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Norcon Corporation
n i L:n r% CONTRACTOR AGREEMENT CITY CENTER PARKING STRUCTURE REPAIRS THIS AGREEMENT, made on the 25th day of September, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and NORCON CORPORATION, 5600 MUNICIPAL STREET, SCHOFIELD,WI 54476 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 attached hereto and 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: Justin Penrose ( xThimasc,xEsitima1orIProject Manager) 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: (Chris Strong, Transportation Department) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated September, 2013, referred to as the "Invitation for Bid for City Center Parking Structure 2013 Repairs" and the Contractor's bid form dated September 11, 2013. 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 November 22, 2013. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $66,005, 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 September, 2013, which is fully incorporated into this Agreement. 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 61./4,62.1 BY: �/ �!�_'_ Candy ' ntz, Witness °- �1p0Q stin P- , ose, President (-- ,: o c,.,`a (Specify Title) fid-" de SEAL _ f" '4 "�y,t, �� F,rE OF ItSC' 3 By: CLc-c M gro Tiare Penrose, Controller (Specify Title) CITY OF OSHKOSH ,,/' By: -- z/1"/ ' i 7 Mark A. Rohloff, City Manager ?W' ness) `y (, /7 And:`ow A L /1/ ( itness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ity Atto'�: j C? ( -' City Comptroller 4 zyie/ n-- CITY CENTER PARKING STRUCTURE 2013 REPAIRS SEPTEMBER 2013 SECTION 00300- BID FORM PART I -GENERAL 1.1 Description A. Included herein are Bid Forms which shall be completed and submitted in accordance with the bidding requirements. Bidder shall submit two (2) sealed copies of bid by due date and time. PROJECT: City Center Parking Structure 2013 Repairs 1 North Main Street Oshkosh, WI 54901 BID SUBMITTED TO: Oshkosh City Manager do City Clerk's Office, Room 104, City Hall P.O. Box 1130 Oshkosh, WI 54903 RECEIPT OF BIDS: Day: Friday Date: September 13, 2013 Time: 10:00 a.m. BID SUBMITTED BY: Justin Penrose, President BIDDERS NAME: Norcon Corporation BIDDERS ADDRESS: 5600 Municipal St. Schofield, WI 54476 TELEPHONE: 715.359.5808 DATE: September 11, 2013 CARL WALKER, INC. PROJECT NO. R1-2011-483.01 BID FORM CITY CENTER PARKING STRUCTURE 2013 REPAIRS SEPTEMBER 2013 B. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City of Oshkosh in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. C. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for thirty days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents as specified in the Instructions to Bidders. D. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: 1. BIDDER has examined copies of all the Contract Documents and of the following Addenda: Dated Addendum Number (receipt of all of which is hereby acknowledged) and also copies of the Invitation for Bids and the Instructions to Bidders. 2. BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. 3. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over the City of Oshkosh. CARL WALKER, INC. PROJECT NO. R1-2011-483.01 BID FORM CITY CENTER PARKING STRUCTURE 2013 REPAIRS SEPTEMBER 2013 E. BIDDER agrees that the Work will substantially completed by November 18, 2013 based on a 4-week duration. F. The CONTRACTOR shall not subcontract any work performed or any materials to be furnished in the performance of this Contract without the written consent of the OWNER. If the CONTRACTOR shall sublet any part of this Contract, the CONTRACTOR shall be as fully responsible to the OWNER for acts and omissions of his subcontractor and of the persons either directly or indirectly employed by this subcontractor, as he is for the acts and omissions of persons directly employed by himself. The CONTRACTOR shall provide a complete list of all subcontractors and materials provided for written approval by the OWNER. This list shall be provided to the OWNER within three (3) business days of the bid opening and subject to approval by the OWNER prior to the award of the contract. G. The following information will be supplied per the requirements of the Instructions to Bidders: 1. Identify all subcontractors and other persons and organizations proposed for those portions of the Work listed below. Description of Work Manufacturer Installer self performed a. Concrete Repair (03370) self performed b. Expansion Joint Sealants (07910) 2. Submit a Substitution Listing per the Requirements of the Instructions to Bidders. 3. Provide a paragraph describing the materials and type of construction proposed for the dust and fume protection system. 4. Total project base bid shall include the summation of lump sum bids described in paragraph G.5, plus the summation of unit prices multiplied by the estimated quantities in paragraph G.6. Items with zero estimated quantities shall not be added to cost. Work items identified in paragraph G.7 shall be alternates to the Contract. 5. Contractor shall submit a lump sum Contract price for all work included in the Drawings and Specifications except as modified herein. Costs for sealants and deck coating indicated in details should not be included in lump sum cost, unless noted. Lump sum price shall include all costs to provide, install, and/or repair work items including, but not limited to, CARL WALKER, INC. BID FORM PROJECT NO. R1-2011-483.01 CITY CENTER PARKING STRUCTURE 2013 REPAIRS SEPTEMBER 2013 labor, material, equipment, supervision, overhead, profits, etc. Specific lump sum work is described below: a. Item 1, Project mobilization, shall include General Contractor and Subcontractor mobilization costs. Include permits, temporary offices, bonding costs, etc. Provide itemized breakdown. b. Item 2, Project General Requirements and all miscellaneous costs associated with completion of work in accordance with the Construction Documents. This shall include, but not be limited to, staging, barricades, cleanup, dust and fume control, layout, equipment, waste disposal, documentation, obstruction removal and replacement, etc. c. Item 3, Remove and replace spandrel panel sealants. d. Item 4, Apply surface sealer to all supported slab surfaces. e. Work Items: Description Ref. Spec. or Details Units Bid Price 1. Project Mobilization Divs. 0 & 1 L.S. $8,000.00 2. Project General L.S. $4,000.00 Requirements Divs. 0 & 1 3. 100% Spandrel Panel Det. 5&6/SK-5 L.S. $ 15,700.00 Haunch Re-Grouting 4. Expansion Joint Installation 07910, 7/SK-6 L.S. $ 12,780.00 5. Paint FRP and install SK-1&2 L.S. $ 3,150.00 new drip edge. 6. Provide unit prices for items listed in the following bid tables. These items shall be included in the project base bid. Unit prices shall include all costs to provide, install, and/or repair work item including, but not limited to, labor, materials, equipment, supervision, overhead, profits, etc. a. Quantities beyond those estimated shall be paid at the stated unit price, quantities less than estimated will be deducted from the Contract. Quantities may be distributed throughout the project, not necessarily in a single location. Unit prices may be modified by paragraphs G.11. CARL WALKER, INC. PROJECT NO. R1-2011-483.01 BID FORM CITY CENTER PARKING STRUCTURE 2013 REPAIRS SEPTEMBER 2013 b. All prices to include demolition, unless noted. Unit Price Items Item Description Reference Unit Quantity Unit Total Cost Division 3 - Concrete 3.01 Ceiling Spall Repair 2/SK-3 SF 20 $260.00 $5,200.00 3.02 Spandrel Panel Vertical Repair 4/SK-4 SF 15 $185.00 $2,775.00 3.03 Epoxy Inject Spandrel Panel 03710 LF 20 Cracks $225.00 $4,500.00 15.01 Replace Damaged Drain Piping 015400 LF 15 $190.00 $2,850.00 7. Contractor shall provide unit cost for items listed in the following bid table. These items are not part of the current construction package, but shall be considered as alternate work to be performed at the City's option at the cost given. Contract period will not be extended if alternates are accepted. a. Alternate Items are as follows: Alternate Items Item Description Reference Unit Quantity Unit Total Cost A.01 Sealant Replacement at Perimeter 07900 LS 1 $4,500.00 $4,500.00 of Stairwell Windows A.02 Spandrel Panel Grout Pocket 3/SK-4 Ea. 30 $85.00 $2,550.00 8. BIDDER will complete the Work for the following price: a. BASE BID CONTRACT PRICE Forty-Three Thousand, Six (use words) Hundred Thirty and no/100 DOLLARS ($43,630.00 ) (figures) b. The total base bid Contract price includes the following breakdown: 1) Summation of Lump Sum Contract Prices $43,630.00 CARL WALKER, INC. PROJECT NO. R1-2011-483.01 BID FORM CITY CENTER PARKING STRUCTURE 2013 REPAIRS SEPTEMBER 2013 (Paragraph G5) 2) Summation of Unit Prices $ 15,325.00 Items (Paragraph G6) Total $58,955.00 9. Description of Abbreviations: a. L.F. = Lineal Feet b. EA. = Each c. S.F. = Square Feet d. L.S. = Lump Sum e. LBS. = Pounds f. N.A. = Not Applicable g. Allow= Allowance 10. The quantities appearing in the preceding Schedule (paragraph G.6.d) are approximate only and are prepared for comparison of bids. Payment to the Contractor will be made only for the actual quantities of Work performed and accepted in accordance with the contract unit prices. Any item and/or section within the Work may be deleted by the City. a. Refer to Drawings and Specifications for other Work required as part of this Contract but not listed in the above schedule (paragraph G.5). 