HomeMy WebLinkAboutPW CNT 10-06 Fischer Ulman Construction CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 14th day of April, 2010, by and between the CITY
OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FISCHER-
Ulman Construction, 1115 S. Theodore St., Appleton, WI 54911, 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 -06
for concrete sidewalk (new and reconstruction) and appurtenant work, for the Public Works
Department, pursuant to Resolution 10 -113 adopted by the Common Council of the City of
Oshkosh on the 13th day of April, 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
$496,860.00, 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
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
FIS % ER -ULMAN C • NSTR TON
a re
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By:
41 Mar A. Rohloff, City Mana er
(Witn .$)
II r And: A
( itness) Pamela R. Ubrig, City CEer.
APP OVED: I hereby certify that the necess-
ary provisions have been made to
C - `` /. pay the liability which will accrue
• , ..:/' under this contract.
f t Attorn _
City C oiler
3
THE AMERICAN INSTITUTE OF ARCHITECTS
of 4 originals
Bond No.0064633
AIA Document A312
Performance 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):
Fischer - Ulman Construction, Inc. Ohio Farmers Insurance Company
1115 South Theodore Street P.O. Box 5001
Appleton, WI 54915 -3906 Westfield Center, OH 44251 -5001
OWNER (Name and Address):
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903
CONSTRUCTION CONTRACT
Date: April 14, 2010
Amount: ($ 496,860.00 ) Four Hundred Ninety Six Thousand Eight Hundred Sixty Dollars and 00/100
Description (Name and Location):Public Works Contract No. 10 -06
BOND
Date (Not earlier than Construction Contract Date): April 14, 2010
Amount: ($496,860.00 ) Four Hundred Ninety Six Thousand Eight Hundred Sixty Dollars and 00/100
Modifications to this Bond: ® None ❑ See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: orporate Seal) Company/ (Corp►. rate Seal)
Fischer - UI "j Constructi • r / Ohio Fairs In ce Co • ?� ,
Signature � Iii `�# .1�/� i n r 1 . .�J 4 [�
g S g at e
Name and Title: `fi , �` Name and T ie • 'chard J. IF ?� "W; ,�FRT :o
Attorney -in -F. t z 1448 .
(Any additional signatures appear on page 3) * .•:'
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Willis other party):
City Center East, 122 E College Avenue (2nd floor)
Appleton, WI 54911
920 739 -7711
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED, • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 1
THIRD PRINTING • MARCH 1987
1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as
bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter -
successors and assigns to the Owner for the performance mined, tender payment therefor to the
of the Construction Contract, which is incorporated herein Owner; or
by reference. .2 Deny liability in whole or in part and notify the
2 If the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as 5 lithe Surety does not proceed as provided in Paragraph
provided in Subparagraph 3.1. 4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety
under this Bond shall arise after: demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as
Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the
that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in
Default and has requested and attempted to arrange a whole or in part, without further notice the Owner shall be
conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner.
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construe- 6 After the Owner has terminated the Contractor's right
tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety
Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall
such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the
any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the
3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of
Glared earlier than twenty days after the Contractor and costs and damages on the Construction Contract, the Sure -
the Surety have received notice as provided in Sub - ty is obligated without duplication for:
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the lion The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
Contract Price to the Surety in accordance with the tion Contract;
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay
dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re-
4 When the Owner has satisfied the conditions of Para sulting from the actions or failure to act of the Surety
under Paragraph 4; and
graph 3, the Surety shall promptly and at the Surety's ex
pense take one of the following actions: 6.3 t-iquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam -
4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non- perfor-
Owner, to perform and complete the Construction mance of the Contractor.
Contract; or
4.2 Undertake to perform and complete the Construe- 7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con -
tion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or
contract for performance and completion of the Con- its heirs, executors, administrators or successors.
struction Contract, arrange for a contract to be pre-
8 The Surety hereby waives notice of any change, includ-
pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to
selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obtiga-
with performance and payment bonds executed by a
tions.
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond
amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in
cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located
Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails
reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
.1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail-
.MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1989 ED. • AIA .S
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.AV., WASHINGTON. D,C. 20005 A312 -19134 2
THIRD PRINTING • MARCH 1987
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of insurance or other claims
10 Notice to the Surety, the Owner or the Contractor shall for damages to which the Contractor is entitled, re-
be mailed or delivered to the address shown on the sig- behalf by all valid and c proper payments made to or on
nature of the Contractor under the Construction Con -
page.
tract.
11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig-
the construction was to be performed, any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement changes thereto.
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per -
Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has
12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con -
payable by the Owner to the Contractor under the perform as orm annd d complete by the or comply with the i Construction t Con other or er terms s
Construction Contract after all proper adjustments perfplete o w
thereof.
have been made, including allowance to the Con-
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 SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BONG • DECEMBER 1984 ED. • AIA .
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 A312 -1984 3
THIRD PRINTING • MARCH 1987
THE AMERICAN INSTITUTE OF ARCHITECTS
11111.
of 4 originals
Bond No. 0064633
AIA 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):
Fischer- Ulman Construction, Inc. Ohio Farmers Insurance Company
1115 South Theodore Street P.O. Box 5001
Appleton, WI 54915 -3906 Westfield Center, OH 44251 -5001
OWNER (Name and Address):
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903
CONSTRUCTION CONTRACT
Date: April 14, 2010
Amount: ($496,860.00 ) Four Hundred Ninety Six Thousand Eight Hundred Sixty Dollars and 00/100
Description (Name and Location): Public Works Contract No. 10 - 06
BOND
Date (Not earlier than Construction Contract Date): April 14, 2010
Amount: ($ 496,860.00 ) Four Hundred Ninety Six Thousand Eight Hundred Sixty Dollars and 00/100
Modifications to this Bond: ❑ None pJ See rage 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Comp: ny: P (f orpo, ,� Seal)
Fischer - UI Construction, I Ohio Farmer I {1 : :rice G'� r,' �, ?t * u,
Signature. �.LtL��. �.i� /I 11 . _ t Signature: .; A AU 1
Name and Title: OP. I r Name and le: 'ichard ��eVries = ; g. teed ate;
Attorney -i act
(Any additional signatures appear on page 6) ,,,
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Willis other party):
City Center East, 122 E College Avenue (2nd floor)
Appleton, WI 54911
920 739 -7711
AMA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • MA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 4
THIRD PRINTING • MARCH 1987
1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the
successors and assigns to the Owner to pay for labor, Surety's expense take the following actions:
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo 6.1 Send an answer to the Claimant, with a copy to
rated herein by reference. the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed_
null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment, directly or indirectly, amounts.
for all sums due Claimants, and
7 The Surety's total obligation shall not exceed the
2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be
Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety_
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under
nished for use in the performance of the Construction the Construction Contract shall be used for the perfor-
Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims,
the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By
described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this
liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor
demands, liens or suits to the Contractor and the in the performance of the Construction Contract are
Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior -
3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work.
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants
4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unreiat-
under this Bond until: ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim -
4.1 Claimants who are employed by or have a direct ant under this Bond, and shall have under this Bond no obli-
contract with the Contractor have given notice to the gations to make payments to. give notices on behalf of, or
Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond,
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change,
substantial accuracy, the amount of the claim_ including changes of time, to the Construction Contract
4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other
with the Contractor: obligations.
.1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris-
the Owner, within 90 days after having last diction in the location in which the work or part of the
performed labor or last furnished materials or work is located or after the expiration of one year from the
equipment included in the claim stating, with date (1) on which the Claimant gave the notice required by
substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
and the name of the party to whom the labor or service was performed by anyone or the last mate -
materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con -
whom the labor was done or performed; and struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
.2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a
in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable.
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor
claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
.3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall
days, have sent a written notice to the Surety be sufficient compliance as of the date received at the
(at the address described in Paragraph 12) and address shown on the signature page.
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or other legal requirement in the location where
written notice furnished to the Contractor. the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con -
Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall
cient compliance. be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT 8OND • DECEMBER 1984 ED. • Ai A't
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE -, N.W , WASHINGTON, DC. 20006 A312 -1984 5
THIRD PRINTING • MARCH 1987
Bonet shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering
common law bond. services required for performance of the work of the
14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and
potential beneficiary of this Bond, the Contractor shall ail other items for which a mechanic's may be
asserted in the jurisdiction where the labor, materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished.
to be made.
15 DEFINITIONS 15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and
contract with the Contractor orwith a subcontractor of changes thereto.
the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner, which has
ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con -
intent of this Bond shall be to include without limits- tractor as required by the Construction Contract or to
tion in the terms "labor, materials or equipment' that perform and complete or comply with the other terms
part of water, gas, power, light, heat, oil, gasoline, thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Paragraph 6 above is deleted in its entirety and the following is substituted in its place:
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 60 days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
6.3 The Surety's failure to discharge its obligations under this Section shall not be deemed to constitute a waiver of
defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its obligations
under Section 6, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover
any sums found to be due and owing to the Claimant.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
A1A DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AR 0
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20905 A312.1984 6
THIRD PRINTING • MARCH 1987
POWER NO. 4830252 01
General Westfield Insurance Co.
Power
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
RICHARD J. DE VRIES, TONI SCHINKE, STACEY L. RYAN, TIMOTHY R. NICKELS, PAMELA HANAGAN, JOINTLY OR
SEVERALLY
of APPLETON and State of WI its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship .
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 19th day of
SEPTEMBER A.D., 2007 .
" ,,,NN nit ,,"
Corporate " "..•• /I•'• WESTFIELD INSURANCE COMPANY
...# ,nit .4,, ,.••`- � ��°"
seals v ts �s O P,.•-• - ; ,.•• . ,, I ,•• *, ' WESTFIELD NATIONAL INSURANCE COMPANY
Affixed jam: ; s ° = -, • ' •. p lag/ �_ . OHIO FARMERS INSURANCE COMPANY
iiii IOC 1:4! �" , �f ro ►. 1 ' _ LT' S EAL �" ` = ��� R iFRfp 3 _
'd,� \... ex% .; " - -• % .• ; 1848 a ! � - r i / O � � e ` I�
State of Ohio �' � 4 •/ ""' I „,,, . . By
County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive
On this 19th day of SEPTEMBER A.D., 2007 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Nota ri a I `` �,NNNINNI / / „
Seal R
Affixed , gy : p : •'`�f -. / ...,, SL.•
o• � va
2r�!/l G r
--� • William J. Kahelin, A .rney at Law, Notary Public
State of Ohio =• ,1' o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: , p •t`
T F OF
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this )y day of
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BPOAC2 (combined) (06 -02)
FISCULM -01 BRBA
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
4/26/2010
PRODUCER (920) 739 -7711 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Willis Appleton ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
122 E. College Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 877
Appleton, WI 54912 -0877 INSURERS AFFORDING COVERAGE NAIC #
INSURED Fischer Ulman Construction Inc INSURER A: SECURA Insurance Company
1115 S Theodore INSURER B:
Appleton, WI 54915 -3905 INSURER C:
INSURER D:
INSURER E:
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 ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR NSRD TYPE OF INSURANCE DATE (MM /DD/YY) DATE (MM/DD/YYI
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY CP3122476 2/20/2010 2/20/2011 PREM PREMISES Ea occurence) $ 100,000
CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000
— 1 POLICY PRO -
X JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
A X ANY AUTO A3122477 2/20/2010 2/20/2011 (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $
X NON -OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000
A X OCCUR CLAIMS MADE CU3122479 2/20/2010 2/20/2011 AGGREGATE $ 2,000,000
DEDUCTIBLE $
X RETENTION $ 10,000 $
WC
WORKERS COMPENSATION AND X TORY LIMITS O ER
A EMPLOYERS' LIABILITY WC3122478 2/20/2010 2/20/2011 E.L. EACH ACCIDENT $ 100,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 100,000
If y es, decribe under
SPECIAsL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500,000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
See attached page.
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 30 DAYS WRITTEN
Attn: City Clerk
215 Church Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Oshkosh, WI 54903- IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
i ? reea.rx_ .
ACORD 25 (2001/08) 0 ACORD CORPORATION 1988
FISCULM -01 BRBA PAGE 1 OF 1
DESCRIPTION OF OPERATIONS -
Fischer Ulman Construction Inc City of Oshkosh
1115 S Theodore Attn: City Clerk
Appleton, WI 54915 4905 1 215 Church Avenue
Oshkosh, WI 54903 -
Commercial General Liability Includes Additional Insured Wrap Endorsement ILE1037 (When Required in a Written Contract or
Agreement)
30 day notice of cancellation except in the event of non - payment of premium then only a 10 day notice applies. This limitation
does not apply to Workers Compensation.
Re: Contract 10 -06
The City of Oshkosh, and it's officers, council members, agents, employees and authorized volunteers are additional insureds
under the Commercial General Liability per ILE1037