Loading...
HomeMy WebLinkAboutAdvance Construction contract 19-622 Kienast-Paulus Landfill Gas VentingCONSTRUCTION CONTRACT THIS CONTRACT, made on the [ ( day of. " 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and ADVANCE CONSTRUCTION, INC, 2141 Woodale Avenue, Green Bay, WI 54313, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the Specifications for the Project entitled or described as follows: Public Works Contract No.18-01 for KIENAST-PAULUS LANDFILL GAS VENTING, in the City of Oshkosh, for the Public Works Department, pursuant to Resolution No.19-622 adopted by the Common Council of the City of Oshkosh on the loth day of December, 2019, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this CONTRACT shall be commenced and the work completed within the time limits specified in the Special Conditions and/or CONTRACTOR's Proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the CONTRACT the sum of Eight Hundred Forty Eight Six Hundred Seventy Three Dollars ($848,673), adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price' basis, the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the CONTRACT the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's Proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the CONTRACT. 1:\Engmeeri g\2018 CONTRACTS\18a1 Memst-Paulus UNProocl_WormaWn\Cons 0 Page 1 of 3 mm\Contmctor{omuRant Agreements\Advance\18-01 Advanm Cmu:t Contract 12-16-19.d= (b) Progress Payments. In the event the time necessary to complete this CONTRACT is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims, and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, his/her agents or assigns, his/her employees, or his/her subcontractors related however remotely to the performance of this CONTRACT or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's Specifications, including Addenda, or Plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self-insurance maintained by the City of Oshkosh, its officers, council members, agents, employees, or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this CONTRACT, or the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This CONTRACT consists of the following component parts, all of which are as fully a part of this CONTRACT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The CITY's Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids 6. CONTRACTOR's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover L\Engineering\2f1t8 CONTRACTS\I"l Kienast-Paulus LP\PM1en Woo tlon\Contmct Page 2of3 Info\ContnctorComLdWt Agrmments\Advenm\18-81 Advano: Corot Contcact_72-16-19Aom and shall obtain written clarification from the ENGINEER before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this CONTRACT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD, AND AGREED that the word "CONTRACTOR" wherever used in this CONTRACT means the party of the second part and its/his/her/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this CONTRACT to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his/her or their hand and seal the day and year first above written. In the Presence of: ADVANCE CONSTRUCTION, INC. Y: (Seai-of�ACTOR if asncporation) (Specify Title) (Witness) (Witness) APPROVED: iAttolmey � a By: i�.v It (Specify Title) CITY OF OSHKOSH By: ark A. Rohloff, City Manager F And: Pamela R. Ubrig, City Cl rk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this CONTRACT. ZAq-1� City Comptroll r L\Engineering\201R CONTRACT lMl Memst-Padus U-Wroeclinfonnatn\Contmct Page 3of3 W\Cotnmctor-Comultmn Agreements\Advance\l"l Advan Comt Contmtt12-1619.d= WIC 57725 PAYMENTBOND Contract Number 18-01 Date Bond Executed (Date of Contractor Later) December 18, 2019 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Advance Construction Inc 2141 Woodale Avenue RECEIVED -- Green Bay, WI 54313 DEC 3 0 2019 DEPTOPPU13LI WORKS SURETY(IES) (Legal Name(s) and Business Address(ees)HKOSH, WISCONSIN Merchants Bonding Company (Mutual) 6700 Westown Parkway West Des Moines, IA 50266 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 nRi.TGATIf1N CITY OF OSHKOSH Type of Organization _ Individual —Partnership �( Corporation State of Incorporation Wisconsin Penal Sum of Bond $848,673.00 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract identified above, which is incorporated herein by reference, subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the 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. Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim, demand, lien or suit. Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Advance Construction Inr Name of Principal/Contractor �✓�y' 4 iJ7/_ N� Title Merchants Bonding Company (Mutual) Name of Surety ary Beth Banbeau Attorney in E--act Title MERCHA IS� BONDING COMPANYn POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Mary Beth Baribeau their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually foxed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts. required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 18th day of December , 2019 by . 0(tP A'4 epy : � y�?v\PPOy9 A9s,�; MERCHANTMERCHANTS BONDING NATIONAL BONDING, INC. (MUTUAL) .0. 2003 1933 c: By '•••!fr "' "' 9•,.•• •,X , ' • \� • President STATE OF IOWA •••......••••'' ••' • • •' COUNTY OF DALLAS as. On this this 18th day of December 2019 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. , V-.aOA4 s ALICIA K. GRAM Z ^ Commission Number767430 My Commission E1glires- Rw+P April 1, 2020 Notary Public Public (Expiration of notary's commission - does not invalidate this instrument) - - I, William Warner, Jr., Secretaryof MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING; INC„ do -hereby - certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, whkch is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 18th day of December 21119 . -ZZ ,..... �•pt10Ng4 o •\NO Cps•. O�oi?40L A,4T:pZ� ••O: CrpP 9.O.�9Z.c: _ :act -o- o`:a5:r�'.:_ -o- o: ^'�!G�'�•�,ww+.f/ Fs'�C/�:, 2003 ; p; ' a'• 1933 e. Secretary ' d'••. . '. F • yam'• • •cti. POA 0018 (3/17) • ...... •• WIC 57725 PERFORMANCE BOND RECEIVED CITY OF OSHKOSH Contract Number 18_01 DEC 3 0 2019 DEPT OF PUBLIC Date Bond Executed (Date of Contract or Laterr SNE41¢ b%fSt s PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Advance Construction Inc 2141 Woodale Avenue Green Bay, WI 54313 SURETY(IES) (Legal Name(s) and Business Address(es)) Merchants Bonding Company (Mutual) 6700 Westown Parkway West Des Moines, IA 50266 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 nUT MATTMT Type of Organization —Individual —Partnership X_ Corporation State of Incorporation Wisconsin Penal Sum of Bond $848,673.00 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above, which is incorporated herein by reference. This Bond shall cover any work performed during initial construction and any warranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material tern of the Contract, then the Siuety(ies) obligation under this Bond shall arise after: The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract. Within five (5) business days of the Owner's notice, either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five (5) business days of the request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed a reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any, to subsequently declare the Contractor in default; 2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and 3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the'Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actions: 1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or 5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety s election to perform or complete the Contract itself under Paragraph 2 above, Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. Advance Construction Inc Name of Principal/Contractor /off PRds i D 9.1Y 7- Title Merchants Bonding Company (Mutual) Name of Surety Mary Beth Ba�ibeau Attorney -In -Fact .- Title DATE (MM)DDNYYY) ACC H CERTIFICATE OF LIABILITY INSURANCE 12/23/2019 THIS -CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIW C THIS CERTIFICATE OFINSURANCEDOES NEGATIVELY ALTER NOT CONST TUTE A CONTRACTETWEEN THE R ISSUING AFFORDEDAGE NSURER(S),TPOLICIESHE BELOW. AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). _ PRODUCER NAME: ---- -------- PHONE (262)953-7210 FAX, No).(262)953-7210 R&R Insurance Services Inc No FLAY N14 W23900 Stone Ridge Drive -- ADDaE88 lisa.Hroffitt@rrins.com RECfiNED INSURERS AFFORDING COVERAGE NAIC4 Waukesha WI 53188 INSURER A:SentrY Insurance 24988 q INSUflED C j. � {2 O L019 INSURERS: ... _—_ .. ....—. ___ Advance Construction Inc------ 2141 Woodale Ave (OF PUBLIC WORT,� URERD: ! -- -.. DOSHKOSH, W)SCONS RNSURER E: Green Bay WI 54313 O INSURER F: nCVICIf1N M111dRFR COVERAGES CERTIFICAILNUMULK:+11'v --- -- ---------- HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXCLUSIONS ADDL SUBS POLICY EFF MRD EXP UMRS III TYPE OF INSURANCE POLICY NUMBER MID MMmDIY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,00000 E� _ RD _ D . 