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HomeMy WebLinkAboutAl Dix Concrete PW 19-06 CONSTRUCTION CONTRACT THIS AGREEMENT,made on the 10th day of April,2019,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. 19-06 for various concrete sidewalk new and rehabilitation in the City of Oshkosh, for the Public Works Department, pursuant to Resolution 19-212 adopted by the Common Council of the City of Oshkosh on the 9th day of April, 2019, 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 Four Hundred Eight Thousand Nine Hundred Fifty Dollars and 00/100 ($1,408,950.00), 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 1 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 CON TRACTOR, 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: 2 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. 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: CONTRACTOR Al Dix Concrete, Inc. 0990,AA °g"' By: i1/4).4"„ (Seal of Contractor (Specify Titl if a Corporation.) By: (Specify Tit19,5 3 CITY OF OSHKOSH By: Mar A. Rohloff, City Manager i ess) And: Wi ess) Pamela R. Ubrig, City C erk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract . Lorenson, City Attorney 4CIALM • Trena Larson, City Comptroller 4 ® DATE(MM/DD/YYYY) ACCOR L CERTIFICATE OF LIABILITY INSURANCE 4/23/2019 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(ies) 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). PRODUCER CONTACT NAME: Mary McLennan Spectrum Insurance Group GB PHONE FAX 303 Packerland Dr., Ste C (A/C.No.Ext): 920-884-2850 (A/c,No):920-884-2851 Green Bay WI 54307 ADDRESS: Mary.McLennan@spectruminsgroup.com INSURER(S)AFFORDING COVERAGE NAIL I INSURER A:Sentry Insurance INSURED ALDIX-1 INSURER B: Al Dix Concrete, Inc. 500 Draper Street INSURER C: Kaukauna WI 54130 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1925907240 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 INSURANCE ADDL SUER POLICY EFF POLICY EXP !M/ LIMITS LTR INSD WVD POLICY NUMBER (MDDIYYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y A0124560004 3/1/2019 3/1/2020 EACH OCCURRENCE $1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREMISESO(EaENTED occurrence) $50,000 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 X Fjpef X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y A0124560001 3/1/2019 3/1/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR A0124560006 3/1/2019 3/1/2020 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$n $ A WORKERS COMPENSATION A0124560005 3/1/2019 3/1/2020 X I PER ERH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETORARTNER/EXECUTIVE/P E.L.EACH ACCIDENT $100,000 OFFICER/MEMBEREXCLUDED? N/A -(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes.describe under DESCRIPTION OF OPERATIONS below j I E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES ACORD 101,Additional Remarks Schedule,may be attached if mores ace Is required) City of Oshkosh Contract 19-06 Project. Dorner Inc(General Contractor)and City of Oshkosh(Owner), its officers, council members,agents,employees or authorized volunteers are included as Additional Insured on a primary&non-contributory basis for the General Liability(ongoing&completed operations),Auto Liability,and Umbrella Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue P 0 Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 Q�Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • POLICY NUMBER: A0124560001 COMMERCIAL AUTO • CA 76 01 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY - COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. Named Insured: Al Dix Concrete Inc Endorsement Effective Date: 03/01/2019 SCHEDULE Name Of Person(s) Or Organization(s): Any Additional Insured where required by written contract executed prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Each person or organization shown in the B. Primary And Noncontributory Insurance Schedule is an "insured" for Covered Autos This insurance is primary to and will not seek Liability Coverage, but only to the extent that contribution from any other auto insurance issued person or organization qualifies as an "insured" to the person or organization in the schedule under the Who Is An Insured provision contained under your policy provided that: in: h A.1. of Section II - Covered Autos (1) The person or organization is a Named Insured (1) Paragraph g p under such other insurance; and Liability Coverage in the Business Auto and Motor Carrier Coverage Forms;or (2) Prior to the "accident" you have agreed in D.2. of Section I - Covered Autos writing in a contract or agreement that this (2) Paragraph insurance would be primary and would not Coverages of the Auto Dealers Coverage seek contribution from any other insurance Form. available to the person or organization. CA 76 01 06 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 A0124560 with its permission. 02/28/2019 Middlesex Insurance Company 3 00002 0000003026 19059 0 N FEBF4E77-F79B-4718-AE16-7BF8784EAFCB 0027020044348900653954130142301 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 I 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) Location(s)Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "property damage" or "personal and advertising "property damage" occurring after: injury" caused, in whole or in part, by: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or law;and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the same is required by a contract or agreement, the project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc.,2012 Page 1 of 2 A0124560 02/28/2019 Middlesex Insurance Company 31 00057 0000003017 19059 0 N 13FD30A2D-6037-4807-9A84-FEC475814730 0027020044348960661554303482075 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III -Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or { Page 2 of 2 ©Insurance Services Office, Inc.,2012 CG 20 10 04 13 A0124560 Middlesex Insurance Company 02/28/2019 Sentry. — POLICY NUMBER: A0124560004 ADDITIONAL INSURED - SUPPLEMENTAL DECLARATIONS The following persons or organizations are included as Additional Insureds, but only to the extent provided in the listed endorsement: Any Additional Insured where required by written contract executed prior to a loss Endorsement CG 24 04 05 09,Waiver Of Transfer Of Rights Of Recovery Against Others To Us, applies to this additional insured. The person or organization indicated above is included as an additional insured under the following endorsement(s): CG 20 37 04 13 Additional Insured-Owners, Lessees Or Contractors- Completed Operations Location and Description of Completed Operations: All Jobsites-Work Performed by Named Insured CG 20 10 04 13 Additional Insured-Owners, Lessees Or Contractors-Scheduled Person Or Organization Location of Covered Operations: All Jobsites-Work Performed by Named Insured Job Description: All Jobsites-Work Performed by Named Insured CG 89 05 10 14 Page 1 of 1 A0124560 02/28/2019 Middlesex Insurance Company 7 00057 0000003017 19059 0 N 8FD30A2D-61337-48C7-9AB4-FEC475131473D 0027020044348960661554303482075 • POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. -� ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s) Operations Information required to complete this Schedule,if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement,the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent permitted by whichever is less. law;and This endorsement shall not increase the 2. If coverage provided to the additional insured applicable Limits of Insurance shown in the is required by a contract or agreement, the Declarations. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc.,2012 Page 1 of 1 A012456xx Insurance Company 02/28/2019 Middlesex 33 00057 0000003017 19059 0 N 8F030A20-6B37-4807-9AB4-FEC4751314730 0027020044348960661554303482075 Sentry — POLICY NUMBER: A0124560004 ADDITIONAL INSURED - SUPPLEMENTAL DECLARATIONS The following persons or organizations are included as Additional Insureds, but only to the extent provided in the listed endorsement: Any Additional Insured where required by written contract executed prior to a loss Endorsement CG 24 04 05 09,Waiver Of Transfer Of Rights Of Recovery Against Others To Us, applies to this additional insured. The person or organization indicated above is included as an additional insured under the following endorsement(s): CG 20 37 04 13 Additional Insured-Owners, Lessees Or Contractors- Completed Operations Location and Description of Completed Operations: All Jobsites-Work Performed by Named Insured CG 20 10 04 13 Additional Insured-Owners, Lessees Or Contractors-Scheduled Person Or Organization Location of Covered Operations: All Jobsites-Work Performed by Named Insured Job Description: All Jobsites-Work Performed by Named Insured CG 89 05 10 14 Page 1 of 1 A0124560 02/28/2019 Middlesex Insurance Company 7 00057 0000003017 19059 0 N 8F030A2D-61337-4607-9A84-FEC475B14730 0027020044349960661554303492075 • POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY -I AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV- Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office,Inc.,2008 Page 1 of 1 A0124560 02/28/2019 Middlesex Insurance Company 49 00057 0000003017 19059 0 N 9FD30A2D-6B37-49C7-9AB4-FEC47501473D 0027020044348900001554303482075 POLICY NUMBER: A0124560001 COMMERCIAL AUTO CA 76 01 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY - COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. Named Insured: Al Dix Concrete Inc Endorsement Effective Date: 03/01/2019 SCHEDULE Name Of Person(s) Or Organization(s): Any Additional Insured where required by written contract executed prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Each person or organization shown in the B. Primary And Noncontributory Insurance Schedule is an "insured" for Covered Autos This insurance is primary to and will not seek Liability Coverage, but only to the extent that contribution from any other auto insurance issued person or organization qualifies as an "insured" to the person or organization in the schedule under the Who Is An Insured provision contained under your policy provided that: in: (1) The person or organization is a Named Insured (1) Paragraph A.1. of Section II - Covered Autos under such other insurance;and Liability Coverage in the Business Auto and Motor Carrier Coverage Forms;or (2) Prior to the "accident" you have agreed in (2) Paragraph D.2. of Section I - Covered Autos writing in a contract or agreement that this insurance would be primary and would not Coverages of the Auto Dealers Coverage seek contribution from any other insurance Form. available to the person or organization. CA 76 01 06 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of I A0124560 with its permission. 02/28/2019 Middlesex Insurance Company 3 00002 0000003026 19059 0 N FEBF4E77-F798-4718-AE16-70F8794EAFC6 0027020044348960653854130142301 Sentry. POLICY NUMBER: A0124560004 ADDITIONAL INSURED - SUPPLEMENTAL DECLARATIONS The following persons or organizations are included as Additional Insureds, but only to the extent provided in the listed endorsement: Any Additional Insured where required by written contract executed prior to a loss Endorsement CG 24 04 05 09,Waiver Of Transfer Of Rights Of Recovery Against Others To Us, applies to this additional insured. The person or organization indicated above is included as an additional insured under the following endorsement(s): CG 20 37 04 13 Additional Insured-Owners, Lessees Or Contractors- Completed Operations Location and Description of Completed Operations: All Jobsites-Work Performed by Named Insured CG 20 10 04 13 Additional Insured-Owners, Lessees Or Contractors- Scheduled Person Or Organization Location of Covered Operations: All Jobsites-Work Performed by Named Insured ++s Job Description: All Jobsites-Work Performed by Named Insured • CG 89 05 10 14 Page 1 of 1 A0124560 02/28/2019 Middlesex Insurance Company 7 00057 0000003017 19059 0 N 8FD30A2D-6037-48C7-9AB4-FEC4751314730 0027020044348960661554303482075 Bond No. NWI 1630 PERFORMANCE BOND CITY OF OSHKOSH Contract Number Public Works 19-06 Date Bond Executed (Date of Contract or Later) April 10,2019 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization Al Dix Concrete Inc 401 Gertrude Street _Individual _Partnership Kaukauna WI 54130 x Corporation State of Incorporation WI SURETY(IES) (Legal Name(s)and Business Address(es)) Penal Sum of Bond Merchants National Bonding,Inc. One Million,Four Hundred Eight Thousand, PO Box 14498 Nine Hundred Fifty Dollars and 00/100 Des Moines,Iowa 50306 (1,408,950.00) 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 herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. Al Dix Concrete Inc Merchants National Bonding,Inc Name of Principal/ ontra or Name of Surety v t(,ems p�2�5 � itOite. e ziA dt_41 ,--.- Title 1 Atto ney-iri-=ct • MERCHANT17 BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Cayden Janse;Darrel Zaleski;Dena M Kawski;Justin Trepes; Karena Froom; Michael L Kim Syverson; Richard K Carlson rs;Linda D Covey;Mary A Kaiser;Mary Hutson their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. of DPower-of-Attorney is grantedondinand is siynMutu l on sealed April 23a 0111 and amended August 14, 2015 a following nd adopted by the B and of Dy-Laws adopted by ir cto sBoard of Directors of Merchants Bonding Company of Merchants National Bonding,Inc.,on October 16,2015. "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 connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 4th day of June , 2018 p . P_CO/if MERCHANTS BONDING COMPANY(MUTUAL)1%°NA< • -' 'p�poR4�®,�'. ;'o' vO�PD '4 .'*. MERCHANTS NATIONAL BONDING,INC. y2 _ .a—._ o v• • 7� =i 2003 :..s7 �y 1933 .V• By =vd • �•. ' %.•- •:�d� • `1'a�- President STATE OF IOWA COUNTY OF DALLAS ss. On this this 4th day of June 2018 , before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL) and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �Q?JAL ALICIA K.GRAM o Commission Number767430 138,-.1_ . .--- My Commission Expires / �' April 1,2020 N Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby 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 °,..st 110 Nifi a •••\tIG CQ)••• ,, • Z � : 4 `t e - a' • : c Secretary rc. 2003 ;,� .•r .• , . :,d�•. 4o. ..b, .•,d • ry ,• A `, •POA 0018 (3/17) Bond No. NWI 1630 PAYMENT BOND CITY OF OSHKOSH Contract Number Public Works 19-06 Date Bond Executed(Date of Contract or Later)April 10,2019 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization Al Dix Concrete Inc 401 Gertrude Street Individual _Partnership Kaukauna WI 54130 Corporation State of Incorporation WI SURETY(IES) (Legal Name(s)and Business Address(es)) Penal Sum of Bond Merchants National Bonding,Inc. One Million,Four Hundred PO Box 14498 Des Moines,Iowa 50306-3498 Eight Thousand,Nine Hundred Fifty Dollars and 00/100 OWNER(Legal Name and Business Address) (1,408,950.00) 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. Al Dix Concrete Inc/ 4---) Merchants National Bonding,Inc Name of Principal/Contract Name of Surety ' 11/.6 :pt...(2.jicx(in, \f 1(--(Z P QS.i&A) Title Atto ney-in act i MERCHANTII BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Cayden Janse;Darrel Zaleski;Dena M Kawski;Justin Trepes;Karena Froom;Kim Syverson;Kristin Boevers;Linda D Covey;Mary A Kaiser;Mary Hutson Clark;Mary McLennan;Michael L Tiedt;Richard K Carlson their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23,2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "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 connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 4th day of June , 2018 ;.'`�P��pQA<•e' �����PO��A9 MERCHANTS BONDING COMPANY(MUTUAL) /....ic,0.ik R9J;•:2 • :v0 69�;•y,�; MERCHANTS NATIONAL BONDING,INC. o• •• 7,4_, F. 2003 :' •:y 1:3 .rc: By %.I. •.......•.:;r • d , '.\1• President • STATE OF IOWA ••�.""...... ' COUNTY OF DALLAS ss. On this this 4th day of June 2018 before me appeared Larry Taylor,to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �PR A tt 6, ALICIA K.GRAM o �' s. Commission Number 767430 !°I-� My Commission Expires ,owe, April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby 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 IONq \NG•Co .. 0?0c40R'11' 2; ir • 9AA9O'` / - . .tJ <�'rr' 's'ze: 4: -o �;z= :Q. 7• Secretary v':` 2003 :i• • yJ. 1933 ti. POA 0018 (3/17)