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HomeMy WebLinkAboutPW CNT 06-08/LaLonde -< t!vf . (J&d.-- CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 11th day of October, 2006, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and LaLonde Contractors, Inc., PO Box 070420, Milwaukee, WI 53207-0420, 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: for Washburn Street concrete paving and utilities, Public Works Contract No. 06-08, pursuant to Resolution 06-297 adopted by the Common Council of the City of Oshkosh 011 the 10th day of October, 2006, 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 General 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 $1,668,597.06, adjusted by any changes as provided in the General Conditions, 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 ! I .4,. (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 General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoevE~r which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his 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. 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. General Conditions 2. Advertisement for Bids 3. Instructions to Bidders 4. Specifications, including any addenda 5. Plans 6. Contractor's Proposal 7. This Instrument 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/their legal representatives, successors and assigns. 2 . ~~''''' ',.. ~ 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 or their hand and seal the day and year first above written. F (S/eaJ of COlJtJactor if a Corporatiq~.) ~~~ LO. ~ (Wit~ (~bL~ ( . ness) ''-''~~ CONTRACTOR Lalonde Contractors, Inc. BY:~~ VICE-PRESIDENT (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: '/J/4~ Richard A. Wollangk, City .,,__.~_'m_. And: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ~~>>o t~~ City Comptroller 3 te: 10/16/2006 Time, 10,29 AM To: Kathy @ 19202365068 Client#: 3801 LAlOCON ACORDnn CERTIFICATE OF LIABILITY INSURANCE Page: 002 PRODUCER Security Insurance Svcs.,lnc. P.O. Box 510925 New Berlin, WI 53151-0925 262 785-9490 DATE (MMft)DIYYYY) 10/16/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURED INSURERS AFFORDING COVERAGE INSURER A: General Casualty Company INSURER B: INSURER C: INSURER D: INSURER E: Lalonde Contractors, Inc. P.O. Box 070420 Milwaukee, WI 53207 NAIG# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVEFORTHE POLICY PERIOD .INDICATED. NOTWITHSTMIDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFiCATE MAYBE ISSUED OR MAY PERTAIN, THEINSURANCEAFFORDED BY THE POLICIES DESCRIBEDHEREIN IS SUBJECTTO ALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TR NSR TYPE OF INSURANCE POLICY NUMBER Po"k+~YE~FEgrIVE LIMITS X E.L EACH ACCIDENT $500 000 E.L DISEASE - EA EMPLOYE $500 000 E.L DISEASE -POLICY LIMIT $500000 A GENERAL LIABILITY CC10421034 X COMMERCIAL GENERAL LIABILITY aAlMS MADE {X] OCCUR 04/01/06 EACH OCCURRENCE DAMAGE TO RENTED 04/01/07 MED EXP (Anyone person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG A OOMBINED SINGLE LIMIT (E a acci dent) LOC 04/01/07 04/01/06 CBA0421034 X ANY AUTO ALL OWNED AUTOS Sa-IEDULED AUTOS X HIRED AUTOS X NONcOWNED AUTOS BODILY INJLlRY (per person) BODILY INJURY (p er accident) AUTO ONLY - EA ACCIDENT $ EA ACC $ PROPERTY DAMAGE (per accident) GARAGE LIABILITY ANY AUTO OTHER THAN AUTO ONLY: A 04/01/06 04/01/07 EACH OCCURRENCE AGGREGATE EXCESSjUMBRELLA LIABILITY CCU0421034 OCCUR D CLAIMS MADE DEDUCTIBLE RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNt:R/EXECUTIVE OFFICER/MEMBER EXCLUDED? Ilyes, describe under SPECIAL PROVISIONS below OTHER CWC0421034 04/01/06 04/01/07 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS job: Public Works Co ntract #06-08 The City of Oshkosh is named additionalinsured for general liability with regard to work perlormed by the named insured. CERTIFICATE HOLDER $1 000,000 $100000 $5 000 $1 000000 $2 000,000 $2 000 000 $1,000,000 $ IS $ AGG $ $5 000 000 $5 000 000 $ IS $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL.--30- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAUL IMPOSE NO OBLIGATION OR LIABILITY OF ANY K.IND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ::tl. ..J ct . City of Oshkosh P.O. Box1130 Oshkosh,WI 54902 PERFORMANCE BOND Bond No 346013803 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): LaLonde Contractors, Inc. PO Box 070420 Milwaukee, WI 53207 Liberty Mutual Insurance Company 450 Plymouth Rd., #400 Plymouth Meeting, PA 19462 OWNER (Name and Address): City of Oshkosh PO Box 1130 Oshkosh, WI 54902 CONSTRUCTION CONTRACT Date: 10-11-06 Amount: $1,668,597.06 Description (Name and Location): Washburn Street Concrete Paving and Utilities BOND Date (Not earlier than Construction Contract Date): 10 -11- 0 6 Amount: $1,668,597.06 Modifications. to this Bond: . Ij___J( !Xl None C See other side CONTRACT AS PRINCIPAL Comp.ar.y: . (Corporate Seal) LaLo,\de ~otJtractors, Ine .... Signatu~~\Jl ----- Name and Title: MARK LALONDE VICE-PRESIDENT SURETY Company: Liberty Mutual Insurance Signature: (Corporate Seal) Company ()~!J1 a. ~~ Name and Title: Debbra A. Hinkes, Attorney-in-Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Printed in cooperation with the American Institute of Architects (AlA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AlA Document A312 - Performance Bond - December 1984 edition. I I 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 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; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 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 the 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 Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 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, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen 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 Subparagraph 4.4, and Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce and remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract; and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 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. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages of the Construction Contract, the Surety is obligated without dulication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 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 Paragraph 4; and 6.3 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. 7 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 or successors. 8 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. 9 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 Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 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 herefrorn and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 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 or 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. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) .." Bond No 346013803 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. PAYMENT BOND CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): LaLonde Contractors, Inc. PO Box 070420 Milwaukee, WI 53207 Liberty Mutual Insurance Company 450 Plymouth Rd., #400 Plymouth Meeting, PA 19462 OWNER (Name and Address): City of Oshkosh PO Box 113 0 Oshkosh, WI 54902 CONSTRUCTION CONTRACT Date: 10 -11- 0 6 Amount:$l, 668,597.06 Description (Name and Location): Washburn Street Concrete Paving and Utilities BOND Date (Not earlier than Construction Contract Date): 10 -11- 0 6 Amount: $1,668,597.06 Modifications to this Bond: / ( ~ [i] None D See other side CONTRACT9BAS PRINCIPAL Company: LaLonde~tr~rs, Inc. S;gna'uce, 1 l "--- (Corporate Seal) SURETY Company: (Corporate Seal) Liberty Mutual Insurance Company Signature: /JJJWLa.~~ Name and Title: MARK LALONDE ViCEoPRESIDENT Name and Title: Debbra A. Hinkes, Attorney-in-Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Printed in cooperation with the American Institute of Architects (AlA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AlA Document A312 - Payment Bond - December 1984 Edition. 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default 3 With respect to Claimants, this obligation shall be null and void it the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The surety shall have no obligation to Claimants under this bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Pargraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any paymElnts made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, it any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 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 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 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'(iLi~e'W "1utlJlilln~ut:<3.