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HomeMy WebLinkAboutAcres Group & Oshkosh, Tree Diversification 2017 12,63` i ., i i CC:ity Oshkosh CONTRACTOR AGREEMENT: OSHKOSH NEIGHBORHOOD TREE DIVERSIFICATION PROGRAM CITY OF OSHKOSH THIS AGREEMENT, made on the 6t'' day of APRIL, 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and ACRES GROUP, 610 W LIBERTY STREET,WAUCONDA,IL 60084,hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal I In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts,the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. i ARTICLE II PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (JEFF DUMAS,PROJECT MANAGER,ACRES GROUP) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 htip://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (ELIZABETH WILLIAMS,CITY OF OSHKOSH PLANNER) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the TRE Project titled "OSHKOSH NEIGHBORHOOD mDaI DIVialsERSIFICATION {F hedTasOE h bROGR aM" ed it A. Ifthing in FEBRUARY 4, 2017, and the contractor's bid form an the Bid Form conflicts with the Bid Specifications,the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information s from is ededr by cort e Contractor to aid in the progress of the project,providing it is reasonably obtainable epo To prevent any unreasonable delay in the Contractor's work t{ City eproceed w th work examine lw thin to and other documents and will make any authorizations necessary reasonable time period. ARTICLE VI. TIME OF COMPLETION act shall be completed by no later than OCTOBER The work to be performed under this contr 15,2017. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the per of the contract the sum of$42,885.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. ry B. Method of Payment. The Contractor shall submit itemizedreceipt othly of such stents for statement. If Jany The City shall pay the Contractor within 30 calendar days after statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and s the work et forth in a wined proceeding amendment to this agreement executed by both parties prior to pro g under the subject amendment. ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against ch may in any y be all actions, claims and demands of any kind or character Contractor,his aglents or assigns,has employees by or result from the intentional or negligent acts of the ed or or his subcontractors related however remotely to re ulationa and hall indemnify or refund the performnce of this Contract or be the result from any violation of any law or administrative g City all sums including court costs, attorney fees and punitive damages d which the Ci y mayte b he lilteCityd or adjudged to pay on any such claims or demands within thirty (30) days written demand for indemnification or refund. ARTICLE IX. INSURANCE s an The Contractor shall provide insurance for this project that includes the is attached City ofasOshkosh shkoExhihB additional insured. The contractor's certificate of insurance for this project ARTICLE X. TERMINATION A. For Cause. oblighis If the Contractor shall fail to fulfill in timely and proper manner anment of the wri eno noticed to tt e Agreement, the City shall have the right to terminate this Agree y Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later terminates under raph, then than. 10 calendar days before the termination date.foranysatisfactory work perfohmed tois ghe date of the Contractor shall be entitled to compensationy termination. This document and any specified attachments contain all terms and conditions by both partes Agreement and any alteration thereto shall be invalid unless made in writing, signed and incorporated as an amendment to this Agreement. In the Presence of: CONTRACTOR C, NSULTANT By: (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH � .. , By: ✓✓✓��� Mark A.Rohloff,City Manager ., (W}tne,$). And ilness) Pamela R.Ubrig,City Clerk I hereby certify that the necess- APPROVED: ary provisions hve been made to a a pay the liability which will accrue �v under this contract. -� Ci y Attorney° City Comptroller ,I I� CITY OF OSHKOSH BID PROPOSAL FORM OSHKOSH NEIGHBORHOOD TREE DIVERSIFICATION PROGRAM Page 1 of 2 r � � (bidder's company name) From: �����7 BID PROPOSAL DEADLINE: FRIDAY,MARCH 3,2017 Q 10:00 A.M. Date: Addenda: Receipt of Addenda numbered .._ of are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write"N/A"above. We, the undersigned,propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): BID: v' X 150= $ Unit Price per Street Tree $--L---- 4� Unit Price to Install Street Trees $_ — X 150= $ X 150= $ Unit Price per Potted Tree $_--------- i Price to conduct 3 Tree Care Seminars TOTAL BID: $ L aC,L Pyr (Total Bid Price—in Words) Id ilk t%I15"f fi Warranty Details: f ftLlc`P( � Leh Tt!