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SPS Infrasturcture, Inc/City Center Parking Sturcture
CONTRACTOR AGREEMENT THIS AGREEMENT, made on the 24T" day of October, 2011 , by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SPS Infrastructure, Inc., 69 Empire Drive, St. Paul, MN 55103, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Tony Hall — Project Manager, SPS Infrastructure, Inc.) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Jon Urben — Director of General Services) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the City's "City Center Parking Structure Repairs" Bid Specifications and the Bid Form of the Contractor for said project. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such 1 products/services are requested in writing by the Authorized Representative of the City. In consultation with the City Center Hotel it has been agreed that SPS will barricade the ramp so as to restrict any hotel patron parking to the ground level of the parking ramp structure. SPS will then be able to utilize all remaining levels of the ramp to conduct the repairs and/or store their equipment and vehicles. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. 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 Bid Specifications General Conditions. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $69,934.40, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services (e.g. Contractor Costs for Unit Price Items as listed in the Bid Form) shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. 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 2 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. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project are identified on a separate document. ARTICLE VI. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. 3 In the Presence of: CONTRACTOR /CONSULTANT By: / � , / - a 10/ �-- "Fat/ (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: 1( -- Mark A. Rohloff, City Manager (Witness) j)/L- - • (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- /1 ary provisions have been made to pay the liability which will accrue lak4ajalikki.1.44 - under this contract. City At'to e City C;b ptoiler 4 • CITY CENTER PARKING STRUCTURE REPAIRS SEPTEMBER 2011 SECTION 00300- BID FORM PART I -GENERAL 1.1 Description A. Included herein are Bid Forms which shall be completed and submitted in accordance with the bidding requirements. Bidder shall submit two (2) sealed copies of bid by due date and time. PROJECT: City Center Parking Structure 2011 Repairs 1 North Main Street Oshkosh, WI 54901 BID SUBMITTED TO: Oshkosh City Manager c% City Clerk's Office, Room 104, City Hall P.O. Box 1130 Oshkosh, WI 54903 RECEIPT OF BIDS: Day: Date: Time: BID SUBMITTED BY: SPS Infrastructure, Inc. • BIDDERS NAME: Pete Wallace BIDDERS ADDRESS: 69 Empire Dr. St. Paul, MN 55103 TELEPHONE: 651-280-4260 DATE: 9/30/2011 CARL WALKER, INC. PROJECT NO. R1-2011-483 BID FORM • CITY CENTER PARKING STRUCTURE REPAIRS SEPTEMBER 2011 B. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with AGENT in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the. Contract Time indicated in this Bid and in accordance with the Contract Documents. C. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for thirty days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents as specified in the Instructions to Bidders. D. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: 1. BIDDER has examined copies of all the Contract Documents and of the following Addenda: Dated Addendum Number (receipt of all of which is hereby acknowledged) and also copies of the Invitation for Bids and the Instructions to Bidders. 2. BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. 3. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over AGENT. CARL WALKER, INC. PROJECT NO. R1-2011-483 BID FORM CITY CENTER PARKING STRUCTURE REPAIRS SEPTEMBER 2011 E. BIDDER agrees that the Work will substantially completed by November 18, 2011 based on a 4-week duration. F. The CONTRACTOR shall not subcontract any work performed or any materials to be furnished in the performance of this Contract without the written consent of the OWNER. If the CONTRACTOR shall sublet any part of this Contract, the CONTRACTOR shall be as fully responsible to the OWNER for acts and omissions of his subcontractor and of the persons either directly or indirectly employed by this subcontractor, as he is for the acts and omissions of persons directly employed by himself. The CONTRACTOR shall provide a complete list of all subcontractors and materials provided for written approval by the OWNER. This list shall be provided to the OWNER within three (3) business days of the bid opening and subject to approval by the OWNER prior to the award of the contract. G. The following information will be supplied per the requirements of the Instructions to Bidders: 1. Identify all subcontractors and other persons and organizations proposed for those portions of the Work listed below. Description of Work Manufacturer Installer a. Concrete Repair(03370) CE K1'� cfn b. Carbon Fiber Reinf. (03720) ) c. Concrete Sealers (07180) Ulf d. Joint Sealants (07900) e. Expansion Joint Sealants (07910) jg9s 2. Submit a.Substitution Listing per the Requirements of the Instructions to Bidders. 3. Provide a paragraph describing the materials and type of construction proposed for the dust and fume protection system. 4. Total project base bid shall include the summation of lump sum bids described in paragraph G.5, plus the summation of unit prices multiplied by the estimated quantities in paragraph G.6. Items with zero estimated quantities shall not be added to cost. Work items identified in paragraph G.7 shall be alternates to the Contract. 