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HomeMy WebLinkAboutMiron Construction 17-03 Mary Jewell Lift StationSTANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Oshkosh ("Owner") and Miron Construction Co., Inc. ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: City Contract 17-03 Mary Jewell Lift Station and Park Shelter ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City Contract 17-03 RES No. 17-533 Mary Jewell Lift Station and Park Shelter ARTICLE 3 — ENGINEER 3.01 The Project has been designed by AECOM (Engineer), which is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Phased Work, Substantial Completion and Final Payment A. The Work will be substantially completed on or before September 28, 2018, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before October 1, 2018. In addition the following schedule is required B. Phase Work HDPE Force Main will be completed and all disturbed area completely restored prior to March 1, 2018 EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 00520-1 of 00520-7 C. Work in North Eagle Street will be completed within three (3) weeks of start to finish including installation of temporary pavement. Contractor to maintain local traffic access at all times. D. Lift station to be operational and be able to accept and pump sanitary influent by June 1, 2018. 4.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner per Section 100.45 of current edition of Standard Specifications for City of Oshkosh, Wisconsin for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner per Section 100.45 of current edition of Standard Specifications for City of Oshkosh, Wisconsin for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.0l.A, and 5.013 below: A. Bid Sum, a sum of: $2,981,403.60 The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 00520-2 of 00520-7 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment approximately every four weeks based on the schedule provided at the Preconstruction Conference during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work, based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 10 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 1% per month. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 00520-3 of 00520-7 B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC -4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC -4.06 of the Supplementary Conditions as containing reliable "technical data." E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 520-1 to 520-7, inclusive). 2. Performance bond (pages 610-1 to 610-3, inclusive). EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 005204 of 00520-7 3. Payment bond (pages 615-1 to 615-3, inclusive). 4. Certificate of Insurance (Contractors Insurance with Property Insurance Requirements and List AECOM Technical Services and CH2M HILL, Inc. as additional insured). 5. Supplementary Conditions (pages 800-1 and 810-1 to 810-13, inclusive) 6. General Conditions (pages 700-1 to 700-63, inclusive). 7. Addenda (number 1, inclusive). 8. Specifications as listed in the table of contents of the Project Manual. 9. Drawings consisting of 61 sheets with each sheet bearing the following general title: Contract 17-03 Mary Jewell Lift Station and Park Shelter — Construction Drawings. 10. Exhibits to the Agreement (enumerated as follows): a. Contractor's Bid Tabulation. b. Contractor's Bid Bond c. Contractor's Signature Page d. Disclosure of Ownership e. Contractor's Subcontractor List f. Major Equipment Form 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed b. Work Change Directives. c. Change Orders. The Contract documents are complementary; what is required by one is as binding if required by all. In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part with follows it numerically except as may be otherwise specifically stated. A. There are no Contract Documents other than those listed above in this Article 9. B. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 00520-5 of 00520-7 ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 00520-6 of 00520-7 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 10.06 "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.07 None EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 00520-7 of 00520-7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. /VV' V// / This Agreement will be effective o (which is the Effective Date of the Agreement). C�iiq�iDTtil City of Oshkosh By: Title: Attest: Title: A ttPct- Title: Attest: Title: CONTRACTOR: Miron C9.gstruction Co., I By: av d G. Voss, Jr. Title: President _ (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Dean IJ Basten Title: Secretarv/Treasurer Address for giving notices: Miron Construction Co., Inc. 1471 McMahon Drive Neenah, WI 54956 License No.: (Where applicable) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. Agent for service of process: EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 00520-8 of 00520-7 Signed for and in behalf of the City of Oshkosh Mark A. Rohloff, City Manager Pamela R. Ubrig, City Cle J(� Trena Larson, Director of Finance I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. RM l gp ° U O m m 8 � 8 8. 8 8 8. 8 8. 8 8 8. 8 � e u a 5852�. 58522 584z p8p g$ c G Q a G a d i 8 g gT.m g 5 9 za � a 7 e a 8 $ 8 ut 3 E tL Ir e 8 R 8 8 g Nn I H 2 ¥!� £ $/k } j\) ] ! ! ! » a a @ a ! # ( # r § ! « ! # \ � ) \ } ! /! \/) ¥ ! m a a a ) :! ( ; , \ a \{{{!{ BE!§, ;$ l..l,; |,i)!E`2°»|);|!!|� !|• ;|l;;f;\!!i �}(\\{���•k�\)/\�)\{k){)|{;)}})§ ! ; a !@ » #r ) � : a P a 5 \ ) / � � � m ! ! a! \ � � �\ \§}� !!( 7 ! } ! \ , � } ( � z $ \ t � ! j ) � ` .«E # ;I ` f; i , «`)f !,f ` ;~!\/®)ƒ � `{��ii;k, ; f .2t,{\)�]! �[;«2![;\k ;�2 !!�!!:)7!!|i..�e� fl�;)!,.l-�,;i4l;�z::_!l1�2..,1: „ x.2..,.,1.,:,»=;aa!!:s .�1;lae!! ;I! �7 7;{(�{){\/)k/:!;&1.;4{!rr\f!!�,!!,4|!!,)»_,! «§\.)a!m!=el�+,!{!\§1,.:+,lm;af !! ® ;(\ =f;{}}j|}%7�)}($4f))({k[{)\}®[!q\\;�\/!{§afy;92_ |;;}`2, .,, ;~\§`;),!�(�\|[� � ,a.l.. . �`}r;! ) ! § ! § \ } PENAL SUM FORM CITY OF OSHKOSH CONTRACT 17-03RECEIVED MARY JEWELL LIFT STATION AND PARK SHELTER AECOM PROJECT NUMBER 60540545 l BID BOND d%' *ORKS 01F pU�L,CCp-SS1S Any singular reference to Bidder, Surety, Owner or other party shall be considered plura�i���> Ilc:ble BIDDER (Name and Address): MIRON CONSTRUCTION CO., INC. P. 0. Box 509 Neenah, WI 54957-0509 SURETY (Name and Address of Principal Place ofBusiness): FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1299 Zurich Way Schaumburg, IL 60196-1056 OWNER (Name and Address): CITY OF OSHKOSH 215 Church Avenue Oshkosh, WI 54903-1130 BID Bid Due Date: 10/17/2017 Description (Project Name and Include Location): Contract 17-03 - Mary Jewell Lift Station and Park Shelter, Oshkosh, Wisconsin. BOND Bond Number: N/A Date (Not earlier than Bid due date): 10/17/2017 Penal sum Five percent of amount bid. (Words) 5t of Amount Bid (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER MIRON CONSTRUCTION CO., INC. (Seal) Bidder's Nam and Corporate Se By: Signa David G. Voss, Jr. Print Name President Title Attest: l'�— Signature SURETY FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Seal) Surety's Name and Co o ate Seal By: Signature (Attac Power Attorney) Kelly Cody Dean J. Basten — Secretary/Treasurer Print Name Attorney In Fact Title Signature EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 PENAL SUM FORM Secretary/Treasurer Witness Title Title Note: tl bove addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action. shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9, Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. EJCDC C430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 PENAL SUM FORM 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall. be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EJCDC C430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by 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 Kelly CODY, Roxanne JENSEN, Trudy A. SZALEWSKI, Christopher H. KONDRICK, Brian KRAUSE and Christopher K. HOVDEN, all of Green Bay, Wisconsin, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of May, A.D. 2017. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND $RAL soot wr r- IIM • ti - V l 10 I Assistant Secretary Vice President Dawn E. Brown Michael Bond State of Maryland County of Baltimore On this 30th day of May, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, 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 POA -F 184-3544 '''gym i„n,r'• Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 184-3544 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 attomey-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 I 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. INESTIMONY WHEREOF, hereunto subscribed my name and affixed the corporate seals of the said Companies, this /? a of ON20 f SEAL un� 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 TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: DISCLOSURE OF OWNERSHIP FORM Y,BCEIVED OCA 17, 2011 'Dv -?T OF PUBLIC WORKS OSHKOSH, w lac oNSIN Please review the attached Department of Workforce Development Disclosure of Ownership form. If Item 3 on this Disclosure of Ownership form applies to your company, you must complete the Disclosure of Ownership form and upload in the appropriate location on Quest V -Bid. If Item 3 on the