�'Sr f� ���,}C �Ciik � : V, " ✓iw SIGNATURES Date: 141 17 Name of Company: ' _�� T7✓✓ir�5 ��. Email: Submitted by: (name/title) Address of Company: 61 p �J. t(� ;1,�� `�� Phone: 35 CITY OF OSHKOSH SID PROPOSAL FORM OSHKOSH NEIGHBORHOOD TREE DIVERSIFICATION PROGRAM Page 2 of 2 Company Representative that will be named Project Manager for this project,if awarded the bid: repared this Proposal from the Plans and That I have examined and carefully pthat Specifications and have checked the same in detail before submitting this Proposal; 1' l have full authority to make such statements and submit this Proposal in (its) (their) behalf,and that said statements are true and correct. Signature ,; ,�;° .. Title - ` i i 36 Oshkosh Neighborhood Tree Diversification Program Our bid was based on the average cost for the following anagerSCity Forester can select in the nursery. If so desired, the Landscape Operations from the following trees: Hackberry Ginkgo Locust Coffeetree Swamp White Oak Burr Oak Heritage Oak Linden Elm Buckeye Hickory Catalpa Black Walnut State Street Maple Callery Pear Black Alder Turkish filbert Hophornbeam Serviceberry Tree Lilac Crabapple Amur Macckia Hawthorn Page 1 of 1 BSA Continuing Education Unit (CEU) Report For: Jeffery D. Dumas Customer Service ID: 225215 Certification!®: IL-9216A Jeffery D. Dumas 304 S 7th Ave Saint Charles IL 60174 UNITED STATES Certified Arborist Period of Certification From: 1/20/2014 To: 6/30/2017 Extension Until: 6/30/2017 Credits Date CEU ID Title CEU's Required for Recertification: 30.00 2/5/2016 IL-15-390 Living Dirt 1.50 2/4/2016 IL-15-376 Flowering Trees and Shrubs & Praise for Noble Trees 1.50 2/4/2016 IL-15-382 Battle Royal: Tree vs. Invasive Species 1.50 2/4/2016 IL-15-384 Roots to Reality 1.50 2/3/2016 IL-15-366 Get on the Conservation Bandwagon-There's A Big Market Out 1.50 There! 2/3/2016 IL-15-372 The "New German Style"of Planting 1.50 2/3/2016 IL-15-375 Ecology and Plant Diversity: Factors in the Design of Public 1.50 Green Spaces 1/21/2015 IL-15-070 Green Infrastructure Trees 0.75 1/21/2015 IL-15-071 New Species List and Interactive Selection Tool 0.75 1/21/2015 IL-15-072 Trees and Shrubs in Transportation Design 0,75 1/21/2015 IL-15-073 Specifications and Protection of Trees 0.75 1/21/2015 IL-15-074 Understanding Tree Failure and Avoiding Risk 0.75 1/21/2015 IL-15-075 Utility Roadway and Tree Conflicts 0.75 10/22/2014 IL-14-273 Regional Trees initiative 1:00 10/21/2014 IL-14-270 New Tree Varieties 1.00 10/21/2014 IL-14-271 State of the Nursery Industry- Straight From The Growers- 1.25 Panel Discussion 10/2/2014 IL-14-322 Tree Replacements and Securing Trees in a Nigh Demand 2.00 Market 2/8/2014 IL-14-078 Where Have All the Trees Gone 1.50 2/7/2014 IL-14-075 Beyond the Burlap: Bare Root Planting 1.50 Your Current CEU Total: 23.25 Number of CEU's Needed for Recertification: 6.75 If you have any questions about this report, please e-mail isa(a)isa-arbor.com. http://www.isa-arbor.com/myaccount/mycertification/CEU_ReportPrinter.aspx 3/7/2016 Ac R® 4/5/201177 CERTIFICATE OF LIABILITY INSURANCE DATE DDIYYYY) 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Sonia Karavolos FAX ' Arthur J.Gallagher Risk Management Services, Inc. PHONE630-285-3923AIC -Ne,;630-285-3922 Two Pierce Place EMAIL .Sonia Karavolos@ajg.com Itasca IL 60143-3141 _Karavolos@ajg.com INSURERS AFFORDING COVERAGE NAIC# _ NsuRERA:Westfield Insurance Company 24112 INSURED INSURER B:Accident Fund Insurance Company of 10166 Acres Group INSURER C: 610 W. Liberty St, INSURERD: Wauconda,IL 60084 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 1103411583 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 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 IADn SUER INSD WVD POLICY EFF POLICY EXP LIMITS INSURANCE POLICY NUMBER MM/DDIYYYY IY MMIDDYYY .I A X COMMERCIAL GENERAL LIABILITY Y CMM 4575418 11/22/2016 11/22/2017 EACH OCCURRENCE $2,000,000 DAMAGE TO RENT CLAIMS-MADE 1X_ OCCUR PREMISES Ea occurrence $300,000 MED EXP(Any one person) S CG20D1 X 9n$1 000 PERSONAL&ADV INJURY $2,000,000 X AlAI GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY[7X J PRO-- [X]LOC PRODUCTS-COMP/CP AGG $4,000,000 JECT $ OTHER: DSINGLE LIMIT A AUTOMOBILE LIABILITY CMM 4575418 11/22/2016 11122/2017 Ea aBcidant $1,000;000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY AUTOSA AGE $ AUTOS Per accident $ I A X UMBRELLA LIAD X OCCUR CMM 4575418 11/22/2016 11/22/2017 EACH OCCURRENCE $5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED X` RETENTION$0 _ $ B WORKERS COMPENSATION WCS7500248-02 11/22/2016 11/22/2017 X STATUTE UERH AND EMPLOYERS'LIABILITY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $1,000,000 (Mandatory in NH) --- if yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below A Inland Marine/Equip Floater CMM 4575418 