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Capelle Brothers & Diedrich, Inc/Lakefly Cafe-Abe Rochlin Park
CONTRACTOR AGREEMENT THIS AGREEMENT, made on the 3rd day of December, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Capelle Brothers and Diedrich, Inc, 253 North Hickory Street, Fond du Lac, WI 54935 hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Todd A Diedrich, President) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Ray Maurer, Parks Director) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated November 7, 2012 entitled "Abe Rochlin Park and Lake Fly Café Restroom Renovations, HGM Architecture Project No. 1612," and the Contractor's "Project Bid Proposal Form"dated November 27, 2012, attached hereto as Exhibit A. Both documents are incorporated into this Agreement. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with this agreement, the CITY'S Bid Specifications and the provisions in this agreement shall govern. 1 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 IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed by March 29, 2013. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $112,325.00, 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 to be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VII. 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 2 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 VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Bid Specifications dated November 7, 2012, attached hereto as Exhibit A and fully incorporated into this Agreement. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONTRACT• /Cc NSULTANT By: Pit.cp (Seal of Contractor (Specify Title) if a Corporation.) By: C‘t Iry (Specify Title) 3 CITY OF OSHKOSH / n i By:/ LJ 1/j 't f A. Rohloff, City Manager (Witness) __.. pz7. Z -/f h1.�; �LZ And:Wes'' Al_ _ lit 11 (Wifess) Pamela R. Ubrig, City C erk IP APPROVED: I hereby certify that the necessary provisions have been made to i , I pay the liability which will accrue ice;,„ , ,` +_� A ! ANEld under this contract. 11.' ' ity Attorney 1 Pe 49. ..9 City Comp 4 C-1 1 BID FORM 2 Abe Rochlin Park and Lake Fly Café Restrooms Renovations 3 City of Oshkosh 4 Parks Department 5 805 Witzel Avenue 6 Oshkosh,WI 54902 7 8 HGM Architecture Project No. 1612 9 10 Bid Closing: 10:00 a.m.,November 27,2012 11 City Manager,do City Clerk's Office 12 Room 104 13 City Hall—214 Church Ave. 14 P.O.Box 1130 15 Oshkosh,WI 54901 16 17 TO: City of Oshkosh,Parks Dept. 18 (A Corporation) 19 20 We Capelle Bros. & Diedrich, Inc. (( xl 21 22 of 253 North Hickory Street Fond du Lac Wisconsin 54935 23 (Street) (City) (State) (Zip) 24 (920 ) 921-7830 (920 ) 921-4679 25 (Telephone) (Facsimile) 26 having examined the site and contract documents,hereby agree to furnish all labor and materials necessary to 27 complete the work for the amount entered therein for the construction of this project, in accordance with 28 drawings and specifications prepared by HGM Architecture,Inc.,Oshkosh,Wisconsin,including Addendum 29 Nos. 1 hereto,as follows: 30 31 GENERAL CONSTRUCTION: 32 33 Base Bid No. 1:General Construction Work including Division 1 through 26 as detailed and specified,for the 34 sum of: 35 `` 36 ONe �vN�re� Niye {dot►SON) Lusdie) a'J riu4'y - Dollars($ 10 3 R902° ). 37 38 ALTERNATIVES: 39 40 Alternative IA: Paint all exterior steel columns and steel connections at Abe Rochlin Park for the sum of: 41 42 ONE THOUSAND FORTY FIVE Dollars($ 1,045.00 ). 43 44 Alternative 1B: Furnish and install new exhaust fan at Abe Rochlin Park for the sum of: 45 46 O roe 01ousr.,.d 111+ea 11v,t cif cd Fwd NvNkl —Bollars($ 13 310,00 ). 47 48 SUBSTITUTE BID: 49 50 The Base Bid and Alternative Bids include the products specifically named. The contractor may submit with 51 this proposal products of other manufacturers of similar use for the architect's consideration after the award of C-2 1 contract,provided they are listed below and the difference in cost is indicated. 