Loading...
HomeMy WebLinkAboutAl Dix Concrete 18-06CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 28th day of March, 2018, 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 I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 18-06 for various concrete sidewalk repairs and rehabilitation in the City of Oshkosh, for the Public Works Department, pursuant to Resolution 18-152 adopted by the Common Council of the City of Oshkosh on the 27th day of March, 2018, 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 Two Hundred Seventy -Nine Thousand One Hundred Thirty Dollars and 00/100 ($1,279,130.00), 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. (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 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 Presence of: . z JA� t/4-(zz (Seal of Contractor if a Corporation.) Al Dix Concrete, Inc. By: VII, By: (Specify Title) CITY OF OSHKOSH By: Mak A. Ro- h1off City Manager ()/V'fitness) And: itness) Pamela R. Ubrig, City Jerk APPROVED: 0 An . Lorenson, City Attorney I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract Trena Larson, City Comptroller '4� �® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/18/2018 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 have ADDITIONAL INSURED provisions or 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). X PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328(AIC NAME: CT CLIENT CONTACT CENTER A CNNo Ext): 888-333-4949 A/c No : 507 446 4664 A.MD .Ess: CLIENTCONTACTCENTER FEDINS.COM OWATONNA, MN 55060 INSURER(S) AFFORDING COVERAGE NAIC # EACH OCCURRENCE $1,000,000 INSURER A: FEDERATED MUTUAL INSURANCE COMPANY 13935 CLAIMS -MADE X OCCUR INSURED 399-196-$ INSURER B: FEDERATED SERVICE INSURANCE COMPANY 28304 INSURER C: AL DIX CONCRETE, INCORPORATED 401 GERTRUDE ST KAUKAUNA, WI 54130-1423 INSURER D: INSURER E: INSURER F: rnvcoer_Gc r^FRTIFICATF NIIMRFR• R REVISION NUMBER: J 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 LTR TYPE OF INSURANCE ADDL INS R SUER WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 CHURCH AVE EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR ACCORDANCE WITH THE POLICY PROVISIONS. OSHKOSH, WI 54903-1130 AUTHORIZED REPRESENTATIVE DAMAGE TO RENTED $100,000 PREMISES(Ea occurrence) MED EXP (Any one person) $$,000 A Y N 6068617 03/01/2018 03/01/2019 PERSONAL & ADV INJURY $1,000,000 GEN'L HPOLICY AGGREGATE LIMIT APPLIES PER: � p �T FL GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGO $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acciden $1,000,000 BODILY INJURY (Per person) X ANY AUTO A SCHED SCHEDULED OWNED AUTOS ONLY ULED N N 6068617 03/01/2018 03/01!2019 BODILY INJURY (Per accident) PROPERTY DAMAGE Per acciden NON -OWNED HIRED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $3,000,000 AGGREGATE $3,000,000 A EXCESS LIAB CLAIMS -MADE N N 6068618 03/01/2018 03/01/2019 DED I I RETENTION WORKERS COMPENSATION OT X PER STATUTE I ER B AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE Y❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA N 6068619 03/01/2018 03/01/2019 _ E.L. EACH ACCIDENT $$00,000 E.L. DISEASE - EA EMPLOYEE $$00,000 E.L DISEASE - POLICY LIMIT $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SEE ATTACHED PAGE ^rnTlclPATc U^1 r1co CANCFI I.ATION 399-196-5 63 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 PO BOX 1130 ACCORDANCE WITH THE POLICY PROVISIONS. OSHKOSH, WI 54903-1130 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORAI ION. All rigms reserves. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACORV AGENCY CUSTOMER ID: 399-196-5 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY AL DIX CONCRETE, INCORPORATED 401 GERTRUDE ST KAUKAUNA, WI 54130-1423 POLICY NUMBER SEE CERTIFICATE # 6.3 CARRIER CODE 74C SEE CERTIFICATE # 6.3 EFFECTIVE DATE: SEE CERTIFICATE # 6.3 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE: PUBLIC WORKS CONTRACT# 18-06. CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES, AND AUTHORIZED VOLUNTEERS ARE ADDITIONAL INSURED FOR GENERAL LIABILITY. GENERAL LIABILITY COVERAGE CONTAINS CG 25 03 DESIGNATED CONSTRUCTION GENERAL AGGREGATE LIMIT ENDORSEMENT APPLICABLE TO EACH CONSTRUCTION PROJECT AS REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABIL11Y CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUSWHEN REQUIRED IN CONSTRUCTION AGREEMENT MENT WITH YOU This endtarsernent n1o:€ities insurance provided under the followirtr#; COMMERCIAL GENERAL LIA�!LITY COVERAGE PART A, Section 11 - Who is An Insured is arriendod to int:€aide: as an saddit€ mal insured any person or oryanlzution for whom you ars periorminiq o e"ations when you and such person or organization haAife agreed in writing in a contract or atgreewmnt that such po ^aoT or oMitnizca'}ton be added as an additlonal inured can your policy. Such person or rrcarsizratinn is an additional insured only with r'eipect to liability #o.