HomeMy WebLinkAboutPW CNT 10-04 Advance Construction, Inc CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 28th day of April, 2010, by and between the CITY
OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and ADVANCE
CONSTRUCTION, INC., 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 -04
for concrete paving and utility projects for Second Local Street Concrete Paving Program
and appurtenant work, for the Public Works Department, pursuant to Resolution 10 -135
adopted by the Common Council of the City of Oshkosh on the 27th 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
$4,646,342.25, 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
ADVANCE CONSTRU TION, C
_.-....._.„„„___ / ,
liP - By:
.2" 2179] ,--
(Seal of Contractor (Specif Title)
if a Corporation.)
By: 2q
(Specify Titl
CITY OF � OSHKOSH
�/ ( � By: i8' ��
I. ZP, / �f ?; E: Mark A. Rohloff, City Manager
(Witness)
411111
x �� , f Z---i / � And: ILJIL' (0 •
(Witne) Pamela R. brig, City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
n pay the liability which will accrue
(� under this contract.
i ty Attorney
P , .. ,
City Co 6 re er
3
THE AMERICAN INSTITUTE OF ARCHITECTS
_L of 4 originals
Bond No.1924517
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):
Advance Construction, Inc. The Hanover Insurance Company
2141 Woodale Avenue 333 West Pierce Road, Suite 300
Green Bay, WI 54313 Itasca, IL 60143
OWNER (Name and Address):
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54901
CONSTRUCTION CONTRACT
Date: April 28, 2010
Amount: ($ 4,646,342.25 ) Four Million Six Hundred Forty Six Thousand Three Hundred Forty Two Dollars and 25/100
Description (Name and Ldcation):Public Works Contract No. 10 -04
BOND
Date (Not earlier than Construction Contract Date): April 28, 2010
Amount: ($4,646,342.25 ) Four Million Six Hundred Forty Six Thousand Three Hundred Forty Two Dollars and 251100
Modifications to this Bond: ® None 0 Sec' Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Advance Construction, Inc. -; The Hanover Insurance Company
Signature: h fp,., . r — --'-- Signature: As- ! i �i - Cik I A.P
Name and Title: 6j,E„i/tl Name and Title: Pamela L Hanagan 1
Attorney - in - Fact
(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. • MA ®
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, ;ointly 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
5 tithe Surety does not proceed as provided in Paragraph
under this Bond, except to participate in conferences as 4 with reasonable promptness, the Surety shall be deemed
provided in Subparagraph 3.1. 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 Construc- 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
declared a Contractor Default a Owner to the Surety shall not be greater than those of the
3.2 The Owner has
formal( terminated th Owner under the Construction Contract. To the limit of the
y e laced Contractor's s Contractor
right t tau and n 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 6.1 The responsibilities of the Contractor for correc-
Contract Price to the Surety in accordance with the lion of defective work and completion of the Construe
y lion 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 Liquidated 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
7 The Surety shall not be liable to the Owner or others for
4.2 Undertake to perform and complete the Construc- 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 obliga-
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the lions.
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 -
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1954 ED. • AIA :3
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D C. 20006 A312-1984 2
THIRD PRINTING • MARCH 3957
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 Construction
t t Contract
other or er terms s
Construction Contract after all proper adjustments perfplete o
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 BOND • DECEMBER 1984 ED. • AIA .8
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
� m "n
■ 1 of 4 originals
Bond No. 1924517
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):
Advance Construction, Inc. The Hanover Insurance Company
2141 Woodale Avenue 333 West Pierce Road, Suite 300
Green Bay, WI 54313 Itasca, IL 60143
OWNER (Name and Address):
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54901
CONSTRUCTION CONTRACT
Date: April 28, 2010
Amount: ($4,646,342.25 ) Four Million Six Hundred Forty Six Thousand Three Hundred Forty Two Dollars and 25/100
Description (Name and Location): Public Works Contract No. 10 -04
BOND
Date (Not earlier than Construction Contract Date): April 28, 2010
Amount: ($ 4,646,342.25 ) Four Million Six Hundred Forty Six Thousand Three Hundred Forty Two Dollars and 25 /100
Modifications to this Bond: ❑ None Ki See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Advance Construction, Inc. The Hanover Insurance CompaAy
� tl-
Signature: � "�::- f�-- �- •� -- �� rte- la-�@ Signature:
Name and Title: E',t,i ,4`i 1-:, ` Name and Title: Pamela L Hanaga
Attorney - in - Fact
(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
MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • MA 9)
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 t3ond 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 unrelat-
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 vials 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 BOND • DECEMBER 1984 ED. • AiA&'
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N . WASHINGTON. DC. 20006 A312 -1984 5
THIRD PRINTING • MARCH 1987
Bond 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
all other items for which a mechanic's lien may be
potential beneficiary of this Bond, the Contractor shall 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 or with a subcontractor of changes thereto.
the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner, which has
meat 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:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • MA
THE AMERICAN INSTITUTE OE ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20008 A312•1984 6
THIRD PRINTING • MARCH 1487
. ) • , 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
Richard J. DeVries, Pamela L. Hanagan, Timothy R. Nickles and /or Stacey L. Ryan
of Appleton, 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 thereto 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 16th day of February 2010.
THE HANOVER INSURANCE COMPANY
,....,
MASSACHUSETTS BAY INSURANCE COMPANY
0 ,,„,...,
{ " V ,,,. , CITIZENSURANCE COMPANY OF AMERICA
BEAL w
on + . Li i 1074 _.._ / • s Cs -- .._\
�, . Mary Jeanne d on, ice Preside t
6
i
Robert K. Grennan, Assistan ice President
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
On this 16th day of February 2010, 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 corporate seals and
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
i1 / . , 1. ! i + NOtary Punic
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) 7p
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this p` 4 day of Apr %1 , 20 1a.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITI S INSU ?' CE CO APANY OF ♦♦
0 - / --._..
Step, - . Braul %ssistan Vice Pre ' nt
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE IMM /ODJYYYY)
04/29/10
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Safeguard Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1142 Mountain Bay Plaza
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Pulaski, WI 54162
INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A Wilson Mutual Insurance 19950
Advance Construction, Inc.
2141 Woodale Ave. NSURERB
1NSUREr; C:
Green Bay, WI 54313
INSURER r,SU
... ............ . .
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO Ti IE 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' _ .....
LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY ATE ODIYY EFFECTIVE POLICY EXPIRATION ! LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENE HAL LIABILITY PREM IS (Ea occ nce) S 50
CLAIMS MADE: X OCCUR MEDEXP (Any cne person) S 5.000
A BC223691 6/18/2009 6/18/2010 PERSONAL & ADV INJURY 5 1,000,000
GENERAL AGGREGATE I S 2,000,000
0101 AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG S 2,000,000
POLICY X 1F 7 • LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT S 1.000,000
X AN? AUTO
(Ea acGiflenl}
A. OWNED AUTOS
BODILY INJURY $
A SCHEDULED AUTOS (Per person)
RED.auros CA223692 6/18/2009 • 6/18/2010
• BODILY INJURY S
NON- OWNED AUTO`: (Per av'itleM)
PROPERTY DAMAGE
• (Peraccderel
GARAGE LIABILITY
.AUTO ONLY - EA ACCIDENT $
.,r .CFO EA ACC
OTHER THAN
AUTO ONLY AGG S
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S 7.000,000
X 'ii::'.'.•iN : Aims 03118 AGGREGATE S 7.000.000
A CU223694 6/18/2009 6/18/2010
,..i,
TIM c. _ S
.:ETLiJFliiNN
WC
WORKERS COMPENSATION AND X TORY LId1T5 O F2
EMPLOYERS' LIABILITY
A N'RI r N R .xi •: rn F E t EACH ACCIO N7 500.000
LIbi =>:C !JD:, WC223693 6/18/2009 6/18/2010
E L DISEASE - EAEr,,P )Y. E S 500.000
r 1 irs E DISEASE - PULIC:Y LMII s 500.000
A OTHER Installation Floater BC223691 6/18/2009 6/18/2010 $500,000
DESCRIPTION OF OPERATIONS! LOCATIONS !VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
City of Oshkosh. and its officers. council members. agents, employees and authorized volunteers are listed as
additional named insured. This does not apply to Worker's Compensation Policies.
Project 10 -04
CERTIFICATE HOLDER CANCELLATION
SIIOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE TIHEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
City of Oshkosh
NOTICE TO THE CERTIFICATE HOLDER NAMED 10 THE LEFT, BUT FAILURE TO 00 SO
it Hall IMPOSE NO OFLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
Box ox 1 30 REPRESENTAT
OShkosh. WI 54903 -1130 AUTHORVFfREPRESEr1TATIVE
ACORD 25 (2001/08) ;" ACORD CORPORATION 1988