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HomeMy WebLinkAboutReeke-Marold/Condenser-Chiller replacement CONTRACTOR AGREEMENT THIS AGREEMENT, made on the 24TH day of October, 2011 , by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Reeke-Marold Company, Inc., 1337 S. Broadway, Green Bay, WI 54304 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: (Rich Lund - Project Manager, Reeke-Marold Company, 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 "Condenser Replacement- Oshkosh Safety Building" and "Chiller Replacement- Oshkosh Administration Building" Bid Specifications and the Bid Form of the Contractor for both said projects. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. 1 The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 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. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $73,200 for the Condenser Replacement for the Oshkosh Safety Building Project and and additional $88,500 for the Chiller Replacement for the Oshkosh Administration Building Project, 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 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 which may in any way be caused by or result from the intentional or negligent acts of 2 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: P VP« — Pray ►,- (Seal of Contractor (Specify Title) if a Corporation.) By: a- (Specify Title) CITY OF OSHKOSH /� ! r . By: A- r � A Mark A.R -- ohloff, City Manager Witness) ��, Int_� Addli And: � _ u 1(1 (WI • -Is) Pamela R. Ubrig, ity Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue .6.1ar A a tt under this contract. City AIM. ey 4.40' ity Cake 4 2011-2 Condenser Replacement—Oshkosh Safety Building 9-9-11 SECTION—BID FORM PART1 —GENERAL 1.1 BID DUE: 11:00 A.M., Wednesday, September 28, 2011 1.2 AT: City Clerks Office, Room 104 City Hall 215 Church Avenue. Oshkosh,Wisconsin 54903-1130 Phone(920) 236-5100 1.3 PROJECT Safety Building -- Condenser Replacement 420 Jackson Street Oshkosh, WI 54903 1.4 BID PROPOSAL: A. We . F— 4-72-0(-0 - Of. /33 7 S B£ 4c t lAy e-J/ £43o4- Strxt City State Zip code Telephone: Qc) ¢3c— 7 Fax Number: 97-in 43 5 S37? Submit our proposal for performing the Work for the above Project. 1. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating to this project,the undersigned proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. 2. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization,that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. 3. All Bids exclude Wisconsin Sales. 4. MANDATORY Site Visit must be attended by representative from the firm. September 14, 2011 at 10:00 a.m. in Room 404. INSTRUCTION TO BIDDERS 02000-2 2011-2 Condenser Replacement—Oshkosh Safety Building 9-9-11 Bid Form 1.5 BASE BID For Substantial Completion on or before Thursday, January 26, 2012 For The Sum Of: .-rao 'i�le�r ..�c) 1 o d.�D/2 (Dollars) $ 52, 2csc, °° 1.6 ALTERNATE BIDS Alternate Bid No. 1: State the amount to be ( dded t or(Deducted from)the Base Bid to remove existing refrigerant piping and rep ace with new refrigerant piping for 407c Sytem. For The Sum Of: /2.UV d)- ,1Ok= (Dollars ) $ . 2oe), Alternate Bid No 2: State the amount to be(Added o) r(Deducted from)the Base Bid to replace existing condenser with a new R-41 Oa Condenser, replace existing ASU-I Cooling Coil with new R-410a Cooling Coil, replace all associated refrigerant piping between ASU-1 to outdoor condenser and reinsulate all the refrigerant piping. For The um Of: / C' "5. / c-s ,tiD (Dollars) $ 2/, c'c'. 1.7 PROPOSED SUBCONRACTOR LIST ELECTRICAL: HVAC: INSULATOR: Z-14- l,/G�J 4-A.