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HomeMy WebLinkAboutAl DIX CONCRETE & Oshkosh 146Z4. CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 29th day of March, 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Al Dix Concrete, Inc., 401 Gertrude Street, 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 [. 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. 17-06 for various concrete sidewalk repairs and rehabilitation in the City of Oshkosh, for the Public Works Department, pursuant to Resolution 17-129 adopted by the Common Council of the City of Oshkosh on the 28th day of March, 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 One Million Forty-One Thousand Seven Hundred Ten Dollars and 90/100 ($1,041,710.90), 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 ( ) Progress Payments. gress 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 i 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 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, 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 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. 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 Pr sence of: CONTRACTOR All Dix Concrete, Inc. By: i (Seal of Contractor (Specify Titl ) if a Corporation.) By: (Specify Title) / CITY OF OSHKOSH J / By: Marl A. Rohloff, City Manager ( iss And: f� itness) le k APPROVED: I hereby certify that the necessary provisions have been made to pay I the liability which will accrue under e- this contract yn . Lorenson,-C' Attorney Trena Larson, City Comptroller 3 SA.M. Best Rating Services Merchants National Bonding, Inc. (�> A.M.Best#:012599 NAIC#:11595 FEIN#:113656367 .............. Mailing Address View Additional Address Information Assigned toF9sans 9Y+Ftr P.O.Box 14498 insurance companies Des Moines, IA 50306-3498i% that have,in our l; A� United States opinion,an excellent ability to meet their ongoing insurance obligations. 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Affiliation Code: g(Group) Senior Financial Analyst:Maurice Thomas Financial Size Category: VIII($100 Million to$250 Million) Director:Rick Decker ..............._ ............ ..... ...... Outlook: Stable Action: Affirmed Disclosure Information ............. ..._ .... Effective Date January 06 2017 Initial Rating Date December 17,2003 View A.M.Best's Rating Disclosure Form Long-Term Issuer Credit Rating View Definition Long-Term: a Outlook: Stable Action: Affirmed Effective Date: January 06,2017 Initial Rating Date: May 30,2007 u Denotes Under Review Best's Rating Rating History A.M.Best has provided ratings&analysis on this company since 2003. .......... ........._................ ............. ........ ................... _. ....... _._...... Financial Strength Rating Long-Term Issuer Credit Rating ................-._...._. ... Effective Date Rating Effective Date Rating 1/6/2017 A 1/6/2017 a 1/7/2016 A 1/7/2016 a 11/21/2014 A 11/21/2014 a 10/1/2013 A 10/1/2013 a i 10/2/2012 A 10/2/2012 a AMB Credit Reports 11 AMB Credit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed '' `.) business overview and key financial data. Report Revision Date: 1/24/2017(represents the latest significant change). 1 of 2 Y Historical Reports are available in AMB Credit Report Archive. View additional news,reports and products for this company. European Union Disclosures AM Best-Europe Rating Services Limited(AMBERS),a subsidiary of AM Best Rating Services,Inc.,is an External Credit Assessment Institution(ECAI)in the European Union(EU).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. 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About AM Best (Site Map I Customer Service (Member Center I Contact Info I Careers I Terms of Use I Privacy Policy I Security I Legal&Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2017 AM Best Company,Inc.and/or its affiliates ALL RIGHTS RESERVED. 2 of 2 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. NWI 1313 AIA Document A312 Performance Bond 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): Al Dix Concrete Inc Merchants National Bonding,Inc. 500 Draper Street 6700 Westown Parkway Kaukauna,WI 54130 West Des Moitp IA 50266 OWNER(Name and Address): City of Oshkosh 215 Church Ave PO BOX 1130 Oshkosh,WI 54903-1130 CONTSTRUCTION CONTRACT Date: March 29,2017 Amount: $1,041,710.90 Description(Name and Location): Public Works Contract No. 17-06 Concrete Sidewalk BOND Date(Not earlier than Construction Contract Date): April 5,2017 Amount: $1,041.710.90 Modifications to this Bond: ® None ❑ See.Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Al Dix Concrete Inc Merchants National Bonding,Inc. 500 Draper Street Signature: Signature: Name and Title: v 1<e' (�r � N,4 J Name and Title: McLennan 'r AZmcy-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY--Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): Spectrum Insurance Group,LLC 4233 Southtowne Dr Eau Claire,WI 54701 715-858-9865 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE_ N.W., WASHINGTON, D.C. 20006 A312-1984 1 1 The Contractor and the Surety,jointly and severally, bind .1 After investigation,determine the amount for themselves,their heirs, executors,administrators, which it may be liable to the Owner and, as soon successors and assigns to the Owner for the performance as practicable after the amount is determined, of the Construction Contract,which is incorporated herein tender payment therefore to the Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract,the Owner citing reasons therefore. Surety and the Contractor shall have no obligation under 5 If the surety