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HomeMy WebLinkAboutPW CNT 07-15/Four Way q~~ CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 14th day of November, 2007, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FOUR.. WAY CONSTRUCTION OF WI, PO Box 133, Berlin, WI 54923, 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. 07-15 for sanitary sewer and appurtenant work, for the Public Works Department, pursuant tD Resolution 07-323 adopted by the Common Council of the City of Oshkosh on the 13th day of November, 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 $71,564.15, 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 propdsal 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 tl1e 1 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 Generall 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. AdvertisemenUor 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 tl1e component part first enumerated abov~ 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 3 .. ~>':.~ 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. 1;E~:~~r~4'~h~ (Seal of Contractor if a Corporation.) APPROVED: CONTRACTOR FOUR-WAY CONSTRUCTION OF WI By: By: !-'j/ ~I-/ . .. /~C5 (Specify Title) I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. 2(l,h'/~ () ~ City Comptroller 3 '~'l.:i" .. DATE (1IMlDDIYYYY) A CORD_ CERTIFICATE OF LIABILITY INSURANCE OP 10 1~ 11/27/07 FOURW-l PRODUCER THIS CERTIFICATE ISIS$UEDAS A ",AlTER OFI~FO~.TION ONLY AND CONFERS NO RIGHtS OPON'1'HE CERTIFICATE THE DIEDRICH AGENCY , INC. HOLDER. THIS CERTlFIC'AtEDOES NOT AMEND, EXTEND ()R PO BOX 306 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RIPON WI 54971 Phone: 920-748-2811 Fax: FAX 748-5044 INSURERS AFFORDING COVERAGE NA1IC# INSURED INSURER A Regent Insurance 201414 INSURER B: Genera1 Casualty Insurance Co. 2.4414 FOUR-WAY CONSTRUCTION CO OF WI INSURER C: ACCIDENT FUND 10166 ATTN JEAN PO BOX 133 INSURER D: BERLIN WI 54923 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING #lY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS cERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURN>/CE 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. LTR NSR[ TYPE OF INSURN>/CE POLICY NUMBER DArEiM.,r~ DATE.'MM~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 I--- A X COMMERCIAL GENERAL LIABILITY CCI0104162 03/31/07 03/31/08 ~~iSES (Ea occurence) $ 100000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5000 PERSONAL & ADV INJURY $ 1000000 - GENERAL AGGREGATE $2000000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 I POLICY n ~~ n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 10100000 B X ANY AUTO CBA0104162 03/31/07 03/31/08 (Ea accident) f-- ALL OWNED AUTOS BODILY INJURY I--- $ SCHEDULED AUTOS (Per person) .. I--- HIRED AUTOS BODILY INJURY f-- $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $2000000 A ~ OCCUR 0 ClAIMS MADE CCI0104162 03/31/07 03/31/08 AGGREGATE $2000000 $ ~ DEDUCTIBLE $ X RETENTION $10000 $ WORKERS COMPENSATION AND X IrORY LIMITS I jOlk- C EMPLOYERS' LIABILITY WCV5004770 00 03/31/07 03/31/08 ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ 100000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $100000 ~~EM.f~~v~~j'QNS below E.L. DISEASE - POLICY LIMIT $ 500000 OTHER A EQUIPMENT FLOATER CCI0104162 03/31/07 03/31/08 LEASED OR $~!5, 000 RENTED EQ DescRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Contract 07-15 CERTIFICATE HOLDER COVERAGES CITY OF OSHKOSH 420 JACKSON OSHKOSH WI 54901 CANCELLATION CITYOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 _ DAYS WRITTEN ,NonCE TO THE CERTIFICATE HOLDER NAME.D TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABIlITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ Executed in Four Copies CONTRACTOR (Name and Address): Four-Way Construction of Wisconsin, Inc. P.O. Box 133 Berlin, Wisconsin 54923 CONSTRUCTION CONTRACT Date: November 14,2007 Amount: $71,564.15 Bond # 1814488 PERFORMANCE BOND The American Institute of Architects, AlA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or othE~r party shall be considered plural where applicable. OWNER (Name and Address): The City of Oshkosh P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 SURETY (Name and Principal Place of Business): THE HANOVER INSURANCE COMPANY 333 West Pierce Road Itasca, Illinois 60143 Description (Name and Location): Public Works Contract No. 07-15 - Sanitary Sewer and Appurtenant Work in the City of Oshkosh, Wisconsin BOND Date (Not earlier than Construction Contract Date): November 28, 2007 Amount: $71,564.15 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Four-Way Construction ofWisco (Corporate Seal) Signature: Name and Title: ~.r3CiS (Any additional signatures appear on page 2.) (FOR INFORMA TION Only- Name, Address and Telephone) AGENT or BROKER: 1 The Contractor and the Surety, jointly and severally, bind them- selves, 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 par- ticipate 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 con- sidering 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 Construction Contract, If the OWner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement sh~1I 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 declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and ORSC 22119 (10-93) ~ None o SE~e Page 2 SURETY Company: (Corporate Seal) 1HEHANO~. .5E EC~AN: S,gnatu"" ~ Name and Title: DennIS M. Barton, Attorney-In-Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party).: 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 accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense 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 Constructicln Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified 'contractors acceptable to the Owner for a contract for performanoe and com- pletion of the Construction Contract, alTange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with pE~rformance 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 excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or Page 1 of 2 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 may be liable to the Owner and, as soon as practicable after the amount is determined, 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 Owner to the Surety demanding that the Surety perform its Obligations under 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 Owner. 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 subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract; 6.2 Additional legal design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are speci- fied in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor, 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 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 institutE~d within two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichevE~r occurs first, 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. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature 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 statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming 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 ,12.1Bala.n~()ftbe Co.l1tractPrice 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 Contractor 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, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between Ithe Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has nE~ither been remedied nor waived, to pay the Contractor 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) Address: Name and Title: Signature: ORSC 22119 (10-93) SURETY Company: (Corporate Seal) Address: Name and Title: Signature: Page 2 of 2 Bond # 1814488 Executed in Four Copies PAYMENT BOND The American Institute of Architects, AlA Document No, A312 (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. SURETY (Name and Principal Place of Business): THE HANOVER INSURANCE COMPANY 333 West Pierce Road !tasca, Illinois 60143 CONTRACTOR (Name and Address): Four-Way Construction of Wisconsin, Inc. P.O. Box 133 Berlin, Wisconsin 54923 OWNER (Name and Address): The City of Oshkosh P.O, Box 1130 Oshkosh, Wisconsin 54903-1130 CONSTRUCTION CONTRACT Date:November 14,2007 Amount: $71,564.15 Description (Name and Location): Public Works Contract No. 07-15 - Sanitary Sewer and Appurtenant Work in the City of Oshkosh, Wisconsin BOND Date (Not earlier than Construction Contract Date):November 28, 2007 Amount: $71,564.15 Modifications to this Bond: ~ None o See Page 2 CONTRACTOR AS PRINCIPAL SURETY ~~:=;;;;g~tJ: (Anv additional sionatures aODear on Dace 2,) (FOR INFORMA TION ONL V-Name, Address and Telephone) AGENT or BROKER: Company: (Corporate Seal) mE HANor:I7CE CO::NY... S;gnatu",' ~ Name and Title: Dennis M. Barton, Attorney-In-Fact Company: Four-Way Construction of Wisconsin, Inc. (Corporate Seal) OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 1 The Contractor and the Surety, jointly and severally, bind them- 4.1 Claimants who are employed by or have a direct contract with the selves, their heirs, executors, administrators, successors and assigns Contractor have given notice to the Surety (at the address; described to the Owner to pay for labor, materials and equipment furnished for in Paragraph 12) and sent a copy, or notice thereof, to the Owner, use in the performance of the Construction Contract, which is incor- stating that a claim is being made under this Bond and, with sub- po rated herein by reference. stantial accuracy, the amount of the claim. 2 With respect to the Owner, this obligation shall be null and void if 4.2 Claimants who do not have a direct contract with the Contractor: the Contractor: ,1 Have furnished written notice to the Contractor and sent a copy, 2.1 Promptly makes payment, directly or indirectly, for all sums due or notice thereof, to the Owner, within 90 days after having last Claimants, and performed labor or last furnished materials or equipmeint included 2.2 Defends, indemnifies and holds harmless the Owner from in the claim stating, with substantial accuracy, the amount of the claims, demands, liens or suits by any person or entity whose claim and the name of the party to whom the materials were fur- claim, demand, lien or suit is fOf the payment for labor, materials nished or supplied or for whom the labor was done or performed; or equipment furnished for use in the performance of the Construc- and tion Contract, provided the Owner has promptly notified the Con- ,2 Have either received a rejection in whole or in part fr()m the Con- tractor and the Surety (at the address described in Paragraph 12) tractor, or not received within 30 days of furnishing the nbove notice of any claims; demands, liens or suits and tendered defense of any communication from the Contractor by which the' Contractor such claims, demands, liens or suits to the Contractor and the has indicated the claim will be paid directly or indirE~ctly; and Surety, and provided there is no Owner Default. .3 Not having been paid within the above 30 days, have sent a 3 With respect to Claimants, this obligation shall be null and void if written notice to the Surety (at the address described in Paragraph the Contractor promptly makes payment, directly or indirectly, for all 12) and sent a copy, or notice thereof, to the Owner, stating that sums due. a claim is being made under this Bond and enclosing a copy of 4 The Surety shall have no obligation to Claimants under this Bond until: the previous written notice furnished to the Contracltor. ORIC 22114 (7-93) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- tractor or to the Surety, that is sufficient 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 Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance 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 obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority 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 unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Boridrioobligation 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, pur- chase 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 jurisdiction 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 materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction 01' 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 statu- tory or legal requirement shall be deemed deleted here1'rom and provisions conforming 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 l~IW 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 equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limi- tation 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 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 thle jurisdic- tion where the labor, materials or equipment were furnished, 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature 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 Contractor as required by the Con- struction 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.) (Corporate Seal) SURETY (Corporate Seal) Company: CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: Signature: Name and Title: Address: Page 2 of 2 Certified Copy Void Without Hanover Watermark This Power of Attorne ma not be used to execute an bond with an inception date after Jul 1, 2010 THE HANOVER INSURANCE COMPANY ~ MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COpy KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Joseph L Vigna, Dennis M. Barton and/or Elizabeth M. Fedyn ~ of Brookfield, WI and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys,in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach theretQ the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 ,The Hanover Insurance Company: Adopted April 14, 1982 _ Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 30th day of October, 2007. rifE HANOVER INSURANCE COt&f>AA't' MA$$ACHusliTI'saAY UoI.SUltANCE COMPANY ~.__,}:;!'m!!H'!ii fHll>UANICt'; COMl"ANV 01' AMlmlC A. (. . ~,_/ THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 30th day of October 2007, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporalte seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. (@ 8AMMIt _-..cI< -,- ~rI ""~"",,,""3.aDt1 ~-'7 ; 6"" ~.. . /}- i' ( ..{ .~/) . fIre ~'. / '" /2'/j P/ ~F.t:J . ," 'Sf:,1:.(;.VL""?--,'Z. ,.;1.,-:1: .#'1 ~ .,-_.;...;y;!dL::,Ct-~;.,..1~ Notary PubLic My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 _ The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company: Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this ZfJ--h day of N,YVl?hJ ber ,20 d 7 THE HANOVER INSURANCE COMPANY BAY INSURANCE COMPANY Certified Copy Void Without Hanover Watermark M 1728