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HomeMy WebLinkAboutPW CNT 13-01/MIRON CONSTRUCTION CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5115 FAX(920)236-5106 LETTER OF TRANSMITTAL To: MIRON CONSTRUCTION Date: February 27, 2013 PO Box 509 Project: Contract 13-01 Neenah, WI 54957-0509 From: Carol Marchant Re: City Hall Parking Lot Attn: Christy Grams Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Signed original of Contract 13-01 (your original copy) 2 Notice to proceed documents (sign both & return one to City of Oshkosh) These are being transmitted as indicated below: ❑ For Approval ❑ For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Signed: iV � cc: City Clerk (original) Public Works, Engineering (original) City Attorney (original) STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT(STIPULATED PRICE) THIS AGREEMENT is by and between City of Oshkosh ("Owner")and Miron Construction Co.,Inc. ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: City Contract 13-01: City Hall Parking Lot ARTICLE 2—THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City Contract 13-01: City Hall Parking Lot ARTICLE 3—ENGINEER 3.01 The Project has been designed by AECOM(Engineer), which is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 3.02 The Owner has completed the electrical, communications, and lighting design plans as shown on the Construction Drawings and described in the Specifications. ARTICLE 4—CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any,Substantial Completion,and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before November 1, 2013, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before June 1,2014. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright®2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 1 of 8 4.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions.The parties also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time.Accordingly,instead of requiring any such proof,Owner and Contractor agree that as liquidated damages for delay(but not as a penalty),Contractor shall pay Owner per 2013 Standard Specifications for City of Oshkosh,Wisconsin Section 100.45 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner per 2013 Standard Specifications for City of Oshkosh,Wisconsin Section 100.45 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for fmal payment. B. Owner and Contractor recognize that any damage to the City's communication system (fiber optic and/or copper wire) indentified in the Construction Drawings (Sheet D-1)will cause the Owner to suffer financial loss and delay emergency services during the period of time the fiber optic and/or copper lines become damaged and are not functional. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner if the conduit is damaged and rendered not functional. Accordingly, Contractor agrees that as liquidated damages for damage to the communication conduits(but not as a penalty)Contractor shall pay to Owner $4,750 per hour for each hour that the conduit is under repair until a temporary repair can be made. Additionally, Contractor shall pay to Owner per hour for each hour, or portion of hour, that the system is not functional. The City has the exclusive right-to perform the repair work with its own crews or hire contractors to complete the temporary and/or permanent repairs. Additionally, Contractor shall pay to Owner, on time and materials basis, for any expenses incurred for repair to the communication system. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, 5.01.B, and 5.01.0 below: A. Base Bid Sum,a sum of: $3364.370.90 B. Alternate Bid Sum, a sum of $ 105,955.00 Total Contract $3,870,325.90 EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright®2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 2 of 8 The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. C. For all Work,at the prices stated in Contractor's Bid,attached hereto as an exhibit. ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments;Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment approximately every four weeks based on the schedule provided at the Preconstruction Conference during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions(and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values,as provided in the General Requirements. 1. Prior to Substantial Completion,progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. a. 95 percent of Work completed(with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage. B. Upon Substantial Completion,Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 10 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright C 2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 3 of 8 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7—INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate allowed by Wisconsin Statute 66.0135 ARTICLE 8—CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress,and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,progress,and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities), if any,that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data,"and(2)reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable"technical data." E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2)the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01 A-E above,Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 4 of 8 G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 1 to 8,inclusive). 2. Performance bond(pages 610-1 to 610-3,inclusive). 3. Payment bond(pages 615-1 to 615-3),inclusive). 4. Certificate of Insurance (Contractors Insurance with Property Insurance Requirements listing AECOM as additional insured). 5. General Conditions(pages 700-1 to 700-68,inclusive). 6. Supplementary Conditions(pages 800-1,and 810-1 to 810-18,inclusive). 7. Specifications as listed in the Project Manual. 8. Drawings consisting of 42 sheets with each sheet bearing the following general title: Contract 13-1,City Hall Parking Lot. 9. Addenda(numbers 1 to 2, inclusive). 10. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid(pages 1 to 22,inclusive). b. Documentation submitted by Contractor prior to Notice of Award(Not Applicable). 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to proceed(pages 550-1,inclusive). b. Work Change Directives. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright C 2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 5of8 c. Change Orders. The documents listed in Paragraph 9.01.A are attached to this Agreement(except as expressly noted otherwise above). This contract consists of the following component parts,all of which are as fully a part of this contract as if herein set put verbatim,or if not attached,as if hereto attached: 1. This Instrument 2. City Approved Plans 3. Specification,including any addenda 4. City of Oshkosh Standard Specifications 5. Instructions to Bidders 6. Advertisement for Bids 7. Contractor's Proposal The Contract documents are complementary; what is required by one is as binding if required by all. In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part with follows it numerically except as may be otherwise specifically stated. A. There are no Contract Documents other than those listed above in this Article 9. B. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10—MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 6 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor,who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice"means an intentional misrepresentation of facts made (a)to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels,or(c)to deprive Owner of the benefits of free and open competition; 3. "collusive practice"means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels;and 4. "coercive practice"means harming or threatening to harm, directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 None EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 7 of 8 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on March 4,2013 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: City of Oshkosh Miron Cot truction Co.,Inc. // By: -- ' . : ! • . . - By: ,Ate DAVID G.VOSS JR.! 1 ESIDENT Title: Title: (If Contractor is a corporation,a partnership, or a joint venture,attach evidence of authority to sign.) Attest: Attest: X/7261 Title: Title. Senior Project Coordinator Address for giving notices: Address for giving notices: Miron Construction Co., Inc. 1471 McMahon Drive Neenah, WI 54956 License No.: 1102364 (Where applicable) (If Owner is a corporation,attach evidence NOTE TO USER: Use in those states or other of authority to sign. If Owner is a public body, jurisdictions where applicable or required. attach evidence of authority to sign and resolution Agent for service of process: or other documents authorizing execution of this Agreement.) EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright CO 2007 national Society of Professional Engineers for EJCDC.All rights reserved. Page 8 of 8 -�1 U�/ Signed for and in behalf of the City of Oshkosh on the c;75 day of 1-�- 1t, , 2013. Mark A. Rohloff, City Manager �. aA n rad - t, . Bi Pamela- R. Ubrig ity C - Peggy A. Steeno, Director of Finance 0144 L 1 AL .._40► Lorensr ity Attorney I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. 8A EJCDC ORIGINAL ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE PERFORMANCE BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Miron Construction Co., Inc. Fidelity and Deposit Company of Maryland P.O. Box 509 1400 American Lane Neenah, WI 54957-0509 Schaumburg, IL 60196-1056 OWNER(name and address): City of Oshkosh 215 Church Avenue, Oshkosh, WI 54903-1103 CONSTRUCTION CONTRACT Effective Date of the Agreement:3/4/13 Amount: $3,870,325.90 Description: City Contract 13-01: City Hall Parking Lot, Oshkosh, Wisconsin. BOND Bond Number: 09093128 Date(not earlier than the Effective Date of the Agreement of the Construction Contract):314/13 Amount: $3,870,325.90 Modifications to this Bond Form: I Xi None I ]See Paragraph 16 Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Miron Construction Co., Inc. (SeQl) Fidelity and Deposit Company of Maryland (.teal) Contract ' Name and Co 1• Seal Surety's Name rporate Seal By: al%it6 �� By: (( / Signa e Signatu e(attach po er of attorne David G. Voss, Jr. Kelly Cody Print Name Print Name President Attorney-in-Fact Title "Title Attest: lL� v� sUiest: Signature Signature Senior Project Coordinator Witness Title Title Notes: (I)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. EJCDC C-610—Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page I I The Contractor and Surety, jointly and severally, bind the Contract Price incurred by the Owner as a result of the themselves, their heirs, executors, administrators, successors, and Contractor Default;or assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable 2. If the Contractor performs the Construction Contract,the Surety promptness under the circumstances and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in 5.4.1 After investigation, determine the amount for Paragraph 3. which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to 3. If there is no Owner Default under the Construction Contract, the the Owner;or Surety's obligation under this Bond shall arise after: 5.4.2 Deny liability in whole or in part and notify the 3.1 The Owner first provides notice to the Contractor and Owner,citing the reasons for denial. the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is 6. If the Surety does not proceed as provided in Paragraph 5 with requesting a conference among the Owner,Contractor,and Surety reasonable promptness,the Surety shall he deemed to be in default on to discuss the Contractor's performance. If the Owner does not this Bond seven days after receipt of an additional written notice from request a conference, the Surety may, within five (5) business the Owner to the Surety demanding that the Surety perform its days after receipt of the Owner's notice, request such a obligations under this Bond,and the Owner shall be entitled to enforce conference. If the Surety timely requests a conference,the Owner any remedy available to the Owner. If the Surety proceeds as provided shall attend. Unless the Owner agrees otherwise,any conference in Paragraph 5.4,and the Owner refuses the payment or the Surety has requested under this Paragraph 3.1 shall be held within ten (10) denied liability, in whole or in part, without further notice the Owner • business days of the Surety's receipt of the Owner's notice. If the shall be entitled to enforce any remedy available to the Owner. Owner,the Contractor,and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3,then Contract, but such an agreement shall not waive the Owner's the responsibilities of the Surety to the Owner shall not be greater than right,if any,subsequently to declare a Contractor Default; those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than 3.2 The Owner declares a Contractor Default, terminates those of the Owner under the Construction Contract. Subject to the the Construction Contract and notifies the Surety;and commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated,without duplication for. 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction 7.1 the responsibilities of the Contractor for correction of Contract to the Surety or to a contractor selected to perform the defective work and completion of the Construction Contract; Construction Contract. 7.2 additional legal, design professional, and delay costs 4. Failure on the part of the Owner to comply with the notice resulting from the Contractor's Default, and resulting from the requirement in Paragraph 3.1 shall not constitute a failure to comply actions or failure to act of the Surety under Paragraph 5;and with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety 7.3 liquidated damages, or if no liquidated damages are demonstrates actual prejudice, specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. 5. When the Owner has satisfied the conditions of Paragraph 3,the Surety shall promptly and at the Surety's expense take one of the 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the following actions. Surety's liability is limited to the amount of this Bond. 5.1 Arrange for the Contractor, with the consent of the 9. The Surety shall not be liable ro the Owner or others for Owner,to perform and complete the Construction Contract; obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or 5.2 Undertake to perform and complete the Construction set off on account of any such unrelated obligations. No right of Contract itself,through its agents or independent contractors; action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors,and assigns. 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for 10. The Surety hereby waives notice of any change, including performance and completion of the Construction Contract, changes of time, to the Construction Contract or to related arrange for a contract to be prepared for execution by the Owner subcontracts,purchase orders,and other obligations. and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a I I Any proceeding, legal or equitable, under this Bond may be qualified surety equivalent to the bonds issued on the instituted in any court of competent jurisdiction in the location in Construction Contract, and pay to the Owner the amount of which the work or part of the work is located and shall be instituted damages as described in Paragraph 7 in excess of the Balance of within two years after a declaration of Contractor Default or within EJCDC C-610—Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 two years after the Contractor ceased working or within two years 14-2 Construction Contract: The agreement between the after the Surety refuses or fails to perform its obligations under this Owner and Contractor identified on the cover page, including all Bond,whichever occurs first. If the provisions of this paragraph are Contract Documents and changes made to the agreement and the void or prohibited by law, the minimum periods of limitations Contract Documents. available to sureties as a defense in the jurisdiction of the suit shall be applicable. 14.3 Contractor Default:Failure of the Contractor,which has not been remedied or waived, to perform or otherwise to comply 12. Notice to the Surety,the Owner,or the Contractor shall be mailed with a material term of the Construction Contract. or delivered to the address shown on the page on which their signature appears. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived,to pay the Contractor as required under 13. When this Bond has been furnished to comply with a statutory or the Construction Contract or to perform and complete or comply other legal requirement in the location where the construction was to with the other material terms of the Construction Contract. be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and 14.5 Contract Documents: All the documents that comprise provisions conforming to such statutory or other legal requirement the agreement between the Owner and Contractor. 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 15. If this Bond is issued for an agreement between a contractor and common law bond. subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 14. Definitions 16. Modifications to this Bond are as follows: 14.1 Balance of the Contract Price:The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. EJCDC C-610—Performance Bond Published December 2010 by the Engineers.Joint Contract Documents Committee. Page 3 EJCDC= -- --------- t'IGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE PAYMENT BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Miron Construction Co., Inc. Fidelity and Deposit Company of Maryland P.O. Box 509 1400 American Lane Neenah, WI 54957-0509 Schaumburg, IL 60196-1056 OWNER(name and address): City of Oshkosh, 215 Church Avenue, Oshkosh, WI 54903-1130 CONSTRUCTION CONTRACT Effective Date of the Agreement: 3/4/13 Amount: $3,870,325.90 Description: City Contract 13-01: City Hall Parking Lot, Oshkosh, Wisconsin. BOND Bond Number: 09093128 Date(not earlier than the Effective Date of the Agreement of the Construction Contract): 3/4/13 Amount: $3,870,325.90 Modifications to this Bond Form: I X I None ❑ See Paragraph 18 Surety and Contractor,intending to be legally bound hereby, subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Miron Construction Co., Inc. (seal) Fidelity and Deposit Company of Maryland (seal) Contracts ame and Corpoyp.eal Surety's Name an. ►• !` at cal By:_ 4 ti • 4, By; Signa e / Signatu - (attach p over ofattotey) David G. Voss, Jr. Kelly Cody Print Name Print Name President Attorney-in-Fact Title / TitIe Attest: Cr., �/7� Attest: 2--)(C �-= -c-1 Signature Signature Senior Project Coordinator Witness Title Title Notes: (I)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. EJCDC C-615,Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 7. When a Claimant has satisfied the conditions of Paragraph 1. The Contractor and Surety, jointly and severally, bind 5.1 or 5.2, whichever is applicable, the Surety shall themselves, their heirs, executors, administrators, promptly and at the Surety's expense take the following successors, and assigns to the Owner to pay for labor, actions: materials, and equipment furnished for use in the performance of the Construction Contract, which is 7.1 Send an answer to the Claimant,with a copy to the incorporated herein by reference, subject to the following Owner, within sixty(60) days after receipt of the terms. Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are 2. If the Contractor promptly makes payment of all sums due disputed;and to Claimants,and defends,indemnifies,and holds harmless the Owner from claims, demands, liens, or suits by any 7.2 Pay or arrange for payment of any undisputed person or entity seeking payment for labor, materials, or amounts. equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor 7.3 The Surety's failure to discharge its obligations shall have no obligation under this Bond. under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or 3. If there is no Owner Default under the Construction Contractor may have or acquire as to a Claim, Contract, the Surety's obligation to the Owner under this except as to undisputed amounts for which the Bond shall arise after the Owner has promptly notified the Surety and Claimant have reached agreement. If, Contractor and the Surety (at the address described in however, the Surety fails to discharge its Paragraph 13)of claims,demands,liens,or suits against the obligations under Paragraph 7.1 or 7.2, the Surety Owner or the Owner's property by any person or entity shall indemnify the Claimant for the reasonable seeking payment for labor, materials, or equipment attorney's fees the Claimant incurs thereafter to furnished for use in the performance of the Construction recover any sums found to be due and owing to the Contract, and tendered defense of such claims, demands, Claimant. liens,or suits to the Contractor and the Surety. 8. The Surety's total obligation shall not exceed the amount of 4. When the Owner has satisfied the conditions in Paragraph this Bond, plus the amount of reasonable attorney's fees 3, the Surety shall promptly and at the Surety's expense provided under Paragraph 7.3,and the amount of this Bond defend,indemnify,and hold harmless the Owner against a shall be credited for any payments made in good faith by duly tendered claim,demand,lien,or suit. the Surety. 5. The Surety's obligations to a Claimant under this Bond 9. Amounts owed by the Owner to the Contractor under the shall arise after the following: Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, 5.1 Claimants who do not have a direct contract with under any construction performance bond. By the the Contractor, Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the 5.1.1 have furnished a written notice of non- performance of the Construction Contract are dedicated to payment to the Contractor, stating with satisfy obligations of the Contractor and Surety under this substantial accuracy the amount claimed Bond,subject to the Owner's priority to use the funds for and the name of the party to whom the the completion of the work. materials were, or equipment was, furnished or supplied or for whom the 10. The Surety shall not be liable to the Owner, Claimants,or labor was done or performed,within ninety others for obligations of the Contractor that are unrelated to (90)days after having last performed labor the Construction Contract. The Owner shall not be liable or last furnished materials or equipment for the payment of any costs or expenses of any Claimant included in the Claim;and under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of 5.1.2 have sent a Claim to the Surety (at the Claimants, or otherwise have any obligations to Claimants address described in Paragraph 13). under this Bond. 5.2 Claimants who are employed by or have a direct 11. The Surety hereby waives notice of any change,including contract with the Contractor have sent a Claim to changes of time, to :he Construction Contract or to related the Surety (at the address described in Paragraph subcontracts,purchase orders,and other obligations. 13). 12. No suit or action shall be commenced by a Claimant under 6. If a notice of non-payment required by Paragraph 5.1.1 is this Bond other than in a court of competent jurisdiction in given by the Owner to the Contractor, that is sufficient to the state in which the project that is the subject of the satisfy a Claimant's obligation to furnish a written notice of Construction Contract is located or after the expiration of non-payment under Paragraph 5.1.1. one year from the date (I) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or EJCDC C-615,Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 (2) on which the last labor or service was performed by shall be to include without limitation in the terms of anyone or the last materials or equipment were furnished "labor, materials, or equipment" that part of the by anyone under the Construction Contract, whichever of water, gas, power, light, heat, oil, gasoline, (1) or(2)first occurs. If the provisions of this paragraph telephone service, or rental equipment used in the are void or prohibited by law, the minimum period of Construction Contract, architectural and limitation available to sureties as a defense in the engineering services required for performance of jurisdiction of the suit shall be applicable. the work of the Contractor and the Contractor's subcontractors, and all other items for which a 13. Notice and Claims to the Surety, the Owner, or the mechanic's lien may be asserted in the jurisdiction Contractor shall be mailed or delivered to the address where the labor, materials, or equipment were shown on the page on which their signature appears. furnished. Actual receipt of notice or Claims,however accomplished, shall be sufficient compliance as of the date received. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover 14. When this Bond has been furnished to comply with a page, including all Contract Documents and all statutory or other legal requirement in the location where changes made to the agreement and the Contract the construction was to be performed,any provision in this Documents. Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions 16.4 Owner Default: Failure of the Owner, which has conforming to such statutory or other legal requirement not been remedied or waived,to pay the Contractor shall be deemed incorporated herein. When so furnished, as required under the Construction Contract or to the intent is that this Bond shall be construed as a statutory perform and complete or comply with the other bond and not as a common law bond. material terms of the Construction Contract. 15. Upon requests by any person or entity appearing to be a 16.5 Contract Documents: All the documents that potential beneficiary of this Bond, the Contractor and comprise the agreement between the Owner and Owner shall promptly furnish a copy of this Bond or shall Contractor. permit a copy to be made. 17. If this Bond is issued for an agreement between a 16. Definitions contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term 16.1 Claim: A written statement by the Claimant Owner shall be deemed to be Contractor. including at a minimum: 18.Modifications to this Bond are as follows: I. The name of the Claimant; 2. The name of the person for whom the labor was done,or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, matenals, or equipment furnished; S. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6 The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7 The total amount of previous payments received by the Claimant;and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond EJCDC C-615,Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLEN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Kelly CODY, Jeffrey R. MEISINGER, Roxanne JENSEN, Kent ARPS, Trudy A. SZALEWSKI, Christopher H.KONRICK,Cheryl L.SIEM and Brian KRAUSE,all of Green Bay,Wisconsin, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply. to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 30th day of July,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND e � s o StPost, `•'msµINSL y SEAL VI, Me Assistant Secretary Vice President Eric D.Barnes Thomas O. McClellen State of Maryland City of Baltimore On this 30th day of July,A.D.2012,before the subscriber,a Notary Public of the State of Maryland.duly commissioned and qualified,THOMAS O. MCCLELLEN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same,and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public My Commission Expires:July 14,2015 POA-F 184-3544 ��`Z� CERTIFICATE OF LIABILITY INSURANCE C2121f201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to u. 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). s PRODUCER CONTACT N Aon Risk Services Central, Inc. NAME: 'a Green Bay WI office No.Ext): (920) 437-7123 FAX Nd ): (920) 431-6345 m v 111 N. Washington Street, Suite 300 E-MAIL P. O. Box 23004 ADDRESS: _ Green Bay WI 54305-3004 USA INSURER(S)AFFORDING COVERAGE NAIC 19 INSURED INSURER A: Zurich American Ins Co 16535 MIRON CONSTRUCTION CO., INC. INSURERS: Liberty Insurance Underwriters, Inc. 36439 1471 MCMAHON DRIVE —_ P 0 BOX 5O9 INSURER C: NEENAH WI 54957-0509 USA - -"""'-"' --`- INSURER 0: _I.. ._...__.____-- _._._.......__..__� INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570049102288 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. Limits shown are as requested INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INCR.WVD POLICY NUMBER ((MWDDIYYYY (MM/OD/YYYY LIMITS A GENERAL LIABILITY GLO 92513229-05 04/15/2012 04/01/2 1 EACH OCCURRENCE $1,000,000 GENERAL LIABILITY DAMAGE TO RLN TED X COMMERCIAL GENERAL LIABILITY $500,000 _ PREMISES(Co occurrence) _ CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X CONTRACTUAL UAB PERSONAL BADV INJURY $1,000,000 W GENERAL AGGREGATE $2,000,000 0 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/CP AGG $2,000,000 c7 POLICY I I ECT rX LOC - o A AUTOMOBILE LIABILITY BAP 9259728-05 04/15/2012 04/01/2013 COMBINED SINGLE LIMIT t BUSINESS AUTOMOBILE j£zoccident) $1,000,OOD X ANY AUTO ' E if J r )i j CAT°... ::1;a GODLY INJURY(Per person) O ALL OWNED SCHEDULED �,� BODILY INJURY(Per accident) z AUTOS AUTOS C� 1{Fs ,+,. -, '",. I,i....1 L i PROPERTY DAMAGE ra X HIRED AUTOS NON-OWNED f { � o — AUTOS i--..,r c:I iU v UiLa. (Per accident! w, t: 6 - M�BCH2O4377- a X UMBRELLA LIAB I� % OCCUR U6 04/15/2012 04/01/2013 EACH OCCURRENCE $10,000,000 0 EXCESS LIAB I CLAIMS-MAOE UMBRELLA LIABILITY AGGREGATE $10,000,000 DED RETENTION A EMPLOYERS'S COM LIABILITY AND WC 9259 D-L 04 15 2012 04/01/2013 X TORY LIMI TS 24" YIN WORKERS' COMPENSATION ANY PROPRIETOR/PARTNER/EXECUTIVE 111 E .EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? I N 1 .L N 1 A (Mandatory In NH) I E.L.DISEASE-EA EMPLOYEE $500,000 If yes,dBscribb under --- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT _ S500.000____ ME DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedula,if more space is required) pa---.4470 RE: CITY CONTRACT 13-01, CITY HALL PARKING LOT, OSHKOSH, WISCONSIN. ADDITIONAL INSURED ON A PRIMARY BASIS ON THE GENERAL .. LIABILITY THE CITY OF OSHKOSH & ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS AS RESPECTS THE ct-ii NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT, AS REQUIRED BY WRITTEN CONTRACT. ENDORSED POLICIES WILL INCLUDE ' A 30 DAY NOTICE OF CANCELLATION / NONRENEWAL FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, PROVIDED TO THOSE PARTIES Y INDICATED IN THE WRITTEN CONTRACT. `sir- -+ +...v —2 IIW—N CERTIFICATE HOLDER CANCELLATION 'Ir--, SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE P. EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. -—.. CITY OF OSHKOSH AUTHORIZED REPRESENTATIVE 215 CHURCH AVENUE Vii OSHKOSH WI 54903-1130 USA n ©198H-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ,aco CERTIFICATE OF PROPERTY INSURANCE DATE 02/12/2013YY) 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. If this certificate is being prepared for a party who has an insurable interest in the property,do not use this form. Use ACORD 27 or ACORD 28. PRODUCER CONTACT NAME AOn Risk Servi Ces Central, Inc. PHONE .. FAX Green Bay WI Office (A/C. No.Ext). (920) 437-7123 (NC. No.): (920) 431-6345 L E-MAIL 111 N. washington Street, Suite 300 Val P. 0. BOX 23004 ADDRESS: PRODUCER 10020138 e 4. Green BY WI 54305-3004 USA CUSTOMER ID#' Y 'o INSURER(S)AFFORDING COVERAGE NAIC# 1- INSURED INSURER A: zurich American Ins Co 16535 Mi ron Construction Co. , Inc. INSURERS: C P.O. BOX 509 INSURER C: r=i NEENAH WI 54957 USA INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570049050398 REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY'Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: CITY CONTRACT 13-01, CITY HALL PARKING LOT, OSHKOSH, WISCONSIN. 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 do CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, m EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. o INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS rn LTR DATE(MWDD/YYYY)DATE (MM/DD/YYYY) PROPERTY BUILDING _ O N. CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY iri BASIC BUILDING BUSINESS EESa INCOME lY BROAD EXTRA EXPENSE m CONTENTS — ' RENTAL VALUE 2 SPECIAL D BLANKET BUILDING Z EARTHQUAKE W BLANKET PERS PROP N VNND _ Q FLOOD BLANKET BLDG&PP U LL rt W U X INLAND MARINE TYPE OF POLICY X Limit $3,670,326 f– Builders Risk — CAUSES OF LOSS — POLICY NUMBER X Deductible $5,000 A NAMED PERILS MBR 5323142-05 04/15/2012 04/01/2013 — ' — Master Builders Risk CRIME TY-PE OF POLICY MI BOILER&MACHINERY! OIL J EQUIPMENT BREAKDOWN — . �.T■ =y E -• SPECIAL CONDITIONS/OTHER COVERAGES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Mall CERTIFICATE HOLDER CANCELLATION lily Ge Ii SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS W CITY OF OSHKOSH 215 CHURCH AVENUE III''///}r��///(((-•,/n`/%^yn �/('/� OSHKOSH WI 5 490 3-113 0 USA AUTHORIZED REPRESENTATIVE t�J�GYLIL tJ j�_�� ��� VDneia4 tfne. III ©1995-2009 ACORD CORPORATION.All rights reserved. ACORD 24(2009/09) The ACORD name and logo are registered marks of ACORD CORPORATION RESOLUTION Adopted at Board of Directors Meeting of December 30, 2002 be it resolved that David G. Voss, Jr., the President of the Corporation, is hereby authorized and empowered to execute contracts on behalf of the Corporation, and that this resolution shall continue in force and effect until modified or rescinded by subsequent action of the stockholders or of the Board of Directors of the Corporation. Dean J. B ten, CPA Secretary/Treasurer MIRON CONSTRUCTION CO., INC. Witne sed By: Cid,b(A7V, Ica` State of Wisconsin County of Winnebago Subscribed to a 'worn before me this I S day of F6 re uARY,, 2011 Notary Public -&eJI/7 lf:t76 . My Commission Expires: ,JAN LEA J 51 j c2O/&