does not proceed as provided in Para-graph this Bond,except to participate in conferences as provided 4 with reasonable promptness,the Surety shall be deemed in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety 3 If there is no Owner Default,the Surety's obligation demanding that the Surety perform its obligations under this under this Bond shall arise after: Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 provided in Subparagraph 4.4, and the Owner refuses the below that the Owner is considering declaring a payment tendered or the Surety had denied liability, in Contractor Default and has requested and attempted whole or in part,without further notice the Owner shall be to arrange a conference with the Contractor and the entitled to enforce any remedy available to the Owner. Surety to be held not later than fifteen days after receipt of such notice to discuss methods of per- 6 After the Owner has terminated the Contractor's right to forming the Construction Contract. If the Owner,the complete the Construction Contract,and if the Surety Contractor and the Surety agree,the Contractor shall elects to act under Subparagraph 4.1,4.2, or 4.3 above, be allowed a reasonable time to perform the then the responsibilities of the Surety to the Owner shall Construction Contract, but such an agreement shall not be greater than those of the Contractor under the not waive the Owner's right, if any,subsequently to Construction Contract, and the responsibilities of the declare a Contractor Default;and Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount of this Bond,but subject to commitment by the the contract. Such Contractor Default shall not be Owner of the Balance of the Contract Price to mitigation of j declared earlier than twenty days after the Contractor costs and damages on the Construction Contract,the I and the Surety have received notice as provided in Surety is obligated without duplication for: Subparagraph 3.1; and 6.1 The responsibilities of the Contractor for cor- 3.3 The Owner has agreed to pay the Balance of the rection of defective work and completion of the Con- Contract Price to the Surety in accordance with the struction Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in 6.2 Additional legal,design professional and delay accordance with the terms of the contract with the costs resulting from the Contractor's Default, and Owner. resulting from the actions or failure to act of the 4 When the Owner has satisfied the conditions of Surety under Paragraph 4; and Paragraph 3,the Surety shall promptly and at the Surety's 6.3 Liquidated damages, or if no liquidated damages expense take one of the following actions: are specified in the Construction Contract, actual damages caused by delayed performance or non- 4.1 Arrange for the Contractor,with consent of the performance of the Contractor. Owner,to perform and complete the Construction Contract;or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the 4.2 Undertake to perform and complete the Con- Construction Contract, and the Balance of the Contract struction Contract itself,through its agents or through Price shall not be reduced or set off on account of any independent contractors;or such unrelated obligations. No right of action shall accrue 4.3 Obtain bids or negotiated proposals from qualified on this Bond to any person or entity other than the Owner contractors acceptable to the Owner for a contract for or its heirs, executors, administrators or successors. performance and completion of the Construction 8 The Surety hereby waives notice of any change, inclu- Contract, arrange for a contract to be prepared for ding changes of time,to the Construction Contract or to execution by the Owner and the contractor selected related subcontracts, purchase orders and other obli- with the Owner's concurrence,to be secured with gations. performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the 9 Any proceeding, legal or equitable, under this Bond may Construction Contract, and pay to the Owner the be instituted in any court of competent jurisdiction in the E amount of damages as described in Paragraph 6 in location in which the work or part of the work is located and excess of the Balance of the Contract Price incurred shall be instituted within two years after Contractor Default by the Owner resulting from the Contractor's default; or or within two years after the Contractor ceased working 4.4 Waive its right to perform and complete, arrange or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs for completion, or obtain a new contractor and with first. If the provisions of this Paragraph are void or reasonable promptness under the circumstances: prohibited by law,the minimum period of limitation avail- AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® A312-1984 2 THE AMERICAN INSTITUTE OF ARCHITECHTS,1735 NEW YORK AVE.,N.W, WASHINGTON,D.C. 20006 able to sureties as a defense in the jurisdiction of the suit have been made including allowance to the shall be applicable. Contractor of any amounts received or to be received by the Owner in settlement of insurance or 10 Notice to the Surety,the Owner or the Contractor shall other claims for damages to which the Contractor is be mailed or delivered to the address shown on the entitled, reduced by all valid and proper payments signature page. made to or on be-half of the Contractor under the Construction Contract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig-- the construction was to be performed, any provision in nature page, including all Contract Documents and this Bond conflicting with said statutory or legal changes thereto. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal Contractor Default: Failure the Contractor, requirement shall be deemed incorporated herein.The which has neither been remediedd nor waived,to intent is that this Bond shall be construed as a statutory perform ootherwise to comply with the terms of the bond and not as a common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived,to pay the Con- 12.1 Balance of the Contract Price:The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: i I i E i (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) i € CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: [, AIA DOCUMENT A= PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA® A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006 i' I THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. NWI 1313 AIA Document A312 Payment Bond 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): Al Dix Concrete Inc Merchants National Bonding,Inc. 500 Draper Street 6700 Westown Parkway Kaukauna,WI 54130 West Des Moitp IA 50266 OWNER(Name and Address): City of Oshkosh 215 Church Ave PO BOX 1130 Oshkosh,WI 54903-1130 CONTSTRUCTION CONTRACT Date: March 29,2017 Amount: $1,041,710.90 Description(Name and Location):Public Works Contract No. 17-06 Concrete Sidewalk BOND Date(Not earlier than Construction Contract Date): April 5,2017 Amount: $1,041,710.90 Modifications to this Bond: ❑ None ® See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Al Dix Concrete Inc Merchants National Bonding,Inc. 500 Draper Street A , Signature: Signature: Name and Title: ( Name and Title: ary ennan tt •ne In-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other Spectrum Insurance Group,LLC paw): 4233 Southtowne Dr Eau Claire,WI 54701 715-858-9865 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND+ DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 I The Contractor and the Surety,jointly and severally, 5 If a notice required by Paragraph 4 is given by the bind themselves,their heirs,executors, administrator, Owner to the Contractor or to the Surety,that is sufficient successors and assigns to the Owner to pay for labor, compliance. materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of performance of the Construction Contract,which is Paragraph 4,the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the following actions: 2 With respect to the Owner,this obligation shall be null 6.1 Send an answer to the Claimant,with a copy to and void if the Contractor: the Owner,within 45 days after receipt of the claim, 2.1 Promptly makes payment,directly or indirectly, stating the amounts that are undisputed and the for all sums due Claimants, and basis for challenging any amounts that are disputed. 2.2 Defends, indemnities, and holds harmless the 6.2 Pay or arrange for payment of any undisputed Owner from all claims,demands, liens or suits by any amounts. person or entity who furnished labor, materials or equipment for use in the performance of the 7 The Surety's total obligation shall not exceed the Construction Contract, provided the Owner has amount of this Bond, and the amount of this Bond shall be promptly notified the Contractor and the Surety(at credited for any payments made in good faith by the the address described in Paragraph 12)of any Surety. claims,demands, liens or suits and tendered defense 8 Amounts owed by the Owner to the Contractor under of such claims,demands, liens or suits to the the Construction Contract shall be used for the Contractor and the Surety, and provided there is no performance of the Construction Contract and to satisfy Owner Default. claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this 3 With respect to Claimants,this obligation shall be null Bond,they agree that all funds earned by the Contractor and void if the Contractor promptly makes payment, in the performance of the Construction Contract are directly or indirectly,for all sums due. dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's priority to 4 The Surety shall have no obligation to Claimants under use the funds for the completion of the work. this Bond until: 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants contract with the Contractor have given notice to the or others for obligations of the Contractor that are Surety(at the address described in Paragraph 12) unrelated to the Construction Contract,The Owner shall C and sent a copy, or notice thereof,to the Owner, not be liable for payment of any costs or expenses of any stating that a claim is being made under this Bond Claimant under this Bond, and shall have under this Bond and,with substantial accuracy,the amount of the no obligations to make payments to,give notices on claim. behalf of,or otherwise have obligations to Claimants r under this Bond. 4.2 Claimants who do not have a direct contract with the Contractor: 10 The Surety hereby waives notice of any change, .1 Have furnished written notice to the Contractor including changes of time,to the Construction Contract or and sent a copy, or notice thereof,to the to related subcontracts,purchase orders and other Owner,within 90 days after having last per- obligations. formed labor or last furnished materials or equipment included in the claim stating,with 11 No suit or action shall be commenced by a Claimant substantial accuracy,the amount of the claim under this Bond other than in a court of competent juris- and the name of the party to whom the mater- diction in the location in which the work or part of the work ials were furnished or supplied or for whom is located or after the expiration of one