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HomeMy WebLinkAboutContractors Agreement Statz Restoration crnt231fil • Iffy y: o °° RECEIVED rir' csiikosh - MAY 15 2020 CONTRACTOR AGREEMENT CITY CLERK'S OFFICE EXTERIOR REHABILITATION PHASE 1-OSHKOSH PUBLIC MUSEUM CITY OF OSHKOSH Ili THIS AGREEMENT, made on. the 15rd day of APRIL, 2020, by and between the CITY OP OSHKOSH, party of the first part, hereinafter referred to as CITY, and STATZ RESTORATION, N57 W13580 REICHERT AVENUE, MENOMINEE FALLS, WI 53051, hereinafter referred to as the CONTRACTOR, WTTNESSETH: 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 U. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract (RICK STELPFLUG,PROJECT MANAGER) B. Changes in Project Manager. The City shall have the right to approve or disapprove of arty proposed change from the individual named above as Project Manager.The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.cl.oshkosh.wi.us 1 ARTICLE III, CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract (BRAD LARSON,OSHKOSH PUBLIC MUSEUM DIRECTOR) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled"EXTERIOR REHABILITATION PHASE 1- OSHKOSH PUBLIC MUSEUM"dated FEBRURARY 12,2020, 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 RESPONSTBLITIES 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 OP COMPLETION The work to be performed under this contract shall be completed by no later than AUGUST 1, 2020. 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$67,700.00 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. i 1 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 ARTICLE XI, NON-DISCRIMINATION The Operator agrees not to discriminate in its operations under this Agreement on the basis of race,color, creed, age, and gender, or as otherwise prohibited by law. A breach of this covenant may be regarded as a material breath of this Agreement. CONTRACTOR agrees in all hiring or employment made possible by or resulting from this agreement, there will not be any discrimination against any employee or applicant for employment because of race, color,religion,sex,sexual orientation,gender identity,or national origin. In the Presence of: CONTRACTOR/CONSULTANT ,,4117,k4Li r al of Contractor (Specify Title) if a Corporation.) CA.e.'74-L... By; Cc AA Ai,/ c (Specify Title) CITY OF OSHKOSH By: 4UVIL t. Rottains Mark A.Rohloff,City Manager • (Witness) 4uuli. lattaratA. An . (Witness) Pamela R.Ubrig„City Clerk 1/(--- APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ttorney 6/CY- ty Comptroller d! f4//diar4 EXTERIOR REHABILITATION-PHASE 1,OSHKOSH PUBLIC MUSEUM CITY OF OSHKOSH BID PROPOSAL FORM-REVISED Page 1 of 3 From: -S-1'4,-1 - `�o -t► v (bidder's company name) BID PROPOSAL DEADLINE: MARCH 10,2020 try 10:00 A.M. Date: 0 ' 2 OZ 0 Addenda: Receipt of Addenda numbered 1 of I 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 examined the drawings and specification for the Work and the Site of the proposed work and having determined 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 arnount(s); TOTAL BASE BID: $ 67 7 00 � opt._.--�---} (Base Bid Price-in Words) Bidders must include in their base bid and alternate bids the allowances listed in Section 01 21 00. Alternate 1: Removal of asphalt pavement and excavation of localized site for repair of masonry and foundation;repair stone,add draintile,and restore pavement. Alternate 2: Restore and repair exterior finished carpentry,including selective carpentry work and painting of all exterior wood. Alternate 3: Replacement of exterior door,frame,and trim,north facade. 26 EXTERIOR REHABILITATION-PHASE 1,QSHKOSH PUBLIC MUSEUM CITY OP OSHKOSH BID PROPOSAL FORM—REVISED Page 2 of 3 Add Alternate 1: $ 2. t, �` 2 p Add Alternate 2; $ CI ►d Add Alternate 3: $ N ti SCHEDULE OF UNIT COSTS The undersigned hereby submits the following unit prices for extras or additional work and for the deletion of work. Rough Carpentry Repairs; Replacing(demolition and Installation) deteriorated rough carpentry where required $ N /10 BP Wood Maintenance and Repair: Dutchman Repair $ h1'13 /Sp Painting: Finish $ P.i 3 /SP Brick Unit Replacement $ -3 S v-q it Mortar Joint Repainting J F $ Sealant Joint Replacement 1 C II..P $ 12 �� Stone Unit Replacement(Patch) $ 30 p"" /LP Stone Unit Repair c3 u� ISF $ 1 /SP 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. SIGNATURES Date: 5•I 0'JO Name of Company: S`Te4 r a Er e�1 Submitted by: (nameJtitle) CR, � 47'tr-41-t, {7 Email: r"lc.it C, S���T L,Pc�ski;r44"fi O'J•tJ S''L Address of Company: N S•x Lid j Ivyrtgin- A013hone: SC;'2 E I) - 6•i32b Nr64/0 rE6 Ls,/ s.3,,s 27 L EXTERIOR REHABILITATION-PHASE 7,OSHKOSH PUBLIC MUSEUM CITY OF OSHKOSH BID PROPOSAL FORM—REVISED Page 3 of 3 Company Representative that will be named Project Manager for this project,if awarded the bid: 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, 28 Bond Number: 5922712 THE AMERICAN INSTITUTE OF ARCHITECTS `•Jwn au AIA Document A312 Performance 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): Statz Restoration & Engineering Co., Inc. Old Republic Surety Company N57 W13580 Reichert Avenue 445 S. Moorland Road, Suite 200 Menomonee Falls,WI 53051 Brookfield, WI 53005 OWNER (Name and Address): City of Oshkosh 215 Church Street(P.O. Box 1130) Oshkosh, WI 54903 CONSTRUCTION CONTRACT Date: April 15, 2020 Amount: $67,700.00 (Sixty-Seven Thousand Seven Hundred and 00/100 Dollars) Description (Name and Location):Exterior Rehabilitation Phase 1 - Oshkosh Public Museum, City of Oshkosh BOND Date (Not earlier than Construction Contract Date): April 21, 2020 Amount: $67,700.00 (Sixty-Seven Thousand Seven Hundred and 00/100 Dollars) Modifications to this Bond: ❑X None ❑ See Page 3 CONTRACTOR AS PRINCIPAL v S�✓+ SURETY ,J� SUi Company: (Corporate Seal) Company: (Corpor. :e;al >>< % Statz Restoration & Engineering Co., Inc. Old Republic Sure Company = SEAL t = - tab, ,= ff Signature: Z Signature: 1.A „„�````�� Name and Title: 2��Lam' ,4 W; Name and Title: Terence R. Geszvain, ttorn=y"1{ I 'act Pr=o-y 15c-- MGtt / ,.'. F. (Any additional signatures appear on page 3) (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER: The Brehmer Agency, Inc. OWNER'S REPRESENTATIVE (Architect, Engineer or 12800 W. Silver Spring Drive other party): Butler,WI 53007 (262) 781-3714 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 1 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, 4.4 Waive its right to perform and complete, arrange bind themselves, their heirs, executors, administrators, for completion, or obtain a new contractor and with successors and assigns to the Owner for the performance reasonable promptness under the circumstances: of the Construction Contract, which is incorporated herein 1 After investigation, determine the amount for by reference. which it may be liable to the Owner and, as 2 If the Contractor performs the Construction Contract, soon as practicable after the amount is the Surety and the Contractor shall have no obligation determined, tender payment therefor to the under this Bond, except to participate in conferences as Owner;or provided in Subparagraph 3.1. .2 Deny liability in whole or in part and notify the 3 If there is no Owner Default, the Surety's obligation Owner citing reasons therefor. under this Bond shall arise after: 5 If the Surety does not proceed as provided in 3.1 The Owner has notified the Contractor and the Paragraph 4 with reasonable promptness, the Surety shall Surety at its address described in Paragraph 10 below be deemed to be in default on this Bond fifteen days after that the Owner is considering declaring a Contractor receipt of an additional written notice from the Owner to the Default and has requested and attempted to arrange a Surety demanding that the Surety perform its obligations conference with the Contractor and the Surety to be under this Bond, and the Owner shall be entitled to enforce held not later than fifteen days after receipt of such any remedy available to the Owner. If the surety proceeds notice to discuss methods of performing the as provided in Subparagraph 4.4, and the Owner refuses Construction Contract. If the Owner, the Contractor the payment tendered or the Surety has denied liability, in and the Surety agree, the Contractor shall be allowed a whole or in part, without further notice the Owner shall be reasonable time to perform the Construction Contract, entitled to enforce any remedy available to the Owner. but such an agreement shall not waive the Owner's 6 After the Owner has terminated the Contractor's right to right, if any, subsequently to declare a Contractor complete the Construction Contract, and if the Surety Default;and elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 3.2 The Owner has declared a Contractor Default and then the responsibilities of the Surety to the Owner shall formally terminated the Contractor's right to complete not be greater than those of the Contractor under the the contract. Such Contractor Default shall not be Construction Contract, and the responsibilities of the declared earlier than twenty days after the Contractor Owner to the Surety shall not be greater than those of the and the Surety have received notice as provided in Owner under the Construction Contract. To the limit of the Subparagraph 3.1;and amount of this Bond, but subject to commitment by the 3.3 The Owner has agreed to pay the Balance of the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Contract Price to the Surety in accordance with the Surety is obligated without duplication for: terms of the Construction Contract or to a contractor selected to perform the Construction Contract in 6.1 The responsibilities of the Contractor for accordance with the terms of the contract with the correction of defective work and completion of the Owner. Construction Contract; 4 When the Owner has satisfied the conditions of 6.2 Additional legal, design professional and delay Paragraph 3, the Surety shall promptly and at the Surety's costs resulting from the Contractor's Default, and expense take one of the following actions: resulting from the actions or failure to act of the Surety under Paragraph 4;and 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction 6.3 Liquidated damages, or if not liquidated damages Contract;or are specified in the Construction Contract, actual Undertake to perform and complete the damages caused by delayed performance or non- 4.2performance of the Contractor. Construction Contract itself, through its agents or through independent contractors;or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the 4.3 Obtain bids or negotiated proposals from qualified Construction Contract, and the Balance of the Contract contractors acceptable to the Owner for a contract for Price shall not be reduced or set off on account of any performance and completion of the Construction such unrelated obligations. No right of action shall accrue Contract, arrange for a contract to be prepared for on this Bond to any person or entity other than the Owner execution by the Owner and the contractor selected or its heirs,executors, administrators or successors. with the Owner's concurrence, to be secured with performance and payment bonds executed by a 8 The Surety hereby waives notice of any change, qualified surety equivalent to the bonds issued on the including changes of time, to the Construction Contract or Construction Contract, and pay to the Owner the to related subcontracts, purchase orders and other amount of damages as described in Paragraph 6 in obligations. excess of the Balance of the Contract Price incurred by 9 Any proceeding, legal or equitable, under this Bond the Owner resulting from the Contractor's default;or may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 2 THIRD PRINTING•MARCH 1987 and shall be instituted within two years after Contractor have been made, including allowance to the Default or autwithin two years after the Contractor ceased Contractor of any amounts received or to be received working or within two years after the Surety refuses or fails by the Owner in settlement of insurance or other to perform its obligations under this Bond, whichever claims for damages to which the Contractor is entitled, occurs first. If the provisions of this Paragraph are void or reduced by all valid and proper payments made to or prohibited by law, the minimum period of limitation on behalf of the Contractor under the Construction available to sureties as a defense in the jurisdiction of the Contract. suit shall be applicable. 12.2 Construction Contract: The agreement betwen 10 Notice to the Surety, the Owner or the Contractor shall the Owner and the Contractor identified on the be mailed or delivered to the address shown on the signature page, including all Contract Documents and signature page. changes thereto. 11 When this Bond has been furnished to comply with a 12.3 Contractor Default: Failure of the Contractor, statutory or other legal requirement in the location where which has neither been remedied nor waived, to the construction was to be performed, any provision in this perform or otherwise to comply with the terms of the Bond conflicting with said statutory or legal requirement Construction Contract. shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement 12.4 Owner Default: Failure of the Owner, which has shall be deemed incorporated herein. The intent is that neither been remedied nor waived, to pay the this Bond shall be construed as a statutory bond and not Contractor as required by the Construction Contract or as a common law bond. to perform and complete or comply with the other terms thereof. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 3 THIRD PRINTING•MARCH 1987 • Bond Number: 5922712 THE AMERICAN INSTITUTE OF ARCHITECTS 1w aw 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): Statz Restoration & Engineering Co., Inc. Old Republic Surety Company N57 W13580 Reichert Avenue 445 S. Moorland Road, Suite 200 Menomonee Falls, WI 53051 Brookfield, WI 53005 OWNER (Name and Address): City of Oshkosh 215 Church Street(P.O. Box 1130) Oshkosh, WI 54903 CONSTRUCTION CONTRACT Date: April 15,2020 Amount:$67,700.00 (Sixty-Seven Thousand Seven Hundred and 00/100 Dollars) Description (Name and Location):Exterior Rehabilitation Phase 1 -Oshkosh Public Museum, City of Oshkosh BOND Date (Not earlier than Construction Contract Date): April 21, 2020 Amount: $67,700.00 (Sixty-Seven Thousand Seven Hundred and 00/100 Dollars) Modifications to this Bond: ® None ❑ See Page 6 „unu1imwnn CONTRACTOR AS PRINCIPAL N✓ 7 SURETY ` 'NG suge.ii, i Company: (Corporate Seal) Company: (Corpak ReM) i % Statz Restoration & Engineering Co., Inc. Old Republic Surety Company 'a SEAL 8 s= 1961 Signature: 72-1.4.-- Signature: Name and Title: k'.,.;�w.ARr ( . Sr�i..,,'rL,,<v Name and Title: Terence R. Gesz in, ttorrig59'I1% act (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name, Address and Telephone AGENT or BROKER: The Brehmer Agency, Inc. OWNER'S REPRESENTATIVE (Architect, Engineer 12800 W. Silver Spring Drive or other party): Butler,WI 53007 (262) 781-3714 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® 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, 5 If a notice required by Paragraph 4 is given by the bind themselves, their heirs, executors, administrators, Owner to the Contractor or to the Surety, that is sufficient successors and assigns to the Owner to pay for labor, compliance. materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of performance of the Construction Contract, which is Paragraph 4, the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the following actions: 2 With respect to the Owner, this obligation shall be null 6.1 Send an answer to the Claimant,with a copy to the and void if the Contractor: Owner, within 45 days after receipt of the claim, stating 2.1 Promptly makes payment, directly or indirectly,for the amounts that are undisputed and the basis for all sums due Claimants,and challenging any amounts that are disputed. 2.2 Defends, indemnifies and holds harmless the 6.2 Pay or arrange for payment of any undisputed Owner from claims, demands, liens or suits by any amounts. person or entity whose claim,demand, lien or suit is for 7 The Surety's total obligation shall not exceed the the payment for labor, materials or equipment furnished amount of this Bond, and the amount of this Bond shall be for use in the performance of the Construction Contract, credited for any payments made in good faith by the provided the Owner has promptly notified the Surety. Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits 8 Amounts owed by the Owner to the Contractor under the and tendered defense of such claims, demands, liens Construction Contract shall be used for the performance of or suits to the Contractor and the Surety, and provided the Construction Contract and to satisfy claims, if any, under there is no Owner Default. any Construction Performance Bond. By the Contractor 3 With respect to Claimants, this obligation shall be null furnishing and the Owner accepting this Bond, they agree and if the Contractor promptlyhis makes p be l that all funds earned by the Contractor in the performance of directly void indirectly,ffor all sums due. the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this 4. The Surety shall have no obligation to Claimants under Bond, subject to the Owner's priority to use the funds for the this Bond until: completion of the work. 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants or contract with the Contractor have given notice to the others for obligations of the Contractor that are unrelated to Surety (at the address described in Paragraph 12) and the Construction Contract. The Owner shall not be liable for sent a copy, or notice thereof,to the Owner,stating that payment of any costs or expenses of any Claimant under a claim is being made under this Bond and, with this Bond, and shall have under this Bond no obligations to substantial accuracy,the amount of the claim. make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 4.2 Claimants who do not have a direct contract with the Contractor: 10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to .1 Have furnished written notice to the Contractor related subcontracts,purchase orders and other obligations. and sent a copy, or notice thereof, to the Owner, within 90 days after having last 11 No suit or action shall be commenced by a Claimant performed labor or last furnished materials or under this Bond other than in a court of competent equipment included in the claim stating, with jurisdiction in the location in which the work or part of the substantial accuracy, the amount of the claim work is located or after the expiration of one year from the and the name of the party to whom the date (1) on which the Claimant gave the notice required by materials were furnished or supplied or for Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last whom the labor was done or performed;and labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the .2 Have either received a rejection in whole or in Construction Contract,whichever of (1) or(2) first occurs. If part from the Contractor, or not received within the provisions of this Paragraph are void or prohibited by 30 days of furnishing the above notice any law,the minimum period of limitation available to sureties as communication from the Contractor by which a defense in the jurisdiction of the suit shall be applicable. the Contractor has indicated the claim will be paid directly or indirectly;and 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the .3 Not having been paid within the above 30 signature page. Actual receipt of notice by Surety, the days, have sent a written notice to the Surety Owner or the Contractor, however accomplished, shall be (at the address described in Paragraph 12) sufficient compliance as of the date received at the address and sent a copy, or notice thereof, to the shown on the signature page. Owner, stating that a claim is being made under this Bond and enclosing a copy of the 13 When this Bond has been furnished to comply with a previous written notice furnished to the statutory or other legal requirement in the location where the Contractor. construction was to be performed, any provision in this Bond AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 5 THIRD PRINTING•MARCH 1987 conflicting with said statutory or legal requirement shall be service or rental equipment used in the Construction deemed deleted herefrom and provisions conforming to Contract, architectural and engineering services such statutory or other legal requirement shall be deemed required for performance of the work of the Contractor incorporated herein. The intent is that this Bond shall be and the Contractor's subcontractors, and all other construed as a statutory bond and not as a common law items for which a mechanic's lien may be asserted in bond. the jurisdiction where the labor, materials or equipment were furnished. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall 15.2 Construction Contract: The agreement promptly furnish a copy of this Bond or shall permit a copy between the Owner and the Contractor identified on to be made. the signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.3 Owner Default: Failure of the Owner,which has 15.1 Claimant: An individual or entity having a direct neither been remedied nor waived, to pay the contract with the Contractor or with a subcontractor of Contractor as required by the Construction Contract or the Contractor to furnish labor, materials or equipment to perform and complete or comply with the other for use in the performance of the Contract. The intent terms thereof. of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 6 THIRD PRINTING•MARCH 1987 * OLD REPUBLIC SURETY COMPANY ***** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: Randy L. Brehmer, Cynthia J. Brehmer,Terence R.Geszvain, Jason A. Braatz, Melissa Babiak Chris Brehmer.Linda A.Pupp of Butler.WI its true and lawful Attorney(s)-in-Fact, with full power and authority 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, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds,hazardous waste remediation bonds or black lung bonds),as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby. and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the 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 any 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 of the 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-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 president.any 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(if a 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 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 seal of the company may be affixed by facsimile to any Power of Attorney 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, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 5th day of December 2019 OLD REPUBLIC SURETY COMPANY . SEAL Ass, .ant Secrets President STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this 5th day of December 2019 .personally came before me, Alan Pavlic and Karen J Haffner ,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 of the same, and being by me duly sworn, did severally depose and say:that they are the said officers 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. 0114410t, • Bathatitoia ,•.. .. -• Notary Public My Commission Expires: September 28, 2022 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation. CERTIFY that the foregoing and attached Power of 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 force. w4.coP R, 21 st April 2020 24 4544 o Signed and sealed at the City of Brookfield,WI this day of • ,o SEAL .;_ ` < ��Secrete ORSC 22262(3-06) �* ' Bond Number: 5922712 THE AMERICAN INSTITUTE OF ARCHITECTS k.41v:4m AIA Document A312 Performance 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): Statz Restoration & Engineering Co., Inc. Old Republic Surety Company N57 W13580 Reichert Avenue 445 S. Moorland Road, Suite 200 Menomonee Falls, WI 53051 Brookfield, WI 53005 OWNER (Name and Address): City of Oshkosh 215 Church Street (P.O. Box 1130) Oshkosh, WI 54903 CONSTRUCTION CONTRACT Date: April 15, 2020 Amount: $67,700.00 (Sixty-Seven Thousand Seven Hundred and 00/100 Dollars) Description (Name and Location):Exterior Rehabilitation Phase 1 - Oshkosh Public Museum, City of Oshkosh BOND Date (Not earlier than Construction Contract Date): April 21, 2020 Amount: $67,700.00 (Sixty-Seven Thousand Seven Hundred and 00/100 Dollars) Modifications to this Bond: ❑X None ❑ See Page 3 CONTRACTOR AS PRINCIPAL f.:AL SURETY �jO� SURF/ Company: (Corporate Seal) Company: (Corporate• :S 4 Statz Restoration & Engineering Co., Inc. Old Republic Sure Company €o c """"_ O test ``v Signature: ✓i;` • _, .:.> Signature: Lkai c. '/-- �� �.• Name and Title: ' ,�.�.,�.r r � 1), f, Name and Title: Terence R. Geszvain, ttorn: -II' act (Any additional signatures appear on,page 3) L':44.4,�� (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER: The Brehmer Agency, Inc. OWNER'S REPRESENTATIVE (Architect, Engineer or 12800 W. Silver Spring Drive other party): Butler, WI 53007 (262) 781-3714 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 1 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, 4.4 Waive its right to perform and complete, arrange bind themselves, their heirs, executors, administrators, for completion, or obtain a new contractor and with successors and assigns to the Owner for the performance reasonable promptness under the circumstances: of the Construction Contract, which is incorporated herein .1 Afterinvestigation, determine the amount for by reference. g which it may be liable to the Owner and, as 2 If the Contractor performs the Construction Contract, soon as practicable after the amount is the Surety and the Contractor shall have no obligation determined, tender payment therefor to the under this Bond, except to participate in conferences as Owner;or provided in Subparagraph 3.1. .2 Deny liability in whole or in part and notify the 3 If there is no Owner Default, the Surety's obligation Owner citing reasons therefor. under this Bond shall arise after: 5 If the Surety does not proceed as provided in 3.1 The Owner has notified the Contractor and the Paragraph 4 with reasonable promptness, the Surety shall Surety at its address described in Paragraph 10 below be deemed to be in default on this Bond fifteen days after that the Owner is considering declaring a Contractor receipt of an additional written notice from the Owner to the Default and has requested and attempted to arrange a Surety demanding that the Surety perform its obligations conference with the Contractor and the Surety to be under this Bond, and the Owner shall be entitled to enforce held not later than fifteen days after receipt of such any remedy available to the Owner. If the surety proceeds notice to discuss methods of performing the as provided in Subparagraph 4.4, and the Owner refuses Construction Contract. If the Owner, the Contractor the payment tendered or the Surety has denied liability, in and the Surety agree, the Contractor shall be allowed a whole or in part, without further notice the Owner shall be reasonable time to perform the Construction Contract, entitled to enforce any remedy available to the Owner. but such an agreement shall not waive the Owner's 6 After the Owner has terminated the Contractor's right to right, if any, subsequently to declare a Contractor Default;and complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 3.2 The Owner has declared a Contractor Default and then the responsibilities of the Surety to the Owner shall formally terminated the Contractor's right to complete not be greater than those of the Contractor under the the contract. Such Contractor Default shall not be Construction Contract, and the responsibilities of the declared earlier than twenty days after the Contractor Owner to the Surety shall not be greater than those of the and the Surety have received notice as provided in Owner under the Construction Contract. To the limit of the Subparagraph 3.1;and amount of this Bond, but subject to commitment by the 3.3 The Owner has agreed to pay the Balance of the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Contract Price to the Surety in accordance with the Surety is obligated without duplication for: terms of the Construction Contract or to a contractor selected to perform the Construction Contract in 6.1 The responsibilities of the Contractor for accordance with the terms of the contract with the correction of defective work and completion of the Owner. Construction Contract; 4 When the Owner has satisfied the conditions of 6.2 Additional legal, design professional and delay Paragraph 3, the Surety shall promptly and at the Surety's costs resulting from the Contractor's Default, and expense take one of the following actions: resulting from the actions or failure to act of the Surety 4.1 Arrange for the Contractor, with consent of the under Paragraph 4;and Owner, to perform and complete the Construction 6.3 Liquidated damages, or if not liquidated damages Contract;or are specified in the Construction Contract, actual 4.2 Undertake to perform and complete the damages caused by delayed performance or non- performance of the Contractor. Construction Contract itself, through its agents or through independent contractors;or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the 4.3 Obtain bids or negotiated proposals from qualified Construction Contract, and the Balance of the Contract contractors acceptable to the Owner for a contract for Price shall not be reduced or set off on account of any performance and completion of the Construction such unrelated obligations. No right of action shall accrue Contract, arrange for a contract to be prepared for on this Bond to any person or entity other than the Owner execution by the Owner and the contractor selected or its heirs,executors,administrators or successors. with the Owner's concurrence, to be secured with performance and payment bonds executed by a 8 The Surety hereby waives notice of any change, qualified surety equivalent to the bonds issued on the including changes of time, to the Construction Contract or Construction Contract, and pay to the Owner the to related subcontracts, purchase orders and other amount of damages as described in Paragraph 6 in obligations. excess of the Balance of the Contract Price incurred by 9 Any proceeding, legal or equitable, under this Bond the Owner resulting from the Contractor's default;or may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 2 THIRD PRINTING•MARCH 1987 and shall be instituted within two years after Contractor have been made, including allowance to the Default or within two years after the Contractor ceased Contractor of any amounts received or to be received working or within two years after the Surety refuses or fails by the Owner in settlement of insurance or other to perform its obligations under this Bond, whichever claims for damages to which the Contractor is entitled, occurs first. If the provisions of this Paragraph are void or reduced by all valid and proper payments made to or prohibited by law, the minimum period of limitation on behalf of the Contractor under the Construction available to sureties as a defense in the jurisdiction of the Contract. suit shall be applicable. 12.2 Construction Contract: The agreement betwen 10 Notice to the Surety, the Owner or the Contractor shall the Owner and the Contractor identified on the be mailed or delivered to the address shown on the signature page, including all Contract Documents and signature page. changes thereto. 11 When this Bond has been furnished to comply with a 12.3 Contractor Default: Failure of the Contractor, statutory or other legal requirement in the location where which has neither been remedied nor waived, to the construction was to be performed, any provision in this perform or otherwise to comply with the terms of the Bond conflicting with said statutory or legal requirement Construction Contract. shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement 12.4 Owner Default: Failure of the Owner, which has shall be deemed incorporated herein. The intent is that neither been remedied nor waived, to pay the this Bond shall be construed as a statutory bond and not Contractor as required by the Construction Contract or as a common law bond. to perform and complete or comply with the other terms thereof. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: MA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 3 THIRD PRINTING•MARCH 1987 Bond Number: 5922712 THE AMERICAN INSTITUTE OF ARCHITECTS w�• *Iv 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): Statz Restoration & Engineering Co., Inc. Old Republic Surety Company N57 W13580 Reichert Avenue 445 S. Moorland Road, Suite 200 Menomonee Falls,WI 53051 Brookfield, WI 53005 OWNER (Name and Address): City of Oshkosh 215 Church Street(P.O. Box 1130) Oshkosh, WI 54903 CONSTRUCTION CONTRACT Date: April 15, 2020 Amount:$67,700.00 (Sixty-Seven Thousand Seven Hundred and 00/100 Dollars) Description (Name and Location):Exterior Rehabilitation Phase 1 -Oshkosh Public Museum, City of Oshkosh BOND Date (Not earlier than Construction Contract Date): April 21, 2020 Amount: $67,700.00 (Sixty-Seven Thousand Seven Hundred and 00/100 Dollars) Modifications to this Bond: © None ❑ See Page 6 CONTRACTOR AS PRINCIPAL +- SURETY ;„se,`" % Company: (Corporate Seal) Company: (Corp' 3ieet4rF o Statz Restoration & Engineering Co., Inc. Old Republic Surety Company =9 SEAL fr ,„„, Signature: ;Gw'j r. , -=�.._....._ Signature: / � ;era '% r��� Name and Title: 4, Name and Title: Terence R. Gesz iihttorn'83/11144-act (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name, Address and Telephone AGENT or BROKER: The Brehmer Agency, Inc. OWNER'S REPRESENTATIVE(Architect, Engineer 12800 W. Silver Spring Drive or other party): Butler, WI 53007 (262) 781-3714 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA 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, 5 If a notice required by Paragraph 4 is given by the bind themselves, their heirs, executors, administrators, Owner to the Contractor or to the Surety, that is sufficient successors and assigns to the Owner to pay for labor, compliance. materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of performance of the Construction Contract, which is Paragraph 4, the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the following actions: 2 With respect to the Owner, this obligation shall be null 6.1 Send an answer to the Claimant,with a copy to the and void if the Contractor: Owner, within 45 days after receipt of the claim, stating 2.1 Promptly makes payment, directly or indirectly,for the amounts that are undisputed and the basis for all sums due Claimants,and challenging any amounts that are disputed. 2.2 Defends, indemnifies and holds harmless the 6.2 Pay or arrange for payment of any undisputed Owner from claims, demands, liens or suits by any amounts. person or entity whose claim, demand, lien or suit is for 7 The Surety's total obligation shall not exceed the the payment for labor, materials or equipment furnished amount of this Bond, and the amount of this Bond shall be for use in the performance of the Construction Contract, credited for any payments made in good faith by the provided the Owner has promptly notified the Surety. Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits 8 Amounts owed by the Owner to the Contractor under the and tendered defense of such claims, demands, liens Construction Contract shall be used for the performance of or suits to the Contractor and the Surety, and provided the Construction Contract and to satisfy claims, if any, under there is no Owner Default. any Construction Performance Bond. By the Contractor 3 With respect to Claimants, this obligation shall be null furnishing and the Owner accepting this Bond, they agree and void if the Contractor makes that all funds earned by the Contractor in the performance of promptly ypayment, the Construction Contract are dedicated to satisfy directly or indirectly,for all sums due. obligations of the Contractor and the Surety under this 4. The Surety shall have no obligation to Claimants under Bond,subject to the Owner's priority to use the funds for the this Bond until: completion of the work. 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants or contract with the Contractor have given notice to the others for obligations of the Contractor that are unrelated to Surety (at the address described in Paragraph 12) and the Construction Contract. The Owner shall not be liable for sent a copy,or notice thereof,to the Owner,stating that payment of any costs or expenses of any Claimant under a claim is being made under this Bond and, with this Bond, and shall have under this Bond no obligations to substantial accuracy,the amount of the claim. make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 4.2 Claimants who do not have a direct contract with the Contractor: 10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to .1 Have furnished written notice to the Contractor related subcontracts,purchase orders and other obligations. and sent a copy, or notice thereof, to the Owner, within 90 days after having last 11 No suit or action shall be commenced by a Claimant performed labor or last furnished materials or under this Bond other than in a court of competent equipment included in the claim stating, with jurisdiction in the location in which the work or part of the substantial accuracy, the amount of the claim work is located or after the expiration of one year from the and the name of the party to whom the date (1) on which the Claimant gave the notice required by materials were furnished or supplied or for Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last whom the labor was done or performed;and labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the .2 Have either received a rejection in whole or in Construction Contract, whichever of (1) or(2) first occurs. If part from the Contractor, or not received within the provisions of this Paragraph are void or prohibited by 30 days of furnishing the above notice any law, the minimum period of limitation available to sureties as communication from the Contractor by which a defense in the jurisdiction of the suit shall be applicable. the Contractor has indicated the claim will be paid directly or indirectly;and 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the .3 Not having been paid within the above 30 signature page. Actual receipt of notice by Surety, the days, have sent a written notice to the Surety Owner or the Contractor, however accomplished, shall be (at the address described in Paragraph 12) sufficient compliance as of the date received at the address and sent a copy, or notice thereof, to the shown on the signature page. Owner, stating that a claim is being made under this Bond and enclosing a copy of the 13 When this Bond has been furnished to comply with a previous written notice furnished to the statutory or other legal requirement in the location where the Contractor. construction was to be performed, any provision in this Bond AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 5 THIRD PRINTING•MARCH 1987 conflicting with said statutory or legal requirement shall be service or rental equipment used in the Construction deemed deleted herefrom and provisions conforming to Contract, architectural and engineering services such statutory or other legal requirement shall be deemed required for performance of the work of the Contractor incorporated herein. The intent is that this Bond shall be and the Contractor's subcontractors, and all other construed as a statutory bond and not as a common law items for which a mechanic's lien may be asserted in bond. the jurisdiction where the labor, materials or equipment were furnished. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall 15.2 Construction Contract: The agreement promptly furnish a copy of this Bond or shall permit a copy between the Owner and the Contractor identified on to be made- the signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.3 Owner Default: Failure of the Owner,which has 15.1 Claimant: An individual or entity having a direct neither been remedied nor waived, to pay the contract with the Contractor or with a subcontractor of Contractor as required by the Construction Contract or the Contractor to furnish labor, materials or equipment to perform and complete or comply with the other for use in the performance of the Contract. The intent terms thereof. of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIR THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 6 THIRD PRINTING•MARCH 1987 it r **** * *. * OLD REPUBLIC SURETY COMPANY ***** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: Randy L. Brehmer, Cynthia J. Brehmer,Terence R. Geszvain,Jason A. Braatz, Melissa Babiak Chris Brehmer.Linda A.Pupp of Butler,WI its true and lawful Attorney(s)-in-Fact, with full power and authority 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, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds,hazardous waste remediation bonds or black lung bonds),as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed, This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the 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 any 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 of the 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-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 president.any 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(if a 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 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 seal of the company may be affixed by facsimile to any Power of Attorney 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, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer.and its corporate seal to be affixed this 5th day of December 2019 OLD REPUBLIC SURETY COMPANY o ry:'coew•�r� i • SEAL Ass. ,ant Secreta President STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this 5th day of December 2019 personally came before me, Alan Pavlic and Karen J Haffner ,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 of the same, and being by me duly sworn, did severally depose and say:that they are the said officers 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. a- &thO!� �tir Notary Public. My Commission Expires: September 28, 2022 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation. CERTIFY that the foregoing and attached Power of 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 force. 4QO�•��•a. 21st April 2020 Signed and sealed at the Cityof Brookfield,WI this dayof SEAL :>= g 244544 0. z. ORSC 22262(3-06) '" Assis. .it Secrets • Bond No. BID BOND The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we Statz Restoration & Engineering Co., Inc. N57 W13580 Reichert Avenue Menomonee Falls, WI 53051 as Principal hereinafter called the Principal,and Old Republic Surety Company a corporation duly organized under the laws of the state of Wisconsin as Surety, hereinafter called the Surety, are held and firmly bound unto City of Oshkosh 215 Church Street (P.O. Box 1130) Oshkosh, WI 54903 as Obligee,hereinafter called the Obligee,in the sum of Five Percent (5%) of Principal's Bid Dollars ($ }, for the payment of which sum 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, filunly by these presents. WHEREAS,the Principal has submitted a bid for Exterior Rehabilitation Oshkosh Public Museum Phase 1 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 Contract 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 obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 6th day of March , 2020 Statz Restoration & Engineering Co., Inc. NO Principal (Seal) Witness By: is - -� Par.) ;, Mr:3s.._._ Name/Title l y Old Republic Surety Company =W °�°�• y SEAL � Sur'ty jaierinCk-) Witness 4(.7 By: l� 1e nanunm.a Terence R. :in, Attorney-in-Fact ORSC 21328(5/97) ** ** * * * OLD REPUBLIC SURETY COMPANY * ** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: RANDY L.BREHMER,CYNTHIA J BREHMER,LAWRENCE A MICHAEL,TERENCE R.GESZVAIN,JASON A.BRAATZ,MELISSA BABIAK,CHRIS BREHMER, LINDA PUPP,OF BUTLER,WI its true and lawful Attomey(s)-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,(other than bail bonds,bank depository bonds,mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management bonds,hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED FIFTEEN MILLION DOLLARS($15,000,000) FOR ANY SINGLE OBILGATION and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This document is not valid unless printed on colored background and is multi-colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the 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 any 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 of the 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-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 president,any 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(if a 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 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 seal of the company may be affixed by facsimile to any Power of Attorney 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,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to he affixed this 6TH day of MARCH,2018. µ,,,,,me OLD REPUBLIC SURETY COMPANY :' SEAL , As;rstant sec y(:::;24'''''-- =.: , pm ,, `,.. 1„ ,/e si , STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS 4.4 ...,*°°' President On this 6TH day of MARCH,2018 ,personally came before me, Alan Pavlic and Jane E Cherney ,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 of the same,and being by me duly sworn,did severally depose and say; that they are the said officers 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. i •Yf 4p1Agys` Ill lll��� • fillt•S491(-' „"••-• ° Notary Public . ..•f.�,,,,..fr My commission expires: 9/28/2018 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power of 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 force. 24-4544 ,e",e sub;F. Signed and sealed at the City of Brookfield,WI this�Q day ofi\r( , _4a. of ///j ( SEAL '` Ass*rsnt THE BREHMER AGENCY,INC THIS DOCUMEMT HAS A COLORED BACKGROUND AND IS MULTI-COLORED ON THE I=ACE. THE COMPANY LOGO APPEARS ON THE BACK OF THIS DOCUMENT AS Al WATERMARK. IF THESE FEATURES ARE ABSENT. THIS DOCUMENT IS VOID. 22: i a:' s . . •