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HomeMy WebLinkAboutContractor Agreement: Installation of Breathing Air Compressor and Fill Statation for OFD 13,36i i ORIGINAL of RECEIVED Oshkosh Fi k ill CITY CLERK'S OFFICE CONTRACTOR AGREEMENT: INSTALLATION OF BREATHING AIR COMPRESSOR AND FILL STATION FOR OSHKOSH FIRE DEPARTMENT CITY OF OSHKOSH THIS AGREEMENT, made on the 3011, day of NOVEMBER, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and. OSHKOSH FIRE AND POLICE INC., 175 INDIAN POINT ROAD,OSHKOSH,WI 54901,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. This Instrument 2. Proposal Solicitation 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts,the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (DARREN MOXON, SALES/SERVICE 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 Mall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 1 30 http://www,ci.oshkosh,wl.us ARTICLE 111. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (MIKE STANLEY, OSHKOSH FIRE CHIEF) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled"INSTALLATION OF BREATHING AIR COMPRESSOR AND FILL STATION OSHKOSH FIRE DEPARTMENT," dated October 17, 2018, and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid. Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project,providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than FEBRUARY 1, 2019. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$37,400.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s)for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII, CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor,his agents or assigns,his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or ad- judged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE IX INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONT TOR/C40N LTANT By: (Sea].of Contractor (Specify'l'itle) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: MarkX Rohloff, City Manager CC itness) And Mt tries's) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to 1_0 pay the liability which will accrue under this contract. \I-Ci.ty, ttorney City Comptroller CITY OF OSHKOSH INSTALLATION OF BREATHING AIR COMPRESSOR AND FILL STATION OSHKOSH FIRE DEPARTMENT BID PROPOSAL FORM Page 1 of 2 \,, From: 0s�.l;osh Fire & Police Equipment, T"dder's company name) BID PROPOSAL DEADLINE: THURSDAY,NOVEMBER 8,2018 Q 10:00 A.M. Date: 11/07/2018 Addenda: Receipt of Addenda numbered N/A of N/A are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write "N/A" above. In compliance with the advertising for Bids and having carefully exanvned the drawings and specification for the Work and the Site of the proposed work and having determu7ed all of the conditions of the work,the rules,regulations,laws,codes,ordinances,and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor,Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction, By Submission of this Bid, each Bidder certifies,and in the case of a joint Bid,each party thereto certifies as to its own organization,that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): TOTAL BASE BID $ 37,400.00 Thirty Seven Thousand Four Hundred Dollars (Base Bid Price—in Words) Make and Model Number: Scott/Simple A i r Warranty Details: Air Compressor 3 years/Fill Station 5 years Delivery and install in 90-120days after receipt of order, 30 CITY OF OSHKOSH INSTALLATION OF BREATHING AIR COMPRESSOR AND FILL STATION OSHKOSH FIRE DEPARTMENT BID PROPOSAL FORM Page 2 of 2 SIGNATURES Date: 11/7/2011'4ameof'Company: Oshkosh Fire & Police Equipment, Inc. Subn-Littedby: (name/title)Darren Moxon/Sales Mg&lail: darren@ofpe. com Address of Compal-ly:175 Indian Pt. Rd. OshkoPhone(920) 235-3610 Company Representative that will be named Project Manager for this project,if awarded the bid: Darren Moxon -q-1 -- /Sertiee Manager Name Title That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in(its)(their)behalf, and that said statements are true and correct. Signature Title Sales/Service Manager 31 Bond# 2430300 * * PERFORMANCE BOND The American institute of Architects, AIA Document No.A312(December, '1984 Edition) Any singular reference to Contractor,Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER(Name and Address): Oshkosh Fire & Police Equipment City of Oshkosh 175 Indian Point Road 215 Church Avenue Oshkosh, WI 54901 Oshkosh, WI 54901-1130 CONSTRUCTION CONTRACT SURETY(Name and Principal Place of Business): Date: 11/30/2018 Old Republic Surety Company P. 0, Box 1635 Amount: $37,400.00 Milwaukee, WI 53201 Description(Name and Location): Installation of Air Compressor