5. Contractor shall submit a lump sum Contract price for all work included in • the Drawings and Specifications except as modified herein. Costs for sealants and deck coating indicated in details should not be included in lump sum cost, unless noted. Lump sum price shall include all costs to CARL WALKER, INC. PROJECT NO. R1-2011-483 BID FORM CITY CENTER PARKING STRUCTURE REPAIRS SEPTEMBER 2011 provide, install, and/or repair work items including, but not limited to, labor, material, equipment, supervision, overhead, profits, etc. Specific lump sum work is described below: a. Item 1, Project mobilization, shall include General Contractor and Subcontractor mobilization costs. Include permits, temporary offices, bonding costs, etc. Provide itemized breakdown. b. Item 2, Project General Requirements and all miscellaneous costs associated with completion of work in accordance with the Construction Documents. This shall include,but not be limited to, staging, barricades, cleanup, dust and fume control, layout, equipment, waste disposal, documentation, obstruction removal and replacement, etc. c. Item 3, Remove and replace spandrel panel sealants. d. Item 4, Apply surface sealer to all supported slab surfaces. e. Work,Items: Description Ref. Spec, or Details Units Bid Price 1. Project Mobilization (00200) L.S. $ 5,000.00 2. Project General (00200) L.S. $ 8,979.00 Requirements Divs. 0 & 1 3. Spandrel Panel Sealants (Det. 8/SK-6) L.S. $ 9,285.00 4. Surface Sealer Application (07180) L.S. $ 21,935.00 6. Provide unit prices for items listed in the following bid tables. These items shall be included in the project base bid. Unit prices shall include all costs to provide, install, and/or repair work item including, but not limited to, labor, materials, equipment, supervision, overhead, profits, etc. a. Quantities beyond those estimated shall be paid at the stated unit price, quantities less than estimated will be deducted from the Contract. Quantities may be distributed throughout the project, not necessarily in a single location. Unit prices may be modified by paragraphs G.11. b. All prices to include demolition, unless noted. Unit Price Items Item Description Reference Unit Quantity Unit Total Cost Division 3 - Concrete CARL WALKER, INC. PROJECT NO. R1-2011-483 BID FORM CITY CENTER PARKING STRUCTURE REPAIRS SEPTEMBER 2011 3.01 Partial Depth Slab Delam. 2/SK-3 SF 50 $34.20 $1,710.00 3.02 Full Depth Slab Delam 3/SK-4 SF 0 3.03 Beam Spall Repair 5/SK-5 SF 30 $92.00 $2,760.00 3.04 Column Delam Repair 6/SK-5 SF 50 $74.00 $3,700.00 3.05 Column FRP Reinforcement 11/SK-7 Ea. 5 $1,335.00 $6,675.00 7.01 Replace Failed Cove Jt Sealants 10/SK-6 LF 800 $3.65 $2,920.00 7.02 Replace Failed Const. Jt Sealants 7/SK-6 LF 400 $4.65 $1.860.00 7.03 Rout and Seal Leaking Cracks 7/SK-6 LF 400 $4.02 $1.608.00 7.04 Expansion JointReplacement 4/SK-4 LF 40 $87.56 $3.502.40 7. Contractor shall provide unit cost for items listed in the following bid table. These items are not part of the current construction package, but shall be considered as alternate work to be performed at the Agent's option at the cost given. Contract period will not be extended if alternates are accepted. a. Alternate Items are as follows: Alternate Items Item Description Reference Unit Quantity Unit Total Cost Alternate 1: Replace existing Al. expansion joint cover plates with new aluminum cover plates to Ls $79.583.00 match existing dimensions. 8. BIDDER will complete the Work for the following price: a. BASE BID CONTRACT PRICE Sixty-Nine Thousand Nine Hundred (use words) Thirty-Four Dollars &40/100 DOLLARS ($ 69,934.40 ) (figures) b. The total base bid Contract price includes the following breakdown: 1) Summation of Lump Sum Contract Prices $45,199.00 (Paragraph G5) 2) Summation of Unit Prices $ 24,735.40 Items (Paragraph G6) CARL WALKER, INC. PROJECT NO. R1-2011-483 BID FORM • CITY CENTER PARKING STRUCTURE REPAIRS SEPTEMBER 2011 Total $ 69,934.00 9. Description of Abbreviations: a. L.F. = Lineal Feet b. EA. = Each c. S.F. = Square Feet d. L.S. = Lump Sum e. LBS. = Pounds f. N.A. = Not Applicable g. Allow =Allowance 10. The quantities appearing in the preceding Schedule (paragraph G.6.d) are approximate only and are prepared for comparison of bids. Payment to the Contractor will be made only for the actual quantities of Work performed and accepted in accordance with the contract unit prices. Any item and/or section within the Work may be deleted by the Agent. a. Refer to Drawings and Specifications for other Work required as part of this Contract but not listed in the above schedule (paragraph G.5). ,/�7 i4)/1 1 . - quantities of Work t. be done at the unit pri - -ted may be t,✓!S l �� dec -ased or increas .y 25 '-rcent of the sched -• qua 'ties. Where S7 l Il the q antity of Wo is increas- by more than percent, e unit pri "rule /p,�'1'' for a. •itional wo' shall be deer=-sed by 10 :-rcent. Where the qua. ity ,-r5 n of Wo k is deg eased by more -n 25 --rcent, the unit pri - •.II be factore• by 'e Following: v6ii f a. Factored Price= Bid Price + 0.10 (Contr Qtv-Const Qty) Construction Quantity b. No price increase of more than 10 percent. c. The unit price for items with estimated quantity of zero shall not be increased or decreased. 12. The terms used in this Bid which are defined in the General Conditions of the Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. a. The quantities appearing in the preceding Schedule have been measured or estimated by the Engineer. Contractor may rely upon these quantities in preparation of the base Bid. CARL WALKER, INC. PROJECT NO. R1-2011-483 BID FORM CITY CENTER PARKING STRUCTURE REPAIRS SEPTEMBER 2011 b. Where the quantity of Work is increased by more than 25 percent, the unit price shall be decreased by 10 percent c. Note that the items provided in the above list do not represent all of the General Requirement Work required by this Contractor. 13. The Bidder, by its officers and its agents or representatives present at the time of filing this Bid, being duly sworn on their oaths, say that neither they nor any of them have in any way directly or indirectly entered into any arrangement or agreement with any other Bidder, or with any officer of the Agent, or Carl Walker, Inc. whereby such affiant or affiants has paid or is to pay such other Bidder or officer any sum of money, or has given is to give to such other Bidder or officer anything of value whatever; that such affiant or affiants has not directly or indirectly, entered into any arrangement or agreement with any other free competition in the letting of the Contract sought for by the attached Bids; that no inducement of any form or character other than that which appears on the face of the Bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the Bid or awarding of the Contract; that this Bidder has no agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the Contract sought by this bid. By 51 £i/ 5? , (Corporation Name) kteiP Yt vO (State of Incorporation) By , 4r/dc_ AL (Name of Person Aut►o ' ed to Sign) (Title) (Corporate Seal) Attest /M' /QvV3 OdikaRivi (Seere'tarli6177 CARL WALKER, INC. PROJECT NO. R1-2011-483 BID FORM CITY CENTER PARKING STRUCTURE REPAIRS SEPTEMBER 2011 Business Address 69 Empire Dr. St. Paul, MN 55103 Phone No. 651-280-4260 Date: 9/30/2011 PART 2 - PRODUCTS 2.1 Not used. PART 3 -EXECUTION 3.1 Not used. END OF SECTION • CARL WALKER, INC, PROJECT NO. R1-2011-483 BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS,THAT WE SPS Infrastructure, Inc. 7455-T New Ridge Road, Hanover, MD 21076-3143 as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland 1400 American Lane, Tower I, 18th Floor, Schaumburg, IL 60196-1056 a corporation duly organized under the laws of the State of MD as Surety, hereinafter called the Surety, are held and firmly bound unto City of Oshkosh Transit Department City Clerk's Office,Room 104,City Hall,P.O.Box 1130, Oshkosh,WI 54903-1130 as Obligee, hereinafter called the Obligee,in the sum of Five Percent of Amount Bid Dollars($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for City Center Parking Structure Repairs NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of September 2011 SPS Infrastructure, Inc. (Principal) (Seal) Melissa Lovett (witness) By:Agif p of eCv. J••• •e Gaubert,Secretary trine, ? x (1/� i Fidelty and Deposit Company of Maryland urety) (Seal) Diane S. Loughry rtness) ,• 414ttt4 Attorn -in-Fact Robert A. Chlada (TNej t AIA DOCUMENT A310•BID BOND•AIA•FEBRUARY 1970 En.