~c~ ()o)11p~P%Ha~ b:e~natfi)(~d t~eretojnfIY$outn rvt~etiri~,Pel'Ji1sylvan~ t~i~ .........~6thi:fayof::FefJruarv.:.> ..'>>, = :tt~iTI!~~ii~lr;:wii.~gi&~tJj-~~ a~l~~~~~roouw U~JtU~ mJln~1.~jlU~~i ~,....;. Ihat!Je I~ an A.s~rstan.fSecreta'Yof. L!berty Mutual!rlsurance Company; t~at l1e/ kl1Qw~ ~h~ se~1 Of~~1(1 Go~poratlc:ln;' ClJ1(f !hat ,rye. exe:c~tea lh~a.~ove ~ I~~~.~ I I~;;." . ". ;~ ;.-:~ ~>_n TeresaPastetlaNofary Public:;:' /...; .....~i 0 . b~~, f~ti~w . ..... ..... . ~J~~~~~JI~ranbe,~~";j'.~i"~~~~ili:/ '. '~'J ~~~~'h:I~~} .........>Is .~fijll, fruea~d:c~rrec,t coPy; i~.in. fQU~J:c~.ande~e~t:ontfrecl~te()f~l1issei1if~cate;al1c1I~Q:fl!~~r. ..... .... t~he"~ff[cElr;;r .official w,h? exe~ut~d~thri :.:sald'PQwerqf ,aftOrQey IS an, ASS!S~ahtSecretl:lry speclanya!Jthonzed;byth~ qhaJrrn~n or the pre~ldetlt t()appomtattorn~y:s-tn-ta9t as:proYlde~ 1[1 f.l'tlcle. i .;\.XI11';.S!~ti~n.7 ?f~h! ~Y;I~1 ~fti~er.:Mutf~1 }n~t~~c~ YOr~ar~r..; :;;-;_'..; :.: ..,. ;. : ~...;.. ,::.; ,.';..; i. ,j .:; ..~ {,C' '. "; ...., ;, .. 'n:tis'-certificate arc! the a/)ovepoy.;e.rof EittQrrieymaYbe. signed tiYfacsirniie: ~r mecl1ani()an~i r~pr6ducEidsjgn:atures unqet ~ii(j byauth6rityof the ~....... .;~QllOY"ing vOt~ o,f ~h~ ~o~r~ ~f_ ~ir~~fofs()fLi~e.rty lIAQW~I;In~~fan.c~ p~~p~ny ~t ~ ~~~~n~ ~u~y ?~/l~~~~d~~;Jd, o~ th~ 1:~t~_ ~y ~f JA~r~h, \~~O~, ...::? 1.5.... (' ; v<?~~j) that ih~ !~pSlniil~ dr h,~c~a.nj?a1I~ ;ep~ddu:C~d;$/gdaf~~.e:of ani. a.s~i~ta2<s~2f:eiaty:O{ f~e" de~p~riy,'~h~:r~y~r ~akp~arfFg upori~~' ..............; > .' } .. ce!'flfle9Popyof any power of attorneYlssueq: by the compaoytn Cpf)n~ctI0l'fWI~h-suretycb9n_a$. sh!:lIlb~ ys.fJdandblngmgupo[l th~ cOl'J1pany l.jJ;E~r~l4rf~1!~~t~-r~!~~i~~~~,~\~~.1Jl~~;.i4/-!~ 'Y ~... ~J #~i. i," "::""~~c;..,~ '" ........ ,;,~~..::.. C":'::':'o":'i':"'I'I:." ':' >:"'c:;,.::./CiJ.:;:,.:: ':"::~'''.'>' .: ,.".:..:..........~. '.0''0'. .' ",,:,:,...,:<..-.. " ,."". 'c,:'::: .. ,'>;'::. ;>-.."",' By I>"'b :' ..- / '. ,;:::.>;''. : <:;:::', , "'~/;.:"" '\i: ;;K-~ SL ,.......S~ ...:~pa(i; ~.p~r?,~As_~~tf,~cr~ia~ ~. < \ . ~;.{.~lt~S: .~:i;. ci.'.;>.:., ........ ..........:~i.:: / : .. . ~-::Bt03.:::0W .:':,:..:~-,.,::; :'': yr.-' .~ CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 11th day of October, 2006, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and LaLonde Contractors, Inc., PO Box 070420, Milwaukee, WI 53207-0420, 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 equipmel1t and labor necessary, and to perform all of the work shown on the plans and described iin the specifications for the project entitled or described as follows: for Washburn Street concrete paving and utilities, Public Works Contract No. 06-08, pursuant to Resolution 06-297 adopted by the Common Council of the City of Oshkosh on the 10th day of October, 2006, 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 General 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 $1,668,597.06, adjusted by any changes as provided in the General Conditions, 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 fer.. (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 General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh 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 agents or assigns, his employees or his 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. 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. General Conditions 2. Advertisement for Bids 3. Instructions to Bidders 4. Specifications, including any addenda 5. Plans 6. Contractor's Proposal 7. This Instrument I n 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/their legal representatives, successors and assigns. 2 .,C, ",-r , 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 or their hand and seal the day and year first above written. t., " . ;", _' .'y J -',-,;""':;',(,, (Sea/of Contractor if a Corporatioli) CONTRACTOR LaLonde Contractors, Inc. By: aU J\}---- YU:;E..PRESIDENT (Specify Title) By: (Specify Title) ~C;(_ dkr (Witness ~~hl (W' ess) CITY OF OSHKOSH By: '/)/d A~ Richard A. Wollangk, City Manager APPROVED: 4~ . ^ Ar.. '\ i .. iiy Attar I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. l[~rJ) (1 ~ City Comptroller 3 Client#: 3801 lAlOCON 7'\ CORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 03/27/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Security Insurance Svcs., Inc. ,.