-7'c3ftJ OTHER: NUMBER OF CONDENSER JOBS YOUR COMPANY HAS DONE TO DATE: APittoNe �oc3 INSTRUCTION TO BIDDERS 02000-3 201 1-2 Condenser Replacement—Oshkosh Safety Building 9-9-1 1 1.8 ADDENDUM ACKNOWLEDGEMENT We herby acknowledge receipt of and have thoroughly examined the written addenda(s) issued prior to the Bid Date in association with this Project. These Addenda are numbered ' through , inclusive. We further understand that failure to fully list the numbers of all published Addenda may cause the Owner to reject this bid. 1.9 Submittals will be reviewed for general compliance with design concept and contract documents only. Full compliance with contract documents, Code requirements, dimensions, fit finishes, and interface with the existing DDC Control System is the Prime contractor's responsibility. Within 7 days after award of contract, provide required submittals for approval to the HVAC Engineer. Contractor shall prompley respond to requests for additional information so that delivery and installation schedules are not delayed. 1.10 QUALITY ASSURANCE—REGULATORY REQUIREMENTS A. All work shall comply with the applicable code requirements in effect: Including by not limited to ASME, Division of Safety& Buildings Adminstrative Codes and other applicable Building or local codes in effect as of the contract date. B. The Contractor shall be fully responsible for obtaining all required approvals, permits licenses, inspections and certificates for this installation. The Contractor shall pay all permit fees, inspection fees, certificate fees, and licensing fees. 1.11 INSURANCE AND CONTRACTOR/BIDDER QUALIFICATION FORM All bidders should review and be familiar with the Attached City of Oshkosh insurance requirements. Bidders are required to provide a copy of a certificate of insurance when Submitting Bid. In addition all bidders should complete and sumit the attached contractor/bidder qualification form when sumitting bid. 1.12 SAFETY AND HAZARDOUS MATERIALS A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety programs and precutions and shall comply with applicable safety laws, good industry standards or practices, and take all reasonable precautions for the safety of their workers, City property, the Public, or City of Oshksoh employees, guest, or vendors. B. The City of Oshkosh retains the authority to approve all chemicals and lubricants prior to Contractor bringing them on site. The Contractor shall furnish a Material Safety Data Sheet and proper labeling for each hazardous chemical to be brought into the premises in compliance with OSHA Hazard Communication Standards, and track usage for EPA reporting purposes. 1.13 WARRANTY The installed equipment shall be warranted by the manufacturer for 1 year on the workings of the unit. In addition, there shall be a 5 years limited mechanical parts warranty on the Cooling Tower's mechanical components. The contractor shall warrant the installation work for 1 year from defects in workmanship. INSTRUCTION TO BIDDERS 02000-4 2011-2 Condenser Replacement—Oshkosh Safety Building 9-9-11 The warranty date shall start on the date of the final acceptance of the system by the City of Oshkosh. 1.14 MAINTENANCE None on this Bid. 1.15 PREVAILING WAGE Wage Rates Not Required On This Job. 1.16 SCHEDULE A. Work shall be pursued during regular working hours until complete. This work must be specifically authorized by Jon Urben or other authorized representative of the City of Oshkosh. B. All work schedules shall be submitted and coordinated in advance to the designated City of Oshksoh representative and Consultant. 1.17 INSTALLATION A. Contractor shall patch and close up any holes and openings created in the replacement of the New Condenser to the satisfaction of the City of Oshkosh. 1.18 PRODUCT DELIVERY, SITE ORGANIZATION AND CLEANUP A. Contractor shall keep work areas orderly and free from debris during the course of instalition and clean up on a daily basis. If areas are not kept clean, the City of Oshkosh may demand immediate cleanup or clean those areas and deduct cost from contract. B. Contractor shall regularly remove trash, materials, cartons, etc. generated by their work from the premises. C. Clean outside surface of New Condenser and adjacent areas of grease, dirt and other construction debris at the time of Substantial Completion. 1.19 TIME OF COMPLETION We, the undersigned, acknowledge a Substantial Completion date of January 26, 2012 as indicated above for Base Bid as set forth in the Contract Documents providing the Owner issues a Notice to proceed within Five(5) Calendar days from Bid Date. Note due to the fast completion date, it is recommended the selected contractor MUST make ordering the New Condenser a priority. (lead time is about 8 weeks from placing the order) INSTRUCTION TO BIDDERS 02000-5 2011-2 Condenser Replacement—Oshkosh Safety Building 9-9-11 1.20 SIGNATURES Name: Aeeke itYkKkoke Address; /337 64V Li/ g 364 - Legal Entity: V" (SGp ��,� 6.4D,L,PO4-47/04 (state weather a Corporation,Partnership,If Corporation,give state of incorporation and affix Corporate Seal) By: I �I Title: d C do OL,cy 77ifaa,u/w- Hereunto Duly Authorized Date: Corporate Seal End of Bid Form INSTRUCTION TO BIDDERS 02000-6 2011-1 Chiller Replacement—Oshkosh Administration Building 9-9-11 SECTION-BID FORM PART1 -GENERAL 1.1 BID DUE: 11:00 A.M., Wednesday, September 28, 2011 1.2 AT: City Clerks Office, Room 104 City Hall 215 Church Avenue. Oshkosh, Wisconsin 54903-1130 Phone(920) 236-5100 1.3 PROJECT City Hall-Chiller Replacement 215 Church Avenue Oshkosh, WI 54903-1130 1.4 BID PROPOSAL: A. We . - /"!A-!2c Of. l3-A-2 s- A,401u1A-Y BAY- LUC S4304- Street City State Zip Code Telephone: 9'20 43.c-6-3 77 Fax Number: 7 4'35- C 17 7 Submit our proposal for performing the Work for the above Project. 1. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules,regulations, laws, codes, ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. 2. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization,that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. 3. All Bids exclude Wisconsin Sales. 4. MANDATORY Site Visit must be attended by representative from the firm. September 14, 2011 at 10:00 a.m. in Room 404. INSTRUCTION TO BIDDERS 00070-2 2011-1 Chiller Replacement—Oshkosh Administration Building 9-9-11 Bid Form 1.5 BASE BID For Substantial Completion on or before Thursday, January 26, 2012 For The Sum Of: r. A�.�D` .�Q (Dollars) $ 3Ct9. .vD 1.6 ALTERNATE BIDS Alternate Bid No. 1: State the amount to be ( dded t )or(Deducted from) the Base Bid to replace existing 2-Way control valve with new valve with electronic location controls on top. For The Sum Of: 7 c)s,4yvv -r uo t c6.0 4 Z (Dollars) $ r 211: 4., Alternate Bid No. 2: State the amount to b educted om)the combined project Base Bid if both projects were awarded to your fi . For The Sum Of: 77,104.4-A A_AO (Dollars) $ /000. ea Alternate Bid No. 3: State the amount to be ( dded to a Base Bid for the insulation of the water supply and return piping from the new chiller to the cooling tower. For M• t um Of: ® 5 - _ i'-,J'Dollars) $ 4c. ``- 1.7 PROPOSED SUBCONRACTOR LIST ELECTRICAL: 2_ f - zcfic�lC HVAC: gt5.4 :13 INSULATOR: 21 G G 3c)c--,d.rY2 OTHER: NUMBER OF CHILLER JOBS YOUR COMPANY HAS DONE TO DATE: 44116),- INSTRUCTION TO BIDDERS 00070-3 2011-1 Chiller Replacement—Oshkosh Administration Building 9-9-11 1.8 ADDENDUM ACKNOWLEDGEMENT We herby acknowledge receipt of and have thoroughly examined the written addenda(s) issued prior to the Bid Date in association with this Project. These Addenda are numbered J. through , inclusive. We further understand that failure to fully list the numbers of all published Addenda may cause the Owner to reject this bid. 1.9 Submittals will be reviewed for general compliance with design concept and contract documents only. Full compliance with contract documents, Code requirements, dimensions, fit finishes, and interface with the existing DDC Control System is the Prime contractor's responsibility. Within 7 days after award of contract, provide required submittals for approval to the HVAC Engineer. Contractor shall prompley respond to requests for additional information so that delivery and installation schedules are not delayed. 1.10 QUALITY ASSURANCE—REGULATORY REQUIREMENTS A. All work shall comply with the applicable code requirements in effect: Including by not limited to ASME, Division of Safety& Buildings Adminstrative Codes and other applicable Building or local codes in effect as of the contract date. B. The Contractor shall be fully responsible for obtaining all required approvals, permits licenses, inspections and certificates for this installation. The Contractor shall pay all permit fees, inspection fees, certificate fees, and licensing fees. 1.11 INSURANCE AND CONTRACTOR/BIDDER QUALIFICATION FORM All bidders should review and be familiar with the Attached City of Oshkosh insurance requirements. Bidders are required to provide a copy of a certificate of insurance when Submitting Bid. In addition all bidders should complete and sumit the attached contractor/bidder qualification form when sumitting bid. 1.12 SAFETY AND HAZARDOUS MATERIALS A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety programs and precutions and shall comply with applicable safety laws, good industry standards or practices, and take all reasonable precautions for the safety of their workers, City property, the Public, or City of Oshksoh employees, guest, or vendors. B. The City of Oshkosh retains the authority to approve all chemicals and lubricants prior to Contractor bringing them on site. The Contractor shall furnish a Material Safety Data Sheet and proper labeling for each hazardous chemical to be brought into the premises in compliance with OSHA Hazard Communication Standards, and track usage for EPA reporting purposes. 1.13 WARRANTY The installed equipment shall be warranted by the manufacturer for 1 year on the workings of the unit. In addition, there shall be a 5 years limited mechanical parts warranty on the Cooling Tower's mechanical components. The contractor shall warrant the installation work for 1 year from defects in workmanship. INSTRUCTION TO BIDDERS 00070-4 •2011-1' Chiller Replacement—Oshkosh Administration Building 9-9-11 The warranty date shall start on the date of the final acceptance of the system by the City of Oshkosh. 1.14 MAINTENANCE None on this Bid. 1.15 PREVAILING WAGE Wage Rates Not Required On This Job. 1.16 SCHEDULE A. Work shall be pursued during regular working hours until complete. This work must be specifically authorized by Jon Urben or other authorized representative of the City of Oshkosh. B. All work schedules shall be submitted and coordinated in advance to the designated City of Oshksoh representative and Consultant. 1.17 INSTALLATION A. Contractor shall patch and close up any holes and openings created in the replacement of the New Chiller to the satisfaction of the City of Oshkosh. 1.18 PRODUCT DELIVERY, SITE ORGANIZATION AND CLEANUP A. Contractor shall keep work areas orderly and free from debris during the course of installtion and clean up on a daily basis. If areas are not kept clean, the City of Oshkosh may demand immediate cleanup or clean those areas and deduct cost from contract. B. Contractor shall regularly remove trash, materials, cartons, etc. generated by their work from the premises. C. Clean outside surface of New Chiller and adjacent areas of grease, dirt and other construction debris at the time of Substantial Completion. 1.19 TIME OF COMPLETION We, the undersigned, acknowledge a Substantial Completion date of January 26, 2012 as indicated above for Base Bid as set forth in the Contract Documents providing the Owner issues a Notice to proceed within Five (5) Calendar days from Bid Date. Note due to the fast completion date, it is recommended the selected contractor MUST make ordering the New Chiller a priority. (lead time is about 8 weeks from placing the order) INSTRUCTION TO BIDDERS 00070-5 • 2011-1 Chiller Replacement—Oshkosh Administration Building 9-9-11 1.20 SIGNATURES Name: i( A2 kJ) — 1flô °(d C o, tnr, Address; /3.7 S. 8 204,0LAJAy GU( x4304 Legal Entity: (LI&Co„t.)5411.J C-0 446i-A-77 t (state weather a Corporation,nPartnership,If Corporation,give state of incorporation and affix Corporate Seal) By: C. Title: '' C'!/ ,� i -,V t Hereunto Duly Authorized Date: 9 / M Corporate Seal End of Bid Form INSTRUCTION TO BIDDERS 00070-6 ` ! T �•y Interchange Corporate Center L�he 450 Plymouth Road,Suite 400 �`* k ]�►�u1-., M Plymouth Meeting,PA. 19462-1644 T 1 1 l E.i Ph.