000 PREMISES Eamourrerle9 6 500 A CLAIMS -MADE OCCUR A0040142 6/18/2019 6/18/2020 MED EXP(An one person) $ 5,000 CG7021 0918 PERSONAL&ADVINJUAY $ 1,000,000 CG]O30 0413/CG]037 0413 GENERAL AGGREGATE $ 31000,000 GENL AGGREGATE LIMIT APPLIESjS PER: 2, 000, 000 LOC CG2404 0509 PRODUCTS-MWOP AGO S POLICY PRO-E CO JECT ~ CG2001 0413 $ OTHER: MBINED SIN U IT a dent $ 1,000.000 AUTOMOBILE LIABILITY BODILY INJURY (Per person) S A 8 ANY AUTO ALLOWNED SCHEDULED A0040142 6/18/2019 6/18/2020 BODILY INJURY (Per =Idenl) $ PROPERTY DAMAGE $ NON -OWNED X HIRED AUTOS 8 AUTOS -O M7601 0613 P al $ 10,000 8 Hired Phy Dog G0001 1013 Medkal manta 8 UMBRELLA LIAR X OCCUR ^0040142 6/28/2019 6/18/2020 EACH OCCURRENCE $ 10.000 000 EXCESS LIAR CLAIMS -MADE BU7091 0515 AGGREGATE $ 20, 000.000 A a 000 1207 8 BT TUfE ER S DED I X I RETENTION$ 10,000 WORKERSCOMPENSATION E.L. EACH ACCIDENT $ 1,0001000 ANDEMPLOYERS'UABILITY YIN ANY PROPRIETOR"'U"NEWEXECUTNE OFFICERIMEMEER EXCLUDED? � NIA A0040142 006 6/18/2019 6/18/2020 E.L. DISEASE -EA EMPLOYE $ 1,000 000 E.L. DISEASE -POLICY LIMIT $ 1.000.000 A (Mandatary in NH) It yes, describe under DESCRIPTION OF OPERATIONS bebw A Equi77meat A0040142 6/18/2019 9/18/2020 UmB d Insurance 400,000 ILea9ed/Rented um0d Imurarwe 600,000 Installation Coverage i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addidenal Remarks Schedule, may es amehed H more space is required) City of Oshkosh, its officers, Council members, City Contract 18-01, Kienast-Paulus Landfill Gas venting. insured a and non-contributory basis agents, employees or authorized volunteers are additional on primary the General Liability (including ongoing and completed operations), Business Auto, and Umbrella on by written contract. 30-Days Notice of Cancellation policies per forms listed above when required applies BXCept for non-payment Of premium. City of Oshkosh Attn: City Clerk 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE c -- Stehno/LV427 reserved. ACORD ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) 0 CERTIFICATE OF PROPERTY INSURANCE DATE (M WDWYYYY) 1 12/23/2019 IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS THIS CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. If this certificate is being prepared for a party who has an insurable interest In the property, do not use this form. Use ACORD 27 or ACORD 28. PRODUCER CONTNAME:ACT Lisa Proffitt R&R Insurance Services Inc PHONE (262)953-721BSb:(262)933-T210 E-MAIL a.tt@ lisProffirriss.co"A N14 W23900 Stone Ridge Drive AODRE33: -- Waukesha WI 53188 -- PRODUCER 00082852 1cItSTOMESIP;— RECEIVED INSURE S AFFORDING COVERAGEINSURED WSURERA:Sent InsuranceAdvance Construction IIICDEC3 0 2019 INSURERS:2141 tNAIC WOOd81e Ave INSURERC: ERD-- OSHKOSH, WISCOE@g Green Bay WI 54313DEPTOFPUBLICWtI:NSURE R F COVERAGES ucn nri ,.. rvurvror=n.--.-- - LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Blanket Builders Risk 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 LTRI TYPE OF INSURANCE POLICY NUMBER POUCVEFFECTNE DATE(MMIDD/YYM POLICYEXPIRATION DATE(MWDDYYYY) COVERED PROPERTY LIMITS PROPERTY CAUSES OF LOSS BASIC BROAD SPECIAL EARTHQUAKE WIND FLOOD DEDUCTIBLES BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALVE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG S PP E $ E BUILDING s CONTENTS S E E S E E A g INLAND MARINE OF LOSS NAMED PERILS SpedMform TYPE OF POLICY Inland Marine (C) 6/18/2019 6/18/2020 ][ Blanket Buikfals Risk Deductible $ 1 50 O X E 10 0 CAUSES POLICY NUMBER A0040242 S E s CRIME TYPE OF POLICY S E S BOILER & MACHINERY / EOUIPMENT BREAKDOWN $ S S E SPECIAL CONdT10N3 /OTHER COVERAGES (Attach ACORD:Ot, Addalmost Remarks Schedule, N more space Is required) RE: City Contract 18-01, tcienast-Paulus Landfill Gas Venting. Job Cost: $848,673. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Oshkosh Attn: City Clerk AUTHORIZED REPRESENTATIVE 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 [Brad Stehno/LV427 ACORD 24 (2009/09) a i995-2009 ACORD CORPORATION. All rights INS024 (200809) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: A0040142001 COMMERCIAL AUTO CA 76 01 0615 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY - COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. Named Insured: Advance Construction Inc. Endorsement Effective Date: 06/18/2018 SCHEDULE Name Of Person(s) Or Organization(s): Any Additional Insured Where Required By Written Contract Or Written Agreement Executed Prior To A Loss Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in: (1) Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms; or (2) Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 76 01 06 15 A0040142 Middlesex Insurance Company 00001 0000000000 18162 0 N B. Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other auto insurance issued to the person or organization in the schedule under your policy provided that: (1) The person or organization is a Named Insured under such other insurance; and (2) Prior to the "accident' you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person or organization. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2760b41 b9d014b29-bb21-.Wbl5cdb178 Page 1 of 1 06/11/2018 POLICY NUMBER: A0040142005 COMMERCIAL GENERAL LIABILITY CG 2010 04 13 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 crn4Fntll_F Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any Additional Insured Where Required By Written All Jobsites - Work Performed By Named Insured Contract Or Written Agreement Executed Prior To A Loss Description: All Jobsites - Work Performed By Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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. CG 2010 0413 A0040142 Middlesex Insurance Company 1 00001 0000000000 18162 0 N 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: 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. © Insurance Services Office, Inc., 2012 4d6dW34-5362-40aa-a1 ga-888078214320 Page 1 of 2 06/11/2018 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. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 A0040142 06/11/2018 Middlesex Insurance Company POLICY NUMBER: A0040142005 COMMERCIAL GENERAL LIABILITY CIS 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) Or Organization(s) Location And Description Of Completed Operations Any Additional Insured Where Required By Written All Jo sites - Work performed by Named Insured Contract Or Written Agreement Executed Prior To A Loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" 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. CG 20 37 0413 A0040142 Middlesex Insurance Company 1 00001 0000000000 18162 0 N 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. © Insurance Services Office, Inc., 2012 5M6fi90-57a84K0-b3ad-36b06dbd0114 Page 1 of 1 06/11/2018 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 A0040142 Middlesex Insurance Company 1 00001 0000000000 18162 0 N (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 ch d67ac-f48b-4026-aab8.95tc43829ad0 Page 1 of 1 06/11/2018 POLICY NUMBER: A0040142007 COMMERCIAL EXCESS / UMBRELLA EU 70 91 05 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies the coverage provided under the following: COMMERCIAL EXCESS / UMBRELLA COVERAGE PART With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name Of Person Or Organization: Any Additional Insured as required by written contract or written agreement executed prior to loss (If no entry appears above, information required to complete this endorsement will De snown in me veoldfduUi is as applicable to this endorsement.) The following is added to Paragraph H. Other Insurance of Section IV - Conditions: 1. This insurance is primary to and will not seek contribution from any other insurance available to the person or organization shown in the Schedule above, provided that such designated person or organization: a. Is identified as an additional insured in the "underlying insurance"; b. Is a Named Insured under such other insurance; and c. Has agreed with you in a written contract or agreement that: (1) Is signed and effective prior to an "occurrence" to which this insurance applies; (2) This insurance would be primary and would not seek contribution from such other insurance identified in Paragraphs 1.a. and 1.b. above; (4) Affords indemnification and/or defense of the designated person or organization to the extent permitted by law. 2. This condition does not apply to: a. Other insurance, not included in Paragraph 1. above, that may be available to the designated person or organization outside of your written contract or agreement; or b. Liability which: (1) May attach to the designated person or organization and is not assumed by your written contract or agreement; or (2) Is assumed by the designated person or organization under any other written contract assuming the obligations of another. (3) Agrees to indemnify or defend the designated person or organization for liability and damages covered by the "underlying insurance"; and EU 70 91 05 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 A0040142 with its permission. 06/11/2018 Middlesex Insurance Company 0001 0000000000 18162 0 N 6e2M3f9-d9tl9Ab4b-a502-931625508965