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Home My WebLink AboutPW CNT 14-40/Dorner, Inc 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: Dorner, Inc. Date: October 31, 2014 E506 Luxemburg Road Pro�ect: Contract 14-10 Luxemburg, WI 54217 From: Carol Marchant, Adm. Assistant Re: Grading/graveling & utility constr. Attn: Southwest Industrial Park 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 Quantit Descri tion 1 Full executed Contract 14-10 — Gradin / ravelin & utilit construction Southwest Industrial Park These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review&Comment Remarks: cc: City Clerk (original) Public Works, Engineering (original) City Attorney (copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 15'" day of October, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and DORNER, INC., E506 Luxemburg Road, �uxemburg, WI 54217, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perForm all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 14-10 Grading/graveling and utility construction in the Southwest Industrial Park, for the Public Works Department, pursuant to Resolution 14-448 adopted by the Common Council of the City of Oshkosh on the 14th day of October, 2014, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the Special Conditions and/or CONTRACTOR's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of $3,407,144.71, adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the Contract the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. (b) Progress Payments. 1 In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY 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 the CONTRACTOR, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coveraqe and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this Contract, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This Contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The City's Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids 6. Contractor's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. 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 which follows it numerically except as may be otherwise specifically stated. 2 * ` . IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word ' "CONTRACTOR" wherever used in this Contract means the party of the second part and � its/his/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR DORNER, INC. � �T�+�-L� VV i/fµK� �� U [Jth� T By� Pres ' (Seal �f Contractor (Specify Title) if a Corp�ration.) By: (Specify Title) CITY OF OSHKOSH ,,//� " By: .�-�%...,�>��1'�'�-°°. �"� ��_ Ma k A. Rohloff, City Man ger � (Witn ss) _._.._._.__ _ � �� - �J�� - - �� ( ' lk: � And. L ' � �\_ �r�� ( i ness) Pamela R. Ubrig, City CI rk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract ttorney ity Comptro er 3 . ��1 � DATE(MM/DD/YYYY) �`�° CERTIFICATE OF LIABILITY INSURANCE �o„S,ZO,4 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). c PRODUCER CONTACT . � NAME: � Aon Risk Services Central, Inc. Green Bay WI Offi ce (AIONNo.Ext): �9Z0) 437-7123 F� No�: (920) 431-6345 _`yo 111 N. washington street, Suite 300 E-MAIL = P. O. BOX 23004 ADDRESS: Green Bay WI 54305-3004 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: ZUI'7CFI American Ins Co 16535 Dorner, Inc iNSUReRS: Travelers Property Cas Co of america 25674 E506 Luxemburg Road P. 0. Box 129 iNSUReRC: Greenwich Insurance Company 22322 �uxemburg wI 54217 usa INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570055598013 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 LTR T�'PE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYV MM DDIYVYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLO 4 - EACH OCCURRENCE Sl,OOO,OOO CLAIMS-MADE �OCCUR GENERAL LIABILITY DAMAGETORENTED $300�000 PREMISES Ea occurrence X XCU MED EXP(Any one person) $1�,�� PERSONAL&ADVINJURY $1,000,000 M x Contractual Liab o GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE SZ�OOO,OOO � POLICY ❑X PE� ❑X LOC PRODUCTS-COMP/OPAGG SZ,OOO�OOO � 0 OTHER: � r '4 AUTOMOBILE LIABILITY BAP9486222-03 06/Ol/2014 06/01�2015 COMBINED SINGLE LIMIT $1,OOO,OOO � AUTO Ea accident ,, X ANYAUTO BODILY INJURY(Per person) � Z ALLOWNED SCHEDULED BODILYINJURY(Peraccident) N AUTOS AUTOS lp NON-OWNED PROPERTY DAMAGE X HIREDAUTOS X AUTOS Peraccident w t'' N B X UMBRELLALIAB X OCCUR ZUP-15N94504-14-NF 06/O1/2014 06�01/2015 EqCH OCCURRENCE $8��0�� V UMBRELLA AGGREGATE $8,000,000 EXCESS LIAB CLAIMS-MADE DED RETENTION A WORKERS COMPENSATION AND WC9486224-03 06/Ol 2014 06 Ol/2015 X PER STATUTE OTH- EMPLOYERS'LIABILITY YIN WORKERS COMPENSATION ER ANY PROPRIETOR/PARTNER/EXECUTNE E.L.EACH ACCIDENT $SOO,OOO OFFICER/MEMBER EXCLUDED? � N�A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 5500,000 If yes,tlescnbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $SOO,000— C