(610)832-8240 BID BOND Bond Number. n/a KNOW ALL MEN BY THESE PRESENTS,that we Reeke-Marold Co., Inc. 1337 South Broadway , as principal(the"Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety"),are held and firmly bound unto City of Oshkosh 215 Church Ave,Oshkosh,WI , as obligee(the"Obligee"), in the penal sum of Five percent(5%)of the bid Dollars($5%of bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for:replacement of chiller unit-City of Oshkosh safety building and condenser unit at City of Oshkosh city hall NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified,within sixty(60)days after opening,and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void;otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1)year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this 28th day of September , 2011 . WITNESS/ATTEST Reeke-Marold Co., Inc. (Principal) (-1/11(A--/(/(By: .�4��// 1� (Seal) ; Name:$(0114" VY`^✓UjnJ Title:V/C2 Qf 4 sicL,ii 1.— LIBERTY MUTUAL INSURANCE COMPANY Surety) -� n By: Attorney-in-Fact Suzanne Marie Mattson Attorney in fact LMIC-5000 Rev.03/04 2721318 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint PATRICIA A. STEINKE,DEBRA M. CARSTENS, SUZANNE. MARIE MATTSON, CHRISTINE A. JUNION-SUTTNER, ALL OF THE CITY OF GREEN BAY,STATE OF WISCONSIN........... ...... ...... ..... ............................................ ,each individually if there.be more than one named its true and lawful'attorney-in-fact to make execute,seal,acknowledge and deliver,for and on its_ behalf as surety and as its act and deed,an arid all undertakings,bonds,recognizances and other:surety oblgations in the penal sum not exceeding FIVE MILLION AND 00/100**""**-!*********** DOLLARS($ 5,000,000.00***** )each,and the execution of such undertakings; bonds, recognizances and other surety.obligattons, in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authonzation- ARTICLE Xiil-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing,by the chairman or the president, and subject to such limitations as the >* chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to actin behalf of the Company to make, r execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'a attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their H p signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C Q. as binding as if signed by the president and attested by the secretary. •- fl d By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: A S Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W.Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby c i authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and C ✓ 7 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. (6 0" e co V I- O O That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. C W 6. j IN WiTNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seat of G a .ea Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 23rd day of December c d M m 2009 C 4 C ` LIBERTY MUTUAL INSURANCE COMPANY d C °: y g'" s. Byt9�+-�- u�/_ `►` a p G a ',: .„<" Garnet W.Elliott,Assistant Secretary y o d w COMMONWEALTH OF PENNSYLVANIA 5s C)0 COUNTY OF MONTGOMERY p cp O 9 . C*� On this 23rd day of December. , 2009 , before me,a Notary Public,personally came Garnet W. Elliott,to me known, and acknowledged .5 that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above 2 c Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH. ' :+' unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year .2 N et▪ v first above,written. 4 oCitity - c l0 G tt` 7(' ( COMMONWEALTHO RFNNSYLI/A'11A A qq > l" CJ 7� estega,Noai /q:. . 5 y Teresa)P ula,N[kpiy Pup[c O 3 Oi Plt, .. i By p�p . E c.. ' t 'Osmr.Sifis;69 ExWrest,Y&rch 28,2013 •Ter Sa Pasteila,Notary Public G1 O—. CERTIFICATE 4 t fur agrxkty%ro i"a,s �o w Nativity. p cG 'CRY P .:. I,the undersigned,Assistan ecretary of Liberty Mutual Insurance Company;do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy; is in full force and effect on the date of this certificate,and t_do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be 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 seal of the said company,this day of A 4 ,,x.',s's.,:,,''',"'.'.'',_,''', .',, Day' M...,C,, Ass t Secretary ',,, Notarial Acknowledgement—Attorney in Fact STATE OF Wisconsin S.S. County of Brown On this 28th of September,2011 before me Wanda Eitland a Notary Public in and for said Brown, Wisconsin County, State aforesaid,residing therein, duly commissioned and sworn,personally appeared Suzanne Marie Mattson know to me to be the person whose name is subscribed to the within instrument as the attorney in fact of Liberty Mutual Insurance Company and acknowledged to me that he subscribed the name of Liberty Mutual Insurance Company thereto as surety, and his own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in said county of Brown the day and year in this certificate first above written. Notary Public in and for the county of B own State of Wisconsin A Col Ceat__., 'y�/ L ! .-v` • My commission expires ! av t3 SC0011 01-92 OP ID:TS '`,(�f Cr CERTIFICATE OF LIABILITY INSURANCE DAT 09/28D/YYYY) 09/28H 1 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 920-437-0587 CONTACT Ansay&Associates-Green Bay 920-437-4179 PHONE FAX No): 419 S Washington St E-MAIL( .N .EMI: PO Box 22368 ADDRESS: Green Bay,WI 54305-2368 PRODUCER REEKE-1 Rob P Hostetler CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC 0 INSURED Reeke-Marold Co Inc INSURER A:CNA Insurance 1337 South Broadway INSURER B: Green Bay,WI 54304-3505 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE INSR SUER POLICY NUMBER (MM/D ID/YYYY) (MM DCD/YYYY) LIMITS LTR INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 2076744744 04/01/11 04/01/12 DAMMISES(AGE TO PREEa RENTED occurrence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 -1 POLICY X JECOT- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 2076744789 04/01/11 04/01/12 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ X UMBRELLA UJAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $ 5,000,000 A C2076744761 04/01/11 04/01/12 DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION X W TMT W- AND EMPLOYERS'LIABILTf Ng N A ANY PROPRIETOR/PARTNER/EXECUTIVE N/A 4027139317 04/01/11 04/01/12 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 X Professional Liab CBP 288237622 04/01/11 04/01/12 Prof.Lia 1,000,000 X Leased&Rented 2076744744 04/01/11 04/01/12 Rent Equi 80,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,K more space Is required) The City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are included as additional insureds on a direct and noncontributory basis with respects to general liability coverage by endorsement G140331C 10/10 when required in written contract. CERTIFICATE HOLDER CANCELLATION CIOSOS2 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 AUTHORIZED REPRESENTATIVE PO Box 1130 Rob P Hostetler 215 Church Avenue '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 Best's Credit Rating Center - Company Information for CNA Insurance Companies Page 1 of 1 Ratings & Analysis Center Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa Home I About Us)Contact Us I Sitemap CNA Insurance Companies 01 Print this pace i ` Member Center Ratings&Analysis* For ratings and product access a Home (a member of CNA Insurance Companies) - ---- --- i _..Login I Sign-up a Best's Credit Ratings+ A.M.Beat it 018313 I Assigned to i •Financial Strength Ratings Parent Stock Ticker New York Stock Exchange NYSE L I P a Issuer Credit Ratings that have,in -- °" I Find a Best's Credit Ratin g 9 Address Chicago,S o,IL 60604 Avenue,Floor n i our opinion, a Advanced Ss UNcegD,STATES C__.. Name 1 »Advanced Search UNITED STATES an excellent ability to meet their I Enter a Conpany Name �� a About Best's Credit Ratings+ I ongoing insurance obligations. »Advanced Search a Get a Credit Rating+ - a Best's Special Reports Phone:312-822-5000 a Add Best's Credt Ratings Search Fax:312-822-6419 -Get ... To Your Site Web:www.cna.com G ".Rated ByA M Best BestMark for Secure-Rated Best's Ratings Insurers »Contact an Analyst Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions »Awards and Recognitions View Rating Definitions Rating:A(Excellent) Long-Term:a News 8 Analysis Select one... Financial Size Category:XV($2 Billion or Outlook:Stable Products 8 Services greater) Action:Affirmed Industry Information • Outlook-Stable Date-March 02,2011 Corporate a Action:Affirmed Support 8 Resources a Effective Date:March 02,2011 Conferences and Events a •Denotes Under Review Best's Ratings Office: A.M.Best Company Senior Financial Analyst: Brian O'Larte Assistant Vice President: Michelle Baurkot,ARe,ARM 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:06/27/2011 (represents the latest significant change). Histoncal Reports are available in AMB Credit Report-Insurance Professional Archive. 