Loading...
HomeMy WebLinkAboutCB&I Contructors, Inc.-Marion Rd Water Tower replacement (16-22) 2017 r CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5065 FAX(920) 236-5068 LETTER OF TRANSMITTAL To: Mr. Michael Allison Date: August 30, 2016 CB&I Constructors,Inc. Subject: Executed Agreement 14109 South Route 59 Marion Road Water Tower Plainfield, IL 60544 Replacement Contract 16-22 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 Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the Marion Road water tower replacement. Please reference Res. No. 16-379 on all of your invoices. If you have any questions, please contact us. Steve Brand—Copy Linda Mohr- Copy — City Clerk's Office — Original cc: ,_,_ Pile — Original Signed: Tra L. Taylor IAEngtneeriNQ016 CONTRACTS116-22 Marion Rd VAr Twr ReptTr*c_InformationlCorrespondenme LOTs{16-22 C991 LOT•ExeWed Agreement 8-30-1S.d= MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH AGREEMENT THIS AGREEMENT is by and between the City of Oshkosh, Wisconsin(Owner) and CB&I Constructors,Inc. , (Contractor). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work is generally described as follows,- The ollows:The project contemplated consists of the demolition of the existing City of Oshkosh 750,000- gallon Marion Road Water Tower and construction of a new 750,000-gallon elevated water storage tank, valve vault, telecommunications equipment shelters, yard piping, and site improvements. 2. ENGINEER 2.1. The Project has been designed by CH2M HILL(Engineer), who 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. 3. CONTRACT TIMES 3.1. Time of the Essence: All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.2. Days to Achieve Substantial Completion and Final Payment: 3.2.1. The Work shall be substantially completed within 670 days from the date when the Contract Times commence to run as provided in Paragraph 1.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 730 days after the date when the Contract Times commence to run. PW/DEN001/653513 AGREEMENT JUNE 16, 2016 0052 13 - 1 ©COPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH 3.3. Days to Achieve Substantial Completion of Milestone(s): 3.3.1. The Work necessary to achieve the Milestone(s), as identified in Section 00 73 00, Supplementary Conditions, shall be substantially completed within 670 days from the date when the Contract Times commence to run as provided in Paragraph 1.01 of the General Conditions. 3.4. Liquidated Damages: 3.4.1. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph Contract Times above, plus any extensions thereof allowed in accordance with Article 11 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 Five Hundred Dollars ($_500.00 } for each day that expires after the time specified herein for Substantial Completion until the Work is substantially complete. 4. CONTRACT PRICE 4.1. Owner will pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current finds equal to the sum of the amounts determined pursuant to the following: 4.1.1. Lump Sum: For all Work a lump sum of: Three Million Six Hundred Twenty Four Thousand Dollars (Words) and No1100------------------------- Cents $ 3,624,000.00 (Words) (Figures) 4.1.1.1. All specific cash and contingency allowances are included in the above lump sum price and have been computed in accordance with Paragraph 13.02 of the General Conditions. AGREEMENT PW/DEN001/653513 0052 13 -2 JUNE 16, 2016 OO COPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH 5. PAYMENT PROCEDURES 5.1. Submittal and Processing of Payments: Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.2. Progress Payments and Retainage: Owner will make progress payments on account of the Contract Price on the basis of Contractor's Application for Payment on the date of each month as established in the preconstruction conference during performance of the Work as provided herein. All such payments will be measured by the Schedule of Values established as provided in Paragraph 2.05.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed)or, in the event there is no Schedule of Values, as provided in the General Requirements. 5.2.1. 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 15.01 of the General Conditions: 5.2.1.1. Ninety five 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, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage. 5.2.1.2 Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to ninety-five percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 15.03 of the General Conditions and less ten 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. 5.3, Final Payment: 5.3.1. Upon final completion and acceptancc ofthe Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price. 6. INTEREST 6.1. All monies not paid when due as provided in Article 15 of the General Conditions shall bear interest at the rate of one percent per month. PW/DEN001/653513 AGREEMENT JUNE 16, 2016 0052 13 - 3 CCOPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH 7. CONTRACTOR'S REPRESENTATIONS 7.1. In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 7.1.1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 7.1.2. 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. 7.1.3. 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. 7.1.4. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities)which have been identified in the Supplementary Conditions as provided in Article 5 of the General Conditions. 7.1.5. Contractor does not consider that any 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. 7.1.6. 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. 