HomeMy WebLinkAboutADS Environmental Services Flow Monitoring Services 2019 ORIGINAL
CitY Vq13
of
Oshkosh
CONTRACTOR AGREEMENT:
FLOW MONITORING SERVICES
THIS AGREEMENT, made on the 27th day of MARCH, 2019, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and ADS ENVIRONMENTAL
SERVICES, 935 W. CHESTNUT, SUITE 415, CHICAGO, IL, 60642, hereinafter referred to as the
CON TRACTOR,
WITNESSETH:
That the City and the Contractor,for the consideration hereinafter named,enter into the following
agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except
where it conflicts with this agreement, in which case this agreement shall prevail.
ARTICLE I. 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. Proposal Solicitation
3. Contractor's Proposal
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.
ARTICLE II. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(CHRIS SKEHAN, BUSINESS DEVELOPMENT MANAGER)
B. Changes in Project Manager. The City shall have the right to approve or disapprove of any
proposed change from the individual named above as Project Manager. The City shall be provided with
a resume or other information for any proposed substitute and shall be given the opportunity to
interview that person prior to any proposed change.
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
ARTICLE III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Pete Gullbronson, Environmental Compliance Manager,Department of Public Works-
Water Filtration)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the
Project titled "FLOW MONITORING SERVICES: SANITARY SEWER COLLECTION SYSTEM" dated
March 2, 2019, and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid
Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern.
The Contractor may provide additional products and/or services if such products/services are
requested in writing by the Authorized Representative of the City.
ARTICLE V. CITY RESPONSIBLITIES
The City shall furnish, at the Contractor's request, such information as is needed by the
Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records.
To prevent any unreasonable delay in the Contractor's work the City will examine all reports and
other documents and will make any authorizations necessary to proceed with work within a reasonable
time period.
ARTICLE VI. TIME OF COMPLETION
The work to be performed under this contract shall be completed by no later than December 31,
2019.
Any changes to this completion date must be agreed upon by both parties in writing.
ARTICLE VII. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$71,998.00 adjusted
by any changes hereafter mutually agreed upon in writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor shall submit itemized monthly statements for services.
The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any
statement amount is disputed, the City may withhold payment of such amount and shall provide to
Contractor a statement as to the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
amendment to this agreement executed by both parties prior to proceeding with the work covered under
' the subject amendment.
ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against
all actions, claims and demands of any kind or character whatsoever which may in any way be caused
by or result from the intentional or negligent acts of 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 ad-
judged 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 IX. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional
insured. The contractor's certificate of insurance for this project is attached as Exhibit B.
ARTICLE X. TERMINATION
A. For Cause.
If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this
Agreement,the City shall have the right to terminate this Agreement by written notice to the Contractor.
In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work
completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the Contractor no later than
10 calendar days before the termination date. If the City terminates under this paragraph, then the
Contractor shall be entitled to compensation for any satisfactory work performed to the date of
termination.
This document and any specified attachments contain all terms and conditions of the Agreement
and any alteration thereto shall be invalid unless made in writing, signed by both parties and
incorporated as an amendment to this Agreement.
In the Presence of: CO i • C, •
; - 7, A-4•c-7 -7-711- By: A --(- c,_../_,-
A .„.....
... iq illk AL 4, , 4_
(Seal of Contractor •eci ' itle)
if a Corporation.)
�,,tt++,+,,, By:
�``pSL�
SE (Specify Title)
1990
‘DELAWARE r
;CA,f
''''',,i++*ts'�,��``,` CITY OF OSHKOSH
By: /6
Mark A. ohloff, City Manager
(67 tra:),L.7; 1
And:
r2:71/1-1t/fitness) Pamela R.Ubrig,City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
C pay the liability which will accrue
under this contract.
i orney
-lroiiii(
AaLby'V
City Comptroller
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•
CITY OF OSHKOSH
FLOW MONITORING SERVICES: SANITARY SEWER COLLECTION SYSTEM
BID PROPOSAL FORM
Page 1 of 2
From: ADS, LLC d/b/a ADS Environmental Services (bidder's company name)
BID PROPOSAL DEADLINE: MARCH 19,2019 0 11:00 a.m.
Addenda: Receipt of Addenda numbered 1 of 1 are hereby understood,
acknowledged and included in bidder's bid proposal form. If no addenda were issued
for this project please write"N/A" above.