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Data Status:Contains data compiled as of 9/29/2011(Quality Cross Checked). ggli Best's Ken Rating Guide Presentation Report-includes Best's Financial Strength Illirei'Rating and financial data as provided in Best's Key Rating Guide products. Data Status:2010 Financial Data(Quality Cross Checked). Financial and Analytical Products Best's Key Retina 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 P(Loss Reserves)-P/C.US Best's Insurance Reports-Online-P/C,US&Canada Customer Service I Product Support I Member Center Contact Info I Careers About A.M.Best I Site Map I Privacy Policy I Security I Terns of Use I Legal&Licensing Copyright©2011 A.M.Best Company,Inc.ALL RIGHTS RESERVED. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,U.S.A. http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=18313&AltSrc=1&Alt... 9/29/2011 Best's Credit Rating Center - Company Information for Liberty Mutual Insurance Company Page 1 of 2 Ratings & Analysis Center Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa Home I About Us I Contact Us I Sitemap Liberty Mutual Insurance Company IR Print this paae rot t, ember Center Ratings&Analysis v For ratings and produd access a Home (a member of Liberty Mutual hsurance Companies) wew Login!S_ign-up Bests Credit Ratings securities for related issuers) I Assigned to rhrwrei t.ozzo Finandal Strength Ratings A.M.Best#:002283 NAIC#:23043 FEIN#:04154347 companies a Issuer Credit Ratings that have,in A • Find a Best's Credit Rating a Debt Ratings our opinion, 1 a Advanced Search Address:175 BerkeleyStreet an excellent abilty to meet their Enter a Company Name »About Bests Credit Ratings+ Boston,MA 02117 I ongoing insurance obligations. *Advanced Seach »Get a Credit Rating+ UNITED STATES a Bests Special Reports a Add Bests Credit Ratings Seach Phone:617-357-9500 To Your Site Fax:617-574-5955 'et By AM,Bel a BestMark for Secure-Rated VVeb:www.LibertyMutualGrouo.com Insurers a Contact an Analyst Best's Ratings a Awards and Recognitions View Rating Definitions News&Analysis Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Select one.. Products&Services Rating:A(Excellent) Long-Term:a Industry Information a Affiliation Code:p(Pooled) Outlook:Stable Corporate a Financial Size Category:XV($2 Billion or Action:Affirmed greater) Date:June 16,2011 Support&Resources• Outlook:Stable Conferences and Events ar Action:Affirmed Effective Date:June 16,2011 •Denotes Under Review Best's Ratings Security Ratings Under Date Issued Amount Coupon Security Rating Reviews Implication 10/09/1997 435,000,000(JSD) 7.697% Surplus Notes bbb+ No 10/16/1996 227,000,000 VSD) 7.875% Surplus Notes bbb+ No 05/11/1995 140,000,000(JSD) 8.5% Surplus Notes bbb+ No (i)denotes indicative ratings Office: A.M.Best Company Senior Financial Analyst: W.Dolson Smith,Ph.D.,CFA Assistant Vice President: Michael J.Lagomarsino,CFA 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:06/29/2011 (represents the late8 significant change) Historical Reports are 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 9/29/2011(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 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 9/29/2011(Dually Cross Checked). Best's Key Rating Guide Presentation Report-includes Best's Financial Strength 11171>Rating and financial data as provided in Best's Key Rating Guide products. Data Status:2010 Financial Data(Quality Cross Checked). Financial and Analytical Products Best's Key Rating Guide-P/C,US 8 Canada Best's Statement File-P/C,US http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=2283&A1tSrc=1&Alt..: 9/29/2011