for Oshkosh Fire Department BOND Date(Not earlier than Construction Contract Date):11/30/2018 Amount: $37,400.00 Modifications to this Bond: H None 0 See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Oshkosh Fire & Police Equipment Old Re "IC ret m ypa y P , Signature- Signature:_=j Name and Title:Karen Kassube-Moxon 1weer Name and Title: Rhonda S, Kluessendorf, FIQAj (Any additional signatures appear on page 2.) (FOR INFORMATION Only- Name, Addreas and Telephone) OWNER'S REPRESENTATIVE(Architect, Engineer or other AGENT or BROKER: Agent party): McGlone 505 N.Westfield Street Oshkosh,WI 54902 0 The Contractor and the Surety,jointly and severally, bind Illeln- 3-3 The Owner has agreed to pay the Balance of the Contract Price selves,their heirs,executors,administrators,successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract,which Contract or to a contractor selected to perform the Construction is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract,the Surety and Owner. the Contractor shall have no obligation under this Bond,except to par- 4 When the Owner has satisfied the conditions of Paragraph 3, the ticipate in conferences as provided in Subparagraph 3.1. Surety shall promptly and at the Surety's expense take one of the 3 If there is no Owner Default/the Surety's obligation under this Bond follo,Aing actions: shall arise after 3.1 The Owner has notified the Contractor and the Surety at its 4.1 Arrange for the Contractor with consent of the Owner, to address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract-,or sidering declaring a Contractor Default and has requested and 4.2 Undertake to perform and complete the Construction Contract attempted to arrange a conference with the Contractor and the itself,through its agents or through independent contractors;or Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner,the Contractor and the Surety agree,the Contractor acceptable to the Owner for a contract for performance and com- shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract,arrange for a contract to be tract,but such an agreement shall not waive the Owner's right,if prepared for execution by the Owner and the contractor selected any,subsequently to declare a Contractor Default', and with the Owner's concurrence, to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3.1' and resulting fromthe Contractor's default-,or conforms with The Amman Insttuteof Archtects,A.I.A.Documents ORSC22M(10-93) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- Paragraph are void or prohibited by law,the minimum period of limi- tractor or to the Surety,that is sufficient compliance- tation available to sureties as a defense in the jurisdiction of the suit 6 When the Claimant has satisfied the conditions of Paragraph 4,the shall be applicable. Surety shall promptly and at the Surety's expense take the following 12 Notice to the Surety,the Owner or the Contractor shall be mailed actions: or delivered to the address shown on the signature page. Actual 6.1 Send an answer to the Claimant,with a copy to the Owner, receipt of notice by Surety, the Owner or the Contractor, however within 45 days after receipt of the claim,stating the amounts that accomplished, shall be sufficient compliance as of the date received are undisputed and the basis for challenging any amounts that are at the address shown on the signature page. disputed . 13 When this Bond has been furnished to comply with a statutory or 6.2 Pay or arrange for payment of any undisputed amounts- other legal requirement in the location where the construction was 7 The Surety's total obligation shall not exceed the amount of this to be performed,any provision in this Bond conflicting with said statu- Bond,and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrorn and made in good faith by the Surety. provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor tinder the Construe- shall be deemed incorporated herein.The intent is that this Bond shall tion Contract shall be used for the performance of the Construction be construed as a Statutory bond and not as a common law bond. Contract and to satisfy claims, if any, under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential mance Bond- By the Contractor furnishing and the Owner accepting beneficiary of this Bond,the Contractor shall promptly furnish a copy this Bond,they agree that all funds earned by the Contractor in the of this Bond or shall permit a copy to be made, performance of the Construction Contract are dedicated to satisfy obli- 15 DEFINITIONS gations of the Contractor and the Surety under this Bond, subject to 15.1 Claimant:An individual or entity having a direct contract with the Owner's priority to use the funds for the completion of the work. the Contractor or with a subcontractor of the Contractor to furnish 9 The Surety shall not be liable to the Owner, Claimants or others for labor, materials or equipment for use in the performance of the obligations of the Contractor that are unrelated to the Construction Contract.The intent of this Bond shall be to include without limi- Contract.The Owner shall not be liable for payment of any costs or tation in the terms"labor, materials or equipment"that part of expenses of any Claimant under this Bond, and shall have under this water,gas,power, light, heat,oil,gasoline,telephone service or Bond no obligation to make payments to,give notices on behalf of, rental equipment used in the Construction Contract, architectural or otherwise have obligations to Claimants under this Bond. and engineering services required for performance of the work of 10 The Surety hereby waives notice of any change,including changes the Contractor and the Contractor's subcontractors, and all other of time, to the Construction Contract or to related subcontracts, pur- items for which a mechanic's lien may be asserted in the jurisdic- chase orders and other obligations. tiara where the labor,materials or equipment were furnished. It No suit or action shall be commenced by a Claimant tinder this 15.2 Construction Contract The agreement between the Owner Bond other than in a court of competent jurisdiction in the location and the Contractor identified on the signature page, including all in which the work or part of the work is located or after the expiration Contract Documents and changes thereto. of one year from the date(1)on which the Claimant gave the notice required by Subparagraph 41 or Clause 4.2.3,or(2)on which the last 15.3 Owner Default: Failure of the Owner,which has neither been labor or service was performed by anyone or the last materials or remedied nor waived,to pay the Contractor as required by the Con- equipment were furnished by anyone under the Construction Con- struction Contract or to perform and complete or comply with the tract,whichever of(1)or(2)first occurs. If the provisions of this other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None -Er", (Space is provided below for additional signatures of added parties,other than those appearing on the cover page-) al) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Old Republic Surety Company Oshkosh Fire & Po qulpmen Signature, Signatu`11'�_ NameanclTitle: Karen ube—Moxon owner Name and Title: Rhonda S.'Kluesse'ndorf, P6A Address: 175 Indian Point Road Address: 505-N. Westfield Street Oshkosh, W1 54901 Oshkosh, W1 54902 Page 2 Of 2 . , Bond# 2N303U � PAYMENT BOND me Ame rican � ~ 084EdnionSurety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Nmnw and Addmma) SURETY(Name and pnmimu Place of Business): Oshkosh Fine & Police Equipment Old Republic Surety Company � 175 Indian Point Road P' 0. Box 1635 � Milwaukee, VV| 532O1 Oshkosh, WI 54��1 � OWNER(Nem*.Address&Representative momo): City of Oshkosh 215 Church Avenue PD Box 113O Oshkosh, WI 54901-1130 CONSTRUCTION CONTRACT Date: 11/30/2018 xmnunt� $37'400.00 Description(Name and Locmtmn): Installation Of Air Compressor for Oshkosh Fire Department � 80wD Date(Not earlier than Construction Contract Dwm): 11/30/2018 | Amount:$37.400.00 Modifications m this Bvn& 21 None O See pmnn 2 � CONTRACTOR ASPRINCIPAL SURETY i � Company: (Corporate Seal) oompany� C)ShkDSh Fire & Police Equipment [)|d Republic Surety Company � Oshkosh VV| 54 Signature� -- � Name mmTmo Karen Kaaoobo—Moroo Joner Name and nuw [lhODd8 S. H]UesseOdor[ P16 (Any additional sianatures appear on pacie 2.) (FOR INFORMATION ow/v—wume. Address and Telephone) OWNER'S REPRESENTATIVE(Ao»8ec Engineer orother � AGENTorBROKER� party): � McC|mm 505N.VemtfioldStreet Oshkosh,WI 54902 'I The Contractor and the Surety,jointly and severally, bind them- ^1 Claimants who are employed Uyor have a direct contract with the selves,their heirs,executors,administrators,successors and assigns Contractor have given notice tn the Surety(at the address described to the Owner to pay for labor, materials and equipment furnished for in Paragraph 12)and sent o cnpy,or notice ihveo(.to the 0wnor, use in the performance o/the Construction Contract,which is incv" stating that u claim is being made under this Bond and,with oub- po,wted herein by reference. stwnUm|accuracy,the amount o/the claim. 2 With respect/o the Owner,this obligation shall bw null and void if 4.2 Claimants who uv not have n direct contract with the Contractor \hmCnntnactqr 1 Have furnished written notice Vo the Contractor and sent acopy, 21 Promptly makes payment,directly ur indirectly,for all sums due or notice thereof,tn the Owner,within 8V days after having last Claimants, and performed labor o/last furnished materials vr equipment included 2.2 Doh,ndu, indemnifies arid holds hmnn|esa the Owner from in the claim stating,with substantial mou/wcy,the amount o(the claims, demands, liens or suits»y any person nrwnVwwhose claim and the name of the party\n whom the materials were fur- claim, doman0.lion or suit is for the payment for|ouor,materials ni»hem or supplied"/for whom the labor was uvnw or pndonnmd, u/equipment furnished for use in the performance nr the Cnn$/oc- and Uoo Contract, provided the Owner has promptly notified the Con- .2 Have either received a rejection in whole or in part from the Con- tractor and the Surety(at the address described in Paragraph 12) tractor,ur not received within 3O days o/furnishing the above notice o,any claims-demands, liens o/suits and tendered defense n/ any communication from the Contractor Uv which the Contractor such c|aims,domands, liens or suits to the Contractor and the has indicated the claim will be paid directly o,indirectly; and � Sumty, and provided 8mm is no Owner[mmuK. �3 Not howmA been paid vwmm the above 30 uoya, have sent o 3 With respect m Claimants,this obligation shall bm null and void U written notice h`the Surety(at the address described inParagraph the Contractor promptly makes payment, directly nr indirectly,for all 12)and sent u copy,o,notice thereof,m the Owner,stating that sums due. a Ue'm is being mode under this mnnu and enclosing o copy W 4 The Surety shall have no obligation k,Claimants under this Bond until: the previous written notice furnished m the Contractor. omm°mmm The American/"sbtumo/Architects,^IA.Documents omoo,w(7^3) Page of 4/4 Waive its right k`perform and complete, arrange for completion, accrue on this Bond m any person m entity other than the Owner ov ^ nr obtain m new contractor anowmx reasonable promptness Linder its heirs,executors, administrators mrSuccessors. V`odnumaoances� B The Surety hereby waives notice or any change, including changes � 1 After investigation,determine the amount for which Umay wf time, k`the Construction Contract orm related subcontracts, h+liable io the Owner and, as soon os practicable after purchase orders arid other obligations. the amount{a determined, tender payment therefor iothe 9 Any proceeding, legal u,equitable, under this Bond may ua Owner,or instituted in any court o|competent jurisdiction m the location inwhich .2 Deny liability in whole n,m part and notify the Owner citing the work o/part of the work ia located and shall be instituted within reasons therefor. two years after Contractor Default o,within two years after the Cvn- ('mum,ceased working n,witbm two yem�after the Sueh/refuses � |Y/xeSur�vmo,sno�pmcovweupmvidedinP�nmg'aPh4�i'» or fails mpo�onn its oWinmhonsunder this Bond,whichever occurs mmmonuN�prvmpmeas. N�Su,v1ymhm||Veomomvdwbnindohuu|� first. If the provisions of this Paragraph are void vr prohibited»vlaw, on this Bond fifteen days after receipt nfan additional written notice the minimum period o'limitation available iu sureties wswdefense from the Owner tn the Surety demanding that the Surety perform its \n the jurisdiction cf the suit shall uo applicable- Obligations undor,xisBood'andthnCwno/shal'hwnndtkmmonmme anymmodyuvmi|ablemthoOwnor- KmoSomtypmcoousaspm«iUed 1O Notice\o the Surety, the Owner n/the Contractor shall uumailed � in Subparagraph 4.4.and the Owner refuses the payment tendered or delivered m the address shown pn the signature page. or the Surety has denied liability,in whole orin part,without further 11 When this Bond has been furnished N comply with o statutory n/ � notice the Owner shall he entitled m enforce any remedy available other legal requirement in the location where the construction was . to the Owner. to be performed,any provision in this Bond conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete *rYor legal requirement shall bm deemed deleted herehnnnand � the Construction Contract, and i|the Surety elects to act under provisions conforming k`such statutory o,other legal requirement � �hmUUmdeom�dincvrpnm�vuxomin Tx*inmu,|s,Aa�(hiy8ondo�vV Subparagraph 1 4 � or Non�UoraovonsibUiuo�ufmo ' ' ' hwcons�m*dmsos\*m�uryuondmndno�aaaunmmooin*hono Surety,vmv Owner yxoonot be greater than