TABLE 2
Cost Basis for Fee Proposals—Flow Monitoring
City of Oshkosh Sanitary Sewer System
Cost per
No.of Cost per Site per
Cost Item No.of Sites Days Site Day Total Cost
Sewer Monitoring Locations
Mobilization 6 N/A $1,150 N/A $6,900.00
Installation 6 N/A $1,000 N/A $6,000.00
Monitoring 6 120 N/A $68.00 $48,960
Demobilization 6 N/A $363 N/A $2,178.00
Rain Gauge Monitoring Location
Installation 1 N/A $355 N/A $355.00
Monitoring 1 120 N/A $20 $2,400.00
Demobilization 1 N/A $205 N/A $205.00
Documentation
Interim Reports and Final N/A $5,000 N/A $5,000.00
Report
In compliance with the advertising for Bids and having carefully examined the drawings
and specification for the Work and the Site of the proposed work and having determined
all of the conditions of the work,the rules,regulations,laws,codes,ordinances,and other
30
r
CITY OF OSHKOSH
FLOW MONITORING SERVICES: SANITARY SEWER COLLECTION SYSTEM
BID PROPOSAL FORM
Page 2 of 2
governing circumstances relating to this project,we,the undersigned,propose to furnish
all labor and materials per the project specifications or noted deviations for the following
amount(s):
TOTAL BASE BID $ 71,998.00
Seventy-One Thousand Nine Hundred Ninety Eight Dollars
(Base Bid Price—in Words)
Work to commence in 1-2 weeks after receipt of order
Terms: Net 30
SIGNATURES
Date: 3/15/2019 Name of Company: ADS, LLC d/b/a ADS Environmental Services
Submitted by: (name/title) Chris Skehan, Business Dev. Mgr.Email: cskehaneidexcorp.com
Address of Company: 340 The Bridge Street, Suite 204 Phone: 708-341-9701
Huntsville,AL 35806
Company Representative that will be named Project Manager for this project,if awarded
the bid:
Eric Hehmann Project Manager
Name Title
That I have examined and carefully prepared this Proposal from the Plans and
Specifications and have checked the same in detail before submitting this Proposal;that I
have full authority to make such statements and submit this Proposal in(its)(their)behalf,
and that said statements are true d correct.
Signature 4,446- Assistant Treasurer
31
Liberty Liberty Mutual Insurance Company
175 Berkeley Street
r ` Mutual , Boston MA 02117
BID BOND
Bond Number: N/A
KNOW ALL MEN BY THESE PRESENTS,that we ADS LLC
340 The Bridge Street, Suite 204, Huntsville AL 35806 , as principal (the"Principal"),
and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the
"Surety"), are held and firmly bound unto City of Oshkosh
PO Box 1130, Oshkosh WI 54903-1130 , as obligee(the"Obligee"), in
the penal sum of Five percent of amount bid
Dollars($5%of bid ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our
heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, the Principal has submitted a bid for: Flow Monitoring Services Sanitary Sewer Collection System
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no
period be specified, within sixty(60)days after opening, and the Principal shall enter into a contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or
bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between
the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with
another party to perform the work covered by said bid,then this obligation shall be null and void;otherwise to remain
in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof.
PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must
be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above,
within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one
(1)year from the date of this bond. 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 jurisdiction of the suit shall apply.
DATED as of this 19th day of March 2019. NN‘‘O CJ t I ",��
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4SEAL�
WITNESS/ATTEST A S LLC _ 1gg()
(Pr al) .DELAWARE:
e: il * �NN`
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LIBERTY MUTUAL INSURANCE COMPANY
(Surety)
By: fl-• a--� (Seal)
Attorney-in-Fa
Renee A. Kolpacki
LMIC-5000 Rev.03/04
r
Notarial Acknowledgement—Attorney in Fact
STATE OF Wisconsin
1 S.S.
County of Marathon
On this 19th day of March , 2019 ,before me,
Pam Fromm a Notary Public in and for said
Marathon County, State aforesaid,residing therein,duly
commissioned and sworn,personally appeared Renee A.Kolpacki
know to me to be the person whose name is subscribed to the within instrument as the attorney in fact of
Liberty Mutual Insurance Company
and acknowledged to me that he subscribed the name of Liberty Mutual Insurance Company thereto as surety, and his
own as attorney in fact.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal, at my office in said county of
Marathon the day and year in this certificate first above written.
