HomeMy WebLinkAboutPW CNT 05-06/Fischer-Ulman
OS-OtR
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CONSTRUCTION CONTRA CT
THIS AGREEMENT, made on the 29th day of April, 2005, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FISCHER-
ULMAN CONSTRUCTION, INC., 1115 S. Theodore St., Appleton, WI 54915, party of the
second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, agree as
follows:
ARTICLE I. SCOPE OF WORK
The Contractor hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described in
the specifications for the project entitled or described as follows:
for concrete sidewalk, pursuant to Resolution 05-87 adopted by the Common Council of
the City of Oshkosh on the12th day of April, 2005,
all in accordance and in strict compliance with the Contractor's proposal and the other
contract documents referred to in ARTICLE V of this contract.
ARTICLE II. TIME OF COMPLETION
The work to be performed under this contract shall be commenced and the work
completed within the time limits specified in the General Conditions and/or Contractor's
proposal.
ARTICLE III.
PAYMENT
(a) The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
$424,314.00 , adjusted by any changes as provided in the General Conditions, or any
changes hereafter mutually agreed upon in writing by the parties hereto, provided,
however, in the event the proposal and contract documents are on a "Unit Price" basis, the
above mentioned figure is an estimated figure, and the City shall, in such cases, pay to
the Contractor for the performance of the contract the amounts determined for the total
number of each of the units of work as set forth in the Contractor's proposal; the number
of units therein contained is approximate only, and the final payment shall be made for the
actual number of units that are incorporated in or made necessary by the work covered
by the contract.
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(b) Progress Payments.
I n the event the time necessary to complete this Contract is such that progress payments
are required, they shall be made according to the provisions set forth in the General
Conditions.
ARTICLE IV.
CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims and demands of any kind or character whatsoever
which may in any way be caused by or result from the intentional or negligent acts of the
Contractor, his agents or assigns, his employees or his subcontractors related however
remotely to the performance of this Contract or be cau$ed or result from any violation of
any law or administrative regulation, and shall indemnify or refund to the City all sums
including court costs, attorney fees and punitive damages which the City may be obliged
or adjudged to pay on any such claims or demands within thirty (30) days of the date of the
City's written demand for indemnification or refund.
ARTICLE V.
COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a
part of this contract as if herein set out verbatim, or if not attached, as if hereto attached:
1. General Conditions
2. Advertisement for Bids
3. Instructions to Bidders
4. Specifications, including any addenda
5. Plans
6. Contractor's Proposal
7. This Instrument
In the event that any provision in any of the above component parts of this contract
conflicts with any provision in any other of the component parts, the provision in the
component part first enumerated above shall govern over any other component part which
follows it numerically except as may be otherwise specifically stated.
IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word
"Contractor" wherever used in this contract means the party of the second part and
its/his/their legal representatives, successors and assigns.
2
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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 Comptr()lIer of saidCity, 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:
f1è'~4
(Seal of Contractor
if a Corporation.)
CONTRACTOR
FISCHER-ULMAN CONSTRUCTION, INC.
By:
By:
~$~¿Á~
(S~t~~
CITY OF OSHKOS~
By: ("",~ .
Richard A. Wollangk, City Manager
And:
I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
9&A~.Q Q/~
City Comptroller
3
~ of 4 originals
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No.779483
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Fischer - Ulman Construction, Inc.
1115 South Theodore Street
Appleton, WI 54915-3906
SURETY (Name and Principal Place of Business):
Ohio Farmers Insurance Company
P.O. Box 5001
Westfield Center, OH 44251-5001
OWNER (Name and Address):
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54901
CONSTRUCTION CONTRACT
Date: April 29, 2005
Amount: ($ 424,314.00 ) Four Hundred Twenty Four Thousand Three Hundred Fourteen Dollars and 00/100
Description (Name and Location): Concrete Sidewalk Construction
BOND
Date (Not earlier than Construction Contract Date): April 29, 2005
Amount: ($424,314.00 ) Four Hundred Twenty Four Thousand Three Hundred Fourteen Do!lprs and 00/100
Modifications, to this Bond: 0 None ø See Pag2 3
Signature:
Name and Tit e:
CONTRACTOR AS PRINCIPAL
Company:
Fischer - UI
,
(Corporate Seal)
SUREJV'/'"
Com~:
Ohio Farmers
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Insurance Services, Inc. other party):
City Center East, 122 E College Avenue (2nd floor)
Appleton, WI 54911
920739-7711
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 1
1 The Contractor and the Surety, iointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods ofperiorming the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub.
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the O\'.:ner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex.
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre.
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1
After investigation, determine the amount for
2
which it mav be liable to the Ovmer and, as
soon as praéticable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in vvhole or in part and notify the
Owner citing reasons therefor.
5 Iftne Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Suretv
demanding that the Surety perform its obligations unde'r
this Bond, and the Owner shall be entitled to ef1force anv
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Ovvner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above.
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subiect to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
cost!; resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Suretv shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance 01 the Contract Price
shan not be reduced or set off on account of any such
unrelated obligations, No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within t\.vo vears after Contractor
Default or within two vears after the Contractor ceased
worki ng or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc.
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum períod of limitation avail-
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA '&
THE AMERICAN INSTITUTE OF ARCHITECTS, 1ï3S NEW YORK AVE., N.W., WASHINGTON. D.c. 20006
THIRD PRINTING. MARCH 1987
A312-1984
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
Terrorism Disclosure Notice Attached
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto. .
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to .per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner. which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Sea])
Signatu re:
Name and Title:
Address:
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA ~
THE M",tRICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON. D.c. 20006
THIRD PRINTING. MARCH 1987
A312.1984 3
~ of 4 originals
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 779483
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
Fischer - Ulman Construction, Inc.
1115 South Theodore Street
Appleton, WI 54915-3906
SURETY (Name and Principal Place of Business):
Ohio Farmers Insurance Company
P.O. Box 5001
Westfield Center, OH 44251-5001
CONTRACTOR (Name and Address):
OWNER (Name and Address):
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54901
CONSTRUCTION CONTRACT
Date: April 29,2005
Amount: ($424,314.00 ) Four Hundred Twenty Four Thousand Three Hundred Fourteen Dollars and 00/100
Description (Name and Location): Concrete Sidewalk Construction
CONTRACTOR AS PRINCIPAL
Company:
Fischer - Ulm
BOND
Date (Not earlier than Construction Contract Date): April 29, 2005
Amount: ($ 424,314.00 ) Four Hundred Twenty Four Thousand Three Hundred Fourteen Dollars and OOI'JOO~
Modifications to this Bond: 0 None IKI Se Page 6
---
~~~~r_-
Ohio Farmers
Signature:
Name and Ti
(C;xporate Seal)
Signature.
Name and Title: ,.. ,
(Any additional signatures appear on page 6)
(FOR INFORMA nON ONL Y-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Insurance Services, Inc. other party):
City Center East, 122 E College Avenue (2nd floor)
Appleton, WI 54911
920739-7711
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.c. 20006
THIRD PRINTING. MARCH 1987
A312.1984 4
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directlvor indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shan be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1
Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of' the party to whom the
materials were furnished or supplìed or for
whom the labor was done or performed; and
Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
.2
.3
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
{', When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the foHowing actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shaH not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Còntractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AlA DOCUMENT A312' PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1934 ED.' AlA'"
THE AMERICAN INSTITUTE OF ARCHIHCTS. 1735 NEW YORK AVE.. NW. WASHINGTON. D,c. 20006
THIRD PRINTING' MARCH 1987
A312.1984
5
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
Terrorism Disclosure Notice Attached
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default; Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as requi red by the Construction Contract or to
perform and complete or comply with the other terms
thereof. .
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature:
¡Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A3t2 . PERfORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.c. 20006
THIRD PRINTING' MARCH 1987
A312*1984 6
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fii:
WESTFIELD
INSURANCE
A member of Westfield Group'M
RIDER
Policyholder and/or Bondholder Disclosure:
NOTICE OF TERRORISM INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act").
The Act became effective immediately and establishes a temporary Federal program that provides for a system of
shared pubJic and private compensation for an "insured loss" resulting from certified acts of foreign "terrorism",
as defined under the Act. The Act further requires that all in-force exclusions for acts of terrorism, as defined in
the Act, already contained in a policylbond or included as an endorsement in a policylbond, become nullified as of
November 26, 2002,
Coverage for acts of terrorism is included in your current policylbond and/or in any policylbond quoted for you.
You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified
acts of terrorism would be partially reimbursed by the United States under a formula established by federal law.
Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established
deductible paid by the insurance company providing the coverage.
The actual coverage provided by your policylbond for acts of terrorism, as is true for all coverages, is limited by
the tenns, conditions, exclusions, limits, other provisions of your policylbond, any endorsements to the
policylbond and generally applicable rules of law.
During your current policyJbond period, the portion of your premium that is attributable to coverage for acts of
terrorism is $0.00. If it becomes necessary to include a premium for terrorism coverage in a future renewal of
your policy/bond, you wiJl receive notification of that premium through a separate line in your poIicylbond.
Should you have any question regarding this notice, please contact your insurance agent
One Park Clrde . P.O. Box 5001 . Westfield Center, OH 44251.5001.1.800.243.0210. fax 330.887.0840' \'VWW.westfieldgrp.com
AD 8529A 11 02
. .
General
Power
of Attorney
POWER NO. 4830252 01
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
CERTIFIED COpy
Know All Men by ThesfJ Presønts, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referr$<! to Individually as a "Company" and collectively as "Companies," duly
organiZed and existing under the laws of the state of OhiO, and having Its prinCIpal office In Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
RICHARD". DE VRIES, TONI SCHINKE, STACEY L. RYAN, TIMOTHY R. NICKELS, JOINTLY OR SEVERALLY
of APPLETON and State ,of WI its true and lawful Attorney(S)-ln-Fact, with full power and authority hereby conferred In its name,
place and stead,to execute,acknowl$<!ge and dellv« any anéf all bóhds,recognl:z:ances, undertakings, or other Instruments or contracts of
suretyShip- - - - 0 o. - 00 - - - -. -....0 - 0.....0......0..... -. -. -.....0.......0...
UMITATJON: THIS POWER OF ATTORNEY CANNOT BE UsED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
bWUtANTEE, OR BANk DEPOSITORY BONDS. .
and to bind any øfthe cømpani~thereby as fully and to the same extent as ihuçhbonds Were slgn~ by the President, sealed with the corporate
seal of the applicable €(¡)mpany and duly âttested by its secretary,hliltéby ratlfylno and confirming ¡¡¡II that the said Attomey(s)-ln-Fact may do In
t!;~li~:;~riNs1,~~~k~~~~~,~~:T$~i~Ñ:Tr6N~t~~~Rl~~~ ~~:,~~~e:~ut6:~~f~~E~~ 1~~~:~C~f g~t:~y:Of each of the
"Be It Re$OJved, that the Presldeht, á!'lV Sèl1lor EÞxec:trtive,an.y$ecretary or ðnyFldal1ty & Surety ()peratlonSExecUtlve or other executive shall
bean" d. Is ".' erêbY. vest.'. ... .",ecd,.' . With fu,. II fJ4)W,..' .« .n, da,. uthO.t'Ity. '.' ..".,tQ... å. /i>P~i:t'l. ta"nYøtleørrnore stJibtbte persOriS8S Attorney(s)-ln-Fact to represent and act for
andon~f:tllll9fthe ~pany subJe<!ttø the foIl<¡JWlngprøvlsløtls: .
'111" Att.ørney-tn-Fsetmay bë glvenMlpøweranø authority for _nd inthë name (¡)f and on behalf ofthë Company, to exec,ute, a<:knowledge and
deliver, any and¡; 11 oonds,reooøniz;an_. (:E)ml'ac:ts. IiIgreements otindemnity and øther condltJønal or obllgatøry undertakings and any and all
. notlçeS and documents øan~IIt\f1 Ð.r ten:I'IIt\.ting the CClmpanY'. liaf.\lillty thereunder, and any such instruments so execut$<! by any suCh
AttomeY.It'l-Faet $~II beasblndliig'l4ÞOn the eømpany as If sl{J"ecd 1!>y tHePresldent,andseal«l and attest$<! by the Corporate Secretl'ilry."
"'Be It FurthetResOftte(J, thatthe $lgnat!.lrèOf~rty ~h d~IØ.I'I~te( persøn and the seal Of the COmpany heretofore or hereafter affixed to any
power of ðftornèY or any certJfiCáterflletlfll@ therf3to by facsimile, ano.ny þ()Wer of attarney or certIficate bearing facsimile signatures or facsimile
seal sháll~ v,lId and binding tIpon the Cømpany with respectto .nyband ør undertakIng to whtt';h It Is attached," (Each adopt$<! at a meeting
held on February.. 2000).
In WltM$$ Whereof, WE$TFI~I.D INSURANO¡ COMPANY. WE$TFIISt,D NAT ONALINSU~ANCE COMPANY arid OHIO FARMERS INSURANCE
. COMPANY have eaus.ed these presents to be $Ignecd by their Senior executive and their corporate seals ta be heretø affixed this 14th day of
FEBRUARYA.D.,2003. .
"""""'" - '-""'iI;.~
Corpøme ~'V...~ ' ,""~~t)NA4 ~.'..!~ . A"""" 'rߣf+. WESTFIELD INSU RANCE COMPANY
=8 ~~,~,',.~."'~~~ e/~j)~:. H,EfJ,~~r~~~r~J~~~PA~ '~' . .
"" "..u." "'-""'"
Stllte øfOhló "',......~t"""'" "h.,............. By:
county of Medina 55.: Rlehard L.Klnnalrd, Jr., Senior Executive
On this 14th day ófFEBRUARY A,D., 2003, beføre me persønany earn. RlchardL. Kinnaird, Jr. tome known, who, being by me duly
$Worn, did depÇ)S.e liln(j say, that he re$ d~ inlilEllJlna, ()hlQi that he Is Senior Executive of WESTFtE!:oÞ INSURANCE COMPANY, WI:$TFIELD
NATIONAL INSu.RANCË~MPANY and ÖHIOFA~MERSINSlJRANCE COMPANY, thø wmpànles dl¡l$cribedln and whiéhexecut$<! the above
Il'IStruméntithathaknow$ the seals ot said ÇornpanlÐs;thât the $èfJlsâffixed to said Instrument arø suøh corporate seals; that they were so affixed
by :ËE ""'- <11"'- or .... _OS; 10\6 "'.. '. "_'" ~ ~ .... _. ~
state Øf Ohio
COunty Of Medina
WIlliam J. Kahelln, A nay at Law, Notary Public
My COmmission DQes Not expire (sec. 147.03 01'110 ReVised COde)
SS.:
BPOAC2 (combined) (06-02)
I