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HomeMy WebLinkAboutBonds USA Fire ProtectionME ,1 l Document 1; _ 1 CONTRACTOR: (Name, legal staters and address) United States Alliance Fire Protection, Inc. 15775 W. Schaefer Ct. New Berlin, WI 53151 OWNER: (Ataine, legal slates and address) City of Oshkosh 215 Church Avenue, PO Box 1130 Oshkosh, WI 54903-1130 SURETY: (Name, legal status and principal place of bitsiness) Pacific Indemnity Company 202E Hall's Mill Road Whitehouse Station, NJ 08889 BOND AMOUNT: Five Percent of the Total Amount Bid (5%) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. PROJECT: (Araine, location or adrh•ess, and Project number, if any) 21 - Fire Protection; Go Transit Administration and Garage Facility, 926 Dempsey Trail Oshkosh, WI 54902 'Fhc Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. 'File conditions of this Bond are such that if the Owner accepts the bid oFthe Contractor Nviihin the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction ol'the Pro,jcet and otherwise acceptable to the Owner, for the faithful performance of such Contract and I'm the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount ibl• which [lie Owner may in good faith contract with another party to perform the wort: covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 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. Waiver of notice by the Surtay shall not apply Wally extension exceeding sixty (60) days in the aggregate beyond (lie time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to if Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been Furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrgljtatirDlfltitti�� provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. �' t�� F1Rc io'�i,� Furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bQn2i,Q� ffh`, day of July, 2024 Signed and se< ° #-ttris _ y , United States Alliance Fire Protection, Inca CORD - — (Principal) (bvi-IAL (Illle) Steve Sferra xecutive Vi6p i itegident,..••"°��,,�` / Pacific Indemnity Company Vk -(Surely) (4Nilncss) Sandra M. Engstrum 7 ftj()Joshua R. Loftis, Attorney -in -Fact CAUTION: You should sign in original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document A31014 — 2010. Copyright ©1963, 1970 and 2010 by The American Institute of Architects, All rights reserved. WARNING: This AIA Document is protected by U.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Documani, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to tho maximum extent possible under the lavt, purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org, asnro ACKNOWLEDGEMENT OF PRINCIPAL STATE OF Wisconsin ) COUNTY OF Waukesha 11 th day of J Uly in the year 20_ 24 before Inc personally On this }` appeared Steve Sferra of Executive Vice President known to me to be United States Alliance Fire Protection Inc. the person whose name is subscribed to the instrument, and acknowledge that he/she executed the same. y hands and affixed my official sea], the day and year in In WITNESS WHEREOF, I have he(e�unto� eim this certificate first above written. \,IOTAA�ta,. n G rrlll. ��6'CONSO ; ACKN WO"SEMI STATE" OF Minnesota ) COUNTY OF Hennepin ) y Commission Expires: OF SURETY , Notary Public 10111 /2027 in the year 2024 , before me personally comes) On this 91thday of July , Attorney -in -Fact of Joshua R. Loftis , with whom Pacific Indemni Com an 1 am personally acquainted, and who, being by me duly sworn, says that he/she is the Attorney -in -Fact of the company described in and Pacific Indemni Com an which executed the within instrument; that he/she know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he/she signed said instrument as Attorney -in -Fact of the said Company by like order. In WITNESS WHEREOF, I have hereunto set my hands and affixed my official seal, the day and year in this certificate first above written. ghP1DRA T,q ENGS f RUM 1 Sandra M. Engstrum , Notary Public NOTARYVU6L�L "rNNFS'�TA Cunrmiss n Ea" - ,�< <; ry S 2026 My Commission Expires: Janus 31 2026 Power of Attorney pacific Indemnity Company Federal Insurance Company I Vigilant Insurance Company Westchester Fire Insurance Company I ACE American Insurance Company , a New York corporation, Know All by These Presents, that FEWFSTACHFSffiR FIRE INSURANCE COMPANY Indiana and ACE AMERICANrINSURANT INSRCECOMPANY CE co corporations of the CommonwealthFof Pennsylvania, COMPANY,a Wisconsin corporation, R. do each hereby collstitute and appoint Melinda cC iBls Blodgett, Rachel Thomas, C. Bowman, a Nathan Weaver, and ColSandra M. byrD. White of Minneapolis, Minnesota - Ted Jorgensen, ua R. Lo is, Michelle Morrison, Brian J. Oestreich, to affix eir corporate seats to and forand on halfas each as their true andand undertakings Attorney-in-Fact ttor ey-i and ottto aher writings obligatory in thetnature thereof (otheion in their names rthan ailtbonds) given or xecuted in the rcourse of business and any instruments or otherwise, bonds WESTCHESTER FIRE INSURANCE COMPANY amending or altering the same, and consents to the modification or alteration ofany Instrument referred to in said bonds or obligations, Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, In Witnessve each executed and attested these presents and affixed their corporate seals on this 24th day of May 2024. and ACE Whereof, INSURANCE COMPANY ha i1•atnn Eichhom.Vice President Ruper- HO Sa :ndells. Assistant Se=retary rsTrrt?. -•�.�• STATE OF NEW JERSEY 55. county of Hunterdon On this mth day of May, 2024 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren NY, W S C ESTCR known to be Assistant Secretary and ACE ice FIC INDEM President, FEDERAL.thecomNaniesOwhlchexecVIGILANT utedtheforegongPowNCE OMofAttorney'and th saldRuperrNITY t1HDSw1 dells and Warrr nREichhornn,beingbymedulysvorn, AMERICANINSURANCE COMPANY, P nd NCE severalty and each for himself COMPANY, WESTCHESTER FIRE INSURANCE COMPANY ntd ACE AIMERICAN INSURRANCE COMPANY and kknow the corporate seals thereof, NT hat the COMPANY, PACIFIC INDEMNITY seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. �^ Albert Cantursi Notarial Seal pt c r� NOTARY pUBUC OF NEW JERSEY 7 i�or �Qr �• No 502MG9 Nottry Public 4 e410 commission Etplres August 22.2027 A iyc� CERTIFICATION Resolutions adopted by he Boards of Directors COMPANY on December fFEDERAL, NSU an ACE AMEBIC VI ILANT INS COMPANY COMPMarch 20,2ANY, and A09FIC INDEMNITY COMPANY on August 30, 20 ; WESTCHESTERFIRE INS 'RESOLVED, that the following authorizations relate to the execution, for and on hehal(of the Company, of bonds, undertakings, remgnizances, contracts and other written commitments o[ t e Company entered Into in the ordinary course of business (each a "W rttten Commltment1: (I) Each of the Chairman, the President and the Vice Presidents of the Companylshereby authorized loexecute any Wrhtencommitment for and on behalf of the Company, under the sea of the Company or Otherwise -commitment for and (2) Each duly appointed atoorney-ln-fact-In-factny under the seal oftheCompanyorotherwise, to the extent that such action is authorized by the grant of pobehalfappoint in writing any person the attorney-in- (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authormipanyeCc, under theand se toftheCompanyorof the otherwise, (act of the Company with .full power and author, which ecute.specifor a may be by genhe company eral type or class of Writtencommitmentsor by speclnation of oneritten oorrnmoree partknts tuiar Written d on as may be specified in such wrtuen appo Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Company, tmt,o deleofthegate In writing to any other officer of e Company the a hsritytollonuttnaybebygeneraltypeorlasso Written Comntltmentsyorcbyspecifiationofoneormal or Otherwise. such oreparticulaarWritten CmmimentsarespeciOedlnsuchwritten (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal o(the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. a statement of the FURTHnRand su h%tha thefolreoing Rsoltoroutiioon shalllse ( not tthe deemedto of a an excch iusiv orauthority otherwise vaiidly gran dorves[eders and authority "employees and other persons to act for and on behalf of e Comp y, 1, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the,,Companies') do hereby certify that (i) the foregoing Resolutions adopted by the Board or Directors of the Companies are true, correct and in full force and effect (11) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Whitehouse Station, NJ, this July 11, 2024 3�'"°"r'� � � � y: r e� RupercHDS�vindells A::istant3e:retat�' t"'✓ - --_ _. .............,•„rr tic ar• Combined: FEO VIG-PI-VwFIC-AAIC (rev.11-19) Bond No. K41950766 A- cAIA Document A312TM - 2010 Performance Bond CONTRACTOR: (Name, legal status and address) USA Fire Protection 15775 W. Schaefer Ct. New Berlin, WI 53151 OWNER: (Name, legal status and address) City of Oshkosh 215 Church Avenue, PO Box 1130 Oshkosh, WI 54903-1130 CONSTRUCTION CONTRACT Date: September 3, 2024 Amount: $639,910.00 SURETY: (Name, legal status and principal place of business) Pacific Indemnity Company 202E Hall's Mill Road Whitehouse Station, NJ 08889 Description: 21 - Fire Protection; Transit Administration and Garage Facility, 926 (Name and location) Dempsey Trail Oshkosh, WI 54902, PO #241074 BOND Date: September 12, 2024 (Not earlier than Construction Contract Date) Amount: $639,910.00 Modifications to thj036 CONTRACTOR A8:PMr9: Company: USA Fire Protection Signature: Name and Title: EX, (Any additional �i ❑ See Section 16 Rp�®ATE �=y SURETY �� om an (Corporate Seal) (�° ate Se Paci i indemnity Company \ Signature: ties Name Josh®RLoftis y ��1 'e tF'i@Slde d Title: Attorney -in -Fact near on the last gge of this Peffor rnance Bond.) (FOR INFORMATION ONt —Name, address and telephone) AGENT or BROKER: II�� OWNER'S REPRESENTATIVE: Holmes, Murphy and Associates, LLC (Architect, Engineer or other parry.) 1601 Utica Ave. S., Suite 700 St. Louis Park, MN 55416 (612) 349-2400 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. c't`G GOaP ORq a SEAL K 1926 = oftAwPac;' 061110 AIA Document A312W — 2010. The American Institute of Architects. Init. 1 eir § 1 The Contractor and Surety, jointly and severally, the Construction Conthact,hwhich i eincorpora incorporated herein by references and assigns to the Owner for the performance o 2 If the Contractor performs the Construction Contract, the Surety nce prod ded in Section 3. the Contractor all have no obligation under his Bond, except when applicable to participate in a cone 3 if there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shalldeclaring arise after to the Contractor and the Surety that .1 the Owner first provides h nootice shall indicate whether he Owner is requesting sa conference among a Contractor Default. Such n to discuss the Contractor's performance. if the Owner does not the Owner, Contractor and Surety request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, the Owner shall attend. Unless request such a conference. If the requestslrequested under this Section 3.1 shall be held within ten the Owner agrees otherwise, any conferencethe Owner, the the (10) business days of the Surety's receipt ner's not d aereasonable time to perform the ConstructionoContract, Surety agree, the Contractor shall be a but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor ,2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; Default; s of the and Balance of the Contract Price in accordance with the term the Bal 3 the Owner has agreed to pay Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. ot 4 Failure on the part of the Owner to comply with the notice requirement n Section fromm shall obligati nconstituteexcept to to comply with a condition precedent to the Surety's obligations, or release the Surety the extent the Surety demonstrates actual prejudice. on 3, the Surety shall promptly and at the Surety's expense § 5 When the Owner has satisfied the conditions of Secti take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for letion to the Construction Connract, arrange for a contract to be prepared for execution by the performance and compconcurrence, to be secured with performance and payment bonds Owner and a contractor selected with the Owners equivalent to the bonds issued on the Construction Contract, and pay tote owner he executed by a qualified surety tion 7 in excess of the Balance of the Contract Price incurred by the Owner as amount of damages as described in Sec a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: be liable to the Owner and, as soon as .1 After investigation, determine the amount for which it may practicable after the amount isand notify he ownerake , citing thent to the Oreaseonc for denial. ,2 Deny liability in whole or in part § 61f the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to om the be in default on this Bond seven days after obligations under thiseceipt of an Bond, and the ownerional written notice shall hall beowner en tled to enforce any demanding that the Surety perform itsSurety remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the pay ment without further notice the Owner shall be entitled to enforce any or the Surety has denied liability, in whole or in part, remedy available to the Owner. AIA Document A312T"' — 2010. The American Institute of Architects. Init. 2 to the owner shall § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of eSurety of the Owner to the of be greater than those of the Contractor under the Construction Contract, and tresponsibilities e Construction C Surety shall not be greater than those of the owner Sure der this obligated, without duplscation, for he commitment by the Owner to pay the Balance of the Contract Price, Surety .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, an resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated d or non-performance are specified in the erfor man e of the Con Construction r c pion Contract, actual damages caused by delayed performance §r. 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. ctor that re ted to the § 9 The Surety shall not be liable to the Owner he Contract Price hall not be reduced orons of the aset off on accountaof any such Construction Contract, and the Balance oft person or entity other than the Owner or its unrelated obligations. No right of action shall accrue on this Bond to any p heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. ction in § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of compearstafter aideclaration ears after the Surety the location in which the work or part of the work is located and shall be instituted within two y of Contractor Default or within two years after the Contractor ceased working or within two y refuses or fails to perform its obligations underriod of limitation available to sureties this Bond, whichever occurs first. if tas a defense in he jurisdictiohe provisions of this n of are void or prohibited by law, the minimum pe the suit shall be applicable. e Contractor shall be mailed or delivered to the address shown on the page § 12 Notice to the Surety, the Owner or th on which their signature appears. a statutory or other legal requirement in the location where § 13 When this Bond has been furnished to comprovision in his Bond conflicting with said statutory or legal requirement ly with the construction was to be performed, any p ovisions conforming to such statutory or other legal requirement shall be shall be deemed deleted herefrom and pr deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions Contractor under the § %i Balance of the Contract Price. The ave been includingmademount allowance to the ayable by the owner to eContractor of any amount Construction received Contract after all proper adjustments It ce or other claims for damages to which the Contractor is or to be received by the Owner in settlement mf insuran s made to or on behalf of the Contractor under the Construction entitled, reduced by all valid and proper payments Contract. ent between the ed on § 14.2 Construction Contra t. The and changes made to th agreement and thewner and oContract1Documentoverpage, s. including all Contract D Contract or, owh ct has not been remedied or waived, to perform or otherwise to § 14.3 Contractor Default. Failure of the Cont comply with a material term of the Construction § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 if this Bond is issued for an agreement between Ow term Contractor in this Bond hall be deemed to Contractor shall be deemed to be Subcontractor and the to AIA Document A312TM — 2010. The American Institute of Architects. 3 Init. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added SURETY other than those appearing on the coverpag CONTRACTOR AS PRINCIPAL (Corporate Seal) Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address Address cument, on which this text appears in RED. An original assures that CAUTION: You should sign an original AIA Contract Do changes will not be obscured. AIA Document A3121— 2010. The American Institute of Architects. 4 Init. Init. Bond No. K41950766 ak,- Document A312TM - 2010 Payment Bond CONTRACTOR: (Name, legal status and address) USA Fire Protection 15775 W. Schaefer Ct. New Berlin, WI 53151 OWNER: (Name, legal status and address) City of Oshkosh 215 Church Avenue, PO Box 1130 Oshkosh, WI 54903-1130 CONSTRUCTION CONTRACT Date: September 3, 2024 Amount: $639,910.00 SURETY: (Name, legal status and principal place of business) Pacific Indemnity Company 202B Hall's Mill Road Whitehouse Station, NJ 08889 Description: 21 - Fire Protection; Transit Administration and Garage Facility, 926 (Name and location) Dempsey Trail Oshkosh, WI 54902, PO #241074 BOND Date: September 12, 2024 (Not earlier than Construction Contract Date) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Amount: $639,910 .00 \�`�tttttlilirtrrri��i Modifications to this Bo�i.P�� on A,Q See Section 18 "PORq'Co'' CONTRACTOR AS PI�(0PgLORPOR ATE f ETY (Corporate Seal) ` N ,.`�,:�u TF.:?�-; w =_ Cor df�Seal) m�pany: Company: @lfic Indemnity Company SEAL �'; BEAD _1 =a' USA Fire Protection y 1920 - 4anature: ' Signature: `�` f CO >> N me Joshua . Lo Name I d1 p� eit Title: Attorney -in -Fact � * and Title: EX@CU Veftis (Any additional sign Tres pear on the la age of this Payment Bond) (FOR INFORMATION ONA—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Holmes, Murphy and Associates, LLC (Architect, Engineer or other party:) 1601 Utica Ave. S., Suite 700 St. Louis Park, MN 55416 (612) 349-2400 061110 AIA Document A3121m — 2010. The American Institute of Architects. 5 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pas incorporatedbherein by efe enequipcensubject othelfollowing terms. use in the performance of the Construction Contract, which t § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemniffor es and homaterials lds harmless the Owner from claims, demands, liens or suits by any person or entity seeking pay mentor equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. Is on to he wner ond § 3 If there is no Owner Default under the Construction theCont ractor and the Surety the (ttthetaddress deOscribednn Section der this 13) shall arise after the Owner has promptly b person or entity seeking payment of claims, demands, liens or suits against the Owner or the Owner's property y any p for labor, materials or equipment furnishedsuits to the the performance and the the ety Construction Contract and tendered defense of such claims, demands, ens or t the § 4 When the Owner hassatisfied the conditions in aton 3, the Surety a duly tendered claaimll pdemand, lienand aor su>turety's expense defend, indemnify and hold harmless the Owner against § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial afumished or amount claimed and the name of the party to whom the materials were, or daysafterequimenthaving last supplied or for whom the labor was done or performed, within ninety (90) performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § n The Surety'sfailure of d defenses theto tge its Surety or Contractor ons under ay have or acquire as to a Claim, except as to undisputed ection 7.2 shall not be deemed to constitute a waiver of de amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or orecover 1Othe any sums found to be due and owing to the Claimant reasonable attorneys fees the Claimant incurs thereafter § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance nstruc on nce bond. By the of the Construction Contract e Owand ner accepting this Bsatisfy claims, if any, under any co ond, they agree that all fundseearnedaby the Contractor in the Contractor furnishing a performance of the Construction 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. Init. AIA Document A31211— 2010. The American Institute of Architects. 6 1 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; 3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent 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 service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312w — 2010. The American Institute of Architects. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 171f this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 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: Name and Title: Signature: Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. AIA Document A312TM — 2010. The American Institute of Architects. ACKNOWLEDGEMENT OF PRINCIPAL STATE OF Wiscons On this 16+11 day of in the year ay)2 , before me personally appeared Steve Sferra Executive Vice President of USA Fire Protection known to me to be the person whose name is subscribed to the instrument, and acknowledge that he/she executed the same. In WITNESS WHEREOF, I have herrregi O I this certificate first above written. o y om r►,.. N and affixed my official seal, the day and year in W , Notary Public 'T r i i aUa Commission Expires: ACKNOWLEDGEMENT OF SURETY STATE OF Minnesota ) COUNTY OF Hennepin ) On this 12th day of September , in the year 2024 , before me personally come(s) Joshua R. Loftis , Attorney -in -Fact of Pacific Indemnity Company , with whom I am personally acquainted, and who, being by me duly sworn, says that he/she is the Attorney -in -Fact of Pacific Indemnity Company , the company described in and which executed the within instrument; that he/she know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he/she signed said instrument as Attorney -in -Fact of the said Company by like order. In WITNESS WHEREOF, I have hereunto set my hands and affixed my official seal, the day and year in this certificate first above written. �dh udlk3�i.)Rk M ENtI8TRLIAIs � � NOTARYPUBLIC-MINNE30TA Sandra M. Engstrum, Notary Public " My Commission 31, E2pir•• M Commission Expires: January 31, 2026 .fattuaey s1, 2426 Y P �l Power of Attorney Federal Insurance Company I Vigilant Insurance Company ( Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Delaware corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Melinda C. Blodgett, R. C. Bowman, Sarah Dragt, Sandra M. Engstrum, R. W. Frank, Ted Jorgensen, Joshua R. Loftis, Michelle Morrison, Brian J. Oestreich, Nicole Stillings, Rachel Thomas, Nathan Weaver, and Colby D. White of Minneapolis, Minnesota ------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 15th day of July, 2024. Rupert HD Swindells. Assistant Secretary g 6EAl K 1Vai ren Eic1ih(A-n, Vke President STATE OF NEW JERSEY County of Hunterdon Ss. On this 15th day of July, 2024 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Eichhorn, being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal s coN `� lG Albert contursi NOTARY PUBLIC OF NEWJERSEY �orAgH n No SG202369 yueuy Commission Expires August22,2027 Notary Public JEA CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, Mu; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in - fact of the Company with full power and authority to execute, for and on behalfofthe Company, under the seal ofthe Company or otherwise, such Written Commitmentsofthe Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or byspecification ofone or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted or vested:" 1, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Whitehouse Station, NJ, this September 12, 2024 Ruper7 HD S+vifst Bits, assistant Seth: taro iN THE EVENT YDU WISH TO VERIFY THE AUTHENTICITY OE THIS BOND OR NOTIFY US OFANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903 3493 Fax (908) 903 3656 email• surety@chubb tom Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19)