-* 'bodily injury", 'property damage' or °porsonal and advortlsinn injury' caused, ;n whoiQ or in pad:, by: 1, Your acts or orrtissini,s; or 2. The acts or orni;;s#ons of Me acting an your behalf, in the Performance cit you mgAng opamuo3s RX the additions! insured. However, the ins;.rrance ;,denied to such eddrtronal insured. 1. Only applio„ to the: extent permitted by iave; and 2. Wilt not be broader than that which you are required by the con':rart at, eagt•E<.emont to provide for such additional insured. A persan's or organia,a:ion's S#ati1s austn additional insurod under this ardor: nnsen# ends ,ohen your operrations for that MUMS! €nswvd ,are completed. 8, With respect to the irrSuraMe af#ordad to theca additional insureds, the following £additionai exc€usiorts apply: Thi> insurance, doers not Zpply to; 't. 'Bodily h jw7'. 'property taari ne" or Versonal and advert#s€ng In ury' arising out of the rendering of, or the failure to render, any professional ar.;hitscturzs#, ergine ring or surveying, It^£e s, including: m The preparing. a pprovinq, or failing to pro -.pare or £ata#:mv e, amps, whop drawing",op opinions, reports , surveys, field orders, change orders or drawing„ acrd speCEficc'a€ion j or I Supervisory, inspection, architectural at- This rThis OHM= applies £evot) if tile claims fagtain£i#. any insured allege negligenc=e or of€ser vtrorsgdfiinq in tins cucervision, hiring, emp#cyment, training or monitoring of others by that insured, if the occurrence' which caused. the 'bodily injury or '.troperty d aBn£age". or the ollfense vd ich caused the 'personal and a+dvertisin; injury" involves; the rendering of or the fat#ure to render eny pro?e;s_ionsa€ architectural, enginei�ring or su ;eying se -Moo—&. 01 Insurance Services Office. Inc, 2012 Pigs 1 of 2 cc 20 33 04 13 Policy lwmber`. 60686-17 Tr:arasacllon Etfectim Date: 03.01-2131£3 2. 'Bodily in ur y, or ,Props;ty "anlage„ oiccurring after: a. All wc,rk, inrluding materials, parts or eq.fipnnefnt furnis%aed in. rormection with such ark, c."a UN -1 projimt (oltiear tha.rz &£3rvice, maintenance, or repair-,) to be perl'urmed by or on behalf e the additional insured;si at the location of the crevered qp r htil - e has be -on completed, or b. That porlicin r./ "your orle out of which the Ijury or darnage arise has been put to its intended Lisp by any person or organi.Yatlon othY:r than afnothcr contrarlor or subrontracior engaged in p. >rforrning operations fora pnnrip al as is part of tt:p s; nau pr-, iJe `t, C. With respect to the insurance afforded to .hese zfeiditiesna€ iz:eai.ireds, the follovAng is added to Sectlazn lit - Umhs Of €€asurzam-e- The most.. we will pay on behalf of the additional insured is the amount of iinsuramce, 1. Required by the contract or agreement you have entered Into with. the additional insured, or Z Arai€ablo and or t€ie uppliruble Limits cif ln,-, ara3nco shown in t€ o Decl<ar<atiomm Whirhaver is I-ess. This 00 not Increase the applicabtA Limits of insurance shown, in the Declarations, Pais 2 o'f2 t hi-,urzancea ,errs oza Office. ins;., 2012 20 33 04 13 iso€ioy Pdjjmbei� R16,1617 i f aatsecfion Effective Date: ?,3.01-9018 POLICY NUMBER, 6068617 COMMERCIAL GENERAL LIABILITY CG 201 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS » COMPLETER OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUC`€'SICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Arlditlonal Insured Persons) _...........t�rorganization($)._.,_.„................................... Location And Description Of Completed Operations f 1TY OF OSHKOSH ALL PROJECTS OR WORK DONE BY THE. NAMED PO BOX 1130 INURED FOR THE ADDITIONAL INURED IOSHKOSH WI 54903 PERSON($) OR ORGANIZATION($). I ADDITIONAL INSUREDS ALSO INCLUDE: CITY OF OSHKOSH, AND ITS OFFICER$, COUNCIL j MEMBERS, AGENTS, EMPLOYEES, AND ( AUTHORIZED VOLUNTEERS. information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Seetlon It - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury` or "property damage" caused, in whole or in part, by "your works at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-comp€eted operations hazard". However: 1. The insumice afforded to such additional insured only applies to theextent permitted by law; and 2, If coverage provided to the additional insured is required by a contract or agreement; the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. AL D€X CONCRETE, INCORPORATED 401 GERTRUDE ST KAUKAUNA WI 54130 S. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Q Insurance Services Office, lnc., 2012 Page 1 of 1 CG 20 37 04 13 Policy Number: 6068617 Transaction Effective Date: 04-13-2018 Contract Number NWI 1317. Date Bond Executed (Date of Contract or Later) 3 – 2 8 –18 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Al Dix Concrete Inc 401 Gertrude St, Kaukauna, WI 54130 SURETY(IES) (Legal Name(s) and Business Address(es)) Merchants National Bonding 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 CITY OF OSHKOSH Type of Organization Individual — Partnership x Corporation State of Incorporation Wisconsin Penal Sum of Bond $1,279,130.00 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above, which is incorporated herein by reference. This Bond shall cover any work performed during initial construction and any warranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after: 1. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract. Within five (5) business days of the Owner's notice, either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five (5) business days of ""4 MERCHANTS BONDING C®.l PANY' I GOWER 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 th e 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-ofAttorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Difectors 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 onany 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, fhe Companies have caused this instrument to be signed and sealed this22ndday of May , 2015. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 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 BoaMs 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. oP�ta<sssion N WOODY z 9 Commission Number 784654 My Commission Expires y iw June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, Wllliarn 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 POA 01714 (7/14) II?lide'l/JjfFi O° p p O°°° O Pak ., 'd_ o �O; U -e M FJ o Q - .� , 1933 ° 0 `.� i ye 4y ° V� ♦ .� ° 00 °°°°e Secretary "I� MERCHANJTS BONDING 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 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. STATE OF IOWA COUNTY OF POLK ss. yyI I((N}}9/t)Ilj 000-0 f 'A�'j/�p�°" 1933 �o ��.\•�i �S • 03C�A.erS�.4 0 vf•'• p OOV ••. • �00 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President On this22ndday of May , 2015, before me appeared Larry Taylor, to me personally known, who being by me duty 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. oPR', cs N1ENDY bv00DY" Commission Number 784654 L My Commission Expires . i w June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as, 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 V1Otness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of , POA 0014 (7/14) Secretary PAYMENT BOND Contract Number NWI 1317 Date Bond Executed (Date of Contract or Later) 3 – 2 8 –18 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Al Dix Concrete Inc 401 Gertrude St. Kaukauna, WI 54130 SURETY(IES) (Legal Name(s) and Business Address(es)) Merchants National Bonding 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 CITY OF OSHKOSH Type of Organization —Individnal —Partnership X Corporation State of Incorporation Wisconsin Penal Sum of Bond $1,279,130.00 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract identified above, which is incorporated herein by reference, subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required Linder the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation Linder 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. Wimlebago 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. Ni Du ( , 1, Na e of Principal/Contractor Kt -i -ice Name of Surety Y V t j Y L YLI-�— } 1-/j't - TitleG�_Yy the request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed a reasonable time to perforin the Contract, but such agreement shall not waive the Owner's right, if any, to subsequently declare the Contractor in default; 2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and 3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actions: 1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or 5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above, Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. A) �ix coy tJ �-- Lt. Name of Principal/Contractor AL � \r1u, prKlAcili- foe ah o 6 Name of Surety "-r nPak ,&� Title ���ii��/ Ct-e r\�wu