15-377Je1d-Wen Riverwalk East of Oregon
Partial Award
Work Unit A: -- Riverwalk / Lighting / Storm Sewer / Outfall / Bulkwail Construction Oregon Street
East to Dockside - $1,099,770.75
Alternate 1/ Work Unit B— Oregon Avenue Pedestrian Crossing, Walk Curb Work, Marking and
Electronic Pedestrian Signai - $65,000
Total Partial Award $1,164,770.75
ARTICLE 3 — ENGINEER
3.01 The Project has been designed by AECOM (Engineer), which is to act as Owner's representative,
assume all duties and responsibilities, and have the rights and authority assigned to Engineer in
the Contract Documents in connection with the completion of the Work in accordance with the
Contract Documents.
ARTICLE 4 — CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantiai Completion, and completion and readiness for
final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Dates for Substantial, Final Completion and Final Payment
The work will be substantially completed on or before June 1 2016, Final Completion will be on
or before August 1, 2016. Final Payment will be per project specifications.
1. Two year warranty period to begin starting day of award of final completion.
Standard Form of Agreement
Section No. 00520-1
Contract 15-24: Southside Riverwalk Construction — Oregon Street to Dockside
4.02 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial loss if the Work is not completed within the times specified in
Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the
General Conditions. The parties also recognize the delays, expense, and difficulties involved in
proving in a legal or arbitration 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 2015 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 2015 Standard Specifications for
City of Oshkosh, Wisconsin Section 100.45 for each day that expires after the time specified in
Paragraph 4.02 above for completion and readiness for final payment until the Work is
completed and ready for final payment.
ARTICLE 5 — CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
Paragraphs 5.01.A, below:
A. Contract 15-24 Partial Award
Work Item A: Bid Sum, a sum of: $1,099,770.75
Work Item Alternative B: Bid Sum, a sum of: $65,000
Total Partial Award $1,164,770.75
The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based
on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated
quantities are not guaranteed, and determinations of actual quantities and classifications are to
be made by Engineer as provided in Paragraph 9.07 of the General Conditions.
B. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit.
ARTICLE 6 — PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment approximately every four weeks based on the schedule
provided at the Preconstruction Conference during performance of the Work as provided in
Paragraph 6.02.A.1 below. All such payments wiil 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
Standard Form of Agreement
Section No. 00520-2
Contract 15-24: Southside Riverwalk Construction — Oregon Street to Dockside
Price Work based on the number of units completed) or, in the event there is no schedule of
values, as provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below but, in each case, less the aggregate of payments previously
made and less such amounts as Engineer may determine or Owner may withhold,
including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the
General Conditions.
a. 95 percent of Work completed (with the balance being retainage). If the Work has been
50 percent completed as determined by Engineer, and if the character and progress of
the Work have been satisfactory to Owner and Engineer, then as long as the character
and progress of the Work remain satisfactory to Owner and Engineer, there will be no
additional retainage; and
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments
to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall
determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 10
percent of Engineer's estimate of the value of Work to be completed or corrected as shown on
the tentative list of items to be completed or corrected attached to the certificate of Substantial
Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the
General Conditions, Owner shall pay the remainder of the Contract Price as recommended by
Engineer as provided in said Paragraph 14.07.
ARTICLE 7 — INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the Generai Conditions shall bear
interest at the rate of 1% per month.
ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related
data identified in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and perFormance of the Work.
D. Contractor has carefully studied ail: (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 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 4.06 of the Supplementary Conditions as
containing reliable "technical data."
E. Contractor has considered the information known to Contractor; information commonly known
to contractors doing business in the locality of the Site; information and observations obtained
Standard Form of Agreement
Section No. 00520-3
Contract 15-24: Southside Riverwalk Construction — Oregon Street to Dockside
from visits to the Site; the Contract Documents; and the Site-related reports and drawings
identified in the Contract Documents, with respect to the effect of such information,
observations, and documents on (1) the cost, progress, and performance of the Work; (2) the
means, methods, techniques, sequences, and procedures of construction to be employed by
Contractor, including any specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Contract Documents; and (3) Contractor's safety
precautions and programs.