COntl'dCt01' PO11 PEC004101101 06/O1/2014 06/Ol/2015 EdCh occurrence $1,000,000— POLLUTION LIABILITY aggregate $1,000,000� SIR applies per policy ter s & condi ions � DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) �� RE: CONTRACT 14-10 SOUTHWEST INDUSTRIAL PARK EXPANSION (TID #23) PHASE III & IV UTILITIES. ADDITIONAL INSURED ON A PRIMARY i BASIS ON THE GENERAL LIABILITY CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES, AND AUTHORIZED VOLUNTEERS �'� AS RESPECTS THE PROJECT 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 INDICATED IN THE WRITTEN CONTRACT. :i=_ �� SJ CERTIFICATE HOLDER CANCELLATION � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE � EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE �� POLICY PROVISIONS. �� — CITY OF OSHKOSH AUTHORIZED REPRESENTATIVE ~y ATTN: CITY CLERK �� 215 CHURCH AVE w `:J)v l„ r�.,r�� '�r PO BOX 1130 !1// O_ !�C�/ �,l� � o5HKO5H wz 54903-1130 Usa J4�o�a ��eJs6v�ad C.1 �za. � � 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Additianal Insured — Autc�matic � (Jwners, I.essees t�r Z iJ RI C H Contrac�ors Policy No. Ef4. Oate ot PoI. Ezp. Date nf Pol. �ff.Date of End. Producer CUo. Add'I.Prem Reiurn Prem. THIS ENDQRSEMENT CHAIVGES THE PC?i.IGY. RLEASE READ IT CAREFU�LY, Named Insured:�C3RTV�k, �PdC. Address{including ZIP Code): �'.C,. I�`JX i29 I�r,1x.E�4�i�tTkc, ;tiz :�4'zi f This endorsement modiiies insurance provided under#he: Corrunercial General Liability Coverage Farf A. Section II —Who)s An Insured is amended to include as an additional insured any person or arganization whom you are required to add as an additianal insured on this policy under a written can#ra�t or written agreement. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whofe ar in part, by: 1. Your acts or omissions; ar 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations�r "your wark" as included in the "products-campleted operations hazard",which is the subject af ihe written cantract or writien agreement. However, the insurance afford�d to sueh additional insured: 1. Only applies to the extent permitted by faw;and 2. Will not be broader than that which you are required by tF�e written cantract or written agreement to provide for such additianal insured. B. With respect ta the insurance affarded to these additional insureds, the following additional exciusion applies: This insurance does not apply to: "Bodily injury", "property damage" or"personal and advertising injury"arising out of the rendering of, or#ailure to render, any professional architectural,engineering or surveying services including: a. The preparing, ap�roving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, ins�ection, architectural or engineering activities. This exclusion applies even if ihe claims against any insured allege negiigence ar other wrongdoing in the supervision, hiring, employment, training or monitoring of athers by that insured, if the "occurrence" which caused the 'bodily injury" or "properry darrrage", or the offense whict� caus�ed the "personal and advertising injury", involved the rendering of or the failure#o render any professional architectural, engineering or surveying services. U-GL-1775-F GW(G4;13) Page 1 of 2 Includ�s capyrighted material of Insurance Services C?ftice,Inc.,wit�its permissian. :nsu,ed cr�py C. The foilowing is added to Paragraph 2. �uties In The Event rJf Occurrence, Offense, Claim Or Suit of Section IV— Corrtrriercial General Liabili#y Conditions: The additional insured must see ta it thai: 1. We are notified as s4on as practicab6e of an "occurrence" ar offense that may result in a cl�im; 2. We receive written notice of a claini ar"suit"as se�on as practicable;and A requesi for defense and indemnity of the claim or "�uit" will promptly be f�rought against any policy issued by another insurer under which ihe additional insured rnay be an insured in any capaciry. This provision does r7ot apply to insurance on which the additional insured is a Named lnsured if th� written contract or written agreement requires that this coverage be primary and non-contributory. D. Far the purposes of the coverage provided by this endorsement: 1. The following is added to the C)#her Insurance Condition of Sectian tV—Cammercial General�iabiliry Conditions: Primary and Nancontributory insurance This insurance is primary ta and wiEl not seek contribution from any o#her insurance availabl� to an additional insured pravided that: a. The additianal insured is a Named Insured under such other insurance;and b. You are required by written contraci or written agreement tf�at this insurance be primary and not seek contribution from any other insurance available to the additipnal insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial Generel Liability Conditions: This insurance is excess aver: Any of the other insurance, whether primary, excess, contir�gent or an any other basis, available to an additional insured, in which the additional insured on our policy is also cavered as an additional insured on another policy providing coverage f4r ihe same °occurrenc�", af#ense, claim or "suiY'. This provisian does not apply to any policy in which the additianal insured is a Named Insured on sueh ath�er policy and where our poiicy is required by a written contract or written agreement to provide coveraga to the additional insured on a primary and non- contribuiory basis. E. This endorsement does nat apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance affarded to the addiiional insureds under this endorsement, the following is added to Section Ilf—Limits Of Insurance: The most we will pay on behalf of the additianal insured is the amount of insurance: 1. Required by the written contract nr written agreement referenced in Paragraph A of this endorsement; or 2. Available under the�pplicable Limits of tnsurance shown in ihe Declaratians, whichever is less. This endorsement shall nat increase the applicable Limits of Insurance shown in the Declarations. All other terms and canditions of this poiicy remain unchanged. U-GL-1 175-F CW�04113j Page 2 ot 2 lncludes copyrighted malerial afi tnsurance 5ervicesOfBce,Inc.,with its permission. �ns_��d cU;_xy Additional Insured — Automatic — Owners, Lessees Or �� m Contractors — Products-Completed Operations Liability ZURICH�� Amendment Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I.Prem Return Prem. GL09486223-03 6/1/14 6/1/15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address(including ZIP Code): This endorsement modifies insurance provided under the: Comriercial General Liability Coverage Part A Section II —Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I - Coverage A - Bodily Injury And Property Damage Liability and Section I -Coverage B- Personal And Advertising Injury Liability, but only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or"your work"as included in the"products-completed operations hazard", which is the subject of the written contract or written agreement, performed for the additional insured person or organization. C. However, regardless of the provisions of Paragraphs A and B.above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and c. Subject to C.1.a. and b. above, as respects "products�ompleted operations hazard"coverage, unless a claim or "suiY'for damages is presented to us no later than the following timeframes: (1) If no time requirement is stipulated in the written contract or written agreement, one year from the "products-completed operations hazard"completion date deemed applicable to 'your work"from which the loss originates; or (2) If a time requirement is stipulated in the written contract or written agreement, the lesser of: i. The stipulated time requirement; ii. The period expiring when any Statute of Repose applicable to the loss has been reached; or iii. 10 years from the"products�ompleted operations hazard"completion date deemed applicable to "your work"from which the loss originates; and U�L-1461-A CW(01/11) Page 1 of 2 Includescopyrighted material of Insurance Services Office,Inc.,with its permission. 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury"arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or "suiY'as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non�ontributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV—Commercial General Liability Cond'Rions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Cond'Rions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U�L-1461-A CW(01/11) Page2of2 Includescopyrighted material of Insurance Services Office,Inc.,with its permission. . Bond No: �124648 Maintenance Bond KNOW ALL MEN BY THESE PRESEN7'S,that we Dorner,lnc. hereinafter called Principal,as Principal,and Fidelity and Deposit Company of Maryland . a corporation of the State of Maryland , �hereinafter calted Surety.as Surety. are held and firmly bound unto Ciry of Oshkosh hercinafter called ObliQee in the sum of ��Milfion Four Hundred Seven Thousand One Hundrcd Forty-Fau�nd 71/100 DOLLARS,lawful money of the United States of America,to be paid to the said Obligee�or its successors or assi�ns,to the payment of which sum well and truly to be made, we do bind ourselves, our hoin, executon. administrao�s, successors and usigiu,jointly and scverafly,firtnly by these prosents. SIGNED,sealed and dated this 16� day of October � 2014 WHEREAS,the Principal entered into a contract with the said Obliga�dated �0/i S/2014 ro� Southwest Industrial Park Expansion iT'ID#23)Phases III dt IV Utilities;City Contract 14•10 and, WHEREAS,the Obligee requircs that these prcsenu