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HomeMy WebLinkAboutBoiler Replacement/ Museum - August Winter & SonsDocusign Envelope ID: OE8744B6-13F7-4B4B-B581-614D3E8BB409 CONTRACTOR AGREEMENT: BOILER REPLACEMENT- OSHKOSH PUBLIC MUSEUM THIS AGREEMENT, made on the 15TH day of AUGUST, 2024, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and AUGUST WINTER & SONS, INC., 2323 N. ROEMER ROAD, APPLETON, WI 54911, 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 Ore as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: A. This Instrument B. Proposal Solicitation C. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Alec Sternhagen, Project Manager) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us Docusign Envelope ID: OE8744B6-13F7-4B4B-B581-614D3E8BB409 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. COPY ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Mike Blank, Facilities Project Coordinator) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled "BOILER REPLACEMENT- OSHKOSH PUBLIC MUSEUM" dated June 28, 2024, 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 OF COMPLETION The Contractor shall complete the project by November 22, 2024. Any changes to the 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 $85,282.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Fee schedules shall be firm for the duration of this Agreement. i. 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. ii. , 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. Docusign Envelope ID: OE8744B6-13F7-4B4B-B581-614D3E8BB409 ARTICLE VIII. STANDARD PROVISIONS C P The CONTRACTOR agrees in all hiring or employment made possible by or-es�tOY Trom s agreement, there will not be any discrimination against any employee or applicant tor employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE IX. 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 adjudged 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 X. 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 M. TERMINATION C. 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. D. 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. Siunatures. By placing their signatures below, each individual affirms that the entity they represent is authorized to enter into this Agreement, and further affirm that they are authorized by the entity they are representing to bind their respective parties to the terms and conditions of this Agreement. Docusign Envelope ID: OE8744B6-13F7-4B4B-B581-614D3E8BB409 Signed by: ,ll� City Attorney AUGUST WINTER & SONS, INC. Signed by: [r�S w COPY By: 80AD60D5552949F... Travis Glennon CITY OF OSHKOSH DocuSlgned by: By: Mark A. Rohloff, City Manager Signed by: '^ si And: Diane Bartlett, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. Signed �j/bey: /�I City Comptroller Docusign Envelope ID: OE8744B6-13F7-4B4B-B581-614D3E8BB409 l � CITY OF OSHKOSH INVITATION FOR BID BID PROPOSAL FORM Boiler Replacement- Oshkosh Public Museum Page 1 of 2 COPY From: August Winter & Sons, Inc_ (Bidder's Company Name) BID PROPOSAL DEADLINE: THURDAY, AUGUST 1, 2024 ®11:00 A.M. Bid bond must accompany bid submittal, unless indicated otherwise. Date: 8/1 /2024 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 bid 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 amount(s): TOTAL BASE BID: $ 85.282 Eighty-five thousand two hundred eighty-two Dollars (Base Bid Price — in Words) WARRANTY DETAILS: 1-year August Winter labor warranty, 10-year thermal shock arrafi ,(labor not included after one yam). Pumps - 1_year parts and labor 19 Docusign Envelope ID: OE8744B6-13F7-4B4B-B581-614D3E8BB409 CITY OF OSHKOSH INVITATION FOR BID BID PROPOSAL FORM Boiler Replacement- Oshkosh Public Museum Page 2 of 2 That I have examined and carefully prepared this Proposal from the Bid 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: 8/1/24 Name.of Company: August Winter & Sons. Inc. Submitted by: (name/title) A=P , -- Email: tafennonQa�it gl istwinter.com Asst Secretary Address of Company: 2323 N Roemer Rd Phone: A20-739-8881 Appleton, WI 54911 Company Representative that will be named Project Manager for this project, if awarded the bid: Alec Sternhagen Project Manager Name Title Company Representative authorized to sign contracts electronically via DocuSign: Name: Travis Glennon Email: talennon0auclustwinter.com T Contract Number Boiler Replacement- Bond Number Bid Bond Oshkosh Public Museum Date Bond Executed (Date of Contract or Later) August 1, 2024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) August Winter & Sons, Inc. 2323 N. Roemer Road, PO Box 1896 Appleton, WI 54911 SURETY(IES) (Legal Name(s) and Business Address(es)) Ohio Farmers Insurance Company P.O. Box 5001 Westfield Center, OH 44251 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation WI Penal Sum of Bond Five Percent of Amount Bid (5%) The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this Contractor within the time specified in the bid documents or within such time period as may be agreed upon between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business days of written notice to the Contractor and Surety of Owner's intent to make a claim upon this Bond. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. If the Contractor either enters into a contract with Owner in accordance with the terms of the bid and gives such bond(s) that may be specified in the bidding documents for the faithful performance of the Contract and for the prompt payment of labor, materials and supplies furnished for the purpose thereof; or pays to the Owner the difference between the amount specified in the bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered in such bid, then the Surety and the Contractor shall have no obligation under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. August Winter & Sons, Inc. Name of Principal/Contractor Title �v f 6 (�e n ron, Ohio Farmers Insurance Company Name of Surety... ,.'sr 6NI�tTfRfp � � 1848 Title Haley ug, Atto y-in- ac Surety Acknowledgment State of Minnesota } ss. County of Hennepin On this 1st day of Augus 2024, before me personally came Haley Pflug, to me known, who being by me duly sworn, did depose and say that she is the Attorney -in -Fact of Ohio Farmers Insurance Company described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name to it by like order. Notary Public Mt�y F My co t o/' ,yF ✓anU os�� q�TF9 8res / THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 01/18/23, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 2263612 02 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a .'Company., and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint BRIAN D. CARPENTER, NICOLE LANGER, CRAIG OLMSTEAD, JESSICA HOFF, MICHELLE HALTER, HEATHER R. GOEDTEL, KELLY NICOLE ENGHAUSER, BLAKE S. BOHLIG, LAURIE PFLUG, HALEY PFLUG, JOINTLY OR SEVERALLY of BLOOMINGTON and State of MN1ts true and lawful Attorney(s)-in- Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE VITA tif, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000), In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 18th day of JANUARY A.D., 2023 . Corporate 0 Wd.06"o, N...�...S1ry• WESTFIELD COMPANY Seals i..F WESTFIELD NATIONAL INSURANCE COMPANY Affixed } r �0 % °q: OHIO FARMERS INSURANCE COMPANY 4 F ' a��Il'31.+1 ' SEAL ``Z='�: CIIAATERfp 3 `'0 ` State of Ohio ^ ,,, *,,,,,•\\\q"j ByGary Wftumper, Nationurety Leader and County of Medina ss.:Senior Executive On this 18th day of JANUARY A.D., 2023 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial a0"IA"14"004, Seal a`` FL1 A 1, '''��Off Affixed A.. $AMP, 14t;o_ z State of Ohio z 0 11111111101 o David A. Kotnik, Attorney at Law, Notary Public M Commission Does Not Expire Sec. 147.03 Ohio Revised Cade County of Medina ss.: , q , Y P ( ) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 1st day of August A.D., 2024 ,r`�asuRA, ., �tONAk Z,y'-,.. c,,S �v • data .•',�� ; �0,. P� •Is�'P� . "SUL SEAL :m •.N.M• IIIIIIII IF11,1.11 `,`,`` irR#TE�fp': �+ / ► Secretary 18493 'a,• '• ...'' +! Frank A. Carrino, Secretary BPOAC2 (combined) (03-22) PAYMENT BOND Contract Number Boiler Replacement - Bond Number 403045R Oshkosh Public Museum Date Bond Executed (Date of Contract or Later) PRINCIPAL/CONTRACTOR (Legal Name and Business Address) August Winter & Sons, Inc. 2323 N. Roemer Road, PO Box 1896 Appleton, WI 54911 SURETY(IES) (Legal Name(s) and Business Address(es)) Ohio Farmers Insurance Company P.O. Box 5001 Westfield Center, OH 44251 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation WI Penal Sum of Bond $85,282.00 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract identified above, which is incorporated herein by reference, subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim, demand, lien or suit. Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. August Winter & Sons, Inc. Ohio Farmers Insurance Company Name of Principal/Contractor Name of Surety Title -I�rgv),6 4[tnnG✓t /jj�5t. Szcyyfgy1.1 Title Haley fl Attorney i act J,� '• ..... • ems: PERFORMANCE BOND CITY OF OSHKOSH Contract Number Boiler Replacement - Bond Number 403045R Oshkosh Public Museum Date Bond Executed (Date of Contract or Later) PRINCIPALICONTRACTOR (Legal Name and Business Address) Type of Organization ❑ Individual ❑ Partnership August Winter & Sons, Inc. © Corporation 2323 N. Roemer Road, PO Box 1896 Appleton, WI 54911 State of Incorporation WI SURETY(IES) (Legal Name(s) and Business Address(es)) Penal Sum of Bond $85,282.00 Ohio Farmers Insurance Company P.O. Box 5001 Westfield Center, OH 44251 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above, which is incorporated herein by reference. This Bond shall cover any work performed during initial construction and any warranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after: 4. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract. Within five (5) business days of the Owner's notice, either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five (5) business days of the request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed a reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any, to subsequently declare the Contractor in default; 5. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and 6. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actions: 6. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract; 7. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 8. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 9. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or 10. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above, Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. August Winter & Sons, Inc. Ohio Farmers Insurance Company Name of Principal/Contractor Name of Surety Title T�vi f����1,�9n�(}�5� , 6ee,?4p Title Haley Pfl g, ttorn -in- ac w•`�w�T�RfD� Surety Acknowledgment State of Minnesota } } ss. County of Hennepin } On this 22nd day of August 2024, before me personally came Haley Pflug, to me known, who being by me duly sworn, did depose and say that she is the Attorney -in -Fact of Ohio Farmers Insurance Company described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name to it by like order. <)C,c Ckwo i W-W-qoof �- Notary Public MICHEI,L.F 61gN Notar E HALTER State of y Public Mary 202gaes THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 01/18/23, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 2263612 02 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint BRIAN D. CARPENTER, NICOLE LANGER, CRAIG OLMSTEAD, JESSICA HOFF, MICHELLE HALTER, HEATHER R. GOEDTEL, KELLY NICOLE ENGHAUSER, BLAKE S. BOHLIG, LAURIE PFLUG, HALEY PFLUG, JOINTLY OR SEVERALLY of BLOOMINGTON and State of MN its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- -- "' - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE G IBC/ RANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogmzances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 18th day of JANUARY A.D., 2023 . Corporatep,� �InNA( f''••,, �•, WESTFIELD INSURANCE COMPANY Seals ,�+° o f,.••• •• • -.,%o *.{ 'ta?.• "' • !!sG•; jr �NSU ., WESTFIELD NATIONAL INSURANCE COMPANY Affixed3*��j 1� '•OQf�or 9`'' i "•.•' OHIO FARMERS INSURANCE COMPANY ►- SEAL N:, SEAL v. ran ,I11�1HN••p••• .,,,r4N11U,•1.1``,•, ,� State of Ohio By: County of Medina ss.: Gary W. tumper, Nation Surety Leader and Senior Executive On this 18th day of JANUARY A.D., 2023 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial �0,0~1l40" Seal \ A t_ tiay Affixed ?+:.`+: State of Ohio + ado David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: Z,, q �'7Z�.- My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) TE of ... I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 22nd day of August A.D., 2024 SE SEAL, m . • 1A •11,1„1,„1++• ta1ARTERFQ'� t Secretary y:• 1848 a •'o� Frank A. Carrino, Secretary BPOAC2 (combined) (03-22)