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Home My WebLink AboutCentral Restoration LLC-tunnel deck coating at WWTP 2014 . . � �� I �� I .�amc�«.��,-� �-�.�,�0 CONTRACTOR AGREEMENT.• TUNNEL DECK COA T/NG FOR THE WASTEWA TER TREA TMENT PLANT THIS AGREEMENT, made on the 24T" day of September, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CENTRAL RESTORATION LLC, W7986 HWY D, OAKFIELD, WI 53065, 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. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Mark Sobotta, Vice-President, Central Restoration LLC) 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: (Kevin Sorge — Wastewater Treatment Plant Supervisor) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the City's "Invitation for Bids for Tunnel Deck Coating Wastewater Treatment Plant" dated August 16, 2014 and the Bid Proposal Form of the Contractor for said project attached as Exhibit A. If anything in the Bid Proposal Form conflicts with the Invitation for Bids, the provisions in the Invitation for Bids 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 within the time limits specified in the Invitation for Bids. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of 542,250.00, 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 (e.g. Contractor Costs for Unit Price Items as listed in the Bid Form) shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE IV. 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 2 , - 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 V. INSURANCE The Contractor agrees to abide by the City of Oshkosh Insurance Requirements as specified in the Invitation for Bids. ARTICLE VI. 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. 3 � In th resence of: CONTRACTOR /CONSULTANT � � BY. V- ---,My--�-. �,f�. (Seal of Contractor (Spe ify Title) if a Corporation.) i �� By: � . � (Specify Title) CITY OF OSHKOSH , •` By: ��_ ��2,�-.... � / i �t6�v� � (�� Mark A. ohloff, City Manager � ( itness) _ � _---- � � --� � ^� And• " (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made te pay the liability which will accrue � under this contract. City At rney 5�� City Comptroller 4 � ��N��T � BtD FORM TUNNEL DECK COATfNG-WASTEWATER TREATMENT PLANT CITY OF OSHKOSH Page 9 of 2 B1D DEADLtNE IS 10:00 A.M CST. AUGUST 27, 20'!4 ,;. / ,{ From: �� t ��'�--( �1 C��) �� o �� -�-C(bidder's company name) We, the undersigned, propose to furnish al( labor and materiafs to perForm this work per bid specifications. � Any area of the proposal page left blank may be considered as a non-responsive bid. Base Bid: TUNNEL DECK COATING ��` �G��`� t� S��t��e 17��r� ��t�'� a/�l�rs $ °7`� o�i.7� �C� ( a#al Lump Sum Base Bid Price— fn Words) Tofal ump Sum Bid Woric to commence in 0 (�a af�er receipf of order Addendum Acknowledgemer�f We. hereby acknowledge receipt af and have thoroughly examined the written Addenda(s) issued prior to fhe bid date in associafion with this project. These Addencfa are numbered r' through � , incfusive. We fu�ther understand thaf failure to fu11y list the numbers of all pubfished Addenda may cause the City to rejec#this bicf. Note: If no addenda were published for this project write "N/A" in blanlcs above. 19 _ BID �ORM TUNNEL DECK COATING-WASTEWATER TREATMENT PLANT CITY OF OSHKOSH Page 2 of 2 Payment tarms 3fl �� -.S 'J � Date Submitfed: ,�2(„ l � . Name of Company:��,�� `�;�-� �� d��v�� G--�- � Submitted by: (name and title) /v��^� �a�o �� i/f��5 . Emaif address: S o �d �� _Z� �c�1 ��_�/�s �c�� c �,� Address of Company: ��r� �� /��J y � �2 K �,L� `�L�{ �J S S��1cS Phone: 1�.�J-��-3733 ��r�� — �7�- � S�l C'��1, 20 TxE CINCINNATI INSURANCE COMPANY Bid Bond CONTRACTOR(Name, legal status and address): SURETY(Name,legal status and principal place of busness): Central Restoration,LLC THE CINCINNATI INSURANCE COMPANY W7870 E Clark Road 6200 S. GILMORE ROAD Oakfield,WI 53065 FAIRFIELD,OHIO 45014-5141 OWNER(Name, legal StetUS end address): This document has important legal CITY OF OSHKOSH consequences,Consultation with PO BOX 1130 an attorney is encouraged with OSHKOSH,WI 54903 respect to its completion or modification. BOND AM�UNT: Any singular reference to 5% of b i d �o�trado�,Surety,Owner or other party shall be considered plural where applicable. PROJECT(Name,location or address, and Project number,if any): Tunnel Deck Coating Wastewater Treatment Plant The Contractor and Siu�ery are bound to the Owner in the amount set f�-th above, for the payment of which the Contra.ctor and Surety bind themselves,their heirs, executors, administrators, successors and assigns,jointly and severally, as provided herein. The conditions of this Bond are such that if tY�e Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Cont�•actor 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 Conti�act Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Cont�-act and for the prompt payment of labor and material fiunished 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 for which the Owner 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 futl force and effect.The Surery hereby watves 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 Sureiy shall not apply to any extension exceeding sixty(60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Slu�ety's consent for an extension beyond the sixty(60) days. If t�is Bond is issued in connection with a subcontractor's bid to a Cont�-actor,the term Contractor in this Bond shall be deemed to be Subconti�actor and the term Owner shall be deemed to be Contractor. When this Bond]�as been furnished to comply with a statutory or other legal requu�ement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confornung to such statutory or other legal requu-ements shall be deemed incorporated herein. When so furnished, the intent is that this Bo.nd shall be construed as a statutory bond and not as a common law bond. Si�ued and sealed this 27 of August,zo�a ! � Centrel Rest ration,LLC ess)` ( �� ' �P%c�P��, L/� � Se81�--- �Tlu �/= w r^� s ~ / ' THE C�VCINNATI INSURANCE COMPANY < �ty� (Seal) �� > �";�.. ti�� (,Q,�-, -t��.� (Title) ' ��(,�._�� Tbe Company ocecuting this bond vouches that this document confonns to American Institute ofArdutects Document A S1U,2010 Editiun. S-2000 AIA (11/10)Pl16LIC . � THE C.CVCIII`.NA`TI IvS[JK_�NC;E CO[1TPAtiY F�;�r��ia, c�f�;� _� PO��E.R OF ATTOR:tiEY KNOW�.f.[�h4�N BY TI{LSE PRFSENTS: Tliat T1iE CI�C[1v;�li1T�1 i.NS[;['v�\CE COiti1P:1:tiI�, a corp��ration oT•�aiiized �u.lder the laws vF the S[a[e uf Oliia, and h i�trttT its principai c7t7ice in the �ity oP Fairheld, �hio, does hereby const;tute and appoint Pennie Hildebrandt,Michaei Hierl,Lisa D Mueller-Olson,Jodi Van Nocker,H.Thomas Hierl,Cathleen C Christensen, of Fond Du Lac,WI i[s tnie and Ia�vful:l[tcrrney(sj_in-Fact to sitrn, e:aeciife,seaJ and c!e(iver on its b�f.talf as Sucety, and ;�s its act a�id deed, any and all bcmds, policies, undertakinas, ar otlier like instrt�mznis, as follo��s: Two Million Five Hundred Thousand Dollars and 00/100 ($2,500,000.00) "Cl�is a{�pointment is made und;,r and by authority oF the ti�lta��•in�J resolutic�n passed by� t6e T3oard oP Directnrs of said Comp�my at a meetins held in t}re principal ot7�ice of'the Company, a quorum be�nL present and votin�, on Ehe 6"' da�- oi'I:)ecember, 19i�, �thich resoltttion is sti)t in eHeci: "RESOLVED, tliat t1�e }.}resident or anv Vice President be hereby ;tut}torized, and empcn��red to appoint Attorn.eys-in- Fact o:f the Company to etecute rin�� and all bon.ds, poficies, undertakinLs, or other lika instnia�ents on behalf'of'the Corparatic�n, and may authorize any offie�r or anv such ;attorne}�-in-Fact to atfix the carp�rate seal; anci may �,vith or ti��itl�out cause modify or revoke an}� suc11 appoin[meut or airthoritv, ;1ny such c��ritings sa executed by such Att�meys-in- Fact shall be bindin, upon ihe Compsny as if they had been dul� e�ecuied and acknoavled��Ted by the re�,ulcrrly elected «�kficers ��f the Co�npan��." �• This Power �7fAttc>rney is si�ned ancl sealed by faesin�ile under and by the authority of ihe following �esoltrtion aciopteel b;j tlle Board of Directors c>f dle Campan}• ac a ineetin�_duly called and held �n Il�e?'''da}' oE'I�ecembrr, 197;'s. "RESOLVED, that the si�_nat�rre of tl�e Nre�idenr c�r a 1 ice President and the seal of the Company mav be af'fixed by facsin�i(e on any power of attomey ��anted, an�i the s.isn�tu.r�oP t(7e 5ecretary or:\ssistant Secretarv and the seal of the Compant� tna}' be zfTixed by facsi.mile to an,r certi.ficate of atty �uch po�ver and �in}� sucl� pr�wer oP cei2ifcate bearing sucli fac�,imi(e si;uaturc and seaf s1�a11 be valid and bi��ding on the Conipany. Any such pt�wer so �xecu[ed anci sealed a,7d certi6rd l�y cerii6.catc so executed ��d sealed sh�il, tvith respeet to a.ny [�ond or undertakin�� to whict� ii i� attaclie�l, candnae to be valid and bindin��cm the Cornpar��." I'v �VITNESS 6t'�-1Ft',EUF 'i'1�CE CI'vC[N;VATI iIv�SC-.R:�NC:L- CO:��TF'.1NY"ha;caused tl�ese presen[s to he;ealed��•ith its corp��r�t� seal, dulti attcsked by its�5ce Presid�nt[liis tQ`'' cla� <�f 1�11}', 3012. �\�In3Yi� �� T}-IE CINCINN:IZ'.1 IN;SUIU�NCL C(?I�1P�'1:�Y' uy CORPORRTE 3 5 E A L � �-_��'' ' ,�+-�� ,� �HtO STiIT.G OF(.)