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HomeMy WebLinkAboutHighway Landscapers Public Works 18-15w.- i3i12 CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 11th day of April, 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Highway Landscapers, Inc., 1900 Bohm Drive, Little Chute, WI 54140, 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. 18-15 for Field Operations Biofilter Landscaping in the City of Oshkosh, for the Public Works Department, pursuant to Resolution 18-184 adopted by the Common Council of the City of Oshkosh on the 10th day of April, 2018, 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. ICLE 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 Fifty -Four Thousand Five Hundred Fifty Dollars ($54,550.00), 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. EMY 0 8 2018 CITY CLE- -S O FICE (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 not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this Contract, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This Contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The City's Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids 6. Contractor's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. 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 Highway ndscapers, nc. By: (Seal of Contractor if a Corporation.) fitness) ( itness) APPROVED: 6 LynnV,oCrensoh. City Attorney (Specify Title) (Specify Title) CITY OF OSHKOSH By: M rk A. Rohloff, City Ma ger And: Pamela R. Ubrig, City er 3 I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract ,0W d�p-) Trena Larson, City Comptroller ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/16/2018 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 lieu of such endorsement(s). PRODUCER M3 Insurance Solutions, Inc. 480 Pilgrim Way, Suite 1230 Green Bay WI 54304 CONTACT Tiffanie Courtne PHONE FAX Arc No Ext: 920-455-7102 A/c No: ADDRESS: tiffanie.courtney@m3ins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Western National Mutual Insurance Company 15377 CPP 1122853 INSURED HIGHLAN-01 Highway Landscapers Inc. 1900 Bohm Drive INSURER B: Travelers Property & Casualty 25674 INsuRERc: Starr Indemnity and Liability INSURER D: Little Chute WI 54140 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 353439135 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. INSR LTR TYPE OF INSURANCE ADDL IN D SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR CPP 1122853 3/1/2018 3/1/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ] PE� FX]LOC PRODUCTS -COMP/OPAGG $2,000,000 $ OTHER: 1 A AUTOMOBILE LIABILITY CPP 1122543 3/1/2018 3/1/2019 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO I OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB X OCCUR LIMB 1020098 3/1/2018 3/1/2019 EACH OCCURRENCE 10,000,000 _$ AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED TX I RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WCV1015882 3/1/2018 3/1/2019 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $100,000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $100,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I I I E.L. DISEASE - POLICY LIMIT $ 500,000 B C Excess Leased/Rented Eq ZUP41M73744 ITC100070342718 3/1/2018 3/1/2018 3/1/2019 3/1/2019 Excess Liability 5,000,000 Leased/Rented Eq 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: City of Oshkosh 18-15, Biofilter Landscaping City of Oshkosh and its officers, council members, agents, employees and authorized volunteers are listed as Additional Insured with respect to General Liability, when specified by written contract. t,r-M I lrIL A I C MULUCIS GANGtLLA I IUN City of Oshkosh 215 Church Ave PO Box 1130 Oshkosh WI 54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WN GL 88 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - SCHEDULED - CONTRACTORS - OPERATIONS AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED IN A WRITTEN CONTRACT Location And Description of Operations: PERSON OR ORGANIZATION WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED BY REASON OF WRITTEN AGREEMENTCONTFACT Information required to complete this Schedule if not shown above will be shown in the Declarations I 1. Additional Insured —Operations A. Operations Performed For An Additional In- sured Section II — Who Is An Insured is amended to include as an additional insured any person or organization shown in the schedule, but on- ly with respect to liability for -bodily injury", "property damage" or "personal and advertis- ing injury" arising out of your ongoing opera- tions for the additional insured at the location(s) designated and described in this endorsement B. Limitations The Operations Performed for Additional In- sured coverage is limited as follows, (1) This insurance does not apply to "bodily injury' or "property damage" occurring after. a. All work, including materials, parts or equipment furnished 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 com- pleted, or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or-ga- nization other than another contractor or subcontractor engaged in performing oper- ations for a principal as a part of the same project 2. Additional Insured — Completed Operations A. Additional Insured — Completed Operations Section 11 — Who Is An Insured is amended to include as an additional insured any person or organization shown in the schedule, but on- ly with respect to "bodily injury" or "property damage arising out of "your work' performed for that additional insured at the location(s) designated and described in this endorsement and included in the "products -completed oper- ations hazard". B. Limitations The Additional Insured — Completed Opera- tions coverage is limited as follows. (1) A person or organization's status as an in- sured under Additional Insured — Com- pleted Operations continues only for the period of time required by any written con- tract or agreement WN GL 88 07 15 Includes copyrighted material of Insurance Services Office, Inc , with its permission Page 1 of 2 al (2) The Insurance provided to the additional insured does not apply to "bodily injury", `property damage" or "personal and adver- tising injury" arising out of 'your work" for which a consolidated (wrap-up) insurance program has been provided by the prime contractor -project manager or owner of the construction project in which you are involved 3. Primary and Noncontributory The following is added to the Other Insurance Condition and supersedes any provision to the contrary, Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy pro- vided that: (1) The additional insured is a Named Insured under such other insurance, and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 4. Other Provisions Applicable to Additional In- sured — Operations and Additional insured — Cornpleted Operations A. The Amendment of Insured Contract Definition (Endorsement CG 24 26) does not apply to the person or organization scheduled on this endorsement, B. The coverage provided under Paragraph f. of the definition of "insured contract" under Sec- tion V — Definitions does not apply to an ad- ditional insured under this endorsement unless required by a written contract or agreement. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law, and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional in- sured is - (1) The minimum amount requited by the con- tract or agreement, or (2) The Limits of Insurance shown in the Dec- larations, whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations E. With respect to the insurance afforded to these additional insureds. the following addi- tional exclusion applies: This insurance does not apply to (1) "Bodily injury', "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including: a. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or b. Supervisory, inspection. architectural or engineering activibes This exclusion applies even if the claims against an additional insured allege negli- gence or other wrongdoing in the supervi- sion. hiring, employment, training or mom- toring of others by that insured, if the "oc- currence" which caused the " bodily Injury" or "property damage", or the offense which caused the "personal and advertising in- jury". involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or sur- veyor WN GL 88 07 15 includes copyrighted material of rnsuranre Services office, Inc , with its permission Page 2 of 2 PERFORMANCE BOND Contract Number 18-15 Date Bond Executed (Date of Contractor Later) April 16, 2018 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) HIGHWAY LANDSCAPERS, INC. P.O. Box 618 Kaukauna, WI 54130 SURETY(IES) (Legal Name(s) and Business Address(es)) THE IIANOVER INSURANCE COMPANY 440 Lincoln Street Worcester, MA 01653 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Bond No. 1059177 Type of Organization Individual _ Partnership X Corporation State of Incorporation Wisconsin Penal Sum of Bond $54,550.00 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 warranty period required by the Contract. 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 a f ter: 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 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 of 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, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of 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 (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 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. Highway Landscapers, Inc. Name of Principal/Contractor Title /of S(r�es The Hanover Insurance Company Name of Surety Title Roxanne Jensen, Attorney -in -Fact PAYMENT BOND CITY OF OSHKOSH Contract Number 18.15 Date Bond Executed (Date of Contract or Later) April 16, 2018 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) HIGHWAY LANDSCAPERS, INC. P.O. Box 618 Kaukauna, WI 54130 SURETY(IES) (Legal Name(s) and Business Address(es)) THE HANOVER INSURANCE COMPANY 440 Lincoln Street Worcester, MA 01653 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION Bond No. 1059177 Type of Organization `individual _Partnership _2L Corporation State of Incbrporation Wisconsin Penal Sum of Bond $54,550.00 The 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, indemnifies 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 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. Highway Landscapers, Inc. Name of Principal/Contractor Y626 -14"d �144-0; Title The Hanver Insurance Com an Name of Surety Title Roxanne Jensen, Attorney -in -Fact THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA r_r. ury ru" r[ wr- /H I / V/SIV" r THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Kelly Cody, Roxanne Jensen and/or Christopher Hovden Of Aon Risk Solutions, Green Bay, WI, each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any surety bond, recognizance or obligation in the United States, not to exceed Fifteen Million Dollars ($15,000,000.00) in any single instance. That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with powerto attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 22nd day of June, 2016. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS ??1SUR,4NCEPOMPANY OF AMERICA R >bcrt Tlwma� V lac Pr dant THE HANOVER INSURANCE COMPANY I'AA SA HUSETT BAY I 5C RA CE COMPANY CIT EN 1 SU ICE OF AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. ` ' On this 22nd day of June 2016 before me came the above named Vice Presidents of The Hanov r Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. �01A.Nll J. MARINOPuc4.rY:Public * / > 4. !Q2 \f Ccs M—ion T:.aplra. \lash 4. -02? I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effe�c�t.����pp� ���t'� rIVFN under my hand and the seals of said Companies, at Worcester, Massachusetts, this, day o 20� CERTIFIED COPY Id Ibeod(N: (; %lailinez. Vice President _