4--,17, -
Liii)(___
Notary Pu lic in and for the c ty of Marathon
State of Wisconsin
My commission expires 4-29-22
SC0011
01-92
srThis Power of Attorney limits the acts of those named herein,and they have no authority to
r_r bind the Company except in the manner and to the extent herein stated.
'1� % Liberty
Liberty Mutual Insurance Company
r Io , Mutual, The Ohio Casualty Insurance Company Certificate No:8200649-000022
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Crystal
Duberstein,Pam Fromm,Renee A.Kolpacki,Phil Lazarski,Derek Menard,Marc Sacia
all of the city of Wausau state of Wisconsin each individually if there be more than one named,its true and lawful attomey-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 27th day of February , 2019 .
Liberty Mutual Insurance Company
P�%NSLi .01 INSU , tNSUgq The Ohio Casualty Insurance Company
J?`epo*,,,4..„ �Jr4°,.P°R,„'eyy� �. expo#.' 4, West American Insurance Company cl co 5
1912 . c 1919 s 1991 �/� N
: o s ( rn
Y.d�eh c,,, a a' yo yNA,rrb0- �S',11 * a ikomori aa By .N
c David M.Carey,Assistant Secretary =
in
-L- State of PENNSYLVANIA >..
= County of MONTGOMERY ss C
as
2 co C
0 a) On this 27th day of February , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0
o 2 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes�I-
45 > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c>W
0= IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. a>a
A o
cn
2..as al µ°Hw ( < COMMONWEALTH OF PENNSYLVANIA Q 4
ai O VOA ?y Notarial Seal itelist)
0 c
OF Teresa Pastella,Notary Public 0 a)) Upper Mer on Twp.,Montgomery County By: y
co
C tp $!i My Commission Expires March 28,2021
y,J , `� eresa Pastella,Notary Public 0 ca
gFry _,gyp. Member.Pennsylvania Association of Notaries a O
CON W y O
c a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual w c
o.c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o ai
ai ARTICLE IV-OFFICERS:Section 12.Power of Attorney. -,
o c`o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the @ 2
'n President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o
To c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall s c;I
> a) have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such "c°
Zinstruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the eo
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. c 0
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. o m
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,I—
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 19th day of March , 2019 .
v tNS Lip_ 01 INSU a%NSUp-
t.oP-P°R,,Qy�� �J?`°ar°R4 'etyma `VP=°aroma-v4'
1912c/. � o Z 1919� o a 1991 0 wa�'Jv/C�`•�,�,�
it.%SACo1e:as t NAmoi L Y �N°IANF _la By:
ej7 * 0 .1i4 * 04 s441 * as Renee C.Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co_062018
Liberty iberty Liberty Mutual Insurance Company
i l� 175 Berkeley Street
Mutual-- Boston MA 02116
PAYMENT BOND
Bond Number: 354-223-417
KNOW ALL MEN BY THESE PRESENTS,that we ADS, LLC
935 W. Chestnut Street, Suite 415,Chicago IL 60642 , as principal (the"Principal"),
and Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety(the"Surety"),
are held and firmly bound unto City of Oshkosh
215 Church Avenue, PO Box 1130, Oshkosh WI 54903-1130
as obligee(the"Obligee"),
in the penal sum of Seventy-one thousand eight hundred dollars and 00/100
Dollars($71,998.00 ),
for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs,
executors,administrators, successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, the Principal has by written agreement dated the 27th day of March , 2019 ,
entered into a contract(the"Contract")with the Obligee for Flow Monitoring Services Sanitary Sewer Collection
System
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly
make payment to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for
use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full
force and effect.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
1. A"Claimant"is defined as one having a direct contract with the Principal or with a subcontractor of the Principal
for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and
material being construed to include that part of water, gas, power, light, heat, oil, gasoline,telephone service or
rental of equipment directly applicable to the Contract.
2. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, who
has not been paid in full before the expiration of a period of ninety (90) days (or such lesser or greater
time period as otherwise permitted by relevant law) after the date on which the last of such Claimant's
work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond
for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly
due Claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or
expenses of any such suit.
3. No suit or action shall be commenced hereunder by any Claimant:
(a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written
notice to the Principal and the Surety within ninety (90) days (or such lesser or greater time period as
otherwise permitted by relevant law) after such Claimant did or performed the last of the work or labor,
or furnished the last of the materials for which said claim is made, stating with substantial accuracy
the amount claimed and the name of the party to whom the materials were furnished, or for whom the
work or labor was done or performed. Such notice shall be served by mailing the same by registered
mail or certified mail, postage prepaid, in separate envelopes addressed to the Principal and Surety.
The Principal may be served at any place where an office is regularly maintained for the transaction of
business, or in any manner in which legal process may be served in the state in which the aforesaid project
is located, save that such service need not be made by a public officer. The Surety may be served to the
attention of The Surety Law Department at the above-listed address.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the
state in which the project, or any part thereof, is situated, or in the United States District Court for the
district in which the project, or any part thereof, is situated, and not elsewhere.
LMIC-5200 Page 1 of 2 Rev.03/04
(c) After the expiration of one(1)year(or such lesser or greater time period as otherwise permitted by relevant
law)following the date on which the Subcontractor provided the last labor and/or materials to the project. 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 jurisdiction of the suit shall be applicable.
4. Surety shall have no liability to any Claimant under this Bond for any amount unless it is due and owing to the
Claimant by the Principal pursuant to the express terms of the contract between the Principal and Claimant or, if
the Claimant does not have a direct Contract with Principal, pursuant to the terms and conditions of the
Contract between the Claimant and the Subcontractor to the Principal. The Bond incorporates all of the
Principal's contractual defenses, including but not limited to pay-if-paid provisions, whereby payment to the
Claimant is subject to the condition precedent of the Obligee's payment to the Principal, and other limitations on
amounts due under the contract between Principal and Claimant.
5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of mechanics' liens, which may be filed of record against
such improvement, whether or not a claim for the amount of such lien be presented under and against this
bond.
DATED as of this 25th day of April , 2019 .
WITNES /ATTEST AD , LLC
Principal
By: (Seal)
me:
itle:
LIBERTY TUAL INSURANCE COMPANY
ur ty)
By: fizt.4407,-,,e_csial)
AttomFact
Crystal Duberstein
LMIC-5200 Page 2 of 2 Rev.03/04
•
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Notarial Acknowledgement—Attorney in Fact
STATE OF Wisconsin
} S.S.
County of Marathon
On this 25th day of April , 2019 ,before me, Derek Menard a Notary Public in and for said
Marathon County, State aforesaid,residing therein,duly
commissioned and sworn,personally appeared Crystal Duberstein
know to me to be the person whose name is subscribed to the within instrument as the attorney in fact of
Liberty Mutual Insurance Company
and acknowledged to me that he subscribed the name of Liberty Mutual Insurance Company thereto as surety, and his
own as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in said county of
Marathon the day and year in this certificate first above written.
Notary Public in and for the county of Marathon
State of Wisconsin
My commission expires 04/29/2022
DEREK MENARD
Notary Public
State of Wisconsin
SC0011
01-92
This Power of Attorney limits the acts of those named herein,and they have no authority to
it ^ bind the Company except in the manner and to the extent herein stated.
1...4,,
rr % Liberty Liberty Mutual Insurance Company
fMutual. The Ohio Casualty Insurance Company Certificate No:8200649-000022
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Crystal
Duberstein,Pam Fromm,Renee A.Kolpacki,Phil Lazarski,Derek Menard,Marc Sacia
all of the city of Wausau state of Wisconsin each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 27th day of February , 2019 .
Liberty Mutual Insurance Company
Pv 1NSUp P�11 INS&q *1Nsu, The Ohio Casualty Insurance Company
tiJ 4DaPOI�l rY yJ oOaPOR./ ./ j�coPOk + West American Insurance Company >-.
bF vc3 eb m W 3 `"oF -v
1912 ' c 1919 ,, 1 1991
N � yt ry O A
� ua O MPBat'
j 4cit�i4 NCa (SNANAbkOBy:David M.Carey,Assistant Secretary
m State of PENNSYLVANIA >.
