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HomeMy WebLinkAboutMidland Engineering Museum Carriage House Roof Replacement ORIGINAL 091% City [36 of Oshkosh _ _ _ CONTRACTOR AGREEMENT: OSHKOSH PUBLIC MUSEUM CARRIAGE HOUSE ROOF REPLACEMENT CITY OF OSHKOSH THIS AGREEMENT, made on the 24th day of JULY, 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MIDLAND ENGINEERING COMPANY,INC.,52369 STATE ROAD 933 NORTH, SOUTH BEND, IN,46637,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 L 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. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: Brian (KeiuLutle A. Abu,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 Hail,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ctoshkosh.wi.us i I ARTICLE DI. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Brad Larson,Museum Director) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for this Project titled "ROOF REPLACEMENT MUSEUM- CARRIAGE HOUSE, STR-SEG PROJECT #14675" dated March 25,2019, 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 RESPONSIBLII1hS The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project,providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed no later than December 6,2019. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$384,000.00 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 VI•II. 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 LX. 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: CON'fl'ACTOR/CONSULTANT v By:thiaOlotivtoith, Pe anistrative Asst. Michael W. FYahn, CPA - Presictht/CM/CFO (Seal of Contractor (Specify Ti ) if a Corporation.) By/ Kenneth A. Sage, Secretary (Specify Title) CITY OF OSHKOSH By: - ( : �� Mark A.Rohloff, City Manager ess) f� , And: L- ess) Pamela R.Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue ,A L under this contract. 'ty Attorn City Comptro er • S`TE —SEG DOCUMENT 004100 BID FORM THE PROJECT AND THE PARTIES A. City of Oshkosh B. City Manager c/o City Clerk's Office-Room 108 C. 215 Church Avenue D. Oshkosh,Wisconsin 54903 1.02 FOR: A. 14675 Museum-Carriage House Roof Replacement 1.03 DATE: TUESDAY,JUNE 25,2019 (BIDDER TO ENTER DATE) 1.04 SUBMITTED BY: (BIDDER TO ENTER NAME AND ADDRESS) A. Bidder's Full Name: Midland Engineering Company.Inc. 1. Address: 52369 State Road 933 North 2. City, State,Zip: South Bend,IN 46637 3. Phone: 574-272-0200 4. E-mail Address: rhaas(cr�,midlandengineering.com 1.05 OFFERS A. BASE BID: Having examined the Place of Work and matters referred to in the Instructions to Bidders and the Contract Documents prepared by STR-SEG for the above-mentioned Project,we, the undersigned, hereby offer to enter into a Contract to perform Work for the Sum of: • -4.t H-t9 xJe2£9 tzi`.DG,r f—c-b ID Fl dollars ($ 3 g 700 ), in lawful money of the United States of America. B. We have included the required security deposit as required by the Instructions to Bidders. C. All applicable federal taxes are included, and State of Wisconsin taxes are included in Bid Sum. 1.06 ACCEPTANCE A. This offer shall be open to acceptance and are irrevocable for 35-days from Bid closing date. B. If this Bid is accepted by Owner within the time period stated above,we will: 1. Commence Work on or after contract award. 1.07 CONTRACT TIME A. Complete Work no later than Friday, December 6, 2019. 14675 Museum-Carriage House-Roof Replacement BID FORM 004100-1 1.0B CHANGES TO THE WORK A. When Owner and Consultant establish that the method of valuation for Changes in Work will be net cost plus a percentage fee in accordance with General Conditions, our percentage fee will be: 1. 20 percent overhead and profit on the net cost of our own Work; _-_. 105.00 Roofia .2:—_ 1s5.00�5��et -=$-per-naan-boor-.__....____._-- 3. 10 percent on the net cost of work done by any Subcontractor. 1.09 ADDENDA A. The following Addenda have been received.The modifications to the Bid Documents noted below have been considered and all costs are included in the Bid Sum. 1. Addendum# N/A Dated 2. Addendum# N/A Dated 1.10 BID FORM SUPPLEMENTS A. The following Supplements are attached to this Bid Form and are considered an integral part of this Bid Form: 1. Document 004336—"Proposed Subcontractors Form": Include the names of Subcontractors and the portions of Work they will perform. 