The URL can be used to link to this page

Home My WebLink AboutPW CNT 07-05/Michels Corporation ......,,t./,",., q~1v D~ 6'1/ .. CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 23rd day of May, 2007, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MICHELS CORPORATION, PO Box 128, 817 W. Main St., Brownsville, WI 53006-0128, 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 equipmenit 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 crushing, Public Works Contract No. 07-05, pursuant to Resolution 07-138 adopted by the Common Council of the City of Oshkosh on the 22nd day of May, 2007, 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 $111,340.00, 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. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the 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 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. 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 I n 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 thH 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 ... ",tI-.,: 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: ~4fLB V~Jl(jP ~6~/ (Seal of Contractor if a Corporation.) ~. " 1A~\;~ , ity At CONTRACTOR Michels orporation By: OM J. Westerman Divlsion Manager (Specify Title) By: OJ) f\ ~ Daniel R. &hwartzY ~9sistant S@cr@tary (Specify Title) CITY OF OSHKOSH By: '44 d0 ~~(jn~ / Pamela R. Ubrig. 6iiy'cJ,rk- (5 I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. gJ..hLiJa ~ City Comptroller 3 ~ " THE AMERICAN INSTITUTE OF ARCHITECTS Bond No,929427899 AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. SURETY (Name and Principal Place of Business): Continental Casualty Company 333 S. Wabash Ave. Chicago, IL 60604 CONTRACTOR (Name and Address): Michels Materials, A Division of Michels Corporation 817 W. Main Street Brownsville, WI 53006 OWNER (Name and Address): City of Oshkosh 215 Church Street Oshkosh, WI 54902-1130 CONSTRUCTION CONTRACT Date: May 23,2007 Amount: ($ 111,340.00 ) One Hundred Eleven Thousand Three Hundred Forty Dollars and 00/100 Description (Name and Location):Concrete Crushing for City of Oshkosh Wisconsin Contract 07-05 BOND Date (Not earlier than Construction Contract Date): May 31,2007 Amount: ($111,340.00 ) One Hundred Eleven Thousand Three Hundred Forty Dollars and 00/100 Modifications to this Bond: ~ None 0 See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Michels Materials, A Divisi n of Michels Corporation Signature:\) J) fl Name and Title: Daniel R. Sc wartz Assistant Secretary (Any additional signatures appear on page 3) SURETY Company: Continental Casualty Compan (Corporate Seal) (FOR INFORMA nON ONL V-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Weible & Cahill other party): 2300 Cabot Drive, Suite 100 Lisle,IL 60532 630-245-4600 AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 EO. . AlA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 173S 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 Oefault, 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 of performing 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 \vaive 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 Owner. 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 ConstrucHon 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 which it mav be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the 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 O"mer to the Suretv demanding that the Surety perform its obligations unde'r this Bond, and the Owner shall be entitled to enforce any 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 OV\'r'ler. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract and if the Surety elecls 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 subject 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 costs 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 of the Contract Price shall 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 COllrt of competent juri5diction 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 years after the Contractor ceased working or \....ithin two years after the Surety refuses or fails to perform its obligations under this Bond, \vhichever oc. curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail. AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA ;~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEVI,' YORK AVE., N.W.. WASHINGTON. D,C. 20006 THIRD PRINTlNC . MARCH 1987 A312-1984 2 i 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 BONO ARE AS FOLLOWS: 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 Seal) Signature: Name and Title: Address: AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 19&1 ED. . AlA !J THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE" N.W., WASHINGTON, D.C. 20006 THIRD PRINTING' MARCH 1987 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 929427899 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Michels Materials, A Division of Michels Corporation 817W. Main Street Brownsville, WI 53006 OWNER (Name and Address): City of Oshkosh 215 Church Street Oshkosh, WI 54902-1130 CONSTRUCTION CONTRACT Date: May 23, 2007 Amount: ($111,340.00 ) One Hundred Eleven Thousand Three Hundred Forty Dollars and 00/100 Description (Name and location): Concrete Crushing for City of Oshkosh Wisconsin Contract 07-05 Continental Casualty Company 333 S. Wabash Ave. Chicago, IL 60604 BOND Date (Not earlier than Construction Contract Date): May 31, 2007 Amount: ($ 111,340.00 ) One Hundred Eleven Thousand Three Hundred Forty Dollars and 00/100 Modifications to this Bond: KJ None 0 See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Michels Materials, A ~ision of Michels Corporation Signature: \),j) D ~ Name and Title: Daniel R. Sc wartz Assistant Secretary (Any additional signatures appear on page 6) SURETY Company: (Corporate Seal) Continental Casualty compa~ . Signature: ft{):/fWv{j 'lfYJUlo/ Name and Title: Esther C, enez Attorney-in-Fact (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Weible & Cahill other party): 2300 Cabot Drive, Suite 100 Lisle,IL 60532 630-245-4600 AlA DOCUMENT A312 . PERfORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 m. . AlA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984f " THIRD PRINTING · MARCH 1967 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 incorpcr 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. directly or indirectly, for all sums dlJe 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, Hen 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 shall 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 supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above ncr bce any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 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. 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. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following 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 shall 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 Contractor 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, sh311 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 reqlJirement shall be deemed incorporated herein, The intent is that this AlA DOCUMENT A312. PERFORMANCE BONO AND PAYMENT BOND. DECfMBER 1984 ED,. AIA<!. THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AYE., 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 orwith 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: 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 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 Seal) Signatu re: Name and Title: Address: AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECE.'vlBER1984 ED. . AlA @ THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE" N.W., WASHINGTON, D.C. 20006 THIRD PRINTING · MARCH 1987 A312~1984 6 { , , . STATE OFILLlNOIS SS: COUNTY OFDUPAGE SURETY ACKNOWLEDGEMENT (ATTORNEY-IN-FACT) On this 31 sl day of Mav in the year 2007 before me, Kimberly R. Holmes, a Notary Public in and for said County and state, residing therein, duly commission and sworn, personally appeared Esther C. Jimenez, known to me to be the duly authorized Attorney-in-Fact of the Continental Casualty Company and the same person whose name is subscribed to the within instrument as the Attorney-in-Fact of the said Company and the said Esther C. Jimenez duly acknowledged to me that she subscribed the of the Continental Casualty Company thereto as Surety and her own name as Attorney-in-Fact. IN WITNESS WHEREOF, I have hereunto set my official seal the day and year in this certificate first above written. Will County State of Illinois My Commission expires: January 26, 2010 (Seal) "OFFICIAL SEAL" KIMBERLY R. HOLMES ~~~~~~~~~N l~i~E~F1/~~/~~O , . POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtu(~ of the signatures and seals herein affixed hereby make, constitute and appoint Karen A Ryan, William P Weible, Esther C Jimenez, Deborah Buss, William Cahill, Kimberly Sawicki, Molly M Moran, Melissa Newman, Kimberly R Holmes, Individually of Lisle, IL, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 19th day of April, 2007. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania ~ Thomas P. Stillman Senior Vice President State of Illinois, County of Cook, ss: On this 19th day of April, 2007, before me personally came Thomas P. Stillman to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELIZA PRICE NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES: 09/'17/09 My Commission Expires September 17 ~ 2009 ~~ ~~J Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance CompalllY of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors ofthe corporations printed on the reverse hereof is still in force. In testimony whereof! have hereunto subscribed my name and affixed the seal of the said corporations this 31st day of May 2007 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania a~) Assistant Secretary Form F6853-1/2007 , .. . . .!. Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or th,~ Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirec:tors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI-Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys~in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors ofthe Company at a meeting duly called and held on the lih day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed. and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Din:ctors of the Company. "Article VII-Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President of any Executive or Senior Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." ..' i>.- ~. ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 01/25/07 PRODUCER 1-630-773-3800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Two pierce Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Itasca, IL 60143 INSURERS AFFORDING COVERAGE NAIC# Kate Ackert (630) 694-5167 INSURED INSURERA:American Home Assur Co (A+ XV) 19380 Michels Corporation INSURERB: Zurich American Ins Co (A XV) 16535 P.O. Box 128 INSURER C: 817 West Main Street Brownsville, WI 53006 INSURER D: INSURER E: .0'....... COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~DD' TV"" nF I"""""N"" POLICY NUMBER P~}+~~~~)g8~E Pg~!fll~~lft~N LTR NSRr LIMITS B ~ERAL LIABILITY GL0350396006 02/01/07 02/01/08 EACH OCCURRENCE $1,000,000 DAMAGE ~9tENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurencel $ 300,000 I-- o CLAIMS MADE 0 OCCUR I-- MED EXP (Anyone person) $10,000 I-- PERSONAL &ADV INJURY $1,000,000 I-- GENERAL AGGREGATE $ 2,000, 000 n'LAGGRE~E LIMIT APnS PER: PRODUCTS - COM PlOP AGG $2,000,000 POLICY X P,~8T LOC B ~TOMOBILE LIABILITY BAP350396106 02/01/07 02/01/08 COMBINED SINGLE LIMIT $2,000,000 X ANY AUTO (Ea accident) ~ ~ ALL OWNED AUTOS BODILY INJURY $ ~ SCHEDULED AUTOS (Per person) ~ HIRED AUTOS BODILY INJURY (Per accident) $ ~ NON-QWNED AUTOS ~ PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ A ~ESS/UMBRELLA LIABILITY BE7274842 02/01/07 02/01/08 EACH OCCURRENCE $ 10,000,000 X OCCUR 0 CLAIMS MADE AGGREGATE $10,000,000 $ :;=\ DEDUCTIBLE $ X RETENTION $10,000 $ B WORKERS COMPENSATION AND WC591843801 02/01/07 02/01/08 X I WCSTATU-, I IOTH- TORY LIMITS ER B EMPLOYERS' LIABILITY WC350395906 Inc1 Stop Gap 02/01/07 02/01/08 $1,000,000 ANY PROPRIETOR/PARTNERlEXECUTlVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under $1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Oshkosh, its employees and officers are named as additional insured solely with respect to general liability coverage as evidenced herein as required by written contract with respect to work performed by the n,~ed insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Oshkosh DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO D>O SO SHALL 215 Church Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Oshkosh, WI 54901 AUTHORIZED REPRESENTATIVE USA m~ ~.'~ ACORD 25 (2001/08) gerenachi 5589303 @ACORD CORPORATION 1988