a g County of MONTGOMERY ss coC
O aw On this 27th day of February , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance co
o Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes m I—
Tii
a) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. o w
0 j IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. n
'-o
0
C'y PA c�
O CD y Q.-,5 MONN,E llc� COMMONWEALTH OF PENNSYLVANIA Q 4
0 u� Oa.Y Notarial Seal 0 c
O O OF Teresa Pastella.Notary Public (13
O Upper Marion Tarp.,Montgomery County By: N
C Q My Commission Expires March 28,2021 E
v>•`f eresa Pastella,Notary Public o 03
ai cn Nor
4RY f W0. Member.Pennsylvania Association of Notaries a O
CO 0 Cr)
yThis Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
o.c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o CD
aEi ARTICLE IV—OFFICERS:Section 12.Power of Attorney. •.A
O Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the w o.a
'v >. President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o
m c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall r N
> have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such °O
Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the w
op
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. c 0
o ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. o o cfl
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, 1—
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 25th day of April , 2019 .
V 1NS4 SY INS& , %NSU
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LMS-12873 LMIC OCIC WAIC Multi Co 062018
i
Vi11 Liberty Liberty Mutual Insurance Company
r �, 175 Berkeley Street
Mutual.. Boston,MA 02116
Ph.(610)832-8240
PERFORMANCE BOND
Bond Number: 354-223-417
KNOW ALL MEN BY THESE PRESENTS,that we ADS, LLC
935 W Chestnut Street,Suite 415, Chicago IL 60642 , as principal(the"Principal"),
and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety(the
"Surety"), are held and firmly bound unto City of Oshkosh
215 Church Avenue, PO Box 1130, Oshkosh WI 54903-1130 , as obligee(the"Obligee"), in
the penal sum of Seventy-one thousand nine hundred ninety-eight and 00/100
Dollars($71,998.00 ),
for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs,
executors, administrators,successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,the Principal has by written agreement,dated the 27th day of March , 2019
entered into a contract (the "Contract") with the Obligee for Flow Monitoring Services, Sanitary Sewer Collection
System
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and
faithfully perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and
effect.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
1. Whenever the Principal shall be, and declared by the Obligee to be in default under the Contract, the Obligee
having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall
promptly:
1.1 Arrange for the Principal,with consent of the Obligee, to perform and complete the Contract;or
1.2 Undertake to perform and complete the Contract itself, through its agents or through independent
contractors;or
1.3 Obtain a bid or bids from alternative contractors to complete the Contract in accordance with its terms and
conditions, and upon determination by the Surety of the lowest responsible bidder, or if the Obligee elects,
upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a
contract between such bidder and the Obligee, and make available as work progresses (even though
there should be a default or a succession of defaults under the contract or contracts of completion
arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract
price; but not exceeding the amount set forth in the first paragraph of this bond. The term "balance of the
contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the
Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to
the Principal; or
1.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
a. After investigation, determine the amount for which it may be liable to the Obligee and, as soon as
practicable after the amount is determined,tender payment therefore to the Obligee; or
b. Deny liability in whole or in part and notify the Obligee citing reasons therefore.
LMIC-5100 Page 1 of 2 Rev. 03/04
2. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for
and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held
liable to, or in any other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or to
any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any
public authority or for bodily injuries or property damage to any person or thing, including, but not limited to, injury
or damage due to the release or threat of release of hazardous substances of any kind or damage to real estate
or to the environment or clean-up costs or other damages of whatever kind or nature arising out of any act of
commission or omission by the Principal, the Principal's agents, servants, employees, subcontractors or
suppliers or any other person in connection with the performance of the Contract. This limitation applies
regardless of when any such fine is assessed, claim is made, or injury, damage, release or threat of release
occurs and without regard to any term or condition of the Contract.
3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee.
4. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which the
Principal ceased to work on the Contract or such time period as otherwise permitted by relevant statute. 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 jurisdiction of the suit shall be applicable.
5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors,administrators or successors of the Obligee.
6. Any claims must be presented in writing to Liberty Mutual Insurance Company to the attention of the Surety Law
Department at the above address.
DATED as of this 25th day of April , 2019 .
WITNESS/ATTEST . ' DS, LLC
ncipal,
..7:-....:1'
it. & By: 1 J (Scal)
, .me/Title:
LIB R 1141TUAL INSURANCE COMPANY
(Sur ty)
By: al)
ttorne -in-Fact
Crystal Duberstein
v
LMIC-5100 Page 2 of 2 Rev.03/04