Loading...
HomeMy WebLinkAboutDonohue 18-16 WWTP Digester Mixing System Upgrade 1360(05 D O N O H U E Donohue&Associates,Inc. 3311 Weeden Creek Road I Sheboygan,WI 53081 920.208.0296 I donohue-associates.com September 6, 2019 RECEIVED Mr. Mark Eimmerman SEP 5 207g August Winter&Sons, Inc. AEPT OF P Apple2323 ton,WI 549oemer 11 OSfjKOsN, W,sc�NsNS Re: City of Oshkosh Department of Public Works Contract 18-16 WWTP Digester Mixing System Upgrade Notice of Award and Contract Execution Donohue Project Number 13452 Dear Mr. Eimmerman: You are hereby advised that the above referenced contract has been awarded to your firm by the City of Oshkosh during a Common Council meeting on August 13, 2019. Accordingly, enclosed are the Notice of Award and one email copy of the Contract Documents for contract execution by your firm. When executing the contracts, please make four paper copies of the attached contract document file and formally execute the four copies (two will be given to the City of Oshkosh, one returned to you, and one for the engineer). In accordance with the Instructions to Bidders, you must deliver four fully executed counterparts of the Agreement, including all Contract Documents (Bonds and insurance), within fifteen days following the date of the Notice of Award (or no later than September 20, 2019). Failure on the part of the contractor to do so may result in forfeiture of the bid bond as liquidated damages. Please execute and return all four copies of the Contract Documents,with original signatures,to my attention at the address given above in our letterhead. I will review the documents for completeness and will then forward to the City of Oshkosh for final execution. When executing the Agreement, please refer to the Contract Documents when performing the following: • The Agreement should be signed by your appropriate company officials on Page 00520-9. Please note that no date should be affixed by the contractor to this page. This date (the effective date of the agreement)will be inserted by the City of Oshkosh at the time the Agreements are executed by them. • Your surety company is to furnish Contract Security(Bonds) along with the corresponding"Power of Attorney" as specified in the Instructions to Bidders, General Conditions, and Supplementary Conditions. • In order to prevent delays in the approval of the Bonds, which could, in turn, delay the execution of the contract; please note the specific requirements regarding the form of the Bonds. To be deemed acceptable, the Bonds shall be issued using the forms provided for this purpose in the Contract Documents. • The date of the Contract is the Award date,which was August 13, 2019. This date can be inserted in the Bonds in the date area under the heading "Date Bond Executed." Mr. Mark Eimmerman Page 2 I September 6, 2019 The Contract Amount is the Total of All Bid Prices of$1,699,850. Your attention is also directed to Article 6 in the General Conditions, Article 6 in the Supplementary Conditions, and Article 6 in the Supplementary Conditions—City of Oshkosh (Section 00790) which concern the Contractor's minimum insurance requirements and coverage limits. Before work can start on the project, the Contractor must provide certificates of insurance or copies of the insurance policies indicating compliance with the Contract Documents to the City of Oshkosh for their approval. Any deviation from these minimum requirements may result in costly and undesirable delays. Please note that the certificates provided to the City must clearly state that the City will be notified in writing at least 30 days prior to any policy change, cancellation, or non-renewal, and that the City and Donohue & Associates, Inc. are to be named as additional insured on the insurance certificates. Following your execution of the Agreement,you are requested to return all four counterparts to me, and I will forward to the City for their final review and execution. One fully executed counterpart of the Agreement with the Contract Documents attached will then be returned to you. These documents will also be included in the Conformed Documents for Construction set that will be provided prior to the start of construction. Within ten days following your receipt of the fully executed Agreement,you are to submit to the Engineer a preliminary progress schedule indicating the order in which you propose to complete the work. In addition, please provide the Engineer your shop drawing submittal schedule,and a schedule of values for the work that will form the basis of your payment estimate form. Shortly,a preconstruction conference will be scheduled to discuss and review the schedules and the work. This conference will also be used to establish procedures for submittals, payment requests, and other related business activities. The meeting will be held in the City of Oshkosh —the date, time and exact location to be determined. I will forward a preconstruction conference agenda prior to the meeting. After execution of the Contract Documents and approval of the Bonds and insurance, and after the pre- construction conference is held, a Notice to Proceed with construction will be issued by the City. We look forward to working with you on the successful completion of this project. Please acknowledge receipt of the Notice of Award and Contract Documents by signing below and returning this letter to me. Please contact me if you have any questions regarding the information and guidance provided in this letter. Sincerely, onstruction Pr 'ect Manager Enclosures: As noted Copy: Tracy Taylor, City of Oshkosh Mike Gerbitz and Jeff Wills, Donohue Mr. Mark Eimmerman Page 3 I September 6, 2019 ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF AWARD AND CONTRACT DOCUMENTS Acknowledged by: (signature) By: I (Awry ev/e.4 Title: /1575 t b- - SYa .s, C1 Date: //,�//'( / • NOTICE OF AWARD DATED: September 5, 2019 SEp 2 2 p19 O O Sni(ps11 11'1,'C WOE TO: August Winter& Sons, Inc. SCON ��S Attn: Mark Eimmerman PO Box 1896 Appleton, Wisconsin 54911 CONTRACT: CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS CONTRACT 18-16 WWTP DIGESTER MIXING SYSTEM UPGRADE OSHKOSH, WISCONSIN You are notified that your Bid dated August 5, 2019, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for providing the total Work of the Contract. The Contract Price of your Contract is One Million Six Hundred Ninety-Nine Thousand Eight Hundred Fifty Dollars ($1,699,850.00). Four(4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Additional sets of Drawings will be delivered separately at a later date. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by September 20, 2019. 1. Deliver to the Owner four (4) fully executed counterparts of the Contract Documents. Each of the Contract Documents must bear your signature on the appropriate page of the Agreement. 2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders (Article 20), General Conditions (Article 6), and Supplementary Conditions. 3. Deliver with the executed Contract Documents the certificates of insurance (with a copy to each additional insured) which you are required to purchase and maintain in accordance with the Contract Documents as specified in the General Conditions (Paragraph 2.01.B). Failure to comply with these conditions within the time specified will entitle Owner to consider your Bid in default, to annul this Notice of Award, and to declare your Bid security forfeited. Donohue&Associates, Inc. NOTICE OF AWARD Project No. 13452 00510-1 Within ten (10) days after you comply with the above conditions, Owner will return to you one (1) fully executed counterpart of the Contract Documents. City of Oshkosh, Wisconsin (OWNER) h A 147J (AUTHORIIZED Iljr SIGNATURE) PuUle. W /uIi Cf ( / A- cl,--ray (TITLE) r Copy Engineer NOTICE OF AWARD Donohue &Associates, Inc. 00510-2 Project No. 13452 AGREEMENT AGREEMENT THIS AGREEMENT is by and between the City of Oshkosh, Wisconsin, (hereinafter called Owner) and August Winter& Sons, Inc, Appleton,Wisconsin, (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 —WORK 1.01 The Work of this Contract is generally described as general construction of wastewater treatment facility improvements. Specific improvements include removing an existing gas-mixing system from Digesters 1 and 2, installing a new mixing system for Digesters 1 and 2, closing openings in the aeration basins, and miscellaneous other modifications. ARTICLE 2—THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS CONTRACT 18-16 WWTP DIGESTER MIXING SYSTEM UPGRADE OSHKOSH,WISCONSIN ARTICLE 3—ENGINEER 3.01 The Project has been designed by Donohue & Associates, Inc., who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4—CONTRACT TIMES 4.01 Time of Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before December 31, 2020, and completed and ready for final payment in accordance with Article 15 of the General Conditions on or before March 31, 2021. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed and Milestones not achieved within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding that actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): Donohue &Associates, Inc. AGREEMENT Project No. 13452 00520-1 1. Substantial Completion: Contractor shall pay Owner One Thousand Five Hundred Dollars ($1,500) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract)for completion and readiness for final payment, Contractor shall pay Owner One Thousand Five Hundred Dollars ($1,500) for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount equal to the sum of the established Unit Price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the following schedule for Unit Price Work: AGREEMENT Donohue &Associates, Inc. 00520-2 Project No. 13452 UNIT PRICE SCHEDULE No. Section Item Qty Unit Bid Unit Price Bid Price 1 All All Work Except For Sections Items No. 2 through 1 LS $ 1,504,850.00 per LS $_ 1,504,850.00 No. 4 2 01210 Digester Cover 1 LS $ 35,000.00 per LS $ 35,000.00 Reinforcement Allowance - 3 02100 Removal, Processing, and 200 DT $ 580.00 per DT $ 116,000.00 Disposal of Digester Contents 4 04900 Tuckpointing 2,000 SF $ 22.00 per SF $ 44,000.00 TOTAL OF ALL BID PRICES (Sum of Bid Price for Each Item) $ 1,699,850.00 (figures) One Million Six Hundred Ninety-Nine Thousand Eight Hundred Fifty Dollars (words) Qty=Estimated Quantity Estimated Price(for each Item) =Qty x Unit Price(for each item) LS =Lump Sum DT = Dry Tons of Digester Contents assuming landfill disposal costs are payed directly by Owner SF =Square Feet of Brick Tuckpointing As provided in Article 13 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Article 10 of the General Conditions. Unit prices have been computed as provided in Article 13 of the General Conditions. All specific allowances identified in Section 01210 are included in the above price in accordance with Article 13 of the General Conditions. Donohue&Associates, Inc. AGREEMENT Project No. 13452 00520-3 ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on the date of each month as established in the preconstruction conference during performance of the Work as provided herein. All such payments will be measured by the Schedule of Values established as provided in Paragraph 2.05.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. B. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 15.01 of the General Conditions: 1. Ninety five percent (95%) of Work completed (with the balance being retainage). If the Work has been fifty percent (50%) completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments will be in an amount equal to 100% of the Work completed less the aggregate of previous retainage and payments previously made. At 50% completion, or any time thereafter, when the character and progress of the Work is not satisfactory, additional amounts may be retained, but in no event shall the total retainage be more than 10%of the value of the Work completed. C. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to ninety five percent (95%) of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 15.03 of the General Conditions and less ten percent (10%) of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the Certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7—INTEREST 7.01 All amounts not paid when due as provided in Article 15 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the project. AGREEMENT Donohue &Associates, Inc. 00520-4 Project No. 13452 ARTICLE 8—CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered and correlated the information known to the Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and all additional or supplementary examinations, investigations, explorations, tests, studies, and data with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Donohue &Associates, Inc. AGREEMENT Project No. 13452 00520-5 ARTICLE 9 —CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10, inclusive); 2. Performance Bond (pages 00610-1 to 00610-3, inclusive); 3. Payment Bond (pages 00615-1 to 00615-2, inclusive); 4. Addenda (numbers 1 to 2, inclusive); 5. Specifications as listed in the Table of Contents of the Project Manual; 6. Drawings, not attached hereto, consisting of a cover sheet and sheets numbered 1 through 34, inclusive, with each sheet bearing the following general title: CITY OF OSHKOSH CONTRACT 18-16 WWTP DIGESTER MIXING SYSTEM UPGRADE; 7. Supplementary Conditions—City of Oshkosh (pages 00790-1 to 00790-2, inclusive); 8. Supplemental Conditions(pages 00800-1 to 00800-12, inclusive); 9. General Conditions(pages 00700-1 to 00700-72, inclusive); 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Tabulation. b. Contractor's Bid Bond. c. Contractor's Signature Pages. d. Disclosure of Ownership. e. List of proposed Subcontractors having a direct contract with the Contractor from the Subcontractor Listing included with the Contractor's Bid (page 00410-9). f. "Base Bid Material and Equipment Schedule" from Contractor's Bid (page 00410- 10); g. Contractor Safety Acknowledgement for Risk Management Program Facilities; 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed; b. Change Orders; c. Work Change Directives; d. Field Orders; AGREEMENT Donohue &Associates, Inc. 00520-6 Project No. 13452 e. Engineer's written interpretations and clarifications. B. The Contract documents are complementary; what is required by one is as binding if required by all. In the event that any provision in any of the above component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first emunerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. C. The documents listed in Paragraph 9.01.A. are attached to this Agreement (except as expressly noted otherwise above). D. There are no Contract Documents other than those listed above in this Article 9. E. The Contract Documents may only be amended, modified, or supplemented as provided in Article 3 and Article 11 of the General Conditions. ARTICLE 10—MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions and Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: Donohue&Associates, Inc. AGREEMENT Project No. 13452 00520-7 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two (2) or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. (Continued On Next Page) AGREEMENT Donohue &Associates, Inc. 00520-8 Project No. 13452 IN WITNESS WHEREOF, Owner and Contractor have signed four copies of this Agreement. Two counterparts have been delivered to Owner, and one counterpart each to the Contractor and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor. This Agreement will be effective on""eitayt7,-,41111which is the Effective Date of the Agreement). Li OWNER: �1 XCaTRACTOR: City of Oshkosh, Wisconsin August Winter& Sons, Inc, Appleton, Wisconsin � -- Mark A. Rohloff, City Manager (signature) Pamela R. Ubrig, Ci Clerk (typed name and title) Lynn Loren o , ity Attorney Attest Russ Van Gomp , Dire for of Finance si e) I hereby certify that the necessary provisions Address for giving notices: have been made to pay the liability which will accrue under this contract. 3 42 3 N . Roemer fppi fm, 6W1 �{vR /Vzliler k Jb r License No. l Moab y s P (where applicable) Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Donohue &Associates, Inc. AGREEMENT Project No. 13452 00520-9 Designated Representative: Name: Title: Address: Phone: Email: AGREEMENT Donohue &Associates, Inc. 00520-10 Project No. 13452 CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF AUGUST WINTER & SONS, INC. I,Gerald J.Hietpas,hereby certifying that I am duly elected and qualified Secretary of August Winter & Sons, Inc. and keeper of its records and the Corporate Seal and that the following is true and correct copy of a Resolution duly adopted at a special meeting of the Board of Directors of said August Winter & Sons, Inc.duly convened in accordance with the By-Laws of said Corporation at its office at Appleton, Wisconsin,on the 14th day of June,2019. RESOLVED, that Mark M. Eimmerman, President, and Gerald J. Hietpas, Vice-President, Secretary and Treasurer,and Travis B. Glennon, Assistant Secretary and Assistant Treasurer, and each of them is hereby authorized to execute all contracts and all other papers necessary in the transaction of the Corporation's business and to bind the Corporation by such execution without any other signature of any other Officer. IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary and have caused this Corporate Seal of said Corporation to be hereto affixed this 14th day of June,2019. Gerald J. Hietpas, Secret (CORPORATE SEAL) I,Gerald J. Hietpas, a Director of said Corporation do hereby certify that the foregoing is a correct copy of a Resolution passed as therein set forth. • Gerald J. Hietpas, Director • RECEIVED SEP252019 PERFORMANCE BOND DEPT OF PUBLIC W O R K S CITY OF OSHKOSH OSHKOSH, WISCONSIN Bond No. 035454V Contract Number 18-16, WWTP Digester Mixing/� ���System Upgrade'' Date Bond Executed(Date of Contract or Later) 0,141 r 13, 0```1)/C PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization August Winter& Sons, Inc. 2323 N. Roemer Road, PO Box 1896 _Individual Partnership Appleton, WI 54911 X Corporation State of Incorporation Wisconsin SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond Ohio Farmers Insurance Company $1,699,850.00 P.O. Box 5001 Westfield Center, OH 44251-5001 OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally,bind themselves, their heirs,executors,administrators,successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above,which is incorporated herein by reference. This Bond shall cover any work performed during initial construction and any warranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after: 1. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract. Within five (5) business days of the Owner's notice, either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five (5) business days of the request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed a reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any,to subsequently declare the Contractor in default; 2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default;and 3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actions: 1. Arrange for the Contractor,with consent of the Owner,to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract;or 5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above,Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2)business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or(iv) upon transmission if by facsimile,email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. The above obligation is void if the Contractor performs and fulfills all the terms,conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. • August Winter& Sons, Inc. Ohio Farmers Insurance Company " Name of Principal/Contractor Name of Surety Title �.SS}-. 5ecrrta rU Tit a Kelly Nicole Bru an,Attorney-in-Fact RECEIVED SEP 2 5 1019 DEPT O► KAILIC woRks CITY OF OSHKOSH PAYMENT BOND OSHKOSH, WISCONSIN Bond No. 035454V Contract Number 18-16, WWTP Digester Mixing System Upgrade Date Bond Executed(Date of Contract or Later) `"—"J, /3, a'/9 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization August Winter& Sons, Inc. 2323 N. Roemer Road, PO Box 1896 _Individual _Partnership Appleton, WI 54911 X Corporation State of Incorporation Wisconsin SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond Ohio Farmers Insurance Company $1,699,850.00 P.O. Box 5001 Westfield Center, OH 44251-5001 OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally,bind themselves, their heirs,executors,administrators,successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract identified above,which is incorporated herein by reference,subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. • Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims, if any,under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim,demand,lien or suit. Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered;or(ii) two (2)business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or(iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. August Winter& Sons, Inc. Ohio Farmers Insurance Company Name of Principal/Contractor Name of Surety Title 4% , 5'�rp-`t r Ti e Kelly Nicole Brugg an,Attorney-in-Fact Surety Acknowledgment State of Minnesota } } ss. County of Hennepin } On this OM day of /41. /A t- 201 g , before me personally came Kelly Nicole Bruggeman, to me known,who being by me duly sworn, did depose and say that she is the Attorney-in-Fact of Ohio Farmers Insurance Company described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name to it by like order. Notary Public "wEsr' MICHELLE DIANE HALTER 0 Notary Public it. . ;*1 Minnesota 7i$' My Commission Expires 0 � •.,,�..,,.� Jan 31,2023 THIS'POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 09/28/18, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 2263612 01 General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio,do by these presents make, constitute and appoint BRIAN D.CARPENTER, NICOLE LANGER, CRAIG OLMSTEAD,JESSICA HOFF, MICHELLE HALTER, HEATHER R.GOEDTEL, KELLY NICOLE BRUGGEMAN, BLAKE S. BOHLIG, JOINTLY OR SEVERALLY of BLOOMINGTON and State of MN its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted try the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shal be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.` "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8,2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 28th day of SEPTEMBER A.D.,2018 . Corporate �. Sys '� ,,•-c‘nN�n1 F.' ��•••, WESTFIELD INSURANCE COMPANY Seals /, •-•••;dc`o,k ',c,P.•'••"•••-NsG,,I ;° "4t. WESTFIELD NATIONAL INSURANCE COMPANY Affixed �vr` .A+ '� p 0/ •.1) ; 3 ::. * -t OHIO FARMERS INSURANCE COMPANY ( SEALI } SEAL ,y�llJlrEj�0 „,,,)-. :04, t : 1848 /4es ...znikm..s.rl• ? Kr,..n State of Ohio """ yDennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On:his 28th day of SEPTEMBER A.D.,2018 , before me personally came Dennis P. Baus to me known,who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial ..w..,. Seal a aI A L S ye AV'xed Z 1�...... . 1` • • David A. Kotnik, Attorney at Law, Notary Public State of Ohio - N o My Commission Does Not Expire(Sec.147.C3 Ohio Revised Code) County of Medina ss.: y '1y. TF OF Ot'F I, Frank A. Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney; executed by said Companies,which is still in full force and effect; and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D.. . aSyN IBif. C` ,,,s'-c()NA(•1�•. .,,....,,,,,,,.,,, ( ia, apt,......, S% ,' %� f�: r to sue; :pS inflip': 1 Ph= bEA"aL i}ti '"1: SEAL tin= :m• = Secretary ',, ,T �i .'o! S :• 1848 , Frank A. Carrino, Secretary • u ,. •• rmr.".•'• BPOAC2(combined)(06-02) EXHIBITS TO THIS AGREEMENT • Contractor's Bid Tabulation & Signature Pages • Contractor's Bid Bond & Surety Acknowledgement • Disclosure of Ownership Form • Proposed Subcontractor's List • Base Bid Material and Equipment Schedule • Contractor Safety Acknowledgement • Addendum No.1 • Addendum No. 2 • Contract 18-16 WWTP Digester Mixing Upgrade(:6312297) Owner.Oshkosh WI,City of Solicitor:Donohue&Associates,Inc. I _ Bid Opening: 08/05/2019 10:00 AM CDT August Winter&Sons,Inc PO Box 1896 Appleton,WI 54911 Section Title Item Code Item Description UofM Quantity Unit Price Extension Section 1: Base Bid $1,699,850.00 All work except for items #2 through#4;complete 10000 as specified Lump Sum ].00 $1,504,850.00 $1,504,850.00 Digester cover reinforcement allowance; 1210 complete as specified Lump Sum 1 00 $35,000.00 $35,000.00 Removal,processing,and disposal of digester contents;complete as 2100 specified Dcv Tons 200.00 $580.00 $116,000.00 Tuckpointing;complete 4900 as specified Square Feet 2,000.00 $22.00 $44,000.00 Base Bid Total: $1,699,850.00 r:\uan.10-:.,,Appoa„lorahNerrovoltkWindaws1Ternpontry m,a,,,,.;l,,.,,.,,,en,.IL,„it,,wlmdwohd.w_OIL,E,d Page 1 of 1 8/5/2019 BID FORM BIDDER: August Winter & Sons, Inc. (name—typed or printed) PROJECT IDENTIFICATION: City of Oshkosh Department of Public Works Contract 18-16 WWTP Digester Mixing System Upgrade, Oshkosh,Wisconsin DONOHUE'S PROJECT NUMBER: 13452 ARTICLE 1 —BID RECIPIENT THIS BID IS SUBMITTED TO: City of Oshkosh www.QuestCDN.com Quest Project No.6312297 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Official Notice to Contractors and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. Bidder has not added any conditions or qualifying statements to the Bid. The Bid will remain subject to acceptance for the Bid withdrawal time stated in the Official Notice to Contractors, or for such longer period of time that Bidder may agree to in writing upon request of Owner. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds, evidence of insurance coverage, and other documents required by the Bidding Requirements within fifteen (15)days after the date of Owner's Notice of Award. ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement,that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the Addenda. B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: reports of explorations and test of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities), if any, BID FORM Donohue&Associates, Inc. 00410-2 Project No. 13452 that have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable Technical Data. E. Bidder has considered and correlated the information known to the Bidder; information commonly known to bidders doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and all additional or supplementary examinations, investigations, explorations, tests, studies, and data with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and(3) Bidder's safety precautions and programs. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents ARTICLE 4—BIDDER'S CERTIFICATION 4.01 Bidder further represents that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; Donohue&Associates, Inc. BID FORM Project No. 13452 00410-3 3. "collusive practice" means a scheme or arrangement between two (2) or more Bidders, with or without the knowledge of Owner, purposes of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. BID FORM Donohue&Associates, Inc. 00410-4 Project No. 13452 ARTICLE 5—BASIS OF BID Addendum 1 and 2 noted 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): UNIT PRICE SCHEDULE No. Section Item Qty Unit Bid Unit Price Bid Price • 1 All All Work Except For 1 504 85� 1 ,504,850 Sections Items No.2 through 1 LS $ ' ' er LS $ No.4 2 01210 Digester Cover 1 LS $ 35,000.00 $ 35,000.00 Reinforcement Allowance 3 02100 Removal,Processing, and 200 DT $ 580.0oper DT $ 116,000 Disposal of Digester Contents 4 04900 Tuckpointing 2,000 SF $ 22.00 per SF $ 44,000 TOTAL OF ALL BID PRICES (Sum of Bid Price for Each Item) $ 1 ,699,850 (figures) One Million Six Hundred Ninety Nine Thousand Eight Hundred Fifty Dollars (words) Qty=Estimated Quantity Estimated Price(for each Item)=Qty x Unit Price(for each item) LS=Lump Sum DT= Dry Tons of Digester Contents assuming landfill disposal costs are paid directly by Owner SF=Square Feet of Brick Tuckpointing Unit Prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. All specific allowances identified in Section 01210 are included in the price set forth above and have been computed in accordance with Paragraph 13.02 of the General Conditions. A. Base Bid Material and Equipment: Donohue&Associates, Inc. BID FORM Project No. 13452 00410-5 1. Bidder has included in the Bid price the installed cost of material and equipment furnished by the circled Supplier as named in the Base Bid Material and Equipment Schedule, which is induded at the end of this Bid Form. 2. The circled Supplier has been selected from Supplier A, B, or C as named in the Base Bid Material and Equipment Schedule in accordance with the Instructions to Bidders. 3. If a substitute is offered, Bidder has included the name of the Supplier and the amount to be deducted from the Bid price for the proposed substitute in the Base Bid Material and Equipment Schedule in accordance with the Instructions to Bidders. Bidder agrees that the procedures for submission and consideration by Engineer for determining the acceptability of substitutes will be as set forth in the General Conditions and the Supplementary Conditions. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially completed and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of an electronic bid in the amount of five percent(5%)of the total Bid amount. B. List of proposed Subcontractors having a direct contract with the Contractor. The Subcontractor listing is included at the end of this Bid Form. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. BID FORM Donohue&Associates, Inc. 00410-6 Project No. 13452 ARTICLE 9—BID SUBMITTAL SUBMITTED ON August 5 , 20 19 State Contractor License No. HVAC 1 20264 . (If applicable) If Bidder is: MP 871958 An Individual Name (typed or printed): N/A By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: FAX No.: A Partnership Partnership Name: (SEAL) By: (Signature of general partner—attach evidence of authority to sign) Name(typed or printed): Business address: Phone No.: V FAX No.: A Corporation Corporation Name: August Winter & Sons, Inc. (SEAL) State of Incorporation: Wisconsin Type(General Busi rofessional, S e, mited Liability): General Business By: Signs u —attach evidence of authority to sign) Name (typed or printed): Mark Elmmerman Title: President Attest: (CORPORATE SEAL) (Signature of Corporate Secretary) Business Address: 2323 N. Roemer Road, Appleton, WI 54911 Phone No: 920-739-8881 FAX No.: 920-739-2230 Date of Authorization to do business is Since 1929 Donohue&Associates, Inc. BID FORM Project No. 13452 00410-7 A Joint Venture Name of Joint Venture: N/A First Joint Venturer Name: (SEAL) By: (Signature of joint venture partner—attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Second Joint Venturer Name: (SEAL) By: (Signature of joint venture partner—attach evidence of authority to sign) Name(typed or printed): Title: Business address: Phone No.: FAX No.: Phone and FAX Number, and Addrass for receipt of official communications: v (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) BID FORM Donohue&Associates, Inc. 00410-8 Project No. 13452 BID BOND CITY OF OSHKOSH Contract Number 18-16,WWTP Digester Mixing System Upgrade Date Bond Executed(Date of Contract or Later) August 5,2019 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization August Winter&Sons, Inc. Individual _Partnership 2323 N.Roemer Road,PO Box 1896 X Corporation Appleton, WI 54911 rp State of Incorporation Wisconsin SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond Ohio Farmers Insurance Company Five Percent of Amount Bid(5%) P.O.Box 5001 Westfield Center,OH 44251 OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this Contractor within the time specified in the bid documents or within such time period as may be agreed upon between the Owner and the Contractor,and the Contractor shall fail to execute the Contract within five(5)business days of written notice to the Contractor and Surety of Owner's intent to make a claim upon this Bond. 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. If the Contractor either enters into a contract with Owner in accordance with the terms of the bid and gives such bond(s) that may be specified in the bidding documents for the faithful performance of the Contract and for the prompt payment of labor, materials and supplies furnished for the purpose thereof; or pays to the Owner the difference between the amount specified in the bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered in such bid,then the Surety and the Contractor shall have no obligation under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice,if hand delivered;or(ii)two(2)business days following deposit in the United States mail, postage prepaid; (iii)upon delivery by a commercial carrier that will certify the date and time of delivery;or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. August Winter&Sons,Inc. Ohio Farmers Insurance Company Name of Principal/Contractor Name of Surety Title -Ira i 5 (vie-nal)n Tit e Kelly Nicole B eman,Attorney-in-Fact f 54-, ce--p seu2 rj Surety Acknowledgment State of Minnesota - } ss. County of - Hennepin On this 5th day of August 2012, before me personally came Kelly Nicole Bruggeman, to me known,who being by me duly sworn,did depose and say that she is the Attorney-in-Fact of Ohio Farmers Insurance tro�pai y described in and which executed the above instrument;that she knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal,that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name to it by like order. I Notary Public HEATHER R GOEDTEL Notary Public Minnesota \yam" My Commission Expires \�Y/ Jan 31,2073 TNISPPOW5R OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 09/78/18,FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 2263612 01 General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center,Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a 'Company' and collectively as 'Companies; duly organized and existing under the laws of the State of Ohio,and having Its principal office In Westfield Center, Medina County,Ohio,do by these presents make,constitute and appoint BRIAN D.CARPENTER,NICOLE LANGER,CRAIG OLMSTEAD,JESSICA HOFF,MICHELLE HALTER,HEATHER R.GOEDTEL, KELLY NICOLE BRUGGEMAN,BLAKE S.BOHLIG,JOINTLY OR SEVERALLY of BLOOMINGTON and State of MN its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognlzances, undertakings, or other Instruments or contracts of suretyship- , LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE TEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as It such bonds were Signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-In-Fact may do in the premises. Said appointment is made under and by authority of•the following resolution adopted by the Board of Directors of each or the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and Is hereby vested with full power end authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-In-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts, agreements of Indemnity and other conditional or obilgatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-In-Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' 'Be It Further Resolved,that the signature of any such designated parson and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached.' (Each adopted at a meeting held on February 8,2900). In Witness Whereof,WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY end OHIC FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and senior Executive and their corporate seals to be hereto affixed this 28th day of SEPTEMBER AD.,2015. Corporatr •• ;,,,,,, Seals sBM'Pi` �p�!nN �Na", ''"""""`' WESTFIELD INSURANCE COMPANY e { -a WESTFIELD NATIONAL INSURANCE COMPANY Amlrod4A0 ¢I e c ••Gt / i OHI FARMERS INSURANCE COMPANY SELL 11s -LL SEAL ` __ 3 I ERfj? il•• ,� I% •:or t. 184E; i . ?Kr,..3 Nre State of Ohio "' . Dennis P.Baus,National Surety Leader and County of Medina ss.: Senior Executive On this 28th day of SEPTEMBER A.D.,2018 ,before me personally came Dennis P.Baus to me known,who,being by me duly sworn,did depose and say,that he resides In Wooster, Ohio;that he Is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described In end which executed the above Instrument that he knows the seals of said Companies;that the seals affixed to said Instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial earded ���/�//!_� Seel pIAL 7, �r//{/—/—fA/L�'_ Arfixeo r �lllf�jj E`r • �..� • David A.l(otnik,Attorney at Law,Notary Public State of Ohio N 7' 1. o My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) County of Medina as \*T "D`+F *. tdF I,Frank A.Camino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies,which Is still in full force end effect and furthermore,the resolutions of the Boards or Directors,sat out In the Power of Attorney are In full force and effect. n W e Whereo, I •ve hereunto set my han0 and affixed the seals of said Companies at Westfield Center, Ohio, this •Ilitilay of .4714>e“;•;""Ncst, s ic,..,%%7' .''• G. lee- .'-. 5,.,. Six .,..---- i SEAL ;{ SEAL tm_ sm t 1 l�'. 'r 1 1 dItiL Secretary +fir sr• :O: •e •��:ear Frank A.Cerrino,Secretary BPOAC2(combined)(08.02) • City of Oshkosh TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: DISCLOSURE OF OWNERSHIP FORM Please review the attached Department of Workforce Development Disclosure of Ownership form. If Item 3 on this Disclosure of Ownership form applies to your company, you must complete the Disclosure of Ownership form and upload in the appropriate location on Quest V-Bid. If Item 3 on the Disclosure of Ownership form does NOT apply to your company, you must complete the information below and upload this page in the appropriate location on Quest V-Bid. CERTIFICATION I certify by my signature below that Item 3 of the attached Disclosure of Ownership form does NOT apply to my firm,or a shareholder,officer,or partner of my firm. August Winter & Sons, Inc. Name Mark Eimmerman Printed Name President Title August Winter & Sons, Inc. Company Name August 2, 2019 Date I.`Engineering\Tracy Taylor)Public Works Contracts\Miscellaneous\Disclosure of Ownership Form 2.1• Pagel of 1 17 doo City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh.WI 54903-1130 http://www.ci.oshkosh.wi.us State of Wisconsin Department of Workforce Development Disclosure of Ownership Equal Rights Division The statutory authority for the use of this form is prescribed in Sections 66.0903(12)(d),66.0904(10)(d)and 103.49(7)(d),Wisconsin Statutes. The use of this form is mandatory. The penalty for failing to complete this form is prescribed in Section 103,005(12),Wisconsin Statutes. Personal information you provide may be used for secondary purposes[Privacy Law,s. 15.04(1)(m),Wisconsin Statutes]. (1) On the date a contractor submits a bid to or completes negotiations with a state agency, local governmental unit,or developer, investor or owner on a project subject to Section 66.0903, 66.0904 or 103.49, Wisconsin Statutes, the contractor shall disclose to such state agency, local governmental unit, or developer, investor or owner, the name of any"other construction business,"which the contractor, or a shareholder,officer or partner of the contractor, owns or has owned within the preceding three(3)years. (2) The term `other construction business"means any business engaged in the erection, construction, remodeling, repairing, demolition, altering or painting and decorating of buildings,structures or facilities. It also means any business engaged in supplying mineral aggregate, or hauling excavated material or spoil as provided by Sections 66.0903(3), 66.0904(2), 103.49(2)and 103.50(2), Wisconsin Statutes. (3) This form must ONLY be filed, with the state agency project owner, local governmental unit project owner,or developer, investor or owner of a publicly funded private construction project that will be awarding the contract, if both (A)and (B) are met. (A) The contractor, or a shareholder,officer or partner of the contractor: (1) Owns at least a 25% interest in the"other construction business,"indicated below, on the date the contractor submits a bid or completes negotiations;or (2) Has owned at least a 25% interest in the"other construction business"at any time within the preceding three (3)years. (B) The Wisconsin Department of Workforce Development(DWD)has determined that the"other construction business"has failed to pay the prevailing wage rate or time and one-half the required hourly basic rate of pay,for hours worked in excess of the prevailing hours of labor,to any employee at any time within the preceding three(3) years. Other Construction Business Business Name N/A Street Address or P 0 Box City State Zip Code Business Name Street Address or P 0 Box City State Zip Code Business Name Street Address or P 0 Box City State Zip Code Business Name Street Address or P 0 Box City State Zip Code I hereby state under penalty of perjury that the information, contained in this document, is true and accurate according to my knowledge and belief. Print the Name of Authorized Officer Authorized Officer Signature Date Signed Corporation, Partnership or Sole Proprietorship Name Street Address or P 0 Box City State Zip Code If you have any questions call (608) 266-6861 ERD-7777(R.01/2011) SUBCONTRACTOR LISTING The following is a listing of proposed Subcontractors having a direct contract with the Contractor. Approximate %of Name Address Telephone No. Contract Amount Cardinal Construction 1183 Industrial Drive, Fond du Lac, WI 53937 920-922-4446 10% Altmeyer Electric 827 S 21st St. Sheboygan, WI 53081 920-458-3406 10% Full Service Organics 3631 County Road C, Oconto Falls, WI 54154 920-373-6704 8% Omni Paint & Glass 3530 Omni Dr., Oshkosh, WI 920-420-1027 2% Cardinal Construction- General Construction Altmeyer Electric-Electrical Full Service Organics-Empty / Clean Digester Omni Paint & Glass-Painting, Coatings Donohue&Associates, Inc. BID FORM Project No. 13452 00410-9 BASE BID MATERIAL AND EQUIPMENT SCHEDULE Specification Item Supplier Section (A) WesTech 11382 Digester Mixing Equipment (B) Ovivo Olympus Technologies BID FORM Donohue&Associates, Inc. 00410-10 Project No. 13452 City of Oshkosh Contractor Safety Acknowledgement for Risk Management Program Facilities Check the appropriate facility: Water Filtration Plant X_Wastewater Treatment Plant While working at this facility,all contract personnel are expected to conduct their business within the guidelines set forth by all local, state, and federal requirements. The City of Oshkosh has the right to inspect the work site for environmental,health, and safety violations,as well as for job performance. This facility has certain regulatory requirements to adhere to a Risk Management Program. This facility is regulated because it stores, transfers,or processes a sufficient quantity of the following substances: • Chlorine The purpose of this Checklist is to ensure the CONTRACTOR is advised of the Risk Management Program requirements for this facility and while working on, around, or involved in, a regulated process maintains the standard of safety and accident-prevention as set forth in the facility's Risk Management Plan (RMP). This facility's goal is to prevent any accidental releases of regulated substance(s). To do this, the person responsible for RMP compliance at this facility will,as a minimum requirement: • Make available a copy of the most current RMP to the CONTRACTOR. • Inform the CONTRACTOR of known hazards associated with completing their work at this facility. • Inform the CONTRACTOR of known hazards deemed unique to this facility or process. • Show the CONTRACTOR the location of the SDS file or provide the CONTRACTOR with copies. • Provide the CONTRACTOR with a copy of the Emergency Response Phii. • Provide the CONTRACTOR with sufficient time and access to expertise to answer any questions. • Sign as a facility representative,and require the signature of a CONTRACTOR representative, attesting the requirements of this checklist,at a minimum,have been executed. The person responsible for RMP compliance at this facility may also,at their option,require: • A certificate of insurance from the CONTRACTOR. • The CONTRACTOR to name the facility as an additional insured on their insurance certificate. • Require the CONTRACTOR to produce copies of any paperwork, including, but not limited to, permits, training certificates,written procedures,maintenance records,etc. upon request. • Checking for CONTRACTOR's use of required Personal Protective Equipment, such as safety glasses, goggles, respirators,etc. • The CONTRACTOR to provide the facility with the SDS for any substance brought on site. • The CONTRACTOR to report all accidents or injuries that occur onsite within a set timeframe. • Copies of any written procedures, reports, or other documentation produced as a result of an accidental release at this facility. We hereby certify we have reviewed this information and will(or have)completed the requirements set forth above, and all work will be performed in compliance with the requirements outlined_ herein. 8/5/19 (Contractor's Signature) (Dale) (Fa ' y Repfr(iativir s Signature) (Dale) August Winter & Sons, Inc. C,;1", of - Wei ,date-r, (Company Name—Contractor) Please Print (Company Name—Facility)Please I'rinl 1,1Waslnralrrt18.16 Digrstrt iIi iln6 \Cultic art I,Ju Kunu xi Book\Ill•16 Page 1 of 1 Cuntranur 5alsvh,kWwwlrJ6rnernt hurm_5 21 IS Jut.. City f Oshkosh Addendum No. 1 City Contract 18-16: WWTP DIGESTER MIXING UPGRADE TO ALL CONTRACTORS: You are directed to make the following changes to City Contract 18-16: The following change has been made to Section 00520 Agreement: REMOVE Paragraph 9.01.A.6 and REPLACE with the following paragraph in Section 00520: 6. Drawings,not attached hereto,consisting of a coversheet and sheets numbered 1 through 38, inclusive, with each sheet bearing the following general title: CITY OF OSHKOSH CONTRACT 18-16 WWTP DIGESTER MIXING SYSTEM UPGRADE; The following changes has been made to the Appendix: REMOVE the C-942 Field Order form and REPLACE with the revised C-942 Field Order form enclosed with this Addendum. REMOVE the Electronic File Use Disclaimer form and REPLACE with the revised Electronic File Use Disclaimer form enclosed with this Addendum. If you have any questions regarding this Addendum, please contact me at(920)236-5065 between the hours of 8:00 a.m.and 4:30 p.m.weekdays. Sincerely, Steven M. Gohde, P.E. I� Assistant Director of Public Works/Utilities General Manager SMGItIt Enclosures I:\Waster.vter\18-16 Digester Mixing Upgrade\rtuj IIniuvnatiun\Contract Page 1 of 1 Info\Addcndum\Addondum 11\18.16 Addendum a 17-18.19.docx Cily Hall.215 Church Avenue P.O.Box 1 130 Oshkosh.WI 54903-1 1 30 htlp://www.ci.oshkosh.wi.us Field Order No. Date of Issuance: Effective Date: Owner: Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Project: Contract Name: Contractor is hereby directed to promptly execute this Field Order,issued in accordance with General Conditions Paragraph 11.01,for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required,submit a Change Proposal before proceeding with this Work. Reference: Specification(s) Drawing(s)/Detail(s) Description: Attachments: ISSUED: APPROVED: RECEIVED: By: By: By: Engineer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature) Title: Title: Title: Date: Date: Date: EJCDC C-942,Field Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 ELECTRONIC FILE USE DISCLAIMER At',Contractor's NamelI request, Donohue&Associates, Inc. (Donohue)will provide electronic files of the Drawings for//Contractor's Name/I sole convenience and use related to the City of Oshkosh Contract 18- 16 WWTP Digester Mixing System Upgrade project, subject to the following terms and conditions. Donohue's electronic files are compatible with AutoCAD 2018. Donohue makes no representation as to the compatibility of these files with',Contractor's Name/I hardware or software. Data contained on these electronic files are part of our instruments of service and shall not be used by ',Contractor's NamelI or anyone else receiving this data through or from I/Contractor's Name// for any purpose other than as