(CIO �'ice i�resi�ent } ss: CUt.1NT1'OF BUTLER ) On this IU`''day of 1�fay, 2(}t2, be:f,'are a.ie camc tlle abo4e-named ti'ice Pnsi.dent ofTl�fE CrNCTNtiAT1 I�iSL;TtANC'E CC?h�iPr�NY, to nle persottally kn�ltn� t�be tEie officer dese:rihed lierein,and ackno�vledLed tl�at tLtc seal a�xed to the prececling instrument is tlte co�c�raie seal af said Cotltpan}' i1Dd tl�e Corporate seal at�d the si�latttre of t1�e officer �•oere dt�li• at'fzeci and subscribed to saici ;nstrt�ment by the authority and directic�n of saici c�rpor<�titm. ,��t�itrtnrrt�t r�'� (�1 A L �3 ;'��,Q�� y. z�� : --� =� � : �= . : _ = - -_ � � �Q�� MARK J.i-I LLER, Attorney at Law 4��'��,.�� NOTAflY PUBLIC-STATE OF�Hid i `��f f��vu�¢ date.Secfion 147.03 O.R.CP�ration I,thz�tldersi�=ned Se�ret��n-orAssiGtant�ecretarr c�fTl-(E CI\Ct;v';�.�TI TNSUR.qNCE CO'��TPt�i\�;hereb}�c.et-tify tliat the�3bt��c is 1 ttZie ancl cocrect c;o�y of th� (Jri�ina] Po�vzr nf Attorney issued hy ,atd (:ampan��, and do}i�reby .tuither�certiF�� diat the said Po�ver i:rf rlttorne4� is still in.ti�ll force and ct�ect. G!1'EN under m� laand and seal of said Company �t Fairfi�Id. Ohio. :hi;� day af //`w��iw��, � ��7 ��/t7'�' ' ��c� WRP{1RAlE �3 —.__ _ 1 / _ ` ___. _' ��A � � �'�ssistant 5c,crctan- 1 - , nH10 LJ�"I L>�� (�/�>� � '4C°� CERTIFICATE OF LIAB DATE(MMIDDM'YY) �..,� ILITY INSURANCE 9/10/2014 • 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 hoider in lieu of such endorsement(s). PRODUCER NAMEACT Li53 Mll211ET� CISR Hierl Insurance, Inc PHONE . (g20)921-5921 F� No: (920)921-6239 258 South Main Street E-MAi� .lmueller@hierl.com P. O. BOX H 4 9 � INSURER S AFPORDING COVERAGE NAiC p Fond du Lac WI 54935 iNSUReaa:Secura Insurance 2543 INSURED INSURER B: Central Restoration, LLC INSURERC: W7986 HY7y D INSURERD: INSURER E: � Oakfield WI 530 65 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1442400962 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 ADDL SUBR �7� TYPEOFINSURANCE POLICYNUMBER MMDIDY� MM/DDY� LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1�OOO�OOO DAMAGETO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence 5 5O�OOO A CLAIMS-MADE ❑X OCCUR X C3177700 �25/2014 /25/2015 MED EXP(Any one person) 5 10�000 X ISO Form.CG2037 PERSONAL 8 ADV INJURY 3 1,O00,O00 GENERAL AGGREGATE $ 2�OOO�OOO GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2�000�000 � POLICY X PRO- LOC $ AUTOMOBILE LIABILI7Y E�aBcideDtSINGLE LIMIT $ S OOO OOO A X ANY AUTO 80DILY INJURY(Per person) $ ALLOWNED SCHEDULED 3177701 4/25/2014 /25/2015 AUTOS AUTOS X BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY�DAMAC,E AUTOS Per accident $ Underinsured mororist $ 1 000 000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5�OOO�OOO A EXCESS LIAB CLAIMS-MADE AGGREGATE � 5�OOO�OOO DED X RETENTION$ 10,00 U 3177703 /25/2014 /25/2015 $ A WORKERS COMPENSATION X WC STATU- OTH- ANDEMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ ZOO OOO OFFICER/MEMBER EXCLUDED9 � N�A (MandatoryinNH) C 3177702 /25/2014 /25/2015 E.L.DISEASE-EAEMPLOYE $ 100 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $ SOO OOO A Installation Floater c3177700 04/25/14 oa/25/is g�,000,000Limit DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) � Project Name: Tunnel Deck Coating Wastwater Treatment Plant City of Oshkosh Additional Insured per attached endorsements. Umbrella policy additional insured status is provided as provided in the policy form CUP4550 0501. A copy of which is attached. CERTIFICATE HOLDER CANCELLATION • hmagrady@ ci.oshkosh,wi.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE PO�ICY PROVISIONS. City Clerk PO BOX �.130 - AUTHORIZED REPRESENTATIVE Oshkosh, WI 54903 C Christensen,CIC,CRM ACORD 25(2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved. IAICMC ion�nnc�n� r�... nrnon..............