2 Deduct 3 Product Add 4 5 NONE 6 7 8 9 10 11 12 13 Check list of items that must be included with the submission of Bid. 14 15 - Contractor/Bidder Qualification Form: Blank copy bound in the project manual 16 - Bid Bond(attached to the Bid Bond Form) 17 - Certificate of Insurance—Blank copies bound in Project Manual 18 19 Capelle Bros. & Diedrich, Inc. 20 I hereby certify that statements herein are made on behalf of P 21 22 a corporation organized and existing under the laws of the State of Wisconsin , 23 24 a partnership consisting of , 25 26 an individual trading as that I have examined and carefully have' ' • 27 checked the same in detail before submitting this propo ;in(its) eir)behalf,and that said statements are • ', • 28 true and correct. /1 I {1 �` 29 , , ; 31 30 Signature �' > ',' Todd A. Diedrich � ' 32 Title,if any President i �, ' 4 33 �, . 34 Sworn'all sOscribed to before me this 27th day of Nov. 20 12 . 36 ' ' . it' (2jlit,b,t9i4i------- My Commission expires 2—i le-Z.0114 37 • ((No,taty br'ot er guthorized to acminister oaths.) 38'. • * * 39 • :4'' 1} ; \ 1 1' -;"'" CAPEBRO-01 PDEANOVICH A`,OR°" CERTIFICATE OF LIABILITY INSURANCE °A��is/2o 2YY' j THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Pam Deanovich,CISR Jackson Kahl Insurance Services,LLC PHONE 800 524-5467 FAX 866 218-6850 PO Box 950 (NC,No,Est): ) (Arc,No): (866) Fond Du Lac,WI 54936-0950 ADDI Rless:pdeanovich@jacksonkahl.com INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:West Bend Mutual Insurance Co. 15350 INSURED '.. INSURER B: Capelle Brothers&Diedrich Inc INSURER C: P.O.Box 1274 INSURER D: Fond du lac 54936-1274 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLISUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR 1 WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYYL LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CPS069830808 1/1/2012 1/1/2013 DAMA E TO RENTED 200,000 A X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) _ $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 X 250 DED GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X jECT LOC Emp Ben. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ A X ANY AUTO 'CPS069830808 1/1/2012 1/1/2013 BODILY INJURY(Per person) $ X AUALL TOOS WNED SCHEDULED AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NAUTON OOS- WNED (PER PROPERTY ACC DENMAGE $ T) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE CUS069831008 1/1/2012 1/1/2013 AGGREGATE $ 5,000,000 DED X RETENTION$ $ WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE WCS0570764 1/1/2012 1/1/2013 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:Abe Rochlin park and Lakefly Cafe Restoration Renovations City of Oshkosh is listed as an additional insured per blanket endorsment provided by West Bend Mutual lnsruance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 214 Church Street Oshkosh,WI 54901 AUTHORIZED REPRESENTATIVE zezi.e."7" ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTOR'S BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended 3. Except when required by written contract or to include as an additional insured any person or written agreement, the coverage provided to organization whom you are required to add as an the additional insured by this endorsement additional insured on this policy under a written does not apply to: contract or written agreement. a. "Bodily injury" or"property damage" occur- The written contract or written agreement must ring after: be: (1) All work on the project (other than 1. Currently in effect or becoming effective dur- service, maintenance or repairs) to be ing the term of this policy; and performed by or on behalf of the addi- 2. Executed prior to the "bodily injury," "property tional insured at the site of the covered damage," "personal injury and advertising in- operations has been completed; or jury." (2) That portion of"your work" out of which B. The insurance provided to the additional insured the injury or damage arises has been is limited as follows: put to its intended use by any person or organization other than another con- 1. That person or organization is only an addi- tractor or subcontractor engaged in tional insured with respect to liability arising performing operations for a principal as out of: part of the same project. a. Your premises; b. "Bodily injury" or"property damage" arising b. "Your work"for that additional insured; or out of acts or omissions of the additional c. Acts or omissions of the additional insured insured other than in connection with the in connection with the general supervision general supervision of"your work." of"your work." 4. The insurance provided to the additional in- sured does not apply to "bodily injury," "prop- 2. The Limits of Insurance applicable to the „ "personal insured are