a convenience to',Contractor's Namell for the referenced project.Any other use or reuse by I/Contractor's Name lI or by others will be at(,Contractor's Name/I sole risk and without liability or legal exposure to City of Oshkosh and Donohue. I/Contractor's NamelI agree to make no claim and hereby waive, to the fullest extent permitted by law, any claim or cause of action of any nature against City of Oshkosh, Donohue, and Donohue's officers, directors, employees, agents or subconsultants that may arise out of or in connection with I/Contractor's Namell use of the electronic files. Furthermore, ',Contractor's Name/I shall, to the fullest extent permitted by law, indemnify and hold City of Oshkosh and Donohue harmless against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs,arising out of or resulting from//Contractor's NamelI use of these electronic files. Under no circumstances shall delivery of the electronic files for use by',Contractor's Name lI be deemed a sale for use, and Donohue makes no warranties,either express or implied, of merchantability of fitness for any particular purpose. In no event shall Donohue be liable for any loss of profits or any consequential damages as a result of 1/Contractor's NamelI use or reuse of these electronic files. These electronic files are not construction documents. Differences may exist between these electronic files and the corresponding hard-copy construction documents. Donohue makes no representation regarding the accuracy or completeness of the electronic files//Contractor's NamelI receives. In the event that a conflict arises between the signed or sealed hardcopy construction documents and the electronic files, the signed or sealed hardcopy construction documents shall govern. ',Contractor's NamelI is responsible for determining if any conflict exists. By ',Contractor's Name/I use of these electronic files, //Contractor's Name,/ is not relieved of ',Contractor's Namell duty to fully comply with the contract documents, including, and without limitation, the need to check, confirm and coordinate all dimensions and details, take field measurements, verify field conditions and coordinate ',Contractor's Name,/ work with that of other contractors for the referenced project. Because information presented on the electronic files can be modified, unintentionally or otherwise, Donohue reserves the right to remove all indicia of ownership and/or involvement from each electronic display. The electronic files are for//Contractor's Name//sole use and cannot be sold or given to others for any reason. Donohue will furnish',Contractor's Name//electronic files of the following drawings: (List of drawings to be delivered) A service fee of$/1 I/payable to Donohue&Associates, Inc. shall be remitted prior to delivery of the electronic files. The service fee is to prepare the files for delivery and does not include assistance to ',Contractor's NamelI in their use and application. Donohue&Associates, Inc. ELECTRONIC FILE USE DISCLAIMER Project No. 13452 EFD-1 Donohue &Associates, Inc. 3311 Weeden Creek Road (Company name) Sheboygan, WI 53081 920-208-0296 Phone 920-208-0402 Fax (Signature) (Title) (Date) ELECTRONIC FILE USE DISCLAIMER Donohue&Associates, Inc. EFD-2 Project No. 13452 111 City f Oshkosh Addendum No. 2 City Contract 18-16: WWTP DIGESTER MIXING UPGRADE TO ALL CONTRACTORS: You are directed to make the following changes to City Contract 18-16: Please ADD the Pre-Bid Meeting Minutes (with clarifications) and Sign-In Form, from the Contract 18-16 WWTP Digester Mixing Upgrade Pre-Bid Meeting held on July 29, 2019, to the Project Documents, which are attached to this Addendum. There were no questions submitted. The following changes have been made to Section 11382 Digester Mixing Equipment: REMOVE Paragraph 1.02.A11 and REPLACE with the following paragraph in Section 11382: 11. Mixers shall be adjustable speed and be suitable for operation in either directions (forward or reverse). REMOVE Paragraph 1.04.B and its associated subparagraphs in their entirety. In Schedule 1 To Digester Mixing Equipment, REMOVE Row labeled "Constant Speed or Adjustable"and REPLACE with the following Row labeled"Constant Speed or Adjustable"at the end of Section 11382: Constant Speed or Adjustable Adjustable—Reversing Adjustable—Reversing if you have any questions regarding this Addendum,please contact me at(920)236-5065 between the hours of 8:00 a.m. and 4:30 p.m. weekdays. Sincerely, Steven M.Gohde,P.E. Assistant Director of Public Works/Utilities General Manager SMG/tt t Enclosures \1Yaslewaler118.16 Digester Mining Upgrade\Pruµel-6durmaliun\Contract Page 1 of 1 6du\Addendum1Addemdumal 13-16 Addendum R 9.31.19.ducn City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 130 http://www.ci.oshkosh.wi.us ^ Page 1 of 2 1 ®ACORO DATE(MM/DD/VYVV) CERTIFICATE OF LIABILITY INSURANCE 09/242019 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). CONTACT PRODUCER NAME: Willis Towers Watson Midwest, Inc. AX INC. EMI: 1-877-945-7378 t, No); 1-888-467-2378 c/o 26 Century Blvd P.O. Box 305191 ADDRESS: IZ[C _ certificatea2willis.cam Nashville, TN 372305191 USA LIVED INSURERS)AFFORDING COVERAGE NAIL aY _— INSURERA: Phoenix Insurance Company 25623 INSURED S E P 2 5 2019 INSURERS: Travelers Indemnity Company 25658 August Winter & Sons, Inc. INSURERC; Travelers Indemnity Company of CT 25682 P 0 sox 1896 DEPTOI-' 141)13LIC Travelers Property CasualtyCompany of Ame 25674 Appleton, WI 549121896 QSHKO��f w�jjKs INSURERD: y y ' wj5� UNsjj�( INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER:W13025971 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 ADOL SUBR POLICY EFF POLICY EXP LIMBS LTR INSO WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY1 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) -$ 300,000 A X Contractual Liab. MED EXP(Any one person) $ 10,000 DT-CO-91(511354-PHX-19 10/01/2019 10/01/2020 PERSONAL BADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _$ 4,000,000 POLICY X I JE� LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 810-6N60491A-19-26 10/01/2019 10/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE 3 AUTOS ONLY _ AUTOS ONLY (Per accident) B X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 20,000,000 EXCESSLIAB CLAIMS-MADE CUP-5J80755A-19-26 10/01/2019 10/01/2020 AGGREGATE $ 20,000,000 I DED I X I RETENTIONS 10,000 $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ER Y!N C ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBEREXCLUDED' No NIA UB-8L35972A-19-26-V 10/01/2019 10/01/2020 100,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 8 Workers Compensation and UB-OL000336-19-26-G 10/01/2019 10/01/2020 E.L. Each Accident $100,000 Employers Liability E.L. Disease-EA Empl $100,000 WC - Per Statute E.L. Disease-Pol Lmt $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 09/20/2019 WITH ID: W12790124. SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Oshkosh 215 Church Avenue AUTHORIZED REPRESENTATIVE PO Box 1130 Oshkosh, WI 54901 �� '51‘-- ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID, 18565919 BATCH 1379901 AGENCY CUSTOMER ID: LOC#: ACCU?f3 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Midwest, Inc. August Winter & Sons, Inc. P 0 Box 1896 POLICY NUMBER Appleton, WI 549121896 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance AWS Job #: 72419 Originally Issued: 9-2019 Project: Contract 18-16 WWTP Digester Mixing System Upgrade Start date - 10/15/19 Completion date - 12/31/20 Cost breakdown - $1,699,850; Labor - $219,000; Materials - $873,350; Subcontractors - 607,500 City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers, and Donohue & Associates, Inc. are included as Additional Insureds as respects to General Liability, Auto Liability and Umbrella/Excess Liability for acts caused by AWS in the performance of their work to which the written contract requiring insurance applies. City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers, and Donohue & Associates, Inc. are included as Additional Insureds as respects to Builders Risk Coverage. Umbrella/Excess Follows Form. INSURER AFFORDING COVERAGE: Travelers Property Casualty Company of America NAIC#: 25674 POLICY NUMBER: QT-660-3K988434-TIL-19 EFF DATE: 10/01/2019 EXP DATE: 10/01/2020 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Builder's Risk Project Limit $1,699,850 Deductible $2,500 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 18565919 BATCH: 1379901 CERT: W13025971 • COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT-CO-9K511354-PHX-19 GENERAL PURPOSE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" to "property damage" caused by "your work" include as an additional insured on this Coverage and included in the "products-completed op- Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If. and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible other insurance, whether primary, ex- a) In the event that the Limits of Insurance of cess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability required basis or a primary and non-contributory basis, this by that "written contract requiring insurance". insurance is primary to other insurance available This endorsement shall not increase the limits to the additional insured which covers that person of insurance described in Section III - Limits or organization as a named insured for such loss. Of Insurance. and we will not share with that other insurance. b) The insurance provided to the additional in- But the insurance provided to the additional in- sured does not apply to "bodily injury "prop- sured by this endorsement still is excess over any erty damage" or "personal injury" arising out valid and collectible other insurance, whether of the rendering of, or failure to render, any primary, excess, contingent or on any other basis, professional architectural, engineering or sur that is available to the additional insured when veying services, including: that person or organization is an additional in- sured under such other insurance. i. The preparing, approving, or failing to 4. As a condition of coverage provided to the prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, a) The additional insured must give us written approving, or failing to prepare or ap- notice as soon as practicable of an "occur- prove, drawings and specifications; and rence" or an offense which may result in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG T8 08 ©2013 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of other insurance which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to other insur- damage arising out of the "occurrence" or ance available to the additional insured which offense. covers that person or organization as a b) If a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. — i. Immediately record the specifics of the DEFINITIONS: claim or"suit" and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or "suit" as person or organization as an additional in soon as practicable. sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the execution of the contract or with us in the investigation or settlement of the claim or defense against the "suit", and agreement by you; otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 ©2013 The Travelers Indemnity Company. All rights reserved. CG T8 08 POLPCY NUMBER: DT-CO-9K511354-PHX-19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR MATERIAL LIMITATIONS OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. If we cancel this policy for any statutorily permit- B. If we decide to not renew this policy for any statu- ted reason other than nonpayment of premium, torily permitted reason, and a number of days is and a number of days is shown for cancellation in shown for nonrenewal in the schedule above, we the schedule above, we will mail notice of cancel- will mail notice of the nonrenewal to the person or lation to the person or organization shown in the organization shown in the schedule above. We schedule above. We will mail such notice to the will mail such notice to the address shown in the address shown in the schedule above at least the schedule above at least the number of days number of days shown for cancellation in the shown for nonrenewal in the schedule above be- schedule above before the effective date of can- fore the expiration date. cellation. IL T4 00 12 09 ©2009 The Travelers Indemnity Company Page 1 of 1 POLICY NUMBER: 810-6N60491A-19-26 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THA NOTICE OF CANCELLATION OR MATERIAL LIMITATIONS OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. If we cancel this policy for any statutorily permit- B. If we decide to not renew this policy for any statu- ted reason other than nonpayment of premium, torily permitted reason, and a number of days is and a number of days is shown for cancellation in shown for nonrenewal in the schedule above, we the schedule above, we will mail notice of cancel- will mail notice of the nonrenewal to the person or lation to the person or organization shown in the organization shown in the schedule above. We schedule above. We will mail such notice to the will mail such notice to the address shown in the address shown in the schedule above at least the schedule above at least the number of days number of days shown for cancellation in the shown for nonrenewal in the schedule above be- schedule above before the effective date of can- fore the expiration date. cellation. IL T4 00 12 09 ©2009 The Travelers Indemnity Company Page 1 of 1 POLICY NUMBER: CUP-5J80755A-19-26 ISSUE DATE: 10-1-19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR MATERIAL LIMITATIONS OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. If we cancel this policy for any statutorily permit- B. If we decide to not renew this policy for any statu- ted reason other than nonpayment of premium, torily permitted reason, and a number of days is and a number of days is shown for cancellation in shown for nonrenewal in the schedule above, we the schedule above, we will mail notice of cancel- will mail notice of the nonrenewal to the person or lation to the person or organization shown in the organization shown in the schedule above. We schedule above. We will mail such notice to the will mail such notice to the address shown in the address shown in the schedule above at least the schedule above at least the number of days number of days shown for cancellation in the shown for nonrenewal in the schedule above be- schedule above before the effective date of can- fore the expiration date. cellation. ILT4 0012 09 ©2009 The Travelers Indemnity Company Page 1 of 1 TRAVELERS, WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 06 11 (A) NOTICE OF CANCELLATION Except for non-payment of premium by you, we agree that np cancellation or limitation of this policy shall become effective until the number of day's written notice specified in em 2 of the Schedule has been mailed to you and to the person or organization designated in item 1 of the Schedule at the address indicated. SCHEDUI.E 1. Name: ANY PERSON OR ORGANIZATION TO WHOM YDU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR MATERIAL LIMITATIONS OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. Address: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. 2. Number of Days Written Notice: 30 Additional Days This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium$ Insurance Company Countersigned by ST ASSIGN: Page 1 of 1 TRAVELERgr WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 06 R3 (00) - 001 POLICY NUMBER: UB-0L000336-19-26-G NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX —CONDITIONS : Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza- tion before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: Number of Days Notice ANY PERSON OR ORGANTIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS 30 POLICY WILL BE GIVEN, BUT ONLY IF: 1 . YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: "THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by ST ASSIGN: Page 'I of 1 ©2013 The Travelers Indemnity Company.All rights reserved.