•THE AMERICAN-----1.; 7 INSTITUTE OF ARCHITECTS,1735 N.Y.AYE.,N.W.,'WASHINGTON,D.C.20006 ')a. !1't 1 IT Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the S la aryland,by DAVID S. HEWETT,Vice President,and ERIC D.BARNES,Assistant Secretary,in pursu -f.0. sr-. ted by Article VI, Section 2,of the By-Laws of said Companies,which are set forth on t. 6`t • n ., �'•reby certified to be in full force and effect on the date hereof,does hereby nomina ,- , l.•t i, ..po = ii e . 3' ON,John W. BOYER,Robert A.CHLADA,Cynthia M.C T: ',. • '.' v OURAND and Steven A. DZURIK,JR.,all of Hunt Valley,M ti r° r. tr ,,g,+. -n and Attorney-in-Fact,to make,execute,seal and deliver,for and on its b-. as' 'Y-_* 1 y and all bonds and undertakings,and the execution of such b e..2.y; rthkm_ • . ++ , ,�ese presents,shall be as binding upon said Companies,as fully and amply,to all int.r+is .+ .' .�. ad been duly executed and acknowledged by the regularly elected officers of the Company at it����.-., al .re,Md.,in their own proper persons. The said Assistant - re . does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,this 2nd day of February,A.D.2010. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ie DEPps.„` soli 00141.4,4t. z s b SEAL x 4 Arta ' 1 f-�s / — �. I ,�,.kribk- By: Eric D. Barnes Assistant Secretary David S.Hewett Vice President State of Maryland 1 ss: City of Baltimore f On this 2nd day of February, A.D. 2010,. before the subscriber. a Notary Public of the State of Maryland, duly commissioned and qualified,came DAVID S. HEWETT, Vice President.and ERIC D. BARNES,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies,and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 1.-Q�r- A.1.z�r.c+°_- -r— ,...);„.:,,,1, ' ,,:-/..i4:5,....),,, Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 025-0056A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking,recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2.The Chairman of the Board,or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts,agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorize by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3 Cr TF I day of b er ZO// � r. `' j.i T'}�` it — r. IVA 4s vis!c,;U Se r'tt rr v. :J, ACC,R° CERTIFICATE RTI F I CA ,,.-- TE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 10,4,2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poiicy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Construction Risk PHONE FAX 11311 McCormick Road (A/C.No.ExU:443-798-7499 (A/C,NO):443-798-7290 Suite 450 AMAIL ADDRESS: certificates®thecrsteam.com Hunt Valley MD 21031-8622 PRODUCER CUSTOMER ID N: INSURER(S)AFFORDING COVERAGE NAIC I INSURED SPS Infrastructure, Inc. INSURERA:National Union Fire Ins Co Pittsbur 19445 7455-T New Ridge Road INSUrteRB:New Hampshire Insurance Co 23841 Baltimore, MD 21076 INSURERC:Nat Union Fire Ins Co of Pitts 19445 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:582561536 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR - LTR TYPE OF INSURANCE INSR POLICY NUMBER POLICY EFF POLICY EXP A GENERAL LIABILITY D 2449508 /1/2 IYYYY) (/1/20YYYY) LIMITS 7/1/2011 7/1/2012 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(F2 occurrence) $1,000,000 CLAIMS-MADE I X OCCUR MED EXP(Any one person) $5,000 PERSONAL BADVINJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GENL AGGREGATE LIMIT APPUES PER o c I^ IJ 1 ILOC PRODUCTS-COMP/OP AGG $4,000,000 A AUTOMOBIEUAAiUTY 7/1/2011 7/1/2012 COMBINED SINGLE LIMIT ... xAUTO (Ea accident) sz,000,000 ALL OWNED AUTOS BODILY INJURY(Per person) $ SCHEDULED AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS PROPERTY DAMAGE $ - (Per accident) X NON-OWNED AUTOS $ - C x UMBRELLA LIAB X$ OCCUR 5E28360868 7/1/2011 7/1/2012 EACH OCCURRENCE $10,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $10,000,000 — DEDUCTIBLE X RETENTION $10,000 - $ g WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY 01588713 7/1/2011 7/1/2012 X I WC STATU- OTH- ANY PROPRIETOR/PARTNERIEXECUTIVE YIN TORY LIMITS_ ER OFFICER/MEMBER EXCLUDED? NIA E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,desaibe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 - DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Re: Job No. 402954 - City Center Parking Structure Repairs - Project No. R1-2011-483 City of Oshkosh and its officers, council members, agents, employees, and authorized volunteers are included as additional insured as respects all policies except workers' compensation. Insurance provided is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION 30 days/10 days for non-payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Oshkosh Attn: City Clerk 215 Church Avenue, PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 ! 1 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 2449508 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION THAT IS ANY LOCATION WHERE WORK IS PERFORMED REQUIRED TO BE NAMED AS AN ADDITIONAL BY THE NAMED INSURED INSURED BY WRITTEN CONTRACT. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II -- Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exctu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused,in whole or in part, by: 1. Your acts or omissions; or 1• All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CDPUtZdeliteMeit CG 2010 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 D EFFECT VE:449508 COMMERCIAL GENERAL LIABILITY CARRIER: National Union Fine Ins Co Pit CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations ANY PERSON OR OGANIZATION THAT IS REQUIRED TO BE NAMED AS AN ANY LOCATION WHERE WORK IS PERFORMED ADDITIONAL INSURED BY WRTITEN BY THE NAMED INSURED. CONTRACT. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II-Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage" caused, in whole or in part, by"your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 _ . �_.......