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HomeMy WebLinkAboutAl Dix Concrete Contract 20-06. If 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 To: Al Dix Concrete, Inc. 401 Gertrude Kaukauna, WI 54130 LETTER OF TRANSMITTAL Date: March 31, 2020 Subject: Executed Construction Contract Contract 20-06 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 1 1 1 Executed Construction Contract I These are being transmitted as indicated below: ❑ For Approval Remarks: ® For Your Use ❑ As Requested Enclosed is the executed construction contract for Contract 20-06. If you have any questions, please contact us. ❑ For Review & Comment Assistant Finance Director — Copy City Clerk's Office — Original cc: _File — Original Signed: Tracy . T ylor RECEIVED CITY CLERK'S OFFICE 1:\Engineering\2020 CDNTRAM\Z Sidewlk Rehab\Projed_Wonnadon\Contract Wo\Contrador-Comultant Agreements\Al Dix\20-06Al Dix LOT -Ex tedCometContract3- 31-20.d= s CONSTRUCTION CONTRA114 CT THIS CONTRACT, made on the r day of a( 2020, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and AL DIX CONCRETE, INC, party of the second part, hereinafter referred to as the CONTRACTOR, WTTNESSETH: 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. 20-06 for CONCRETE SIDEWALK (NEW & REHABILITATION, in the City of Oshkosh, for the Public Works Department, pursuant to Resolution No. 20-96, adopted by the Common Council of the City of Oshkosh on the 101" day of March, 2020, 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 In. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the CONTRACT the sum of One Million Three Hundred Thirty Thousand Seven Hundred Seventy Nine Dollars ($1,330,779), 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. Convc ConConcowOr t'on\coma Page 1 of 3 I:\Engineering\3t�d COMfRACI'S\20Sidewalk 2oh jd_-11-20.d. Wo\Conmaor-Coredtent AgeemenW\b\Z4U6 Dix ct_ ' (b) Progress Payments. s 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. Current edition of Standard Specifications for City of Oshkosh, Wisconsin 4. Instructions to Bidders 5. Advertisement for Bids 6. CONTRACTOR's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the ENGINEER before proceeding with any work affected thereby. l:\Engineeringr-Co CONTRAreem ta\Sidewalk oestCPm ct_INt TD.d=Contact Page 2 of 3 info\Conivcmr-ComWtan[ Agreements\7.406 Dix Corot Contact_ 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. 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: (Seal of CONTRACTOR if a Corporation) (Witness) (Witness) CONTRACTOR By: 6 (Specify Ti le) c By: $�crG�r'y (Specify Title) CITY OF OSHKOSH By. ,/lC� Maik A. Rohloff, City Manager APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this CONTRACT. "ttorneyL �� City Comptroller I: \ engineering\2020 CONTRACTS\2006 Sidewalk Rebab\Project_1n[0mwtion\Caatrad Info\Contractor-Comultant Agreements\20-06 M Carver ConhaR_31140.dooc Page 3 of 3 Bond # NWI 1635 PAYMENTBOND Contract Number 20-06 CITY OF OSHKOSH ECEIVED MAR 19 2020 Date Bond Executed (Date of Contract or Later) March 11, 2020 DEPT OF PUBLIC WOk KS OSHKncu N.,p11V PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Al Dix Concrete, Inc. 401 Gertrude Street Kaukauna, WI 54130 SURETY(IES) (Legal Name(s) and Business Address(es)) Merchants National Bonding Company 6700 Westown Parkway West Des Moines, IA OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 1-1121 Tf` ATTnXT Type of Organization _Individual _Partnership __X Corporation State of Incorporation Wisconsin Penal Sum of Bond $1,330,799.00 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 fumished 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. Al Dix Concrete, Inc. Name of Principal/Contractor Title *oeres�aen} Merchants National Bonding Name of Surety ; MERCHANT BONDING COMPANY, 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, Brian Christ; Cayden Janse; Darrel Zaleski; Dena M Kawski; Heather Albright; Justin Trepes; Karena Froom; Kim Syverson; Kristin Boevem; Kristina Blaney; Linda D Covey; Lynn Hendrickson; Mary A Kaiser, Hutson Clark; Mary McLennan; Michael LTredt; Richard K Carlson; Shannon B c their true and lawful Attomey(s)-in-Fact, to sign its name as surety0es) 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. By-Lawstuthority of the e under and by v oThs Power�of-AftomeY is granted and is signed and f IDi ectors of Merchants Bond ng Company (Mutual) oPn April 2 , 2011led by 1 a d amended August 14, 2015 and adfollowingoped by the B alyd of Directors by the Board of Merchants National Bonding, Inc., on October 16; 2015. , r or any Assistant Secretary or any Vim President shall have power a nd authority 'The President, Secretary, Treasureror any Assistant Treasure nd attach the seal of the Company thereto, bonds and to appoint Attomeys-In-Fact, and to authorize them to execute on behalf of the Company, a undertakings, recogntzances, 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 fixed In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut horny hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction load that ing to the te Florida nt ortation. It is undem contracts required by the State Floridaf the finals meat o to thspContrador and/or its assignee, shall snot treleve hsSsuretyfcompany D of any of Transportation making payment its obligations under its bond. nt of Highways only, it is agreed that the power and authority hereby given In connection with obligations in favor of the Kentucky Departme prior written personal notice to the Attomey-in-Fact cannot be modified or revoked unless such intent has been given to the Commissioner - modification of Highways of the Commonwealth of Kentucky at least thirty (30) days prior thea or to modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and seated this 4th day of April 2019 , 110N +0 C• PZf A� , ' •��4H"A •+ MERCHANTS BONDING COMPANY (MUTUAL) 'pp...6, y ;•oft Rq� :o^ • qt. U� Hy� y�: MERCHANTS NATIONAL BONDING, INC. G y rn h: _`• 2003 10Z : y: 1933 c: BY •:�%.. :���: • �d�i�......: �.�d•: President STATE OF IOWA "" COUNTY OF DALLAS as. 2019 hefore me appeared Larry Taylor, to me personally known, who being by me duly swam On this this 4th day of April 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 acid instrument was signed and as in behalf of the Companies by authority of their respective Boards of Directors. ,�FRIACS ALICIAK.GRAM o y Commission Nsion Expires `J � ` _ z�r- My Commission E>yires t(� � owP April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby --.l i ll certify that the above and foregoing is a true and coned copy of the POWER-0E-ATTORNEY executed by said Companies which is still u -forceand effect and has not been-amendedror revoked. - - In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of _•a.. a1B fn1-. y�VpPP0���9y�+� -o- Secretary 1933 2003 sag ;y., :•ti: .,�' . vd,;W.• •`lac. POA 0018 (3/17) Bond: NWI1635 PERFORMANCE BOND Contract Number 20-06 Date Bond Executed (Date of Contract or Later) PFCEIVED DEPTOF PUBLIC WORKS OSHKOSH, WISCONSIN March 11, 2020 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Al Dix Concrete, Inc 401 Gertrude Kaukauna, WI 54130 SURETY(IES) (Legal Name(s) and Business Address(es)) Merchants National Bonding 2700 Westown Parkway West Des Moines, IA OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of organization —Individual _Partnership __I Corporation State of Incorporation Wisconsin Penal Sum of Bond $1,330,799.00 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 term of the Contract, then the Surety(ies) obligation under this Bond shall arise after: 1. 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 aeons: 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. Al Dix Concrete Inc. Name of Principal/Contractor Title Merchants National Bonding Name of Surety" MERCHANT BONDING COMPANX> POWER OF ATTORNEY Know All Persons By Thase 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, Brian Christ; Cayden Janse; Darrel Zaleski; Dena M Kawski; Heather Albright; Justin Trepes; Karena Frown; Kim Syverson; Kristin Boevers; Kristine Blaney; Linda D Covey; Lynn Hendrickson; Mary A Kaiser, Brickso Mary nn Clark; Mary McLennan; Michael LTledt; Richard K Carlson; ise 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 insWments 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.the Board This Power-of-Attomey is granted and is signed an sealed leri123a20 11I and amendee under and d August author*, 20of th15 anid adopted by lowing the Board of Directors of Directors of Merchants Bonding Company ( P of Merchants National Bonding, Inc., on October 16, 2016. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vim 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 shag have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hoft 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. nt of Highways only, It is agreed that the power and authority hereby given In connection with obligations in favor of the Kentucky Departme prior written personal notice such intent has been given to the Commissioner - to the Attomey-in-Fact cannot be modified or revoked unless eat thirty (30) days prior to thea modification or revocation. Department of Highways of the Commonwealth of Kentucky at le In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 4th day of April , 2019 - ..PrtP q� �G . = Da�\PP.... MERCHANTS BONDING COMPANY (MUTUAL) C�y..Gp