be execuud on or before the f�nal completion and acceptance of said contract and WHEREAS,said convact was completed and accepted oo the 16th day of ��0�� 2014 , , NOW,THEREFORE,THE CONDII'ION OF THIS OBLI(3ATION!S SUCH,that if the Principal shall r�medy,without cost to the Obfiga,any defects which may develop during a period of Two Years from the date of compktion end acceptance of the work performed under the contrac� caused by defective a inferior materials or workmanship,then this obligation shall be void:otherwise it shall be snd remain in full force and ef�'tct. A S : Dornu,lnc. ey: ��=-,t c�y�r i ,l�'�t�r�e.r � Fideliry and Deposit Company of Maryland �� By: Molli J. H�nsen, Witness Robort Downey ,Anorney-in-Facc CONi0010ZZ0601f BOND#09124648 PERFORMANCEBOND KNOW ALL MEN BY THESE PRESENTS, that Dorner, Inc. , CONTRACTOR, as principai, and Fidelity and Deposit Company of Maryland ,as surety, are held attd firm(y bound unta the CITY OF OSHKOSH, WISCONSIN, OWNER, in the sum of Three Million Four Hundred Seven Thousand One Hundred Forty-Four and 71/100 (Dollars) �$3,407,144.7� ) to be paid to the OWNER for which payment well and truly to be made we jointiy and severa(!y bind ourseives, our heirs, executors, administrators, and assigns firmly to these presents. THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that N/A WHEREAS, the said Dorner, Inc. did, on the �5th day of october �, 20 14 , by a�ticles that date, enter into a Contract with the OWNER for the Southwest Industrial Park Expansion (TID#23) Phases III & IV Utilities City Contract 14-10 NOW, TNEREFORE, if the said CONTRACTOR shall save and hold haRnless the said OWNER from all public liability and damages of every deseription tn connection therewith, shall welf and faithfuliy in all things fuMll the said Contract, according to al!the conditions and stipula�ons therein contained, in all respects, and shall save and hold harmless the said OWNER from and against all liens and claims of every description in connection therewith, including payment for all materiais, labor and equipment, then this obligation shal! be void and of no effect, but otherwise, it shall remain in full force and virtue, and in the event that the sald OWNER shall extend the time for completion of the work or otherwise madify elements of the Contract in accordance with provisions thereof, such extensions of time or modifications of the Contract shall not in any way release the sureties of this bond. Page 1 of 2 � WITNFSS OUR HANDS AND SEALS this 16th�ay of october � 2014 Ir, the p�:se^ce of: �� Dorner, Inc. (SEAL} ` ��►•.�- (SEAL) Principal t'ts►' ef�^ Fidelity and Deposit Company of Maryland �SEAL) mara J. , ' ' ess (SEAL) Molli J. Hansen, W Surety Robert Do ney, Attorney-in Fact Page2of2 . ; , 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. MCCLELLAN, 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 Michael J.DOUGLAS,Chris STEINAGEL,Christopher M.KEMP,Robert DOWNEY and Connie SMITH,all of Hudson,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 CASUALTl'AND SURETl'COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITl'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 COMPANI'OF MARYLAND,this 19th day of February,A.D.2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �"°uti�► �o oc�oa, �,,'►�tns�,�"". r... lb ��}p"'°'�.,a ?y,��'oo"'°'y,.�.�'o�i 88AL � � � ` :�'�_,_° ; to5 ° �tM i =z; `�_ «r► . � 'u. 1�DC '� � =6`�. % !� lJI� 4�.n� iy j�'�'�'••'�,,�� Nyewu��P�, J� /"'�l �/�� s ��fr��/�St�1�� l � Assistant Secretary Vdce President Eric D.Barnes Thomas O.McClellan State of Maryland City of Baltimore On this 19th day of February,A.D.2013,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,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 aclrnowledged the execution of same,and being by me duly swom,deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instnxment 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 instnunent 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. .``��¢��i;'�,, �,......!�y '�'�.' S\.{%�. �,:.`� � ��..'ti'.. t `: � � �ti r . '.�_.L _.�.A,✓i^-r�. P11+1��:'ti L.(J'Y.�I,C.a .. , i��<,"....��ji�: ��I� "hi;jA . ��111111t1��\` Constance A.Dunn,Notary Public � My Commission Expires:July 14,2015 POA-F 184-0011A EXTRACT FROM BY-LAWS OF THE COMPANIES °Article V,Section 8,Attornevs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate tnay be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. TESTIMON WH REOP,I have ereunto subscribed my name and affixed the corporate seals of the said Companies, this �day of�'�,20 M�•� wp o[rpf� ..G�.N�4�'A �` � � s �' '0��., o ,b�'` �' � ��y C � o ��;��°timi «w O 's i�l: � : �•••• • i �u� :o: BBi�Y. . �. � � y��190E rj�� w,. .7 '.. %',?----`*�'� �' ~n�NwN� � ��,�+��1•� Geoffrey Delisio,Vice President