1.11 BID FORM SIGNATURE(S) A. The Corporate Seal of: Midland Engineering Company,Inc. (Bidder-print the full name of your firm) was hereunto affixed in the presence of: Michael W.Frahn,CPA-President/CEO/CFO (Authorized signing officer, Title) (Seal) (Pnneth A. Sage-Secretary (Authorized signing officer, Title) 1.12 IF BID IS A JOINT VENTURE OR PARTNERSHIP,ADD ADDITIONAL FORMS OF EXECUTION FOR EACH MEMBER OF THE JOINT VENTURE IN THE APPROPRIATE FORM OR FORMS AS ABOVE. END OF DOCUMENT 14675 Museum-Carriage House-Roof Replacement 004100-2 BID FORM ST F —S E G DOCUMENT 004336 PROPOSED SUBCONTRACTORS FORM PARTICULARS -.__—.___1_09. Herewith is the 1-k of-S,jh nntrantnrs referenced in hid suhmittPd h — 1.02 (BIDDER) Midland Engineering Company,Inc. 1.03 TO: (OWNER)CITY OF OSHKOSH 1.04 The following Work will be performed (or provided) by Subcontractors and coordinated by us: LIST OF SUBCONTRACTORS 2.01 WORK SUBJECT None Anticipated A. SUBCONTRACTOR NAME B. ADDRESS C. PHONE-FAX-EMAIL 2.02 WORK SUBJECT A. SUBCONTRACTOR NAME B. ADDRESS C. PHONE-FAX-EMAIL 2.03 WORK SUBJECT A. SUBCONTRACTOR NAME B. ADDRESS - C. PHONE-FAX-EMAIL 2.04 WORK SUBJECT A. SUBCONTRACTOR NAME B. ADDRESS C. PHONE-FAX-EMAIL ACCEPTANCE OF SUBCONTRACTORS 3.01 If Owner has a reasonable and substantial objection to any Subcontractor on this list,and refuses, in writing,to accept such person or organization, bidder may, at their option,withdraw their bid,or submit an acceptable substitute,with any adjustment to their bid price occasioned by such substitution,for Owner's consideration. END OF DOCUMENT 14675 Museum-Carriage House-Roof Replacement PROPOSED SUBCONTRACTORS FORM 004336-1 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS IL CONTRACTOR'S INSURANCE WITHOUT PROPERTY INSURANCE REQUIREMENTS The Contractor shall not commence work-on contract until proof of Insurance required has been provided to the applicable City department before the contract or purchase order Is considered for approval by the City. It Is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All Insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever Is longer. 1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY&BONDS A. Commercial General Liability coverage at least as broad as insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit(other than Products—Completed Operations)per project $2,000,000 4. Products—Completed Operations aggregate $2,000,000 5. Fire Damage limit—any one fire -$50,000 6. Medical Expense limit—any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)"if" the project work includes the use of,or operation of any watercraft, then Watercraft Liability insurance must be In force with a limit of$1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products—Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single Limit per accident for Bodily injury and Property Damage, provided on a Symbol#1—"Any Auto" basis. C. Workers'Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability Insurance requirements. If applicable for the work coverage must include Maritime(Jones Act)or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate,and a maximum self-insured retention of$10,000. II - 1 • 4/14/14 - E. Aircraft Liability, "if"the project work Includes the use of,or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of$3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. • F. Builder's Risk / Installation Floater / Contractor's Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss,including loss of use, foi-damage fo properly, materials,tools, equipment, and Items of a similar nature which are being either used In the work being performed by the contractor or its subcontractors or are to be built, Installed, or erected by the contractor or Its subcontractors. G. Also,see requirements under Section 3. H. Bond Requirements 1. Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond,which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 2. Payment and Performance Bond. If awarded the contract, bids that are $25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder,as stipulated in bidding requirements,or specifically required in the contract documents on the date of the contract's execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an AM. Best rating of no less than A-and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability),.Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements,excluding Umbrella Liability, contained in Section 1 above. • II -2 • . 4/14/14 3. APPLICABLE TO CONTRACTORS/SUBCONTRACTORS/SUB-SUB CONTRACTORS A, Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A-and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company In the state of Wisconsin. B, Additional insured Requirements - The following must be named as additional Insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional Insured { coverage must be ISO form CG 20 10 07 04 or its equivalent and also Include Products—Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C, Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk —City of Oshkosh. iI . • • it -3 4 D' CERTIFICATE OF LIABILITY INSURANCE DATE(M,VDD/YYY) 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 en ADDITIONAL INSURED,the pollcy(les) must 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 endarsement(s). PRODUCER CONTACT Insurance Agency contact -NAME: lnfutmeflon,Including arse( PHONE Insurance Apses address and PO Bore If (NC.No.Est): contact fnformstlon. A/C,No): . eP000416 E-MAIL._ — ADDRESS: ' INSURER(S)AFFORDING COVERAGE NAM N INSURER Al ABC Insurance Company NAIC# _ INSURED Insured's vorrfaof lnforrmUon, INSURER El: XYZ Insurance Company NAIL# Including name,address and phone number. INSURER c: LMN Insurance Company NAIC# INSURER D: lnsurr(s)must nave s minimum A.H.Rut rating of A- end a Plnanclel Performance Rating of Vl or nation 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 AMY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS•OF SUCH POLICIES._ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFf POLICY EXP' LTR TYPE OF INSURANCE INSR WW1 POLICY NUMBER (MM/DD/YYY) IMWDD/YYY) LIMITS GENERAL LIABILITY I EACH OCCURRENCE $1,000,000 ENTED ® l ❑ Oenen(FJabildy Poliuy Number IP clisy edseliw and stpisGao due.i PREMISES DAMAGE (Ells oumrz ) $50,000 COMMERCIAL GENERAL LIABILrfY ocwgente A D.CLAIMS-MADE®OCCUR MED EXP(My one parson) $5,000 ® ISO FORM D0.20 97 OR EQUIVALENT PERSONAL&ACV INJURY $1,000,000 ❑ GENERAL AGGREGATE $2,000,000 GENT-AGGREGATE LIMIT APPLIES PEFt PRODUCTS—COMP/OP AGO $2,000,000 01 POUCY 11.1E-CT❑LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE UMIT (ea arnldann .$1,000,000 ElANY AUTO ® ❑ Arlo Uabiily Polley Number (Polley eebcnva and onptallon del.] BODILY INJURY(Per peteon) $ B ❑ALL OWNED —❑ SCHEDULEDAUTOS _ AUTOS BODILY INJURY(Pr acddont) $ ❑HIRED AUTOS ❑ NON-OWNED PROPERTY DAMAGE _ AUTOS (Per aoddenl) $ ❑ ❑ $ ' ®UMBRELLA LIAR ® uR ® ❑ EACH OCCURRENCE $2,000,000 A ill EXCESS LIAO ❑ CLAIMS-MADE Umbrella Lisbdiy Policy Number (Policy aeeaUre end espuedoe defe,l AGGREGATE $2,000,000 ❑DED ®RETENTION s10,000 • $ C ANDR EMPLOY RS'uABILITY ❑ ❑ ® WC OTH- TORY LIMITS ATU- ❑ ER ANY PROPRIETORJPARTNERIEJ(ECUTTVE OFFICE/MEMBER EXCLUDED? YIN Warless Compensation Palley !Policy effective and aspiration data., E.L EACH ACCIDENT $100,000 (Mandatory In NH) N r Number ELDISEAsE—EA EMPLOYEE $100,000 If yes,describe under . DESCRIPTION OF OPERATIONS bale# r EL DISEASE—POLICY LIMB $500,000 ❑ ❑ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACaah ACORD 101,Addilonsl Remarks Schedule,II mars space Is required) Additional insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk—City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:City Clerk Insurance Standard II SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE,THEREOF,NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh,WI 64903.1130 Please Indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate Is for. • Cs/1988-2010 ACORD CORPORATION. All rights reserved, ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations As required by contract Any and all job sites information required to complete this Schedule,if not shown above,will be shown In the Declarations. A. Section II — Who Is An insured is amended to B. With respect to the Insurance afforded to these include as an additional insured the person(s) or additional insureds,the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury' This Insurance does not apply to "bodily injury" or • caused,In whole or in part, by: "property damage"occurring after: 1. Your acts or omissions;or 1. All work, including materials, parts or equip- 2, The acts or omissions of those acting on your ment furnished In connection with such work, behalf; on the project(other than service,maintenance or repairs) to be performed by or on behalf of In the performance of your ongoing operations for the additional Insured(s) at the location of the the additional insured(s) at the location(s) design- covered operations has been completed;or hated above, 2. That portion of "your work" out of which the injury or damage arises has been put to Its in- tended use by any person or organization other than another contractor or subcontractor en- • gaged In performing operations for a principal as a part of the same project. insurance Standard I► SAMPLE CERTIFICATE Please Indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 10 07 04 ©ISO Properties,Inc.,2004 Page 1 of 1 ❑ POLICY NUMBER: Policy10 COMMERCIAL GENERAL LIABILITY CG20370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or OrganIzation(s): Location And Description Of Completed Operations As required by contract Any and all Job sites Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who Is An Insured Is amended to Include as an additional Insured the person(s) or • organizations) shown In the Schedule, but only with respect to liability for "bodily injury', "property dam- age" caused, in whole or in part, by "your work" at the location designated and described In the sched- ule of this endorsement performed for that additional insured and included In the "products-completed operations hazard". Insurance Standard 11 SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for_ • CG 20 37 07 04 ©ISO Properties,Inc_,2004 Page 1 of 1 ❑ Document A310 TM — 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place r f hzLriuess) The Cincinnati Insurance Company Midland Engineering Co., Inc. P.O. Box 145496 This document has important PO Box 1019 Cincinnati, OH 45250-5496 legal consequences.Consultation South Bend, IN 46624 Mailing Address for Notices with an attorney is encouraged with respect to its completion or Same as above modification. OWNER: (Name.legal status and address) Any singular reference to Cityof Oshkosh Contractor,Surety,Owner or other party shall be considered 215 Church Ave plural where applicable. Oshkosh, WI 54903 BOND AMOUNT: 5% Five Percent of Amount Bid PROJECT: (Name,location or address.and Project number.if ant') Roof Replacement Museum-Carriage House, 1242 High Ave, Oshkosh, WI 54902 The Contractor and Surety arc 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 arc 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 hid,then this obligation shall he null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice ol'an agreement between the Owner and Contractor to extend the time in which the Owner may accept the hid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time Fur acceptance of bids specified in the hid documents,and the Owner and Contractor shall obtain the Surety's consent liar 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 dccmcd 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 ol'the Project any provision in this Bond conflicting with said statutory or legal requirement shall he deemed deleted herelront and provisions conlbnning 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. Signed and scaled this 25th day of June, 2019. Midland Engineering Co., Inc. (Principal) (Seal) (Witness) Kenneth A. Sage Secretary By: /IAAK - (Title) Michael W. Frahn, CPA — President/CEO/CCU The Cincinnati Insurance Company ( uret})f Sea/1 �t CORPORATE (IPinrea:r) ,S E A Li By: i/L �+ \.� ( Tracie House ,Attorney-in-Fact OHIO S-0054/AS 8/10 • • THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY Fairfield,Ohio • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY COMPANY,corporations organized under the laws of the State of Ohio, and having their principal offices in the City of Fairfield, Ohio (herein collectively called the"Companies"),do hereby constitute and appoint Tracie House its true and legal Attorney-in-Fact to sign, execute,seal and deliver on behalf of the Companies as Surety,at any place within the United States,the following surety bond: Surety Bond Number: Bid Bond Principal: Midland Engineering Co., Inc. Obligee: City of Oshkosh This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati Insurance Company and The Cincinnati Casualty Company,which resolutions are now in full force and effect, reading as follows: RESOLVED,that the President or any Vice President be hereby authorized,and empowered to appoint Attorneys-in-Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation,and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal;and may with or without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. RESOLVED,that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary and the Seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS WHEREOF,the Companies have caused these presents to be sealed with their corporate seals,duly attested by their President or a Vice President this 8th day of March, 2017. CORPORATE' =`CORPORATE: THE CINCINNATI INSURANCE COMPANY ' SEAL ' '' SEAL - THE CINCINNATI CASUALTY COMPANY • OM10 ONTO STATE OF OHIO )SS: <�Y_ �.`_ A COUNTY OF BUTLER ) Vice President On this 8th day of March,2017 before me came the above-named President or Vice President of The Cincinnati Insurance Company and The Cincinnati Casualty Company,to me personally known to be the officer described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporations. Mark Huller,A orney at Law Nota Public—State of Ohio sT °? My commission has no expiration date. Tf pF Section 147.03 O.R.C. I,the undersigned Secretary or Assistant Secretary of The Cincinnati Insurance Company and The Cincinnati Casualty Company,hereby certify that the above is the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Power of Attorney is still in full force and effect. Given under my hand and seal of said Companies at Fairfield, Ohio,this 25th day of June, 2019 . CORPORATE I....CORPORATE.11 V-SEAL �OHIO ONTO Secretary BN-1457(11/17) • Insurance/Risk Advisory/Employee Benefits • HORTON June 24, 2019 To Whom It May Concern: RE: Our Insured: Midland Engineering Company, Inc. Job: 14675 Museum-Carriage House-Roof Replacement City of Oshkosh, Wisconsin The Horton Group is the Property and Casualty Insurance agent for Midland Engineering Company, Inc. We have reviewed the Insurance Requirements in the following documents: - Article VIII. Insurance in the Contractor Agreement-Sample - II. Contractor's Insurance Without Property Insurance Requirements, Section 1,A thru F, and Section 3,A thru C in the City of Oshkosh Insurance Requirements Our intention is to provide insurance to the bidder in according with the insurance requirements of these contract documents. Sincerely, f,i G (.L-Ile{ L C-. Kathleen Goepfrich, CIC Senior Client Manager (574)334-5530 Kathleen.goepfrich@thehortongroup.com 800.383.8283 r Fax 708.845.3001 www.thehortongroup.com THE CINCINNATI INSURANCE COMPANY Performance Bond Bond No. B1242229 CONTRACTOR(Name, legal status and address): SURETY(Name,legal status and principal place of business): Midland Engineering Co., Inc. THE CINCINNATI INSURANCE COMPANY PO Box 1019 6200 S.GILMORE ROAD FAIRFIELD,OHIO 45014-5141 South Bend, IN 46624 OWNER(Name, legal status and address): This document has important legal consequences.Consultation with City of Oshkosh an attorney is encouraged with respect to its completion or 215 Church Ave modification. Oshkosh,WI 54903 Any singular reference to Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. AIA Document A312-2010 Date: July 24, 2019 combines two separate bonds,a Amount: $384,700.00 Performance Bond and a Payment Bond,info one form. Three Hundred Eighty Four Thousand Seven Hundred Dollars and 00/100 This is not a single combined Description(Name and location):2019 City of Oshkosh Museum- Performance and Payment Bond. Carriage House Roof Replacement at 122 E. High Ave., Oshkosh, WI 54901 BOND Date(Not earlier than Construction Contract Date): August 7, 2019 Amount: $384,700.00 Three Hundred Eighty Four Thousand Seven Hundred Dollars and 00/100 Modifications to this Bond: 6 None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Corporate Seal) s, Midland Engineering Co., THE CINCINNATI INSURAN E COMPANb CORPORATE /y� SEAL Signature: / -/ - c Signature:e Kathleen oepfri Name and Title: mid—sae]. W, Z, CPA Name and Title: Attorney-in-Fact PL :Didant/CTD/CED (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): The Horton Group STR/SEG 10320 Orland Parkway 122 E. Olin Ave.,Suite 190 Orland Park, IL 60467 Madison,WI 53713 708-845-3000 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 Edition. S-2100-AIA-A312(11/10) PERFORMANCE BOND Page 1 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 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 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; 53 Obtain bids or negotiated proposals from qualiifed 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,b be secured with performance and paynrntbondsexecuted by a qualfied suretyequivalentto the bonds issted on he Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in exces,ofthe Balance of the Contract Price ncurred by the Owneras a result ofthe ContractorDefault;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. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 Edition. S-2100-AIA-A312(11/10) PERFORMANCE BOND Page 2 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 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 the 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 shdl be construed as a statutry bond and notas a common hw 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 the 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. The Company executing this bond vouches that this document conforms to Americm Institute of Architects Document A312,2010 Edition. S-2100-AIA-A312(11/10) PERFORMANCE BOND Page 3 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. S-2100-AIA-A312(11/10) PERFORMANCE BOND Page 4 THE CINCINNATI INSURANCE COMPANY Bond No. B1242229 Payment Bond CONTRACTOR(Name, legal status and address): SURETY(Name, legal status and principal place of business): Midland Engineering Co., Inc. THE CINCINNATI INSURANCE COMPANY PO Box 1019 6200 S.GILMORE ROAD South Bend, IN 46624 FAIRFIELD,OHIO 45014-5141 OWNER(Name, legal status and address): This document has important legal consequences.Consultation with an attorney is encouraged with City of Oshkosh respect to its completion or modification. 215 Church Ave Any singular reference to Oshkosh,WI 54903 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. AIA Document A312-2010 Date: July 24, 2019 combines two separate bonds,a Amount: $384,700.00 Performance Bond and a Payment Bond,info one form. Three Hundred Eighty Four Thousand Seven Hundred Dollars and 00/100 This is not a single combined Description(Name and location): 2019 City of Oshkosh Museum-Carriage Performance and Payment Bond. House Roof Replacement at 122 E. High Ave., Oshkosh, WI 54901 BOND Date(Not earlier than Construction Contract Date): August 7, 2019 Amount: $384,700.00 Three Hundred Eighty Four Thousand Seven Hundred Dollars and 00/100 Modifications to this Bond: IN None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Corporate Seal) Midland Engineering Co., Inc. THE CINCINNATI INSURANCE COMPA Signature: / e, Signature: SEAL Kathleen Goepfrich owo Name and Title: michael W. Frabri, CPA Name and Title: Attorney-in-Fact Preside-it/CED/cam (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): The Horton Group STR/SEG 10320 Orland Parkway 122 E.Olin Ave., Suite 190 Orland Park, IL 60467 Madison,WI 53713 708-845-3000 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 Edition. S-2150-AIA-A312(11/10) PAYMENT BOND Page 5 1 The Contractor and the 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 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 Constructbn Contract,the Surety's obligation b the Owner under his Bond shdl arise after the Owner has promptly notified the Contractor and the Suety(at the address described n Section 13)of claims, demands,'lens or suits against be Owner or the Owner's property by any person or entity seeking payrrent for labor,materials or equipment furnishedfor use in the perfirmance ofthe Construction Contact and tendeed defense of such claims,demands, liens or suit to the Contractorand the Surer. 4 When the Owner has satisfied he conditions in Section 3,the Surety shall promptly and at the Surety's expense defend, indemnify and holdhannless the Owneragainsta duly tendered claim,demand,lien orsuit. 5 The Surety'sobligations b a Claimant under this Bond shall arise after the following: 5.1 Claimants,who do not have a dint contractwith 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,haw sent a Claim to the SureW(at the address described in Section 13). 6 If a notice of non-payment required by Section 5.1.1 is given by he Owner to the Contractor,that s sufficient to satisfy a Claimant's obligati on b furnish a written notice ofnon-payment under Section 5.1.1. 7 When a Claimanthas satisfied the conditons ofSections 5.1 or5.2,whichever is applicable,he Surety shallpronnptly and at the Surety's expense take the folowing actions: 7.1 Send an answer to the Claimant,with a copy b the Owner,within sixty(50)days after receiptof the Claim,stating he amounts that are undisputed and the basis foehallenging anyamounts thatare disputed;and 7.2 Pay or arrange for payment of any undisprted amounts. 7.3The Surety's failure to discharge is oblgations under Sectbn7.1 orSection 7.2 shdlnotbe deemed toconstittite a waiver of defenses the Surety orContractormay have orecquire as to a Claim,except as to undisputed amounts forwhich tie Surety and Qaimarthave reached agreement If,however,the Surety fiils to discharge its oblgations under Section 7.1 orSection 7.2,the Surer shall hdemnify the Claimantfor the reasonable attorney's fees the Claimantincurs thereaftr to recover any sums found to be due and owing b the Claimant. 8 The Surety's total obligation shallnot exceed the amount ofthis Bond,plus the amount ofreasonable attomey's fees provided under Section 7.3,and the amomt ofthis Bond shallbe credited for any payn>rnts made in good faith by the Suety. 9 Amounts owed by tie Owner to the Contactor under he Construction Contractshall be used for the performance ofthe Construction Contract and to satisfy clams,if any,underany conshuctbnperformance bond.By the Contractorfurnishing and the Owner accepting this Bond,they agree thatall funds earned by he Contractor in the perfirmance ofthe Construction Contract are dedicated to sattfy obligations ofthe Contractorand Surety under this Bond,subject to the Owner's priority to use the funds for the corrpletion of the work. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 Edition. S 2150-AIA A312(11/10) PAYMENT BOND Page 6 10 The Suretyshall not be lable to the Owner,Claimants orothers fir obligations of the Contractorthatare unrelat;d to the Construction Contract.The Owner shall notbe liable forpayment ofany costs orexpens ofany Claimantunder this Bond, and shall have under this Bond no obligations to make payments b,orgive notice on behalfif,Claimants orotherwse have any oblgations to Claimants under this Bond. 11 The Suretyhereby waives notice ofany change,including charges oftime,to the Construction Contract or to related subcontracts,purchase orders and otherobligations. 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 ore 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 the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 Edition.S S-2150-AIA,A312(11/10) PAYMENT BOND Page 7 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. 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. S-2150-AIA-A312(11/10) PAYMENT BOND Page 8 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY,a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Thomas R.Cassady,Jr.;Gregg L.Brasseur;Lisa A. Meek;Tracie House;Nancy A. Fedder; Kathleen Goepfrich;Wendy McSorley and/or Rebecca Mann of South Bend,Indiana its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States,up to Twenty Five Million and No/100 Dollars($25,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF,THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 8`h day of March, 2017. ���u�°""•+�. THE CINCINNATI INSURANCE COMPANY j coitmeATE a SEAL t 5..*3\IIK�� A .. `---� OH10 • Vice President STATE OF OHIO ) ss: COUNTY OF BUTLER On this 8th day of March, 2017, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY,to me personally known to be the officer described herein,and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. `i��,gt A L��'• ''b AR 'S 1 Fes ; � _• _� 3 o MARK J.H LLER,Attorney at Law dt % j, ♦ NOTARY PUBLIC-STATE OF OHIO C. My commission has no expiration sss j Q .,o date.Section 147.03 O.R.C. I,the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY,hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. 74GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of . qo/q 4i ooirourE Secretary aSEAL ()Hie BN-1005 (3/17)