��...................a......�......�....t n�^non � B-9117858 TxE CINCINNATI INSURANCE COMPANY Performance Bond CONTRACTOR(Name, legal status and address): SURETY(Name,legal status and principal place of business): Central Restoration, LLC THE CINCINNATI INSURANCE COMPANY W7870 E Clark Road 6200 S. GILMORE ROAD Oakfield,WI 53065 FAIRFIELD,OHIO 450145141 OWNER(Name,legal Status and addiess): This document has important legal CITY OF OSHKOSH consequences.Consultation with an attomey is encouraged with PO BOX 1130 respect to its completion or OSHKOSH,WI 54903 modification. Any singular reference to Contrador,Surety,Owner or CONSTRUCTION CONTRACT other party shall be considered plural where applicable. Date: October 01,2014 AIA Document A312-2010 combines two separate bonds,a Amount: $42,250.00 Performance Bond and a Payment Bond, info one form. Description(Nanle and location): This is not a single combined Pertortnance and Payment Bond. Tunnel Deck Coating Wastewater Treatment Plant BOND Date(Not earlier than Construction Contract Date): OCtober 01, 2014 Amount: $42,250.00 Modifications to this Bond: ❑ None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Corporate Seal) Central Restoration,� THE CINC ATI INSURANCE C�J!YIPANY Signature: Signature: �^�UU,'�� Q,X.�G'� _ Name and Ti le: �j�� d� �� Name and Title: Lisa D Mueller-Olson Attorney-at-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY-Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer Hierl Insurance, If1C. or other party): P.O. Box 949 Fond Du Lac, WI 54936 The Company exeaxting this bond vouches that this document conforms to American Institute of A�hitects Doctunern A312,2010 Edition. S-2100-AIA A312 (11/10) PERFORMANCE BOND Page 1 1 The C�tractor and Surety,jointly and severally,bind themselves, their heirs, executors,administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after 1 the Owner fiist provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held widiin ten(10)business days of the Surety's receipt of ttie Owner's notice. If the Owner,the C�tractor and the Surery agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any, subsequently to declare a Contractor Default; .2 the Owner declares a Cantractor Default,ternunates the Canstruction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the C�tract Price in accordance with d�e terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the S�ety's expense take one of the following actions: 51 Arrange for the Contractor,with 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; 53 Obtain bids or negotiated proposals fram qualiifed contractors acceptable to the Owner for a contract far perforn�ance and completion of the Constructian Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,b be secured with performa�e and payr�ntbonds executed by a qua}fued suretyequivalentto the bands issied on�e Conshuction Contract,and pay to ihe Owner the amazntof damages as descr�ed'm Section 7 in exce�ofthe Balance ofthe ContractPrice ncurred by the(�vneras aresult ofthe ContractorDefaul�or 5.4 Waive its right to perform and complete, arrange for completion,or obtain a new contractor and with reasonable prompmess under the circumstances: .1 After investigatian,determine the amount f�which it may be liable to the Owner and,as soon as practicable after the amount is detern�ined,make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or m part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. The Company eacecuting this bond vouches that this document conforms to American Institute of Architects Document A312,2010 Edition. S-2100-AIA A312 (11/10) PERFORMANCE BOND Page 2 7 If the Surety elects to act under Section 5.1, 5.2 or 53, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Swety . shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated,without duplicatiari, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Constructi� Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Conh�act, actual damages caused by delayed performance or non-performance of the Contractor. 8 If the Surety elects to act under Section 5.1, 53 or 5.4,the Surety's liability is limited to the amount of tlus Bond 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its 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. 11 Any proceeding, legal ar equitable,under this Bond may be instituted in any court of competent jurisdiction in the location ui which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working ar within two years after the Surety refuses or fails to perform its obligatians under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the nunimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety,the Owner or the Contractor shall be mailed ar delivered to the address shown on the page on which the signature appears. 13 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 ar legal requirement shall be deemed deleted herefrom and provisions confornung 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 stat�ry borrl and notas a common}aw bond 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to�e Contractor of any amounts received or to be received by the Owner m settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default.Faihu-e of the Owner,which has not been remedied ar waived,to pay the Contractor as required under the Construction Contract or to perform and complete ar comply with the other material terms of the Consrtruction Contract. 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. 15 If this Bond is issued far 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 Contractar. The Company executing this bond vouches that this document conforn�s to American Institute of Ardiitects Document A312,2010 Edition. S-2100-AIA A312 (11/10) PERFORMANCE BOND Page 3 16 Modifications to�is 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 Campany: (Corporate Seal) Company: (Corporate Seal) Central Restoration, LLC Signature: Signature: Name and Title: Name and Title: Address: Address: The Company e�cecuting this bond vouches that this document confornis to American Institute of Ardvtects Documcnt A312,2010 Edition. S 2100-AIA A312 (11/10) PERFORMANCE BOND Page 4 � Tx� ct�vct�+�v:art r:v5c��rc:� c��r��.a�� F's��lr�t�, t>t�,� � ['04�'F..R OF.�TTORitiEY KtiO4�'�t.,l. Ni�N E3`� '1°(II��E ('KFSENTS:ThatTki�.C'I'�C[N�IA"tY I'�SliR:'�'.vt'E CCt?t�T1'r1i�Y,a cc7rpvratioE�c�r�,ai�izecl under tttt la�ts c�f tht State of Ol�i«. an�l h�virt� its princip�l ot�fice i« tt�e C'it4 c�t�Fairfitici, �hic�, dc��s hereby�cc�nstitute.u�d appvint Pennie Hildebrandt,Michael Hierl,Lisa D Mueller-Olson,Jodi Van Nocker,H.Thomas Hierl,Cathleen C Christensen, uC Fond Du Lac,WI its true�nd lati�fir!,�ttUrtt�:,�{s}-in-Fact to sian,�xecutc, seal and d�liver on its b�halt"�s`��retv, a��ct as its <ict and deed, any anti al[ bt�nds, poliei�s,t�ndertakings, nr fltli�r like instrtf�n�nts,as follows: Two Million Five Hundred Thousand Dollars and 00/100 ($2,500,000.00) 'C(�is appvintn�enl is made ttnder and t�v �ttrthoxit}� at'the fi�lic��s�•ing r�sc�lutic�n passac� t�y the Board o�nrrectors of�aid Comp�i�s� at a meeting held in thL principal e�t�ice c��t'tlae Cax��partv, a c�uorirrn b�:in�; pr�sent and v�otin�, on the 6": d�y� oi�1:)e�c�mber, 19�5, ��hic:h resnlutic�n is,tiil in et7'ect: ` ..R�S�LVED, ilaat tli� Presiden2 ar �ny� Vice [�resi�ent be her�:bi° ��ilS�rired, anii ernpc»�;r�d ta ��aint r��torn�ys-in- Faet of the C:i�n�pany [c� execut� �ny Emc� a(l bands, policies, undert�tcings, ��r c�tlt�r like instrumen�s on behalf c,1'the C'arp��ratic��a, and rnay aiithc�cize any atficer c�r anr such �tftc,n�ey-imE�act t<a affis the c�arporaza s�al; and may titi�ith or ti��ith�ixt cause nz�dify� or rev°ok:c any° �ucli apprsintn�ent c�r authoritv, r'1n�° su�h vvritina�so�tecuted by sui:la r`�Ctameys-ii�- Fact shail h� binding upon the Com�any ns if th�v had b�en dul; exec�ut�d �i�d acl.no�r°I�d�ed E�y t}�e r�:�*u1ar1�� elected �t�ic�ers �f Che C'amp3nti." � ` This Potivcr c�f�tCc�rn�,y i�sis?ned �n�1 seal�d by Pai;si�nile und�r and b}�tla� a�itf�c�rit_y crf thi fc�ll��,�in� [2esQl��tion adopt�t! by t�he 8c�ard i�f L)ir�ctc�r, af'th� C�m��ny at a rn4etinz c�u'1}�, calied and he]d esi� tl�e�`� cia�� f[)�ee�n[�er, 1�J73. `R_ESC3LVET), that t3ie si�>natiirc; of tl�c !'resit��t ae a V'ice Presi��nr anci the seal uf tEti: Ccatn�anti= ��ay be at�ixe�i by f'�esin�i(e c�n any p�n4°er of atiarn�w �r�nted, anci the s�isJiature c�f the 5�cr�:[�r� c�r ris�i�t�nt �ecretary an<! Ch�sedl <>f thL ("ompany tr��y �e �Ytix�c� t�y facs�i�nile tc� an�= ��rti�ie<it� of any such pc��v€r anci aa�> sz��ii pc,t��er vf c�rtificate bearin� such fa�5it��ile Si�nature and seal �taall be vati+� 1r}d hir�din<_ r�ri thc: C'c>n�p<�n�°. .��y such pc��+er so ex�ec�teci anc� seal�d artd �ertified b�-ccrtificat� aa executed anci seal�d shall, t�,fth re:s�ect tc�any t�i�nci ar un�iertakin<� ta wliic;lt it i� attact�ed, co�ndiaue i��r b� valid and bi�Tdin��n thc C:onlpan}�." � t':v N-'[7lVF.SS ti�'f3E:f2�:C)�,"l}{€:�[�C[ivT�IATI I�SGRAIv'C'f: C'C?1��1F'�1�;�'has c:atas�:d tt�e�e�r�sents tt�b�s�alzd��ith its cor�arate seal. ciidv�atTeSted by �ts�,`ice Preside��t t��is (Q`'' �la� ��t�+'�ab.'(?I2. 4 S1y#i� _ ;,u*'� �'• TFIE CItiC'INN.?�7'1 tN�1.Jlt�1NC� C{}f�9Y.1'�Y' t3 COltl'OIUITE � � SEAL - .: �,��-��`�,"�„-, �a _ ��.:.. an�o ' __._.._._ _� _. .._ __ _..___._______ �tce: Presidet�t S7'r1TE t)F()({It) 7 ss: �'C)[?�NTI'OF BUTLER } Cln tiiis ltl"'clay ot�ri1}�, 2t)l�',bef��re:me c�unc the abc�v�-nae�ned 1'ice F'resiclent t�f'"IiCf; C'INCIN'�;r�Ti I�i4L;It,aN{�'Ii C�(��tf?�1'��", to sne persc�nallti�kncz�a�tc�be th�afhcer de�irihed herein,ancl aekc3ic�ulec��ed t1�at th�sc�l af�ixcci io Tltc prEC�;dir�g r`x�str�une�rt is t1i�corporatir seal of said Company �ind �iae �;�rporate se�l and tl�c; si�nati�r� af'th� o�'acer �4�er� ctuly r�f�ixed at�d subsirit�ed ka said instrir�i3e�nt bv ths aixthc�rit�;and dire�tii�n vf said cc�rpc�ratioi�. �llHttlt�� *��R1�4� �� .�' .�'�/,�i, r: `�° � ,�3 �� y � • �. _........... . ._.V..........,. __._._. _...... ' ........._. .. .....,... . • � ........ '�� ,�t�r4,� MARK.1. H LLER Attorney at Law NOTARY AUBLIC-STATE Of OHtC} ��'"�r �„� My cammission has no expiration �� ,tjji»fttlf►M'" date.Sestian 147.03 O.R.C. 1.the unciersi�ncd Sec,r�.t,�r� t�r Ftssistar�t �ecrtt�3ry c�f .I.!IE Ct�C['�'��1TI I!VSC;I�.�ivC'E C(»1t'r�NY, herehF certify that tht<�hcn-c i; tt true and et�rre4k ca�y r�i�t3�t f")ri��in:�l ('oltier o£Attc�r�3�:ti is�t�ec� by ��cf C`c>m��an�, asi�i ei�� l�cr�t�y ft�rtltcr cc;nif� tlzat the saic� Pc�l}er c�f :'1Y�rrne» is stil! in f'ull ti7ree and ef`fcct. � C.ill%'EN u�3cc*r tn��1��tnd�nci ;�aC �f;s�i�1 Cc�mp,��ny at FairPi�ld, C)�i��. this dav t�#' �r,�4.tysa�� C.��'�r/ " • u��i3RALE 3 —.... — .___�. .._..__..._ —.__ ._. .._ _.__._ .._.......................�.__. z' S E A l � r1ti�3st�nt 4ec Fet��r� 4 ' • ONI*� ...� B':�-i?`h[�� .� `'l B-9117858 T� CINCINNATI INSURANCE COMPANY Payment Bond CONTRACTOR(Name,legal status and address): SURETY(Name,legal status and principal place of business): Central Restoration, LLC THE CINCINNATI INSURANCE COMPANY W7870 E Clark Road 6200 S.GILMORE ROAD Oakfield,WI 53065 FAIltFIELD,OHIO 450145141 OWNER(Name, legal Status and address): This document has important legal CITY OF OSHKOSH consequences.Consultation with an attomey is encouraged with PO BOX 1130 respect to its completion or OSHKOSH,WI 54903 modification. Any singular reference to ConVador,Surety,Owner or CONSTRUCTION CONTRACT other party shall be considered plural where applicable. Date: October 01, 2014 AIA Document A312-2010 Amount: $42,250.00 combines two separate bonds,a Performance Bond and a Payment Bond,info one form. DesCription(Name and loCation): This is not a single combined Performance and Payment Bond. Tunnel Deck Coafing Wastewater Treatment Plant BOND Date(Not earlier than Construction Contract Date): October 01, 2014 pmaunt; $42,250.00 Modificatians to this Bond: ❑ None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Corporate Seall Central Restoration' LC THE CINCI ATI INSURANC�CaMFANY Signature: � � . Signature: � �l.P� - �1J�_'�_ Name and Title:�;� /� �a,/f,� d��'�s. Name and Title: Lisa D Mueller-Olson Attorney-at-Fact (Any additional signatures appear on the last page of this Payment Band.) (FOR INFORMATION ONLY-Ncnne, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer Hierl Insurance, Inc. or other party): P.O. Box 949 Fond Du Lac, WI 54936 The Compa�y eeecuting this bond vouches that this document confornm to American Institute of Ardvtects Doaunern A312,,2010 Edition. S-2150�►IA A312 (11/10) PAYMENT BOND Page 5 1 The Contractor and the Surety,jointly and severally,bind themselves, their heirs, executors, adminish•ators, successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the - Construction Contract,which is incorporated herein by reference, subject to the following terms. 