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HomeMy WebLinkAboutPW CNT 10-05-Carl Bowers & Sons CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 10th day of March, 2010, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARL BOWERS & SONS CONSTR. CO., INC., N1844 Maloney Rd., Kaukauna, WI 54130 , party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 10 -05 for various concrete paving and utility projects for South Side paving, and appurtenant work, for the Public Works Department, pursuant to Resolution 10 -72 adopted by the Common Council of the City of Oshkosh on the 9th day of March, 2010, 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 $3,908,188.25, 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 1 units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the 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. This Instrument 2. The City's Approved Plans 3. Specifications, including any addenda 4. City of Oshkosh Standard Specifications 5. Instructions to Bidders 6. Advertisement for Bids 7. Contractor's Proposal The contract documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the Contractor shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. Contractor shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which Contractor may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the 2 component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Contractor" wherever used in this contract means the party of the second part and its /his /their legal representatives, successors and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR CARL BOWERS & SONS CONSTR. CO. INC. By: Pr - (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: 4,, M ark A. Rohloff, City Ma ager �i L�� _�,�' v 9 (Wi ness) �L . Aj." And: V I 451' itnes) Pamela R. Ubrig, City C erk APP - OVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue tit � �,�� 1 .y+�,� under this contract. ity Attorn - / 4' d e e d City C nfi ler 3 03 /10/2010 13:00 FAX 9203245057 SIA INSURANCE SERVICES [1002 A C ORLf„, r CERTIFICATE OF LIABILITY INSURANCE DATE 3/10/2010 PRODUCER (920) 324 -2071 FAX: (920) 324 -5057 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SIA Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 999 West Main St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 72 Waupun WI 53963 _ INSURERS AFFORDING COVERAGE NAIC # ^INSURED INSURER A: Rent Insurance C an 24449 Carl Bowers 6 Sons Construction Co., Inc. INsuRER &General Casualty Co of WI 24414 141844 Maloney Road — INSURER C: INSURER D; Kaukauna WI 54130 INSURER E; CQVEEAPFS THE POLICIES OF INSURANCE LISTED BELOW HAV BEEN ISSUED TO T HE INSURED NAMED AB OVE 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. - ., .•i.,,_YH• ; • .:j - _ INSR ADO'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS ITS - : , TYPE OF INSURANCE POLICY NUMBER DATE .(MW YY) DDI DATE (MMIOOIYY) GENERAL LIABILITY • „ • _ . 7. w. • 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED - 3 100,000 A 1 CLAIMS MADE (X I OCCUR CC10700591 4/1/2009 4/1/2010 MEDEXP ' • . on $ 5,000 P - -..... .:•vi i S 1,000,000 -- GENERAL AGGREGATE S 2,000,000 OEN'L AGGREGATE LIMIT APPLIES PER: ; .. . i - .,, �, 2 , 000 , 000 X POLICY PR. ■ _ •+ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea aoaldanl) S 1 , 000 , 000 X ANY AUTO B ALL OWNED AUTOS CBA0700590 4/1/2009 4/1/2010 BODILY INJURY s Tee Demon) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY s {Par accident) . — NON•OWNED AUTOS PROPERTY DAMAGE s (Per accident/ GARAGE LIABIUTT AUTO ONLY • EA ACCIDENT s ANY AUTO OTHER THAN FA ACC E AUTO ONLY AGG .5 EXCESS/UMBRELLA LIABILITY PAr•.Lf_O(`.f,1 1S 5,000,000 1 OCCUR n CLAIMS MADE AGGREGATE s 5,000,000 S B DEDUCTIBLE CCU0700588 4/1/2009 4/1/2010 s X 1 RETENTION 5 10 , 000 5 �yC TATU• OTH A WORKERS COMPENSATION AND 1 .TORY 9 I IMIT EMPLOYERS' LIABILITY 500 000 ANY PR OPRIETQR(PARTNERIEXECUTIVE E.L. EACH ACCIDENT 5 500,000 CiPC0700589 4/1/2009 4/1/2010 E,L,DI$EASE•EAEMPLOYEE5 500,000 If yea, describe wide/ SPECIAL PSPECIAL ti3OVISIONS bcioW W,. DISEASE - POLICY LIMIT ,1 500 , 000 , OTHER DESCRIPTION OF OPERATIQNSILOCATK )NSIVEHICLES1EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Oshkosh and its officers, council members, agents, employees and authorized volunteers are Additional Imeureds, as required by written contract, to the General Liability, Umbrella and Auto Liability, with reepeet to work performed by the insured. Project: Public WOrka Contract 10 - - CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED PQUCIES BE CANCELLED BEFORE THE CITY OE' OSHKOSH EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 215 Church Avenue 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LOFT. BUT Oshkosh, WI 54903-1130 FAILURE TO 00 SO SHALL IMPOSE NO OBUOATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Dan Zeratsky ACORD 25 (2001108) is ACORD CORPORATION 1988 INS025 (0100).OEa Page 1 of 2 * * * Bond #1182888 * * PERFORMANCE BOND * The American Institute of Architects, * * AIA Document No. A312 (December, 1984 Edition) * * * Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): Carl Bowers & Sons Const Co Inc City of Oshkosh c/o City Clerk N1844 Maloney Rd City Hall Kaukauna WI 54130 215 Church Ave Oshkosh WI 54903 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): Old Republic Insurance Company Date: 03/11/2010 PO Box 941 Amount: $3,908,188.25 Brookfield Wi 53008 Description (Name and Location): Public Works Contract 10 - 05, Concrete Paving & Utilities BOND Date (Not earlier than Construction Contract Date): Amount: $3,908,188.25 Modifications to this Bond: IN None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Carl Bowers & Sons Constr Co Inc Old Republic Insurance Company Signature: Signature: Name and Title: s Name and Title: (Any additional signatures appear on page 2.) (FOR INFORMATION Only Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: Agent party): - Please Select From Below - 1 The Contractor and the Surety, jointly and severally, bind them- 3.3 The Owner has agreed to pay the Balance of the Contract Price selves, their heirs, executors, administrators, successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract, which Contract or to a contractor selected to perform the Construction is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract, the Surety and Owner. the Contractor shall have no obligation under this Bond, except to par- 4 When the Owner has satisfied the conditions of Paragraph 3, the ticipate in conferences as provided in Subparagraph 3.1. Surety shall promptly and at the Surety's expense take one of the 3 If there is no Owner Default/ the Surety's obligation under this Bond following actions: shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its 4.1 Arrange for the Contractor with consent of the Owner, to address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract; or sidering declaring a Contractor Default and has requested and 4.2 Undertake to perform and complete the Construction Contract attempted to arrange a conference with the Contractor and the itself, through its agents or through independent contractors; or Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner, the Contractor and the Surety agree, the Contractor acceptable to the Owner for a contract for performance and com- shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract, arrange for a contract to be tract, but such an agreement shall not waive the Owner's right, if prepared for execution by the Owner and the contractor selected any, subsequently to declare a Contractor Default; and with the Owner's concurrence, to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3.1; and resulting from the Contractor's default; or ORSC 22119 (10 -93) Page 1 of 2 4.4 Waive its right to perform and complete, arrange for completion, accrue on this Bond to any person or entity other than the Owner or Or obtain a new contractor and with reasonable promptness under its heirs, executors, administrators or successors. the circumstances: 8 The Surety hereby waives notice of any change, including changes .1 After investigation, determine the amount for which it may of time, to the Construction Contract or to related subcontracts, be liable to the Owner and, as soon as practicable after purchase orders and other obligations. the amount is determined, tender payment therefor to the 9 Any proceeding, legal or equitable, under this Bond may be Owner; or instituted in any court of competent jurisdiction in the location in which .2 Deny liability in whole or in part and notify the Owner citing the work or part of the work is located and shall be instituted within reasons therefor. two years after Contractor Default or within two years after the Con- 5 If the Surety does not proceed as provided in Paragraph 4 with tractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs reasonable promptness, the Surety shall be deemed to be in default or first. this Bond fifteen days after receipt of an additional written notice Paragraph the Owner to the Surety demanding that the Surety perform its thhe e If the minimum m period eriod of this of limitation available are void v ailable to sureties es a as a defense by law, Obligations under this Bond, and the Owner shall be entitled to enforce in the jurisdiction of the suit shall be applicable. any remedy available to the Owner. If the Surety proceeds as provided 10 Notice to the Surety, the Owner or the Contractor shall be mailed in Subparagraph 4.4, and the Owner refuses the payment tendered or delivered to the address shown on the signature page. or the Surety has denied liability, in whole or in part, without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner. to be performed, any provision in this Bond conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted herefrom and the Construction Contract, and if the Surety elects to act under provisions conforming to such statutory or other legal requirement Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the shall be deemed incorporated herein. The intent is that this Bond shall Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond. under the Construction Contract, and the responsibilities of the Owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price The total amount payable by Construction Contract. To the limit of the amount of this Bond, but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract all proper adjustments have been made, including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract, the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6.1 The responsibilities of the Contractor for correction of defec which the Contractor is entitled, reduced by all valid and proper tive work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 6.2 Additional legal design professional and delay costs resulting 12.2 Construction Contract: The agreement between the Owner from the Contractor's Default, and resulting from the actions or and the Contractor identified on the signature page, including all failure to act of the Surety under Paragraph 4; and Contract Documents and changes thereto. 6.3 Liquidated damages, or if no liquidated damages are speci- 12.3 Contractor Default: Failure of the Contractor, which has neither fied in the Construction Contract. actual damages caused by been remedied nor waived, to perform or otherwise to comply with delayed performance or non - performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default: Failure of the Owner, which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived, to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations. No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL ( Seal) SURETY (Corporate Seal) Company: Cookk +�. c5. t � 6+-51 '1 L Company: Republic Insurance Company Address: MI l yr too Al 00 Address: ,f(L 4v�,..} �J !� S( Name and Title: - till ■45 V L (r . Name and Title: / � / � � ,4 Z ` 7.; Signature: (D/44,t,...4..•.. Signature: ORSC 22119 (10 -93) ��/ °y � L% Page 2 of 2 L * * * * Bond # I D 1 * qk PAYMENT BOND The American Institute of Architects, AIA Document No. A312 * * * (December, 1984 Edition). 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): Carl Bowers & Sons Constr Co Inc Old Republic Insurance Company N1844 Maloney Rd PO Box 941 Kaukauna Wi 54130 Brookfield WI 53008 OWNER (Name and Address): City of Oshkosh c/o City Clerk City Hall 215 Church Ave Oshkosh Wi 54903 CONSTRUCTION CONTRACT Date: 03/11/2010 Amount: $3,908,188.25 Description (Name and Location): Public Works Contract 10 -05 Concrete Paving & Utilities BOND Date (Not earlier than Construction Contract Date): 03/11/2010 Amount: $3,908,188.25 Modifications to this Bond: 0 None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Carl Bowers & Sons Constr Co Inc Old Republic Insurance Company (---? j......,. dt) Signature: Signature: Name and Title: 'a i �` 3�1 Name and Title: (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY —Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: 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 - porated 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 equipment 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 for the payment for labor, materials niched 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 from the Con- tractor and the Surety (at the address described in Paragraph 12) tractor, or not received within 30 days of furnishing the above 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 indirectly; 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 Contractor. ORIC 22114 (7 -93) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- Paragraph are void or prohibited by law, the minimum period of limi- tractor or to the Surety, that is sufficient compliance. tation available to sureties as a defense in the jurisdiction of the suit 6 When the Claimant has satisfied the conditions of Paragraph 4, the shall be applicable. Surety shall promptly and at the Surety's expense take the following 12 Notice to the Surety, the Owner or the Contractor shall be mailed actions: or delivered to the address shown on the signature page. Actual 6.1 Send an answer to the Claimant, with a copy to the Owner, receipt of notice by Surety, the Owner or the Contractor, however within 45 days after receipt of the claim, stating the amounts that accomplished, shall be sufficient compliance as of the date received are undisputed and the basis for challenging any amounts that are at the address shown on the signature page. disputed . 