7.1.7. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 7.1.8. 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. 7.1,9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work, AGREEMENT PWIDEN001/653513 00 52 13 - 4 JUNE 16, 2016 ©COPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH 8. CONTRACT DOCUMENTS 8.1. Contents: 8.1,1. The Contract Documents that are associated with this Agreement(except as expressly noted otherwise) consist of the following: 8.1.1.1. This Agreement. 8.1.1.2. Performance Bond. 8.1.1.3. Payment Bond. 8.1.1.4, General Conditions. 8.1.1.5. Addenda. 8.1.1.6. Supplementary Conditions, 8.1.1.7. Specifications as listed in the table of contents of the Bidding Documents. 8.1.1.8. Drawings consisting of 43 sheets with each sheet bearing the following general title: Marion Road Water Tower Replacement. 8.1.2. Exhibits to this Agreement: 8.1.2.1. Contractor's Bid. 8.1.2.2. Documentation submitted by Contractor prior to Notice of Award. 8,1.2.2.1. Disclosure of Ownership. 8.1.3. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 8.1.3.1. Notice to Proceed, 8.1.3.2. Work Change Directives. 8.1.3.3. Change Order(s). PWIDEN001/653513 AGREEMENT JUNE 16, 2016 0052 13 - 5 OCOPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH 8.2. The Contract Documents are complementary; what is required by one is as binding as if required by all. In the event 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 which follows it numerically except as may be otherwise specifically stated. 8.3. There are no Contract Documents other than those listed above in this Article. 8.4. The Contract Documents may only be amended, modified, or supplemented as provided in Article 3 and Article I 1 of the General Conditions. 9. MISCELLANEOUS 9.1. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions, 9.2. Successors and Assigns: 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. 9.3. Severability: 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 the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.4. Assignment of Contract: 9.4.1. No assignment by a party hereto of any rights under or interests in the Contract shall 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 shall release or discharge the assignor from any duty or responsibility under the Contract Documents, AGREEMENT PW/DEN001/653513 0052 13 - 6 JUNE 16, 2016 ©COPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpoint each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on August is, 2016 (which is the Effective Date of the Agreement). Signed for in behalf of the City of Oshkosh CONTRACTOR: CB&I Constructors,Inc. Mark A. Rohloff, City Manager By: 1?attel , Cit let Michael S.Allison Title: Business Development Manager t [CORPORATE SEAL] See Attached Resolution n orenson, ty Attorney Attest: . Trish Karr Title: Administrative Assistant Address for giving notices: Trena Larson, Director of Finance 14109 South Route 59 I hereby certify that the necessary Plainfield,IL 60544 provisions have been made to pay the liability which will accrue under this License No. NIA contract. (Where applicable) Agent for service or process: C T Corporation System 44 E.Mifflin Street,Madison,WI 53703 (If Contractor is a corporation or a partnership, attach evidence of authority to Sign.) See Attached Resolution END OF SECTION PW/DEN001/653513 AGREEMENT JUNE 16, 2016 0052 13 - 7 CO COPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT AUG 16 2016 CITY OF OSHKOSH ) 1'PT O i'UBLIC GVORKS PERFORMANCE BOND FORM Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name and Address): (Name and Address of Principal Place of Business): CB&I Constructors,Inc. Federal Insurance Company 14109 South Route 59 15 Mountain View Road Plainfield, IL 60544 Warren, NJ 07059 OWNER(Name and Address): City of Oshkosh,Wisconsin City Hall,215 Church Avenue Oshkosh,WI 54901 CONTRACT Date: August 15,2016 Amount: $3,624,000.00 Description(Name and Location):Marion Road Water Tower Replacement,City of Oshkosh BOND Bond Number: 82394525 Date(Not earlier than Contract Date): August 15, 2076 Amount: $3,624,000.00 Modifications to this Bond Form: NSA Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Company: C�/ onstr tors,Inc. Signature: e(Seal) Federal Insurance Company (Seal) Name and Tit16 See Attached Resolution Surety's Na. e and Corporate Seal Michael Allison �vi Business Development Manager By: k-,' tl Signature and Title Anoop Chawla Adlakha,Attorney In Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required.) 4andTitle AttestSignaNaomi Harris, Witness as to Surety PW/DEN001/653513 PERFORMANCE BOND FORM JUNE 15, 2016 00 61 13.13 - 1 CO COPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Sea[) (Sea[) Name and Title Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title PERFORMANCE BOND FORM PW/DEN001/653513 00 61 13.13 -2 JUNE 15, 2016 ©COPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH 1. Contractor and Surety,jointly and severally,bind 4.3. Obtain bids or negotiated proposals from themselves,their heirs,executors,administrators, qualified contractors acceptable to Owner for a successors,and assigns to Owner for the performance contract for performance and completion of the of the Contract,which is incorporated herein by Contract,arrange for a contract to be prepared for reference. execution by Owner and Contractor selected with Owner's concurrence,to be secured with 2. If Contractor performs the Contract,Surety and performance and payment bonds executed by a Contractor have no obligation under this Bond, qualified surety equivalent to the bonds issued on except to participate in conferences as provided in the Conti-act,and pay to Owner the amount of Paragraph 3.1. damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by 3. If there is no Owner Default,Surety's obligation Owner resulting from Contractor Default;or under this Bond shall arise after: 4.4. Waive its right to perform and complete, 3.1, Owner has notified Contractor and Surety,at arrange for completion,or obtain a new contractor the addresses described in Paragraph 10 below, and with reasonable promptness under the that Owner is considering declaring a Contractor circumstances: Default and has requested and attempted to arrange a conference with Contractor and Surely 1. After investigation,determine the to be held not later than 15 days after receipt of amount for which it may be liable to Owner such notice to discuss methods of performing the and,as soon as practicable after the amount Contract.If Owner,Contractor and Surety agree, is determined,tender payment therefor to Contractor shall be allowed a reasonable time to Owner;or perform the Contract,but such an agreement shall not waive Owner's right,if any,subsequently to 2. Deny liability in whole or in part and declare a Contractor Default;and notify Owner citing reasons therefor. 3.2. Owner has declared a Contractor Default 5, If Surety does not proceed as provided in and formally terminated Contractor's right to Paragraph 4 with reasonable promptness,Surety shall complete the Contract. Such Contractor Default be deemed to be in default on this Bond 15 days after shall not be declared earlier than 20 days after receipt of an additional written notice from Owner to Contractor and Surety have received notice as Surety demanding that Surety perform its obligations provided in Paragraph 3.1;and under this Bond,and Owner shall be entitled to enforce any remedy available to Owner.if Surety 3.3. Owner has agreed to pay the Balance of the proceeds as provided in Paragraph 4.4,and Owner Contract Price to: refuses the payment tendered or Surety has denied liability,in whole or in part,without further notice 1. Surety in accordance with the terms of Owner shall be entitled to enforce any remedy the Contract; available to Owner. 2. Another contractor selected pursuant to 6. After Owner has terminated Contractor's right to Paragraph 4.3 to perform the Contract. complete the Contract,and if Surety elects to act under Paragraph 4.1,4.2,or 4.3 above,then the 4. When Owner has satisfied the conditions of responsibilities of Surety to Owner shall not be Paragraph 3,Surety shall promptly and at Surety's greater than those of Contractor under the Contract, expense take one of the following actions: and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. 4.1. Arrange for Contractor,with consent of To a limit of the amount of this Bond,but subject to Owner,to perform and complete the Contract;or commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the 4.2. Undertake to perform and complete the Contract,Surety is obligated without duplication for: Contract itself,through its agents or through independent contractors;or PW/DEN001/653513 PERFORMANCE BOND FORM JUNE 15, 2016 00 61 13.13 - 3 ©COPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH 6.1. The responsibilities of Contractor for 10.Notice to Surety,Owner,or Contractor shall be correction of defective Work and completion of mailed or delivered to the address shown on the the Contract; signature page. 6.2. Additional legal,design professional,and 11.When this Bond has been furnished to comply delay costs resulting from Contractor's Default, with a statutory requirement in the location where the and resulting from the actions or failure to act of Contract was to be performed,any provision in this Surety under Paragraph 4;and Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions 6.3. Liquidated damages,or if no liquidated conforming to such statutory requirement shall be damages are specified in the Contract,actual deemed incorporated herein.The intent is that this damages caused by delayed performance or non- Bond shall be construed as a statutory bond and not performance of Contractor. as a common law bond. 7. Surety shall not be liable to Owner or others for 12.Definitions. obligations of Contractor that are unrelated to the Contract,and the Balance of the Contract Price shall 12.1.Balance of the Contract Price:The total not be reduced or set off on account of any such amount payable by Owner to Contractor under the unrelated obligations.No right of action shall accrue Contract atter all proper adjustments have been on this Bond to any person or entity other than made, including allowance to Contractor of any Owner or its heirs,executors,administrators,or amounts received or to be received by Owner in successors. settlement of insurance or other Claims for damages to which Contractor is entitled,reduced 8. Surety hereby waives notice of any change, by all valid and proper payments made to or on including changes of time,to Contract or to related behalf of Contractor under the Contract. subcontracts,purchase orders,and other obligations. 