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HomeMy WebLinkAboutMunson, Inc CJLd( AGREEMENT THIS AGREEMENT, made on the 26th day of September, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Munson, Inc., 6747 N Sidney Place, Glendale, WI 53209, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named, enter into the following Agreement. The CITY'S Bid Specifications and insurance requirements are incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of 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: (Rob Fetherston, Munson, 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: (Ray Maurer, Parks Director) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated August 29, 2012, referred to as the "Project Manual for the 2012 Tennis Court and Park Rehabilitation Stevens Park, City of Oshkosh, Wisconsin, Project #12-003" as prepared by FKT&SS, LLC, Addendum #1 dated September 10, 2012, Addendum #2 dated September 11, 2012 and the Contractor's bid form dated September 14,2012. The Contractor's bid form is attached hereto as Exhibit A. If anything in the Contractor's 1 proposal conflicts with the CITY'S Bid Specifications or with this agreement,the CITY'S Bid Specifications and the provisions in this agreement shall govern. 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 by December 31 , 2012 unless both parties agree in writing to an extension. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $53,174, 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 to 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 VII. 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 VIII. 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 is identified in the CITY'S Bid Specifications dated August 28, 2012, referred to as the "Project Manual for the 2012 Tennis Court and Park Rehabilitation Stevens Park, City of Oshkosh, Wisconsin, Project#12-003" as prepared by FKT&SS, LLC. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. 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. In the Presence of: CONTRACTOR /CONSULTANT Ai- filken-1 By: - ;407 �ab Ferb rrNa3" Al)24 (Seal of Contractor (Specify Title) if a Corporation.) 3 Byq i dd/e'l IC.ab t-i. 0"-- Vu ,cr- eet)A (Specify Title) CITY OF OSHKOSH r A�/ / � By: ,,y � 4-t7//1, \_.. �� ��(�� ( Mark A. Rohloff, City Manager, (Witness) ( `1 IL=<' And: .. 1L. AO e itness) Pamela R. Ubrig, City Clerk V ` - ,'a APPROVED: I hereby certify that the necess- ary provisions have been made to r pay the liability which will accrue /L� 1/L' under this contract. 7.---)YotA io,�' " City Aft- r ey c_yerv„, City Compt Iler 4 SEPTEMBER 25, 2012 12-446 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN PURPOSE: AWARD BID FOR STEVENS PARK REHABILITATION PROJECTS FOR PARKS DEPARTMENT TO MUNSON, INC., FORTRESS FENCE, &VALLEY SEALCOATING, INC. (Total Aggregate amount of $78,502.00) INITIATED BY: PURCHASING WHEREAS, the City of Oshkosh has heretofore advertised for bids for Stevens Park Rehabilitation Projects for the Parks Department; and WHEREAS, upon the opening and tabulation of bids, it appears that the following are the most advantageous bids: Paving: MUNSON, INC. 6747 N. Sidney Place Glendale, WI 53209 Total Bid: $53,174.00 Fence: FORTRESS FENCE 1225 Lakeview Drive Green Bay, WI 54313 Total Bid: $17,270.00 Color Coating —Tennis Court +Alt#1: VALLEY SEALCOAT, INC. W6265 Contractor Drive Appleton, WI 54914 Total Bid: $8,058.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: CITY HALL 215 Church Avenue P.D.Box 1130 Oshkosh,5 49Wisc03onsin City of Oshkosh OfHKOIH TO: Honorable Mayor and Members of the Common Council FROM: Jon Urben,General Services Manager DATE: September 17,2012 RE: Bid Award-Stevens Park Rehabilitation Projects BACKGROUND The Council approved and allocated $250,000 in the 2012 CIP for the Great Neighborhoods Public Improvement projects including $70,000 for Tennis Court reconstruction and $30,000 for site improvements. Projects to be completed as part of this project include include tennis court reconstruction; asphalt path resurfacing and ADA access to park facilities; tennis court fencing and athletic field backstop;and color coating tennis and basketball courts. ANALYSIS Working in conjunction with the Parks Department,Purchasing reviewed and prepared proposals seeking vendors for the site improvements. The bids were advertised in the local paper, sent to qualified contractors and posted online on Novus Vendor. Bids were received on September 14, 2012: The bid tab is attached. Parks Department and Purchasing staff reviewed the bids and concluded the low bids for the paving(Munson,Inc); fencing(Fortress Fence); and color coating (Valley Sealcoating Inc.)met the minimum bid specifications. FISCAL IMPACT This portion of the project will have a fiscal impact of$78,502. These items were budgeted in the 2012 CIP Great Neighborhoods Public Improvements at$100,000. Funding would be charged to CIP A/N#: 323-0740-7216-06134. RECOMMENDATION Purchasing recommends the Common Council award the paving to Munson,Inc for$53,174,the fencing to Fortress Fence for$17,270 and the color coating to Valley Sealcoating Inc. for$8,058. Respectfully Submitted, Approved: „IL Jon Urben,General Services Manager Mark Rohloff,City Manager CJ BID TAB STEVENS PARK TENNIS COURT&PARK REHABILITATION BIDS OPENED SEPTEMBER 14,2012 — BID VENDORS NAME/ADDRESS PAVING FENCE COLOR COATING /Tennis Court Alt#1 Fortress Fence $17,270.00 V 1225 Lakeview Drive Green Bay WI 54313 Frank Armstrong Enterprises Inc 55,962.00 $5,680.00 8535 W Kaul Ave Milwaukee WI 53225 / Munson Inc ✓ $8,455.00 $6,262.00 6747 N Sidney Place $53,174.00 Glendale WI 53209 Valley Sealcoat Inc $4,883.00 ✓ $3,175.00 7.7%/O,°s g W6265 Contractor Drive Appleton WI 54914 Northway Fence Inc $21,757.61 N57W13250 Shenandoah Drive Menomonee Falls Wig 53051 Security Fence&Supply Co Inc $17,618.00 N1357 Municipal Drive PO Box 320 Greenville Wig 54942-0320 Rammer Fence Inc $22,500.00 1955 Stillman Drive Oshkosh WI 54901 I DOCUMENT 005000 -A PAVING BID FORM SUBMITTED BY: Company: MUNSON, INC. Address: 6747 N. SIDNEY PLACE Estimator ROB FETHERSTON r: Phone Number: (414) 351-0800 SUBMITTED TO: City of Oshkosh do City Clerk's Office ' City Hall 215 Church Avenue Oshkosh,WI 54901-1130 • FOR: 2012 Tennis Court,& Park Rehabilitation Stevens Park Oshkosh,WI PROJECT NO.: 12-003 OWNER: City of Oshkosh—Parks Department 215 Church Avenue Oshkosh,WI 54901 The undersigned, being familiar with the local conditions affecting the cost of the work and with the Contract Documents, including the Advertisement for Bids, Instructions to Bidders, General and Supplementary Conditions, Divisions 01, 31 and 32: and Plans on file in the City Clerk's Office, in accordance with the provisions thereof, hereby proposes to furnish all labor, materials, and equipment necessary for: Acknowledgement of Addenda: Addendum# 1 Date Received: 09/11/2012 Addendum# 2 Date Received: 09/12/2012 BASE BID: Bid Package#1 Pulverize existing tennis court, laser grade, fine grade paths and pave both with 3" of asphalt for the sum of: FIFTY THREE THOUSAND ONE HUNDRED SEVENTY FOUR $ 53,1 74.00 005000-1 I I 1- Unit Price One: Provide a unit price for the excavation and replacement of any soft areas. Price includes removal of soft soils, placement and compaction of new base in 6" lifts. $52.00 per cubic yard In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids and it is agreed that this bid may not be withdrawn for a period of 60 days after the date of the bid opening. The Owner reserves the right to accept any or all Bid Items regardless of the order listed. It is the Owner's intent to award the contract to one contractor. All Addenda shall become part of the bid and the work, and shall be acknowledged above in the spaces provided. A bid shall be rejected if it contains any alteration or erasure unless the alteration or erasure is corrected as herein provided. An alteration or erasure may be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and initialed in ink by the person signing the bid. The person signing the bid shall also file a certificate with the bid explaining the correction of the alteration or erasure. Each bid must be accompanied by bid security as described in the Instructions to Bidders. If a Corporation, what is the State of Incorporation: WISCONSIN If a Partnership, state full name of all co-partners: OFFICIAL ADDRESS FIRM NAME MUNSON, INC. MUNSON, INC. 6747 N. SIDNEY PLACE By ROB FETHERSTON GLENDALE, WI 53209 Title VICE PRESIDENT By Title 005000-2 DOCUMENT 005000-C COLOR COATING BID FORM SUBMITTED BY: Company: MUNSON, INC. • Address: 6747 N. SIDNEY PLACE Estimator: ROB FETHERSTON Phone Number: (414) 351-0800 SUBMITTED TO: City of Oshkosh do City Clerk's Office City Hall 215 Church Avenue Oshkosh,WI 54901-1130 FOR: 2012 Tennis Court& Park Rehabilitation Stevens Park Oshkosh, WI PROJECT NO.: 12 -003 OWNER: City of Oshkosh—Parks Department [ 215 Church Avenue Oshkosh,WI 54901 The undersigned, being familiar with the local conditions affecting the cost of the work and with the Contract Documents, including the Advertisement for Bids, Instructions to Bidders, General and Supplementary Conditions, Divisions 01, 31 and 32: and Plans on file in the City Clerk's Office, in accordance with the provisions thereof, hereby proposes to furnish all labor, materials, and equipment necessary for Acknowledgement of Addenda: Addendum # 1 Date Received: 09/11/2012 Addendum# 2 Date Received: 09/12/2012 BASE BID: Bid Package#1 Color coating and striping of one tennis court for the sum of EIGHT THOUSAND FOUR HUNDRED FIFTY FIVE ` $8,455.00 005000-1 Alternate#1 Color coat and stripe existing asphalt basketball court for the sum of: SIX THOUSAND SIX HUNDRED SIXTY TWO $ 6,262.00 In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids and it is agreed that this bid may not be withdrawn for a period of 60 days after the date of the bid opening. The Owner reserves the right to accept any or all Bid Items regardless of the order listed. It is the Owner's intent to award the contract to one contractor. All Addenda shall become part of the bid and the work, and shall be acknowledged above in the spaces provided. A bid shall be rejected if it contains any alteration or erasure unless the alteration or erasure is corrected as herein provided. An alteration or erasure may be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and initialed in ink by the person signing the bid. The person signing the bid shall also file a certificate with the bid explaining the correction of the alteration or erasure. Each bid must be accompanied by bid security as described in the'Instructions to Bidders. if a Corporation, what is the State of Incorporation: WISCONSIN If a Partnership, state full name of all co-partners: OFFICIAL ADDRESS FIRM NAME MUNSON, INC. MUNSON, INC. 6747 N. SIDNEY PLACE By ROB FETHERSTON L3z GLENDALE, WI 53209 Title VICE PRESIDENT By Title 005000-2 A CERTIFICATE OF LIABILITY INSURANCE °ATE'MM, DNYYY) 9/20/2012 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 pollcy(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 NAME: HNI Risk Services PHONE FAX PO Box 510187 �A/MAIL Xc,No,Ext): 262-782-3940 (A/C,No): 262-782-4198 ADDRESS: cerlS(C7ihnl.COm INSURER(S)AFFORDING COVERAGE NAIC# New Berlin WI 53151 INSURER A: The Cincinnati Insurance Company INSURED Munson, Inc. INSURER B: Amerisure Insurance Company INSURER C: 6747 N. Sidney Place INSURERD: INSURER E: Glendale WI 53209 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 ADDLSUM POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POUCY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY Y Y CPP3656470 04/01/12 04/01/13 pREMISES(Eatoccurrence) $ 500000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10000 x Employee Benefits PERSONAL B ADV INJURY x 1,000,000 x GA233 GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2.000.000 7 POLICY n 3E8, LOC $ AUTOMOBILELIABILITY (Ea IIINent)INCiLELIMII $ 1,000.000 A Y CPA 3656470 04/01/12 04/01/13 BODILY INJURY(Per person) s X ANY AUTO _ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE NON-OWNED _Ter accident) HIRED AUTOS AUTOS X S1,000 Dad Comp X $1,000 Dad Collision $ A x UMBRELLA LIAR X OCCUR Y CPP3656470 04/01/12 04/01/13 EACH OCCURRENCE �s 8,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 8,000,000 DED X RETENTION$ 0 _ $ WORKERS COMPENSATION X TORY LIMITS EIR B AND EMPLOYERS'LIABILITY ,.I N WC 2068480 04/01/12 04/01/13 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500.000 OFFICE/MEMBER EXCLUDED? I N I N/A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $500,000 r]FSr`RIPTIrIN(IF(WFRATIrINB helm. DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are included as additional insureds on general liability and auto liability with respect to liability work performed by the named insured on a primary&non-contributory basis. The Umbrella is following form on the GL per the attached GA233,equivalent of CG2037. CERTIFICATE HOLDER CANCELLATION City f Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Parks Department ACCORDANCE WITH THE POUCY PROVISIONS. 215 Church Avenue PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 6Z-741: (. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD HOLDER NAME: City of Oshkosh PAGE 2 INSURED'S NAME: Munson, Inc. DATE:9/20/2012 Project:2012 Tennis Court and Park Rehabilitation,Oshkosh,WI#12-003 CPP3656485 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disclose Hazards 7 3. Damage to Premises Rented to You 8 4. Supplementary Payments 9 5. Medical Payments 9 6. Voluntary Property Damage (Coverage a.)and Care,Custody or Control Liability Coverage (Coverage b.) 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations 10 8. Waiver of Subrogation 10 9. Automatic Additional Insured-Specified Relationships: 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits;and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property 14 11. Property Damage to Borrowed Equipment 14 12. Employees as Insureds-Specified Health Care Services: 14 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage(Coverage a.)and Care,Custody or Control Liability Coverage (Coverage b.) Limits of Insurance(Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- plicable limit of insur- 1. Employee Benefit Liability Coverage ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act, er- (b) This insurance applies to ror or omission of the in- damages only if the act, er- sured, or of any other per- ror or omission, is negli- son for whose acts the in- gently committed in the sured is legally liable, to administration" of your which this insurance ap- "employee benefit pro- plies. We will have the right gram";and and duty to defend the in- gram";and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period;or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our a) You did not have discretion, investigate any knowledge of a report of an act, error or know knowledge"suit" on omission and settle any claim before the on claim or "suit" that may re- f or before date of this suit. But: endorsement. 1) The amount we will pay will be for damages is limited You You as described in SEC- knowledge a deemed have ledge ed to h h TION III - LIMITS OF claim or "suit" INSURANCE;and when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles;or act, error or 3) Advice given to any omission to us person with respect to insurer;any other that person's decision nsurer; to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion;and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers'compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply or any similar law. to: (g) ERISA (a) Bodily Injury, Property Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of liability imposed on a fiduci- "Bodily injury", "property ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or other collectible insurance. tract Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) under the Internal Revenue d) Insufficiency of Funds Code or any similar state or Damages arising out of an local law. insufficiency of funds to (j) Employment-Related meet any obligations under Practices any plan included in the "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, evaluation, reassign- 1) Failure of any invest- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions;or Your trustees are also in- sureds,Consequential liability sureds, but only with re- (4) q ty spect to their duties as as a result of(1), (2) or trustees. (3)above. This exclusion applies (2) Each of the following is also an PP insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authori- (3) Supplementary Payments zation to administer your SECTION I - COVERAGES, "employee benefit program" SUPPLEMENTARY PAY- if you die, only until your MENTS- COVERAGES A AND legal al representative ntaative is ap- B also apply to this Coverage. pointed. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the (3) Any organization you newly ac- quire as: quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint yen- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business. ganization. Your managers are in- c. Limits of Insurance sureds, but only with re- spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- "executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damages ( ) 9 sustained by any one "em- making claims or bringing ployee", including such "suits"; "employee's" dependents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement defend the insured is the most we will pay for all against any "suits" damages because of acts, er- seeking those dam- rors or omissions egligently ages;and committed in the "administra- tion" g of your "employee benefit 2) Your duties, and the program". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B.Limits omission,or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or "suit" and, upon notification of the action (a) An act,error or omission;or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts,errors or omissions, committed in the As respects Employee Benefit Li- negligently, , ability Coverage, SECTION IV - administration of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit a. You must see to it that we are noti- (a) Our obligation to pay dam- fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 5 of 15 b. If a claim is made or"suit" is brought b. Method of Sharing against any insured,you must: If all of the other insur- (1) Immediately record the specifics ance ermits contribu- of the claim or "suit" and the tion by equal shares, date received;and we will follow this (2) Notify us as soon as practicable. method also. Under this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit" as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers. upon C. No Coverage (4) Assist us, pon our request, in the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added: If other valid and collectible 1. "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs"; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams";or other insurance by the d. Effecting, continuing or below, described in b. terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' corn- in the "employee bene- pensation and disability fit program". benefits;and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams;de- leave of ab- s. Handling payroll sence programs, in- ductions;or cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- maintain adequate limits of tance and a th club tation coverage of insurance, subsi and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' corn- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- ceeding means ceeding in which money 2. "Cafeteria P damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit"includes: tain benefits with pre-tax dollars. a. An arbitration pro- ceeding in which such 3. "Employee benefit pro- damages are claimed grams" means a program and to which the in- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan"or otherwise: b. Any other alternative dispute resolution pro- a. Group life insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- tal, vision and hearing sured submits with our plans; and flexible consent;or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave those "employees"who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- cludes a "leased worker". bility requirements; "Employee" does not in- b, Profit sharing plans, clude a"temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV- COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no "em- Cations is hereby amended by the addi- other than an em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- ance, failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, shrinking or ex- a. The last Subparagraph of Paragraph pansion; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or secretions, by in- Exclusions c.through q.do not apply sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing: TION I -COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; water damage to premises that are 2) Water that backs u both rented to and occupied by you. ) up or overflows from a (1) As respects Water Damage Le- sewer,drain or sump; gal Liability, as provided in Paragraph 3.b.above: 3) Water under the ground surface press- The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not;or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract;or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- ing,Wear and tear; ing, unless: 1) You did your best to b) Rust, corrosion, maintain heat in the fungus, decay, building or structure;or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances;or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 8 of 15 caused by or resulting 5. Medical Payments from rain, snow, sleet or ice, whether driven The Medical Expense Limit of Any One by wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declare- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by pay e We will a for"property rt damage" to the following: P P p. y g property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the a is caused by the in- COVERAGE we will pay under (1) Damage y COVERAGE A. BODILY sured; or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "property damage" to With your consent, we will make premises while rented to these payments regardless of fault. you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION I - COVERAGES, COV- which this insurance ap- ERAGE A. BODILY INJURY AND plies. PROPERTY DAMAGE LIABILITY,2. (3) The amount we will pay is lim- Exclusions,j. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2. is replaced by the fol- its designated in Section B.Limits of lowing: Insurance, 6. Voluntary Property Up to the limit shown in Section B. Damage and Care, Custody or P Control Liability Coverage of this Limits of Insurance,4.a. Bail Bonds endorsement with respect to cover- of this endorsement for cost of bail age provided by this endorsement. bonds required because of accidents These limits are inclusive of and not or traffic law violations arising out of in addition to the limits being re- the use of any vehicle to which the placed. The Limits of Insurance Bodily Injury Liability Coverage ap- shown in Section B. Limits of Insur- plies. We do not have to furnish ance, 6. Voluntary Property Dam- these bonds. age and Care, Custody or Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- ment fix the most we will pay in any lowin g: one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist 1 Insureds; us in the investigation or defense of (1) the claim or "suit", including actual (2) Claims made or "suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- (3) Persons or organizations mak- dorsement per day because of time ing claims or bringing"suits". off from work. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 9 of 15 b. Deductible Clause 9. Automatic Additional Insured - Speci- (1) Our obligation to pay damages fied Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION II-WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person organization An erson or or anization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below(hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Coy- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount, agreement; or (2) Condition 2.Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of nor Suit, applies to each claim or insurance showing that per- suit irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured, provided: and; upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations Hod;and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence" or offense to this Subparagraph a. of Paragraph 4. is would which ply;ansurance d hereby deleted and replaced by the fol- lowing: (b) They are not specifically provision is af- named as an additional in- a. Insurance under this p sured under any other pro- forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; 8. Waiver of Subrogation (2) Only the following persons or g organizations are additional in- SECTION IV-COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or"your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence" giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. At our request,the insured will bring "suit" apply to: or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) Structural alterations, in the product new construction or made intentionally onally by the vendor;operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- pose of inspection, (b) Any person or organization demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s)or manufacturer, and organization(s)are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- takes to make in (c) Any person or organization the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- spect to "bodily injury" or ucts; "property damage" arising f) Demonstration, in- out of"your products" which stallation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises in connection with 1) The insurance afforded the sale of the the vendor does not product; apply to: a) "Bodily injury" or g) Products which, "property damage" after distribution or sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products;or jury", "property dam- age" or "personal and b) When liability in- advertising injury" aris- cluded within the ing out of operations products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- ability Any state political subdi- ability arising out of "your vision with or h whop you which work" performed for that Y additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit in connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree- this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, (3) Any insurance provided to an manholes, marquees, additional insured designated hoist away openings, sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures;or injury"or"property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators;or hazard , 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e)and (f)does not apply to elevators covered by "bodily injury", "property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured;or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design fur- issued a permit. nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 12 of 15 of the additional in- spects any other insurance sured;or policy issued to the addi- tional The rendering of, or tional insured, and such failure re rendering ring of,a other insurance policy shall professional render, any n- be excess and/or noncon- professional engineering o- tributing, whichever applies, surveying services, in- with this insurance. cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS,5. Other and specifications; Insurance, b. Excess and Insurance;or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an 3) "Your work"for which a additional insured by consolidated (wrap-up) attachment an en- consolidated dorsement to o another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f)above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of- addition to the limits of insurance f ice additional insured shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 13 of 15 tional insured is more re- 11. of this endorsement fix the strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. (a) Insureds; above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought;or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring or agreement, but only to "suits". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse- ages on your behalf applies ment is attached. If, how- only to the amount of dam- ever, the written contract or ages for each 'occurrence" agreement specifies the In- which are in excess of the surance Services Office Deductible amount stated in additional insured form Section B. Limits of Insur- number CG 20 10 but does ance, 11, of this endorse- not specify which edition, or ment. The limits of insur- specifies an edition that ance will not be reduced by does not exist, Paragraphs the application of such De- 9.a.(3)(a) and 9.a.(3)(b) of ductible amount. this endorsement shall not apply and Paragraph 9.b.of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- Ply. fense, Claim or Suit, ap- 10. Broadened Contractual Liability-Work plies to each claim or "suit" Within 50'of Railroad Property irrespective of the amount. It is hereby agreed that Paragraph f.(1)of (c) We may pay any part or all Definition 12. "Insured contract" (SEC- TION V-DEFINITIONS)is deleted, effect settlement of any claim or "suit" and, upon 11. Property Damage to Borrowed Equip- notification of the action ment taken, you shall promptly reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION I -COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs(3) and (4) of this exclu- 2.a.(1)(d) of SECTION II - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "em- ment loaned to you, provided they ployees" who provide professional health are not being used to perform opera- care services on your behalf as duly Ii- tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians;or dorsement, the following additional provisions apply: c. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" in the Declarations are replaced or offense to which this insurance applies by the limits designated in Sec- takes place. tion B. Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this endorsement. These limits are Paragraph a. of Condition 2. Duties in inclusive of and not in addition to the Event of Occurrence, Offense, the limits being replaced. The Claim or Suit (SECTION IV- COMMER- Limits of Insurance shown in CIAL GENERAL LIABILITY CONDI- Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- a. You must see to it that we are noti- nesses;and fied as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which injury or damage arising out of may result in a claim. To the extent the"occurrence"or offense. possible,notice should include: This requirement applies only when (1) How, when and where the "oc- the"occurrence" or offense is known currence"or offense took place; to an"authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 15 of 15 Best's Credit Rating Center- Company Information for Cincinnati Insurance Company Page 1 of 2 Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa Home I About Us)Contact Us I Sitemap Ea For ratings and product access)Login I Sign-uo ;„ Ratings&Criteria a! Cincinnati Insurance Company Print this oage (2) »Home »Methodology A.M.Best R:000258 NAIC 8:10677 FEIN 8:310542366 a Bests Credit Ratings+ Address:P.O,Box 145496 g__-Assigned »Financial Strength Rating Cincinnati,OH 45250-5496 coompanies �y a Issuer Credit Rating United States that have,in ' �•i��.4/, »Debt Rating :`"° € »Advanced Search Web:www.cinfin.com 'our opinion, About Bests Credit Ratings+ Phone:513-870-2000 a superior ability to meet their »Get a Credit Rating+ Fax:513-870-2066 ongoing insurance obligations. »Best's Special Reports a Add Bests Credit Ratings Search Based on A.M.Bests analysis,058704-Cincinnati Financial Corporation is the AMB To Your Site Ultimate Parent and identifies th- ••• •• • the corporate structure.View a list »BestMark for Secure-Rated of' r= n•in n _,,�u in this structure. Insurers €..Best's._.__._•it Ratings .._. aContact an Analyst �_...._.__._. _ .._.. ....._.............__...._....._...._........._._........-_.__._..........._..._........_...._.._.....__......_._._._..._.._....___._.___.._._._....._._ a Awards and Recognitions all of the companies assigned this rating as a part of 'gasps Credit Rating Analyst 'an •M: 'a'n• ni. News& v Analysis y ' Mandal,Strength_Rating_ViewDefinition r Office:A.M.Best Company Senior Financial Analyst:Gordon McLean Products&Services Rating: +(Superior) y • g' ( )" Managing Senior Financial Analyst:Jennifer Marshall, Industry Information w Mantle!Size Category: XV($2 Billion or greater) CPCU,ARM Corporate lir Outlook: Stable Regulatory Affairs x Action: Affirmed Support&Resources v Effective Date: December 23,2011 u Denotes Under Review Best's Ratrrq Conferences and Events■ _ .. , O;ea .tf .)t-M t r- it€,: :1" yuer Credit Ratin• VI w Defl Long- — Find a Bests Credit Rating Outlook: Stable lag Enter a Company Name Action: Downgraded »'Advanced Search Date: December 23,2011 Related Financial and Analytical Data f l• et ateu The following links provide access to related data records that A.M.Best utilizes to provide financial and analytical data on a _ tt• '� consolidated or branch basis. View Rating Definitions 004294 Cincinnati Insurance Companies Represents the A.M.Best Consolidated financials for the Property/Casualty ' €€ business of this legal entity. Select one... ?` 019571 Cincinnati Insurance Companies Represents the"as filed"Company Consolidated financials for the Property/ Casualty business of this legal entity. Reports and News Visit Best's News and Analysis site 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:9/12/2012(represents the latest significant change). Historical Reports are available in AMB Credit Report-Insurance Professional Archive. rail.„ 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:2012 Best's Statement File-P/C,US Contains data compiled as of 9/10/2012 Quality Cross Checked. • Single Company-five years of financial data specifically on this company. • Comoarisop -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. 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[Financial and Analytical Products Best's Key Retina Guide-P/C.US&Canada Best's Statement File-P/C,US http://www3.ambest.com/ratings/entities/SearchResults.aspx?URatingId=2429627&b1=0&... 9/17/2012 Best's Credit Rating Center- Company Information for Amerisure Insurance Company Page 1 of 2 Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa Home I About Us Contact Us I Sitemap For ratings and product access Loran I Sian-uo Ratings&Criteria w Amerisure Insurance Company Print this page a) »Home Methodology A.M.Best ts:004032 NAIC#:19488 FEIN 9:381889912 »Best's Credit Ratings+ Address:P.O.Box 2060 Assigned to »Financial Strength Rating , »Issuer Credit Rating Farmington Hills,MI 48333-2060 companies 'v United States that have in Debt Rating Web:www.amerisure.com `:our opinion, »Advanced Search Phone:248-615-9000 an excellent ability to meet their »About Bests Credit Ratings+ »Get a Credit Rating+ Fax:248-426-7992 ongoing insurance obligations. »Best's Special Reports »Add Bests Credit Ratings Search Based on A.M.Bests analysis,052536-Amerisure Mutual Holdings Inc is the AMB To Your Site Ultimate Parent and identifies the topmost entity of the corporate structure.View a list »BestMark for Secure-Rated of ooeratina insurance entities in this structure. Insurers Best's Credit Ratings »Contact an Analyst .__....__....._._._.__._...__._.__...._.---.........___._..__.__._.._......_....._...._...-------._.___..................__._..........._._........_._...._.............._..............._.__..._....................__._._.._._....._........._...._._._ .._.__._.... »Awards and Recognitions View all of the companies assigned this rating as a part of Best's Credit Rating Analyst an AMB Ratina Unit. News&Analysis* Office:Strength Rating View Definition A.M.Best Company ; Senior Financial Analyst:Darien Ryan Products&Services Rating: A(Excellent) Assistant Vice President Michael J.Lagomarsino,CFA Industry Information w I Financial Size Category. X($500 Million to 3750 Million) Corporate e i Outlook: Stable Regulatory Affairs v Action: Affirmed Support&Resources v ' Effective Date: June 15,2012 Du Denotes Under Review Bean Ratina Conferences and Events w rS 4_",�,�? S'- '� . f APAI 4:'Z' [Issuer Credit Rating View Definition -------- sLong-Term: a Find a Best's Credit Rating g Outlook: Stable Enter a Company Name _ ! :Action: Affirmed I Date: June 15,2012 a Advanced Search 1 Reports and News Get Rated`ey A M. t I Visit Best's News and Analysis site for the latest(sews and press releases for this company and its A.M.Best Group. AMB Credit Report-Insurance Professional-includes Bests Financial Strength Rating and rationale along with View Rating Definitions comprehensive analytical commentary,detailed business overview and key financial data. Select one... ( Report Revision Date:9/8/2012(represents the latest significant change). „ Historical Reports are available in AMB Credit Report-Insurance Professional Archive. Bests 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:2012 Best's Statement File-P/C,US Contains data compiled as of 9110/2012 Quality Cross Checked. • Sinale 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. v. Best's Key Rating Guide Presentation Report-includes Bests Financial Strength Rating and financial data as provided in the most current edition of Best's Key Rating Guide products.(Quality Cross Checked). 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 9/10/2012 Quality Cross Checked. Financial and Analytical Products Bests Kev 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 Executive Summary Report-Comparison-Property/Casualty Best's Executive Summary Report-Composite-Property/Casualty Best's Regulatory Center Best's Insurance Expense Exhibit(IEE)-P/C,US http://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=403 2&URatingl... 9/17/2012 Document A310TM — 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place MUNSON,INC. of business) 6747 al N.Sidney Place Glendale, NORTH AMERICAN SPECIALTY INSURANCE Glee,WI 53209 COMPANY This document has important legal 650 Elm Manchester,NH 03101 consequences.Consultation with Ma OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or CITY OF OSHKOSH PARKS DEPARTMENT modification. 215 Church Avenue,Oshkosh,WI 54901 Any singular reference to Contractor,Surety,Owner or BOND AMOUNT: Five percent of amount bid. other party shall be considered (5%of Amount Bid) plural where applicable. PROJECT: (Name,location or address, and Project number, if any) 2012 Tennis Court and Park Rehabilitation,Stevens Park,Oshkosh,WI Project Number Project Number,if any: 12-003 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner 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.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 14th day of September,2012 MUNSON,INC. neap ) (Seal) (Witness) � (Title) 4/14'&444-.642‘ ORTH AMERICAN SPECIALTY INSURANCE COMPANY ety) (Seal) (Witness) it a Trudy Sze!LtAorney in Fart AIA Document A310TM—2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: JEFFREY R.MEISINGER,TRUDY SZALEWSKI,KELLY CODY,ROXANNE JENSEN, KENT ARPS,BRIAN KRAUSE,CHERYL SIEM and CHRISTOPHER KONDRICK JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9t°of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." ..out took�/i =t? , By - w p'ooRfT:G " ° SEAL It Steven P.Anderson,Senior Vice President of Washington International Insurance Company SEAL W. 1973 ari"y= &Senior Vice President of North American Specialty Insurance Company 0 3 1,646 4.1 04,,��i� rc '? °�%Y BY David M.Layman,Vice President of Washington International Insurance Company &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this25th day of May ,2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 25th day of May ,20,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. I"OFFICIAL SEAL" l lour /0. �61/°`q t DONNA D.SKLENS I Notary Public,State of Illinois l Donna D.Skiers,Notary Public t My Coauoissioa Expires 10106/I01St I, Jeffrey Goldberg ,...the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Lnsurance Company and Washington International Insurance Company,wh'c1 h is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this , 11 day of Jx. ,20P- Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company Best's Credit Rating Center- Company Information for North American Specialty Insuran... Page 1 of 2 Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada)Europe,Middle East and Africa Home I About Us I Contact Us I Sitemap 40 For ratings and product access Login I Sign-un „ I' u�'rx Ratings&Criteria a North American Specialty Insurance Co Print this Dane (2) »Home »Methodology A.M.Beat 8:001866 NAIC 8:29874 FEIN it 020311919 »Best's Credit Ratings+ Address:650 Elm Street Assigned to • »Financial Strength Rating Manchester,NH 03101-2524 companies a %BEST s Issuer Credit Rating United State that have,in 4` . s Debt Rating s Advanced Search Web: :603-6 4-660om our opinion, »About Best's Credit Ratings+ Phone:603-644-6600 a superior ability to meet their s Get a Credit Rating+ Fax:603-644-6613 ongoing insurance obligations. »Best's Special Reports Based on A.M.Best's analysis,058595-Swiss Re Ltd is the AMB Ultimate Parent and s Add Best's Credit Ratings Search identifies the topmost entity of the corporate structure.View a list of operating insurance To Your Site *BestMark for Secure-Rated entities in this structure. Insurers ,Best's Credit Ratings sContact an Analyst x._.._.._..._.__......._.___._.__.._..._..._.._.._....____...._.._._._.._____.___.._.__.._.___.......____....__....._...._.....___.__.__....___._.._...._____....___._......._._...................._.___.....__ ....._....._......_._: A Awards and Recognitions View all of the companies assigned this rating as a part of Bast's Credit Ratin•Anal -tW��� an AMB Rating Unit. News&Analysis y Office:A.M.Best Company Financial Strength Rating._View Definition......................... Products&Services Financial Analyst:Scott Mangan • • Rating: rior)A+(Stp Assistant Vice President:Peter Dickey • Industry Information v Financial Size Category: XV($2 Billion or greater) Corporate sc ' Outlook: Stable Regulatory Affairs v Action: Upgraded Support&Resources v Effective Date: December 20,2011 s Denotes Under Review Beat's Rating Conferences and Events r ''a M R to ° I ,I.`oii% wb=nnit•n ��----- Long-Term: aa- Find a Best's Credit Rating E Outlook: Stable Enter a Company Name Action: Upgraded Date: December 20,2011 »Advanced Search €Reports and News v µ� Get Rated Ey ltd , 'I Visit Best's News and Analysis site for the latest flews and press releases for this company and its A.M.Best Group. r AMB Credit Report-insurance Professional-includes Bests Financial Strength Rating and rationale along with View Rating Definitions comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:9/13/2012(represents the latest significant change). Select one... tFt p 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:2012 Best's Statement File-P/C,US Contains data compiled as of 9/10/2012 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. tit Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as NO provided in the most current edition of Best's Key Rating Guide products.(Quality Cross Checked). 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 9/10/2012 oualty Cross Checked. Financial and Analytical Products Best's 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 Bests State Line-P/C.US Best's Executive Summary Report-Comparison-Property/Casualty Best's Executive Summary Report-Composite-Property/Casualty Bests Regulatory Center Best's Insurance Expense Exhibit(IEE)-P/C.US http://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=1866&URatingl... 9/17/2012 WISCONSIN SOCIETY OF ARCHITECTS \1`i�1� 110 THE AMERICAN INSTITUTE OF ARCHITECTS %"ri"'��u�'-' ��Jwir Ali� WIS. AIA DOCUMENT t] JULY 1980 ED. WIS. A312 o. C o• PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND v0 THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779.14 WISCONSIN STATUTES. Bond No.2157850 N KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) MUNSON,INC. 6747 N.Sidney Place Glendale WI 53209 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) NORTH AMERICAN SPECIALTY INSURANCE COMPANY 650 Elm St. Manchester NH 03101 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) CITY OF OSHKOSH 215 Church Avenue Oshkosh WI 54901 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Fifty Three Thousand One Hundred Seventy Four and 00/100Dollan ($ 53,174.00 ), (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, MUNSON,INC. Principal has by written agreement dated 9/26/2012 , entered into a contract with Owner for 2012 Tennis Court and Park Rehabilitation Stevens Park,City of Oshkosh,WI Project#12-003 in accordance with drawings and specifications prepared by (Here insert tun name, title and address) which contract is by reference made a part hereof and is required by Section 779.14,Wisconsin Statutes, '� The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. c rn PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES ray WIS.AIA DOC.WIS.A312AUGUST. 1989ED. PAGE I t7 Copr.1969 Wisconsin Society of Architects/AIA 321 S.Hamilton St. Madison,Wis.53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 27th day of September , 2012 IN THE PRESENCE OF: MUNSON,INC. Priecipal B7= � (Sc )al NelL" s��ticv�- . Witness Tide: NORTH AMERICAN SPECIALTY INSURANCE COMPANY 4_ Name of Surety c �0 e ■ �� � (Seal) Trudy Szalews 4 Attorney-in-Fact APPROVED BY IN THE PRESENCE OF: Owner By: (Seel) Wham .nom: *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney,of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: JEFFREY R.MEISINGER,TRUDY SZALEWSKI,KELLY CODY,ROXANNE JENSEN, KENT ARPS,BRIAN KRAUSE,CHERYL SIEM and CHRISTOPHER KONDRICK JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9a'of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." oso utri,vei ri S10N�M4r r 6 apPO,�•.,G rN tL [� ':. S By ,� OAPO% rSG$ _• SEAL i o° Steven P.Anderson,Senior Vice President of Washington international Insurance Company ?. SEAL ' Cy '- Tom, 1979 oi.n:= &Senior Vice President of North American Specialty Insurance Company Di 4%4;MO L B ! .y . David M.Layman,Vice President of Washington International Insurance Company 'a &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this25th day of May ,2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 25th day of May ,201,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. 4"OFFICIAL SEAL" ' ko la `4, ,0 4 DONNA D.SKLENS I 4 Notary Public.State of Illinois l Donna D.Sidens,Notary Public 1 My Commission E.xQues 10/06/2015 I, Jeffrey Goldberg_,_the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies thisc 7day of ,20 P--. A, '- ---- Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company • Bc:;t's Credit Rating Center- Company Information for North American Specialty Insuran... Page 1 of 2 Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa Home I About Us I Contact Us I Sitemap For ratings and product access Login I Sion-up Ratings&Criteria : North American Specialty Insurance Co EfEt Print this page ( ) »Home »Methodology A.M.Best#:001866 NAIC C:29874 FEIN#:020311919 »Best's Credit Ratings+ Address:650 Elm Street Assigned to nrin,eirIl Ikkrsnplllr"Me Financial Strength Rating Manchester,NH 03101-2524 companies 'Brsf »Issuer Credit Rating United States that have in Superior Debt Rating our opinion, A> Advanced Search Web: :603-6 4-660om »About Best's Credit Ratings+ Phone:603-644-6600 a superior ability to meet their 9 ongoing insurance obligations. »Get a Credit Rating+ Fax:603-644-6613 »Best's Special Reports »Add Bests Credit Ratings Search Based on A.M.Best's analysis,058595-Swiss Re Ltd is the AMB Ultimate Parent and To Your Site identifies the topmost entity of the corporate structure.View a list of operating insurance »BestMark for Secure-Rated entities in this structure. Insurers Best's Credit Ratings Contact an Analyst __- ____.._. ....._. _.......... View all of the companies assigned this rating as a part of g y Best's Credit Rating Analyst a Awards and Recognitions .. .. an AMB Rating Unit. News&Analysis Rating ---- - -- Office:A.M.Best Company Financial Strength Rating View Definition Financial Analyst:Scott Mangan Products&Services Rating: A+(Superior) Industry Information Assistant Vice President:Peter Dickey ry Financial Size Category: XV($2 Billion or greater) Corporate Outlook: Stable Regulatory Affairs Action: Upgraded Support&Resources -_ Effective Date: December 20,2011 u Denotes Under Review Best's Retina Conferences and Events Issuer Credit Rating View Definition Long-Term: aa- Find a Best's Credit Rating Outlook: Stable Enter a Company Name Action: Upgraded ! Date: December 20,2011 »Advanced Search Reports and News 61 '4 Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. I+++ AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with View Rating Definitions comprehensive analytical commentary,detailed business overview and key financial data Select one... Report Revision Date:9/13/2012(represents the latest 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 l"r' reports feature balance sheet,income statement,key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2012 Best's Statement File-P/C,US Contains data compiled as of 9/22/2012 Oualay 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. Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as :r provided in the most current edition of Best's Key Rating Guide products.(Quality Cross Checked). AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts 'y' 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 9/22/2012 Quality Cross Checked. Financial and Analytical Products Best's 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 Executive Summary Report-Comparison-Property/Casualty Best's Executive Summary Report-Composite-Property/Casualty Best's Regulatory Center Best's Insurance Expense Exhibit(IEE)-P/C,US http://www3.ambest.com/ratings/entities/searchresults.aspx?SR=1 10/1/2012 • F3°cst's Credit Rating Center - Company Information for North American Specialty Insuran... Page 2 of 2 Best's Schedule F(Reinsurance)-P/C.US Best's Schedule D(Municipal Bonds)-US Best's Schedule D(Common Stocks)-US Best's Corporate Changes and Retirements-P/C,US/CN Best's Regulatory Center Market Share Reports Bests Schedule P(Loss Reserves)-P/C,US Best's Schedule D(Corporate Bonds)-US Best's Insurance Reports-Online-P/C,US&Canada Best's Schedule DA(Short Term Investments)-P/C&L/H,US European Union Disclosures A.M.Best Company and its subsidiaries are not registered as External Credit Assessment Institutions(ECAI)in the European Union(EU).Credit ratings issued by A.M.Best Company and its subsidiaries can not be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M.Best Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy,hold or sell any securities or any other form of financial product,including insurance policies and are not a recommendation to be used to make investment/purchasing decisions.A.M.Best Asia-Pacific Ltd is registered as a Credit Rating Agency in Australia and holds a Financial Services Licence number 411055 under the Corporations Act of 2001. A.M.Best Asia-Pacific Ltd credit ratings and any other related research are not intended for and must not be distributed to any person in Australia other than a wholesale client,as defined in the Corporations Act of 2001,Chapter 7.The A.M.Best websites are not intended for use by Australian users who are not defined as wholesale users. Important Notice:Bests Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,including those to policyholders.View our entire_notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M.Best I Site Map I Privacy Policy I Security I Terms of Use I Legal&Licensing Copyright©2012 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/entities/searchresults.aspx?SR=1 10/1/2012 Bast's Credit Rating Center - Company Information for Washington International Insuran... Page 1 of 2 Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa Home I About Us I Contact Us I Sitemap ab$ For ratings and product access Login I Sign-up Ratings&Criteria .F Washington International Insurance Co Print this page (2) »Home »Methodology A.M.Best#:002695 NAIC#:32778 FEIN#:362860812 »Best's Credit Ratings+ Address:475 North Martingale Road Assigned to financed ffiiiingt+Rating »Financial Strength Rating Schaumburg,IL 60173 companies e HEST n Issuer Credit Rating United States that have in Aa 8iiporior »Debt Rating our opinion, »Advanced Search a superior ability to meet their »About Best's Credit Ratings+ Phone:603-644-6600 ongoing insurance obligations. »Get a Credit Rating+ Fax:603 644-6613 »Best's Special Reports »Add Bests Credit Ratings Search Based on A.M.Best's analysis,058595-Swiss Re Ltd is the AMB Ultimate Parent and To Your Site identifies the topmost entity of the corporate structure.View a list of operating insurance e. u ct »BestMark for Secure-Rated entities in this structure. ___. . .. __._ ...... ...__._.. ____. _...._._ ____ ...... _._.. _....... ..._., Insurers Best's Credit Ratings »Contact an Analyst - _........... .._...... .._.... _ n Awards and Recognitions View all of the companies assigned this rating as a part of l Best's Credit Rating Analyst an AMB Rating Unit. News&Analysis Financial Strength Rating View Definition Office:A.M.Best Company Products&Services Financial Analyst:Scott Mangan Rating: A+(Superior) Assistant Vice President:Peter Dickey Industry Information Financial Size Category: XV($2 Billion or greater) Corporate Outlook: Stable '.. Regulatory Affairs« Action: Upgraded Support&Resources =- Effective Date: December 20,2011 u Denotes Under Review Bests Rating Conferences and Events Issuer Credit Rating View Definition Long-Term: aa- Find a Best's Credit Rating Outlook: Stable coEnter a Company Name l Action: Upgraded Date: December 20,2011 a Advanced Search Reports and News ^ a "°tq Visit Best's News and Analysis site 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 View Rating Definitions comprehensive analytical commentary,detailed business overview and key financial data Select one... Report Revision Date:9/13/2012(represents the latest 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:2012 Best's Statement File-P/C,US Contains data compiled as of 9/22/2012 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. Bests Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided in the most current edition of Best's Key Rating Guide products.(Quality cross Checked). 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 9/22/2012 Quality Cross Checked. Financial and Analytical Products Best's 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 Executive Summary Report-Comparison-Property/Casualty Best's Executive Summary Report-Composite-Property/Casualty Best's Regulatory Center Best's Insurance Expense Exhibit(IEE)-P/C,US http://www3,ambest.com/ratings/entities/SearchResults.aspx?URatingId=2429627&b1=0&... 10/1/2012 Bcst's Credit Rating Center- Company Information for Washington International Insuran... Page 2 of 2 Best's Schedule F(Reinsurance)-P/C.US Best's Schedule D(Municipal Bonds)-US Best's Corporate Changes and Retirements-P/C.US/CN Best's Regulatory Center Market Share Reports Best's Schedule P(Loss Reserves)-P/C.US Best's Schedule D(Corporate Bonds)-US Best's Insurance Reports-Online-P/C.US&Canada Best's Schedule DA(Short Term Investments)-P/C&UH,US European Union Disclosures A.M.Best Company and its subsidiaries are not registered as External Credit Assessment Institutions(ECAI)in the European Union(EU).Credit ratings issued by A.M.Best Company and its subsidiaries can not be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M.Best Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy,hold or sell any securities or any other form of financial product,including insurance policies and are not a recommendation to be used to make investment/purchasing decisions.A.M.Best Asia-Pacific Ltd is registered as a Credit Rating Agency in Australia and holds a Financial Services Licence number 411055 under the Corporations Act of 2001. A.M.Best Asia-Pacific Ltd credit ratings and any other related research are not intended for and must not be distributed to any person in Australia other than a wholesale client,as defined in the Corporations Act of 2001,Chapter 7.The A.M.Best websites are not intended for use by Australian users who are not defined as wholesale users. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,including those to policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M.Best I Site Map I Privacy Policy I Security I Terms of Use I Legal&Licensing Copyright©2012 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/entities/SearchResults.aspx?URatingld=2429627&b1=0&... 10/1/2012