those specified in the erty damage, personal injury and advertising written contract or written agreement or in the injury" arising out of an architect's, engineer's, Declarations for this policy, whichever is less. or surveyor's rendering of or failure to render These Limits of Insurance are inclusive and any professional services including; not in addition to the Limits of Insurance a. The preparing, approving, or failing to shown in the Declarations. prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; and b. Supervisory, or inspection activities per- formed as part of any related architectural or engineering activities. WB 1482 06 06 West Bend Mutual Insurance Company Page 1 of 2 West Bend, Wisconsin 53095 C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS is amended with the addition of the fol- lowing: 4. Other insurance b. Excess insurance This insurance is excess over: Any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract spe- cifically requires that this insurance be ei- ther primary or primary and noncontribut- ing. Where required by written contract, we will consider any other insurance maintained by the additional insured for injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this insurance. When this insurance is excess, as a con- dition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or suit to all other insurers that may provide coverage to the additional insured, whether on a contingent, excess or primary basis. Page 2 of 2 West Bend Mutual Insurance Company WB 1482 06 06 West Bend, Wisconsin 53095 Best's Credit Rating Center- Company Information for West Bend Mutual Insurance Co... Page 1 of 2 Ratings & Criteria Center Regional Centers:Asia-Pacific(Canada I Europe,Middle East and Africa Home I About Us I Contact Us I Sitemap abs i For ratings and product access Login I Sign-uo Ratings&Criteria v West Bend Mutual Insurance Company Lg Pont this page (2) »Home »Methodology A.M.Best 0:000964 NAIC 6:15350 FEIN 0:390698170 »Best's Credit Ratings+ Address:1900 South 18th Avenue Assigned to Financial aeffi, »Financial Strength Rating West Bend,WI 53095 companies »Issuer Credit Rating United States that have in A _°"""lent »Debt Rating our opinion, »Advanced Search Web:www.thesilvedininq.com »About Best's Credit Ratings+ Phone:262-334-5571 an excellent ability to meet their »Get a Credit Rating+ Fax:262-334-9109 ongoing insurance obligations. »Best's Special Reports »Add Best's Credit Ratings Search Best s Credit Ratings To Your Site ... _._ .... ... ... __ Financial Strength Rating View Definition Best's Credit Rating Analyst »BestMark for Secure-Rated " Insurers Rating: A(Excellent) '. Office:A.M.Best Company,Oldwick NJ »Contact an Analyst Financial Size Category: X($500 Million to$750 Million) Senior Financial Analyst:Adrienne Tortodello »Awards and Recognitions Outlook: Stable Managing Senior Financial Analyst:Jennifer Marshall, News&Analysis v Action: Affirmed CPCU,ARM Products&Services Effective Date: May 24,2012 u Denotes Under Review Bests Rau nu Industry Information Corporate Issuer Credit Rating Definition _. Regulatory Affairs v Long-Term: a Support&Resources s Outlook: Stable '.. Action: Downgraded Conferences and Events v Date: May 24,2012 Find a Best's Credit Rating Reports and News Enter a Company Name r7-_- Visit Best's News and Analysis site for the latest news and Dress releases for this company and its A.M.Best Group. Advanced Search Il+++ AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. 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A312 o. a PUBLIC IMPROVEMENT PERFORMANCEILABOR AND MATERIAL PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT A TO SECTION 779.14 WISCONSIN STATUTES. `a vi KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) Capelle Brothers & Diedrich,Inc. ,253 N. Hickory St. ,Fond du Lac,wi 54935 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) United Fire & Casualty Company,Cedar Rapids,Iowa duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) City of Oshkosh,214 Church Ave. ,Oshkosh,WI 54901 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of One-hundred Tweve-thousand Three-hundred Twenty-five&0O /10O Dollars ($112,325.0O) (Here insert • sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by thest:.presertts. WHEREAS, Principal has by written agreement dated 12/3/12 l 012, entered into a contract with Owner for Abe Rochlin Park and Lake Fly Cafe' Restroom Renovations in accordance with drawings and specifications prepared by (Here insert full name, title and address) H(1'4 Architecture which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, 8 The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. C a PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312AUGUST. 