Raj,•• MERCHANTS NATIONAL INC. co T °• 1933 By 2003 '6d,�'•• :��1� • ,��......: L1� President STATE OF IOWA COUNTY OF DALLAS as. On this this at he isPresident of MERCHANTS BONDING COMPANYa(MUTUAL)eared arry dTMERCHANTS NATIONAL BONDING,IINC.; a dethat the duly om did say that day of 'April 2019 before me 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. -ire IA[ S ALICIA K. GRAM o a CoMy Co m ssion e xpires 0 � r z .. My Commission E quires c", ow- Apri11,2020 Notary Public (Expiration of notary's commission does not Invalidate this Instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby of the POWEROF-ATTORNEYexecuted by said Companies, which isstill in full certify that the above and foregoing is a true and correct copy -- 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 day of 410Nq� •.gip\NG ........... e.,. 9 O: APO �y.4pRPOg9T�p2 . y :2 q.Zc Ld <` secretary 2003 POA 0018 (3/17) DATE (MMIDDNYYY) >l`COR CERTIFICATE OF LIABILITY INSURANCE 3111/2020 CONI ERS NO RIGHTS M THE CERTIFICATE HOLDER THIS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY EXTTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, STITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),UT O REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. If the crtcy, certain policies may require an endorsement. A statement on If SUBROGATION IS WAIVED, subject to IMPORTANT: eificate holder is an ADDITIONAL INSURED, the policy(ies) Must': ave ADDITIONAL INSURED provisions or be endorse . the terms tonNnlder inons of the lieu of such endorsement(s). PRODUCER Spectrum Insurance Group GB 303 Packerland Dr., Ste C Green Bay WI 54307 INSURED AI Dix Concrete, Inc. 401 Gertrude Street Kaukauna WI54130 OVERAGES CERTIFICATE NUMtLIST DiDw+ooav THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE CERTIFICATE MAY CH THIS NOTWITHSTANDING OR MAYEO UIIREMETHE INSURNT, TERM ACX NCE CE AFFORDED Y THE PO)NDITION OF ANY ILICIES DESCRIBED CT OR OTHER OHEREIN IS SUBJECT TO ALL O THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. OLICIES LIMITS SHOWN MAY HAVE BEEN REDUCEDF PAID CY CLAIMS. LIMITS _. __...._ rvvYYlI IMMIDO NYYYI TYPEOF INSURI1NGe - r C COMMERCIAL GENERALLIABIIJ Y A01245600 CLAIMS -MADE Efl OCCUR MAR 19 L AGGREGATE LIMIT APPLIES PER: POLICY JECOTI A ILOC A I AUTOMOSILEUASILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY NONAUTOWNED HIRED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR Y EXCESS UAB CLAIMS -MADE DED X RETENTION$ A WORKERS COMPENSATION AND EMPLOYERV LIABILITY Y I N ncFICEDRIM MB RPEXCLU ED7ECUrNE ❑ N 1 A DEPT OF PUBLIC OSHKOSH, WIS( A0124660001 A0124560006 A0124560005 3/1 /2021 3/1/2020 3/1/2021 3l1/2020 3/1/2021 311/2020 I 311/2021 BODILY INJURY (Per person) BODILY INJURY if more apace is requiretl) DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Addilional Remarks Schedule, may be attached Public Works Contrail No. 20-06 authorized inr Auto City Liability.sh, and its and Umbrella Li bi Liability 301day once of cancellationyapplies subject to Wisconsin insurance lawJuded as Additional Insured regarding General Liability, City of Oshkosh Attn: City Clerk 215 Church Avenue P O Box1130 Oshkosh W154903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE POLICY PROVISIONS - NOTICE WILL BE DELIVERED IN S. AUTHORIZED AUTHORIZED REPRESENTATIVE All rignis ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: A0124660001 COMMERCIAL AUTO CA 76 01 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. _ DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY ICOVERAGE COVERED AUTOS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE AUTO DEALERS COVERAGE FORMM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. izations) who are "insureds" for Covered Autos Liability Coverage This endorsement identifies person(s) or organ 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: At Dix Concrete Inc Endorsement Effective Date: 03/01/2019 SCHEDULE Name of Person(s) Or Organization(s): Any Additional Insured where required by written contract executed prior to aloss Information required to complete this Schedule, if not shown A. Each person or organization shown in the B. 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.I. of Section 11 - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms; or tos (2) Paragraph D.2. ofCoverages of the Covered Auto DealersCo Coverage Form. CA 76 01 06 15 A0124660 Middlesex Insurance Company 00002 0000003026 19059 0 N will be shown in the Declarations. 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. 