year from the date the labor was done or performed; and (1)on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or(2)on which the .2 Have either received a rejection in whole or in last labor or service was performed by anyone or the last part from the Contractor, or not received within materials or equipment were furnished by anyone under 30 days of furnishing the above notice any the Construction Contract,whichever of(1)or(2)first communication from the Contractor by which occurs. If the provisions of this Paragraph are void or the Contractor has indicated the claim will be prohibited by law,the minimum period of limitation paid directly or indirectly; and available to sureties as a defense in the jurisdiction of the .3 Not having been paid within the above 30 days, suit shall be applicable. have sent a written notice to the Surety(at the 12 Notice to the Surety,the Owner or the Contractor shall address described in Paragraph 12)and sent be mailed or delivered to the address shown on the a copy,or notice thereof,to the Owner,stating signature page.Actual receipt of notice by Surety,the that a claim is being made under this Bond and Owner or the Contractor, however accomplished, shall be t enclosing a copy of the previous written notice sufficient compliance as of the date received at the furnished to the Contractor. address shown on the signature page. ii I AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED,•AIA® A312-1984 5 r THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006 I ['I 13 When this Bond has been furnished to comply with a The intent of this Bond shall be to include without statutory or other legal requirement in the location where limitation in the terms"labor, materials or equipment" the construction was to be performed, any provision in that part of water, gas,power, light, heat,oil, this Bond conflicting with said statutory or legal gasoline,telephone service or rental equipment used requirement shall be deemed deleted herefrom and in the Construction Contract, architectural and provisions conforming to such statutory or other legal engineering services required for performance of the requirement shall be deemed incorporated herein.The work of the Contractor and the Contractor's intent is that this Bond shall be construed as a statutory subcontractors, and all other items for which a bond and not as a common law bond. mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were 14 Upon request by any person or entity appearing to be furnished. a potential beneficiary of this Bond,the Contractor shall 15.2 Construction Contract:The agreement between promptly furnish a copy of this Bond or shall permit a copy the Owner and the Contractor identified on the to be made. signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.3 Owner Default: Failure of the Owner,which has 15.1 Claimant:An individual or entity having a direct neither been remedied nor waived,to pay the contract with the Contractor or with a subcontractor of Contractor as required by the Construction Contract the Contractor to furnish labor, materials or or to perform and complete or comply with the other equipment for use in the performance of the Contract. terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Section 6 is modified by adding section 6.3. 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its obligations under this Section 6,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover any sums found to be due and owing to the Claimant. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: i r AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.•AIA® A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W. WASHINGTON,D.C. 20006 / 7 ® DATE(MMIDD/YYW) AC40R o CERTIFICATE OF LIABILITY INSURANCE 4/5/2017 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 NC AD Mary McLennan Spectrum Insurance Group GB PHIONE 920.884-2850 FAX 920-884-2851 303 Packerland Dr., Ste C EMAIL, Green Bay WI 54307 ,Mary.McLennan@spectruminsgroup.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Sentry Insurance INSURED ALDIX-1 INSURER 8: Al Dix Concrete, Inc. INSURER C: 500 Draper Street INSURER D: Kaukauna WI 54130 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1115063679 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEADDLISUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/ YYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY A0078052004 3/1/2017 3/1/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE ❑X OCCUR PREMISES Ea occurrence $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY PRO-JECT FX]LOC PRODUCTS-COM P/OPAGG $2,000,000 OTHER: COMBINED SINGLE LIMIT $ A AUTOMOBILE LIABILITY A0078052001 3/1/2017 3/1/2018 Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ A X UMBRELLA LIAB X OCCUR A0078052006 3/1/2017 3/1/2018 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$0 $ A WORKERS COMPENSATION A0078052005 3/1/2017 3/1/2018 X I STATUTE EORH AND EMPLOYERS'LIABILITY j ANY PROPRIETOR/PARTNER/EXECUTIVE YI NIA E.L.EACH ACCIDENT $1,00,000 j OFFICER/MEMBER EXCLUDED? ( (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Oshkosh, its officers,council members, agents,employees or authorized volunteers are included as Additional Insured on a primary and non-contributory basis with a 30 day notice of cancellation subject to insurance laws for the State of Wisconsin CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Ave ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh WI 54903-1130 AUTHORIZED REPRESENTATIVE I' ©1988-2014 ACORD CORPORATION. All rights reserved. i ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD