HomeMy WebLinkAboutPW CNT 10-07 Carl Bowers & Sons Construction Co CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 23rd day of June, 2010, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARL
BOWERS & SONS CONSTRUCTION CO. , 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 -07
for concrete paving /utilities (Northeast) and appurtenant work, for the Public Works
Department, pursuant to Resolution 10- adopted by the Common Council of the City
of Oshkosh on the 22nd day of June, 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
$3,707,354.05, 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:
rcz reSicta
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By:
Ihze
____Mar A. Rohloff, City Manager
(Witness)
gp tness) Pamela R. Ubrig, City erk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
0,4 and r this contract.
)-t,City A orney
Le419 - e_leYnO
City Comptr ler
3
* * * Bond #1182889
*
* * 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 Construction Co, Inc City of Oshkosh c/o City Hall
N1844 Maloney Rd 215 Church Ave
Kaukauna, WI 54130 Oshkosh, WI 54903
CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business):
Old Republic Insurance Company
Date: 06/23/2010 PO Box 941
Amount: $3,707,354.05 Brookfield, WI 53008
Description (Name and Location):
City Contract 10 -07 Concrete Paving /Utilities (Northeast)
BOND
Date (Not earlier than Construction Contract Date): 06/23/2010
Amount: $3,707,354.05
Modifications to this Bond: ..Q None ❑ See Page 2
CONTRACTOR AS PRINCIPAL SURETY
ptlO ' ,cmt. 6
Company: (Corporate Seal) Company: (C o s 1
Carl Bowers & Sons Construction Co, Inc Old Republic Insurance Company
� / • •�� 4, l,1111111 111"
Signature: ! vl �� � Signature: ' / ✓iiG� (<7 �%
(ROAj Name and Title: Name and Title: Michael L. Tiedt, Attorney - - fact
(Any additional signatures appear on page 2.)
(FOR INFORMATION Only Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other
AGENT or BROKER: - Please Select From Below - 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-
If the Surety does not proceed as provided in Paragraph 4 with tractor ceased working or within two years after the Surety refuses
5 i r w
5 If the
promptness, t des not
t proceed
Surety shall be deemed to r in default or fails to perform its obligations under this Bond, whichever occurs
first. If the provisions of this Paragraph are void or prohibited by law,
on this Bond fifteen days after receipt of an additional written notice
from the Owner to the Surety demanding that the Surety perform its the minimum period of limitation available to sureties as a defense
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
five 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 (Corporate Seal) SURETY (Corporate Seal)
Company: Company : Old Republic Insurance Company
Address: Address:
Name and Title: Name and Title:
Signature: Signature:
ORSC 22119 (10 -93) Page 2 of 2
* * * * Bond # 1182890
qk * PAYMENT BOND
* The American Institute of Architects, AIA Document No. A312
* * (December, 1984 Edition). Any singular reference to Contractor, Surety,
* *r Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Carl Bowers & Sons Construction 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 Hall
215 Church Ave
Oshkosh, WI 54903
CONSTRUCTION CONTRACT
Date: 06/23/2010
Amount: $3,707,354.05
Description (Name and Location):
City Contract 10 -07 Concrete Paving /Utilities (Northeast)
BOND
Date (Not earlier than Construction Contract Date): 06/23/2010
Amount: $3,707,354.05
Modifications to this Bond: 11 None ❑ See Page 2
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Coy
Carl Bowers & Sons Construction Co, Inc Old Republic Insurance Company =9
Signature: ( In'`... V' �f t +eSf Signature:
Name and Title: Name and Title: Michael L. Tiedt, Attorney -in -fact
(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 nished or supplied or for whom the labor was done or performed;
or equipment furnished for use in the performance of the Construc- and
tion Contract, provided the Owner has promptly notified the Con- .2 Have either received a rejection in whole or in part 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 Construe- 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 SURETY
Company: (Corporate Seal) Company: Old Republic Insurance Company
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
Page 2 of 2
11 11*** *
I* OLD REPIBLIC
II * * * * * Insurance Company POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania stock insurance corporation,
does make, constitute and appoint:
DARREL J. ZALESKI, BR.ANDI L. NIEDERHAUSER, MARY A KAISER, KORI KOSIER,
MICHAEL L TIEDT, OF EAU CLAIRE, WI
its true and lawful Attorney(s) -in -Fact, with full power and authority, not exceeding $10,000,000, for and on behalf of the company as surety,
to execute and deliver and affix the seal of the company 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 all of the acts of said Attorneys -in -Fact, pursuant to these presents, are
ratified and confirmed. This document is not valid unless printed on colored background and is multi- colored. This appointment is made
under and by authority of the board of directors at a meeting held on March 1, 2006. This Power of Attorney is signed and sealed by facsimile
under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC 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 of all kinds, other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty
bonds, guarantees of installment paper and note guaranty bonds. The said officers may revoke any Power of Attorney previously granted
to any such person. The authority of any Power of Attorney granted by any such officer of the Company as aforesaid shall not exceed
ten million dollars ($10,000,000.00), except (a) bonds required to be filed as open penalty bonds, and (b) bonds filed with any court or
governmental authority requiring an unlimited penalty in bonds filed in that court.
RESOLVED FURTHER, that any bond, undertaking; recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed 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 -in -fact and sealed with the seal of the Company Of a seal be required).