mvsoofmmContractor onu*rthe Construction Contract,and the responsibilities nf the Owner 12 DEFINITIONS m the Surety shall not bn greater than those ur the Owner under the 12.1 Balance o/the Contract Price The total amount payable by Construction Contract-ro the limit of the amount o/this Bond, but the Owner to the Contractor under the Construction Contract after subject mcomm|onentUy the Owner of the Balance of the Contract all proper adjustments have been made, including m||wA'ancem Price to mitigation o(costs and damages on the Construction the Contractor ux any amounts received v/mboreceived by the Contract, the Surety is obligated without dup|ication|vr Owner|n settlement or insurance or other claims for damages m wA|c�\�mcon�mcmri�onoUad rauucnubyu||vm|,�endpmpvr ' 61T��m�pons/hi|ihwsm\x*con�mcm,ho,cnnac�|nno/Unoec- ' � pavmmn�smademor^nbehm|�n[�koC^n,nac�o,umdwr�h* Uvm work and cnmp|oomnuf the oonstmc0ooConkect Construction oontmct- 6.2A4Umonm||oVa/xusignpmmssivno|andd*|mycomsmsu|UnQ 12.3 Construction CunomoL The agreement between the Owner ! hnm the Contractor's Default,and resulting from the actions m, and the Contractor identified on the signature page, including all failure mact of the Surety under Paragraph 4�and Contract Documents and changes thereto. � e.n Liquidated dmmmgwy'mKnu liquidated damages are spaci 12.J Contractor Default: Failure o/the Contractor,which has neither � hauin the Construction Contract. actual damages caused Uy been remedied nor waived,w perform nr otherwise|o comply with delayed performance w,non-performance nf the Contractor. the tmnnsof the Construction Contract. 7 The Surety shall not be liable w the Owner v/others for obligations 1o.4 Owner Default: Failure o|the Owner,which has neither been � oi the Contractor that are unrelated m the Construction Contract and remedied nor waived, 0o pay the Contractor ms required bythe the Balance'X the Contract Price shall not bo reduced or set off nn Construction Contract v/m perform and complete nr comply with account cf any such unrelated obligations. wo right cV action shall the other terms thereof. MODIFICATIONS To THIS BOND ARE 4aFOLLOWS: None 00 SON. (Space is provided below for additional signatures of added parties other than those appearing wthe cover page.) � � COmrRx�TORxsrn|wo|p�L (cu�ommSuu> sunsTY eat) Company: Company: Surety Company Address: 175 Indian Point Road Address: P. O. Box 1635 � OLD REPUBLIC SURE rl,,y COMPANY P 0 W ER 0 F AT T ORNE Y KNOW ALL MEN By,rHESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,(foes make,constitute and appoint: PATRICK J MCCLONE,DIANE MCCLONE,LYNN M CLAUSEN,SAMUEL J MCCLONE,RYAN MCCLONE,JAMIE R.NICKEL,MALLORY A.SCOTT,BRIAN F MCCLONE,RHONDA S.KLUESSENDORF,LORRAINE J GROVEAU,DENISE A.LEONARD,ANN M.ALLEN,TROY MATTHEW CARLSON,ANN LINZMEYER,OF MENASHA,Wl its true and lawful Attorney(s)-in-Fact,with full power and authority,not exceeding$50,000,000,for and on behalf of the company as surety,to execute slid deliver and affix the seal of"the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof,(oher thawa bad bonds,bank depository bonds,nwortgage,deficiency boads nmogage guaranty bonds,guarafflees ofinsufflinew Hiperand now guaranty I�xmds,seff,insurance Nvorkers compensafion bonds guarantecing pa'yino�t ofhenefits,asfiestos'Z�Gnent contract in.;nds,wale manage �ionds,hazardoti wast6 remediation bmids w black Wig t)f)jjJs), as follows: ALL.WRITTEN INSTRUMEN'I'S IN AN AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS($20,000,000)-------------------------FOR ANY SINGLE OBLIGATION and to bind OLD REPUBLIC SURETY COMPANY thereby,atut all of the acts of'said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This document is not vand unless printedon colored backtpound and is multi-colored. This appointment is made under and by authorit of the board ot'directors ata special inectinglield on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under slid by the authority or the fb I lowing resolutions adopted by the board of directors of(he OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that,the)president,any vice-president,or assistant vice president,in conjunction with the secretary or ally assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf orthe company to execute and deliver and affix the seal ol'the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i)when signed by the prcsidcut,zany vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(ifa seal be required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant Wand within the limits col"the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to tiny Power ofAttorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,01-D REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this.- 7TH -day of__ sEPTEMBER 2016. OLD REPUBLIC SURETY COMPANY SEAL As�,Oar Soo� STATE OF WISCONSIN,COUNTY OF WAUKESIIA-SS President On this TITI day of SEPTEMBER,2016 personally came before me, Alan Pavlic and to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above ............ instrument,and they each acknowledged the execution oftliesainc,and being by me duly sworn,did severally depose and say; that they are the said officers of the corporation aforesaid,and(fiat the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. Ok % yt Notary Public My commission expires:, , )/28/2018 CERTIFICATE (Expiration of notary commission does not Invalidate this Instrument) 1,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power ol'Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney;are now in 24-5018 useSigned and sealed at the City of'Brooklield,WI this Alay of SUAL ry rF dall MCCLONE AGENCY,INC. 22�8 '�W Bond No. To be determined BID BOND The American Institute of Architects, AIADociiiiieiit No. A310(Febrijai-y, 197013dition) KNOW ALL MI.-N BY THESE PlU."SENTS,that we Oshkosh Fire&Police Equipment,175 Indian Point Rd.,Oshkosh,Wl,54901 as Principal hereinafter called the Principal,and Old Republic Surety a corporation duly organized under the law of the state of' Wisconsin s as Surety, hereinafter called the Surety, are held and firinly bound unto THE CITY OF OSHKOSH, 215 CHURCH AVENUE, Oshkosh,Wl 54903-1130 as Obligee,hereinafter called the Obligee,in the surn of FIVE PERCENT OF BIDS AND ALTERATIONS Dollars ($5% ----------------- ), for(fie payment of which sum well and truly to be made, the said Principal and tile said Surety, bind ourselves, our heirs, executors, adniinistrators, succcssors and assigns,,jointly all(] severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for INSTALLATION OF AIR COMPRESSOR FOR CITY OF OSHKOSHFIRE DEPARTMENT NOW, THEREFORE,, if the Obligee shall accept the bid of the Principal and tile Principal shall enter into a Contract with the Obligee in accordance with the tears of such bid, and give such bond or bonds as may be speci red in the bidding or Contract Documents with good and SUITICiellt Surety for the faithful performance of such Contract and for the prompt payment of labor and material l'urnished in (lie prosecution thereof, or in tile event of the fiailure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee (lie difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount fior which the ,Obligee may in good faith contract with another party to perl'onn the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 6TH day of NOVEMBER 2018 A 4 2 Oshkosh Fire&Police Equipment,175 Indian Point Rd.,Oshkosh,W1,54901 Witness Principal (Sea[) By: Narne/Title M"p 4" Old Republic Surety 9U( Surety X 4C Witt ess B t: An -at fact S. Kluessendo(f, Coirfornis with"The Anierican Institute of Architects,A.I.A. Documents 01ZSC 21328(5/97) OLD REPIJBIAC SURE"t"N" COMPANY POWER OF ATTORNEY KNOW ALL,MEN BY THESE PRESENTS: That OLD REPUBI,IC SLJRE`fY COMPANY,a Wisconsin stock insurance cot-potation,does make,constitute and appoint: PATRICK J MCCLONE,DIANE MCCLONE,LYNN M CLAUSEN,SAMUEL J MCCLONE,RYAN MCCLONE,JAMIE R.NICKEL,MALLORY A,SCOTT,BRIAN F MCCLONE,RHONDA S.KLUESSENDORF,LORRAINE J GROVEAU,DENISE A.LEONARD,ANN M.ALLEN,TROY MATTHEW CARLSON,ANN LINZMEYER,OF MENASHA,Wl its true and lawful Attorneys)-in-Fact,with full power and authority,not exceeding$50,000,000,for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof,(offiti than bait bonds,bank dc)ository bonds,llyollgagc deficievivy lwnds,numgage guaranty bonds,gwarantees ofinswfhnent mperandylote guawawy bonf,'is,self-inmaance workers, eomjwnsation�.)onds Ouarwitceoig payment ofbenefits,asbestosabat6nent contiad bonds,waste nianagement Mids,hazardous waste',remechation bonds or btack hmg I,)orrds), as follows: ALL,WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS($20,000,000)______----_____----------FOR ANY SINGLE OBLIGATION and to bind OLD REPUBIAC SURETY COMPANY thereby,and all ofthe acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed, This documeni is not valid unless pfinwdon cotoved background and as osaraltn caolaaac el. This appointment is made under and by atnhorit�of the boardof(firectors at special incetinglield oil February 18,1982. This Power of Attorney is signed and scaled by facsimile under and by the authority o'tire following resolutions adopted by the board ofthrectors of the OLD REPUBLIC SLIRFTY COMPANY oil February 18, 1982. RESOLVED that,the president,any vice-president,or assistant vice president,in conjunction with tire secretary or any assistant secretary,may appoint attorneys-in-l'act or agents with authority as defined or limited in the instrument evidencing tile appointment in each ease,for and on behalfrifthe company to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fitct or agent and revoke any Power of Attorney previously granted to such person, RESOLVED FLIWITIER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i)when signed by the president,any vice president or assistant vice president,and attested and scaled(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(ifa seal be required)by a duly authorized attorney-in-fact or agent„or (iii)when duly executed and seated(if a seal be required)by one or more attorneys-in-Inct or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons, RESOLVED FURTHER,that the signature of any authorized officer and the seat of the company maybe affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretystrip obligations of the company;and such signature and seal when so used shall have the same force and cfl'cct as though manually affixed. IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,avid its corporate seal to lie atfixed this 7111 day of SEPTEMBER,2O I§. 01,I)REPUBILIC SURETY COMPANY 0 WOO, V,pq S 11 A L STATE OF WISCONSIN,COUNTY OF WAUKESIIA-SS President On this 71,11 � SE PT 2016 Alan Pavlie day of personally entire before,tile................. ............. and Jane lerney I to tire known to be the individuals and officers of OL,D REPLJBI,IC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution ref the same,and being by tile duly sworn,did severally depose and say; that they are the said ol*t7lQQrs of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.aM �el Notary Public, My commission expires:, 9/28/2018 CERTIFICATE (Expiration of notary commission does not invalidate this Instrument) 1,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing land attached Power of Attorney remains in full force and has not been revoked;and furthennore,that the Resolutions of the board of(firectors set forth in the Power of Attorney,are now in force, 24-5018 dayof""' Signed and scaled at the City of Brookfield,W1 this we t" S f4l A L k,, I '�qxr MCCI.,ONF'AGENCY',INC,',AN ililli il,' I'!, !1 1 ON 2, ---•'� OSHFI-1 OP ID: RG ACORL�' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 164*•---^'' 1 09/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 920-233-4000 cPr TACT Brian McClone .. McClone-Oshkosh PHONE 920-233-4000 FAX 920 725-3233 505 North Westfield Street arc,No,Ext.. (AIc,No): Oshkosh,WI 54902-4105 E-MAIL Brian. ccm one mcc one com Brian McClone ADDRESS: — INSURER]SIAFFORDING COVERAGE NAIC# INSURER A,Society Insurance,A Mutual Co 15261 — _.- --------_ ----. --— _.. .... INSURED Oshkosh Fire&Police Equipmt INSURER B,ACUITY,A Mutual Insurance Co 14184 175 Indian Point Road __.. ___.._. ___...___ __________._...___._____.___ —.._....... Oshkosh,WI 54901 INSURERC Cincinnati Specialty UndrWrter 13037 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR —�—TYPE OF INSURANCE _ DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRC X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - r DAMAGE TO RENTED 100,000 -�CLAIMS-MADE l X..� OCCUR CS00014097 10/2212017 101221201$ :u re ce $ MED EXP(Any oneperson)„___-_ ,,.,., 5,000 . PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 21000 00 X POLICY - FJE 0 LOC PRODUCTS-_C,OMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 ------- .IFS.aS�ldecS)._._._.....___._._........,__._... $_._.,__.. _. X ANY AUTO L13$02 10/22/2017 10/22/2018 BODILY INJURY Per rson $ OWNED SCHEDULED AUTOS ONLY AUUpTOS BODILY INJURY Per accident $__--------- „-_--_ AUTOS ONLY AIJTOONp (1®parEcRdentAMAGE _ $ _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ —] DE RETENTION$ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN N WC 445407 01/01/2018 01/01/2019 _ 100,000 ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ ' pFFICER/MEMBER EXCLUDED? C.__..-_l NIA ,,. ---- --- (Mandatory in NFF) E.L.DISEASE-EA EMPLOYEE $ 100,000 If as,describe under 500,000 DESC IPTIO OF OPERATION ho(ow E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION OSHCIT1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF OSHKOSH ACCORDANCE WITH THE POLICY PROVISIONS. City Clerk 215 CHURCH AVENUE AUTHORIZED REPRESENTATIVE OSHKOSH,WI 54903-1130 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD