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HomeMy WebLinkAboutCarl Bowers & Sons and Oshkosh/ Contract 17-04 CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 1 st day of March, 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Carl Bowers & Sons Construction Co., Inc., N1844 Maloney Road, Kaukauna, WI 54130, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The. CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 17-04 for paving, sidewalk, driveway and utilities for First Local Street Concrete Paving Program in the City of Oshkosh, for the Public Works Department, pursuant to Resolution 17-70 adopted by the Common Council of the City of Oshkosh on the 28th day of February, 2017, all in'accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the Special. Conditions and/or CONTRACTOR's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of Four Million Fifty-Three Thousand Fifty- Eight Dollars and 15/100 ($4,053,058.15), adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price" basis,the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the Contract the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, his 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 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, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This Contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The City's Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids 6. Contractor's Proposal The Contract Documents are complementary; what is required-by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. 2 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 maybe 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. 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. In the Presence of: CONTRACTOR Carl Bowers & Sons Construction Co.,' Inc.om.� r----- By: (Seal of Contractor (Specify Title)' if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager -e' S) And:LILI—", itness) Pamela R. Ubrig, City Cierk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract j L 4LA. L 4enso 4, y Attorney Trena Larson, City Comptroller � 3 Bond #WIC 56348 PERFORMANCE BOND CITY OF OSHKOSH Contract Number Public Works No 17-04 Date Bond Executed(Date of Contract or Later) 3—1—2 017 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization Carl Bowers Construction Co Inc • N1844 Maloney Rd _Individual _Partnership Kaukauna, WI 54130 X Corporation State of Incorporation Wisconsin SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond Merchants Bonding Co (Mutual) $4,053 ,058 . 15 PO BOX 14498 Des Moines , IA 50306-3498 OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 OBLIGATION 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 actions: 1. Arrange for the Contractor,with consent of the Owner,to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract;or 5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above,Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice,if hand delivered; or (ii) two (2)business days following deposit in the United States mail, postage prepaid; (iii)upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrorn and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. I i 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. Carl Bowers .ongtrucrt nn MPrcbantc Rnndinta rn (Mni-.nal ) Name of Principal/Contractor Name of Surety Title I Title Attney-in—fact MERGHANT77 BONDING C®MPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Mary McLennan; Michael L Tiedt; Richard K Carlson of Green Bay and State of Wisconsin their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name,place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of. FIFTEEN MILLION($15,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this22ndday of May 2015. ..... °° � ��,o°, MERCHANTS BONDING COMPANY(MUTUAL) �,. ° " s� ,mac y''a e��.*lz `P��9':9y o MERCHANTS NATIONAL BONDING,INC. e=: 40,may' y 1933 Abe STATE OF IOWA '%,,y <<�z+ °°° °° COUNTY OF POLK ss. til 01101110A President On this22ndday of May , 2015,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is 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. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. �PRtA4 WENDY WOODY o aQao e Commission Number 784654 My Commission Expires June 20, 2017 Notary Public,Polk County,Iowa i STATE OF IOWA COUNTY OF POLK ss. i I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Wtness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this day of l�y,t11/9'�731dec,idFi o°Q°�°o p°n°° ' ' gf'tiq � o •4i0� g`f�im:`x'.2°0 /���� i.-,r/ �� `'tee``� Rp- >rf�y °t"•.� -O- �•.e.o _ a ° 1933 '�° Secretary POA 0014(7/14) "-,,'°�is•aa{O�AeAg�+a+Ad o °° 0 0 0°OO fsq,Jenpc9atl�g,t o Bond #WIC 56348 PAYMENT BOND CITY OF OSHKOSH Contract Number Public Works No 17-04 Date Bond Executed(Date of Contract or Later) 3—1—2 017 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization Carl Bowers Construction Co Inc N1844 Maloney Rd _Individual _Partnership Kaukauna, WI 54130 -_X-Corporation State of Incorporation Wisconsin SURETY(IES) (Legal Name(s)and Business Address(es)) Penal Sum of Bond Merchants Bonding Co (Mutual) $4,053 ,058 . 15 6700 Westown Parkway PO BOX 14498 Des Moines, IA 50306-3498 OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract identified above,which is incorporated herein by reference,subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract,then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract and tendered defense of such claims, demands,liens or suits to the Contractor and the Surety. Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims,if any,under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Upon notice and tendering of claims as specified above,the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim,demand,lien or suit. Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice,if hand delivered; or(ii) two (2)business days following deposit in the United States mail, postage prepaid; (iii)upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile,email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Carl Bowers Construction M Prchants Rnnding ('0 (Mut», ail Name of Principal/Contractor Name of Surety Title Sc Ti e Att rney—in—fact MEIE CHAN`T'S B®fitDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Mary McLennan; Michael L Tiedt; Richard K Carlson of Green Bay and State of Wisconsin their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name,place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of. FIFTEEN MILLION($15,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Dii*ectors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this22ndday of May 2015. +Vyl,,lalrrdldi?a�� °oo" °pe MERCHANTS BONDING COMPANY(MUTUAL) 0o�O.�Q,P09 ,9 a MERCHANTS NATIONAL BONDING,INC. � 0+(), 3+ 4 0� 1933 :moo . By GlJI��G* :��. ......... STATE OF IOWA ° COUNTY OF POLK ss. °rrrrnn+ecl�t °e 9000* President On this22ndday of May 2015,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING;INC.;and that the seals affixed to the foregoing instrument is 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. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. oPFtIA<s WENDY WOODY Commission Number 784654 ? q AL6.-,e°°' >_ My Commission Expires w June 20, 2017 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which Is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this day of 144,1Ii POdfl)1,F O O O O p p 0 1933 Secretary� bV p ate: o�''• POA 0014(7/14) `',s°�� ••.,,°�as;�,�,q�e`' °*V$. ....... 0 ° OO o00e ' afrl1a�rrfl�sfa419F'''�„1 °o O A�" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYI� 3/16/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mary McLennan Spectrum Insurance Group GB P"ONE 920-884-2850 FAQ No): 92O-884-2851 303 Packerland Dr., Ste C EMAIL Green Bay WI 54307 SS.maty.mclennan@spectruminsgroup.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:West Bend Mutual Insurance Co. 15350 INSURED CARLB-2 INSURER B: Carl Bowers&Sons INSURER C: Construction Co., Inc. N 1844 Maloney Rd INSURERD: Kaukauna WI 54130 1 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 1885696767 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y CPS 184463501 4/1/2016 4/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE �X OCCUR PREMDAIMAGE SES TO Ea occuRENTED rrence $200,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICYal PE a LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y CPS1844633 01 4/1/2016 4/1/2017 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ AUTOWNED SCHEDULED BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOSAUTOS Per accident A X UMBRELLA LIAB X OCCUR Y CUS1844635 01 4/1/2016 4/1/2017 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$none $ A WORKERS COMPENSATION WDS1844634 4/1/2016 4/1/2017 X AND EMPLOYERS'LIABILITY STATUTE ERH Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? FN N/A — (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under i DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Hired/Rented Equip CPS1844633 01 4/1/2016 4/1/2017 Hired/Rented Equip 250,000 A Installation 1844633 01 4/1/2016 4/1/2017 Installation 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Public Works Contract No. 17-04. City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are additional Insured as required per written contract. 30 day notice of cancellation to the City Clerk applies. i i c CERTIFICATE HOLDER CANCELLATION 30 days E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Avenue ACCORDANCE WITH THE POLICY PROVISIONS. P0Box 1130 Oshkosh WI 54902-1190 AUTHORIZED REPRESENTATIVE I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1844633 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations 1City of Oshkosh and Its Officers, Council Members,Agei N1844 Maloney Rd Kaukauna,WI 54130 215 Church Ave Oshkosh, WI 54901-4747 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional Insured and Included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc„ 2004 Page 1 of 1 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): City of Oshkosh and Its Officers, Council Members,Agents, Employees and Authorized Volunteers 215 Church Ave Oshkosh,WI 54901-4747 Location(s)of Covered Operations: Various Locations Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section It —Who Is An Insured is amended to The insurance with respect to such archi- include as an additional insured the person(s) or tects, engineers, or surveyors does not organization(s) shown In the Schedule, but only apply to "bodily injury," "property dam- with respect to liability for "bodily injury", "prop- age," or "personal and advertising injury" erty damage" or"personal and advertising injury" arising out of the rendering of or the fail- caused, in whole or in part, by: ure to render any professional services by 1. Your acts or omissions; or or for you, including: 2. The acts or omissions of those acting on your a. The preparing, approving, or failing to behalf; prepare or approve maps, drawings, opin- ions, reports, surveys, change orders, de- in the performance of your ongoing opera- signs or specifications; and tions for the additional insured(s) at the loca- tion(s)designated above. b. Supervisory, inspection, or engineering services. However: B. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following additional ex- insured only applies to the extent permitted clusion applies: by law; and This insurance does not apply to "bodily injury"or 2. If coverage provided to the additional insured "property damage"occurring after: is required by a contract or agreement, the 1. All work, Including materials, parts ore equip- Insurance insurance afforded to such additional insured g q p- will not be broader than that which you are ment furnished in connection with such work, required by the contract or agreement to pro- on the project (other than service, mainte- vide for such additional insured, nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- If the name of the person or organization tion of the covered operations has been com- stated above includes any architect, engineer pleted;or or surveyor, the following applies: Contains material copyrighted by ISO,with Its permission. CG 2010 Y 07 04 West Bend Mutual Insurance Company Page 1 of 2 West Bend,Wisconsin 53095 2. That portion of "your work" out of which the D. If a written contract between you and the addi- Injury or damage arises has been put to Its in- tional insured specifically requires that this insur- tended use by any person or organization ance be primary, then the insurance afforded by other than another contractor or subcontrac- this endorsement is primary Insurance and we for engaged in performing operations for a will not seek contribution from any other insur- principal as a part of the same project. ance available to the additional insured named in C. With respect to the insurance afforded to these this schedule unless the other insurance is pro- additional Insureds, the following is added to vided by a contractor other than the named in- Section III -Limits of Insurance: sured. Then we will share with that other insur- ance by the method described below. If coverage provided to the additional insured is required by a contract or agreement,the most we If all of the other insurance permits contribution will pay f by equal shares, we will follothis method also, behalf of the additional insured is the Under this approach each insurer contributes amount of insurance: equal amounts until it has paid Its applicable limit 1. Required by the contract or agreement; or of insurance or none of the loss remains, which- 2. Available under the applicable Limits of in- ever comes first. surance shown in the Declarations; which- If any of the other insurance does not permit con- ever Is less, tribution by equal shares, we will contribute by This endorsement shall not Increase the appiica- limits, Under this method,each insurer's share is ble Limits of Insurance shown in the Declara- based on the ratio of its applicable limit of insur- tions. ance to the total applicable limits of insurance of all insurers. If no contract between you and the additional in- sured requires that this insurance be primary, then the coverage granted to the additional in- sured under this endorsement shall be excess over any other valid and collectible insurance. Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 West Bend Mutual Insurance Company CG 2010 Y 07 04 West Bend, Wisconsin 53095