11/22/2016 11/2212017 Limit $100,000 Deductible $2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Oshkosh is shown as an additional insured solely with respect to General Liability coverage as evidenced herein as required by written contract with respect to the work performed by the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Holly A Magrady ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue P.O.Box 1130 AUTHORIZED UREPRESENTATIVE Oshkosh WI 54903-1130 ///•••���---��� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CMM 4575418 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LR SEES OR ORGANIZATION CONTRACTORS - SCHEDULED PERSON o 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) All persons or organizations when you have All Locations agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured. i Information required to complete this Schedule, if not shown above, will be shown in the Declarations. pads or A. Section II -Who Is An Insured is amended to 1 eqU pmentlfurnishednintconnectiion with include as an additional insured the person(s) or organization(s) shown in the Schedule,-but such work, on the project (other thanservice, maintenance or repairs) to be only with respect to liability for"bodily injury", ice, in or on behalf a the obe "property damage" or "personal and adver- performed addi- tional insured(s) at the location of the tising injury" caused, in whole or in part, by: covered operations has been completed; 1. Your acts or omissions;or or 2. That portion of "your work" out of which 2. The acts or omissions of those acting on the injury or damage arises has been put your behalf; to its intended use by any person or Or- in the performance of your ongoing oper- ganization other than another contractor ations for the additional insured(s) at the or subcontractor ub ons Fortarpen a pat ain perfopa rt ofthe location(s) designated above. same project. However: C. With respect to the insurance afforded to 1. The insurance afforded to such additional these additional insureds, the following is insured only applies to the extent per- added to Section III -Limits Of Insurance: mitted by law; and If coverage provided to the additional insured 2. If coverage provided to the additional in- is required by a contract or agreement, the most we will pay on behalf of the additional sured is required by a contract or agree- ment, the insurance afforded to such insured is the amount of insurance: additional insured will not be broader 1. Required by the contract or agreement; than that which you are required by the or contract or agreement to provide for such additional insured, 2. Insurance shown Available under t n the Dec al ations;Limitof B. With respect to the insurance afforded to these additional insureds, the following addi- whichever is less. tional exclusions apply: This endorsement shall not increase the ap- This insurance does not apply to "bodily in- plicable Limits of Insurance shown in the jury" or"property damage"occurring after: Declarations. CG 20 10 0413 0 Insurance Services Office,Inc.,2012 Travelers Casualty and Surety Company of America PAYMENT BOND Hartford, CT 06183 Bond No.: 106584737 SURETY' al status and principal place of business) CONTRACTOR. (Name, leg (Name, legal status and address) Travelers Casualty and Surety company of America Acres Enterprises,Inc. One Tower Square 23940 W.Andrew Road Hartford,CT 06183 Plainfield,IL 60585 OWNER: (Name, legal status and address) City Of Oshkosh 215 Church Avenue,P.O.Box 1130 Oshkosh,WI 54903 CONSTRUCTION CONTRACT Date: April 045 2017 Amount: $42,885.00 Description: (Name and location) Oshkosh Neighbordhood Tree Diversification Program BOND Date: April 04,2017 Construction Contract Dale) (Not earlier than Consim Amount: $42,885-00 None see section 18 Modifications to this Bond: SURETY (Corporate Seat) CONTRACTOR AS PRINCIPAL r rate Seal) Company: Surety Company of America Company: Travelers Casualty and I Acres Enterprises,Inc. Signature: Signature: Name and Title: Delia Ayala Name and Title: (Any addition signatures appear on the lost page of this Payment Bond.) ORAIIA TION ONLY—Naine, address and telephone) (FORINF OWNER'S REPRESENTATIVE: AGENT or BROKER: (Architect,Engineer or other part)'..) Lamb Little&Co. 1101 Lamb, Drive,Ste 500 Schaumburg,IL 60173 847-398-7060 utors, administrators, successors and bind themselves, their heirs, exec d Surety,jointly and severally, e of the Construction The Contractor an equipment furnished for use in the performanc §1 T d Owner to pay for labor, materials an assigns to the own, subject to the following terms. Contract,which is incorporated herein by reference, nts,and defends,indemnifies andh olds harmless the §2 if the Contractor promptly makes payment of all sums due to Claentityaimseeking payme nt for labor, materials or equipment Owner from claims, demands, liens or suits by any persoLn or -..--7 te of Architects Document AM2,2010 has that this document conforms 0 rnericai i Instit The company executing this bond Volt edition rmance of the Construction Contract,then the Surety and the Contractor shall have no obligation furnished for use in the perfo under this Bond. shall 3 If there is no Owner Default under the Co nshuctio ct and the Suact,the serty (at theladdress describigation to the Oedrin Sectioner under homrd arias, arise after the Owner has promptly notified the Contra arson or entity seeking payment for labor, demands,liens or suits against the Owner or the Owner's property io any p 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 Section 3,the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim,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 Cont to ntractor; s were r, equipment was,furnished or supplied or for .1 have furnished a written notice of to p om the materials stating with substantial accuracy the amount claimed and the name of the party da s after having last performed labor or last whom the labor was done or performed, within ninety (90) y furnished materials or equipment included in the Claim;and ,2 have sent a Claim to the Surety(at the address described in Section 13). §5. 2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety (at the address described in Section 13). 6 If a notice of non-payment required by Section 5.n 1 i given by the merit under oownetion 5.1 l r to e Contractor,that is sufficient to satisfy a §Claimant's obligation to furnish a written notice of n p Y 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant,with a copy to the e owner,amounts that are disputed;and r receipt of the Claim, stating the amounts that are undisputed and the basis for challenging afte Y §7.2 Pay or arrange for payment of any undisputed amounts. e dire ti n a Claim,except as to undisputed amounts for twhic 7.1ion or7.3 The Surety's failure to discharge its obligations or under q Section 7.1 or Section 7.2 shall not be deemed to constitute a tions under waiver of defenses the Surety or Contractor mayits Surety and Claimant have reached agreement. Claimant for the reasonable attorney's nails to discharge the Claimant aincu s thereafte•to recover Section 7.2,the Surety shall indemnify t any sums found to be due and owing to the Claimant. Bond shall credited for any payments 8 The Surety's total obligation shall not exceed Boe amountt made in good faith by the Surety. of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this rider an construction performance bond. By the Contrite Construction 9 Amounts owed by the Owner to the Contractor under the}Construction Contract shall be used for the performance oft e Construction Contract and is satisfy claims, if any, and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of 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 othersforobligations of the Contractor that are unrelated to the § make payments to,or give notice on behalf of,Claimants or otherwise 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 P Y 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. The Company conforms to American Institute of Architects Document A312,2010 2 executing this bond vouches that this document edition Claimant er this ther than in a urt of nt on in the §12 No suit or action shall be commenced by a he Construction Conttr c tis located or afterothe expiration of one year from the state in which the project that is the subject oftn which the last labor or date(1) on which the Claimant sent a Claim to the Surety pursuant to Section S.1.2 or 5.2, or(2) the Construction service was performed by anyone or the last if or equipment his Paragraph are voidfurnished bo•prohibit d byrlaw,the mini num Contract,whichever of(1)or(2)first occurs provisions period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. vered to the §13 Notice and Claims to the Surety,the Owner or the t oft not eesor11be Claims,led or however accomplished,address hall shown sufficient page on which their signature appears. ActualP compliance as of the date received. egal §14 When this Bond has been furnished to oompn this Bondwith a aconflicting wihtutory or other lsaid statutory tutoryeot legal rein the q uirement ent shallwhere tbe construction was to be performed, any provision deemed deleted herefi•om and provisions hc o this Bond forming ssuch hall be herein. as atutory or t aestatu ory bond andtnot as a common law bond herein.When so furnished,the intent is t §15 Upon request by any person or entity appearing to oe ato to beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall perm PY e. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant: rials or equipment furnished; .2 the name of the person for whom the labor was done,or mate .3 a copy of the agreement or purchase order tion Contract; pursuant to which labor, materials or equipment was furnished for use in the performance of the Con .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; r labor, .6 the total amount earned by the Claimant received by the Claimantials or 9andnent furnished as of the date of the Clam; .7 the total amount of previous pay ments.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. ractor or with a 16.2 Claimant.An individual or entity having a direct contractof the Construction Contract The term tClaior mant alsohe tincludeactor s with the Cont furnish labor,materials or equipment for use in the performance any individual or entity that has rightfully asseted a claim under an The intent of this Bond shall becable t oinclude without limitation in gainst the the terms real property upon which the Project is located. pment "labor,materials or equipment"that part of atter,ral and engineering se vices gasoline, for performaneeeof theor twork al sof the used in the Construction Contract, Contractor and the Contractor's subcontractors, and a were lfurnished.other Tns for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials o'equipment §16.3 Construction Contract. The agreement betweenthe Owner the Cont ntrpoor identt ified on the cover page, including all Contract Documents and all changes made to the agreement actor as required ay §16.4 owner Default.Failure of the Owner,whichhasn°nb,y With the other mateed or r al terms of the Cthe onst u ri n Contract.der the Construction Contract or to perform and completeP §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 Co e company executing this bond vouches that this document conforms to American Institur. te of Architects Document A312,2010 3 Th p edition §J8 Modifications to this bond areas follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: 'or rate Seal) Company: p /,.. Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 4 edition PERFORMANCE BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 Bond No.: 106584737 SURETY: CONTRACTOR: (Name, legal status and principal place of business) (Name, legal status and address) Travelers Casualty and Surety Company of America Acres Enterprises,Inc. One Tower Square 23940 W.Andrew Road Hartford,CT 06183 Plainfield,IL 60585 OWNER: (Name, legal status and address) City of Oshkosh 215 Church Avenue,P.O.Box 1130 Oshkosh,W154903 CONSTRUCTION CONTRACT Date: April 04,2017 Amount: $42,885,00 Description: (Name and location) Oshkosh Neighbordhood Tree Diversification Program BOND Date: April 04,2017 (Not earlier than Construction Contract Date) jAmount: $42,885.00 None ----� See Section 16 Modifications to this Bond: C X� CONTRACTOR AS PRINCIPAL / SURETY (Corporate Seal) Company: �' (C rpor" Seal) Company. �T.ravglers Casualty and Surety Company America Acres Enterprises,Inc,,T� / rZ Signature: a Signature: Name and Title: Delia Ayala Name and Title: (Any additio al signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, address and telephonOWNER'S REPRESENTATIVE: AGENT or BROKER: Lamb,Little&Co. (Architect, Engineer or other parry:) 1101 Perimeter Drive,Ste 500 Schaumburg,IL 60173 847-398-7060 t §1 The Contractor and Surety,jointly and severally, bindn Contractswhich isemselve , their incorporatedpo ated hereinirs, executors, �bysreferenceuccessors and assigns to the Owner for the performance of the Constructro §2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. hSurety's obligationthis Bond shall arise after §3 If there is no Owner Default under the Construction Cand the Surety that thedowner is considering declaring a A the Owner first provides notice to the Contractor 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 Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition y i Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety fi•om its obligations, except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall 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 Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. §10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related 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 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefiom 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. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of 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 shall be deemed to be Contractor. §16 Modifications to this bond are as follows: ('Space is provided belowfor additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Corpora Seal) Company: (Corporate Seal) Signature: ✓ ,;% Signature: Name and Title: Name and Title: Address: �l �'`Pt ( Address: n 6 POS L1 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3