2 If the Contractor�romptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment far labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no O�er Default under the Constructon Contract,the Surety's obl'gation ri the Owner under�is Bond shall arise after the Owner has prompdy notfied the Contractor and the Su�ty(atthe addiess descr�bed 'n Section 13)of claims, demands,Iens arsuits agamsthe Owner orthe Owne�s properry by anyperson orentity seeking payr�ntforlabor,materials or equipmentfurnishedfaruse m the perfirmance ofthe Constnichon Contgctand tende�d defenseof suchclaims,demands, liens or suit to the Contractorand the Surety. 4 When the Owner has satisfied�e conditions in Sectnn 3,ihe Surety shall promptly and at ihe Surety's expense defend, mdemnifyand holdhannless the Oameragainsta duly tendered claim,demaid,lien orsuit. 5 The Surety'sobligations t�a Chimant under this Bond shall arise after the�llow�g: 5.1 Claimants,who do not have a di�ct contractwith ihe Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was,furnished or supplied or for whom the labar was done or performed,within ninety(90)days after having last 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 Chimants,who are employai by or have a direct contract with the Conh�actor,have sent a Claim to the Sure�(at the addressdescribed 'n Section 13). 6 If a not�e of noirpaymentrequired by Secton 5.1.1 is gven by�e Owner to the Contractor,that 's sufficient to satisfy a Claimant's obligation b fumish a written notice ofnon paymentunder Section 5.1.1. 7 When a Claimanthas sat'sfied the conditons ofSections 5.1 or5.2,wiiichever is applicable,fie Surety shallprompdy and at the Surety's expense take the folowmg actions: 7.1 Send an answerto the Claimant,with a copy b the Owner,within sixty(60)days after receipt of the Claffn,stating�e amounts that are undisputed and the basis fochallenging anyamounts thatare disputed;and 7.2 Pay or a�range forpayment ofany undispited amounts. 7.3 The Surety'sfailure�discharge 'ts oblgations under Sectbn 7.1 orSection 7.2 shall not be deaned toconstit�te a�aiver of defenses the SuEty orContractormay have oracquite as to a Clafrn,exceptas w uncLsputed amol.nts farwhich 1he Surety and Qaimarrthave reached agreemait If,however,the Surety&ils b discharge its oblgations under Section 7.1 orSection 7.2,the Sure�shall�deinnif�ihe Claimant for the reasor�able attorney's fees the Ch�nant incurs thereaf�r to recover any sums folmd b be due and owing t�the Claima�rt 8 The Surety's total obligation shallnot exceed ihe amount ofthis Bond,plus the amoint ofreasonable at�mey's fees provided under Sectnn 7.3,and the amomt ofthis Bond shallbe credited fir any payx�nts made in goodfaith by the Su�ty. 9 Amounts owed by the Owner to the Contactor under�e Construction Contractshall be used for the performance ofthe Constnzction Con�ract and b satisfy clains, �any,under any conshruction performance bond.B,�the Contractorfurnishing and the Owner accept�g this Bond,they agree thatall funds eamed by�e Contractor n the perfirmance ofthe Constnzction Contract are dedicated to satsfy obligations ofthe Contractorand Surety un�r this Bond,subject to the Owner's priorrty to use the funds far the complelion of the work. The Company eeecuting this bond vouches that this document confornm to American Institute of Architects Document A312,2010 Edition. S 2150-AIAy4312(11/10) PAYMENT BOND Page 6 10 The Suretyshall not be Iable b the O�vner,Claimants orothers fir oblgations of die Contractorthatare unrela�d to the Constniction Con�act.The Owner shall notbe liable forpayment ofany costs are�enses ofany Claimantunderthis Bond, and shall have unda this Bond no obligatmns to make payments b,orgive notice on behalfif,Claffnants orotherw'se have . any oblgations to Claimants unc�r this Bond 11 The Suretyhereby waives notice ofany chan�,including chaiges oftime,to the Constructnn Contract or to rela�d submntracts,purchase orders and otherobhgations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a coiu�t of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is lorated or after the e�iration 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, ar(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Constructi�Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum perial of limitation a�ailable to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety,the Owner ar 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 canstruction was to be performed,any provision m this Bond conflicting with said statutory or legal requirement shall be deemed cleleted herefrom and provisions confornung to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Band 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 ftunish a copy of this Bond or shall pernut 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,ar materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labar,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 labar 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 fiunished 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 l�aving 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�at 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 Constructian 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 the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. The Company erecuting this bond vouches that this docurrent conforms to American Institute of Ardute�ts Document A312,2010 Edition.S S 2150-AIA A312(11/10) PAYMENT BOND Page 7 16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay�e Contractor as required under the Canstruction Contract ar 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. 17 If 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 coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Central Restoration,LLC Signature: Signature: Name and Title: Name and Title: Address: Address: The Company ececuting this bond vouches that this document conforrrn to American Institute of Architects DoQUnent A312,2010 Edition. S 2150-AIA A312(11/10) PAYMENT BOND Page 8 THE CINCINNATI INSURANCE COMPANY Fairfield,Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY,a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield,Ohio,does hereby constitute and appoint Michael Hierl; H. Thomas Hierl; Pennie Hildebrandt; Lisa D. Mueller—Olson; Cathleen C. Christensen and/or Jodi Van Nocker of Fond du Lac, Wisconsin its true and lawful Attomey(s}-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed,any and all bonds,policies,undectakings,or other like instruments, as follows: Any such obligations in the United States, up to �ao Million Five Hundred. Thousand and No/100 Dollars ($2,500,000.00) . This appointment is made under and by authority of the foltowing resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6"' day of December, 1958, which resolution is still in effect: "RESOLUED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any o�icer or any such Attorney-in-Fact to affix the cotporate seal; and may with or without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7�'day of December, 1973. "RESOLUED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary o�'�Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WI�REOF,TI�CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this lOw day of May, 2012. cc�u IpYr�n. . � 0 THE CINCINNATI INSURANCE COMPANY ii CORPOR�iE 3 sEa� � .� ��-��- A r OHjO . Vice President STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 10"'day of May,2012,before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein,and aclrnowledged that the seal affixed to the preceding instnunent is the corporate seal of said Company and the corporate seal and the signature of the o�icer were duly affixed and subscribed to said insri-ument by the authority and d'uection of said corporation. .�•``'�Ri A k"�'°�., •�` A s �, .•`p'� �`7 � : <' •_ � / 's '� :* s � 'F� � 4 O�3 MARK J. H LLER,Attorney at Law •t��'�� NOTARY PUBLIC-STATE OF OHIO �i��•/�, Q�� My commission has no expiration E of �,.► date.Section 147.03 O.R.C. °��,,wa�w+ I,the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSUR ANCE COMI'ANY,hereby certify that the above is a true and correct copy of the Original Power of Attomey issued by said Company, and do hereby further certify that the said Power of Attomey is �ti�l in full force and effect. GIVEN �mder my hand and seal of said Company at Fairfield, Ohio. *.his day of , k.�'�J'!D�'� _e��4�w7Mr�'f � � �f;��wTE,a Assistant Secreta SEAL� ry � o�,s BN-10U� �.i/12)