��...b .,..r. — rnrurrnauon ror National Union Fire Ins Co Pittsb... Page 1 of 2 Ratings & Analysis Center Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa Home About Us I Contact Us I Sitemap Ratings&Analysis♦ National Union Fire Ins Co Pittsburgh PA Ea Print this past@ PIENEMIESZEIN •Home (a member of American IntemationalGroup) For ratings and product access —" L J Sign-up.Bests Credit Ratin s+ A.M.Best#:002351 NAIC#19445 FEIN#:25p88765f�Assigned •Finandal Strength Rtngs ,companies •Issuer Credit Ratings that haws,in »Debt Ratings Find a Best's Credit Rating Advanced Search Stock Ticker New York Stock ExchangeNYSE AIG our opinbn, g »About Bests Credit Ratings+ Address:175 Water Street,18th Floor an excellent abilty to meet their Enter a Company Name C ail •Get a Credit Rating+ New York,NY 10038 ongoing insurance obligations. •Advanced Search••Bests Special Reports UNITED STATES Add Bests Credit Ratings Seach To Your Site Phone:212-770-7000 »BestMark for Secure-Rated Web:www.chartisinsurance.romaet.Rateu1BykBtBest Insurers 4.,i •Contact an Analyst Best's Ratings »Awards and Recognitions - News&Analysis Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions View Rating Definitions Products&Services Rating:A(Excellent) Long-Term:a Select one.. Industry Information» Affiliation Code:p(Pooled) Outlook:Negative • Financial Size Category:XV($2 Billion or Action:Affirmed Corporate w greater) Date:December 20,2010 Support&Resources w Outlook:Negative Conferences and Events v Action:Affirmed Effective Date:December 20,2010 •Denotes Under Review nest's Ratings Office: A.M.Best Company Managing Senior Financial Analyst: Jennifer Marshall,CPCU,ARM Vice President: Daniel J.Ryan Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M.Best Group. AMB Credit Report-Insurance Professional-includes Best's Financial Strength ).Rating and rationale along with comprehensive analytical commentary,detailed ry business overview and key financial data. Report Revision Date:07/18/2011 (represents the latest significant change) Historical Reports are available in AMB Credit Report-Insurance Professional Afchive. Best's Executive Summary Reports(Financial Overview)-available in three µ-,_`versions,these presentation style reports feature balance sheet,income statement, key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2011 Best's Statement File-P/C,US.Contains data compiled as of 10/3/2011(Quality Cross Checked). • Single Company-five years of financial data specifically on this company. • Comparison-side-by-side financial analysis of this company with a peer group of up to five other companies you select • Composite-evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. AMB Credit Report-Business Professional-provides three years of key =2 financial data presented with colorful charts and tables.Each report also features the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 10/3/2011(Quaky Cross Checked). otBest's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status:2010 Financial Data(Dually Cross Chedked). Financial and Analytical Products Best's Key Rating Guide-P/C,US&Can ads Best's Statement File-P/C.US Best's Statement File-Global Best's Insurance Reports-P/C.US&Canada Best's State Line-P/C,US Best's Insurance Expense Exhibit(IEE)-P/C,US Best's Schedule F(Reinsurance)-P/C.US Best's Schedule D(Municipal Bonds)-US Best's Schedule D(Common Stocks)-US http://www3.ambest,corn/ratings/F'u1lProfile-asp?B1=0&AMBNum=23 51&AltSrc=1&Alt,.. 10/4/2011 - _-_-- -_ .__.b �...,.. ..,.1111 ,u.11y lil.R.rtmamill iui 1NCw niunpsnlre insurance Lomp... Page 1 of 2 Ratings & Analysis Center Regional Centers:Asia Pacific I Canada(Europe,Middle East and Africa Home I About Us(Contact Us I Sitemap Ratings&Analysis v New Hampshire Insurance Company Print this ease Merl?be=C t,CE' a Home (a member of American IntemationalGroup) For ratings and product access Bests redit Ratings+ A.M.Best#:002363 NAIC#:23841 FEIN#:02017217 Assigned b Q- - -_ _...__.__Login(Sig_r7up Finandal Strength I�tings - -- a Issuer Credit Ratings companies a Debt Ratings that have,in Find Advanced Search Parent Stock Ticker New York Stock ExdlangetIYSE AIG our opinion, Enter a Best's Credit Rating an excellent insurance to meet their Enter a Company�___._.._._...._. _._. *About Bests Credit Ratings+ Address:175 Water Street,18th Floor Name ¢tsq •Get a Credit Rating+ New York,NY 10038 ongokig insurance oblgations. ••••--... ._....._-------..__......__.....__...._..--_._.......___.._ a Advanced Search Bests Special Reports UNITED STATES a Add Bests Credit Ratings Seach To Your Site Phone:212-770-7000 s BestMark for Secure-Rated VVeb:www.aig.corn L et.Rated By A M Bel" Insurers MT f§ ca ) ■Contad an Analyst Best's Ratings a Awards and Recognitions News&Analysis Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions View Rating Definitions Products&Services Rating:A(Excellent) Long-Tenn:a Select one.. Industry Information • Affiliation Code:p(Pooled) Outlook:Negative Financial Size Category:XV($2 Billion or Action:Affirmed Corporate• greater) Date:December 20,2010 Support&Resources a Outlook:Negative Conferences and Events v Action:Affirmed ? ` lAnfR , ,, Effective Date:December20,2010 •Denotes Under Review Best's Retinas Office: A.M.Best Company Managing Senior Financial Analyst: Jennifer Marshall,CPCU,ARM Vice President: Daniel J.Ryan Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M.Best Group. AMB Credit Report•Insurance Professional-includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:07/18/2011 (represents the latest significant change) Historical Reports we available in AMB Credit Report-Insurance Professional Archive. Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports feature balance sheet,income statement, key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2011 Best's Statement File-P/C,US.Contains data compiled as of 10/3/2011(Quality Cross Checked). • Single Company-five years of financial data specifically on this company. • Comparison-side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite-evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. '.,AMB Credit Report-Business Professional-provides three years of key rat'financial data presented with colorful charts and tables.Each report also features the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 10/3/2011(Qualty Cross Checked). 0w, Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status:2010 Financial Data(Quay Cross Checked). Financial and Analytical Products Bests Key Rating Guide-P/C.US&Canada Best's Statement File-P/C.US Best's Statement File-Global Best's Insurance Reports-P/C.US&Canada Best's State Line-P/C.US Best's Insurance Expense Exhibit(IEE)-P/C,US Best's Schedule F(Reinsurance)-P/C,US Best's Schedule D(Municipal Bonds)-US Best's Schedule D(Common Stocks)-US http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=2363&AltSrc=1&Alt... . 10/4/2011 PULLMAN SPS Infrastructure,Inc. 69 Empire Drive St.Paul,MN 55103 Phone 651-280-4260 www.spsinfrastructure.net October 5, 2011 Jon Urban City of Oshkosk P.O. Box 1130 Oshkosh, WI 54903 RE: City Center Parking Structure 2011 Repairs 1 North Main Street Oshkosh, WI 54901 Dear Jon, After qualifying our proposal dated 9/30/2011 with Carl Walker, Inc., it was discovered that we made a mathematical error on Alternate #1. We would like to submit a revised price of $4,000.00. We appreciate the opportunity to bid on this project and future projects. Sincerely, Pullman /SPS Infrastructure, Inc. Todd Butts Kris Starkey Restoration Estimator Estimating Manager Confidential:Any unauthorized use or distribution is prohibited. Bond No.9040122 Performance Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY: SPS Infrastructure, Inc. Fidelity and Deposit Company of Maryland 7455-T New Ridge Road 1400 American Lane, Tower I, 18th Floor Hanover, MD 21076-3143 OWNER(Name and Address): Schaumburg, IL 60196 1056 City of Oshkosh Transit Department City Clerk's Office, Room 104, City Hall, P.O. Box 1130 Oshkosh, WI 54903-1130 CONSTRUCTION CONTRACT Date: October 17, 2011 Amount: $69,934.00 Sixty Nine Thousand Nine Hundred Thirty Four Dollars and 00/100 DOLLARS Description(Name and Location): City Center Parking Structure Repairs BOND Date(Not earlier than Construction Contract Date): October 17, 2011 Amount:$69,934.00 Sixty Nine Thousand Nine Hundred Thirty Four Dollars and 00/100 DOLLARS Modifications to this Bond: ❑ None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: SPS Infrastructure, Inc. Company: Fidelity and Deposit Compan G. i.I land OLPost 4*' Poi s" Co orate Seal `° .rporate Signature: Sign. Name and ' le: Joconde Gaubert N. • d Title: Robert A. Chlada 3890 , Secretary 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 other party): Construction R ;k Solutions, LLC 11311 McCormick Rd., Suite 450 Hunt Valley, MD 21031-8622 443-798-7499 Printed in cooperation with the American Institute of Architects(AIA)by vouches that the language in the document conforms exactly to the language used in AIA Document A-312,December 1984 Edition. PRF76001 ZZ0601 f With Modifications 1 The Contractor and the Surety, jointly and severally, bind may be liable to the Owner and, as soon as prac- themselves,their heirs,executors,administrators,successors and ticable after the amount is determined, tender pay- assigns to the Owner for the performance of the Construction ment therefor to the Owner;or Contract,which is incorporated herein by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, the Owner citing reasons therefor. Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Sub- 5 If the Surety does not proceed as provided in Paragraph 4 with paragraph 3.1, reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional 3 If there is no Owner Default,the Surety's obligation under this written notice from the Owner to the Surety demanding that the Bond shall arise after: Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner.If 3.1 The Owner has notified the Contractor and the Surety the Surety proceeds as provided in Subparagraph 4.4, and the at its address described in Paragraph 10 below that the Owner refuses the payment tendered or the Surety has denied Owner is considering declaring a Contractor Default and has liability, in whole or in part, without further notice the Owner requested and attempted to arrange a conference with the shall be entitled to enforce any remedy available to the Owner. Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing 6 After the Owner has terminated the Contractor's right to corn- the Construction Contract. If the Owner, the Contractor and plete the Construction Contract, and if the Surety elects to act the Surety agree,the Contractor shall be allowed a reasonable under Subparagraph 4.1, 4.2, or 4.3 above, then the time to perform the Construction Contract, but such an responsibilities of the Surety to the Owner shall not be greater agreement shall not waive the Owner's right, if any, than those of the Contractor under the Construction Contract,and subsequently to declare a Contractor Default;and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.To the 3.2 The Owner has declared a Contractor Default and for- limit of the amount of this Bond,but subject to commitment by mally terminated the Contractor's right to complete the con- the Owner of the Balance of the Contract Price to mitigation of tract. Such Contractor Default shall not be declared earlier costs and damages on the Construction Contract, the Surety is than twenty days after the Contractor and the Surety have obligated without duplication for: received notice as provided in Sub-paragraph 3.1;and 3.3 The Owner has agreed to pay the Balance of the Contract 6.1 The responsibilities of the Contractor for correction of Price to the Surety in accordance with the terms of the defective work and completion of the Construction Contract; Construction Contract or to a contractor selected to perform 6.2 Additional legal, design professional and delay costs the Construction Contract in accordance with the terms of the resulting from the Contractor's Default,and resulting from the contract with the Owner. actions or failure to act of the Surety under Paragraph 4;and 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of 6.3 Liquidated damages, or if no liquidated damages are the following actions: specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. 4.1 Arrange for the Contractor,with consent of the Owner,to perform and complete the Construction Contract;or 7 4.2 Undertake to perform and complete the Construction The Surety shall not be liable to the Owner or others for obliga- Contract itself, through its agents or through independent lions of the Contractor that are unrelated to the Construction contractors;or Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. 4.3 Obtain bids or negotiated proposals from qualified con- No right of action shall accrue on this Bond to any person or tractors acceptable to the Owner for a contract for perfor- entity other than the Owner or its heirs,executors,administrators mance and completion of the Construction Contract, arrange or successors. for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be 8 The Surety hereby waives notice of any change, including secured with performance and payment bonds executed by a changes of time, to the Construction Contract or to related sub- qualified surety equivalent to the bonds issued on the contractors,purchase orders and other obligations. Construction Contract, and pay to the Owner the amount of 9 Any proceeding, legal or equitable, under this Bond may be damages as described in Paragraph 6 in excess of the Balance instituted in any court of competent jurisdiction in the location in of the Contract Price incurred by the Owner resulting from the which the work or part of the work is located and shall be Contractor's default;or instituted within two years after Contractor Default or within two 4.4 Waive its right to perform and complete, arrange for years after the Contractor ceased working or within two years completion, or obtain a new contractor and with reasonable after the Surety refuses or fails to perform its obligations under promptness under the circumstances: this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of .1 After investigation,determine the amount for which it limitation available to sureties as a defense in the jurisdiction Printed in cooperation with the American Institute of Architects(ALA)by • 2 vouches that the language in the document conforms exactly to the language used in AIA Document A-312,December 1984 Edition. shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be Owner in settlement of insurance or other claims for mailed or delivered to the address shown on the signature page. damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the 11 When this Bond has been furnished to comply with a statutory Contractor under the Construction Contract. or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with 12.2 Construction Contract: The agreement between the said statutory or legal requirement shall be deemed deleted Owner and the Contractor identified on the signature page, herefrom and provisions conforming to such statutory or other including all Contract Documents and changes thereto. legal requirement shall be deemed incorporated herein.The intent is that this Bond shall be construed as a statutory bond and not as 12.3 Contractor Default: Failure of the Contractor, which a common law bond. has neither been remedied nor waived, to perform or 12 DEFINITIONS otherwise to comply with the terms of the Construction Contract. 12.1 Balance of the Contract Price: The total amount payable by 12.4 Owner Default:Failure of the Owner,which has neither the Owner to the Contractor under the Construction Contract been remedied nor waived,to pay the Contractor as required after all proper adjustments have been made,including allowance by the Construction Contract or to perform and complete or to the Contractor of any amounts received or to be received by the comply with 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 SURETY: Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Printed in cooperation with the American Institute of Architects(AIA)by vouches that the language in the document conforms exactly to the 3 language used in AIA Document A-312,December 1984 Edition. Bond No. 9040122 Payment Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY: SPS Infrastructure, Inc. Fidelity and Deposit Company of Maryland 7455-T New Ridge Road 1400 American Lane, Tower I, 18th Floor Hanover, MD 21076-3143 Schaumburg, IL 60196-1056 OWNER(Name and Address): City of Oshkosh Transit Department City Clerk's Office, Room 104, City Hall, P.O. Box 1130 Oshkosh, WI 54903-1130 CONSTRUCTION CONTRACT Date: October 17, 2011 Amount: $69,934.00 Sixty Nine Thousand Nine Hundred Thirty Four Dollars and 00/100 DOLLARS Description(Name and Location): City Center Parking Structure Repairs BOND Date(Not earlier than Construction Contract Date): October 17, 2011 Amount:$ 69,934.00 Sixty Nine Thousand Nine Hundred Thirty Four Dollars and 00/100 DOLLARS Modifications to this Bond: ❑None © See Page 3 to etPQ fP� CONTRACTOR AS PRINCIPAL SURETY �N' tor c• Company: SPS Infrastructure, I Company: Fidelit <•• -• .S1t mpariy I,I.,yland ..... s ate Seal Corporate Seal Xg90 Signature: i / ofi _ Signs _ Name and 'e: Joconde Gaubert Na • i Title: Robert A. 1 ac Secretary Attorney-in-Fa ``"r't (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name,Address and Telephone) OWNER'S REPRESENTATIVE(Architect,Engineer or AGENT or BROKER: other party): Construction Risk Solutions, LLC 11311 McCormick Rd., Suite 450 Hunt Valley, MD 21031-8622 443-798-7499 Printed in cooperation with The American Institute of Architects(AIA)by vouches that the language in the document conforms exactly to 1 the language used in AIA Document A-312,December 1984 EDITION. PAY76001ZZ0409f With Modifications 1 The Contractor and the Surety,jointly and severally,bind 6 When the Claimant has satisfied the conditions of Paragraph 4, themselves,their heirs,executors,administrators,successors and the Surety shall promptly and at the Surety's expense take the assigns to the Owner to pay for labor,materials and equipment following actions: furnished for use in the performance of the Construction Con- tract,which is incorporated herein by reference. 6.1 Send an answer to the Claimant,with a copy to the Owner, within 45 days after receipt of the claim,stating the amounts 2 With respect to the Owner, this obligation shall be null and that are undisputed and the basis for challenging any amounts void if the Contractor: that are disputed. 2.1 Promptly makes payment,directly or indirectly,for all 6.2 Pay or arrange for payment of any undisputed amounts. sums due Claimants,and 7 The Surety's total obligation shall not exceed the amount of this 2.2 Defends,indemnifies and holds harmless the Owner from Bond,and the amount of this Bond shall be credited for any claims,demands,liens or suits by any person or entity whose payments made in good faith by the Surety. claim,demand,lien or suit is for payment for labor,materials or equipment furnished for use in the performance of the 8 Amounts owed by the Owner to the Contractor under the Con- Construction Contract,provided the Owner has promptly Contract and to satisfy struction Contract shall be used for the performance of the Con- struction Contd is claims,if any,under any Con- notified the Contractor and the Surety(at the address described in paragraph 12)of any claims,demands,liens or struction Performance Bond.By the Contractor furnishing and suits and tendered defense of such claims,demands,liens or the Owner accepting this Bond,they agree that all funds earned suits to the Contractor and the Surety,provided there is no by the Contractor in the performance of the Construction Owner Default. Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's priority to use 3 With respect to Claimants,this obligation shall be null and the funds for the completion of the work. void if the Contractor promptly makes payment,directly or in- directly,for all sums due. 9 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the 4 The Surety shall have no obligation to Claimants under this Construction Contract.The Owner shall not be liable for pay- Bond until: ment of any costs or expenses of any Claimant under this Bond, 4.1 Claimants who are employed by or have a direct contract and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to with the Contractor have given notice to the Surety(at the Claimants under this Bond. address described in Paragraph 12)and sent a copy,or notice thereof,to the Owner,stating that a claim is being made under 10 The Surety hereby waives notice of any change,including this Bond and,with substantial accuracy,the amount of the changes of time,to the Construction Contract or to related sub- claim. contracts,purchase orders and other obligations. 4.2 Claimants who do not have a direct contract with the 11 No suit or action shall be commenced by a Claimant under Contractor: this Bond other than in a court of competent jurisdiction in the .1 Have furnished written notice to the Contractor and sent location in which the work or part of the work is located or after the expiration of one year from the date(1)on which the Claim- a copy,or notice thereof,to the Owner,within 90 days ant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, after having last performed labor or last furnished or(2)on which the last labor or service was performed by anyone materials or equipment included in the claim stating, or the last materials or equipment were furnished by anyone with substantial accuracy,the amount of the claim and under the Construction Contract,whichever of(1)or(2)first the name of the party to whom the materials were occurs.If the provisions of this Paragraph are void or prohibited furnished or supplied or for whom the labor was done by law,the minimum period of limitation available to sureties as or performed;and a defense in the jurisdiction of the suit shall be applicable. .2 Have either received a rejection in whole or in part from from the Contractor,or not received within 30 days of 12 Notice to the Surety,the Owner or the Contractor shall be furnishing the above notice any communication from mailed or delivered to the address shown on the signature page. the Contractor by which the Contractor has indicated Actual receipt of notice by Surety,the Owner or the Contractor, the claim will be paid directly or indirectly;and however accomplished,shall be sufficient compliance as of the date received at the address shown on the signature page. .3 Not having been paid within the above 30 days,have 13 When this Bond has been furnished to comply with a statutory sent a written notice to the Surety(at the address described in Paragraph 12)and sent a copy,or notice or other legal requirement in the location where the construction thereof,to the Owner,stating that a claim is being was to be performed,any provision in this Bond conflicting with made under this Bond and enclosing a copy of the said statutory or legal requirement shall be deemed deleted previous written notice furnished to the Contractor, herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.The intent 5 If a notice required by Paragraph 4 is given by the Owner to is that this Bond shall be construed as a statutory bond and not as the Contractor or to the Surety,that is sufficient compliance. a common law bond. Printed in cooperation with The American Institute of Architects(AIA)by 2 vouches that the language in the document conforms exactly to the language used in AIA Document A-I2,December 1984 Edition. 14 Upon request by any person or entity appearing to be a poten- required for performance of the work of the Contractor and tial beneficiary of this Bond, the Contractor shall promptly fur- the Contractor's subcontractors,and all other items for which nish a copy of this Bond or shall permit a copy to be made. a mechanic's lien may be asserted in the jurisdiction where 15 DEFINITIONS the labor,materials or equipment were furnished. 15.1 Claimant:An individual or entity having a direct con- 15.2 Construction Contract:The agreement between the tract with the Contractor or with a subcontractor of the Con- Owner and the Contractor identified on the signature page, tractor to furnish labor,materials or equipment for use in the including all Contract Documents and changes thereto. performance of the Contract.The intent of this Bond shall be to include without limitation in the terms"labor,materials or 15.3 Owner Default:Failure of the Owner,which has neither equipment"that part of water,gas,power,light,heat,oil, been remedied nor waived,to pay the Contractor as required gasoline,telephone service or rental equipment used in the by the Construction Contract or to perform and complete or Construction Contract,architectural and engineering services comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 4 is amended to insert sub-paragraph 4.3,which states: 4.3 Claimants have furnished to Surety proof of claim duly sworn to by Claimants with adequate supporting documentation proving the amount claimed is due and payable. Paragraph 5 shall be amended to delete the word"or"and insert the word"and'in its place. Paragraph 6 and its sub-paragraphs 6.1 and 6.2 shall be deleted in their entirety and replaced with the following: When the Claimant has satisfied the conditions of Paragraph 4,the Surety shall,within 90 days of the date when claimant finally completed its satisfactions of the conditions of Paragraph 4 notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed,including,but not limited to,the lack of substantiating documentation to support the claim as to entitlement or amount,and the Surety shall pay or make arrangements for payment of any undisputed amount;provided,however,that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to,or right to dispute,such claim. Rather,the Claimant's sole remedy shall be the immediate right, without further notice,to bring suit against the Surety to enforce any remedy available to it under this Bond. Paragraph 12 shall be amended to add the following paragraph: CLAIM NOTICE for the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND INSURANCE COMPANY and/or AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY must be sent to the following address: Contract Surety Bond Claims, c/o ZURICH, 1400 American Lane, Schaumburg,IL 60196. (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: Signature: Signature: Name and Title: Address: Name and Title: Address: Printed in cooperation with The American Institute of Architects(AIA)by 3 vouches that the language in the document conforms exactly to the language used in AIA Document A-312,December 1984 EDITION. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the S w t>fMaryland,by FRANK E. _� Cdr Rrantcd by Article VI, MARTIN JR., Vice President,and ERIC D. BARNES,Assistant Secretary, in puraun � b 15,E Y Section 2,of the By-Laws of said Companies, which are set forth on_t .v(6e\4 1,i+'&ot an Oizreby certified to he in p ttct ' tILh�1 Apo ° ? RON,John W. full force and effect on the date hereof, does hereby nominal _ O R � . s��.OURAND,Steven A. BOYER, a :tO ` ' x 6. Robert A.CHLADA,Cynthia M. C Tr r y Wiley,M EACH its true and ay < t► i 1D� . ar land, DZURIK,JR.,John J.MARKOTIC� d iin�g5•+lJ � y and as its act and decd: lawful agent and Attornc r act---/-7.,:,1‘'�. ,' eutg ar kg aline 'for, and on its behalf as surety, y,�� = � , S`'ancl ah ;cOid,,iyiaywdl such bonds or undertakings in pursuance of these presents, shall any and all bonds ,%n� a ��� , �_ r be as binding upon srlid'Cfi s-- •, • ,--3 1�ii-(iti amply,to all intents and purposes, as if they had been duly executed and acknowledged by thq-10. ty'elect officers of the Company at its office in Baltimore, Md., in their own proper persons. This power C attorn AT,Apil that issued on behalf of Joseph A. PIERSON,John W. Dennis C.OURAND, Steven A. DZURIK, R.,John J. MARKOTIC, Diane Cynthia M. CHARVAT, April S. LOUGHRY,dated February 2, 2010. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Companies.and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 7th day of January. A.D. 2011. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Ito 9tPps f " utp#, Ii �+4fa G MM lb ZEAL 1 late wr► 7 / 1 7,1*,,yd-- ,,, 7 .t ti,c.c- `;'W,t�l.NU x+h By: Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland 155: City of Baltimore On this 7th day of January, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. `,,,111'',,' 1" "'/II(1111\''\\ Constance A. Dunn Notary Public My Commission Expires: July 14,2015 POA-F 025-0056A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, • this / day of OV' V6 . .1∎twattl.Se r('an v AR°0 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) E 10/4/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Construction Risk Solutions, LLC. NAME: Laura Oas PHONE FAX 11311 McCormick Road (A/C.No,Esti:443-798-7499 (A/c,No):443 798 7290 Suite 450 E-MAIL ADDRESS: certificatesQthecrsteam.corn Hunt Valley MD 21031-8622 PRODUCER CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED SPS Infrastructure, Inc. INSURERA:National Union Fire Ins 'Co Pittsbur 19445 7455-T New Ridge Road INSURERB:New Hampshire Insurance Co 23841 Baltimore, MD 21076 INSURERC:Nat Union Fire Ins Co of Pitts 19445 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:582561536 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFRInn INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTIICR DOCUMENT WTI I 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDY/YEYYY) (MM DDfYYYY), LIMITS A GENERAL LIABILITY 2449508 7/1/2011 7/1/2012 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADVINJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 —1 POLICY F7 zCJ X LOC A AUTOMOBILE LIABILITY 3506359 7/1/2011 7/1/2012 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $3,000,000 ALL OWNED AUTOS BODILY INJURY(Per person) $ SCHEDULED AUTOS — BODILY INJURY(Per accident) $ PROPERTY DAMAGE X HIRED AUTOS (Pcr occident) X NON-OWNED AUTOS $ — $ — C x UMBRELLALIAB X OCCUR BE28360868 7/1/2011 7/1/2012 EACH OCCURRENCE $10,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $10,000,000 DEDUCTIBLE X RETENTION $10,000 B WORKERS COMPENSATION 01588713 7/1/2011 WC STATU- 0TH- AND EMPLOYERS'LIABILITY YIN 7/1/2012 X TORY LIMITS ER ANY PROPRIETORJPARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Re: Job No. 402954 - City Center Parking Structure Repairs - Project No. R1-2011-483 City of Oshkosh and its officers, council members, agents, employees, and authorized volunteers are included as additional insured as respects all policies except workers' compensation. Tnsurance provided is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION 30 days/10 days for non-payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Oshkosh Attn: City Clerk 215 Church Avenue, PO BOX 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD A R a CERTIFICATE RTI F I DATE(MMDD/YYYY) KATE OF LIABILITY INSURANCE 10,24/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Construction Risk Solutions, LLC NAME: Laura Oas 11311 McCormick Road PHONE FAX HVC.No,Ext1:443-798-7499 (A/c,No):443-798-7290 Suite 450 E-MAIL ADDRESS: certificates@thecrsteam.corn Hunt Valley MD 21031-8622 PRODUCER CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA:National Union Fire Ins Co Pittsbur 19445 SPS Infrastructure, Inc. 7455-T New Ridge Road INSURERB:New Hampshire Insurance Co 23841 Baltimore, MD 21076 INSURERC:Nat Union Fire Ins Co of Pitts 19445 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1728373247 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDY/YEYYY) (MM DD/YYYY ) LIMITS A GENERAL LIABILITY 2449508 7/1/2011 7/1/2012 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL B.ADVINJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT I^APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 —1 POLICY I° I JECOT I LOC — $ A AUTOMOBILE LIABILITY 3506359 7/1/2011 7/1/2012 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $2,000,000 ALL OWNED AUTOS BODILY INJURY(Per person) $ SCHEDULED AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS PROPERTY DAMAGE (Per accident) X NON-OWNED AUTOS - $ — $ C x UMBRELLA LIAB X OCCUR BE28360868 7/1/2011 7/1/2012 EACH OCCURRENCE $10,000,000 EXCESS LJAB CLAIMS-MADE AGGREGATE $10,000,000 DEDUCTIBLE — X RETENTION $10,000 - B WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY 01588713 7/1/2011 7/1/2012 X WCST TORYLATT IMIS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) If es,describe under E.L.DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Re: Job No. 402954 - City Center Parking Structure Repairs - Project No. R1-2011-483 City Center Associates, LLc is included as additional insured with respect to all policies except workers' compensation. Insurance provided is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION30 days/10 days for non-payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Center Associates, LLC 334 City Center Oshkosh WI 54901 AUTHORIZED REPRESENTATIVE L n ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD