HomeMy WebLinkAboutContractor Agreement: Sabel Mechanical, LLC ORIGINAL
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Oshkosh
CONTRACTOR AGREEMENT:
INFLUENT VALVE INSTALLATION FOR WASTEWATER DIVISION
CITY OF OSHKOSH
THIS AGREEMENT, made on the 13th day of July, 2018, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and SABEL MECHANICAL, LLC,
W3150 COUNTRY ROAD II,FOND DU LAC, WI 54937,hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor,for the consideration hereinafter named,enter into the following
agreement, The Contractor's proposal is attached hereto and reflects the agreement of the parties except
where it conflicts with this agreement, in which case this agreement shall prevail.
ARTICLE I. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a part of this contract
as if herein set out verbatim, or if not attached, as if hereto attached:
1. Proposal.Solicitation.
2. This Instrument
3. Contractor's Proposal
In the event that any provision in any of the above component parts of this contract conflicts with any
provision in any other of the component parts, the provision in the component part first enumerated
above shall govern over any other component part which follows it numerically except as may be
otherwise specifically stated.
ARTICI.,E II. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(Doug Sabel,Project Manager)
B. Changes in Project Manager. The City shall have the right to approve or disapprove of any
proposed change from the individual named above as Project Manager,The City shall be provided with.
a resume or other information for any proposed substitute and shall be given the opportunity to
interview that person prior to any proposed change.
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 htlp://www.ci.osf,ikosh,wi.us
ARTICLE 111. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Jon Urben, General Services)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the Contractor's Proposal dated June 21,
2018, attached as Exhibit A.
The Contractor may provide additional products and/or services if such products/services are
requested in writing by the Authorized Representative of the City.
ARTICLE V. CITY RESPONSIBLITIES
The City shall furnish, at the Contractor's request, such information as is needed by the
Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records.
To prevent any unreasonable delay in the Contractor's work the City will examine all reports and
other documents and will make any authorizations necessary to proceed with work within a reasonable
time period.
ARTICLE VI. TIME OF COMPLETION
The work to be performed under this contract shall be completed as soon as possible.
ARTICLE VII. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$46,834.05 adjusted
by any changes hereafter mutually agreed upon in writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor shall submit itemized monthly statements for services.
The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any
statement amount is disputed, the City may withhold payment of such amount and shall provide to
Contractor a statement as to the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
amendment to this agreement executed by both parties prior to proceeding with the work covered under
the subject amendment.
ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against
all actions, claims and demands of any kind or character whatsoever which may in any way be caused
by or result from the intentional or negligent acts of the Contractor,his agents or assigns,his employees
or his subcontractors related however remotely to the performance of this Contract or be caused or result
from any violation of any law or administrative regulation, and shall indemnify or refund to the City all
stuns including court costs, attorney fees and punitive damages which the City may be obliged or ad-
judged to pay on any such claims or demands within thirty (30) days of the date of the City's written
demand for indemnification or refund,
ARTICLE IX. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional
insured. The contractor's certificate of insurance for this project is attached as Exhibit B.
ARTICLE X. TERMINATION
A. For Cause.
If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this
Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor.
In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work
completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the Contractor no later than
1.0 calendar days before the termination date. If the City terminates under this paragraph, then the
Contractor shall be entitled to compensation for any satisfactory work performed to the date of
termination.
This document and any specified attachments contain all terms and conditions of the Agreement
and any alteration thereto shall be invalid unless made in writing, signed by both parties and
incorporated as an amendment to this Agreement.
In the Presence of: CO ' A ' OR/C ULTANT
B
(Seal of Contractor (s7pe .s Ny 7 ifi
t
if a Corporation.)
"z_ oe,,
B
(Specify Title)
CITY OF OSHKOSH
By:
Mark A.6hloff, City Manager
('Mtness)
And:
(ki�ess) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
�)
4A under this contract.
ii Ji Atto
JmQ
City Comptroller
111,4
CITY OF OSHKOSH BID PROPOSAL FORM
INSTALLATION OF CITY FURNISHED KENNEDY MODEL 7561A
30-INCH GATE VALVES
WASTEWATER TREATMENT PLANT
From:
(Bidder's Company Name)
BID PROPOSAL DEADLINE: THURSDAY,JUNE 21,2018-1:00 P.M.
Date: �-&,
Addenda: Receipt of Addenda numbered -81 4 of — are hereby understood,
acknowledged and included in bidder's bid proposal form. If no addenda were issued
for this bid please write"N/A" above.
SECTION 1
BID DESCRIPTION UNIT EST. BID UNIT BID TOTAL PRICE
ITEM QTY. PRICE
I Furnish all labor,equipment,and
materials to remove old gate valve and
install City furnished 30-Inch Kennedy
Model 7561A Gate Valve for Pump#4,
complete as specified'��,44i;, 0-ty Each X $ 12-1;zn".50 $ 5'6
2 Furnish all labor,equipment,and
materials to remove old gate valve and
install City furnished 30-Inch Kennedy
Model 7561A Gate Valve for Pump #6,
complete as specified'5,,-4t'o,- 0.,/y" Each $ $
3 Furnish and install 30-Inch.EBAA
Mega Flanges or approved equivalent,
complete as specified Each 2 $313111- 85 $ 61 (g, 7 0
GRAND TOTAL OF SECTION I(ITEMS 1-3) $ Z22- 70
27
M i
i
i
i
ALTERNATE 1 t
BID DESCRIPTION UNIT EST. BID UNIT BID TOTAL PRICE
ITEM QTY. PRICE
1A Furnish all labor,equipment,and _
materials to remove old gate valve and
install City furnished 30-Inch Kennedy
Model 7561A Gate Valve for Pump ifs,
complete as specified"Su,Aa^ o,ty" Each 1 $ -To $
2A Furnish and install 30-Inch EBAA
Mega Flange or approved equivalent,
complete as specified Each 1 $ 3,31 y,S-S $ 3.,3/y.eS
GRAND TOTAL OF SECTION I (ITEMS 1-2)
SIGNATURES
Date: ' / 11,5
Name of Company: _ !Zo�- e ZI—C
Submitted by(Name/Title): . Alcl--r4 ^C
Email: _ 15 f?�P S
Address of Company: /20 1✓�,,1 :5-q?3 .7
Phone: J6, 'D'/'—S Zc/
That I have examine and carefull prepared this Proposal from. the Plans and
Specifications and ve the <e e s e in detail before submitting this Proposal,that I
have full auth ity to such ements and submit this Proposal in (its) (their)
behalf, and at said s t meat e and correct.
Signature:
Title:
28
i
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA DocumentA310
Bid Bond
BOND # HUIC00766
KNOW ALL MEN BY THESE PRESENTS, that we
SABEL MECHANICAL,LLC
W3150 County Road H
FOND DU LAC,W1 54937
as Principal,hereinafter called the Principal, and
Hudson Insurance Company
100 William Street
New York,NY 10038
a corporation duly organized under the laws of the State of DE
as Surety,hereinafter called the Surety,are held and firmly bound unto
City Of Oshkosh
215 Church Avenue
Oshkosh,W1 54903
(Here insert full name,and address or legal title of Owner)
as Obligee,hereinafter called the Obligee, in the sum of
Five Pei-cent of Amount Bid-------------------------------------------Dollars $ 5.000/t, of attached bid),
for the payment of which suns well and truly to be made,the said Principal and the said Surety,bind ourselves,Our heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,the Principal has submitted a bid for
Installation of City Furnished Kennedy Model 756]A 30" Gate Valves
(Here insert full name,address and description of project)
NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in accordance with the terms of such bid and give Such bond or bonds as may be specified in the bidding or Conti-act Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this
Zn
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this June 11, 2018 S ZEM&/� MAL, LLC
.__ _ �_ W___ --i_-
r i n tci (Sea])
Witness
'Fitrit
e
1ludyA Insurance Company
A I ly
Tit e: Kallin'll A.Weidner,ATTORNEY-IN-FACT
Witness
�UA DOCUNIENTA310 [311)BOND AIA(it) FEBRUARY 1970 ED THE AMERICAN
INSTITUTE 01:ARCHITECTS. 1735 N.Y.AVE..N.W.WASHING]ON,D.C. 20006
WARNING: Unlicensed photocopying,Violates I J.S.Copyright laws and is subject to legal prosecution.
HU DSO ICI
BID BOND POWER OF ATTORNEY
KNOW ALI.MEN BY THESE PRFSEN'rs: That HUDSON INSURANCE COMPANY,n corporation of the State of Delaware,with
offices at 100 William S(rect, New York, New York. 10038, has made,constituted and appointed,and by these presents,does make,constitute
and appoint
Jay A.Zahn, Kathryn A.Weidner,Jenny L.Hirth
of the State of Wisconsin
its true and lawful At(orncy(s)-in-Fact,at New York City in the,State of New York,each Oftl)CM alone to have fill Power to act without the other
or others,to make,execute and deliver on its behalf,as Surety,bid bonds for any and all purposes.
Such bid bonds,when duly executed by said A ttorncy(s)-in-Fact,shall be binding upon said Company Cis fully and to the same extent as
irsiptied by the President ofsaid Company under its corporate scat attested by its Secretary.
In Witness Whereof, Htjf)SON INSURANCE COMPANY has caused these presents to be of its Executive Vice President therctinto
duly-Liudiorized,on this _8.tL_day of September 20 16 at New York,New York.
su:d)
HUDSON INSURANCC COMPANY
AL
lion inIllaid Conlorate Secretary cnl
slWrC OF NEW YORK
COUNTY Or NEW YORK SS,
Ontho Rth day or_§eoteroter .20 16 before nit personally came Christopher T.Suarez to ni e known,who being by me duly sworn did
depose and say that Ire an Executive Vice President or HUDSON INSURANCr COMPANY,d,Cuunpary,described herein and which exceuted the above
instrument,that he knows the scat or said Company,that the seat offixed to said instrument is the tort rate scat of said Company,that it was so affixed by order of
the Board of Directors of said Curn�i
p�jjlyjaq),hc signed his runne thereto by like order,
cr.
oy"y
4/z
*-, CNN M.
E XP IN
%0.?0""& Notary Public,State otrNc ,"York
(Nowbil Scpll
No.0 1 MU6067SS3
Qualified In Nassau County
Commission Expires December 10,2017
zz
U CERTIFICATION
STATE OF NEW YOR11C
COUNTY OP NEW YORK a'M JIN
The undersigned Dina Doslealakis hereby certifies:
'THAT the original resolution,of which the following is it Irtio and correct copy,was duly adopted by unanimous written consent at the Board orr)ircctors
or Hudson Insurance Company dated July 27 .2007.and has not since been revoked,amended or modified:
"RESOLVED,that the President.the Executive Vice President,-,the Senior Vice presidents and the Vice Preslikatts shall Dave the ruilhorityand
discretion,to appoint such agent or agents,or attorney or ettortilcys-in-fact,for the purpose orcarrying on this Company's suroty business,and to empower
such agent or ngcws,-or attorney or ationicys-in-fact, to execute and deliver, under this Company's scat or otherwise, bonds obligations,and
tecogni-4ances,whether made by this Company as suroty thereon or otherwise,indoninky contracts,contracts and certificotos,And any and all otltcv
contracts and undertaking rouric in the course of this Cratipany's surety business,and renewals,extensions,ogrccoicrits,waivers,consents or stipulations
regarding undertakings so made;and
FVRTI IER RESOVC_rD,that the signature of oily such officer or the Company and the Company's scat may be affixed by(hesionle to oily power
of attorney or certification given for the execution or any bond,undcrinking,recognizance,contract of indemnity or other wri(ten obligation in the nature
thereof or related thefeto,such signature and seal when so used whether heretofore or licrearicr,being hereby adopted by the Company as dic original'
signature of such officer and the original scat or the Company,to be valid and binding upon the Company with Cho snuic Force and effect as though
manually affixed."
THAT the above and foregoing is a fall,true and correct copy ol'Power ofA((Qrnvy issued by said Company,and or(tic whole ortho original and that the
said Power or Atiomey Is still in roll force and effect and has;not been revoked,and hurditcl-more Clint the Rmiolulion of the Board of Directors,set forth in the said
is new in force.
A A
s d of .2
—gl
I� L /z& t�e
lot the huntsor the%nidersigrict)and the seal or said Company Chi ay
ly
By...
Dina Daskabikis,Corporate Srerclary
Porn Bid 3 2010(v 1)
THE AMER|C4hJINSTITUTE OF ARCHITECTS,
. .
Premium Amount Based �
on Final Contract Amount
Bond No.
/UA Document A312
Performance Bond
Any singular reference°Contractor,Surety,Owner°other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
SABEL MECHANICAL, LLC Hudson Insurance Company
W3150 County Road H 100 William Street
FOND DU LAC,WI 54937 New York, NY 10038
OWNER (Name and/mumos):
City DfOshkosh
21G Church Avenue
Oshkosh,VV| G48D3
'
CONSTRUCTION CONTRACT
Date: Julyi3, 2018
Amount: FORTY SIX THOUSAND EIGHT HUNDRED THIRTY FOUR AND O5K1O0 ($4G.824.06)
Description (Nome and Location): Installation of City Furnished Kennedy KUuda| 7581A' 30-|nch Gate Valves,Wastewater
Treatment Plant. Oshkosh,WI
BOND
Date(Not earlier than Construction Contract Dmte): July 2O' 2D18
Amount: FORTY IRTY�| |��HTHUND�EDTHIRTY FL]URAND o5K1OO ($46'834.O5)
S to
None �] See Page 3
CONTRACTO AS RIN PA SURETY
COMPANY:, orporate Seal) COMPANY: (Corporate Seal) �
Signa�pa: b tu
Name and Title: Nam a ono|moe: ^
Kathryn A.Weidner,A#omeyin-Fact
(Any additional signatures appear on page 3)
FOR INFORMATION ONLY-Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect,
AGENT OR BROKER: or Engineer or other party):
R&R INSURANCE SERVICES,INC.
PO Box 16V
Menomonee Falls,VV(s3V52
^/x DOCUMENT/o12 PERFORMANCE BOND AND PAYMENT aowo osusmaen1eo^so,mAw Aa12-1S8^ 1
THE AMERICAN INSTITUTE OF ARCHITECTS,1736 NEW YORK AVE.,N.W.,WASHINGTON D.C.20006
THIRD PRINTING'MARCH 1w/
1. The Contractor and the Surety,jointly and severally,
bind themselves,their heirs,executors,administrators, reasonable promptness under the circumstances:
successors,and assigns Vo the Owner for the performance .1 After investigation,determine the amount for which itmay
of Cons'tructionContmc%.whiuhimincurpnratedhemin he liable to the Owner and, as soon aa practicable after the
by reference. amount io determined,tender payment therefor\othe
Owner; or
.2 Deny liability in whole orin part and notify the Owner
citing reasons therefor.
2. |f the Contractor db the Construction Contract, 5. |f the Surety does not proceed aa provided inParagraph
the Surety and the Contractor shall have noobligation 4 with reasonable promptness,the Surety shall bedeemed
under this Bond, except ho participate in conferences ae tobein default on this Bond fifteen days after receipt ofan
provided in Subparagraph 3.1. additional written notice from the Owner tm the Surety
demanding that the Surety perform its obligations under |
3 If the this and' ' ' i
under this Bond shall arise after: remedy available kr the Owner, |f the Surety proceeds ae
provided in Subparagraph 44. and the Owner refuses the !
3.1 The Owner has notified the Contractor and the payment0andared or theSurety has denied liability, in
Surety oi its address described in Paragraph 1Obelow whole orin part,without further notice the Owner shall be �
that the Owner}o considering declaring aContractor entitled to enforce any remedy available to the Owner.
Default and has requested and attempted ho arrange o
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt o/such 6. After the Owner has terminated the Contractor's right
notice 10 discuss methods ofperforming thaConetmo- ho complete the Construction Contract, and if the Surety
honContract. |f the Owner,the Contractor and the elects to act under Subparagraph 4.1.42. or4.3above,
Surety agree,the Contractor shall bo allowed areason- then the responsibilities of the Surety to the Owner shall
able time tu perform the Construction Contract,but not be greater than those nf the Contractor under the �
such an agreement shall not waive the Owner's right, if Construction Contract,and the responsibilities nfthe
any, subsequently tu declare a Contractor Default; and Owner to the Surety shall not be greater than those ofthe
Owner under the Construction Contract. To the limit of the
3.2 The Owner has declared o Contractor Default and amount of this Bond, but subject¢/commitment bythe
formally terminated the Contractor's right tocomplete Owner o/the Balance of the Contract Price to mitigation of
the contract. Such Contractor Default shall not hede- costs and damages on the Construction Contract,the Gure- /
�
cloredaudierthontwentydaymoftertheContraoNrand tyim obligated without duplication for:
the Surety have received notice ae provided in Sub-
paragraph 3.1; and 8.1 The responsibilities of the Contractor for correc-
tion ofdnfective*ndhondoomp|etionof the Cone1mp
3.3 The Owner has agreed to pay the Balance ofthe donConUnct;
Contract Price tu the Surety in accordance with the
terms of the Construction Contract or1oacontractor 62 Additional legal, design professional and delay
selected to perform the Construction Contract in aornr- costs resulting from the Contractors Dafau|(, and re-
dance with the terms of the contract with the Owner. au|hnQ from the actions or failure to act of the Surety
under Paragraph 4; and _
4. When the Owner has satisfied the conditions of Para-
graph 3,the Surety shall promptly and at the Surety's ex- 8.3 Liquidated damages, nrifno liquidated damages
ponen take one of the following actions: are specified in the Construction Contract, actual dam-
ages caused b delayed performance or non-perfor-
4.1 Arrange for the Contractor,with consent nfthe mancenf the Contractor.
Owner,10 perform and complete the Construction
Contract; or 7. The Surety shall not be liable to the Owner or others for
obligations nf the Contractor that are unrelated 0n the Con-
4.2 Undertake hu perform and complete the Conetmo' stnuction Contract,and the Balance of the Contract Price
hun Contract itself,through its agents or through inde- shall not be reduced or set off on account of any such
pendent contractors; or unrelated obligations. No right of action shall accrue on
this Bond 0u any person or entity other than the Owner nr
4.n Obtain bids or negotiated proposals from its heirs,executors, administrators, orsuccessors.
qualified contractors acceptable to the Owner for a
contract for performance and completion uf the Con- 8. The Surety hereby waives notice of any change, includ-
struction Contract, arrange for a contract to be pre- ing changes of time,to the Construction Contract orto
pared for execution by the Owner and the contractor related subcontracts, purchase orders and other nbUga-
ne|orted with the Owner's concurrence,|uhesecured \iona.
with performance and payment bonds executed by
qualified surety equivalent to the bonds issued onthe o. Any proceeding, legal or equitable, under this Bond
Construction Contract, and pay tn the Owner the may b*instituted in any court of competent jurisdiction in
amountof damages as described in Paragraph Ginex- the location in which the work o,part of the work iulocated
oeasof the Balance of the Contract Price incurred hythe and shall bo instituted within two years after Contractor
Owner resulting from the Contractor's default; or Default or within two years after the Contractor ceased
working nr within two years after the Surety refuses nrfails
4.4 Waive its rights to perform and complete, arrange 10 perform its obligations under this Bond,whichever o*
foroomp|etion. orobtuinanewcontraotorandwithreaaonmb|e curs first. |f the provisions of this Paragraph are void or
promptness under the circumstances: prohibited by law,the minimum period nf limitation available
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA'�I) A 312-1984 2
^Msmv^w INSTITUTE or ARCHITECTS,,r35 NEW,opx^ve,w^m.wmeo/msromo.o.moo"
THIRD PRINTING w^ncx,o87
,
able\m sureties ama defense in the jurisdiction of the suit tractor of any amounts received orhube received by
shall beapplicable. the Owner in settlement nf insurance or other doims
for damages ho which the Contractor in entitled, m-
1O. Notice b the Surety,the Owner o/the Contractor shall ducedby all valid and proper payments made toornn
be mailed or delivered Vo the address shown on the oig- behalf of the Contractor under the Construction Con-
nature poge. \rad.
11. When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between
statutory or other legal requirement inthe location where the Owner and the Contractor identified on the mig-
the construction was hobe performed, any provision inthis nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement changes thereto.
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor,
ba deemed incorporated herein. The intent ie that this which has neither been remedied nor waived,ho per-
Bond ehu|| beoonatmedaaasbtuhzrybondmndnctmeo form or otherwise to comply with the terms ofthe
common law bond. Construction Contract.
12 DEFINITIONS 12,4 DwnerDetau|t Failure of the Owner,which has
neither been remedied nor waived,h pay the Con-
12.1 Balance of the Contract Price: The total amount tractor ea required by the Construction Contract orto
payable by the Owner ho the Contractor Linder the perform and complete or comply with the other terms
Construction Contract after all proper adjustments thereof.
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: ,
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR ASPRINCIPAL SURETY Company
Seal) (Corporate Seal)
Signature:
Name and Title: ' ' Name and Title: '
Address: Address:
AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 31),AJA 0 A312-1984 3
THE AMsRICANINSTITUTE OF ARCHITECTS,n35 NEW�����NGTON,D.C. 20006
;c HGMW-10-249-0184
POWER OF ATTORNEY
KNOW ALL, MEN BY THESE. PRh,SHNT'S: That HUDSON INM3RANCE COMPANY, to corporation of the State of Delaware, with
offices at 100 W'illiarn Street, New York, New York, 10035, has made. constituted and appointed, and by these presents, does make, constitute;
and appoint
,Jay A.Jahn, Kathryn A.,Veidner,Jenny L.Ifirth
of the State ofWisconsin
its true and lawful Attorneys)-in-Fact,at Ncww York,New York,each of them alone to have frill power to act without the other or others,to make,
execute and deliver on its behalf, as Surety, bonds and undertakings given for any and till purposes, also to execute and deliver on its behalf"as
u(bresaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or Undertakings provided,however,that no single
bond or undertaking shall obligate said Company for fury portion of the penal soul thereof in C4eCSS t)f the stun of Ten Million Dollars
(`s"I0'(foo 00.00).
Such bonds and undertakings when duly executed by said Attorneys)-in-Fact,shall be binding;upon said Company as fully and it)the same
extent as ifsigned by the Presidcnt ofsaid Company under its corporate seal attested by its Secretary.
In Witness Whereof,I IUDSON INSURANCE:COMPANY has caused these presents to be of its Executive Vice President thcreunto duty,
New York,New York.
authorized,toil this Sth day�at"_C)c "umber 70 12 at c:�,,,.,__,._.�__..._.-_�.
~oral
��•`�- �r��f,a�,� ]It;crsGyN INsuRAnc1,c:ONtpA*rY
13Y
BI t.0 t :r talds 0of.urpher T.Suarez
Carpor, -Secretary Executive Vice President
STATE OF NEW YORK
COUNTY OF NEW YORK, SS,
On the Sth_ day of_-December 20 12_ before me personally carve Christopher Suarez to me known,who being by me duly sworn did
depose and say thou he is im Executive Vice President of 1FTi;sC)N INSURANCE CmgA1"PAN,', the'con ration described herein and which executed the srba�nva
instrument,that he knows the seal of said Corporation,that the seal affixed to said instrument is such cor41JR�Iltll
<rue seat,that ' was so affixed by order of the Board of
Directors of said Corporation,sold that he signed his name thereto by like order.
�,��ti,141ttitlflr�gr��
(Notarial Seal) �` a ' �� �i, 'Notary~t'ublic, to off Nccw\York
No.0IMU606755s ""~--__
Qualified in Nassau County
01* 7gr Commission Expires December 10,2013
11tE0 > ,:�, CERTIFICATION
STATE 01'NEW YOl K �5i��h;�+4:;...a.'a`cY�w,��*,
COUNTY OF NEW YC)RK 1
The undersigned Dina Daskalakis hereby certifies:
That the original resolution,of which the following is it true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of
t Udson Insurance Company dated Judy 27",2007,and has not since been revoked,amended or modified:
"RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and
discretion, to appoint such agent or agents, or attorney or auonneys-in-fact, for the purpose of carrying oil this Company's surety business, and to
empower such agent or agents,or attorney or attorneys-in•fact,to execute,and deliver,under this Company's seal or other-wise,bonds obligations,and
recognixances, whether made by this Company its surety thereon or othcmvise, indemnity contracts,contracts and certificates,and any,aid all other
contracts and oundcrtakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations
regarding undertakings so made;and
FURTHER RESt)VLFD,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power
of attorney or certification given for the execution of any bond„undertaking,recognizance,contract of indemnity or other written obligation in the nature
thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,king hereby adopted by the Company as the original
signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though
manually affixed."
Ti IAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the
said Power of Attorney is still in full lone and c(liect and has not been revoked,and furthermore hat the Resolution of the Board of Directors,set forth in One said
Power of Attorney is now in force. "I 7 /
Witness the hand of the undersigned and the seal of said Corporation this �_ ��day o 4 20 L .-_
ro
(Cot'por
SEAL1918
`zlwaa�.. fro )askalakis,C'orlxrratc Secre cry
Form Per b'13' (vt)
THE AMERICAN INSTITUTE OF ARCHITECTS
to
Bond No. HGMW-10-249-0184
AIA Document A312
Payment Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable..
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
SABEL MECHANICAL, LLC Hudson Insurance Company
W3150 County Road H 100 William Street
FOND DU LAC,WI 54937 New York, NY 10038
OWNER (Name and Address):
City Of Oshkosh
215 Church Avenue
Oshkosh,WI 54903
CONSTRUCTION CONTRACT
Date: July 13, 2018
Amount: FORTY SIX THOUSAND EIGHT HUNDRED THIRTY FOUR AND 05/100 ($46,834.05)
Description (Name and Location): Installation of City Furnished Kennedy Model 7561A, 30-Inch Gate Valves,Wastewater
Treatment Plant. Oshkosh,WI
BOND
Date (Not earlier than Construction Contract Date :July 20, 2018
Amount: FORTY SIX THOUSAND EIGHT HUNDRED THIRTY FOUR AND 05/100 ( $46,834.05 )
Modifications to this Bond: x None See Page 6
CONTRACTOR AS PRINGI L SURETY
COMPANY:
ME CI S/U p COMPANY: (Corporate Seal)
COMudson Insur�tr a C"on1l>7ny
PANY: ,,,�" Coo orate , �
�,I.I .. I,t ,
Name and title: ..o�n Name d ... .,
Signature �� gnat,a
41ie:
Kathryn A.Weidner,Attorney-in-Fact
(Any additional signatures appear on page 6)
FOR INFORMATION ONLY-Name,Address and Telephone OWNER'S REPRESENTATIVE (Architect,
AGENT OR BROKER: Engineer or other party):
R&R INSURANCE SERVICES,INC.
PO Box 160
Menomonee Fails,WI 53052
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1964 ED.,AIA(It)
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 4
THIRD PRINTING.MARCH 1967
�
�
1. The Contractor and the Surety,jointly and severally, 6. When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4. the Surety shall promptly and sdthe
successors, and assigns to the Owner ho pay for labor, Surety's expense take the following actions: !
rnobaha|e and equipment furnished for use in the podbr- 6.1 Send en answer to the Claimant,with a copy to �
manceof the Construction Contract, which ininoorpo' the Owner,within 45 days after receipt of the claim,
rated herein byreference. stating the amounts that are undisputed and the basis �
2. With respect bo the Owner,this obligation shall be for challenging any amounts that are disputed.
null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment,directly, wrindirectly, amounts.
for all sums doe Claimants, and
7. The Surety's total obligation shall not exceed the
2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be !
Owner from claims, demands, liens nr suits byany credited for any payments made in good faith by the Surety. �
person or entity whose claim, demand, lien or suit im O. Amounts owed by the Owner to the Contractor under
for the payment for labor, materials, n/equipment fur- the Construction Contract shall ba used for the perfor-
nishedforuaein\hepadhrmenceoftheConstruohon monceof the Construction Contract and to satisfy claims, /
Contract, provided the Owner has promptly notified if any, under any Construction Performance Bond. By
the Contractor and the Surety(at the address the Contractor furnishingand the Owner accepting this
described in Paragraph 12)of any claims,demands, Bond, they agree that all funds earned by the Contractor
liens, o/suits and tendered defense of such claims, in the performance of the Construction Contract are
demands, liens or suits\o the Contractor and the dedicated to satisfy obligations nf the Contractor and
Surety, and provided there iano Owner Default. theSuretyunder this Bond subject to the Owne�sP/io� �
3 With this '
' ' ityho use the funds for the completion of the work.
null and void if the Contractor promptly makes pay- B. The Surety shall not ba liable to the Owner, Claimants �
ment. directly nr indirectly, for all sums due. or others for obligations of the Contractor that are unrelat-
ed totheConotruutionContnacL The Owner shall not be
4. The Surety shall have no obligation tuClaimants liable for payment of any costs or expenses of any Claim-
under this Bond unh|�� ant under this Bond, and shall have under this Bond nnob|i'
�
4.1 Claimants who are employed byor have adirect gahonato make payments to, give notices on behalf of, or
contract with the Contractor have given notice tothe otherwise have obligations to Claimants under this Bond.
Surety(at the address described in Paragraph 12) and 10. The Surety hereby waives notice of any change,
sent e copy, or notice thereof, to the Owner, stating including changes of time, to the Construction Contract
that a claim is being made under this Bond and,with orto related subcontracts, purchase orders and other
substantial accuracy, the amount of the claim. obligations. |
4.2 Claimants who do not have a direct contract 11. No suit or action shall be commenced byaClaimant .
with the Contractor: under this Bond other than |na court of competent juria- �
.1 Have furnished written notice to the Con- diction in the location in which the work mr part mfthe /
tractor and sent o copy, o/notice thereof, to work is located or after the expiration of one year from the `
the Owner, within 8O days after having last date (1) on which the Claimant gave the notice required by
performed labor or last furnished materials or Subparagraph 4.1 or Clause 42.3. or on which the last
equipment included in the claim stating, with labor or service was performed by anyone or the last mate-
substantial accuracy, the amount of the claim rials or equipment were furnished by anyone under the Con-
and the name of the party to whom the mtrudion Contract,whichever of(1) or(2)first occurs. If the
materials were furnished or supplied orfor provisions of this Paragraph are void or prohibited bylaw,
whom the labor was done or performed; and the minimum period of limitation available to sureties aeo
.2 Have either received a rejection in whole or defense in the jurisdiction of the suit shall beapplicable.
in part from the Contractor, or not received 12. Notice\othe Surety. the Owner o/the Contractor
within 3O days nf furnishing the above no- shall be mailed or delivered to the address shown onthe
tice any communication from the Contractor signature page. Actual receipt ofnotice by Surety, the
by which the Contractor has indicated the Owner or the Contractor, however accomplished, shall
claim will be paid directly or indirectly; and be sufficient compliance asof the date received atthe
.3 Not having been paid within the above 3D address shown on the signature page.
days, have sent a written notice to the Surety 13. When this Bond has been furnished to comply with o
(at the address described in Paragraph 12) and statutory or other legal requirement in the location where
sent e copy, or notice thereof, to the Owner, the construction was tobe performed, any provision inthis
stating that claim is being made under this Bond conflicting with said statutory orlegal requirement
Bond and enclosing a copy of the previous shall be deemed deleted hmrefrmm and provisions con-
written notice furnished to the Contractor. forming to such statutory orother|eQe| requirement shall
be doomed incorporated herein The intent is that this
5. |fa notice required by Paragraph 4ia given by the Owner to
the Contractor ortm the Surety, that is sufficient compliance.
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,A100 A312-1984 5
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006
THIRD PRINTING Mxnox^oo,
Bond ohanbe construed mao statutory bond and riot amu Construction Contract, architectural and engineering
common law bond. services required for performance o/the work ufthe
Contractor arid the Contractor's subcontractors, arid
14. Upon request by any person or entity appearing tobaa all other items for which a mechanic's lien may be
potential beneficiary nf this Bond,the Contractor shall asserted in the jurisdiction where the labor, materials
pmmpt|y furnish o copy of this Bond or shall permit ocopy or equipment were furnished.
iobemade.
15.2 Construction Contract: The agreement between
15. DEFINITIONS the Owner arid the Contractor identified on the sig-
nature page, including all Contract Documents and
15.1 Claimant: An individual or entity having adirect changes thereto.
contract with the Contractor o/with o subcontractor nf
the Contractor bofurnish labor, materials orequip- 15.3 Owner Default: Failure ufthe Owner,which has
ment for use in the performance nf the Contract. The neither been remedied nor waived,to pay the Con-
intent of this Bond shall be to include without limita- tractor oa required by the Construction Contract ork/
bonin the terms^labur. materials orequipmenf'that perform and complete or comply with the other terms
part of water,gas, power, light, heat, oil, gasoline, thereof.
telephone service mr rental equipment used inthe
MODIFICATIONS TO THIS BOND ARE ASFOLLOWS:
1, Amend paragraphs 4.1 and 42.3 dealing with notice to the surety by adding 1 the end
of each paragraph"and furnished to surety an explanation of the clain and copies of
documents un which the Claimant relies tm support the duim.^
2. Amend paragraph 5by changing^or"ho^mnd^soitreads:
�
5. Ka notice required by paragraph 4is given by the Owner to the Contractor and
to the Surety,that ia sufficient compliance.
3. Paragi-aph 6 above is deleted in its entirety and the following is substituted in its place:
6, When the claimant has satisfied the conditions oJ paragraph 4 arid has
Submitted any additional supporting documentation, and any sworn proof of
u|eim, requested by the Surety, the Surety shnU,within e reasonable period of
time,which shall riot be less than 45 days, respond too the Claimant arid offer to .
pay or arrange for payment of any undisputed amount; provided, however, that
the failure of the Surety to fully and/or timely discharge its obligations Linder this
paragraph or to dispute or identify any specific defense to all or part of a claim
shall not be deemed an admission of liability by the Surety or otherwise constitute
m waiver-cf any rights or defenses the Contractor and/or Surety may have o/
acquire as to such claim, including,without limitation,any right to dispute such
claim. |nno event shall the Surety's liability to any claimant Linder this Bond
exceed the SLIM properly due such claimant.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR ASPRINCIPAL SURETY
Company: (Corporate Sea]) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address:
r 1
. .. ., N HGMW-10-249-0184
� 6
.�4,
POWER OF A'rTORNEY
KNOW ALL MG,N BY '1'I IFSE Pi EISENTS: That HUDSON INMJRANCE COMPANY, a corporation of the State of Delaware, with
offices tit 1O0 \h'illrtun Street, New York, New York, 10038. has made, constituted and appointed, and by these presents, does make, constitute
and appoint
Jay A.Zahn,[Cathryn A.Weidner,.fenny L.Ifirth
of the State of Wisconsin
its true and lawful A Ito rney(s)-in-Fact,at New York,New York,each of'them alone to have full power to act without the other or others,to make,
execute and deliver on its behalf, as Surety, bonds and undertakings given f(.)r any and all purposes, also to execute and deliver on its behalf as
itforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single
bond or underunking shall obligate said Coropany for any portion of lire penal Burn thereof in excess Of the Sum of Ten Nlilli(m T)ollars
Such bands and undertakings when duly executed by said Attorneys)-in-Fact,shall be binding upon said Company its fully and to tiro sttrtto
extern as ifsigned by the President of Said Company under its corporate seal attested by its Secretary.
In Witness Whereof', IIUDSON INSURANCT COMPANY has caused these presents to be of its f;xccutive Vice President thereunto duly
_. „obcr 20 12_..,..at New York,Netv York.
authorized,on this Stirh clay of_,C7�cc�„ µ _�,,
wuran 1117DSON INSURANCE,COMPANY
4
SEA[
1918 ��o
Du a a d tlnls Christopher-T.Suarez
C:orTorat°Secretary Executive Vice President
STATE OF NEW YORK
COUNTY C)l-'NIA W Y01'M S5.
Oil tine _ha5th _day or December 20 1,2 before rite personally came Christopher',Suarez to me known,who being by me duly sworn diet
depose and say that is ran Exccuuve Vice Prasidcm of HUDSON INSURANCE COMPANV, the corijoration described herein and which executed the above
instrument,that Ire knows the seal of said Corporatism,that the seal affixed to said instrument is such core rare seal,that " was so affixed by order ol"the Beard(if
i)irectors ol`suid Corporation,and that he signed his name thereto by like order.
�vx`xt�y�PAtA M1A41jo
(Notarial Seal) �� ."•°"'°°"•."w/� XX 0� �4 6IUR11 '
"°to ARYP0�✓ ". �' Notary Public,St tc of New York
No.01 M116067553
Qualified in Nassau County
0, 0lhgll y553 Cartrmissiarr ExpiresDecember I(),2013
CERTIFICATION
STATE OF NEW YORK �r�✓j�a`i°!+ ".Ml C r:i Vic' �`v
COUNTY 01'NEW YORt1��41%
'file undersigned Dina Uashalalds hereby certifies:
That tite mightal resolution,of which tite fallowing is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of
Hudson Insurance Company dated July 27"' 2007,and has not since been revoked,amended or modified:
"RESOLVED,that the ['resident the, Executive Vice Presidents,tits Senior Vice Presidents and the Vice Presidents shall have Cite authority and
discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's stnely business', and to
empower such agent or agents,or attorney or autrrneys•in•fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and
recognizanc.es, whether made by this Company as surety thereon or otherwise, indemnity, contracts,contracts and certificates, and tiny and all other
contracts and undertaking.;made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations
regarding undertakings so made;and
FURTHER RESOVI.U),that tiro signature orally such Ot'ticcr of the Company and the Company's seal may be affixed by facsimile to any power
of attorney or certification given for Cite execution of any bond, m
undertaking,recognizance,contract of incfeniry or other written obligation in lire mrtura
thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original
signature of such affrcer and the original seal of the Company,to be valid and binding upon the Company with tine same force and ef['ect as though
manually aft"ixad."
Ti CAT tine above and foregoing is a(till,Crud and correct copy of 1'otwcr of Attorney issued by said Company,and of the whole of the original and that the
said Power of Attorney is still in full I`orce and effect and has not been revoked,and furthermore hart the Resolution of the Board of Directors,set forth in the said
Power of Attorney
is no"'in force. F x f' 14
/ 20 r
the hand of the undersigned and the seal of said Corporation this� _day o �
(Corpor
1918
SEAL
Jta� )asitalahis,Corporate Sccrct try
Form Per ) "S' (v 1)
THE 8K8ER|CAN INSTITUTE [lF ARCHITECTS`
Premium Amount Based
mn Final Contract Amount
Bond No. HGMW-10-249-0184
/UA Document AJ12
Performance Bond
Any singular reference m Contractor,Surely,Owner or other party shelf�considered plural where applicable.
CONTRACTOR(Narne and Address): SURETY(Narne and Principal Place of Business):
SABEL MECHANICAL, LLC Hudson Insurance Company
W3150 County Road H 100 William Street
FOND DU LAC,Wl 54937 New York, NY 10038
OWNER(wame and xooress):
City Of Oshkosh
215 Church Avenue
Oshkosh,VN548O3
/
CONSTRUCTION CONTRACT
Date: July 13' 2o18
Amount: FORTY SIX THOUSAND EIGHT HUNDRED THIRTY FOUR AND 05M00 ($46'834.05)
Description (Name and L000tion): Installation of City Furnished Kennedy Model 7661A, 30-Inch Gate Valves,Wastewater
Treatment Plant. Oshhosh'VN
BOND
Date (Not earlier than Construction Contract Daba): July 20, 2D1O
Amount FORTY SIX THOUSAND EIGHT HUNDRED THIRTY FOUR AND O5/180 ($46'834.05)
Modifications to this d [<] None [] See Page 3
SURETY
COMPANY: (Corporate Seal)
~~.— . .... �
J
Signature: Si
Name and Title: ( Name and /mm:
Kathryn A^ Weidner'Attomey-n1Fao
(Any additional signatures appear on page 3)
FOR INFORMATION—ONLY-Name,Address and Telephone OWNER'S REPRESENTATIVE (Architect,
AGENT OR BROKER: or Engineer or other party):
R&m INSURANCE SERVICES,INC.
PO Box 1Vn
Menomonee Falls,vV|eoV52
xm DOCUMENT Aw2 PERFORMANCE BOND AND PAYMENT oowo vsccmesR,ywco.^/Aw Ao1o4Be4 1
THE AwswCxw INSTITUTE op ARCHITECTS,n3nmewvnxx^vs.w`°,wmax/warowoo.zmu"
THIRD PRINTING'MARCH 1vor
1. The Contractor and the Surety,jointly and severally,
bind themselves, their heirs,execumno, odmioistrators, reasonable promptness undertho circumstances:
successors, and assigns\o the Owner for the performance .1 After investigation, determine the amount for which nmay
nf the Construction Contract,which im incorporated herein be liable ho the Owner and, oe soon ae practicable after the �
` by mhamnoo. amount is determined, tender payment therefor tothe
Owner;or �
.2 Deny liability in whole orin part and notify the Owner
citing reasons therefor. �
%. If the Contractor padonno the Construction Cnntroct, 5 U the Surety does not proceed as provided in Paragraph �
the Surety and the Contractor shall have nnobligation 4 with reasonable promptness,the Surety shall bedeemed �
under this Bond,except N participate in conferences as to be in default on this Bond fifteen days after receipt of an
provided in Subparagraph 3.1. additional written notice from the Owner Vo the Surety
demanding that the Surety perform its obligations under
3. If there is no Owner Default,the Surety's obligation this 8ond, and the Owner shall be ooUVeg to enforce any
under this Bond shall arise after: remedy available\o the Owner. )f the Surety proceeds oe �
provided in Subparagraph 44. and the Owner refuses the �
3.1 The Owner has notified the Contractor and the payment tendered or the Surety has denied liability, in
Surety at its address described in Paragraph 1Obelow whole orin part,without further notice the Owner shall ha �
that the Owner im considering declaring oContractor entitled 10 enforce any remedy available 1m the Owner.
Default and has requested and attempted to arrange a �
conference with the Contractor andthe Surety to be
held not later than fifteen days after receipt ofsuch 6. After the Owner has terminated the Contractor's right
notice to discuss methods of performing the Conatmo- to complete the Construction Con\ract, and if the Surety
honContmct. |f the Owner,the Contractor and the elects to act under Subparagraph 4.1.42. or4.3above,
Surety agree,the Contractor oho|}be allowed a reason- than the responsibilities of the Surety to the Owner mhm||
able time tu perform the Construction Contract, but not be greater than those of the Contractor under the
such eo agreement shall not waive the Owner's right, if Construction Contract,and the responsibilities ofthe
any, subsequently to declare u Contractor Default; and Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit ofthe
3.2 The Owner has declared a Contractor Default and amount of this Bond, but subject to commitment bythe
formally terminated the Contractors right 0ncomplete Owner of the Balance of the Contract Price ho mitigation nf /
the contract. Such Contractor Default shall not bede- costs and damages on the Construction Contract,the Cum' �
clamdaadier1hankwenty days afterthe Contractor and (yia obligated without duplication for: l
the Surety have received notice ao provided in Sub-
paragraph 3.i; and 6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
3.3 The Owner has agreed to pay the Balance of the nun Contract;
Contract Price ho the Surety in accordance with the
terms nf the Construction Contract or1nocontractor $.2 Additional legal,design professional and delay
selected tu perform the Construction Contract in acunp coats resulting from the Contractor's Defou|t, and re-
dance with the terms of the contract with the Owner. uu|UnO from the actions or failure 10 act of the Surety
under Paragraph 4; and .
4. When the Owner has satisfied the conditions ofPara-
graph 3. the Surety ahm||promptly and at the Surety's ex- 6.3 Liquidated damages, orifno liquidated damages
ponme tohn one of the following actions: are specified in the Construction Contmo(, actual dam-
ages caused by delayed performance or non-perfor-
4.1 Arrange for the Contractor,with consent ofthe manceof the Contractor.
Owner. to perform and complete the Construction
Contract; or 7. The Surety shall not beliable to the Owner or others for
obligations pf the Contractor that are unrelated ho the Con'
4.2 Undertake to perform and complete the C*nutmo- etmction Contnac(, and the Balance of the Contract Price
bon Contract itself,through its agents or through inde- eheU not be reduced or set off on account of any such
pendent contractors; or unrelated obligations. No right cfaction shall accrue on
this Bond to any person or entity other than the Owner or
4.3 Obtain bide or negotiated pmpnoo|a from its heim,executors, administrators, or successors.
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con- 8. The Surety hereby waives notice uf any change, indud'
stmction Con1mct, arrange for a contract to be pre' inO changes of time,to the Construction Contract or to
pared for execution by the Owner and the contractor related subcontracts, purchase orders and other obliga-
selected with the Owner's concurrence, to be secured dons.
with performance and payment bonds executed bye
qualified surety equivalent tothe bonds issued on the g. Any proceeding. legal or equitable, under this Bond
Construction Contrac(, and pay to the Owner the may be instituted in any court of competent jurisdiction in
amount of damages as described in Paragraph O in ex- the|noo1ion in which the work or pert of the work is located
oeum of the Balance of the Contract Price incurred by the and shall be instituted within two years after Contractor
Owner resulting from the Contractor's default; or Default or within two years after the Contractor ceased
working nr within two years after the Surety refuses nrfails
4.4 Waive its rights to perform and complete, e/mn8e to perform its obligations under this Bnnd,whichever or'
foroump|o1ion. nrnbtainmnownon1ractorandwithreoaoneb|o curs first. |f the provisions uf this Paragraph are void or
promptness under the circumstances: prohibited by|aw, the minimum period of limitation available
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA(4) A 312-1984 2
xmsmCAw INSTITUTE or ARCHITECTS,`,,,NEW,onn AVE,wxu'wxnH/wsnmo/C.20006
THIRD PRINTING mxnco,,^,
` able ho sureties aaa defense in the jurisdiction of the suit tractor of any amounts received orhbo received by
shall beapplicable. the Owner in settlement of insurance ur other claims
for damages to which the Contractor ia entitled, e+
10. Notice 0o the Surety, the Owner u/the Contractor shall ducedby all valid and proper payments made Uroron
be mailed or delivered to the address shown on the sig' behalf of the Contractor under the Construction Con-
nature page. tract.
11. When this Bond has been furnished hn comply with o 12.2 Construction Contract: The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig-
the construction was to be performed, any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement changes thereto.
shall be deemed deleted hensfrom and provisions con-
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure ofthe Contractor,
be deemed incorporated herein. The intent ia that this which has neither been remedied nor waived, hu per-
Bond mhoUbeoonstmadamaototudorybondondnotaaa form or otherwise ho comply with the terms ofthe
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure ofthe Owner,which has
neither been remedied nor waived, to pay the Con-
12.1 Balance of the Contract Price: The total amount tractor aa required by the Construction Contract orho
payable by the Owner hu the Contractor under the perform and uomp|ateor comply with the other terms
Construction Contract after all proper adjustments thereof.
have been made,including allowance 0o the Con-
MODIFICATIONS TOTHIS BOND ARE AB FOLLOWS:
^
|
� (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR ASPRINCIPAL SURETY Company
(Corporate Seal) (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 311,AIA 0 A312-1984 3
THE xmsmrxm INSTITUTE opARomrsorS,,rmwcw,omvwVE,w.W,w^s INorowucu00o
THIRD PRINTING'MARCH,9v
POWER OF ATTORNEY
KNOW ALL MEN BY THESE, PREISf:N'TS: "]'hill HUDSON INSURANCE COMPANY, a corporation of the State of Dolawarc, with
offices at 100 William Street, New York, New York, 10038. has made, constituted and appointed, and by these presents. does make., constitute
ant appoint
,lay A.(Zahn,Kathryn A.Weidner,Jenny L.1tirth
of the State of Wisconsin
its true and lawful rlttorney(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others, to make,
execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its hehall'as
aforesaid renewals,extensions,agreements,waivers„consents or stipulations relating to such bonds or undertakings provided,however,than no single
bond or undertaking shall obligate said Company for any portion of the penal surd thereof in execss of tfie start of `fen ;Million Dollars
(S I11,on,000.0fi).
Such bonds and undertakings when duly executed by said Attorneys)-in-Fact,shall be binding upon said Company as fully and to the same
extent as it'signed by the President of said Company tinder its corporate seal attested by its Secretary,
fit Witness Whereof;I lUDSONr INSURANC,'li COMPANY has caused these presents to be of its f xecutive Vice president thercunto dirty
y r 20 12.-._.al New York,New York.
authorized,oat this 5th da o1"-L,)�ccarr.l?,c
yuaan t
t1UDSl)N I:VSUI2ANC1i;C;O)tf'ANV
tierwr ,, _ ................. fay............. �:. ...,.., ?� >,,.,.............,....
Dr 't� .j a lariifs Christopher T.Suarez:
Corporal,Sccreuiry Executive Vice president
STATE Oir NLW YORK
COUNTY OF NEW YORK. Ss,
Oil the Sth day of Deectuber 2012 before me personally came Christopher T, Suarez to me known,who being by me duty sworn diddepose and say that he isan Exccutfve Vito president of CtUI)SC7N fvStlCtA4C'E COMPANY, the car[ ration described herein and which executed the aboveinstrument,that fie knows the seal of said Corporation„that the seal attixed to said instrument is such carp rate seal,that ` was so affixed by order of the Berard of
Directors of said Corporation,and that he signed his narnc thereto by like order.
01 OtA,c�,tltlt IM f}I!!/!��
(Notarial Seal) 4w`c �Fj�, /V/ u At.Ik URI'll
o ° 0AOFyP0*-.;• ! NotaryPublic,S tcofNcwYork
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01*07653 Commission Expires December 10,2013
% ,`o-,�tJN�D a•° ,;' CERTIFICATION
STATEOF
YO
COUNTY OF NEW YOCtK�¢�Pp
The undersigned Dina Duslolalds hereby certifies:
That the original resolution,of which die following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of
Hudson insurance Company dated July 27",2007,and has not since been revoked,amended or modified:
"RESOLVED,that the['resident, the Executive Vice presidents,the Senior Vice presidents land the Vice Presidents shall have the authority and
discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business, fined to
empovver such agent or agents,or attorney or attorneys-in•fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and
tecognizances, yvhether made by this Company its surety thereon or otherwise, indemnity contracts,contracts and certificates,and any and all other
contracts and undertaking made ill the course of this Company's surety business,and renewals,extensions,agreements„waivers,consents or stipulations
regarding undertakings so made;and
FURTHER HSOV1,10,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power
of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature
thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original
signature of such officer and file original seal of the.Company,to be valid and binding upon the Company with the same force and effect as though
manually affixed",
"fI CAT the above and foregoing is a fill,true and correct copy of power of Attorney issued by said Company,and of the whole of the original and that the
said power of Attorney is still in fill force and clTect and has not been revoked,and furthermore hat the Ke odution of the Board of Directors,set forth in the said
Power of Attorney is now in I"once.
..
Witness the hand of the undersigned and the seal of said Corporation this, r day o _ 1 ,'c�, _ 20
ranee'
(Corportb
zlf SEAL
.",�a�s�.," fus+")asitalalrls,C'orporatc Sccrc try
porn['et f)52 (v 1)
THE AMERICAN INSTITUTE OF ARCHITECTS
to
Bond No. HGMW-10-249-0184
AIA Document A312
Payment Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable,
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
SABEL MECHANICAL, LLC Hudson Insurance Company
W3150 County Road H 100 William Street
FOND DU LAC,WI 54937 New York, NY 10038
OWNER (Name and Address):
City Of Oshkosh
215 Church Avenue
Oshkosh,WI 54903
CONSTRUCTION CONTRACT
Date: July 13,2018
Amount: FORTY SIX THOUSAND EIGHT HUNDRED THIRTY FOUR AND 05/100 ( $46,834.06)
Description (Name and Location): Installation of City Furnished Kennedy Model 7561A, 30-Inch Gate Valves, Wastewater
Treatment Plant. Oshkosh,WI
BOND
Date (Not earlier than Construction Contract Date :July 20, 2018
Amount: FORTY SIX THOUSAND EIGHT HUNDRED THIRTY FOUR AND 05/100 ($46,834.06
Modifications to this Bond: x None See Page 6
CONTRACTOR AS P CIP L SURETY
COMPANY: orpor Seal) COMPANY: (Corporate Seal)
SAREL MECIIA CA ."I. Al Hudson Insurance Company
Signature: Signat6r,
Name and Title: Name and'Tftle�
Kathryn A.Weidner,Attorney-in-Fact
(Any additional signatures appear on page 6)
FOR INFORMATION ONLY-Name,Address and Telephone OWNER'S REPRESENTATIVE (Architect,
AGENT OR BROKER: Engineer or other party):
R&R INSURANCE SERVICES,INC.
PO Box 160
Menomonee Falls,WI 53052
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AWIP
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 4
THIRD PRINTING-MARCH 1987
1. The Contractor and the Surety,jointly and severally, G. When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4. the Surety shall promptly and sdthe
successors, and assigns to the Owner ho pay for labor, Surety's expense take the following actions:
` materials and equipment furnished for use in the perfor- 6.1 Send en answer to the Claimant, with e copy ho
mmnceof the Construction Contract, which iainoorpo- the Owner,within 45 days after receipt of the claim,
rated herein by reference. stating the amounts that are undisputed and the basis �
2. With respect ho the Owner,this obligation shall bm for challenging any amounts that are disputed.
null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed �
21 Promptly dired|y, or amounts.. . . . . !
for all sums due Claimants, and �
7. The Surety's total obligation shall not exceed the
2.2 Defends, indmmnifima and holds harmless the amount of this Bond, and the amount of this Bond shall be .
Owner from claims, demands, liens or suits byany credited for any payments made in good faith by the Surety.
person or entity whose claim, demand, lien or suit ia 8. Amounts owed by the Owner hn the Contractor under
for the paymentfor labor, materials, or equipment fur- the Construction Contract shall be used for the pedbp
nished8urueeintheperfhnnano*oftheConadructiun munceof the Construction Contract and to satisfy claims,
Contract, provided the Owner has promptly notified if any, '
under any Construction Performance Bond. By
the Contractor and the Surety(at the address the Contractor furnishingand the Owner accepting this
described in Paragraph 12)of any claims, demands, Bond, they agree that all funds earned by the Contractor
liens, ormuibmndtwndemdd��nueofauchdmimo
' in the performance of the Construction Contract are �
demands |ienooroui|u�o�haConhactorandthe
' dedicated to satisfy obligations uf the Contractor and �
Surety, and provided there imno Owner Default. thaSu»ah/undorthis Bond subject to the Ovvner'aPrio� �
3 With '
' ' dyto use the funds for the completion of the work.
null and void if the Contractor promptly makes pay- 9. The Surety shall not be liable to the Owner, Claimants �
mant. directly or indirectly, for all sums due. or others for obligations of the Contractor that are unrelat-
ed totheConstruntionControct. The Owner shall not be �
4. The Surety shall have no obligation toClaimants liable for payment of any costs or expenses of any Claim-
under this Bond until: ant under this Bond, and shall have under this Bond noob|i-
4.1 Claimants who are employed bymr have adirect gationoto make payments to, give notices nn behalf of, or �
contract with the Contractor have given notice tothe otherwise have obligations to Claimants under this Bond.
Surety (at the address described in Paragraph 12) and 10. The Surety hereby waives notice of any change,
sent e copy, or notice thereof, to the Owner, stating including changes of time, to the Construction Contract
that a claim ia being made under this Bond and,with orto related subcontracts, purchase orders and other �
substantial accuracy, the amount of the claim. obligations.
4.2 Claimants who do not have a direct contract 11. Nu suit nr action shall be commenced byaClaimant
with the Contractor: under this Bond other than ine court nf competent jurim- �
,1 Have furnished written notice to the Con- diction in the location in which the work or part ofthe .
tractor and sent a copy, or notice thereof, to work ia located or after the expiration of one year from the �
the Owner, within QO days after having last date (1) on which the Claimant gave the notice required by �
performed labor or last furnished materials or Subparagraph 4.1 or Clause 4.2.3, nr(2) on which the |aa< �
equipment included in the claim stating,with labor or service was performed by anyone or the last mate-
substantial accuracy, the amount of the claim rials or equipment were furnished by anyone under the Con-
and the name of the party to whom the otruoUon Contract,whichever of(1) or(2)first occurs. If the
materials were furnished or supplied orfor provisions of this Paragraph are void or prohibited bylaw,
whom the labor was done o,performed; and the minimum period of limitation available to sureties uoa
.2 Have either received e rejection in whole or defense in the jurisdiction uf the suit shall beapplicable.
in part from the Contractor, or not received 12. Notice to the Surety, the Owner or the Contractor
within 3O days of furnishing the above no- shall be mailed or delivered tn the address shown onthe
dce any communication from the Contractor signature page. Actual receipt of notice by Surety, the
by which the Contractor has indicated the Owner or the Contractor, however accomplished, shall
claim will be paid directly or indirectly; and be sufficient compliance aanf the date received o\the
.3 Not having been paid within the above 3O address shown on the signature page.
doya, have sent awritten notice twthe Surety 13. When this Bond has been furnished to comply with m
(at the address described in Paragraph 12) and statutory or other legal requirement in the location where
sent o copy, or notice thereof, to the Owner, the construction was 1obe performed, any provision inthis
� stating that o claim is being made under this Bond conflicting with said statutory orlegal requirement
Bond and enclosing a copy cf the previous shall bedeemed deleted herefrom and provisions con-
written noticefumiehedtothaConhaotoc forming to such statutory or other legal requirement shall
be deemed incorporated heroin. The intent ia that this
5. If notice required by Paragraph 4 is given by the Owner to
the Contractor ortuthe Surety, that is sufficient compliance.
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA0,0 A312-1984 5
THE^mspIC^m INSTITUTE o,ARCHITECTS,/raa NEW vonx^vs,wxx.wwu*woTow.D.n. uwoo
THIRD PRINTING'MARCH,onr
Bond shall be construed oaa statutory bond arid not uao Construction Contract, architectural and engineering
` common law bond. services required for performance of the work ofthe
Contractor and the Contractor's subcontractors, and
14. Upon request by any person or entity appearing tobmo all other items for which o mechanic's lien may be
potential beneficiary uf this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials
promptly furnish a copy of this Bond or shall permit acopy or equipment were furnished.
hobemade.
15.2 Construction Contract: The agreement between
15. DEFINITIONS the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
15.1 Claimant: An individual or entity having adirect changes thereto.
contract with the Contractor or with a subcontractor of
the Contractor kzfurnish|obor, mohmhm|e or equip- 15.3 Owner Default: Failure ofthe Owner,which has
meni for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con-
intent of this Bond shall be to include without lirnita- tractor ae required by the Construction Contract orho
tionin the terms''|mbnr. materials or equipment"that perform arid complete or comply with the other terms
part of water, gas, power, light,heat, oil,gasoline, thereof.
telephone service m rental equipment used inthe
MODIFICATIONS TD THIS BOND ARE ASFOLLOWS:
1. Amend paragraphs 4.1 and 42.3 dealing with notice Vo the Surety by adding at the end
of each paragraph"arid furnished tosurety an explanation of the Clain and copies of
documents oil which the Claimant relies to support the o|uim.^
2. Amund paragraph 5by changing^or"ho^and^ aoitreads:
^
5. |fo notice required hy paragraph 4is given by the Owner to the Contractor and
to the 8urety, that is sufficient compliance.
3. Paragraph Gabove is deleted in its entirety and the following is substituted in its place:
G. When the claimant has satisfied the conditions of paragraph 4 and has
Submitted any additional Supporting documentation, and any sworn proof of
claim, requested by the Surety,the Surety shall,within a reasonable period o(
time,which shall not be less than 45 days, respond too the Claimant and offer to _
pay or arrange for payment of any undisputed amount; provided, however,that
the failure cf the Surety io fully and/or timely discharge its obligations Linder this
paragraph orto dispute or identify any specific defense ho all or part ofaclaim
shall not be deemed an admission of liability by the Surety or otherwise constitute
o waiver of any rights or defenses the Contractor and/or Surety may[lave or
acquire as to such claim, including,without limitation, any right to dispute such
claim. |nno event shall the Surety's liability ho any claimant under this Bond
exceed the eum properly due Such claimant.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR ASPRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: | ' Name and Tme. "
Address: '
ALA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.AlAffi) A312-1984 6
THE AMsmcAw INSTITUTE op ARCHITECTS,,rm NEW,onxAvs wW..w»oH/warpw.uc ,mo
THIRD PRINTING'MARCH,mv
HGMW-10-249-0184
"Mtn:,•;,
POWER OF ATTORNEY
KNOW ALL MEN 13Y THESE. PRESENTS: *]*flat HUDSON INSUI'(ANCE COMPANY, it corporation of the State of Delaware, with
offices at 100 William Street, New York, Nov York, 10035, has tirade, constituted and appointed, and by these presents, does make, constitute
and appoint
,Jay A.Zahn,Kathryn A.Weidner,.Jenit),L.Iirth
of the State of Wisconsin
its true and lawful Attorneys)-ind act,at New York,New York,each of them alone to have full power to act without the other err others,to snake,
exectite and deliver on its behalf, its Surety, bonds and undertakings given for any and all purposes„ also to execute and deliver oil its behalf as
aforesarid renewals,extensions,agreements„waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single
bond or undertaking shall obligate said Company for any portion of the penal sum thereof" in excess of` the sum of "fen Nfillion Dollars
(S I(),o0f1,000.0t1).
Such bonds and undertakings when duly executed by said Attorneys)-in-Fact,shall be binding;upon said Company as fully and to the same
extent as if&igned by the['resident ofsard Company trader its corporate seal attested by its Secretary.
In Witness Whereof. iIUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thcreunto duly,
authorized,on this..Swlit.. w clay of 1) cc itrl�cr 7.0 1. fit New York,New York.
..
}�faurae�{u
mfrk *f a tl (it317y?sON INSURANCE,C OM11,0V
�• SEAL f
x` 151E ! y
11%
f7nTrI3,. catads C.`Iirlstaphct-T.Suarez
C:.ar,It,Secretary Executive Vice President
STATE OF NEW YORK
COUNTY OF NEM YCJRK, ss.
Oil tiro_5th day of December' 20 1.2 _before me personally came:Christopher`I'.Suarez to me known,who being,by ine duly sworn did
depose and say that lie is an Executive Vice President of HUDSON INSURANCR COMPANY, !tic sort ration described herein and which executed the above
instrument„that he knows the seal of said Corporation,that the seal affixed to said instrument is such corps rate seal,that ' was so aff xcd by order of the Board of
Directors of said Corporation,and that he signed his name thereto by like order.Scyy1911till Wl///y/, Y..(1...,...i�
(Notarial seal) ��r�` a` �"�'•• �A�l�*'"jr, lt.NIUR '11 '
a++ ��� Notary Public,St to of New York
+ � / No.0IMU6067553
d . Qualified in Nassau County
01*07553 tar Commission t:xpires December 10,2013
+
CERTIFICATION
STATEOF NEW YORK ��s/o� ''aa.a+,r.+
COUN"fY OF NEW YORK
T"hc undersigned Dina Dristodaltis hereby certifies:
That tire original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of
I Judson Insurance Company dated July 27's,2007,and has not since bccn revoked,amended or modified:
"RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and
discretion, to appoint such agent or agents, or attorney or trutrnncys-in-1<tct, for the purpose of carrying on this Company's surety business, and to
empower such agent or ag;cnts,or attorney or attorneys-in-fact,to execute and deliver,under this Corpany's seal or otherwise,bonds obligations,and
rccognizaneas, whether made by this Company its surety thereon or otherwise, indemnity contracts,contracts and certificates,and tiny and ail other
contracts and undertakings made in tine course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations
regarding undertakings so made:and
FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power
of attorney or certification given for the execution ol'any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature
thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though
manually affixed."
Tl IA'f the above and toregoing is it fall,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the
said Power of tMnonncy is still in lL0 Iona and effect and has not been revoked,and furthermore hat the Resolution of the Board trf"i)ircctars,set lent in flee said
Power of Attorney is now in force. J
Witness the hand of the undersigned and the seal of said Corporation this ern day rr_ w g 20 ! .
+ ran
(Corpor 4s1 Y044 .a
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' SEAL s:
' 151E ,
orucw •r' lrta, Wkalahls,Corporate Bare try
Farms Per CJeEit (vt)