11. The quantities of Work to be done at the unit price stated may be decreased or increased by 25 percent of the scheduled quantities. Where the quantity of Work is increased by more than 25 percent, the unit price for additional work shall be decreased by 10 percent. Where the quantity of Work is decreased by more than 25 percent, the unit price shall be factored by the Following: a. Factored Price = Bid Price + 0.10 (Contr Qty-Const Qty) Construction Quantity b. No price increase of more than 10 percent. c. The unit price for items with estimated quantity of zero shall not be increased or decreased. CARL WALKER, INC. PROJECT NO. R1-2011-483.01 BID FORM CITY CENTER PARKING STRUCTURE 2013 REPAIRS SEPTEMBER 2013 12. The terms used in this Bid which are defined in the General Conditions of the Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. a. The quantities appearing in the preceding Schedule have been measured or estimated by the Engineer. Contractor may rely upon these quantities in preparation of the base Bid. b. Where the quantity of Work is increased by more than 25 percent, the unit price shall be decreased by 10 percent c. Note that the items provided in the above list do not represent all of the General Requirement Work required by this Contractor. 13. The Bidder, by its officers and its agents or representatives present at the time of filing this Bid, being duly sworn on their oaths, say that neither they nor any of them have in any way directly or indirectly entered into any arrangement or agreement with any other Bidder, or with any officer of the City of Oshkosh, or Carl Walker, Inc. whereby such affiant or affiants has paid or is to pay such other Bidder or officer any sum of money, or has given is to give to such other Bidder or officer anything of value whatever; that such affiant or affiants has not directly or indirectly, entered into any arrangement or agreement with any other free competition in the letting of the Contract sought for by the attached Bids; that no inducement of any form or character other than that which appears on the face of the Bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the Bid or awarding of the Contract; that this Bidder has no agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the Contract sought by this bid. By Norcon Corporation (Corporation Name) Wisconsin (State of Incorporation) f-� '�lk By Justin Penrose / r�' COF?ORATE '+r (Na • o 'erson hot-. to Sign) L=AL President CF CARL WALKER, INC. PROJECT NO. R1-2011-483.01 BID FORM CITY CENTER PARKING STRUCTURE 2013 REPAIRS SEPTEMBER 2013 (Title) (Corporate Seal) A Attest John Penrose 4 f (Secretary) /I/ 7 Business Address 5601/Municipal St., Schofield WI 54476 Phone No. 715.359.5808 Date: September 11, 2013 PART 2 - PRODUCTS 2.1 Not used. PART 3 - EXECUTION 3.1 Not used. END OF SECTION CARL WALKER, INC. PROJECT NO. R1-2011-483.01 BID FORM Bid Bond The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Norcon Corporation as Principal, hereinafter called the Principal, and Old Republic Insurance Company P.O. Box 789, Greensburg, PA 15601-0789 a corporation duly organized under the laws of the State of Pennsylvania as surety, hereinafter called the Surety are held and firmly bound unto City of Oshkosh 215 Church Ave P.O. Box 1130 Oshkosh, WI 54901 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount******************************************* Dollars ($ 5% of Bid Amount ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. W H E R E A S, the Principal has submitted a bid for City Center Parking Structure 2013 Repairs NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and seale this 10 th day of September 20 13 (-24*1 YI/- /20).ge° Norcon Corporation Witness (seal) By: (Tit- ' 7 istin , President /1/4// Old Republic Insurance Company Witness Karl. K. H= ro` (seal) sst J Robert Downey itle) Attorney in Fact 1 AIA Document No.A310 *1k * OLD REPUBLIC LVSU RAN C'L C:011ll'..VS ** * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC INSURANCE COMPANY,a Pennsylvania stock insurance corporation,does make,constitute and appoint: MICHAEL J. DOUGLAS, CHRIS M. STEINAGEL, CHRISTOPHER MATHER KEMP, ROBERT S`DOWNEY CONNIE SMITH, OF HUDSON, WI its true and lawful Attorney(s)-in-Fact,with full power and authority,not exceeding$20,000,000,for and on behalf of the Company as surety,to execute and deliver and affix the seal of the Company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof, (other than self-insurance workers compensation bonds guaranteeing:payment of benefits,asbestos abatement contract bonds,waste manage- ment bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF TEN MILLION DOLLARS ($10,000,000) FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC INSURANCE COMPANY thereby,and all of the acts of said.Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This document is not valid unless printed on colored background and is multi-colored. This appointment is made under and by authority of the board of directors at a meeting held on May 12,2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC INSURANCE COMPANY on May 12,2010. RESOLVED FURTHER,that the chairman, president or any vice president of the Company's surety division,in conjunction with the secretary or any assistant secretary of the Company, be and hereby are authorized and directed to execute and deliver,to such persons as such officers of the Company may deem appropriate,Powers of Attorney in the form presented to and attached to the minutes of this meeting,authorizing such persons to execute and deliver and affix the seal of the Company to bonds,undertakings,recognizances,and suretyship obligations of all kinds, other than bail bonds,bank depository bonds,mortgage deficiency bonds, mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds. The said officers may revoke any Power of Attorney previously granted to any such person. The authority of any Power of Attorney granted by any such officer of the Company as aforesaid shall not exceed twenty million dollars($20,000,000.00),except(a)bonds required to be filed as open penalty bonds,and(b)bonds filed with any court or governmental authority requiring an unlimited penalty in bonds filed in that court. RESOLVED FURTHER,that any bond, undertaking,recognizance,or suretyship obligation shall be valid and binding upon,the Company (i)when signed by the chairman,president or any vice president of the Company's surety division and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by a duly authorized Attorney-in-Fact and sealed with the seal of the Company(if a seal be required). RESOLVED FURTHER,that the signature of any officer designated above,and the seal of the Company,may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed..: IN WITNESS WHEREOF,OLD REPUBLIC INSURANCE COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 9TH day of MARCH, 2012. OLD REPUBLIC INSURANCE COMPANY N N ull �Naun�tia, //�y i 11 SEAL j" O t 6 AssQ-nt Secretary `e a Vice President /�� ;;;.;;;• ' ' 'll'ily/41x1111111111\N\\\ STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this. 9TH. day of MARCH, 2012 ,personally came before me, GERALD C. LEACH and PHYLLIS M.JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say;that they are said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said organization. - . LYkkeSilL(d)q(61,0e- A G Notary Public of _. My commission expires: 12/02/2012 CERTIFICATE I,the undersigned,assistant secretary of the OLD REPUBLIC INSURANCE COMPANY,a Pennsylvania corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force.:. 24-5172 out Signed and sealed the City of Brookfield,WI this k) day of f Q ,>asun; 9 tY Y 110'1 6 3 ay�4 PR SEAL i;_" 11.11NIIIIIINI\N\ _ .. J. RYAN BONDING INC. • • r, u„aa, 11006-R:(5-10) p,,....4,N NORCCOR-01 ROPA ---- DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 9/26/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (920)739-7711 CONTACT Customer Support Willis of Wisconsin,Inc:Appleton PHONE (NC,No,Ext),920-739-7711 (A/c,No): 920-739-1543 122 E.College Avenue E-MAIL City Center East,2nd Floor ADDRESS:certrequests.ds @willis.com Appleton,WI 54911 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Valley Forge Insurance Co INSURED Norcon Corporation INSURER B:Continental Casualty Co 5600 Municipal St INSURER C: Schofield,WI 54476-4321 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT POLICY R TYPE OF INSURANCE N V MI SR WD POLICY NUMBER (MDIYYYY) (MM!DD!YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 5082848555 1/1/2013 1/1/2014 DAMAGE 1( a oc fED 300,000 PREMISES{Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG �$ 2,000,000 7 POLICY X 78f LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) _$ A X ANY AUTO X 5082848538 1/1/2013 1/1/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS ANON-OWNED PROPERTY DAMAGE $ Per accident) X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS UAB ,CLAIMS-MADE X 5082848524 1/1/2013 1/1/2014 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X W'C STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y A ANY PROPRIETOR/PARTNER/EXECUTIVE N!A WC 5082848541 1/1/2013 1/1/2014 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) See attached page. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Clerk 215 Church Avenue AUTHORIZED REPRESENTATIVE PO Box 1130 Oshkosh,WI 54903-1130 .. -- -- � - I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NORCCOR-01 ROPA PAGE 1 OF 1 DESCRIPTION OF OPERATIONS - Norcon Corporation City of Oshkosh 5600 Municipal St Attn: City Clerk Schofield,WI 54476-4321 215 Church Avenue PO Box 1130 Oshkosh,WI 54903-1130 Blanket Waiver of Subrogation applies to the general liability when required by written contract or agreement. Blanket Additional Insured-Owners,Lessees or Contractors-With Products-Completed Operations Coverage Form G-140331-C (10110)applies to the general liability when required in a written contract or agreement. Additional Insureds on all Liability Policies arising out of project work shall be City of Oshkosh,and its officers,council members, agents,employees and authorized volunteers. 30 day notice of cancellation applies except in the event of non-payment of premium per policy provisions. * * * Bond# MCN 2127506 * * PERFORMANCE BOND * * The American Institute of Architects, * * AIA Document No.A312(December,1984 Edition) * * * Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): OWNER(Name and Address): Norcon Corporation City of Oshkosh 5600 Municipal St P.O. Box 1130 Schofield, WI 54476 Oshkosh, WI 54901 CONSTRUCTION CONTRACT SURETY(Name and Principal Place of Business): Date: 09/25/2013 Old Republic Insurance Company P.O. Box 789 Amount: $66,005.00 Greensburg, PA 15601-0789 Description(Name and Location): City Center Parking Structure 2013 Repairs, Oshkosh, WI Project No. R1-2011-483.01 BOND Date(Not earlier than Construction Contract Date): 09/25/2013 Amount: $66,005.00 Modifications to this Bond: ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company:Norcon Corporation (Corporate Seal) Company: (Corporate Seal) Old Republic Insu once ompany Signature: Signature: Name a usti e, President Name and Title: Chris Steinagel, Attorney-in-Fact (Any itional signatures appear on page 2.) (FOR INFORMATION Only-Nome,Address end Telephone) OWNER'S REPRESENTATIVE(Architect,Engineer or other AGENT or BROKER: J. Ryan Bondin Inc. party) Owner P.O. Box 465, Hudson, WI 5401$00-535-0006 1 The Contractor and the Surety,jointly and severally,bind them- 3.3 The Owner has agreed to pay the Balance of the Contract Price selves,their heirs,executors,administrators,successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract,which Contract or to a contractor selected to perform the Construction is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract,the Surety and Owner. the Contractor shall have no obligation under this Bond,except to par- 4 When the Owner has satisfied the conditions of Paragraph 3,the tictpate in conferences as provided in Subparagraph 3.1. Surety shall promptly and at the Surety's expense take one of the 3 If there is no Owner Default/the Surety's obligation under this Bond following actions: shall arise after: 3.1 The Owner has notified the Contractor and the Surety at Its 4.1 Arrange for the Contractor with consent of the Owner,to address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract;or sidering declaring a Contractor Default and has requested and 4.2 Undertake to perform and complete the Construction Contract attempted to arrange a conference with the Contractor and the itself,through its agents or through Independent contractors;or Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner,the Contractor and the Surety agree,the Contractor acceptable to the Owner for a contract for performance and corn- shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract,arrange for a contract to be tract,but such an agreement shall not waive the Owner's right,if prepared for execution by the Owner and the contractor selected any,subsequently to declare a Contractor Default;and with the Owner's concurrence,to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract.Such the bonds issued on the Construction Contract,and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3.1;and resulting from the Contractor's default;or ORSC 22110 i10-031 Page 1 of 2 4.4 Waive its right to perform and complete,arrange for completion, accrue on this Bond to any person or entity other than the Owner or Or obtain a new contractor and with reasonable promptness under its heirs,executors,administrators or successors. the circumstances: 3 The Surety hereby waives notice of any change,including changes .1 After Investigation,determine the amount for which It may of time,to the Construction Contract or to related subcontracts, be liable to the Owner and, as soon as practicable after purchase orders and other obligations. the amount is determined,tender payment therefor to the a Any proceeding, legal or equitable,under this Bond may be Owner;or instituted in any court of competent jurisdiction in the location in which .2 Deny liability in whole or in part and notify the Owner citing the work or part of the work is located and shall be instituted within reasons therefor. two years after Contractor Default or within two years after the Con- tractor If the Surety does not proceed as provided in Paragraph 4 with tractor ceased working or within two years alter the Surety refuses reasonable promptness,the Surety shall be deemed to be in default or fails to perform its obligations under this Bond,whichever occurs on this Bond fifteen days after receipt of an additional written notice tl • i the m pelo d of imi Paragraph ion available are void r ties a prohibited of law, from the Owner to the Surety demanding that the Surety perform its the minimum period of limitation available to sureties as a defense Obligations under this Bond,and the Owner shall be entitled to enforce in the jurisdiction of the suit shall be applicable. any remedy available to the Owner.If the Surety proceeds as provided 10 Notice to the Surety,the Owner or the Contractor shall be mailed in Subparagraph 4,4,and the Owner refuses the payment tendered or delivered to the address shown on the signature page. or the Surety has denied liability,in whole or in part,without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner. to be performed,any provision in this Bond conflicting with said statu- e After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted herefrom and the Construction Contract, and if the Surety elects to act under provisions conforming to such statutory or other legal requirement Subparagraph 4.1,4.2,or 4.3 above,then the responsibilities of the shall be deemed incorporated herein.The Intent is that this Bond shall Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond. under the Construction Contract,and the responsibilities of the Owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price The total amount payable by Construction Contract.To the limit of the amount of this Bond,but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract all proper adjustments have been made,including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract,the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6,1 The responsibilities of the Contractor for correction of defec- which the Contractor is entitled,reduced by all valid and proper five work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 6.2 Additional legal design professional and delay costs resulting 12.2 Construction Contract:The agreement between the Owner from the Contractor's Default,and resulting from the actions or and the Contractor identified on the signature page,including all failure to act of the Surety under Paragraph 4;and Contract Documents and changes thereto. 6.3 Liquidated damages,or if no liquidated damages are sped- 12.3 Contractor Default:Failure of the Contractor,which has neither fled in the Construction Contract. actual damages caused by been remedied nor waived,to perform or otherwise to comply with delayed performance or non-performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default:Failure of the Owner,which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived,to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations.No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Company: Address: Address: Name and Title: Name and Title: Signature: Signature: ORSC 22119(10-93) Page 2 of 2 • * * * * Bond# MCN 2127506 * * PAYMENT BOND * The American Institute of Architects,AIA Document No.A312 * * ♦ * (December, 1984 Edition).Any singular reference to Contractor,Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Norcon Corporation Old Republic Insurance Company 5600 Municipal St P.O. Box 789 Schofield, WI 54476 Greensburg, PA 15601-0789 OWNER(Name and Address): City of Oshkosh P.O. Box 1130 Oshkosh, WI 54901 CONSTRUCTION CONTRACT Date: 09/25/2013 Amount: $66,005.00 Description(Name and Location): City Center Parking Structure 2013 Repairs, Oshkosh, WI Project No. R1-2011-483.01 BOND Date(Not earlier than Construction Contract Date): 09/25/2013 Amount: $66,005.00 Modifications to this Bond: iN None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: Norcon Corporation (Corporate Seal) Company:Old Republic Insurance Compan�Corporate Seal) • Signature: - — Signature: Name and I . Justin P , President Name and Title: Chris Steinagel, Attorney-in-Fact (Any ad • nal signatures Dear on case 2.1 (FOR INFORMATION ONLY—Name,Address and Telephone) OWNER'S REPRESENTATIVE(Architect,Engineer or other AGENT or BROKER: J. Ryan Bonding, Inc. party): Owner P.O. Box 465, Hudson, WI 54016 800-535-0006 1 The Contractor and the Surety,jointly and severally,bind them- 4.1 Claimants who are employed by or have a direct contract with the selves,their heirs,executors,administrators,successors end assigns Contractor have given notice to the Surety(at the address described to the Owner to pay for labor,materials and equipment furnished for in Paragraph 12)and sent a copy,or notice thereof,to the Owner, use in the performance of the Construction Contract,which is incor- stating that a claim Is being made under this Bond and,with sub- porated herein by reference. stantial accuracy,the amount of the claim. 2 With respect to the Owner,this obligation shall be null and void if 4.2 Claimants who do not have a direct contract with the Contractor: the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, 2.1 Promptly makes payment,directly or Indirectly,for all sums due or notice thereof,to the Owner,within 90 days after having last Claimants,and performed labor or last furnished materials or equipment Included 2.2 Defends,indemnifies and holds harmless the Owner from in the claim stating,with substantial accuracy,the amount of the claims,demands,liens or suits by any person or entity whose claim and the name of the party to whom the materials were fur- claim,demand,lien or suit is for the payment for labor,materials nished or supplied or for whom the labor was done or performed; or equipment furnished for use in the performance of the Construe- and tion Contract,provided the Owner has promptly notified the Con- .2 Have either received a rejection in whole or in part from the Con- tractor and the Surety(at the address described in Paragraph 12) tractor,or not received within 30 days of furnishing the above notice of any claims;demands,liens or sults and tendered defense of any communication from the Contractor by which the Contractor such claims,demands,liens or suits to the Contractor and the has indicated the claim will be paid directly or indirectly;and Surety,and provided there is no Owner Default. .3 Not having been paid within the above 30 days,have sent a 3 VVith respect to Claimants,this obligation shall be null and void if written notice to the Surety(at the address described in Paragraph the Contractor promptly makes payment,directly or Indirectly,for all 12)and sent a copy,or notice thereof,to the Owner,stating that sums due. a claim is being made under this Bond and enclosing a copy of 4 The Surety shall have no obligation to Claimants under this Bond until: the previous written notice furnished to the Contractor. owc Z2114(7.iu) Page 1 of 2 5 If a notice required by Paragraph 4 Is given by the Owner to the Con- Paragraph are void or prohibited by law,the minimum period of limi- tractor or to the Surety,that is sufficient compliance. tatlon available to sureties as a defense In the jurisdiction of the suit 6 When the Claimant has satisfied the conditions of Paragraph 4,the shall be applicable. Surety shall promptly and at the Surety's expense take the following 12 Notice to the Surety,the Owner or the Contractor shall be mailed actions: or delivered to the address shown on the signature page.Actual 6.1 Send an answer to the Claimant,with a copy to the Owner, receipt of notice by Surety,the Owner or the Contractor,however within 45 days after receipt of the claim,stating the amounts that accomplished,shall be sufficient compliance as of the date received are undisputed and the basis for challenging any amounts that are at the address shown on the signature page. disputed. 13 When this Bond has been furnished to comply with a statutory or 6.2 Pay or arrange for payment of any undisputed amounts. other legal requirement in the location where the construction was 7 The Surety's total obligation shall not exceed the amount of this to be performed,any provision In this Bond conflicting with said statu- Bond,and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrom and made in good faith by the Surety. provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor under the Construc- shall be deemed incorporated herein.The intent is that this Bond shall tion Contract shall be used for the performance of the Construction be construed as a statutory bond and not as a common law bond. Contract and to satisfy claims,if any,under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential mance Bond.By the Contractor furnishing and the Owner accepting beneficiary of this Bond,the Contractor shall promptly furnish a copy this Bond,they agree that all funds earned by the Contractor In the of this Bond or shall permit a copy to be made. performance of the Construction Contract are dedicated to satisfy obit- 15 DEFINITIONS gations of the Contractor and the Surety under this Bond,subject to 15.1 Claimant:An individual or entity having a direct contract with the Owner's priority to use the funds for the completion of the work. the Contractor or with a subcontractor of the Contractor to furnish 9 The Surety shall not be liable to the Owner,Claimants or others for labor,materials or equipment for use in the performance of the obligations of the Contractor that are unrelated to the Construction Contract.The intent of this Bond shall be to include without limi- Contract.The Owner shall not be liable for payment of any costs or Cation in the terms"labor, materials or equipment that part of expenses of any Claimant under this Bond,and shall have under this water,gas,power,light,heat,oil,gasoline,telephone service or Bond no obligation to make payments to,give notices on behalf of, rental equipment used in the Construction Contract,architectural or otherwise have obligations to Claimants under this Bond. and engineering services required for performance of the work of 10 The Surety hereby waives notice of any change,including changes the Contractor and the Contractor's subcontractors,and all other of time,to the Construction Contract or to related subcontracts,pur- items for which a mechanic's lien may be asserted in the jurisdic- chase orders and other obligations. tion where the labor,materials or equipment were furnished. 11 No suit or action shall be commenced by a Claimant under this 15.2 Construction Contract:The agreement between the Owner Bond other than in a court of competent jurisdiction in the location and the Contractor identified on the signature page,including all in which the work or part of the work is located or after the expiration Contract Documents and changes thereto. of one year from the date(1)on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3,or(2)on which the last 15.3 Owner Default:Failure of the Owner,which has neither been labor or service was performed by anyone or the last materials or remedied nor waived,to pay the Contractor as required by the Con- equipment were furnished by anyone under the Construction Con- struction Contract or to perform and complete or comply with the tract,whichever of(1)or(2)first occurs. If the provisions of this other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) (Corporate Seal) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: Page2of2 ** ** OLD REPUBLIC LNSURANt:E COMPANY ** * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC INSURANCE COMPANY,a Pennsylvania stock insurance corporation,does make,constitute and appoint: MICHAEL J. DOUGLAS, CHRIS M. STEINAGEL, CHRISTOPHER MATHER KEMP, LISA B FLIPP, ROBERT S DOWNEY, OF HUDSON, WI its true and lawful Attorney(s)-in-Fact,with full power and authority,not exceeding$20,000,000,for and on behalf of the Company as surety,to execute and deliver and affix the seal of the Company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof, (other than self-insurance workers compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste manage- ment bonds,hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF FIVE MILLION DOLLARS($5,000,000) FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC INSURANCE COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This document is not valid unless printed on colored background and is multi-colored. This appointment is made under and by authority of the board of directors at a meeting held on May 12,2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC INSURANCE COMPANY on May 12,2010. RESOLVED FURTHER,that the chairman, president or any vice president of the Company's surety division,in conjunction with the secretary or any assistant secretary of the Company,be and hereby are authorized and directed to execute and deliver,to such persons as such officers of the Company may deem appropriate,Powers of Attorney in the form presented to and attached to the minutes of this meeting,authorizing such persons to execute and deliver and affix the seal of the Company to bonds,undertakings,recognizances,and suretyship obligations of all kinds, other than bail bonds,bank depository bonds,mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds. The said officers may revoke any Power of Attorney previously granted to any such person. The authority of any Power of Attorney granted by any such officer of the Company as aforesaid shall not exceed twenty million dollars($20,000,000.00),except(a)bonds required to be filed as open penalty bonds,and(b)bonds filed with any court or governmental authority requiring an unlimited penalty in bonds filed in that court. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i)when signed by the chairman,president or any vice president of the Company's surety division and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by a duly authorized Attorney-in-Fact and sealed with the seal of the Company(if a seal be required). RESOLVED FURTHER,that the signature of any officer designated above,and the seal of the Company,may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,OLD REPUBLIC INSURANCE COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 2ND day of AUGUST, 2011. OLD REPUBLIC INSURANCE COMPANY P �i' 12! SEAL is // ►�,.,�! .�. _ '.y Oj4 n,y,ss ,? Asst.nt Secretary o`, ' V ce President /iy/NIIIIIIt11,1uN` STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this 2ND day of AUGUST, 2011 ,personally came before me, GERALD C. LEACH and PHYLLIS M.JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say;that they are said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said organization. (ch41'€.- Notary Public * My commission expires: 12/02/2012 CERTIFICATE I,the undersigned,assistant secretary of the OLD REPUBLIC INSURANCE COMPANY,a Pennsylvania corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. 24-5172 „uNI rrru; Signed ar,d sealed at the City of Brookfield,WI this S�� day of 5..e Pt. ,nO/ 3 •v�N311R� ". SEAL i, /WINIIMI 1N J. RYAN BONDING INC. %1111111111=1111111111r- 1 11006-R(5-10) ORSC#22851-1