Disclosure of Ownership form does NOT apply to your company, you must complete the information below and upload this page in the appropriate location on Quest V -Bid. CERTIFICATION I certify by my signature below that Item 3 of the attached Disclosure of Ownership form does NOT apply to my *firm, or a shareholder, officer, or partner of my firm. �La(� 4. Name David G. Voss, Jr. Printed Name President Title Miron Construction Co., Inc. Company Name 10/17/17 Date C\Engineering\Tracy Taylor\Public Works Contracts\ Miscellaneous \Disclosure of Ownership Fortn_2-1- Page 1 of 1 17.docz City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://WWW.Ci.oShkoSh.wi.Us State of Wisconsin Department of Workforce Development Equal Rights Division Disclosure of Ownership The statutory authority for the use of this form is prescribed in Sections 66.0903(12)(d), 66.0904(10)(d) and 103.49(7)(d), Wisconsin Statutes. The use of this form is mandatory. The penalty for failing to complete this form is prescribed in Section 103.005(12), Wisconsin Statutes. Personal information you provide may be used for secondary purposes [Privacy Law, s. 15.04(1) (m), Wisconsin Statutes]. (1) On the date a contractor submits a bid to or completes negotiations with a state agency, local governmental unit, or developer, investor or owner on a project subject to Section 66.0903, 66.0904 or 103.49, Wisconsin Statutes, the contractor shall disclose to such state agency, local governmental unit, or developer, investor or owner, the name of any "other construction business," which the contractor, or a shareholder, officer or partner of the contractor, owns or has owned within the preceding three (3) years. (2) The term 'other construction business" means any business engaged in the erection, construction, remodeling, repairing, demolition, altering or painting and decorating of buildings, structures or facilities. It also means any business engaged in supplying mineral aggregate, or hauling excavated material or spoil as provided by Sections 66.0903(3), 66.0904(2), 103.49(2) and 103.50(2), Wisconsin Statutes. (3) This form must ONLY be filed, with the state agency project owner, local governmental unit project owner, or developer, investor or owner of a publicly funded private construction project that will be awarding the contract, if both (A) and (B) are met. (A) The contractor, or a shareholder, officer or partner of the contractor: (1) Owns at least a 25% interest in the "other construction business," indicated below, on the date the contractor submits a bid or completes negotiations; or (2) Has owned at least a 25% interest in the 'other construction business" at any time within the preceding three (3) years. (B) The Wisconsin Department of Workforce Development (DWD) has determined that the 'other construction business" has failed to pay the prevailing wage rate or time and one-half the required hourly basic rate of pay, for hours worked in excess of the prevailing hours of labor, to any employee at any time within the preceding three (3) years. Other Construction Business Business Name NONE Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code I hereby state under penalty of perjury that the information, contained in this document, is true and accurate according to my knowledge and belief. Print the Name of Authorized Officer David G. Voss, Jr. - President Author e Date Signed =3i 11- 7 10/17/17 Corporati n, Partnership o Sole Proprietorship Name Miron Construction Co., Inc. Street Address or P O Box City State Zi Code 1471 McMahon Dr. Neenah WI ?4956 If you have any questions call (608) 266.6861 ERD-7777 (R. 01/2011) s. RECEIVED - OCT 17 2017 SECTION 00460 DEPT OI' PUBLIC WORKS LIST OF PROPOSED SUBCONTRACTORS FOR WORK ON THA ROJECVISCONSIN Name Michaels Corp. Ostrenga August Winters Elmstar Address New Berlin, WI Green Bay, WI Appleton, WI Kaukauna, WI Telephone No. 262-814-0100 920-863-8389 920-739-8881 920-766-8100 Approximate % of Contract Amount 7% 7% 30% 11% Contract 17-03: Mary Jewell Lift Station and Park Shelter 00460-1 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. RECEIVED ARTICLE 5 — BASIS OF BID OCT 11 200 5.01 Major Equipment Items DEPT OF PUBLIC' WORKS A. Bidders shall include in their Lump Sum Contract Price the SuppliPS(Y�Qt�ila%i 4,6"nt listed as Item A. Bidders shall write in the installed cost of all A items and the installed cost of B and C item if a B or C item is listed, and if Bidder offers a substitute, the name and installed cost of the substitute Supplier. Refer to Instructions to Bidders for additional requirements and provisions. B. A substitute may be offered by Bidder by writing in the name of a proposed Supplier in the blank labeled (substitute). The procedures for submission and consideration by ENGINEER for determining the acceptability of a substitute are set forth in the General Conditions and Supplementary Conditions. C. Major Equipment Schedule: Specification Section Description of Item Supplier Installed Cost 11312 Submersible Non- Clog Pumps ((L) Flygt $ 45,000.00 (B) No substitutions permitted 11287 Gates ( Whip s) $ 35,000.00 (B) No substitutions permitted 16231 Packaged Natural Gas Engine Generator Systems aterpl ar $ 38,594.00 (B) No substitutions permitted Subtotal EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 9 BID SUBMITTAL 9.01 This Bid is submitted by: If Bidder is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: A Partnership Partnership Name: RECEIVED OCT 17 2017 DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): A Comoration Corporation Name: Miron Construction Co., Inc. (SEAL) State of Incorporation: Wisconsin Type (General Business rofessional, S ce, ited Liability): General Business By: (Signature -- attach evidence of authority sign) Name (typed or printed): David G. Voss, Jr. Title: President (CORPORATE SEAL) Attest r -- Dean J. Basten - S retary/Treasurer Date of Qualification to do business in Wisconsin is EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 9 A Joint Venture Name of Joint Venture: First Joint Venturer Name: LO (SEAL) (Signature of first joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Second Joint Venturer Name: LM (SEAL) (Signature of second joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Bidder's Business Address 1471 McMahon Dr. Neenah, WI 54956 Phone No. 920-969-7000 E-mail dean.basten@miron-construction.com SUBMITTED on 10/17 -120 17 State Contractor License No. N/A Fax No. 920-751-8150 EJCDC C410 Suggested Bid Form for Construction Contracts Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 9 of 9 4 1= Building Excellence RESOLUTION MIRON CONSTRUCTION CO.. INC. 1471 McMahon Drive, Neenah, WI 54956-6305 P.O. Box 509, Neenah, WI 54957-0509 PH 920.969.7000 FX 920.751.6150 MIRON-CONSTRUCTION.COM Adopted at Board of Directors Meeting of December 30, 2002 be it resolved that David G. Voss, the President of the Corporation, is hereby authorized and empowered to execute contracts on behalf of the Corporation, and that this resolution shall continue in force and effect until modified or rescinded by subsequent action of the stockholders and of the Board of Directors of the Corporation. K-"gl'4 Ae% Dean rBastenUecretary/Treasurer MIRON CONSTRUCTION CO., INC. State of Wisconsin Attested By - County of Subscribed and sworn to before me this 17th Notary Public My Commission Expires: 6/8/18 Winnebago day of October ] 2017 30TAR, PUBLIC Of wisto Neenah, WI Wausau, WI Madison, WI Milwaukee, WI Cedar Rapids, IA CORPORATION RESOLUTION RECEIVED NOV 117 ?017 DEPTO1- PUBLIC WORKS OSHKOSH, WISCONSIN Adopted at Board of Directors Meeting of December 30, 2002 be it resolved that David G. Voss, Jr., the President of the Corporation, is hereby authorized and empowered to execute contracts on behalf of the Corporation, and that this resolution shall continue in force and effect until modified or rescinded by subsequent action of the stockholders or of the Board of Directors of the Corporation. Dean J. ten, CPA SecretaryT I reasurer MIRON CONSTRUCTION CO., INC. 1471 McMahon Drive Neenah, WI 54956 Wit essed By: r, r. State of Wisconsin County of Winnebago Subscribed to and smforn bef this I 14day of OV , 2017o"""'"" Notary Public My Comm issi n pires: 101/471 O i AR 9T�OF WISGO\``` ill O" ORIGINAL PERFORMANCE BOLD CONTRACTOR (name and addreak): RECEIVED SURETY (name andaddress of prhrcipal place of bt�.suiess): MIRON CONSTRUCTION CO., INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND rich Neenah, WII,, 5'4957-0509 NOV 17 "'017 Schaumburg, ILy60196-1056 DEPT OF PUBLIC WOI�KS OWN ER(nameand address): OSHKOSH, WISCONSIN CITY OF OSHKOSH 215 Church Avenue Oshkosh, WI 54903-1130 CONSTRUCTION CON'T'RACT Effective Date of the Agreement: 11/13/17 Amount: $2,981,403.60 Two Million Nine Hundred Eighty One Thousand Four Hundred Three and 60/100 Descnption (name arnl location): City Contractl7-03 Mary Jewell Lift Station and Park Shelter, Oshkosh, Wisconsin. (City of Oshkosh - Mary Jewel Lift Station & BON. Park Shelter, Miron Project #171580; City Contract #17-03; RES #17-533) Bond Number: 9256500 Date (not earlier than the Effective nate of'the Agreement of the Construction Conanct): 11 /13/17 Amount: Two Million Nine Hundred Eighty One Thousand Four Hundred Three and 60/100 Dollars ($2,981,403.60) Modifications to this Bond Form: M None See Paragraph if Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly e:x.ccuted by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY MIRON CONSTRUCTION CO. INC. (seal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND (veal) Contra 's Name andCo ate Seal Surety's NamACo.,o SpalBy: By. Sigtla u.e Signaturefattorn y) David G. Voss, J r ._ Kelly Cody Print Name Print. Name President 'Title Attest: Attorney -in -Fact 'T'itle Signature V Signature Dean J. Basten l _Secretary/Treasurer LAQ Title Title ,Votes: (1) Provide supplemental execution ki, arty additional parties, such as joint venturers. (2) Any sirrgul€or reference to Contractor, :Surety, (hatter, or other panty shrill be considered plural where applicably KTCDC C-610— Perfonviance Bond Published December 2010 by the !?ngincers .loint Contract Documents (:anmiltee. Price 1 43 1. 'nie Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss file Contractor's performance. if the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference, If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.I shall be. hold within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, Ute Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owiler',s right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to fray the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release tine Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. S. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at. The Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction. Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Constniction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued oil the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contactor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, detennine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner, or 5.4.2 teeny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written. notice frau the Owlher to the Surety demanding that the Surety perforin its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety hall denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elect,, to act under Paragraph 5, 1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act tinder Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of tune, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within VCDC C-610—Performwice Bond Publisher) December 2(110 by the t;llgtneers Mill Contract Do cul"Wifis Collullittee. Page 2 of3 two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whicliever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location inhere the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confomting to such statutory or other legal requirement shall be deemed incorporated herein. When so funiislted, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: Tlie agreement between the Owner and Contractor identified on the cover page, inclining all Contract Documents and changes made to Ute agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which }las not been remedied or waived, to perform or otherwise to comply with a material teen of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terns of the Construction Contract. 14,5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: T iCDC C-610 — Perilmna nce Band Published December 2010 by the Viigineers Joint Contract Documents Committee. 1'aze3 of PAYMENT BOZITD RECEIVED CONTRACTOR (name and address): — SURETY (name and address ofprincipaf place ofbusiness): MIRON CONSTRUCTION CO., INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND P. O. Box 509, NOV 17 2017 1299 Zurich Way Neenah, WI, 54957-0509 Schaumburg, IL 60196-1056 DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN CITY OF OSHKOSH OWNER (name and address):215 Chiirrh AVP.niiA- C)chknah. WI 549n:i-iian CONSTRUCTION CONTRACT Effective Date of the Agreement: 11/13/17 Amount: $2,981,403.60 Two Million Nine Hundred Eighty One Thousand Four Hundred Three and 60/100 Description (name and location): City Contractl7-03 Mary Jewell Lift Station and Park Shelter, Oshkosh, Wisconsin. (City of Oshkosh - Mary Jewel Lift Station & BON&rk Shelter, Miron Project #171580; City Contract #17-03; RES #17-533) Mond Number: 9256500 Date (not earlier than the Effective Date of the Agreement of the Constme irm Canvuct):11 /13/17 Amount: Two Million Nine Hundred Eighty One Thousand Four Hundred Three and 60/100 Dollars ($2,981,403.60) Modifications to this Bond Form: Fx-1 None Q See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY MIRON CONSTRUCTION CO., INC. (seal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND (eal) Contract ' Name and Corporate Seal Surety's Name d rate eal By: _ _ By. Sigma ire Signature (attach kiver of alt rney) David G. Voss, Jr. Kelly Cody Print Name _ Print Name President Title Attorney -in -Fact Title Attest: _-� _ Asy��� Sirture Signature Dean J. Basten Secretary/Treasurer Title Title Nates: (1) Provide supplemental execution by any additional parties, such ac joint venturers. (2) Any singulrtr refereflce to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC C-615, Payment Bond Published December 20141 by the. Engineers Joint Contract l)acumenis Cnminiltee. Paeo 1 43 1. Tlhe 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 Construction Contract, which is incorporated herein by reference, subject to the following teens. 2. If the Conu-actor promptly makes payment of all stuns due to Claimants, and defcnds, indemnifies, and holds harmless tine Owner from claims, demands, liens, or suit:-, by any person or entity seeking payment for Labor, materials, or egttipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under thus Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) 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 Construction Contract, aid tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. Wlien the Owner has satisfied the conditions iii Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the aniount claimed and the name of the party to -whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1,2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a. Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish tt,.ritten notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction 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 Construction 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 die work. 10. The Surety shall not be liable to the Owner, Claiinauts, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make paynents to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to tie Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action shall be conuncnced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the (late (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or T JCDC C-615, rayment Bond Published Deromber 2tr1 o by the Engineers .Joint Contract Docuinents Committee, Page 2 o1`3 (2) on which the last labor or service was performed by anyone or fire last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the j urisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page oil which. their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with. a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appwiing to be a potential beneficiary of this Bond, the Contractor and (honer shall promptly furnish a copy of this Bond or shall permit a. copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: I . The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was fur isbed for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date oil which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract.; 6. Tile total amount earned by [lie Claimant for labor, materials, or equipment f miished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and S. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. shall be to include without limitation in the terns of "labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in tine Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents.. 16.4 Owner Default: failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perforin acrd complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents; All the documents that comprise the agreement between the (honer and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term. Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: 16.2 Claimant: An individtul or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under all applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond FWCDC C-615, Payment Rmid _ Published December 2010 by the Rmglueers 3otnt Contract Documents Committee. Page 3 of 3 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by 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 Kelly CODY, Roxanne JENSEN, Trudy A. SZALEWSKI, Christopher H. KONDRICK, Brian KRAUSE and Christopher K. HOVDEN, all of Green Bay, Wisconsin, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of May, A.D. 2017. ATTEST: n ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND C73U1(�, wa DEPOsr` .,•Gpt3 o ItM ? .1N -(ie •r.�• SEAL rte a ti • t-••-._...., 1 Assistant Secretary Vice President Dawn E. Brown Michael Bond State of Maryland County of Baltimore On this 30th day of May, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ``puu�q,r Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 184-3544 'A� �® CERTIFICATE OF LIABILITY LTR INSURANCEF"5771,MMIDD/YYYY)32017 1/132017 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 this certificate does not confer rights to the certificate holder in IieVof such endorsement(s). PRODUCER ,p ECEIvF Aon Risk services Central, Inc. '1` Green Bay WI Office 111 N. Washington Street, Suite 300���yyy 7 P. 0. BOX 23004 11 �01� CONTACT PHONE (AIC. No. Ext):(437-7123 F� No.): (920) 431-6345 E-MAIL ADDRESS: Green Bay WI 54305-3004 USA YY N0 V INSURER(S) AFFORDING COVERAGE NAIC # INSURED nn ,I. OF p ,1 *4 Miron Construction Co., In cl!EP Ii, wI�Lt3 ��i'v P. 0. Box 509 OSHKOS Neenah WI 54957-0509 USA INSURERA: Liberty Insurance Underwriters, Inc. 19917 INSURER B: Zurich American Ins CO 16535 INSURER C: Steadfast Insurance Company 26387 INSURER D: INSURER E: INSURER F: 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 INSIR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBERMMIDDYYY IY MMIDD/Yl'YY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE x OCCUR ULO - GENERAL LIABILITY EACH OCCURRENCE $1,000,000 PREMISES Ea occurrence $500,000 MED EXP (Any one person) $10,000 PERSONAL& ADV INJURY 51,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT F_] LOC GENERAL AGGREGATE $2,000,000 OD PRUCTS-COMP/OPAGG S2,000,000 OTHER: B AUTOMOBILE LIABILITY BAP 9259228-10 BUSINESS AUTOMOBILE 04/01/2017 04/01/2018 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY ( Per person) OWNED SCHEDULED IxANYAUTO AUTOS ONLY AUTOS BODILY INJURY (Per accident) PROPERTYDAMAGE Per accident HIRED AUTOS X NON -OWNED ONLY AUTOS ONLY A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 100003LA LIABILITY UMBRELLA LIABILITY 04/01/2017 04/01/2018 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 DED I X RETENTION 510,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE [ OFFICER/MEMBER EXCLUD& N I A WC 9259230-10 WORKERS' COMPENSATION 04 01/2017 04/01/2018 PER ETH X STATUTE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) es, describe under Dyu DESCRIPTION un OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 c Env Pollution EOC 5816723-04 Pollution Liability 04/01/2017 04/01/2018 POLLUTION LIABILITY $5,000,000 DEDUCTIBLE $100,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CITY CONTRACT 17-03 MARY JEWEL LIFT STATION AND PARK SHELTER, OSHKOSH, WISCONSIN. (CITY OF OSHKOSH - MARY JEWEL LIFT STATION & PARK SHELTER, MIRON PROJECT #171580; CITY CONTRACT #17-03; RES #17-533). ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS ON THE GENERAL LIABILITY, AUTO AND UMBRELLA CITY OF OSHKOSH, AECOM TECHNICAL SERVICES INC AND CH2M HILL INC 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. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD a -- E, E, A M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EXPIRATION DATE THEREOF, NOTICE WILL BE POLICY PROVISIONS. BE CANCELLED BEFORE THE DELIVERED IN ACCORDANCE WITH THE CITY OF OSHKOSH 215 CHURCH AVENUE AUTHORIZED REPRESENTATIVE OSHKOSH WI 54903 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD a -- E, E, A M AGENCY CUSTOMER ID: 10020138 LOC #: A�OR.p ADDITIONAL REMARKS SCHEDULE AGENCY Page _ of _ NAME Aon Risk services Central, Inc. DINSURED Miron Construction Co., Inc. POLICY NUMBER see Certificate Number: 570069221833 CARRIER NAIC CODE See Certificate Number: 570069221833 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUBR POLICY POLICY LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER EFFECTIVE EXPIRATION DATE DATE LIMITS OTHER MM/DD/YYYY MM/DD/YYYY C Archit&Eng Prof EOC 5816723-04 04/01/2017 04/01/2018 PROFESSIONAL $5,000,000 Professional Liability LIABILITY DEDUCTIBLE $100,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number GLO 92 5922 9-10 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured MIRON CONSTRUCTION CO., INC. Effective Date: 4-1-2017 12:01 A.M., Standard Time Agent Name AON RISK SERVICES CENTRAL INC Agent No. 39004-000 MANUSCRIPT REFLECTING CG2037 07/04 ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS NAME OF ADDITIONAL INSURED PERSON[S] OR ORGANIZATION[S]: ANY PERSON OR ORGANIZATION OTHER THAN AN ARCHITECT, ENGINEER OR SURVEYOR, WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED UNDER THIS POLICY UNDER A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH REQUIREMENT IS PROHIBITED BY LAW, AND WHERE THAT CONTRACT SPECIFICALLY REQUIRES THE ISO CG2037 07/2004 EDITION FORM OR THE EQUIVALENT OF SAME. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: ANY LOCATION OR PROJECT, OTHER THAN A WRAP—UP OR OTHER CONSOLIDATED INSURANCE PROGRAM LOCATION OR PROJECT FOR WHICH INSURANCE IS OTHERWISE SEPARATELY PROVIDED TO YOU BY A WRAP—UP OR OTHER CONSOLIDATED INSURANCE PROGRAM. U -GL -1114-A CW (10/02) Policy Number GLO 9259229-10 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured MIRON CONSTRUCTION Co., INC. Effective Date: 4-1-2017 Agent Name 12:01 A.M., Standard Time AON RISK SERVICES CENTRAL INC Agent No. 39004-000 MANUSCRIPT REFLECTING CG2010 07/04 ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION NAME OF ADDITIONAL INSURED PERSON[S] OR ORGANIZATION[S]: ANY PERSON OR ORGANIZATION OTHER THAN AN ARCHITECT, ENGINEER OR SURVEYOR, WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED UNDER THIS POLICY UNDER A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH REQUIREMENT IS PROHIBITED BY LAW, AND WHERE THAT CONTRACT SPECIFICALLY REQUIRES THE ISO CG2010 07/2004 EDITION FORM OR THE EQUIVALENT OF SAME. LOCATION[S] OF COVERED OPERATIONS: ANY LOCATION OR PROJECT, OTHER THAN A WRAP—UP OR OTHER CONSOLIDATED INSURANCE PROGRAM LOCATION OR PROJECT FOR WHICH INSURANCE IS OTHERWISE SEPARATELY PROVIDED TO YOU BY A WRAP—UP OR OTHER CONSOLIDATED INSURANCE PROGRAM. U -GL -1114-A CW (10/02) .4�oRo® CERTIFICATE OF PROPERTY INSURANCE DTE (MM/DD/YYYY) 1/13/2017 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. PRODUCER __ CONTACT Aon Risk services central, Inc. NAME: PHONE Green Bay WI office gCE1VE A/C. No. Ext): (920) 437-7123 FAX aNo.): (920) 431-6345 111 N. Washington Street, Suite 300 E-MAIL P. 0. BOX 23004 _ ADDRESS: Green Bay WI 54305-3004 USA„^�� PRODUCER 10020138 NOVf t� CUSTOMER ID 11 INSURED DEPT OF PUU1A L' �,'JUlth- INSURER A: Zurich American Ins Co Mi ron construction Co., Inc. S�ie VY' IC U1`L �11�1 INSURER B: P. 0. Box 509 OS ,0 INSURER C: Neenah WI 54957-0509 USA INSURER D: INSURER F: 6535 LOCATION OF PREMISES/ DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Rc v IJIUN NUM BER: RE: CITY CONTRACT 17-03 MARY JEWEL LIFT STATION AND PARK SHELTER, OSHKOSH, WISCONSIN. (CITY OF OSHKOSH - MARY JEWEL LIFT STATION & PARK SHELTER, MIRON PROJECT #171580; CITY CONTRACT #17-03; RES #17-S33). CONTRACT AMOUNT $2,981,403.60. ENDORSED POLICIES WILL INCLUDE A 30 DAY NOTICE OF CANCELLATION/NONRENEWAL FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, PROVIDED TO THOSE PARTIES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) COVERED PROPERTY LIMITS PROPERTY BUILDING CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY BASIC BUILDING BUSINESS INCOME BROAD CONTENTS EXTRA EXPENSE SPECIAL RENTAL VALUE EARTHQUAKE BLANKET BUILDING WIND BLANKET PERS PROP FLOOD HBLANKET BLDG & PP X INLAND MARINE CAUSES OF LOSS A NAMED PERILS J CRIME TYPE OF POLICY BOILER & MACHINERY / EQUIPMENT BREAKDOWN /OTHER CERTIFICATE HOLDER CITY OF OSHKOSH 215 CHURCH AVENUE OSHKOSH WI 54957 USA TYPE OF POLICY Builders Risk POLICY NUMBER MBR 5323142-10 Master Builders Risk 04/01/2017 1 04/01/2018 (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CANCELLATION Limit $2,981,404 Deductible $10,000 Flood Limit $2,981,404 Earthquake Limit $2,981,404 O x 00 IT 00 r -A 71.1 O O L^i1 W in Z W F Q U _LL F W U _v �J 4l 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THEPOLICY PROVISIONS. 11111” AUTHORIZED REPRESENTATIVELw t�,lL A yG>C{�,Q >'�1C4 w © 1995-2015 ACORD CORPORATION. All rights reserved, ACORD 24 (2016/03) The ACORD name and logo are registered marks of ACORD �o o® AGENcy Apn Ri see Potcy"'uM ERSerV i % DD/rAA'' CA seeRcer rrt �/Dare Number �ra) Inc' /O'vAL AGENC TACO/TtONA` i oa re Num 5j�06922 R` MAR y C`'ST pMRR HIS AC REMA bet.: 1848 S FCRMAttjke ACRRM4R S�p06922Z848 Al ro°/^SURACyCO�� ZOp2pZ38 gCORO KS FOR /VA/CCo° nsrr C `� n co Ns IASURER(S 24 PO RM r/ lF ROVtF TO e EFFECT uc�t on co Ino page - OF lVF R ) AFFOR4IN CeR`ifi/Cate co,,?,)FO °ATE: rtis FR G CO VE GE ofPropert RNs uranCe R /NSR AAIC# "'ON N tpOtIC1ES If poiiC R E Colltf Cat fo D104, docs t1 °FtNsu�NCE fOrpoi'C.Y limjts d c unlit MARINE pottoynation, refer to the NpMBER conosPond/ MSR°qrt tcyEFF ngPo[iCY o Mase323I4j (" p0CTjvE P nthcA r Bui )de R sk 04/OZ �y3 YI n °EI M P Al/,D 710 co CARD 041011201', 04/0 V E � PIkop ry j/���8 nLyt Ea rt.h TS Rood Quake °educt. oeduCttbte $50'000 S5p' 000 090 are registered /narks ofgCpRp O?008ACo RD CpRPpRgTIpN a., AGENCY 81)1)►TION AGENCY CUSTpM AGE Rask Ser qL R POLICYNUMBER V� CeS Cen EA/� w ER Ip; trai RKS' �+ LOC#: 10020138 See Certifi � Inc. a7 CARRIER Cate Number: 57 NAMEpIN CHE�ULE Se 0069 SURED ADDITIO ti f; cate Number: 221848 Mi rDn COnstructi°nage — of _ 11 THIS NAL REMARKS 570069221848 NAICCODE Co.,COInc. ADDITIONAL REMA FORM NUMBER: EFFECTIVE LOCATION pF P DATE: KS F REMISE ACORD 24 ORM I$ A SCHEDULE TO INDICATED IN �� DEscRlPrloN of aROORM TITLE: Certific 0 ACORD FARM E WRITTEN rY of PrDpeNY In CONTRACT. 'ECIAL CONDITIONS / OTHER COVERAGES The ACORD name and logo are registered marks pt ©200 ACORD 8 ACORD CORPORATION. All rights reserved.