~......_.-....... P.O. Box 510925 rE~ .~ rr:;:;t n ~.I1! re; New Berlin, WI 53151-0925 ~ (~: lr:~ J.:!J.. LI;; II 262 785-9490 - - I URERS AFFORDING COVERAGE INSURED ~ 2007; I URERA' Regent Insurance Co. Lalonde contractor~ ~. MAR 2 9 II N URER B. General Casualty Co of WI P.O. Box 070420 , U . Milwaukee, WI 5320 CITY CLERK'S OF~'C ~",--""'___'. , ..... ..1O't ..,......, '*'" ,~._~_..........-.,:, NAIC# COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~{RR N~~i TYPE OF INSURANCE POLICY NUMBER Pt?..t+~~ri~)6g~~\E P~~fJ I~X~b~~N LI MITS A GENERAL LIABILITY CCI0421 034 04/01/07 04/01/08 EACH OCCURRENCE $1 000 000 f-- ~~~~~H9E~Eo~~~~ence) X COMMERCIAL GENERAL LIABILITY $100 000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $5.000 - PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000,000 - ~'L AGGRE~E LIMIT APnS PER: PRODUCTS - COMP/OP AGG $2 000 000 POLICY X jr8-r LOC A AUTOMOBILE LIABILITY CBA0421 034 04/01/07 04/01/08 COMBINED SINGLE LIMIT - $1,000,000 1L ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS - X HIRED AUTOS BODILY INJURY - $ 1L NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY CCU0421 034 04/01/07 04/01/08 EACH OCCURRENCE $5 000 000 ~ OCCUR D CLAIMS MADE AGGREGATE $5 000.000 $ @ DEDUCTIBLE $ X RETENTION $ 10000 $ A CWC0421 034 04/01107 04/01/08 I wc STATU-, I IOTH- WORKERS COMPENSATION AND X T;';RY LIMIT;' ER EMPLOYERS' LIABILITY $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $500,000 SPECIAL PROViSIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS job: Public Works Contract #06-08 The City of Oshkosh is named additional insured for general liability with regard to work performed by the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Oshkosh DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---3D- DAYS WRITTEN P.O. Box 1130 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Oshkosh, WI 54902 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~a'-.~ ACORD 25 (2001/08) 1 of 2 #S135843/M135833 CAC @ ACORD CORPORATION 1988 PERFORMANCE BOND Bond No 346013803 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): LaLonde Contractors, Inc. PO Box 070420 Milwaukee, WI 53207 Liberty Mutual Insurance Company 450 Plymouth Rd., #400 Plymouth Meeting, PA 19462 OWNER (Name and Address): City of Oshkosh PO Box 1130 Oshkosh, WI 54902 CONSTRUCTION CONTRACT Date: 10-11-06 Amount: $1,668,597.06 Description (Name and Location): Washburn Street Concrete Paving and Utilities BOND . Date (Not earlier than Construction Contract Date): 10 -11- 0 6 Amoum: $1,668,5~7.06 Modifications to this Bond: [Xl None [J See other side CONTRACT AS PRINCIPAL/) Compaoy. ~ ! t (Cm])o"'le Seal) LaLonde Co ~~nc" Signature: . ! Name and Title: MARK LALON3E '" Jt ~ ~ICE'PRESIDENT (FOR INFORMATION ONLY - Name, Address and Telephone) SURETY Company: Liberty Mutual Insurance Signature: (Corporate Seal) Company {J~a.~~ Name and Title:Debbra A. Hinkes, Attorney-in-Fact AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Printed in cooperation with the American Institute of Architects (AlA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AlA Document A312 - Performance Bond - December 1984 edition. 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 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; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 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 the 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 Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 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, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen 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 Subparagraph 4.4, and Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce and remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract; and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 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. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages of the Construction Contract, the Surety is obligated without dulication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 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 Paragraph 4; and 6.3 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. 7 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 or successors. 8 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. 9 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 Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 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 or 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. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) PAYMENT BOND Bond No 346013803 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): LaLonde Contractors, Inc. PO Box 070420 Milwaukee, WI 53207 Liberty Mutual Insurance Company 450 Plymouth Rd., #400 Plymouth Meeting, PA 19462 OWNER (Name and Address): City of Oshkosh PO Box 113 0 Oshkosh, WI 54902 CONSTRUCTION CONTRACT Date: 10-11-06 Amount:$l, 668,597.06 Description (Name and Location): Washburn Street Concrete Paving and utilities BOND Date (Not earlier than Construction Contract Date): 10 -11- 0 6 Amount: $1,668,597.06 Modification's tothis Bond: ~ None D See other side CONTRACTOR AS PRINCIPAL Company: " LaLonde ~onrrr,or(In~ Signature: ~~------- (Corporate Seal) SURETY Company: (Corporate Seal) Liberty Mutual Insurance Company ------"'-~-~. Signature: 0eJJ~a.~ Name and Title: MARK LALONDE VACE~PRESIDENT Name and Title: Debbra A. Hinkes, Attorney-in-Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Printed in cooperation with the American Institute of Architects (AlA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AlA Document A312 - Payment Bond - December 1984 Edition. tel 10/16/2006 Time: 10:29 AM To: Kathy @ 19202365068 Client#. 3801 Page: 002-00: ACORDnn CERTIFICATE OF LIABILITY INSURANCE I DATE (MMPDIYYYY) 10/16/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Security InsuranceSvcs., Inc. ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE P.O. Box 510925 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. New Berlin, WI 53151-0925 262 785-9490 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER k General Casualty Company LaLonde Contractors, Inc. INSURER B: P.O. Box 070420 INSURER c: Milwaukee, WI 53207 INSURER D: INSURER E: LALOCON COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY F'ERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEfJIWITHRESF'ECTTO WHICH THIS CEFlTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER P~k-liYJlfJ~E Pg~W ~':b~N LIMITS A GENERAL LIABILITY CC10421034 04/01/06 04/01/07 EACH OCCIJRRENCE $1.000 000 t-- DAMAGE TO RENTED X COMMERCIAL GENERAL L1ABIUTY $100 000 I aAlMS MADE [Xl OCCl:JR MED EXP (Anyone person) $5.000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $2.000 000 ~'IL AGGREr;iE UMIT APnS PER: PRODUCTS - COMP/OP AGG $2 000 000 POUCY x jrBr LOC A ..!!:!!OMOBILELlABILlTY CBA0421034 04/01/06 04/01/07 COMBINED SINGLIE UMIT X. ANY AUTO (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ Sa-IEDULED AUTOS (per person) - ~ J-HRED AUTOS BODILY INJURY $ ~ NONcOWNED AUTOS (per accident) PROPERTY DAMAGE $ (per accident) . RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ A EXCESSjUMBRELLA LIABILITY CCU0421034 04/01/06 04/01/07 EACH OCCIJRRENCE $5 000 000 o OCaJR D aAlMS MADE AGGREGATE $5 000 000 $ R DEDUCTIBLIE $ RETENTION $ $ A WORKERS COMPENSATION AND CWC0421034 04/01/06 04/01/07 x I, WCSTATU-I 10J~- EMPLOYERS' LIABILITY $500 000 ANY PROPRIETORjPARTNER/EXEaJTIVE E.L. EACH ACCIDENT . OFFICER/MEMBER EXCLUDED? E.L. DI SEASE - EA EMPLOYEF $SOO,OOO If yes, describe under E.L. DISEASE -POLICY LIMIT $SOO.OOO SPECIAL PROVISIONS below OTHER , DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS job: PublicWorks Contract #06-08 The City of Oshkosh is named additional insured for general liability with regard to work periormed by the named insured. CERTIFICATE HOLDER CANCELLATIO N City of Oshkosh P.O. Box 1130 Oshkosh, WI 54902 SHOULD ANY OF THE ABOVE DESCRIBED POLlOES BE CANCEULlED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -Zn.. DAYS WRITTEN NOTICE TO THE CERTIACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO OO.SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE C ..Jd-. €> - ACORD CORPORATION 1988 ACORD 25 (2001/08) 1 of 2 #S124666/M113640 CAC