12.2.Contract:The agreement between Owner 9. Any proceeding,legal or equitable,under this and Contractor identified on the signature page, Bond may be instituted in any court of competent including all Contract Documents and changes jurisdiction in the location in which the Work or part thereto. of the Work is located and shall be instituted within two years after Contractor Default or within two 12.3.Contractor Default:Failure of Contractor, years after Contractor ceased working or within two which has neither been remedied nor waived,to years after Surety refuses or fails to perform its perform or otherwise to comply with the terms of obligations under this Bond,whichever occurs first. the Contract. If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation 12.4.Owner Default:Failure of Owner,which has available to sureties as a defense in the jurisdiction of neither been remedied nor waived,to pay the suit shall be applicable. Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY—Name,Address and Telephone Aon Risk Services Southwest, Inc. Surety Agency or Broker 5555 San Felipe, Suite 1 500 Houston, Owner's Representative(engineer or other party) 77058 832.476.80000 0 END OF,SECTION PERFORMANCE BOND FORM PW/DEN001/650630 00 61 13.13 -4 JUNE 15, 2016 OO COPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH ol 1131,1"c�j `IN PAYMENT BOND FORM Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name and Address): (Name and Address of Principal Place of Business): CB&I Constructors,Inc. 14109 S.Route 59 Federal Insurance Company Plainfield,IL 60544 15 Mountain View Road Warren, NJ 07059 OWNER(Name and Address): City of Oshkosh,Wisconsin City Hall,215 Church Avenue Oshkosh,W154901 CONTRACT Date: August 15,2016 Amount: $3,624,000.00 Description(Name and Location):Marion Road Water Tower Replacement,City of Oshkosh BOND Bond Number: 82394525 Date(Not earlier than Contract Date): August 15, 2016 Amount: $3,624,000.00 Modifications to this Bond Form: N/A Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Company: C� Mstc ors,Inc. Signature: � f(Seal) Federal Insurance Company (Seal) Name and Titl See Attached Resolution Surety's Name and Corporate Seal Michael S.Allison Business Development By: Manager Signature and Title Anoop Chawla Adlakha, Attorney In Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required.) Attest: Gam^ Signature and Title Naomi Harris, Witness as to Surety PW/DEN001/653513 PAYMENT BOND FORM JUNE 15, 2016 00 61 13.16 - 1 ©COPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title PAYMENT BOND FORM PWIDEN0011650630 00 61 13.16 -2 JUNE 15, 2016 ©COPYRIGHT 2015 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH 1. Contractor and Surety,jointly and severally,bind were furnished or supplied,or for whom the themselves,their heirs,executors,administrators, labor was done or performed;and successors,and assigns to Owner to pay for labor, materials,and equipment furnished by Claimants for 2. Ilave either received a rejection in use in the performance of the Contract,which is whole or in part from Contractor,or not incorporated herein by reference. received within 30 days of furnishing the above notice any communication from 2. With respect to Owner,this obligation shall be Contractor by which Contractor had null and void if Contractor: indicated the claim will be paid directly or indirectly;and 2.1. Promptly makes payment,directly or indirectly,for all sums due Claimants,and 3. Not having been paid within the above 30 days,have sent a written notice to Surety 2.2. Defends,indemnifies,and holds harmless and sent a copy,or notice thereof,to Owner, Owner from all claims,demands,liens,or suits stating that a claim is being made under this alleging non-payment by Contractor by any Bond and enclosing a copy of the previous person or entity who furnished labor,materials,or written notice furnished to Contractor. equipment for use in the performance of the Contract,provided Owner has promptly notified S. If a notice by a Claimant required by Paragraph 4 Contractor and Surely(at the addresses described is provided by Owner to Contractor or to Surety,that in Paragraph 12)of any claims,demands,liens,or is sufficient compliance. suits and tendered defense of such claims, demands,liens,or suits to Contractor and Surety, 6. When a Claimant has satisfied the conditions of and provided there is no Owner Default. Paragraph 4,the Surety shall promptly and at Surety's expense take the following actions: 3. With respect to Claimants,this obligation shall be null and void if Contractor promptly makes payment, 6.1. Send an answer to that Claimant,witli a directly or indirectly,for all sums due. copy to Owner,within 45 days after receipt of the claim,stating the amounts that are undisputed and 4. Surety shall have no obligation to Claimants the basis for challenging any amounts that are under this Bond until: disputed. 4.1. Claimants who are employed by or have a 6.2. Pay or arrange for payment of any direct contract with Contractor have given notice undisputed amounts. to Surety(at the addresses described in Paragraph 12)and sent a copy,or notice thereof, 7. Surety's total obligation shall not exceed the to Owner,stating that a claim is being made under amount of this Bond,and the amount of this Bond this Bond and,with substantial accuracy,the shall be credited for any payments made in good faith amount of the claim. by Surety. 