1989ED. PAGE 1 Copr.1969 Wisconsin Society of Architects/AIA 321 S.Hamilton St. Madison,Wis.53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 5th day of December 2,012 IN THE PRESENCE OF: Capelle Br ers Diedrich,Inc. primipai ■ /, vc ff .. t A B1: (Seal) i T ' 'Itd.: United Fire & Casualt Co ; n & L1 0Q 1 By: //// �� (mil) Wiues Tide: Atii" , APPROVED BY IN THE PRESENCE OF: Owns By: (Seal) Witmer Title: *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2 UNITED FIRE & CASUALTY COMPANY HOME OFFICE -CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company-See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint MITCHELL R KAHL, OR MICHAEL FOLEY, OR PAMELA DEANOVICH, OR JAMES WESTERGAARD, OR PAMELA K MCCARTHY, OR SARAH GANTNER, OR MICHELLE KILLAM, OR CHRISTOPHER SHAFER ALL INDIVIDUALLY of FOND DU LAC WI its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature as follows: Al 1 bonds not to exceed $10,000,000.00 and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire6th day of August, 2014 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V-Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. {lanlnur IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by >k �9u -?,, its vice president and its corporate seal to be hereto affixed this 6th day of August, 2012 eCORPORATE ooh --4,-- UNITED FIRE &CASUALTY COMPANY Vi SEAL Y �,o.0 94ti, l�y�7� s y0``. y State of Iowa, County of Linn, ss: On 6th day of August, 2012, before me personally came Dennis J. Richmann Vice President to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE& CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Mary A.Jansen vy Iowa No.�arial Seal /L Ay Commission number 713273 T` " My Commission Expires 10/26/13 Notary Public I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. ���.�{` lansu;i,,,�� In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company .`� r�oS this 5th day of December 2012 . ,e CORPORATE % �A SEAL �� ,,i5cn� dam: Secretary BPOA0014 0611 Best's Credit Rating Center- Company Information for United Fire & Casualty Company Page 1 of 2 Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa Home i About Us I Contact Us I Sitemap For ratings and product access Login I Sign-up Ratings&Criteria e United Fire & Casualty Company 8 Print this sage ( ) »Home Methodology A.M.Best M:000928 NAIC 4:13021 FEIN it 420644327 »Best's Credit Ratings+ Stock Ticker:The Nasdaq Stock Market NASDAQ UFCS Assigned to Rn.no »Financial Strength Rating Address:P.O.Box 73909 companies n Issuer Credit Rating Cedar Rapids,IA 52407-3909 that have in A=°°"^yrtt n Debt Rating United States our opinion, »Advanced Search an excellent ability to meet their »About Best's Credit Ratings+ Web: itedfregroup.com Phone::319-399-5700 ongoing insurance obligations. »Get a Credit Rating+ Fax:319-399-5499 »Best's Special Reports a Add Bests Credit Ratings Search Based on A.M.Bests analysis,058589-United Fire Group.Inc.is the AMB Ultimate To Your Site Parent and identifies the topmost entity of the corporate structure.View a list of operating BestMark for Secure-Rated insurance entities in this structure. Insurers ....... __._ _.... _. »Contact an Analyst Bests Credit Ratings »Awards and Recognitions View all of the companies assigned this rating as a part of 9 9 Best's Credit Rating Analyst News&Analysis o an AMB Rating Unit. Products&Services Financial Strength Rating View Definition Office:A.M.Best Company,Oldwick NJ -- -.- Senior Financial Analyst:Michael W.Russo Industry Information a • Rating: A(Excellent) Assistant Vice President:Michael J.Lagomarsino,CFA Corporate v Financial Size Category: X($500 Million to$750 Million) - ---- --- --- --... -' Regulatory Affairs Outlook: Negative Action: Affirmed Support&Resources a Effective Date: June 11,2012 Conferences and Events c u Denotes under Review Best's Retina Issuer Credit Rating Definitlon Find a Best's Credit Rating Long-Term: a Enter a Company Name Outlook: Negative Action: Affirmed »Advanced Search Date: June 11,2012 (ftA M Best Rating Services Related Financial and Analytical Data g Contact intarmaiibr,m The following links provide access to related data records that A.M.Best utilizes to provide financial and analytical data on a consolidated or branch basis. View Rating Definitions i 019768 United Fire and Casualty Group Represents the"as filed"Company Consolidated financials for the Property/ I Select one... [ Casualty business of this legal entity. 003875 United Fire&Casualty Group Represents the A.M.Best Consolidated financials for the Property/Casualty business of this legal entity. Reports and News Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with ».^ comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:6/15/2012(represents the latest significant change). r- Historical Reports are available in AMB Credit Report-Insurance Professional Archive. Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports feature balance sheet,income statement,key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2012 Best's Statement File-P/C,US Contains data compiled as of 11/29/2012 Quality Cross Checked. • Single Company-five years of financial data specifically on this company. • Comparison -side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Compositq -evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as airy provided in the most current edition of Best's Key Rating Guide products.(Quality Cross Checked). AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts and tables.Each report also features the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 11/29/2012 Quality cross Checked. Financial and Analytical Products Best's Key Rating Guide-P/C.US&Canada Best's Statement File-P/C.US Best's Statement File-Global http://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=928&URatingId... 12/7/2012 • Document A3IOTM — 1970 Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we (Here insert full name and address or legal title of Contractor) Capelle Brothers & Diedrich,Inc. ,253 N. Hickory St. ,Fond du Lac,WI 54935 as Principal,hereinafter called the Principal,and (Here insert full name and address or legal title of Surety) United Fire & Casualty Company,Cedar Rapids,Iowa a corporation duly organized under the laws of the State of Iowa as Surety,hereinafter called the Surety,are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Oshkosh,Oshkosh,WI as Obligee,hereinafter called the Obligee,in the sum of Five(5%) Percent of the Maximum Bid Dollars($ 5% Max Bid ),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,firmly by these presents. WHEREAS,the Principal has submitted a bid for (Here insert full name, address and description of project) Abe Rochlin Park and. Lakefly Cafe Restroom Renovations 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. y Signed and sealed this 13th day of November 20 12 Capelle B • : _s & Diedrich,Inc. L �G2 Awe (7) 'ncipal (Seal) (Witness) • ( ite) t� United Fire & Casualty Company 1N)1, f A_Okt (Surety) (Witness) ( ` (Seal) Attorney ' fact CAUTION:You should sign an original AIA Contract Document,on which this text appears RED.An original a sores that changes will not be obscured. AIA Document A310TM—1970.Copyright®1963 and 1970 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°Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. 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. UNITED FIRE&CASUALTY COMPANY HOME OFFICE-CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY • (Original on file at Home Office of Company-See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint MITCHELL R KAHL, OR MICHAEL FOLEY, OR PAMELA DEANOVICH, OR JAMES WESTERGAARD, OR PAMELA K MCCARTHY, OR SARAH GANTNER, OR MICHELLE KILLAM, OR CHRISTOPHER SHAFER ALL INDIVIDUALLY of FOND DU LAC WI its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature as follows: Al 1 bonds not to exceed $10,000,000.00 and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire 6th day of August, 2014 un 1 ess sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V-Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. ou�fagrq IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by p��s% �s 44- 0,,.. its vice president and its corporate seal to be hereto affixed this 6th day of August, 2012 W' CORPORATE p _•_ UNITED FIRE &CASUALTY COMPANY SEAL 1.t", ,ono '17,,RAPIDS By "f State of Iowa, County of Linn, ss: ll�� On 6th day of August, 2012, before me personally came Dennis J. Richmann Vice President to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE& CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Mary A.Jansen Iowa Notarial Seal Commission number 713273 pee"--/My Commission Expires 10/26/13 Notary Public I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. o„""" 10 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company 1.01r, this 1 'th day of November 20 12 12 CORPORATEyy SEAr. : "ILL1.04: +m, O� I Secretary ry BPOA0014 0611 • Best's Credit Rating Center - Company Information for United Fire & Casualty Company Page 1 of 2 Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada)Europe,Middle East and Africa Home I About Us I Contact Us I Sitemap I For ratings and product access Login I Sign-up Ratings&Criteria v United Fire& Casualty Company Print this page (2) »Home »Methodology A.M.Best 8:000928 NAIC 8:13021 FEIN 8:420644327 a Best's Credit Ratings+ Stock Ticker:The Nasdaq Stock Market NASDAQ UFCS Assigned to RrraneYt '` a Financial Strength Rating Address:P.O.Box 73909 er = »Issuer Credit Rating Cedar Rapids,IA 52407-3909 that have,,iin MT"- a Debt Rating United States A` 3 »Advanced Search our opinion, »About Best's Credit Ratings+ Web:www.unitedfiregroup.com an excellent ability to meet their »Get a Credit Rating+ Phone:319-399-5700 ongoing insurance obligations. »Bests Special Reports Fax:319-399-5499 »Add Bests Credit Ratings Search To Your Site Based on A.M.Best's analysis,058589-United Fire Group,Inc.is the AMB Ultimate »BestMark for Secure-Rated Parent and identifies the topmost entity of the corporate structure.View a list of operating Insurers insurance entities in this structure. n Contact an Analyst Best's Credit Ratings '. n Awards and Recognitions ___.. ___._..._ _._........ ..........__. .._. _. __.. ..... ...._ __ ... View all of the companies assigned this rating as a part of n News&Analysis Best's Credit Rating Analyst Y an AMB Rating Unit. Products&Services I Financial Strength Rating View Definition -- ---- Office:A.M.Best Company,Oldwick NJ Industry Information Rating: A(Excellent) Senior Financial Analyst:Michael W.Russo Assistant Vice President:Michael J.Lagomarsino,CFA Corporate- Financial Size Category: X($500 Million to$750 Million) _.._._._ .......... .............._ Regulatory Affairs x Outlook: Negative Action: Affirmed Support&Resources Effective Date: June 11,2012 Conferences and Events/ u Denotes Under Review Best's Retire Issuer Credit Rating View Definition Find a Best's Credit Rating Long-Term: a ( Outlook: Negative Enter a Company Name ( Action: Affirmed n Advanced Search Date: June 11,2012 A.M Best Rating Services Related Financial and Analytical Data :an€ac::=.n1 rmul vv» The following links provide access to related data records that A.M.Best utilizes to provide financial and analytical data on a consolidated or branch basis. View Rating Definitions 019768 United Fire and Casualty Group Represents the"as filed"Company Consolidated financials for the Property/ Select one... Casualty business of this legal entity. 003875 United Fire&Casualty Group Represents the A.M.Best Consolidated financials for the Property/Casualty business of this legal entity. Reports and News Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:6/15/2012(represents the latest significant change). Historical Reports are available in AMB Credit Report-Insurance Professional Archive. Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports feature balance sheet,income statement,key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2012 Best's Statement File-P/C,US Contains data compiled as of 11/29/2012 Quality Cross Checked. • Single Company-five years of financial data specifically on this company. • Comparison -side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite -evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as s.a provided in the most current edition of Best's Key Rating Guide products.(Quality Cross Checked). AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts and tables.Each report also features the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 11/29/2012 Quality Cross Checked. Financial and Analytical Products Best's Key Rating Guide-P/C,US&Canada Best's Statement File-P/C.US Best's Statement File-Global http://www3.ambest.com/ratings/entities/CompanyPro file.aspx?ambnum=92 8&URatingId... 12/3/2012