13 When this Bond has been furnished to comply with a statutory or 6.2 Pay or arrange for payment of any undisputed amounts. other legal requirement in the location where the construction was 7 The Surety's total obligation shall not exceed the amount of this to be performed, any provision in this Bond conflicting with said statu- Bond, and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrom and made in good faith by the Surety. provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor under the Construc- shall be deemed incorporated herein. The intent is that this Bond shall tion Contract shall be used for the performance of the Construction be construed as a statutory bond and not as a common law bond. Contract and to satisfy claims, if any, under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential mance Bond. By the Contractor furnishing and the Owner accepting beneficiary of this Bond, the Contractor shall promptly furnish a copy this Bond, they agree that all funds earned by the Contractor in the of this Bond or shall permit a copy to be made. performance of the Construction Contract are dedicated to satisfy obli- 15 DEFINITIONS gations of the Contractor and the Surety under this Bond, subject to 15.1 Claimant: An individual or entity having a direct contract with the Owner's priority to use the funds for the completion of the work. the Contractor or with a subcontractor of the Contractor to furnish 9 The Surety shall not be liable to the Owner, Claimants or others for labor, materials or equipment for use in the performance of the obligations of the Contractor that are unrelated to the Construction Contract. The intent of this Bond shall be to include without limi- Contract. The Owner shall not be liable for payment of any costs or tation in the terms "labor, materials or equipment" that part of expenses of any Claimant under this Bond, and shall have under this water, gas, power, light, heat, oil, gasoline, telephone service or Bond no obligation to make payments to, give notices on behalf of, rental equipment used in the Construction Contract, architectural or otherwise have obligations to Claimants under this Bond. and engineering services required for performance of the work of 10 The Surety hereby waives notice of any change, including changes the Contractor and the Contractor's subcontractors, and all other of time, to the Construction Contract or to related subcontracts, pur- items for which a mechanic's lien may be asserted in the jurisdic- chase orders and other obligations. tion where the labor, materials or equipment were furnished. 11 No suit or action shall be commenced by a Claimant under this 15.2 Construction Contract: The agreement between the Owner Bond other than in a court of competent jurisdiction in the location and the Contractor identified on the signature page, including all in which the work or part of the work is located or after the expiration Contract Documents and changes thereto. 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 15.3 Owner Default: Failure of the Owner, which has neither been labor or service was performed by anyone or the last materials or remedied nor waived, to pay the Contractor as required by the Con - equipment were furnished by anyone under the Construction Con- struction Contract or to perform and complete or comply with the tract, whichever of (1) or (2) first occurs. If the provisions of this other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) (Corporate Seal) CONTRACTOR AS PRINCIPAL /' C SURETY Company: = 't Sits (.."-.1 r TA (Corporate Seal) Company: Old Republic Insurance Company Signature: signature: �,./�. 1 Name and Title: - B ' ' - ' U' V Name and Title: /�,ed,,,o� T.�r Address: A) LP 4 ► n 0 ta.a ).