4.2. Claimants who do not have a direct contract S. Amounts owed by Owner to Contractor under the with Contractor: Contract shall be used for the performance of the Contract and to satisfy claims,if any,under any 1. Have furnished written notice to performance bond.By Contractor furnishing and Contractor and sent a copy,or notice Owner accepting this Bond,they agree that all funds thereof,to Owner,within 90 days after earned by Contractor in the performance of the having last performed labor or last furnished Contract are dedicated to satisfy obligations of materials or equipment included in the claim Contractor and Surety under this Bond,subject to stating,with substantial accuracy,the Owner's priority to use the funds for the completion amount of the claim and the name of the of the Work, party to whom the materials or equipment PW/DEN001/653513 PAYMENT BOND FORM JUNE 15, 2016 00 61 13.16 -3 OCOPYRIGHT 2016 CH2M HILL MARION ROAD WATER TOWER REPLACEMENT CITY OF OSHKOSH 9. Surety shall not be liable to Owner,Claimants,or conforming to such statutory requirement shall be others for obligations of Contractor that are unrelated deemed incorporated herein.The intent is that this to the Contract.Owner shall not be liable for Bond shall be construed as a statutory Bond and not payment of any costs or expenses of any Claimant as a common law bond. under this Bond,and shall have under this Bond no obligations to make payments to,give notices on 14.Upon request of any person or entity appearing to behalf of,or otherwise have obligations to Claimants be a potential beneficiary of this Bond,Contractor under this Bond. shall promptly furnish a copy of this Bond or shall permit a copy to be made. 10.Surety hereby waives notice of any change, including changes of time,to the Contract or to 15.Definitions: related Subcontracts,purchase orders and other obligations. 15.1.Claimant:An individual or entity having a direct contract with Contractor,or with a first-tier I I.No suit or action shall be commenced by a subcontractor of Contractor,to furnish labor, Claimant under this Bond other than in a court of materials,or equipment for use in the competent jurisdiction in the location in which the performance of the Contract.The intent of this Work or part of the Work is located or after the Bond shall be to include without limitation in the expiration of one year from the date(1)on which the terms"labor,materials or equipment"that part of Claimant gave the notice required by Paragraph 4.1 water,gas,power,light,heat,oil,gasoline, or Paragraph 4.2.3,or(2)on which the last labor or telephone service,or rental equipment used in the service was performed by anyone or the last materials Contract,architectural and engineering services or equipment were furnished by anyone under the required for performance of the Work of Construction Contract,whichever of(1)or(2)first Contractor and Contractor's Subcontractors,and occurs.If the provisions of this paragraph are void or all other items for which a mechanic's lien may be prohibited by law,the minimum period of limitation asserted in the jurisdiction where the labor, available to sureties as a defense in the jurisdiction of materials,or equipment were furnished. the suit shall be applicable. 15.2.Contract:The agreement between Owner 12.Notice to Surety,Owner,or Contractor shall be and Contractor identified on the signature page, mailed or delivered to the addresses shown on the including all Contract Documents and changes signature page.Actual receipt of notice by Surety, thereto. Owner,or Contractor,however accomplished,shall be sufficient compliance as of the date received at the 15.3.Owner Default:Failure of Owner,which has address shown on the signature page. neither been remedied nor waived,to pay Contractor as required by the Contract or to 13.When this Bond has been furnished to comply perform and complete or comply with the other with a statutory requirement in the location where the terms thereof. Contract was to be performed,any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions FOR INFORMATION ONLY—Name,Address and Telephone on RiskServices Southwest, nc.5555 San Felipe, Suite 1500 Surety Agency or Broker: Houston, TX 77056 Owner's Representative(engineer or other party): Houston, TX 000 END OF SECTION PAYMENT BOND FORM PW/DEN001/650630 00 61 13.16 -4 ,TUNE 15, 2016 OCOPYRIGHT 2015 CH2M HILL Chubb POWER Federal insurance Company Attn: Surety Department OF Vigilant insurance Company 15 Mountain View Road Surety ATTORNEY Pacific indemnity Company Warren,NJ 47059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY, a Wisoonsin corporation do each hereby constitute and a point Anoop Chawla Adlfakho, Margaret Bubcltz, Michael J. Herod, Mylsha Jefferson, y W. Stuckey, Nancy A. Thomas,lupe Tyler,Lisa A.Ward and Stephenle Whittington of Houston"Texas--••• ••-•-•�-----�--•�---- each as their true and lawful Attorney.in•Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety 'theroon or olhonvlso,bonds and undertakings and other writings obligatory In the nature thereof(other than ball bonds)given or executed In the course of kWness,and any Instruments amending or altering the same,and consents W the modiffoation or alteration of any Instrument referred to in said bonds or obligations}. In wttnaa Whereof,said FEDERAL INSURANCE.COMPWY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate wait on this $ dayof December,2014. DaMU.Edwards,Assistant Secretary .Norris,Jr..MclP AM& �tral►,a* STATE OF NEW JERSEY ss. County of Somersel On this a day of December, 2014 before me,a Notary PubUo of Now Jersey,personally came David J.Edwards,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDP-MNnY COMPANY,the companies which executed the foregoing Power of Altomey,and the said David J.Edwards,being by me duly omm,did depose and say that he is Assistant Secrotary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNrfY COMPANY and knows the corporate oasis thereof,that the seats affixed to the foregoing POWmr of Attorney are such corporate seals and were thereto affixed by auttiarfty of the By news of said Companies;and that tie signed said Power ofAHomay as Assistant Secretery ofaaid Companies by like authority;and that he is acquainted with David B.Nords,Jr„and knows him to be Viae Presiders of said Companies;and that the signature of David B.Nonis,Jr., subscribad to said Power ofAttomay Is In the genuine handwriting of David B.Norris,Jr.,and was thereto aubscrlbed by authority of said By.Laws and in deponenrs presence. Notarial Seal KATHERINE J.ADE LAAR �RRY NOTARY PUBLIC OF NEWJI;RSEY rrewrr No.9316685 Crlmmlesion EXpires July 16,2019 Nolaw Public CERTIFICATION Extract from the lay Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attonley for and on behalf of the Company may and then be executed In the name and on behalf of the Company,either by the Chairman or the President or a Vke President or an Assistant Viae Proeidemt,jointly with the:Secretary or an Assistant Secretary, under their respective designations.The a€gnaWre of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President.anyVioe President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seat of the Company may be affixed by facsimile to any pourer of attorney or to any 991W--t0 relating thereto appointing Asalstant Seoratarfas ser Attorneys-in-Fact for purposes only of examUng and atta$Ung bonds arW underfakings and other Writings obligatory In the nature"re of and arty such PQ%w Of atEarrx,y Of oORftale hearing such facelmlle signature or fare€mile seal shah be valid and binding Upon the Company and any such power so executed and certified by such facsimile signature and famlmlla seal shall be valid and binding upon the Company with respect:to arty bond or undertaking to which it Is attached" 1,David J.Edwards,Assistant Secretary of FEDi;RAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNiTY COMPANY(tbo'Companleal do hereby certify that (1) the foregoing extract of the By.Laws of the Companies Is true and correct, (1l) the Companies are duty licensed and authorized to transact surety business in all 60 of the United States of America and the Dishfct of Columbia and are authorized by the U.S.TreavAy Department;further,Federal and Vigilant are licensed In Nte U.S.Virgin Islands,and Federal Is lioonsed in Guam,Puerto Rico,and each of the Provinces of Canada except Prince Edward Island;and (It) Ilia foregoing Power ofAltomey is true,correct and to full force and effect. Given under my hand and sole of said Companies at Virarmn,NJ this AUG 15 2016 l David J.Edwards,Assistant Secretary IN THE WENT YOU WISH TO NOTIFY US OF A GLAIR},VFRtFY TYPE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE OR BY Tai ae8 903-1493 Fox 908 903-3858 eltnzlt:i5MMVAdWbb.com Fam f5.10.42M-U (DEN CONSENT(rev.1244) CERTIFICATION OF RESOLUTION AND AUTHORITY I, Walter G. Browning, do hereby certify that I am the duly-elected and acting Secretary of CB&I Inc., (a/k/a CB&I Constructors, Inc. or CB&I Constructors or CB&I Inc. of Texas), a Texas corporation, (the "Company") and that as such officer I am duly authorized to make this certificate in behalf of that Company. I further certify that by consent in lieu of a meeting dated March b, 2001, as authorized by Texas law, the Board of Directors of said corporation adopted the following resolution in accordance with the By-laws of said corporation: RESOLVED, that the President, any Vice-President, the Treasurer, or any regional sales manager, contracting manager, regional construction manager, manufacturing manager, project manager or business development manager heretofore or hereafter appointed by the Company or any other sales representative as may from time to time be designated by any one of the President, any Vice-President or the Treasurer, is authorized to make bids, prepare quotations and submit and receive proposals for contracts; to negotiate and sign contracts and other agreements, bid bonds, performance bonds, and other related documents; and to otherwise bind and obligate the Company in the conduct of its normal business. I further certify that the foregoing resolution is in full force and effect and that the following are duly designated and have the authority to act on behalf of the Company as outlined above: Drew Rockafcllow Project Manager Richard A.Horn Regional Sales Manager Michael S.Allison Business Development Manager James M. Schleife Business Development Manager Dave Beck Construction Manager James A.Eismann Operations Manager Darles Scheibe Project Manager Shawn Lantis Business Development Manager Lance Jansen Project Manager Bill Pegel Project Manager This certificate shall remain in full force and effect for ninety days from the date it bears, unless sooner revoked, but no such revocation shall be effective as to anyone dealing with any individual named in this certificate in reliance hereon unless written notice of such revocation has been received by the person so relying on this certificate. IN WRNESS WHEREOF, I have herconto set my hand and the seal of CB&I Inc., this day of 20 \Q, . Walter G.Browning, Seotary Corporate Offices; B&I Inc. One CB&I Plaza 2103 Research Forest biive The Woodlands,TX 77380 TE A CERTIFICATE OF PROPERTY INSURANCE6,inm eA8/8/20[6 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.-- If OLDER.-If this certificate is being prepared forparty wh. s ji'%b)abie€nter6st in the property,do not use this form. Use ACORD 27 or ACORD 28, PRODUCER Lockton Companies - - NAAMEr 444 W,47th Street,Suite 900- PNCN o E FA Ne. Kansas City MO 64112-1906 E•MAFL (816)960-9000 ADDRESS: -, �T 0 �.� ��� UR C STOME 14: INSURERS AFFORDING COVERAGE NA1C B INSURED CB&I CONSTRUCTORS,INC. }-'Yjy INSURER A:Zurich Americanlr1 raI1CL'Company 16535 101331 A SUBSIDIARY OF CHICAGO BRIDGE&IRON COMPANY INSURERS: 2103 RESEARCH FOREST DRIVE INSURER C: THE WOODLANDS TX 77380 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) THIS IS TO CERTIFY THAF THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE pOLICY EXPFRATION LTR DATE(MMlDDNYYY) DATE(MMIDD/YYYY) COVERED PROPERTY LIMITS PROPERTY BUILDING $ XXXXXXX CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY $ XXXXXXX BASIC BUILDING BUSINESS INCOME $ XXXXXXX BROAD CONTENTS EXTRA EXPENSE S XXXXXXX SPECIAL NOT APPLICABLE RENTAL VALUE S XXXXXXX EARTHQUAKE 13LANKETBU10ING $ XXXXXXX W;ND BLANKET PERS PROP S XXXXXXX FL00D BLANKET BLDG&PP $ XXXXXXX $ XXXXXXX $ XXXXXXX A X INLAND MARINE TYPE OF POLICY 6/1/2016 6/1/2018 $.. 7,500,000 CAUSES OF LOSS BUILDERS RISK $ XXXXXXX NAMED PERILS POLICYNUMBER $ XXXXXXX OTHER A4BR 45555535-11 $ XXXXXXX CRIME 5 XXXXXXX TYPE OF POLICY NOT APPLICABLE S XXXXXXX $ XXXXXXX DOILER&MACHINERYI 5 XXXXXXX EC11"MENT6REAKDOYIN NOTAPPLICABLE S XXXXXXX A:- _. SPECIAL CONDITIONS I OTHER COVERAGES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) CB&[PN: 195775.PROJECT LOCATION:OSHKOSH WI. CERTIFICATE HOLDER CANCELLATION 165078 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF OSHKOSHACCORDANCE WITH THE POLICY PROVISIONS. 215 CHURCH AVE, OSHKOSH W154903 AUTHORIZED REP SENTATIVE �j14 Forquestlons regarding this caMcale,contact the nw berllsled[a the'Produce/section above am specify the Oentcode^'. OO 1995-2009 ACORD CORPORATION. All rights reserved. ACORD 24(2009109) The ACORD name and logo are registered marks of ACORD ac R CERTIFICATE OF LIABILITY INSURANCE DAre(MMmnrmY) 7/1/2017 8/8/20I6 THIS CERTIFICATE 1S 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(tes)must have ADDITIONAL INSURED provisions or 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-ofsuch endorsement(s). coNrncr PRODUCER Lockton Companies 444 W.47th Street,Suite 900 NAME:PHONE FAX Kansas City MO 64112-1906 E-MAIL t• AIc No ADnREss: (816)960-9000 [( INSURERS AFFORDING COVERAGE NAIL# �r0RI< INSURER A:Indian Harbor Insurance Company 36940 INSURED CB&1 CONSTRUCTORS,INC. } ,CONI,31ll INSURER s: 1307216 A SUBSIDIARY OF CHICAGO W(Jd)8'E'-1N' COMPANY INSURER c 2103 RESEARCH FOREST DRIVE INSURER D: THE WOODLANDS TX 77380 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 14206143 REVISION NUMBER: xxxxxxx 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 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 TYPE OF INSURANCE !ADOL;SUBR; POLICY EFF POLICY EXP LTR O POLICY NUMBER MMIDD MMIDD LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCF $ xxxxxxx DAMAGE TO RENTED CLAIMS-MADE F-1OCCUft F PREMISES Ea occurrence $ xxxxxxx ! MED EXP(Arty one person) S xxxxxxx PERSONAL&ADV INJURY S XXXXXXX GEN'L AGGREGATE LIkIrr APPLIES PER: ! GENERALAGGREGATE s xxxxxxx POLICY 7X PECT LOC PRODUCTS-COMPlOPAGO S XXXXXXX OTHER: i $ AUTOMOBILE LIABILITY I NOT APPLICABLE COMBINED SINGLE LIMIT $ Ea acodenl xxxxxxx ANY AUTO � � BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED AUTOSONLY AUTOS I �� f BODILY INJURY{Peracddent} S xxxxxxx HIRED NON-OWNED ` I PROPERTYDAMAGE AUTOS ONLY AUTOS ONLY i Per accident S XXXXXXX i $ xxxxxxx UMBRELLALIA13 HOCOU I i NOTAPPLICABLB EACH OCCURRCNCE $ xxxxxxx EXCESS LIAB CLAIMS-MADE '�, AGGREGATE $ xxxxxxx DED RETENTIONS s XXXXXXX WORKERS COMPENSATION ! NOT APPLICABLE PER OTH- AND EMPLOYERS'LIABILITY YIN + STATUTE ER ANY PROPRIETORIPARTNEREXECUTIVEi I E.L.EACH ACCIDENT $ xxxxxxx OPHCERIMELIBEREXCLUDED? N/A; (Mandatory In NH) I E.L.DISEASE-EA EMPLOYE S XXXXXXX If yes,describe under RIPTION OF OPERATIONS beAcv E.L.DISEASE-POLICY LIMIT $ XXXXXXX DESC A PROFESSIONAL N N1 CE07446942 7/1/2016 7/1/2017 $1,000,000 PER CLAIM&$,1,000,000 LIABILITY IN THE ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES 1ACORD 101,Additional Remarks Schedule,maybe atiachad if more space Is required) CB&I PN: 195775.PROJECT LOCATION:OSHKOSH WI. CERTIFICATE HOLDER CANCELLATION 14206143 CITY OF OSHKOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 CHURCH AVB. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN OSHKOSH Wl 54903 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORQE0REPRESEN7ATIV ] 'na d ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD .acoRa' CERTIFICATE OF LIABILITY INSURANCE DATEtMFMDONYYY) �-� WI/2017 8/9/2016 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 pollcy((es)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the poliey,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hold J(e'u of such andorsementis), PRODUCER Lockten Companies ' ' CAME 444 W.47th Street,Suite 900 C o Ext: AIC No Kansas City MO 64112-1906 t EMAIL (816)960-9000 } ADORE t�h A -COVERAGE C } ( r S 1}JSURERA: AIG Special lnsurancc Company 26883 INSURED CB&I CONSTRUCTORS,INC. '1 i1 `' INSURER B: 1081154 A SUBSIDIARY OF CHICAGO BRI��,���y}�>�l�t�l��#PANY INSURER C: 2103 RESEARCH FOREST DRIVE THE WOODLANDS TX 77380 INSURER 0: [INURE E INSURER F: COVERAGES * CERTIFICATE NUM13ER: 14206136 REVISION NUMBER: XXXXXXX 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 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 ADDL SUER POLICY EFF P LICY EXP LTR TYPE OF INSURANCE INSO VIVD POLICY NUMBER fMMfDDIYYYYDD LIMITS COMMERCIAL GENERAL LIABELITY EACH OCCURRENCE XXXXXXX CLAIM"ADE❑OCCUR NOT APPLICABLE DAMAGE TO RENTEb PREMISES XXXXXXX Ea Oeourrence MED EXP(Any one ersan XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S XXXXXXX POLICY jLa ❑LOC PRODUCTS-COMPIOPAGG $ XXXXXXX OTHER' S AUTOMOBILE LIABILITY COA361NED SINGLE LIMIT S XXXXXXX NOT APPLICABLE Ea accident ANYAUTO BODILY INJURY(Per person) $ XXXXXXX (Per $SCHEDULED XXXXXXX RUINED ONLY AUTOSAUTOS BODILY INJURY( AUTOS ONLY ATOS OYLY PROPER,DAMAGE $ xXXXXXX $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LfAB CLAIMS-MADE NOT APPLICABLE AGGREGATE S XXXXXXX DEO I I RETENTION$ S WORKERS COMPENSATION _ AND EMPLOYERS'LIABILITY YIN STATUTE LER ANY PROPRIETORrPARTh R!EXECUTNE ❑ NIA NOT APPLICABLE .L.EAcli.acc�DENr g XXXXXXX OFFICERNFUBER EXCLUDED? V M11xxxx (€tandatoryrn" E.L.DISEASE-EAEAAPLOYFE AXX -ra Il7ESCRIP ON OF4F CQERATTQIYS 6elasv E.L.DISEASE-POLICYLIS'iT S XXXXXXX A CONTRACTORS018532961 7/!/2016 7/1/2017 SI,ow,000PEROCCURRENCE :I!n POLLUTION LIABILITY SI,DOO,000 AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is reired) THIS GERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AqquD1 THE POLICY TERM(S)REFERENCED, CB&I PN: 195775.PROJECT LOCATION: OSHKOSH WT.CITY OF OSHKOSH,WISCONSIN,DIXON ENGINEERING,AECOM AND CH2M ARE NAMED AS ADDITIONAL INSUREDS RESPECTS POLLUTION LIABILITY,WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WELL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 14206136 AUTHORIZED REPRESENTATIVE CITY OF OSHKOSH 215 CHURCH AVE. OSHKOSH WI 54903 j lei ACORD 26(2016/03) @1988-2015 ACORD CORPORATION,All rights reserved The ACORD name and logo are registered marks of ACORD Ac R CERTIFICATE OF LIABILITY INSURANCE oaTE(nsrnroomiYr) 7/1/2017 8/9/2016 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of"tl% 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 Lockton Companies -7 ONTACT 444 W.47th Street,Suite 900 PHONE FAX Kansas City NIO 6411.2-1906 EMAIL AIG No (816)960-9000 ADDRESS: INSURERS AFFORDING COVERAGE NAIC U ir,suR_ER A:Greenwich Insurance Company 22322 INSURED CB&I CONSTRUCTORS,INC. �}� t' ) a�C:01A IFlsURERa:XL Special Insurance Com an 37885 1315443 A SUBSIDIARY OF CHICAGO BRTIJIi(Z -kc 'i"PANY INSURER C: 2103 RESEARCH FOREST DRIVE 05 INSURER D: THE WOODLANDS TX 77380 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: L4206133 REVISION NUMBER: XXXXXXX 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 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.LIM3TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. [NSR ADDLTYPE OF INSURANCE IVSD W p POLICYNUMBER MMIOUffYYYY MWOONYX1'Y LIMITS LTR A X COMMERCIAL GENERAL LIABILITY y N CCID7409489 7/1/2016 7/1/2017 EACH OCCURRENCE S 1,000,000 CLAIMS-MADE �OCCUR OAMIIATO RENTED PREMISSES Ea occurrence 5 1.000,000 X BROAD FORAM PD MED EXP(Anyone perm) s 25,000 X CONT.LIAB&XCU PERSONAL 8 ADV INJURY S 2,000,000 GENL AGGREGATE LWIT APPLIES PER. GENERAL AGGREGATE S 2,000,000 POLICY"jE¢ LOC PRODUCTS-COM..PIOPAGG S 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY y N CAD7409490 711/2016 711/2011 0 a$cddeDISINGLE LIMIT $ 1,000,000 ANY AUTO AUTO BODILY INJURY{Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Paracddenl) S XXX AUTOS ONLY AUTOS XXXX X HIRED X NON-OWNED (PROPer7 TYAAh1AGU AUTOS ONLY AUTOS ONLY Per aWdent) S XXXXXXX SxXXXXXX B X UMBRELLA LIAB X OCCUR Y N US00065023LI16A 71WW6 7/1/2017 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS•MADE AGGREGATE S 1.000,000 PEP RETENTION$ $ XXXXXXX WORKERS COMPENSATION PER OTH- B ANO EMPLOYERS'LIABILITY N CWD7409487(AOS) 7/1/2016 7/1/2017 X STATUTE ER B ANY PROPWRIE ETORPARTNEXECUTIVE YfN CWR7409488 7/1/2016 7/1/2017 E.L EACH ACCIDENT S 1,000,000 B OFFICERIM!EMBER EXCLUE FNI N f A INCLUDES STOP GAP (Mandatory In NH) EL.OISEASE-EAEMPLOYEE S 1,000,000 If yes,descrba Lfider DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Addltlonal Remarks Schedule,may be attached if more space Is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATCS FOR THIS HOL DER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERMS)REFEREhCEU, CB&I PN: 195775.PROJECT LOCATION:OSHKOSH WL CITY OF OSHKOSH,WISCONSIN,DIXON ENGINEERING,AECOM AND Cf12M ARE NAMED AS ADDITIONAL INSUREDS RESPECTS GENERAL LTABILITY,AUTO LIABILITY,AND UMBRELLA LIABILITY,WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachments 14206133 t� CITY OF OSHKOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 CHURCH AVE. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN OSHKOSH WI 54903 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTAT �l ©1988 015 ACORN CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CGD7409489 COMMERCIAL GENERAL LIABILITY CG 20 /00413 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) Location(s) Of Covered Operations Or Organization(s) ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR OT THE LOSS EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW information required to complete this Schedule,if not shown above,will he shown in the Declarations. A. 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", "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) designated above. However: I. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: Attachment Code:D517264 Certificate 1D: 14206t33 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 Attachment Code: D517264 Certificate TD: 14206133 POLICY NUMBER: CGD7409489 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Or Organizations Completed Operations Any person or organization to whom or to which you are required to provide additional insured status in a written contractor written agreement executed prior to the loss except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section It 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 the "products- completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Attachment Code:D517263 Certificate TD: 14206133 CG 20 37 04 13 Attachment Code:D517263 Certificate ID: 14206133