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Dorner Inc. & Oshkosh
� z CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 29th day of March, 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Dorner, Inc., E506 Luxemburg Road, Luxemburg,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. 17-05 for paving, sidewalk, driveway and utilities for Second Local Street Concrete Paving Program in the City of Oshkosh,for the Public Works Department, pursuant to Resolution 17-128 adopted by the Common Council of the City of Oshkosh on the 28th day of March, 2017, 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 Six Million Two Hundred Seventy Thousand Two Hundred Forty-Three Dollars and 32/100 ($6,270,243.32), 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. 1 (b) Progress Payments. 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 coverage 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 jnot 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 i 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 C 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. 2 i 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. 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. By: Pres 18 (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: - ark A. Rohloff, City Manager (Witness) And: (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract Q;4nTborensdr, ity Attorney dt,,m4 Trena Larson, City Comptroller 3 ( 6 Best Rating Services Fidelity and Deposit Company of Maryland A.M.Best#:000387 NAIC#:39306 FEIN#:133046577 Administrative Office View Additional Address Information Assigned to B SA, `004'6 +p 1299 Zurich Way insurance companies, xs1C Schaumburg,IL 60196-1056 that have,in our Aa or United States opinion,a superior ability to meet their ongoing insurance obligations. Web:www.zurichna.com Phone:800-987-3373 Fax:877-962-2567 View additional news,reports and products for this company. _......_..............._................................._...._._._............._........ ........... _..... ......._._..........._......._...._...... ......__.............._.................. ..................._.... Based on A.M.Best's analysis,050457-Zurich Insurance Group Ltd is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure.View a list of operating insurance entities in this structure. Best's Credit Ratings ;Financial Strength Rating View Definition Best's Credit Rating Analyst Rating: A+(Superior) Rating Issued by:A.M. Best Rating Services, Inc. Affiliation Code: g(Group) Senior Financial Analyst:Darian Ryan Financial Size Category: XV($2 Billion or greater) Senior Director:Michael J.Lagomarsino,CFA,FIRM Outlook: Negative Action: Affirmed Disclosure Information Effective Date: December 01,2016 __.. , .__.... Initial Rating Date: June 30, 1922 View A.M.Best's Rating Disclosure Form ...... Long-Term Issuer Credit Rating View Definition A.M.Best Affirms Credit Ratings of Zurich Insurance Company ....... ... ____ _ . . .. ._ � :) Limited and Its Main Rated Affiliates Long Term: aa- December 01,2016 Outlook: Negative Action: Affirmed Effective Date: December 01,2016 Initial Rating Date: September 14,2004 j u Denotes Under Review Best's Rating Rating History A.M. Best has provided ratings&analysis on this company since 1922. Financial Strength Rating Long-Term Issuer Credit Rating _..... ........._ Effective Date Rating Effective Date Rating 12/1/2016 A+ 12/1/2016 aa- 10/2/2015 A+ 10/2/2015 aa- 11/26/2014 a-11/26/2014 A+ 11/26/2014 aa- 11/21/2013 a- 11/21/2013 A+ 11/21/2013 aa- 11/27/2012 A+ 11/27/2012 aa- AMB Credit Reports AMB Credit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:3/31/2017(represents the latest significant change). 1 of 2 j��1, Historical Reports are available in AMB Credit Report Archive. F View additional news,reports and products for this company. Press Releases Date Title Dec 01,2016 A.M. Best Affirms Credit Ratings of Zurich Insurance Company Limited and Its Main Rated Affiliates Oct 02,2015 A.M.Best Affirms Ratings and Revises Outlook to Neciative for Zurich Insurance Company Limited and Some of Its Rated Affiliates Nov 26,2014 A.M. Best Affirms Ratings of Zurich American Insurance Company and Its Affiliates Nov 21,2013 A.M. Best Affirms Ratings of Zurich American Insurance Company and Its Affiliates Nov 27,2012 A.M. Best Affirms Ratings of Zurich American Insurance Company and Its Affiliates Nov 18,2011 A.M. Best Affirms Ratings of Zurich American Insurance Company and Its Affiliates Nov 19,2010 A.M. Best Upgrades Ratings of Zurich Insurance Company Limited's U.S.Subsidiaries Dec 17,2009 A.M. Best Affirms Ratings of Zurich Financial Services Ltd and Its Subsidiaries Dec 11,2008 A.M. Best Affirms Ratings of Zurich Financial Services; Revises Outlook on Ratings of Zurich Insurance Company to Stable Dec 11,2007 A.M. Best Revises Outlook on Ratings of Zurich Insurance Company to Positive;Affirms Ratings of Zurich Financial Services 1 2 Page size: 10 —.__............._._—..._............. 17 items in 2 pages ........... European Union Disclosures A.M.Best-Europe Rating Services Limited(AMBERS),a subsidiary of AM.Best Rating Services,Inc.,is an External Credit Assessment Institution(ECAI)in the European Union(EU).