0027020044349960653654130142301 FEBRE77-F798-4716-AE76-78FO794FAFCS Page 1 of 1 02/28/2019 Sentry POLICY NUMBER: A0124560004 ADDITIONAL INSURED - SUPPLEMENTAL DECLARATIONS The following persons or organizations are included as Additional Insureds, but only to the extent provided in the listed endorsement: Any Additional Insured where required by written contract executed prior to a loss Endorsement CG 24 04 05 09, Waiver Of Transfer Of Rights Of Recovery Against Others To Us, applies to this additional insured. The person or organization indicated above is included as an additional insured under the following endorsement(s): CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations Location and Description of Completed Operations: All Jobsites - Work Performed by Named Insured CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization Location of Covered Operations: All Jobsites - Work Performed by Named Insured Job Description: All Jobsites - Work Performed by Named Insured Page 1 of 1 02/28/2019 CG 89 05 1014 A0124660 Middlesex Insurance Company 0027020044348960661554303482075 7 00057 0000003017 19059 0 N 9FD30A20-6a37-49C7-9A84-FEC475a1473D POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURES HEDULEDSP LESSEES PERSON OR R CONTRACTORS ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) to SCHEDULE Location(s) Of Covered Operations 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 inadditional sured 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 A0124560 Middlesex Insurance Company 31 00057 o000003017 19059 0 N B. With respect to the insurance afforded to these heal additional insureds, the following exclusions apply: This insurance does not apply to "bodily injury" or "Property damage" occurring after: I. 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 is injury or damage arises has been p ut to 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 Page 1 of 2 02/28/2019 9FD30A2D-6537-49C7-9AB4-FEC47581473D 0027020044348960661554303482075 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 contractor 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 0413 Page 2 of 2 © Insurance Services Office, Inc., 2012 02128/2019 A0124560 Middlesex Insurance Company POLICY NUMBER: A0124560004 COMMERCIAL GENECRAL G 25104 ABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. _ DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): any location Information required to complete this Schedule, if not shown A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to designated ulo operations ati n"shownn the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations- 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; CG 25 04 05 09 A0124560 Middlesex Insurance Company 67 00057 000000301, 19050 0 N will be shown in the Declarations. b. Claims made or "suits" brought; or C. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location." shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. © Insurance Services Office, Inc., 2008 Page 1 of 2 02/28/2019 BFD30A2D.6B37-4807-9A134-FE0475B7473D oo27020044348960661554303482075 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement, the Definitions Section is ainended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. 04 05 09 Page 2 of 2 ®Insurance Services Office, Inc., 2008 CG 25 02/28t2019 A0124660 Middlesex Insurance company Sentry' POLICY NUMBER: A0124560004 ADDITIONAL INSURED - SUPPLEMENTAL DECLARATIONS The following persons or organizations are included as Additional Insureds, but only to the extent provided in the listed endorsement: Any Additional Insured where required by written contract executed prior to a loss Endorsement CG 24 04 05 09, Waiver Of Transfer Of Rights Of Recovery Against Others To Us, applies to this additional insured. The person or organization indicated above is included as an additional insured under the following endorsement(s): CG 20 37 04 13 Additional Insured - Owners, Lessees Or Contractors - Completed Operations Location and Description of Completed Operations: All Jobsites - Work Performed by Named Insured CG 2010 0413 Ad l Insured n ured - Owners, Lessees Or Contractors - Scheduled Person Organization Location of Covered Operations: All Jobsites - Work Performed by Named Insured Job Description: All Jobsites - Work Performed by Named Insured Page 1 of 1 0212B72019 CG 89 05 10 14 A0124660 Middlesex Insurance Company 7 DD057 0000003017 19059 0 14 0D27020044348960661554303482075 6FWOA2D-6e37-48C7-9Ae4-FEC475e19730 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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 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 A0124560 Middlesex Insurance Company 33 0057 0000003017 19059 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 BFD30A2D-0837-4807-9AB4-FE0475131473D 0027 D20D44348960661554303482078 Page 1 of 1 02/28/2019.