F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor
does not consider that further examinations, investigations, explorations, tests, studies, or data
are necessary for the perFormance of the Work at the Contract Price, within the Contract Times,
and in accordance with the other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of a�l
terms and conditions for performance and furnishing of the Work.
ARTICLE 9 — CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 520-1 to 520-7, inclusive).
2. Performance bond (pages 610-1 to 610-3, inclusive).
3. Payment bond (pages 615-1 to 615-3, inclusive).
4. Certificate of Insurance (Contractor Insurance with Property Insurance Requirements
5. General Conditions (pages 700-1 to 700-63, inclusive).
6. Supplementary Conditions (pages 800-1 to 810 1 to 810-14, inclusive).
7. Drawings consisting of 44 sheets with each sheet bearing the following general title:
Southside River Walk Construction Orecton Street to Dock Side Citv Contract 15-24
Addendum 1 and 2
8. Specifications as listed in the table of contents of the Project Manual
9. Addenda (numbers 1 to 2, inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid Tabulation.
b. Contractor's Bid Bond
c. Contractor's Signature Page
Standard Form of Agreement
Section No. 00520�
Contract 15-24: Southside Riverwalk Construction — Oregon Street to Dockside
d. Disclosure of Ownership
e. Contractor's Subcontractor List
11. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice to Proceed
b. Work Change Directives.
c. Change Orders.
The Contract documents are complementary; what is required by one is as binding if required by all.
In the event that any provision in any of the above component parts of this contract conflicts with any
provision in any other of the component parts, the provision in the component pait 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.
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
Standard Form of Agreement
Section No. 00520-5
Contract 15-24: Southside Riverwalk Construction — Oregon Street to Dockside
reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Contractors Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices
in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence
the bidding process or the execution of the Contract to the detriment of Owner, (b) to
establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner
of the benefits of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or
without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial,
non-competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or
their property to influence their participation in the bidding process or affect the execution of
the Contract.
10.06 None
Standard Form of Agreement
Section No. 00520-6
Contract 15-24: Southside Riverwalk Construction — Oregon Street to Dockside
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 Auqust 8, 2015 (which is the Effective Date of the Agreement).
OWNER:
of Oshkosh
BY� �•'�Il��---������.
Title: � p�r� '��h i 6�� C��1 �Ctr1 C�(,�P r
J
Attest:
Title:
CONTRACTOR:
Michels Fo ndations Di ' i n of Michels Cor oration
By: cs---
Title: G neral Mana er
(If Contractor is a corporation, a partnership, or a
joint venture, attach evidence of authority to sign.)
Attest: �
Title: Administrative s istant III
Address for giving notices:
16500 West Rogers Drive
e1+o�+. A�� ��� �,� New Berlin, WI 53151
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Title: �'�i'n� �--a���� ��1U-r1 Ge ��� ��C�t License No.: 240616
..�-�
.9.t�est:
Title:
(Where applicable)
NOTE TO USER: Use in those states or other
jurisdictions where applicable or required.
Agent for service of process:
Standard Form of Agreement
Section No. 00520-7
Contract 15-24: Southside Rivervvalk Construction — Oregon Street to Dockside
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......_._ ..._.. ____.
E r �E-f.S C` GO�.'?i.,CT
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CONTRACTOR (name and address):
PERFORMANCE BOND
Michels Foundations, Division of Michels Corporation
817 West Main Street
Brownsville, WI 53006
OWNER (name and address):
City of Oshkosh
215 Church Avenue, P.O. Box 1130
Oshkosh, WI 54903-1130
CONSTRUCTION CONTRACT
SURETY (name and address of principal place of
business):
Continental Casualty Company
333 South Wabash Avenue, 41st Floor
Chicago, IL 60604
Liberty Mutual Insurance Company
5600 New King Street, Suite 360
Troy, MI 48098
Effective Date of the Agreement: August sth, 2015 Amount: $1,164,770.75
Description: City Contract 15-24: Southside Riverwalk Construction — Oregon Street to Dockside
BOND
Bond Number: CCC#929620102 LMIC#013127268
Date (not earlier than the Effective Date of the Agreement of the Construction Contract): August 13th, 2015
Amount: $1,164,770.75
Modifications to this Bond Form: XO None ❑ See 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 PRINCIPAL
Michels
ns, Division of Michels Corporation
(sea/)
Name and �rqorate Seal
By: 1 � I
Sig ture
_�-
� � 5 ���.
Print Name
�� E� �����
Title
Attest:
Signat re
0..�� t7 � Q rr, i h.�95Z .�%
Title
SURETY
Continental Casualty Company &
Liberty Mutual Insurance Company (seal)
Surety's Na and Corporate Seal
By: =���v�
Signature (attach power of attorney)
Christine Eitel
Print Name
Attorney-In-Fact
Titie , %
Attest:
Signature
Kimberly R. Holmes Bond Manager
Title
Nofes: (1) Provide supplemental execution by any additional parties, such as joint venfurers. (2) Any singular
reference to Confracfor, Surety, Owner, or ofher party shall be considered plural where applicable.
EJCDC C-610 — Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
PaQe 1
1. 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 Paragraph 3.
3. If there is no Owner Default under the Construction
Contract, the Surety's obligation under this Bond shall arise
after:
3.1 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
the Owner's notice, request such a conference. If the
Surety timely requests a conference, the Owner shall
attend. Unless the Owner agrees otherwise, any
conference requested under this Paragraph 3.1 shall be
held 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;
3.2 The Owner declares a Contractor Defauit,
terminates the Construction Contract and notifies the
Surety; and
3.3 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 Paragraph 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 Paragraph
3, the Surety shall promptly 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 Owners
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 Paragraph
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, arrange
for completion, or obtain a new contractor, and with
reasonable promptness under the circumstances:
5.4.1 After investigation, determine the amount for
which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make
payment to the Owner; or
5.4.2 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 Paragraph 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
Surety perform its obligations under this Bond, and the Owner
shall be entitled to enforce any remedy availabie to the Owner.
If the Surety proceeds as provided in Paragraph 5.4, and the
Owner refuses the payment or the Surety has denied liability, in
whole or in part, without further notice the Owner shail be
entitled to enforce any remedy available to the Owner.
7. If the Surety elects to act under Paragraph 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:
7.1 the responsibilities of the Contractor for correction
of defective work and compietion of the Construction
Contract;
7.2 additional legal, design professional, and delay
costs resuiting from the Contractor's Default, and resulting
from the actions or failure to act of the Surety under
Paragraph 5; and
7.3 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 Paragraph 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.
EJCDC C-610 — Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 2
10. 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.
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 periods of limitations available to sureties as a
defense in the jurisdiction of the suit shail 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 legal requirement shail 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.
14. Definitions
14.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after ail proper adjustments have
been made including allowance for the Contractor for any
amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of the Contractor
under the Construction Contract.
14.2 Construction Contract: The agreement between
the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the
agreement and the Contract Documents.
14.3 Contractor Default: Failure of the Contractor,
which has not been remedied or waived, to perform or
otherwise to comply with a material term of the
Construction Contract.
14.4 Owner Default: Failure of the Owner, which has
not been remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and
complete or comply with the other material terms of the
Construction Contract.
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 shali
be deemed to be Contractor.
16. Modifications to this Bond are as follows:
EJCDC C-610 — Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Paee 3
E�I�'I�C :=
_ _______ _---_ __
EN ;it.E�R'= }Gi!<7 C: irTR�,:'f
�°�`"'—,;5�"��„"���-_ PAYMENT BOND �
CONTRACTOR (name and address): SURETY (name and address of principal p/ace of
Michels Foundations, Division of Michels Corporation business):
817 West Main Street Continental Casualty Company
Brownsville, WI 53006 333 South Wabash Avenue, 41st Floor
Chicago, IL 60604
OWNER (name and address): City of Oshkosh
215 Church Avenue, Oshkosh, WI 54903-1130
CONSTRUCTION CONTRACT
Effective Date of the Agreement: August 8th, 2015
Amount: $1,164,770.75
Liberty Mutual Insurance Company
5600 New King Street, Suite 360
Troy, MI 48098
Description: CITY CONTRACT 15-24: Southside Riverwalk Construction — Oregon Street to Dockside
BOND
Bond Number: CCC#929620102 LMIC#013127268
Date (not earlier than the Effective Date of the Agreement of the Construction Confract): August 13th, 2015
Amount: $1,164,770.75
Modifications to this Bond Form: X�None �ee 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
Michels Foundations, Division of Michels Corporation
Name and
By: � c�-- i
_�
Sig ature
J am �S ��a�
Print Name
�
(seal)
SURETY
Continental Casualty Company &
Liberty Mutual Insurance Company
(seal)
Seal Surety's N e and Corporate Seal
�
By:
C-ttih ��za.l �'ricz.,-� ��
Title
Attest: �
Signature
�Q- � � Q.6L.7'�i;n. (,L55t // l
�
Title
Signature (attach powerofattorney)
Christine Eitel
Print Name
Attorney-In-Fact
Title `
Attest:
Signature
Kimberly R. Holmes Bond Manager
Title
Notes: (1) Provide supplemental execution by any additional parfies, such as joint venfurers. (2) Any singular
reference to Confractor, Surety, Owner, or other party shall be considered plural where applicable.
EJCDC C-615, Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 1
1. The Contractor 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.
2. If the Contractor promptly makes payment of all sums
due to Claimants, and defends, indemnifies, and
holds harmless the Owner from claims, demands,
liens, or suits by any person or entiry 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 Defauit 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 Paragraph 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 furnished 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
Paragraph 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,
5.1.1 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
furnished materials or equipment
included in the Claim; and
5.1.2 have sent a Claim to the Surety (at the
address described in Paragraph 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 Paragraph 13).
If a notice of non-payment required by Paragraph
5.1.1 is given by the Owner to the Contractor, that is
sufficient to satisfy a ClaimanYs obligation to furnish a
written notice of non-payment under Paragraph 5.1.1.
When a Claimant has satisfied the conditions of
Paragraph 5.1 or 5.2, whichever is applicable, the
Surety shall promptiy 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 obiigations
under Paragraph 7.1 or 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 Paragraph 7.1
or 7.2, the Surety shall 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. The Surety's total obligation shall not exceed the
amount of this Bond, plus the amount of reasonable
attorney's fees provided under Paragraph 7.3, 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 furnishing 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.
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.
EJCDC C-615, Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Paee 2
12. No suit or action shali 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
Paragraph 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 shall 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 requests 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 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
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. The
term Ciaimant also includes any individual or
entity that has rightfully asserted a claim under
an applicable mechanic's lien or similar statute
against the real property upon which the
Project is located. The intent of this Bond shall
be to include without limitation in the terms of
"labor, materiais, or equipmenY' that part of the
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 mechanic's lien may be asserted in
the jurisdiction where the labor, materials, or
equipment were furnished.
16.3 Construction Contract: The agreement
between the Owner and Contractor identified
on the cover page, including all Contract
Documents and all changes made to the
agreement and the Contract Documents.
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:
EJCDC C-615, Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Paee 3
STATE OF ILLINOIS
COUNTY OF DuPaqe
I, Ann Marie Waters Notary Public of Cook County, in the State of
Illinois , do hereby certify that Christine Eitel Attorney-in-Fact, of the
Continental Casualty Company who is personally known to me to be the same
person whose name is subscribed to the foregoing instrument, appeared before
me this day in person, and acknowledged that she signed, sealed and delivered
said instrument, for and on behalf of the Continental Casualty Compan rLfor the
used and purposes therein set forth.
Given under my hand and notarial seal at my office in the City of Lisle in
said County, this 13th day of August A.D., 2015.
��a�/ fmv�J �
(Notary Public) Ann Marie Waters
My Commission expires: 07/05/2017
Notary Seal:
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NOTARY PU6LIC - STA I E OF 1LUPi01S
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of
Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called
"the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint
Karen A Ryan, Harriet R Reilly, William P Weible, William Cahill, Kimberly R Holmes, Melissa Newman, Kimberty
Sawicki, Ann Marie Waters, Christine Eitel, Deborah A Campbell, Leigh Ann Francis, Individually
of Lisle, IL, their irue and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and
all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the insurance companies.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto
affixed on this 2nd day of July, 2015.
�,G��9(r� i �NSURqh, O�vPNrpF
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1897 � HAR�F� • �
Continental Casualty Company
National Fire Insurance Company of Hartford
American Cas lty Company of Reading, Pennsylvania
♦R
Paul T. Bruflat Vice President
State of South Dakota, County of Minnehaha, ss:
On this 2nd day of July, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company,
National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a
Pennsylvania insurance company described in and which executed the above inshument; that he knows the seals of said insurance companies; that the
seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said
insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance
companies.
♦ti►�4MYhcr4�.titiVltirtirtiti4lw �.
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atitititirV Vti'Y'VwVwrw114YMM1ti �
My Commission Expires February 12, 2021
S. Eich otary Public
CERTIFICATE
I, D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an
Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the
Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance
companies printed on the rever e hereof is stiil in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said
insurance companies this _ � day of �(�/,� �{ , �//h .
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Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
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D. Bult Assistant Secretary
STATE OF ILLINOIS
COUNTY OF DuPaqe
I, Ann Marie Waters Notary Public of Cook County, in the State of
Illinois , do hereby certify that Christine Eitel Attorney-in-Fact, of the
Liberty Mutual Insurance Company who is personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared
before me this day in person, and acknowledged that she signed, sealed and
delivered said instrument, for and on behalf of the Libertv Mutual Insurance
Company for the used and purposes therein set forth.
Given under my hand and notarial seal at my office in the City of Lisle in
said County, this 13th day of Auqust A.D., 2015.
C�'���/ ��(1r� G� ' ��
(Notary Public) Ann Marie Waters
My Commission expires: 07/05/2017
Notary Seal:
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Pow�r of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certifcate No. s96�ii3
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation dufy organized under the iaws of the State of Massachusetts; and WestAmerican insurance Company
is a corporation duly organized under the laws of the State of indiana (herein coilectively calied the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Ann Marie Waters; Blanca Townsend; Christine Eitel; Dale A. Reilly; Deborah A. Campbell; Harriet R. Reilly; Karen A. Ryan; Kimberly R.
Holmes; Leiqh Ann Francis; Melissa Newman; Richard T. Morency; William F. Cahill; William P. Weible
all of the city of Lisle , state of IL each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized o�cer or offcial of the Companies and the corporate seals of the Companies have been affixed
thereto this 2sch day of April 2015
PNDCqs�, �SYINS� �NSUq� �pyyNSUy�
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STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
American Fire and Casuaity Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
WestAmerican Insurance Company
By: � �
David M. Care ; Assistant Secretary
On this 28th day of APril , 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and WestAmerican Insurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
��A pqST� COMMONWEALTH OF PENNSYLVANIA �J-� �;G%���Ri
tr �,M�KWf4 !� Notariai Seal �� \
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� � s y Teresa Pastella, Notary Public gy_ �/
oF Plymouth 7wp., Montgomery County Teresa Pastella, Notary Public
q, a�P My Commission Expires March 28, 2017
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�'prp� �g�,��' Member, Pennsylvania Association ot Notaries
This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and WestAmerican insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS - Section 12. Power ofAttorney. Any o�cer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective
powers of attomey, shall have fuli power to bind the Corporation by their signature and execution of any such instruments and io attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the o�cer or o�cers granting such power or authority.
a� ARTICLE Xlil - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
' L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute,
�� seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their
'- v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instrumenis and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such ariomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Compa�ys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said
Companies, is in full force and eHect and has not been revoked. G�
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this L� day of ��i� �' 1 , 20 /J
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�"1 MICHE08 OP ID: HM
A�R� CERTIFICATE OF LIABILITY INSURANCE DATE�MMIDD/YVYY)
09l02/2015
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 endorseme�t. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
weible � Cahi11 NAnne: Hannah Schwartz
2300 Cabot Drive, Suite 100 Pn,"°" o Ext : 630-245-4600 a� No : 630-245-4601
Lisle, IL 60532 A DR'ESS: h.SCI1Wal'fZ weiblecahill.COm
William P. Weible
INSURED Michels Foundations, a
divsion of Michels Corp.
16500 West Rogers Drive
New Berlin, WI 53151
INSURER A: Arch Insurance Company
INSURER B: National Fire 8 Marine Ins Co
INSURER C: Arch Insurance Company
INSURER D: Zurich American insurance Co
INSURER E :
INSURER F :
NAIC #
1150
11150
16535
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COND�TION 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 ADDI. SUB POLICY EFF POLICY EXP
�7R TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MM/DD/YYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ i3OOO,OOO
CLAIMS-MADE � OCCUR X X 41PKG8915306 02/01/2015 02/01/2016 pREMISES Eaoccurrence S 300,00
X XCU Included
MED EXP (Any one person) s 10,00
X Stop Gap Included PERSONAL & ADV INJURY $ i3OOO,OOO
GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ Z,OOO,OO
POLICY � ECT � LOC PRODUCTS - COMP/OP AGG $ Z,OOO,OO
OTHER: 8
AUTOMOBILE LIABILITY EO a�INdeDtSINGLE LIMIT $ 2�000,00
A X ANYAUTO X X 41PKG8915306 02101/2015 02/01/2016 BODILYINJURY(Perperson) $
ALLOWNED SCHEDULED BODILYINJURY Peraccident $
AUTOS AUTOS � )
X HIREDAUTOS X NON-OWNED PROPERTYDAMAGE $
AUTOS Per accident
X MCS-90
S
UMBRELLALIAB X OCCUR EACHOCCURRENCE $ iO,OOO,OO
B X EXCESSLIAB CLAIMS-MADE X X 42XSF10013902 02/01/2015 02/01/2�16 AGGREGATE g ��,��0,0�
DED X RETENTION $ � g
WORKERS COMPENSATION X PER OTH-
AND EMPl.0YER5' LIABILITY STATUTE ER
A ANYPROPRIETORlPARTNER/EXECUTIVE YIN X 41WCI8915106 02/01/2015 02/01/2016 E.L.EACHACCIDENT $ i3OOO,OO
OFFICER/MEMBER EXCLUDED? � N � A
C (Mandatory in NH) 44WCI8915206 (NY ONLY) 02/01/2015 02/01/2016 E.l. DISEASE - EA EMPLOYE $ �,���,���
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ i3OOO,OO
C Builders Risk MBR537239210 02/01/2015 02/01/2016 5,000,000 Any Projec
All Risk 50,000 Deductibl
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: Michels Job# 59859; City Contract 15-24 Riverwalk Construction-
Southside Oregon Ave to Dock Yard. Contract Amount $1,164,770.75 Additional
Insured on General Liability, Auto, Excess and Waiver of Subrogation on
General Liability, Auto, Workers Compensation & Excess: *See Page 2
+Per CG2010 07/04; CG2037 07/04; OOML0087 11/10
CERTIFICATE HOLDER CANCFI 1 eTInN
OSH KO-2
City of Oshkosh
P.O. Box 1130
215 Church Street
Oshkosh, WI 54903-1130
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORI2ED REPRESENTATIVE
���'a-�.-
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 41PKG8915306 COMMERCIAL GENERAL LIABILITY
CG 2U 10 07 04
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 foilowing:
COMMERCIAL GENERAL L�ABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anizatian s: Lacatiar, s Of Covered O erations
Any person or organization for whom you are required in a
written contract or agreement to include as an additional
insured.
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is 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", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exc(u-
sions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, mainte-
nance or repairs) to be performed by or on be-
half of the additional insured(s) at the location
of !he covered operations has been completed;
or
2. That portion of "your work" out oi which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project-
CG 20 10 07 04 OO ISO Properties, Inc.. 2004 Page 1 of 1 �
POLICY NUMBER: 41PKG8915306 COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PAR7
SCHEDULE
Name Ot Additional Insured Person(s) Location And Description Of Completed Opera-
Or Or anization s: tions
Any person or organization for whom you are required All construction ooerations of the named insured where
in a written contract or agreement to include as an required by written contract.
additional insured.
Information re uired to com lete this Schedule, if not shown above, will be shown in the declarations.
Section 11 — Who Is An Insured is 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
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in ihe "products-
completed operations hazard".
CG 20 37 07 04 �> ISO Properties, Inc., 2004 Page 1 of 1 ❑
Policy #41PKG8915306
COMMERCIAL GENERAL LIABILITY
CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The foilowing is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from ary other irsurance available to the
additional insured.
CG 20 01 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER: 41PKG8915306
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY.
NOTICE OF CANCELLATf�N — CERTIFICATE NOLDERS
(SPECIFIED DAYS)
The person(s) or organization(s} listed or described in the Schedufe below have requested that tF�ey
receive written notice of cancelfation when this policy is cancelled by us. We will mail or defiver to the
Person(s} or Organization(s} listed or described in the Schedule a copy of the written notice of
cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 30 days,
except for cancellation for non-payment of premium which will be m�ifed 10 days, prior to the effective
date of the cancellation, to the address or addresses of certificate holders as provided by your broker or
agent.
Schedule
Person(s} or Organization(s) including mailingaddress:
Afl certificate holders where written notice of the cancellation of this policy is required by written
! contract, permit or agreement with the iVamed fnsured and whase names and addresses will be
�provided by the broker or agent listed in the Declaratians Page of this policy far the purposes
of complying with such request.
�
This notification of cancelfation of the policy is intended as a courtesy only. Our failure to provide such
notification to the person(s) or organization(s) shown in the Schedule will not extend any policy
cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle
the person(s) or organization(s) listed or described in the Schedule above ta any benefit, rights or
protection under this policy.
Any provisi on of this endorsement that is in conffict with a statute or rule is here6y amended to conform
to that statute or ru1e.
All other terms and canditions of this policy remain unchanged.
Endorsement Number:
Poficy Number: 41 PKG8 915 3 0 6
'fY�is endorsement is effective on the inception date of this Policy unless otherwise stated herein:
Endorsement Effective Date: 0 2/ 01 / 15
00 ML0087 04 11 10
Page 1 of 1
AUGUST 11, 2015 15-377 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: AWARD BID TO MICHELS FOUNDATIONS FOR JELD-WEN
RIVERWALK EAST OF OREGON ($1,164,770.75)
INITIATED BY: COMMUNITY DEVELOPMENT
WHEREAS, the City of Oshkosh has heretofore advertised for bids for
construction of a bike/pedestrian riverwalk on the south side of the Fox River, east of
Oregon Street; and
WHEREAS, upon the opening and tabulation of bids it appears that the following
is the most advantageous bid:
Michels Foundations
16500 West Rogers Drive
New Berlin, WI 53151
TOTAL BASE BID
HAWK PEDESTRIAN CROSSING
TOTAL BID
$1,099,770.75
$ 65,000.00
$1,164,770.75
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that said partial base bid is hereby accepted and the proper City o�cials are
hereby authorized and directed to enter into an appropriate agreement for the purpose
of same, all according to plans, specifications, and bid on file. Money for this purpose
is hereby appropriated from:
Acct, No. 534-1040-7216-07510 TID #20/ South Shore Redevelopment —
Land Improvements- $1,064,770.75
Acct. No 561-2010-1799-00000 Storm Water Utility -$100,000