Loading...
HomeMy WebLinkAboutCapelle Brothers & Diedrich Westhaven Circle Park Restroom Renovation Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Patti J.Smits of FOND DU LAC Wisconsin , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. sr. Arc `P wm►onD. CONK n tWoff 0,4 State of Connecticut 4-111 � - By: ra City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. ',I '+`� arou �i�G t' pOTAF7 My Commission expires the 30th day of June,2021 . w+ •I PUBIC / Anna P.Nowik,Notary Public co This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority:and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 18th day of July , 2019 G .�- cow Kevin E. Hughes,Ass�cretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. ORIGINAL � D City I35 of Oshkosh CONTRACTOR AGREEMENT: WESTHAVEN CIRCLE PARK RESTROOM RENOVATION CITY OF OSHKOSH THIS AGREEMENT,made on the 18th day of June,2019,by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CAPELLE BROTHERS & DIEDRICH INC., 253 N. HICKORY STREET, FOND DU LAC,WI 54936,hereinafter referred to as the CONTRACTOR, 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. Proposal Solicitation 2. This Instrument 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: (John Buechel, Project 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: (Ray Maurer,Parks Director) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for this Project titled "WESTHAVEN CIRCLE PARK RES I'KOOM FACILITY RENOVATION CITY OF OSHKOSH PARKS DEPARTMENT" dated MAY 3, 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 RESPONSIBLIITES 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 arty 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 no later than 11/30/19. 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$122,355.00 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: CONTRACT /CO SULTANT By: Cc' --e441/4 Tires i76-en f (Seal of Contractor (Specify Title) if a Corporation.) By: \'i The 5 id e n J (Specify Title) CITY OF OSHKOSH / • By: /yam-f6# �� all 44-4Z2 Mark A.Rohloff, City Manager i ess) `, And: i ss) Pamela R Ubrig,City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ity Attom Jrtik\C)-)dfAADO/N City Comptroller x46 /T.4 Westhaven Circle Park—Restroom Facility Renovation 18080M SECTION 004113—BID FORM—STIPULATED SUM(SINGLE—PRIME CONTRACT) To: Oshkosh City Manager c/o City Clerk's Office,City Hall 215 Church Avenue P.O. Box 1 130 Oshkosh WI 54903-1130 Project: Restroom Facility Renovation, Westhaven Circle Park Date: 05/30/19 Submitted by: Capelle Bros. & Diedrich, Inc. (full name&address) 253 N. Hickory Street Fond du Lac, WI 54935 1. OFFER Having examined the Place of The Work and all matters referred to in the General Information, Instructions to Bidders and the Contract Documents prepared by T.R. Karrels&Associates, S.C. for the above mentioned project, we,the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of: $ 3 6) O LI J dollars, in lawful money of the United States of America. We have included the security deposit as required by the Instructions to Bidders. All applicable federal and local taxes are included in the Bid Sum. 2. ACCEPTANCE This offer shall be binding for thirty-five calendar days following the bid opening date,unless we,the Bidder, upon the request of the purchasing agent,agree to an extension. ■ If this bid is accepted by the Owner within the time period stated above,we will: • Furnish the required bonds within seven days of receipt of acceptance of this bid. • Commence work within seven days after written acceptance of this bid. If this bid is accepted within the time stated,and we fail to commence the Work or we fail to provide the required bonds,the security deposit shall be forfeited as damages to the Owner by reason of our failure,limited in amount to the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Con- tract is signed. In the event our bid is not accepted within the time stated above,the required security deposit will be returned to the undersigned, in accordance with the provisions of the Instructions to Bidders;unless a mutually satisfactory ar- rangement is made for its retention and validity for an extended period of time. 3. CONTRACT TIME If this Bid is accepted, we will: BID FORM—STIPULATED SUM(SINGLE—PRIME CONTRACT) 004113 - 1 Westhaven Circle Park—Restroom Facility Renovation 18080M • Commence the Work by(date) 07/22/19 • Complete the Work by(date) 1 ,/ 11/30A9 4. CHANGES TO THE WORK When the Architect/Engineer establishes that the method of valuation for Changes in the Work will be net cost plus a percentage fee in accordance with General Conditions,our percentage fee shall be: 15 percent overhead and profit on the net cost of our own Work; 7 z percent on the gross cost of work done by any Subcontractor. On k'ork deleted from the Contract, our credit to the Owner shall be the Architect/Engineer approved net cost plus of the overhead and profit percentage noted above. 5. ADDENDA The following Addenda have been received. The modifications to the Bid Documents noted below have been con- sidered and all costs are included in the Bid Sum. Addendum# 1 Dated 05/21/19 Addendum# Dated Addendum# Dated Addendum# Dated 6. APPENDICES The following documents are attached to and made a condition of the Bid: Document 004300 including: Appendix A—List of Unit Prices. Appendix B—List of Alternates. Appendix C—List of Allowances. 7. ADDITIONAL BIDDER QUALIFICATION INFORMATION After the bid opening,the City of Oshkosh will distribute a Request for Additional Qualification Information form, to be completed and returned to the City Manager(address above)within 24 hours. BID FORM—STIPULATED SUM(SINGLE—PRIME CONTRACT) 004113 -2 Westhaven Circle Park—Restroom Facility Renovation 18080M 8. BID FORM SIGNATURES The Corporate Seal of Capelle Bros. & Diedrich, Inc. (Bidder—print the full name of your firm) Was here to aff in presence of: (Authorized signing officer) Title) Todd A. Diedrich President (Seal) --J-14&ala ijAiii/7/i/PA (Authorized signing officer) Title) Susan R. Diedrich Secretary/Treasurer (Seal) If the bid is a joint venture or partnership,add additional forms of execution for each member of the joint venture in the appropriated form or forn-is as above. END OF SECTION 004113 BID FORM—STIPULATED SUM (SINGLE—PRIME CONTRACT) 0041 13 -3 Westhaven Park—Restroom Facility Renovation 18080M SECTION 004300—PROCUREMENT FORM SUPPLEMENTS To: Oshkosh City Manager c/o City Clerk's Office,City Hall 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 Project: Restroom Facility Renovation—Westhaven Circle Park Date: 05/30/19 Submitted by: Capelle Bros. & Diedrich, Inc. (full name&address) 253 N. Hickory Street Fond du Lac, WI 54935 In accordance with Document 002113 and Document 004113, we include the Appendices to Bid Form Supplements listed below. The information provided shall be considered an integral part of the Bid Form. The following Appendices are attached to this document: Appendix A—List of Unit Prices: Include unit prices for work described in Section 012000- Unit Prices. Appendix B—List of Alternates: Include cost variation to Bid Sum applicable to the Work described in Section 012000—Alternates. Appendix C—List of Allowances: Include allowances for work described in Section 012000-Allowances. BID FORM SUPPLEMENTS SIGNATURES The Corporate Seal of Capelle Bros. & Diedrich, Inc. (Bidder—print the full name of your firm) Was hereuntixe the presence of: (Authorized signing officer Title) Todd A. Diedrich President (Seal) g /UAW (Authorized signing officer Title) Susan R. Diedrich Secretary/Treasurer (Seal) PROCUREMENT FORM SUPPLEMENTS 004300- 1 Westhaven Park—Restroom Facility Renovation 18080M APPENDIX A — LIST OF UNIT PRICES The following is the list of Unit Prices referenced in the bid submitted by: (Bidder) Capella Bros. & Diedrich, Inc. To: Oshkosh City Manager c/o City Clerk's Office, City Hall 215 Church Avenue P.O. Box 1 130 Oshkosh WI 54903-1130 Dated 05/30/19 and which is an integral part of the Bid Form. The following are Unit Prices for specific portions of the Work as listed,and are applicable to authorized variations from the Contract Documents. Refer to Section 012000—"Price and Payment Procedures: Schedule of Unit Prices" for description of Unit Prices. Note: General Contractor to fill in unit values. Item Description Unit Value—Added Work Unit Value— Deleted Work 1) Exterior masonry tuck pointing that exceeds quan- tity indicated on drawings. $ 5.00/1f $ 2.50/1f $ $ PROCUREMENT FORM SUPPLEMENTS 004300-2 Westhaven Park—Restroom Facility Renovation 18080M APPENDIX B — LIST OF ALTERNATES The following is the list of Alternates in the bid submitted by: (Bidder) Capelle Bros. & Diedrich, Inc. To: Oshkosh City Manager c/o City Clerk's Office,City Hall 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 Dated 05/30/19 and which is an integral part of the Bid Form. The following amounts shall be added to or deducted from the Bid Sum. Refer to Section 012000—Alternates: "Schedule of Alternates"for description of Alternates. Power wash exterior cmu and apply anti- graffiti coating as specified, typical all exterior Alternate#1 cmu. ADD $ 1,650.00 Delete underfloor plumbing from the scope of work on this project. (City will self-perform Alternate#2 work) DEDUCT$ 1,040.00 Delete underfloor concrete foundations from the scope of work on this project. (City will Alternate#3 self-perform work) DEDUCT $ 3,400.00 Delete interior concrete floor slab from the scope of work on this project. (City will self- Alternate#4 perform work) DEDUCT$ 4,800.00 Delete exterior concrete slabs and walks from the scope of work on this project. (City Alternate#5 will self-perform work) DEDUCT $ 6,900.00 PROCUREMENT FORM SUPPLEMENTS 004300-3 • Westhaven Park—Restroom Facility Renovation 18080M APPENDIX C - LIST OF ALLOWANCES The following is the list of Alternates in the bid submitted by: (Bidder) Capelle Bros. & Diedrich, Inc. To: Oshkosh City Manager c/o City Clerk's Office,City Hall 215 Church Avenue P.O. Box 1130 Oshkosh W1 54903-1130 Dated 05/30/19 and which is an integral part of the Bid Form. The following amounts shall be added to or deducted from the Bid Sum. Refer to Section 012000—Alternates: "Schedule of Alternates"for description of Alternates. Hardware allowance of$4,000 included for lock sets to be supplied by owner/installed by $ 4,000.00 included in base bid contractor. (This is to be included in the con- tractors bid. This dollar amount will be cred- ited back to the owner by change order at the Allowance#1 end of the project). ADD $ END OF SECTION 004300 PROCUREMENT FORM SUPPLEMENTS 004300-4 BID BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Capelle Brothers&Diedrich,Inc. Travelers Casualty and Surety Company of America 253 N.Hickory St. Fond du Lac,WI 54935 OWNER: (Name, legal status and address) City of Oshkosh 215 Church St. Oshkosh,WI 54903 BOND AMOUNT: 5%or Five Percent of Bid Amount PROJECT: (Name, location or address, and Project number, if any) Westhaven Circle Park Restroom Facility Renovation,Oshkosh,WI #1 FB-0507-0-2019/J IJ The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, 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. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310,2010 edition 1 Signed and sealed this 30th day of May , 2019 . Capelle Brothers& iedrich c. C co 4" n (Principal) (Seal) np (_ /�i y . Todd Diedrich,President (Witness) (Title) Travelers Casualty and Surety Company f America 7741tit4°— (Surety) Y (Seal) Mary Ellen Heese,Attorney-in-Fact (Witness) (Title) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310,2010 edition 2 Travelers Casualty and Surety Company of America .A. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Mary Ellen Neese of FOND DU LAC Wisconsin , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. �$ hy8 eJr�ty q,y0 aP aFORD, rl 4s(7 . HARTFORD. CONK. fWf W o State of Connecticut City of Hartford ss. Robert L.Raney,Senior Vice President On this the 3rd day of February, 2017,before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. p.TET My Commission expires the 30th day of June, 2021 -ILTAutu_a_ 1. • ♦ Marie C.Tetreault,Notary Public i• 'v..r3y► This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 30th day of May , 2019 . 0wq;lY J,t•4Npet, J i HARiFCRO,1'� i eRTFo . It MOO(1. Dow.J/_j Y COHH. o JG/ t op i,04 Kevin E. Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. P/ease refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. PAYMENT BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 Bond No.: 107118930 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Capelle Brothers& Diedrich,Inc. Travelers Casualty and Surety Company of America PO Box 1274 Fond du Lac,WI 54936-1274 OWNER: (Name, legal status and address) City of Oshkosh 215 Church Avenue,PO Box 1130 Oshkosh,WI 54903-1130 CONSTRUCTION CONTRACT Date: May 30,2019 Amount: $122,355 or One Hundred Twenty Two Thousand Three Hundred Fifty Five dollars Description: (Name and location) Westhaven Circle Park Restroom Renovation Oshkosh,WI 54903 BOND Date: July 18,2019 (Not earlier than Construction Contract Dale) Amount: $122,355 or One Hundred Twenty Two Thousand"Three hundred Fifty Five dollars Modifications to this Bond: None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Capelle Broth rs Diedr" h,Inc. Travelers Casua nd Surety Com any of America Signature: Si natur Name and Title: Todd Diedrich,President Name and Title: Patti Smits,Attorney in Fact (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) §1 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 Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this 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 Section 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 and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 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, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount 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 .2 have sent a Claim to the Surety(at the address described in Section 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 Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 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 Section 7.1 or Section 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 Section 7.1 or Section 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 Section 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 the work. §10 The Surety shall not be liable to the Owner, Claimants 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 payments 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 the Construction Contract or to related subcontracts,purchase orders and other obligations. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 §12 No suit or action shall be commenced 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 date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the 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 jurisdiction 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 on 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 request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner 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: .1 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 furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual 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 an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the 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 perform and 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 Owner 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 term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 4 Travelers Casualty and Surety Company of America AA\ Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Patti J.Smits of FOND DU LAC , Wisconsin , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. �<�"61�.Y� ti p,1M ANp sJ OG (611.% At M1ArtTFOflOI � '° 14RHTFOfD ' 7,i COMP+ Q r C01111 0 State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. ,H"w+ '+ ` a �i�L�NOTARY �'My Commission expires the 30th day of June,2021 . 'Er4 / Anna P. Nowik,Notary Public con, ." This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 18th day of July , 2019 . g�} 'a Y t N- �4 WITFORD 1r CM9�M COS. AeG £ iHeantSecretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. PERFORMANCE BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 Bond No.: 107118930 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Capelle Brothers&Diedrich,Inc. Travelers Casualty and Surety Company of America PO Box 1274 Fond du Lac,WI 54936-1274 OWNER: (Name, legal status and address) City of Oshkosh 215 Church Avenue,PO Box 1130 Oshkosh,WI 54903-1130 CONSTRUCTION CONTRACT Date: May 30,2019 Amount: 5122,355 or One Hundred Twenty Two Thousand Three Hundred Fifty Five dollars Description: (Name and location) Westhaven Circle Park Restroom Renovation Oshkosh,WI 54903 BOND Date: July 18,2019 (Not earlier than Construction Contract Date) Amount: $122,355 or One Hundred Twen Two Thousand Three Hundred Fifty Five dollars Modifications to this Bond: t None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Capelle Brothe & iedr ch,Inc. Travelers Cas ty and 'urety Compan if America Signature: Signature: illelitgaPPariPAG Name and Title: Todd Diedrich,President Name and Title: Patti Smits,Att i rney in Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party) §1 The 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 Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .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 the 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 Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 1 Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay 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 Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 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 Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 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 contractor and with reasonable promptness under the circumstances: .1 After investigation, determine 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 .2 Deny 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 Section 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 from the Owner to the Surety demanding that the Surety perform 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 Section 5.4, and the Owner refuses the payment or the Surety has 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 elects to act under Section 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 .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .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 Section 5;and .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 under Section 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 time, 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 two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 to perform its obligations under this Bond, whichever occurs first. 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. §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 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. §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 to the Contractor of 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. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived, to perform or otherwise to comply with a material term 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 terms 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: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 CAPEBROOPC RZIVKOVICH '4CASPR/2) CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) 7/18/2019 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 CONTACT Mitchell Kahl,CIC NAME: Jackson Kahl Insurance Services,LLC PHONE FAx 17 N Pioneer Road (A/c,No,Ext):(920)923-4020 1119 (ac,No):(866)218-6850 Fond Du Lac,WI 54935 aI DRESS:mkahl@jacksonkahl.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:West Bend Mutual Insurance Co. 15350 INSURED INSURER B: Capelle Brothers&Diedrich,Inc. INSURER C: P.O.Box 1274 INSURER D: Fond du Lac,WI 54936-1274 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) IMM/DD/YYYY1 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 2282100 1/1/2019 1/1/2020 Pala$TOEEoNTcDe nce) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: VOLUNTARY PD $ 2,500 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO 2282100 1/1/2019 1/1/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ , HIRED ONLY NN-QVVNED PROPERTY DAMAGE AUTOS ONLY (Per accident) $ A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE 2282100 1/1/2019 1/1/2020 AGGREGATE $ 10,000,000 DED X RETENTION$ 0 $ A WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE _ ER 0570764 1/1/2019 1/1/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE YNN N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Westhaven Circle Park Restroom Renovation The City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are named as additional insureds on a primary and non-contributory for on going and completed oprations with a waiver of subrogation under general liability form#CG2010Y(07/04),CG2037(04/13). Early notice of cancellation and/or nonrenewal for 30 days per endorsement WB213GL(04/14).The umbrella includes in its underlying the general liability, automobile liability and employers liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Oshkosh Attn:CityClerk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO BOX 1130 Oshkosh,WI 54903-1130 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2. That portion of "your work" out of which the D. If a written contract between you and the addi- injury or damage arises has been put to its in- tional insured specifically requires that this insur- tended use by any person or organization ance be primary, then the insurance afforded by other than another contractor or subcontrac- this endorsement is primary insurance and we tor engaged in performing operations for a will not seek contribution from any other insur- principal as a part of the same project. ance available to the additional insured named in C. With respect to the insurance afforded to these this schedule unless the other insurance is pro additional insureds, the following is added to vided by a contractor other than the named in- Section III - Limits of Insurance: sured. Then we will share with that other insur- ance by the method described below. If coverage provided to the additional insured is required by a contract or agreement, the most we If all of the other insurance permits contribution will pay on behalf of the additional insured is the by equal shares, we will follow this method also. amount of insurance: Under this approach each insurer contributes equal amounts until it has paid its applicable limit 1. Required by the contract or agreement; or of insurance or none of the loss remains, which- 2. Available under the applicable Limits of In- ever comes first. surance shown in the Declarations; which- If any of the other insurance does not permit con- ever is less. tribution by equal shares, we will contribute by This endorsement shall not increase the applica- limits. Under this method, each insurer's share is ble Limits of Insurance shown in the Declara- based on the ratio of its applicable limit of insur- tions. ance to the total applicable limits of insurance of all insurers. If no contract between you and the additional in- sured requires that this insurance be primary, then the coverage granted to the additional in- sured under this endorsement shall be excess over any other valid and collectible insurance. Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 West Bend Mutual Insurance Company CG 20 10 Y 07 04 West Bend, Wisconsin 53095 PAYMENT BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 Bond No.: 107118930 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Capelle Brothers& Diedrich,Inc. Travelers Casualty and Surety Company of America PO Box 1274 Fond du Lac,NA'I 54936-1274 OWNER: (Name, legal status and address) City of Oshkosh 215 Church Avenue,PO Box 1130 Oshkosh,WI 54903-1130 CONSTRUCTION CONTRACT Date: May 30,2019 Amount: $122,355 or One Hundred Twenty Two Thousand Three Hundred Fifty Five dollars Description: (Name and location) Westhaven Circle Park Restroom Renovation Oshkosh,WI 54903 BOND Date: July 18,2019 (Not earlier than Construction Contract Date) Amount: $122,355 or One Hundred Twenty Two Thousand Three Hundred Fifty Five dollars Modifications to this Bond: None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Capelle Brothe s&Diedr ch,Inc. Travelers Casual Surety Comp of America Signature: �i Signature: �✓ aZ, Name and Title: Todd Diedrich,President Name and Title: Patti Smits,Attorney in Fact (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party) §1 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 Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this 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 Section 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 and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 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, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount 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 .2 have sent a Claim to the Surety(at the address described in Section 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 Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 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 Section 7.1 or Section 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 Section 7.1 or Section 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 Section 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 the work. §10 The Surety shall not be liable to the Owner,Claimants 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 payments 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 the Construction Contract or to related subcontracts,purchase orders and other obligations. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 §12 No suit or action shall be commenced 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 date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the 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 jurisdiction 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 on 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 request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner 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: .1 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 furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual 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 an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the 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 perform and 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 Owner 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 term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 4 Travelers Casualty and Surety Company of America .rA. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Patti J.Smits of FOND DU LAC Wisconsin , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. e0is4 soto, ..11I[9 State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. arm ifZel ROTARY My Commission expires the 30th day of June,2021 f. •} JSJC Anna P.Nowik,Notary Public cow„ This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 18th day of July , 2019 `. (ERTFCTP)D,h� •�" I LE.HugheOitantSecretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. PERFORMANCE BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 Bond No.: 107118930 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Capelle Brothers&Diedrich,Inc. Travelers Casualty and Surety Company of America PO Box 1274 Fond du Lac,WI 54936-1274 OWNER: (Name, legal status and address) City of Oshkosh 215 Church Avenue,PO Box 1130 Oshkosh,WI 54903-1130 CONSTRUCTION CONTRACT Date: May 30,2019 Amount: S122,355 or One Hundred Twenty Two Thousand Three Hundred Fifty Five dollars Description: (Name and location) Westhaven Circle Park Restroom Renovation Oshkosh,WI 54903 BOND Date: July 18,2019 (Not earlier than Construction Contract Date) Amount: $122,355 or One Hundred Twenty Two Thousand Three Hundred Fifty Five dollars Modifications to this Bond: None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Capelle Brother Diedr ch,Inc. Travelers Casual and Surety Compa of America Signature: Signature: Name and Title: Todd Diedrich,President Name and Title: Patti Smits,Attorney in Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) §1 The 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 Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .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 the 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 Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 1 Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay 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 Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 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 Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 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 contractor and with reasonable promptness under the circumstances: .1 After investigation, determine 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 .2 Deny 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 Section 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 from the Owner to the Surety demanding that the Surety perform 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 Section 5.4, and the Owner refuses the payment or the Surety has 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 elects to act under Section 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 .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .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 Section 5;and .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 under Section 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 time, 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 two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 to perform its obligations under this Bond,whichever occurs first. 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. §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 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. §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 to the Contractor of 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. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term 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 terms 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: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 Travelers Casualty and Surety Company of America Jmo. Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Patti J.Smits of FOND DU LAC Wisconsin , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. 3j__$ e e6 f1 e � State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. . IN WITNESS WHEREOF,I hereunto set my hand and official seal. ,`eR atiu /Zit/ My Commission expires the 30th day of June,2021 * a 1 r"g`�� Anna P.Nowik,Notary Public cbAkv fcn',,a This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 18th day of July , 2019,,\ a iu WUTFO. ieliPB CAKI. Q 1° C011fi. 3 ,�` ' Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. .�..,,, CAPEBROOPC RZIVKOVICH '4�RL CERTIFICATE OF LIABILITY INSURANCE DAT/18/2D/YYYY) 7/18/2019 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 CONTACT Mitchell Kahl,CIC NAME: Jackson Kahl Insurance Services,LLC a/co,NH,Eat):(920)923-4020 1119 FAX No: 866 218-6850 17 N Pioneer Road ( ( ) Fond Du Lac,WI 54935 E-MAIL ADDRESS:mkahl@jacksonkahl.com INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:West Bend Mutual Insurance Co. 15350 INSURED INSURER B: Capelle Brothers&Diedrich,Inc. INSURER C: P.O.Box 1274 INSURER D: Fond du Lac,WI 54936-1274 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUER POUCY NUMBER POLICY EFF POUCY EXP LTR INSD WVD (MM/DD/YYYY) IMM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS MADE X OCCUR 2282100 1/1/2019 1/1/2020 DAMAGES(Eao ED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X Fie, LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER. VOLUNTARY PD $ 2,500 A AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT 1,000,000 accident) X ANY AUTO 2282100 1/1/2019 1/1/2020 BODI BODILYYINJNJ $ INJURY(Per person) $ OVMED SCHEDULED AUTOSRE ONLY AUTOS BODILYBODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ONLY PROPERTY a�dentDAMAGE $ $ A X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS UAB CLAIMS-MADE 2282100 1/1/2019 1/1/2020 AGGREGATE $ 10,000,000 DED X RETENTION$ 0 $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABIUTY 0570764 1/1/2019 1/1/2020 STATUTE ER 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OpFFICER/M�MBER EXCLUDED? N N/A 1,000,000 (Mandatory rn H E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Project:Westhaven Circle Park Restroom Renovation The City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are named as additional insureds on a primary and non-contributory for on going and completed oprations with a waiver of subrogation under general liability form#CG2010Y(07/04),CG2037(04/13). Early notice of cancellation and/or nonrenewal for 30 days per endorsement WB213GL(04/14).The umbrella includes in its underlying the general liability, automobile liability and employers liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh Attn:City Clerk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO BOX 1130 Oshkosh,WI 54903-1130 AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2. That portion of "your work" out of which the D. If a written contract between you and the addi- injury or damage arises has been put to its in- tional insured specifically requires that this insur- tended use by any person or organization ance be primary, then the insurance afforded by other than another contractor or subcontrac- this endorsement is primary insurance and we tor engaged in performing operations for a will not seek contribution from any other insur- principal as a part of the same project. ance available to the additional insured named in C. With respect to the insurance afforded to these this schedule unless the other insurance is pro additional insureds, the following is added to vided by a contractor other than the named in- Section III - Limits of Insurance: sured. Then we will share with that other insur- ance by the method described below. If coverage provided to the additional insured is If all of the other insurance permits contribution required by a contract or agreement, the most we will pay on behalf of the additional insured is the by equal shares, we will follow this method also. amount of insurance: Under this approach each insurer contributes equal amounts until it has paid its applicable limit 1. Required by the contract or agreement; or of insurance or none of the loss remains, which- 2. Available under the applicable Limits of In- ever comes first. surance shown in the Declarations; which- If any of the other insurance does not permit con- ever is less. tribution by equal shares, we will contribute by This endorsement shall not increase the applica- limits. Under this method, each insurer's share is ble Limits of Insurance shown in the Declara- based on the ratio of its applicable limit of insur- tions. ance to the total applicable limits of insurance of all insurers. If no contract between you and the additional in- sured requires that this insurance be primary, then the coverage granted to the additional in- sured under this endorsement shall be excess over any other valid and collectible insurance. Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 West Bend Mutual Insurance Company CG 20 10 Y 07 04 West Bend, Wisconsin 53095