RESOLVED FURTHER, that the signature of any officer designated above, and the seal of the Company, may be affixed by facsimile to any
Power of Attorney of certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the 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 caused these presents to be signed by its proper officer, and its
corporate seal to be affixed this 1 9TH day of APRIL 2010 .
\ G , o sup,_ , OLD REPUBLIC INSURANCE COMPANY
AA-4-1-1--"---t- - a�y `N,ORPORq EO
e iit� ' / p SEAL `' E. /7
g 4PRIL 9 / G»
Assistant ecretary AF NNS, yPN ° Or Vice President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
19TH day of APRIL, 2010
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 duly sworn, did severally depose and say;
that they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,
and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
of the board of directors of said organization.
A: ,_...„-----
q . _ :NpTAnv A'
. "i PUe"c _..?::= Notary Public
CERTIFICATE My commission expires: 12 /02/2012
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 revoked; and furthermore, that the Resolutions of the board
of directors set forth in the Power of Attorney, are now in force.
24 -5311
N> �.� asuaa N00 Signed and sealed at the r'ity of Brookfield this `23rd day of June , 2010 .
s , `N,ORPORATE 6
w O c c ° y M /1 . /
SEA " °F ,
V> `y
! _.. 4 nflIL 195 ` ` W S EAT, _ `i _ /
SPECTRUM II ,3 °E�('w ; � LLC % ^ t9y Assistant Secretary
I„ IIIRONNN '''ZtM P„� e
THIS DOCUMENT HAS A COLORED BACKGROUND AND �" LTI- COLORED ON THE FACE. THE COMPANY LOGO APPEARS
ON THE BACK OF THIS DOCUMENT AS A WATERMARK. IF THESE FEATURES ARE ABSENT, THIS DOCUMENT IS VOID.
ORSC 11006 -R (6/06)
06/17/2010 11:05 FAX 9203245057 SIA INSURANCE SERVICES a001/002
ACORQ, CERTIFICATE OF LIABILITY INSURANCE iii /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 #
A INSURED i INSURER A: Regent Insurance Company 24449
Carl Bowers & Sons Construction Co., Inc. INSURER B; General Casualty Co of WI 24414
N1844 Maloney Road INSURER C:
INSURER 0:
Kaukauna WI 54130 INSURER E:
CAVFRGES
THE POLI OF INSU RANCE LISTED BE LOW 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,
G . 1 L, H! a . al. a:. : : • • : •_I• a –
INSR AOD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS
1 TR jump, IY
TYPE OF INSURANCE POLICY NUMBER DATE (MM /ODfYY) DATE_(MMIDDY) _ ,
GENERAL LIABILITY FACH OCCURRENCE $ 1,000,000
TO RENTED
X COMMERCIAL GENERAL LIABILITY D PREMLC (Ea s o
e occurrence) $ 100 , 000
A I CLAIMS MADE n OCCUR CCI0700591 4/1/2010 4/1/2011 MED EXP (Any one oers.1 $ 10,000
PERSONAL $A)i(INJURY $ 1,000,000
— —
GEN REGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • ca)1AeIOP AGO $ 2,000,000
POLICY 1 IECT n LOC .
AUTOMOBILE LIABILITY COMBINE) SINGLE LIMIT $ 1, 004 , 000
(Es accident)
X ANY AUTO �^
a ALL OWNED AUTOS 00700590 4/1/2010 4/1/2011 BODILY INJURY
— (Per person) $
$CHEDULED AUTOS
—r HIRED AUTOS BODILY INJURY 5
–'^
Per accident)
— NON -OWNED AUTOS
PROPERTY DAMAGE
� – (Per accident)
—,--
GARAGE LIABILITY AUTO ONLY - EA AGCIOC $ – „-
-- ANY AUTO OTHER THAN FA ACC $
•^--, AUTO ONLY:
AGO $
EXCE$SIUMBRELLA . , • $ 5 000,000
-- , OCCUR CLAIMS MADE AGGREGATE s 5,000,000
$
B DEDUCTIBLE CCII07005B8 4/1/2010 4/1/2011 S
X RE YION $10,G00 $
A WORKERS COMPENSATION AND OTTH
x [TT , ER
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT 5 _ 500,000
OFFICERIMEM9ERl;XCLUDED7 GwC0700589 4/1/2010 4/ 1 / 2011 E,L,DISEASE - EA EMPLOYEU 500,000
If yea, describe under
S PECIA L EROVISIONE b elow . ESL, UNEASE • POLICY LIMIT S 500 , 000
OTHER
DESCRIPTION OF OPERATION SILOCATIONSIVEHICLES !EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
City of Oshkosh and its officers, council members, agents, employees and authorized volunteer* are 1Ldditioual
Insureds, as required by written contract, to the General Liability, 'Umbrella and Auto Liability, with respect to work
performed by the insured.
Project: Public Works Contract 10 -07
CERTIFICATE HOLDER CANCELLATION
(920) 236-5108 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF OSHKOSH EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Attn: Lynn Lorenson 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
215 Church Avenue FAILURE TO 00 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
PO Box 1130 INSURER, ITS AGENTS OR REPRESENTATIVES.
Oshkosh, WI 54903 -1130 AUTHORIZED REPRESENTATIVE
Dan Zorataky _
ACORD 25 (2001108) OD ACORD CORPORATION 1988
1N3025 (6108).O86 Pegg t of 2