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures AM Best Asia-Pacific Limited(AMBAP),Australian Registered Body Number(ARBN No.150375287),is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services(AFS)Licence holder(AFS No.411055)under the Corporations Act 2001.Credit Ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only,as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy,hold or sell any securities or any other form of financial product,including insurance policies and are not a recommendation to be used to make investment/purchasing decisions. Important Notice:AM Best's Credit Ratings are independent and objective opinions,not statements of fact.AM.Best is not an Investment Advisor,does not offer investment advice of any kind,nor does the company or its Ratings Analysts offer any form of structuring or financial advice.AM Best's credit opinions are not recommendations to buy,sell or hold securities,or to make any other investment decisions.For additional information regarding the use and limitations of Credit Rating opinions,as well as the rating process,information requirements and other rating related terms and definitions,please view Understanding Best's Credit Ratings. About A.M.Best I Site Map I Customer Service I Member Center I Contact Info I Careers I Terms of Use I Privacy Policy I Security I Legal&Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2017 A.M.Best Company,Inc.and/or its affiliates ALL RIGHTS RESERVED. 2 of 2 qC�® DATE04! YYY) 3122017 CERTIFICATE OF LIABILITY INSURANCE 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on 2D this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTp NAME: Aon Risk Services Central, Inc. Green Bay WI office ac No.Ell): (920) 437-7123 (a0.No.): (920) 431-6345 B 111 N. Washington Street, Suite 300 E-MAIL S P. 0. BOX 23004 ADDRESS: Green Bay WI 54305-3004 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: BITCO National insurace Company 20109 Dorner, Inc INSURER B: BITCO General insurance Corporation 20095 E506 Luxemburg Road P. 0. BOX 129 INSURER C: Travelers Property Cas Co of America 25674 Luxemburg WI 54217 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570066029070 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 LTR TYPE OF INSURANCE INSD WVD ADDL SUER POLICY NUMBER MM/DDIYYYY MMIDDIYYYY POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLP 3 637 967 EACH OCCURRENCE $1,000,000 GENERAL LIABILITY DAMAGE TO RENTED $300,000 CLAIMS-MADE X❑OCCUR PREMISES Ea occurrence X XCU MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 r X Contractual Liab o GEN'L AGGREGATE LIMIT APPLIES PER:CT GENERAL AGGREGATE $2,000,OOO N POLICY ❑X PE ❑X LOC PRODUCTS-COMP/OP AGG $2,OOO,OOO 0 OTHER: o n A AUTOMOBILE LIABILITY CAP 3 637 968 06/01/2016 06/01/2017 COMBINED SINGLE LIMIT $1,000,000 AUTO Ea accident X ANY AUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident) .(D AUTOS ONLY AUTOS R X HIREDAUTOS X NON-OWNED PPR�OPPERdT ntDAMAGE .O- ONLY AUTOS ONLY I d C X UMBRELLA LIAB X OCCUR ZUP-15N94504-16-NF 06/01/2016 06/01/2017 EACH OCCURRENCE $8,000,000 U EXCESS LIAB CLAIMS-MADE UMBRELLA AGGREGATE $8,000,000 DED RETENTION B WORKERS COMPENSATION AND WC 3 637 966 06/01/201606/01/2017X STATUTE ETH- EMPLOYERS'LIABILITY Y/N WORKERS COMPENSATION ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $500,OOO OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000-- .616 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: PUBLIC WORKS CONTRACT" NO 17-05. ADDITIONAL INSURED ON THE GENERAL LIABILITY, AUTO AND UMBRELLA CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS AS RESPECTS TO 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. N� �J CERTIFICATE HOLDER CANCELLATION a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEj EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE m POLICY PROVISIONS. CITY OF OSHKOSH AUTHORIZED REPRESENTATIVE PO BOX 1130 C OSHKOSH WI 54903 USA air %;. cXXf372 c!�r�iLPf�L�d 1� �72�1. ism I ©1988-2015 ACORD CORPORATION.All rights reserved. i ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD BOND#9215196 PAYMENT BOND CM OF OSHKOSH Contract Number 17-05 Date Bond Executed(Date of Contractor Later) 04/03/2017 PRINCIPA14CONTI2ACTOR(Legal Name and Business Address) Type of Organization Domer, Inc. E506 Luxemburg Rd Individual _Partnership Luxemburg, WI 54217 X Corporation State of Incorporation Wisconsin SURETY(M)(Legal Name(s)and Business Address(es)) Penal Sum of Bond Fidelity and Deposit Company of Maryland $6,270,243.32 1299 Zurich Way Schaumburg, IL 60196 OWNER(Legal Name and Business Address) CITY OF OSIHKOsH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 i i OBLIGATION 'Elie Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Contract identified above,which is incorporated herein by reference,subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnities and holds harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety of claims,demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims,if any,under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Upon notice and tendering of claims as specified above,the Surety shall promptly and at Surety's expense defend, Indemnify and hold harmless the Owner against such claim,demand,lien or suit. Surety shall answer claimants, with a copy to Owner,within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to,or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered;or(ii)two(2)business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery;or(iv) upon transmission if by facsimile,email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Band that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Domer, Inc. Fidelity and Deposit Company of Maryland Name of Prindpal/Contractor Name of Surety Title Prest'rAv* Title Connie Smith, Attorney-in-Fact I g BOND#9215196 PERFORMANCE BOND CITY OF OSHKOSH Contract Number 17-05 Date Bond Executed(Date of Contractor Later) 04/03/2017 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization Dorner, Inc. E506 Luxemburg Rd _Individual ,,,,,.,Partnership Luxemburg, WI 54217 X Corporation State of incorporation Wisconsin SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond j Fidelity and Deposit Company of Maryland $6,270,243.32 1299 Zurich Way E Schaumburg, IL 60196 i OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 549034130 OBLIGATION The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above,which is incorporated herein by reference, 'This Bond shall cover any work performed during initial construction and any waxranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work perfoimed or to perform or complete any material term of the Contract,then the Surety(les)obligation under this Bond shall arise I after: I 1. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract, Within five (5)business days of the Owner's notice, either the I! E Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five (5)business days of the request for conference, if the Owner,Contractor and Surety agree,the Contractor may be allowed a reasonable time to perform the Contract,but such agreement shall not waive the Owner's right, if any,to subsequently declare the Contractor in default; 2. The Owner declares the Contractor in default and notifies the Surety bf the declaration of default;and 3, The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above,the Surety shall promptly and at Surety's expense take one of the following actions; 1. Arrange for the Contractor,with consent of the Owner,to perform and complete the Contract; 2, Undertake to perform and complete the Contract itself; through qualified agents or independent contractors; 3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, jarchitect, or consultant fees resulting from any delay in the completion of the Contract; and any japplicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract, j 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of E the Contract;or 5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5)business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above,Surety's liability shall be limited to the amount of this Bond, Notice to the Contractor or Surety shall be deemed to have been given. (i) upon delivery to an officer or person entitled to such notice,if hand delivered;or(h) two(2)business days following deposit in the United States mail, postage prepaid;(iii)upon delivery by a commercial carrier that will certify the date and time of delivery;or(iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used far this purpose, The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond, Winnebago !' County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein, The above obligation is void if the Contractor performs and fulfills all the terms,conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. Domer, Inc. Fidelity and Deposit Company of Maryland Name of Principal/Contractor Name of Surety Title presldcln Title Connie Smit ttorney-in-Fact I 1 €I i t 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 MICHAEL BOND,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 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 28th day of September,A.D.2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND iHs•''•• O �•� rpo•t�,. 86A4 !O: Int Secretary, Vice President Eric D.Barnes Michael Bond State of Maryland County of Baltimore On this 28th day of September, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President,and ERIC D. BARNES,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. I Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 €4 4 POA-F 184-0011A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-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 attomeys-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 may 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 Attorney 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 5th 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 10th 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. TESTIMO OF,I have hqreplto subscribed my name and affixed the corporate seals of the said Companies, this day of _,20 l t ,•'iii' •,,,, 'mac o[ros� apt? SU�(ye ���4 8EAL �'.. �� �j -i`• 1898 ��- At_'s, Gerald F.Haley,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 i i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTILITY MNTRACTORS BM34DED UABIUTY COVERAGE This endorsement modifies insurance provided under the following: CONINIERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an F_X_] in the box next to the caption of such provision. A. F_X] Partnership and Joint Venture Extension M. M Construction Project General Aggregate Units B. Fx] contractors Automatic Additional insured N. FX-] Fellow Employee Coverage Coverage-Ongoing Operations O. F_X] Property Dan-age to the Named Insured's Work C. I X] Automatic Waiver of Subrogation P. FX-] Care,Custody or Control D. FX-] Extended Notice of Cancellation, Nonrenewal I- F_X] Unintentional Failure to Disclose Hazards Q. F_X_] Electronic Data Liability Coverage R. FX] Consolidated Insurance Program Residual F. F_X] Broadened Mobile Equipment Liability Coverage G. F_X] Personal and Advertising Injury-Contractual S. FX-]Automatic Additional Insureds-Managers or Coverage Lessors of Premises H. F_X] Nonemployment Discrimination I 7X Automatic Additional Insureds-State or Governmental Agency or Political I. FX-] Liquor Liability Subdivisions-Permits or Authorizations J. � Broadened Conditions UF-X] Contractors Automatic Additional Insured Coverage-Completed Operations K [__X]Automatic Additional Insureds-Equipment Leases V. FX] Additional Insured-Engineers, Architects or Surveyors L. F_X] Insured Contract Extension-Railroad Property and Construction Contracts A PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION 11-VM IS AN INSURED The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of Mich you are or were a partner or member, you are an insured, but only with respect to liability arising out of "your work' on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability GL-3085(09/11) -1- insurance is available to you for"your vvorV' in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMA11C ADDITIONAL INSURED COVERAGE—ONGOING OPERATIONS SECTION 11 —WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, 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; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2 That portion of "your work' out of Mich the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under Mich the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OFSUBROGATION Item& of SECTION IV-COMWERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form,those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of"your world' or that person or organization. D EXTENDED NOTICE OF CANCELLATION,NONRENEWAL Item Alb. of the COMMON POLICY OONDMONS ,is deleted and replaced with the following: A.2-b. 60 days before the effective date of the cancellation if we cancel for any other reason. C-L-3085(09/11) -2- i Item 9. of SECTION IV-CONNERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9.a above. E UNINTEMIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPNEW Item 12.b. of SECTION V-DEFINITIONS ,is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. i G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE Exdusion 2e. of SECTION I,COVERAGE B is deleted. H. NONENPLOYNEN'i'DISCRIMNAMON Unless"personal and advertising injury"is excluded from this policy. Item 14.of SECTION V-DEFINITIONS ,is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of eaming capacity or monetary loss, which is caused by"discrimination." SECTION V-DEFINITIONS ,is amended to include: "Discrimination" means the unlawful treatment of individuals based on race,color,ethnic origin,age, gender or religion. Item 2.Exclusions of SECTION I,COVERAGE B , is amended to include: "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury" arising out of "discrirnination" by or at your, your agents or your "employees"direction or with your,your agents or your"employees"Imowledge or consent; GL-3085(09/11) -3- "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sublease of any dwelling, permanent lodging or premises by or at the direction of any insured;or Fines, penalties, specific performance or injunctions levied or imposed by a govemmental entity, or govemmental code, law,or statute because of"discrimination." 1. LIQUOR LIABILITY Exclusion 2.a of SECTION I,COVERAGE A ,is deleted. J. BROADENED CONDITIONS Items 2.a and 2.b. of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occunwxv,Offense,Claim Or Suit: a You must see to it that we are notified of an"occurrence" or an offense which may result in a daim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an"employee"designated to give notice to us. Notice should include: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or"suit"is brought against any insured,you must: (1) Record the specifics of the claim or"suit" and the date received as soon as you, one of your officers,or an"employee"designated to record such information is notified of it;and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or"suit." Item 2.e, is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS 2e. If you report an"occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form,failure to report such"occurrence" to us at the time of"occurrence" shall not be deemed in violation of paragraphs 2.a, 2.b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. K AUTOMATIC ADDITIONAL INSUREDS-EQUIPMENT LEASES SECTION II -WHO IS AN INSURED is an-ended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for"bodily injury', "property damage" or"personal and advertising injury"caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization,subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury'or"property damage"occurring after you cease leasing the equipment. GL-3085(09/11) -4- 2. 'Bodily injury"or"property damage"arising out of the sole negligence of the additional insured. 3. "Property damage"to: a Property owned, used or occupied by or rented to the additional insured;or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. L INSURED CONTRACT EXTENSION-RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9.of SECTION V-DEFINITIONS , is deleted and replaced with the following. 9. "Insured Contract"means: a A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality,except in connection with work for a municipality; a An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage,or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insureds rendering or failure to render professional services, including those listed in (1)above and supervisory, inspection, architectural or engineering activities. GL-3085(09/11) -5- M CONSTRUCTION PROJECT GENERAL AGGREGATE UMTS This modifies SECTION III-UMTS OF INSURANCE . A For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an"occurrence"under SECTION I-COVERAGE A,and for all medical expenses caused by accidents under SECTION -COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury' or "property damage" included in the "products-completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a Insureds; b. Claims made or"suits"brought;or a Persons or organizations malting claims or bringing"suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fre Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. R For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "oocurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I-COVERAGE C : 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. -Such payments shall not reduce any Construction Project General Aggregate Limit. C Payments for damages because of"bodily injury" or"property damage" included in the"products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs,specifications or timetables, the project will still be deemed to be the same construction project. E The provisions of SECTION III - UMTS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. N. FELLOW EMPLOYEE COVERAGE GL-3085(09/11) -6 Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. 'Bodily injury"to (1) An"employee"of the insured arising out of and in the course of: (a) Employment by the insured;or (b) Performing duties related to the conduct of the insured's business;or (2) The spouse, child, parent, brother or sister of that"employee"as a consequence of paragraph (1)above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity;and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an"insured contract';or (2) Liability arising from any action or omission of a co-"employee" while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a(1xa) of SECTION II-WHO IS AN INSURED , is deleted and replaced with the following: 2.a(1xa) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. O. PROPERTY DAMAGE TO THE NAMED INSUREDS WORK Exclusion I of SECTION I,COVERAGE A . is deleted and replaced with the following: I. Damage to Your Work "Property damage" to "your work' arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of$50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. P. CARE,CUSTODY OR CONTROL Exclusion 2.j.4 of SECTION 1,COVERAGE A is deleted and replaced with the following: 2.jA Personal property in the care, custody or control of the insured. However,for personal property in the care, custody or control of you or your"employees," this exclusion applies only to that portion of any loss in excess of$25,000 per occurrence,subject to the following terms and conditions; GL--3085(09/11) -7- (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III-UMTS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each"occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. Q ELECTRONIC DATA UABIUTY COVERAGE 1. Exdusion 2p. Electronic Data of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.p. Dan ages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data that does not result from physical injury to tangible property. 2 The following definition is added to SECTION V—DEFINMONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the definition of "property damage" in SECTION V — DEFlNMONS is replaced by the following: "Property damage"means: a Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it;or C. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property.All such loss of"electronic data"shall be deemed to occur at the time of the"occurrence"that caused it. For the purposes of this insurance, "electronic data"is not tangible property. GL-3085(09/11) -8- R CONSOLIDATED INSURANCE PROGRAM RESIDUAL L IABILJTY COVERAGE With respect to"bodily injury', "property damage", or`personal and advertising injury"arising out of your ongoing operations; or operations included within the"products-completed operations hazard',the policy to which this coverage is attached shall apply as excess insurance over coverage available to `you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V—Definitions "Residential project" means any project where 301/o or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or Panned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A"residential project'does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. All other terms,provisions,exclusions and limitations of this policy apply. S. AUTOMATIC ADDITIONAL INSUREDS-MANAGERS OR LESSORS OR PREMSES SECTION II—WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any`occurrence"which takes place after you oease to be a tenant in that premises. 2 Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. T. AUTOMATIC ADDITIONAL INSUREDS — STATE OR GOVERNMENTAL AGENCY OR POU71CAL SUBDIVISIONS—PERMITS OR AUTHORIZATIONS SECTION II —WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. GL-3085(09/11) -9- This insurance does not apply to: 1. "Bodily injury', "property damage?' or "personal and advertising injury' arising out of operations performed for the federal government,state or municipality-,or 2 "Bodily injury'or"property dan-agd'induded within the"products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) Mich designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. U CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—COM-E TED OPERATIONS SECTION 11 —VVFIO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for"bodily injury"or"property damage"caused,in whole or in part, by "your work' at the project designated in the contract, performed for that additional insured and included in the"products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) Mich designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. V. ADDITIONAL INSURED—ENGINEERS,ARCHITECTS OR SURVEYORS SECTION 11 —VVFIO IS AN INSURED is an-ended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, 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; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. Wth respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or"personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: 1 The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys,change orders,designs or specifications;or 2 Supervisory,inspection or engineering services. GL-30£35(09/11) -10- This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3085(09/11) -11-