( Address: kA W 4.)60n,A -c S4 r3t Page 2 of 2 �Illp *>� ** - LL REPWLIC III! * * * * Insurance Cornpany . POWER OF ATTORNEY KNOW ALL MEN BESE:: PRESENTS: That OLD REPUBLIC INSURANCE COMPAN'a Penn Sylvania stock insurance corporation, does make, constitute and appoint: DARREL :.J ZALESK t I I , BRAN ' L . NIEDERHAUSER, 7 -: , MARY? A. KAISER, KORI {OSIER, MI CHAEL- L TI EDT O)~' :EAU' CLAIRE, WI its true and (awful Attorney(s) -in -Fact, wi full power and authorty, not exceeding $10,000,000, for and on behalf of the company a th surety, to execute and deliver and affix the seal of the copipany thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than self- insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds 'hazardous waste remediation> bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF ONE MILLION DOLLARS($1,000,000) - - _ - FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD 'REPUBLIC- INSURANCE COMPANY thereby, and alt of :the acts of said Attorneys-In-Fact, pursuant. to these presents, are ratified and confirmed This document is.not valid unless printedon colored background and Is multi Colored: This.' appointment is made under and by authority of th toard Of directors at . a meeting held ont:March 1, 2006. This Power of Attorney is •sign €d and sealed by facsimile under and by the authority of the follow]ng,resokitions adopted by the board of directors of the OLD R#`PUBLIC INSURANCE COMPANY on March 1, 2006. - _......::.- RESOLVED FURTHER, that the chairman, president or any vice - president of the Company's surety division, in conjunction with the secretary or any assistant secretary of the Company, be and hereby are authorized and directed to execute and deliver, to such persons as such officers of the Company may deem appropriate, Powers of Attorney in the form presented to and attached to the minutes of this meeting, authorizing such persons to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations kinds, other than bail bonds, bank depository bonds, mortgagedeficiency bonds, mortgage guaranty bonds, guarantees of instalfinent-paper and note guaranty bonds. The said officers may revoke any Power of Attorney previously granted to any such person he authorit0f any Power of Attorney granted by any such officerof the Company as aforesaid shall not exceed ten million dollars ($1O,000,000.00)4except (a) bonds required to be filed as;open penalty bonds, and . (b) bonds filed with any court or govern riental'authotity requiripg an unlimited penalty in bonds filed in that court. RESOLVED FURTHER; *At any . - - bond, undertaking recognrzance, or suretyship obligation shall be valid and binding upon the Company (1) when-stgi ed by the chairman president or any :vice president of the Company's surety division and attested and sealed (if=a seal be required) by any secretary or assistant secretary, or (ii) when signed by a duly authorized attorney irijact and :Sealed with the seal of the Company (If a seal be required):. RESOLVED FURTHER, that the signature of any officer designated above, and the seal of the Company, may be affixed by.facstmite to any Power of Attorney of certification thereof authorizing the execution and delivery ot undertaking, recognizance, or other suretyship obligations-of Company, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC INSURANCE COMPANY has cauaed these presents tobe signed by its proper officer, and its corporate seal to be'affixed this 3 RD day of FEBRUARY r 2:010 ate",1 �'v ¢ OLD REPUBLIC INSURANCE COMPANY . a �t3suR 4 s ' :" - - Z - .3.. - : E c SEA. 0 o , pit tlsb C, i + �Y b's.S.A,. Assistant ecreta ry :: - ., „,s ;,.,v. + Vrca President hhhuuni STATE OF WISCS� VRD oT E 1 Rl E A 2 SU 10 On this , personally came before me, GERALD C. LEACH and GERALDINE J. STELTERto me known to be the individuals and officers of the OLD REPUBLIC INSURANCE COMPANY who executed the above instrument, and they each . acknowledged the execution of the same, and being by me duiysworn, did severally depose and say; that they are said officers of the corporation aforesaid, and that the seal affixed to the above nstrument:'is the seal of the corporation, and that said corporate seal`and`their signatures as such officers were duly affixed and subsctibed to the said instrument by the authority of the board . : directors ofsaid orgai izatron , / / � ( ) / .' . .,, f) - N Public s r y a 6Fw�s 12/02/2012 CERTIFICATE My commission expires: I, the undersigned, assistant secretary of the OLD REPUBLIC INSURANCE COMPANY,a Pennsylvania corporation, CERTIFY that the foregoing and attached power of attorney remains in full force and has not been rev oked;.and' furthermore, that the Resolutions of the board of directors set forth in the= of Attorney, are now in force. - a> 24 -5311 . .'*' -.4„, ,,� U Signed and sealed at the City of Brookfield this / ' - day of ///. , �O, . x J ,,carnner n -- a SEAL 1b - . '. ' 9 "fi 11lS f , 4-0.0' 1I ��7 40.4, S PECTRUM I1 `"' ' LLB Assistant Secretary ,. / THIS DOCUMENT HAS A COLORED BACKGROUND AND IS MULTI- COLORED ON THE FACE. THE COMPANY LOGO APPEARS ON THE BACK OF THIS DOCUMENT AS A WATERMARK. IP THESE FEATURES ARE ABSENT, THIS OUCUIVIENT IS VOID. ORSC 11006 -R (6/06)