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Home My WebLink AboutPW CNT 15-07/PTSCITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX (920) 236-5068 LETTER OF TRANSMITTAL Please find: � Attached ❑ Under Separate Cover ❑ Copy of Letter � Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested Remarks: ❑ For Review � Comment Enclosed is a copy of the executed construction contract for Contract 15-07 If you have any questions, please contact us. City Clerk's Office — Original cc: _ File — Original Signed: Tra . Taylor I\Engineering12015 CONTR4CTSN5-01 Misc Sewer Relays�Projecl_Information\Carrespontlence\LOTS\15-07 PTS LOT-Eeemtetl Const Contrad_6-2645.dou CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 24th day of June, 2015, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PTS CONTRACTORS, INC., 4075 Eaton Road, Green Bay, WI 54311, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE L SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitied or described as follows: Public Works Contract No. 15-07 for utility repairs and installation/various locations, for the Public Works Department, pursuant to Resolution 15-302 adopted by the Common Council of the City of Oshkosh on the 23rd day of June, 2015, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE �I. 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 Special Conditions and/or CONTRACTOR's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of $1,762,375.07, adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a"Unit Price" basis, the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance o# the Contract the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. In the event that any provision in any of the above component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component partwhich foilows it numerically except as may be otherwise specificaliy stated. IT IS HEREBY DECLARED, UNDERS700D AND AGREED that the word "CONTRAGTOR" wherever used in this Contract means the party of the second part and its/his/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: �, l/�� 1 , ,_!i!. ll Corporate Secre (Seal of Contractor if a Cor�oration.) �� ity Atto ey CONTRACTOR PTS C TRACTOR , INC. By: Presi nt (Specify Title) � (Specify Title) CITY OF OSHKOSH By: _ ��—�{r�d�-�-f-�� Mark A. Rohloff, City Manager R. Ubrig, City I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract �y � ��'^ `7 �� 1 l% v ':,�.l.�Yf City Comptro(ler PTSCONT-01 SARMALKARPR A��R� CERTIFICATE OF LIABILITY INSURANCE DA6I�%IYOISYY) 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 Willis Certificate Center � — NAME Willis of Wisconsin, Inc. ` P"�"E /877 945-7378 � F'ix 888 467 2378 c/o 26 Centur Blvd = jZ�CL-IVED La� No Ez[):_1 ) _ ._ �nrc Ne� (_ � y •- E-MAIL �ertificates@willis.com P.O.Box 305iJi qDDRESS._. Nashville.TN37230•5191 -�� -��- �� 2 4 2015 �� ir+suReo PTS Contractors, Inc. 4075 Eaton Road Green Bay, WI 54311 DOSHKOSN W�5 .W�S NS INSURER�S)AFFOROING COVERAGE __ _ xea n: BITCO General Insurance Corporation eea e: Hanover Insurance Company INSURER C : DVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFV 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 ANV 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 BV PAID CLAIMS. TYPE OF INSURANCE INS[ X � COMMERGIALGENERALLIABILITY . �_I CLAIMS-MADE ' X OCCUR X J _. GEML AGGREGATE LIMIT APIPLIES PER: POLICV � jEC�T `� LOC OTHER'. AUTOMOBILE LIABILITY A X ANV AUTO X ALLOWNEO SCHEDULED AUTOS AUTOS NON-OWNED HIREDAUTO$ AUTOS x UMBRELLA LIAB X OCCUR (� IE%CESS LIAB CLAIMS-MADE X . . 1—T_.. I. �' �� DED X �I RETENTION$ �O�OOO WORKERSCOMPENSATION AN� EMPLOYERS' LIABILITY Y I N A ANV PROPRIETOR�PARTNEWEXECUTNE �� ncFit'raim[ua[aFxr.iiinFm I h I NIA g �Builders Risk .CLP 3 606 582 3 606 583 2 805 469 WC 3 606 581 919132503 u%nanu�a�o�nunu�$ LIMIT$ EACHOCCURRENCE �$ DA�AGE N EO PREMISES(Eaoccurrencel '� $ MEO E%P (Any one parson) $ PERSONAL 8 ADV INJURV $ GENERALAGGREGATE $ PRODUCTS-COMP/OPAGG $ — _" $ COMBWE�SINGLELIMIT $ Ea accitlent O�/iOI2Oi4 O�IiOI2OiS BODI�VINJURV�Perperson) $ BODILYINJURV�Pe�accident) $ PROPERTYDAMAGE $ Peraccitlent $ � EACHOCCURRENCE � O7/tO/2O1A O7/1OI2O1S qGGREGATE I X PER STATUTE I 07/10@014 O7NO/2O1S � E.L. EACHACCIDENT E L DISEASE - EA EM E.L. DISEASE - POLIC 07/10/2074 07/10/2015 See Attached �OQ00 ��00' DESCRIPiION OF OPERATION51 LOCATIONS I VEHICLES (ACORD 101, Atlditional Remarks ScM1edule, may be attacM1etl if more apace is required) lob Name: Ci[y Contract #15-07 — Utility Repairs antl Installation at various locations. :ommercial Generel Liability inclutles UtiliTy Contractors Extended Liability Coverage Endorsement GL3085 09 11 which provides Contrectors Automatic \dditional Insured coverage - Ongoing and Completed Operations - Primary and Noncontributory when required by a written contrect and Automatic Waiver >f Subrogation when required by a written contract executed prior to loss. 3usiness Auto policy includes Additional Insured Endorsement A2931 71 99 any person or organization agreed by the Named Insured by written insured :ontract is an Additional Insured. iEE ATTACHED ACORD 101 City of Oshkosh 2'IS Church Avenue PO Box 1130 SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICV PROVISIONS. AUTHORI2ED REPRESENTATIVE �� __�'� �O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD / 1 ACORO �/ AGENCY Nillis of Wisconsin, Inc. POLICY NUMBER iEE PAGE 1 CARRIER iEE PAGE 1 HUUI I IVIVHL AGENCY CUSTOMER ID: PTSCONT-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE NAIC CODE SEE P 1 NAME�INSUREO PTS Contractors, Inc. 4075 Eaton Road Green Bay, WI 54311 EFFECTIVE DATE:�S THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabiliry Insurence ___ SARMALKARPR Page 1 of 1 Description of Operations/LocationsNehicles: Umbrella Policy includes Changes - Other Insurance - Additional Insureds endorsement CUP 0316 01 11 -(Primary and Noncontributory Additional Insured when agreed in a written contract or written agreement executed prior to loss). City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are included as Additional Insureds as respects the General Liability, Auto Liability and Umbrella Liability policies per the above referenced attached endorsements. A 30-day Notice of Cancellation in favor of the City of Oshkosh applies to the General Liability, Auto Liability, Umbrella Liability and Workers Compensation policies per attached GOX-2287-CN 0193. ACORD 101 (2008/01) c� zuua a,wrtu wKruK.a i wrv. nu ngncs reservea. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE: Builder's Risk Limit at any one location: $2,500,000 CARRIER: Hanover Insurance Company Limit per disaster: $2,500,000 POLICY TERM: 711 012014 — 711 0I2015 Transit Limit: $200,000 POLICY NUMBER: IH1 9191325 03 POLICY TYPE: Installation Floater Limit at any one location: $200,000 CARRIER: Hanover Insurence Company Limit per disaster: $400,000 POLICY TERM: 7I10/2014 — 7110/2015 Limit at temporary location: $200,000 POLICY NUMBER: IH1 9191325 03 Trensit limit: $200,000 THIS ENDORSEYIENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. UTILITY CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsemen[ modities irsurance provided untler ihe tollowing: LIABILRV COVERAGE FORM It is agreed thal ihe provisions listed below apply only upon the eniry of an QX in the 6ox next to ihe caption ot such provisioa � A. � Partnership and Join� Venture Extension M. � Construction Project General Aggregate Limiis B. 0 Gomrectore Automatic Additional Insured Coverape — Ongoing Operations C. �X Automatic Waiver ol Su6rogation D. QX Fxiended Notice ot Cancelialion, Nonrenewal E. � Unintentional Failure to Disclosa Hazards F. � Broadened Mobile Equipmen� G. � Personal and AdveAising Injury - Coniractual Coverage H. QNonemploymentDiscrlmina�lon I. Q Liquor Liability J. � Broadened Conditions K. �AutomalicAdditionallnsureds—Equipment Leases L. QX Insured Contract F�tension - Railroad Properry and Construclion Contrec[s N. QX Fellow Employee Coverage O. ❑ Property Damage to Ihe Named insured's Work P. � Care, Custody or Conirol �. QX Electronic Daia Liability Coverege R. � Consolideted Insurance Program Residuel Liabiliry Coverage S. 0 Automatic Additional Insureds—Managers or Lessors ot Premises T. Q Automatic Additional Insureds — Stete or Govemmental Agency or Political Subtlivisions — Permiis or Authorizetions U. QX ConiractorsAUtomaticAdditionellnsured Coverage — Complated Operations V. QAdditionallnsured—Engineers, Architectsor Surveyors 0. PARTNFASHIPANDJOINTVENTUREEXTENSION The following provision is added to SEC710N II- WHO IS AN INSURED: The last full paragreph whlch reads as follows: No person or o�ganization is an insured with respect to the conduct of any cuvent or past parNership, joiM veniure or limtted liability company that Is not shown as a Named Insured in the Declerations. is deletad and repleced with ihe toliowing: With respect to ihe conduct of any past or present joint venture or parinership not shown as a Named Insured in the Dedarations and of which you are or were a patlner or member, you are an insured, but onry with respect to liability arising out of 'your work' oo behal( ot any partnership or joint venture not shown as a Named Insured in ihe Declarations. provided no other similar liability GL-3085 f09/111 -1- insurance is available to you for'your work° in connection with your interest in such parinership or joint veNUre. B. CONTflACTORSAUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOING OPERA710N5 SECl70N 11 — WHO IS AN INSURED is amended to includa es an edditional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to iiabiliry for'6odily inlury', 'property damage' or'personal and advertising injury' caused, in whole or in pad, by: 1. Your acis or omissions; or 2, The acis or omissions ot those acting on your behalf; in the pedortnance of your ongoing oparations for the additionel insured(s) at the project(s) designeted in ihe written contrect. With respect to Ihe insurance attorded to these addifional insureds, 1he following additional exclusions aPPN This insurance tloes not apply lo'bodiy injury' or'properry demage' occurring afler. 1. All work, inclutling materials, parls or equipment tumished in connection with such work, on the prolect (other than service, maintenance or repairs) to be performetl by or on behalf oF the additional insured{s) at ihe location ot the covered operations has been completed; or 2 That portion ot 'your work" out ot which the injury or demage enses has been put to its intended use 6y any person or organization other Ihen anmher contractor or subconiractor enqaqed in pedorming operetlons for e principal as a part of the same project. This insuranca is excess of all other insurance aveilable to the eddRionai insured, whathar primary, excess, contingent or on any other basis, unless the written coniract requires this insurance to be primary. In [hat event, ihis insurance will be pnmary relative to insurance policy(s) which designate iha additional insuretl as a Named Insured in ihe Declarations and we will not require confibution fmm such insurance if the written contract elso requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualHies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVEH OF SUBHOQATION Item 8. ot SECTION N- COYYERCIAL GENERAL LIABILITY CONDfiIONS, is deieted and rep!aced wi�h ihe foilowing: & Trenafar of Rlghb of flecowry Agal�qt Othxs to Ua aM Automadc Walvaz of Subrogatlon. a. I� the insuretl has rights to wcover all or patl o} any payment we hava made under this Coverage Form, those righis are hansferted to us. The insured must do nothing atter loss to impair ihose righis. At our request, ihe insured will bring'suiP or transfer those rights to us and help us enforce ihem. b. If required by a wrinen contred executed prior to loss, we waive any right ot recovery we may have egainst any person or orgenization because oi payments we make br injury or damege arising out of'your work" tor ihat person or organizaiion. D. EXTENDED NOTICE OF CANCELLATION, NONHENEWAL Item AS.b. ot the COMMON POLICY CONDRIONS, is deleted and replacad with the following: A2b. 60 tlays betore ihe etfeciive date of ihe cancellation ii we cancel for any other reason. GL-3085 (09/11) -2- Item 9. of SECTION N- CONMERCIAL GENERAL UABILffY CONDITIONS, is deleted and replaced with !he following: B. � WHEN WE DO NOTRENEW a, if we choose to nonrenew this policy, we will maii or deliver to the first Named Insured shown in the �eclarations writtan notice of the nonrenewal not less Ihan 60 days befora ihe expiretion date. b. B we do not qive notice ot our iNent to nonrenew as prescn6ed in e. above, it is agreed ihat you may e�ctantl Ihe panod of ihis policy for a maximum additional sixly(60) days from its scheduled expiration date. Whare noi othervvisa prohibited by law, ihe existing terms, conditions and rates will remain in eftect during that extension pedod. It is fariher agreed that so long as it is no� otherwise prohibited by lew, lhis ona time si�y dey extension is ihe sole remedy and liquidatetl damages available lo the insured as a result of our faiWre to give ihe notice as prescnbed in 9, a. a6ove. E UNINTENTIONAL FAILURE TO DISCLOSE HAZAHDS Aflhough we relied on your representations as to exisiing and past hazards, if unintentionally you should fail to disclose all such hazards at ihe inception date ol your policy, we will not tleny covereqe under this Coverage Form heceuse of such failure. F. BROADENED NOBILE EQUIPMENT Item 12.b. o( SEC710N V- DEFlNIilONS, is deleted and replaced with iha following: 12b. Vehicles meintained fo� use soley on or next to premises, sites or localions you own, rent or occupy. O. PERSONALANDADVERTISINGINJURY-CONTBAC7UALCOVERAGE Exclusion 2.a. af SECTION 1, COVERAGE B is deleted. H. NONEMPLOYMENT DISCHIYINA770N Unless'personal and advertising injury" is excluded from ihis policy: Item 14. ot �C110N V- �EFlNRIONS, is ementled to include: 'Personal end advertising injury' also means embarressment or humiliatlon, mental or emotional disiress, physical illness, physical impairmen�, loss of earning capacity or monetary loss, which is caused hy'tliscrimination' SECTION V- DEflNITIONS, is amended to inclutle: 'Discrimination' means the unlawful heetmen[ of individuals bflsed on race, color, ethnic origin, age, gender or religion. flem 2. Exolualons of SECTION I, COVERAOE B, is amendad to include: 'Personel end advertising injury' arising out of 'discrimination' direc[ly or indirectly reiated to ihe past employment, empioymant or prospective employment of any person or class of persons by any insured; 'Personal and adaertising injury" ansing out of 'discrimination' by or at your, your agenis or your 'smployeas' direction or with your, your agenfs or yo¢r'employees' knowledge or consent; GL-3085 (09/111 -3- "Parsonal and adveriising injury" ansing out of 'tliscrimination' directly or indirectly related to the sale, rental, lease or sub-lease or pmspedive sale, rental, lease or sub-lease o� any dwelling, permanent lodging or premises by or ai the direction of eny insured; or Fines, penalties, specific pedormance or injunctions levied or imposed by a govemmental eMity, or govemmantal code, law, or stalute 6ecause of "discrimina�ion.' I. LIOUOR LIA8ILRY E�aluaion 2.c. of SEC110N I, COVERAGE A, is deleted. J. BROADENED CONDI7'IONS Items 2a. end 2.b. ot SEC7lON N- CONMEHCUIL GENEHAL LIABILIiY GONDfT10NS, are deleted antl replaced with the tollowing: 2 Dutla In irie EveM Ot Oeeurtsnce, Oflense, Clain Or Sull: e. You must see 10 it �hat we are noUfied of an'occurrence' or an oflense which may result in a claim as soon as practicable afler the 'occuvence' has been reportetl to you, one of your oflicers or an'employee' designated to give notice to us. Notice shoultl inGUde: (1) Hav, when and where the "occurtence" or oflense took place; (2) The names and eddresses of any injured persons antl witnesses; end (8) The nature and location ot eny injury or damage arising out of ihe bccurtence' or ottense. b. It a claim is made or "suiY is brough� against airy insured, you mus[: (7) Record ihe specifics of ihe claim or'suiY and ihe date received as soon es you, one ot your officers, or an'employee' designated to record such intormation is notifed of d; and (2) Notity us in wrRing as soon as pmcficable afler you, ona of your oflicers, your legel departmen� or an °employae' you designate to give us such notice leams of ihe clalms or'suiY item 2.�. is added to SECTION IV - COMMEHCIAL OENEFiAL W181LfTY CONDIilON3: 2.e. If you report en 'occurrence' to your workers compensalion insurer which tlevelops into a liabiliry daim for which wverage is providetl Uy the Coverage Form, tailure to report such'occurrence' to us at the time of 'occurrence' shall not be deemed in violation of paragraphs 2.a, 2.6., and 2.c. Howsver, you shall give wriflen notice of this'occurrence' to us as soon as you are mede aware of the tact that ihis 'occurrence" may be a liability claim rather than a workers compensation claim. K. AUTOMATIC ADD(TIONAL INSUREDS - EOUIPNENT LEASES SECTiON 11 - WHO IS AN INSUflED is amended to include any person or organization with whom you agree in a wriflen equipment lease or rental agreement ro name as an additional insured with respect to tiebility for'bodily injury', 'properry damage' or'personal and edvehising injury' caused, at least in part, by your maintenance, opera�ion, or use by you of ihe equipmen[ leased to you by such parson or organizabon, subject to the following additional exclusions. The insurence provided to ihe edditionel insured does not apply to: 1. 'Bodity injury' or'properly damage' occurring after you ceasa leasing the equipment. G1-3085 (09/17) -4- 2. "Bodily injury' or'property damage" arising out of ihe sole negligence of the addiGonal insured. S. 'Properry damage"to: a. Properry owned. used or occupied by or rented to ihe atlditional insured; or b. Property in the care, custody or conUol of the additional insured or over which [he additional insured is tor any purpose axercising physical wntrol. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, wntingeM or on any other basis, unless the writlen contract requires ihis insurance to be primary. In thet event, this insurance wiil be primary relative to insurance policy(s) which designate ihe additional insured as a Named Insured in the Dedarations and we will not raquire contribution from such insurance if the wriUen contract also requires ihat this insurance 6e non-contributory. But with respect to all other insurance untler which the addilional insured qualities as an insured or edditional insuretl, this insurance will be excess. L. INSURED CONTAACT EXTENSION - RAILROAD PROPERTY ANO CON57AUCTION CONTRACTS Item 9. ot SECTION V- DEFlNITIONS, is deleted and replaced with ihe following. 9. 'InsuredContrecPmeans: a. A wntract for a lease of premises. However, that portion of the comract br a lease of premisas ihat indemnifies any person or organization for damage by fire to premises while ranted to you or tamporarily occupiatl by you wiih permission of the owner is not an 'insured contrecP; b. A sidetrack egreement; c. My easement or license agreemeN; � d. M obligation, as required by ordinance, to indemnify a municipality, except in conneclion with work for a municipality; e. An elevetor maintenance agreement; L That part oi any other contract or aqreement pertaining to your business (including an indemnificalion of e municipaliy in connection with work perlormed for a muNCipality) under which you assume the tort liahiliry of another party to pay tor 'bodily injury' or "property damage' to a thircl person or organization. Tort liabiliry means a liabiliry that would be imposed by law in Ihe a6sence of any coniract or egreemBni. Paragraph 1. does not includa ihat part oF any contract or agreement: (1) Thet indemnifies an architect, enginesr or surveyor for Injury or damaga arising out of: (e) Prepanng, approving, or failing to prepare or approve, maps, shop drawings, opinlons, reports, suNeys, field ortlere, change orders or drawings and speciticetions; or (b) Giving directions or insWctions, or failing to give ihem, if that is the primary cause of the injury or damage; or (2) Under which Ihe insured, it an architect, engineer or surveyor, assumes liability lor an injury or damage arising out of Ihe insured's rendaring or failure to render professional services, including those listed in (1) above and supervisory, inspection, erchitecturel or enginaering activities. GL-3085 (�9l111 -5- M. CONSTRUCiION PROJECT GENERAL AGGHEGATE LIMRS This modities SECTON III - LIMITS OF INSUflANCE. A. For sll sums which can be attributed onty to ongoing operations at e single construction project for whlch Ihe insUred becomes legelly obligeted to pay as damages caused by an'ocwrrence' undar SECiION I- COVERAGE A, and for all medical expenses caused by accidents under SECTION I -COVEAAGEC: 1. A separete Construction Projed General Aggregate Limit applies to each construction project, and that limit is equal to iha amount of the General Aggregate Limit shown in ihe Declaretions. � 2. The Conshuction ProJect General Aggrepate Limii is ihe most we will pay tor ihe sum o} all damages under COVERAQE A, except damages because of 'bodily injury' or 'property damage' included in the'produciscompleted aperations hezard,' and tor medical expenses under COVFAAGE C ragaidless of the number of: a Insureds; b. Cleims made or'suils' broughl; or a Persons or organizations making claims or bringing "suits' 9. Any payments made under COVETiAGE A tor damages or under COVERAGE C for medlcal expenses shflll reduca the Consimction Project General Aggregate Limit for that consiruction project. Such payments shall not reduce the General Aggragate Limit shown in ihe Declarations nor shall they reduce any other Constmction Project General Aggregate Limit tor any oiher constmdion project. 4. The limits shown in ihe Dedarations for Each Occurrenca, Fire Damage and Medical E7cpense con6nue to apply. However, insteed of being subject to the General Aggrega�e Limit shown in the Declarations, such limits wiil be subject to the eppliceble Consiruction Project General Aggregate Limit. B. Por ail sums which cannot ba anribNed onry to ongoing operations at a single consimction project tor which the insured becomes legally obligated to pay as damages caused by an 'occurtence' under SEC7lON I- COVERAGE A, and for all medical expenses caused by accidents under SECTION i - COYERAGE C: 1. My paymenis made untler COVEHAOE A for damages or under COVEfiAGE C tor medical expenses shall reduce the amount evailable under the General Aggregate Limii or the Produc(s-Comple[ed Oparations Aggregaie Limit, whichever is applicable; and 2. Such payments shali not reduce any Consiruction Project General Aggregate Limit. C, Paymenis for damages 6ecause of "bodily iniury' or'property damage' included in the'produds- completed operafions hazard' will reduce the Products-Completed Operations Aggregate Limit, and not reduce Ihe General Aggregate Limit nor the Constmction Project Ganeral Aggregate Limit. U. fl a conslrudion project has been abandoned, delayed, or abandoned and then restarted, or if the authorized coNrflcSng panies deviate irom plans, blueprinis, designs, specifications or timetables, the project will still be deemed to be the same consimction project. E. Tha provisions ot SECTION III - LII�YTS OF INSUHANCE not otherwise modified 6y ihis endorsement shalt wntinue to be applica6le. N. FELLOW Eh�LOYEE COVERAOE GL-3085 (09H i ) -6- Eulusbn 2e. Employers l.fabllity of SECTION I, COVERAOE A, is deleted and repleced with ihe following: 2.e. 'Bodilyinjury'to (1) An "smployee' of the insuretl arising out of and in ihe crourse of: (a) Employment by ihe insured; ar (b) Performing duties related to the wnduct of the insured's business; or (Z) The spouse, child, pareN, brother or sisier oi that'employee' as a consequence of paragraph (1)a6ove_ This exciusion applies: (1) Whether the insured may be liable es an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insurad under an'insured contracP; or (2) Liability arising from any action or omission ot a co-°employse" while that co'employee' is eithar in ihe course ot his or her employment or pertorming duUes related lo the conduct of your business. Item 2.e. (t)(a) ot SEC710N 11- WHO IS AN INSUHED, is deleted and replaced with the tollowing: 2a. (tga) To you, to your padners or members (if you are a partnership or joint venWre) or to your mambers (if yoa are a limited liabiliry company), or to your Yoluntcer workers' while pedorming duties relaied to the conduct ot your business. O. PROPEHTY DAMAGET07HE NAMED INSUREDS WOHK Exelusion I oi 5EC710N 1, COVERAGE A. is delsietl and replaced wilh tha tollowing: I. Damage to Your Work 'Property damaqe' to 'your work' erising out of ii or any part o� it and included in the 'producis completed operatlon hazard." This exclusion applies onty to ihat portion ot any loss in excess of $50,000 per occunence i1 the damaged work and ths work out of which ihe damage arises was performed 6y you. This exclusion doas not appty ii the damaged work or the work oui ol which the damage anses was perlormed on ycur behalf by a subconfractor. P. CAHE, CUSTODY OR CONTROL Exohulon 2.J.4 of SEC710N I, COVEHAGE A. is deleletl and replaced with ihe following: 2.J.4 Personal properry in ihe cere, custody or contml of ihe insured. However, tor personal properry in the care, custody or cantrol ot you or your'empioyees,' ihis exdusion applles onty to that poAion ot any loss in excess of $25,000 per occurrence, subjed to the following terms and conditions; GL-3085 (09/711 � -7- (e) The most that we will pay under this provision as an annual aggregate is $100,000, regaMless of ihe number ot occuvences. (b) This provision doas not apply to °employee' owned propery or any pmperty thet is missing where there is not physical evidence to show what happened to the property. (e) The eggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III - LIMfTS OF INSUMNCE is changed accordingly. (t� In the event of damage to or desiruction of property covered by ihis exwption, you shall, if requested by us, replace Me properry or turnish ihe labor and materials necessary for repairs thereto, at acival crost to you, exclusive of prospedive profit or overhaed charges ot any nature. (s) S2,500 shall be tletlucted irom Ihe tota� amount of all sums you became obligated to pay as damages on account of damage to or desiruction oi all property of each person or organization, induding the loss of use of �hat property, as a result of each 'occurrence.' Our limit oi lia6ility under ihe endorsemant as baing applicable to each 'occurrence' shall be reduced by �he amouni of ihe deductible indiceted above; however, our aggregate limit ot Iiebiliry under ihis provision shall noi be reduced by ihe amount oi such deducGbla. The conditions ot ihe policy, induding those with respect to duties in the event of'occurrence; daims or °suiP apply irrespective of tha application of the deductibla amount. We may pay any part or all of ihe deductible amoun[ to effect setliement of any claim or "suiY and, upon notification of ihe action taken, you shall promptly reimburse us for such pert ot the deductible amount as hes been paitl by us. Q. EIECTRONIC DATA LIABILffVCOVERAGE Exduelon 2�. Electronk Data of SECTION I, COVERAGE A, is daleted and replaced with the tallowing: 2p. Damages atlsing out of the lass of, lass of use of, damege to, corruption o(, inabiliry to access, or inability to manipulate "elecironic data'that dces not result from physical injury to tangible property. 2. The foliowing definition is addad to SECTION V—DEFINfT10NS: "Electmnic data" means infortnation, facts or pmgrams stored as or on, creeted or used on, or transmitted to or hom compu�er sottware (including systems and applicetions sottware), hard or floppy disks, CD-ROMS, tapes, tlrives, celis, data processing tlevices or any other medla which are used with elecironically controlled equipmenf. 3. For the purposos of this coverage, the definition of "pwpeny damaga" in SEC710N V— DEFINITIONS is replaced by the following: "Property damage" means- - e. Physical injury to tangible property, including ell rasulting loss of use of thet Droperry. All such loss of use shall be deemed to occur at the time of the physical injury that caused il; b. Loss o1 use o1 tangibie property Ihat is not physically injured. All such loss ot use shall be deemed to occur at the time ot the "occurrence° ihat caused it; or c. Loss of, loss oi use of, damage to, corruption of, inability to access, or inability to propedy manipulate 'electronic data', resulting from physical injury to tangible property. NI such loss of °eladronic data'shall be deemed to occur at the time of the'occurrence' that caused it. For the puryoses of this insurance,'electronic data' is not tangible property. GL�085 (09/17) -8- R. CONSOLIDATED INSURANCE PROGRAM RESIUUAI LIABILf1Y COVEflAGE With respacl to "bodily injury", "propetly damage", or'personal and adverlising injuy' arising out ot your ongoing operatfons; or operations included within the'pmducts-completed operxlions hazard", ihe policy to which this coverage is attached shatl apply as axcess insurance over coverage available to 'you" under e Consolitlated Insurance Program (such as en Owner Controlled Insurance Pmgram or Contracrors Controlled Insurance Progrem). Coverage aflorded by this endorsement does not apply to any Consolidated Insurance Pmgram invoNing a`residenlial projecP' or any deductible or insured reientioq specified in ihe Consolidated Insurance Program. The tollowing is added fo Section V— Definitions ' "Residential projecY' meens any project whera 30% or more ot the totel square toot area of the stmctures on Ihe project is usad or is intended to be used for human residancy. This includes but is noi limited to single or mulMemily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant stmctures (induding pools, hot tubs, detached garages, guest houses or any similar stmctures). A"resideNial proJecY' does not include military owned housing, coliege/universiry owned housing or dormitones, long term care facilities, hota�s, motels, hospitals or prisans. All other terms, provisions, excWsions and limitations ef this policy apply. S. AUTOMA7IC ADDRIONAL INSUREDS - MANAGERS OR LES50H5 OR PREUISES SECTION 11— WHO IS AN INSURED Is amended to include: Any person or oraanization with whom you agree in a writlen contract or wntten agresmeni to name as an additional insured b�t only with respect to liability ensing oui of ihe ownership, maintenance or use ot ihat part of ihe premises, designatad in ihe wrdten contract or written agreement, that is leased to you and subject to the tollowing additioaal exclusions: This insurence does not apply lo: 1. Any °occurrence" which takes place afler you ceese �o be a tenant in that premises. 2. Strudural atterations, new consVUCtlon or demolition operetions pedormed hy or on behalf of the additional insured listed in the written contract or wrinen agreement. This insurance is excess of all other insurance available to tha addiGonel insured, whether primary, excess, contingent or on any other besis, unless the writlen conirect requires this insurence to be primary. In ihat avent, this insurance will be primary relative to insurance policy(s) which designaie the add'Aional insured es a Nemed Insured in the Declaretions and we will not require wniribution irom such insurance if the written contract also requires that ihis insurance be noncontnbutory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, ihis insurence will be excess. T. AUTOMATIC ADDRIONAL INSUREDS — STATE OR GOVEANMENTAL AGENCY OR POLITICAL SUBDIVISIONS — PERNfTS OH AUTHORQATIONS SEC710N 11 — WHO IS AN INSUHED is amended to include any state or govemmenial agency or subdivision or political subdivision with whom you are requlretl by wdflen coniract, ordinance, law or building code to neme as an adtldlonal insured subject to ihe lollowing provlsions: This insurence applies only with respect to operations perfcrmed by you or on your 6ehaA tor which the state or govemmental agency or su6division or political subdivision has issued a permii or authorization. GL-3085 (09/11) -g- This insurence tloes not apply to: "Bodily injury", 'properry damage" or "personal and advetlising injury' arising out of operetions pertormed for Ihe federal govemment, stete or municipaliry; or 2. °BOdily in�uy' or'properry demage" inGuded within the `producisaompleted operations hazard. This insurance is axcess ot all othar insurance available to the additional insured, whe[her pnmary, excess, coniingent or on any other basis, unless the wntten contrect requires this insurance to 6e primary. In that event, this insurance will be pnmary relative to insurance polic.y(s) which designete ihe additional insured as a Named Insured in iha Declarations and we wiA not require contribution trom such insurance if the written contract elso requires ihat ihis insurance be non-coniri6utory. But with respect to all other insurance under which the additional insured qualifias es an insured or additional insured, ihis insurance will be excess. U. CONTAACTORSAVfOMATICADDIf10NALINSUNEDCOVEMGE—COMPLETFDOPEHATIONS SECTION II — WHO IS AN IN5URE0 is amended to include as an addifional insured any person or organization who is required hy wntten contraci to be an additional insuretl on your policy for completed operations, but only with respect to IiaDility tor'bodily injury' or'properry damage' causetl, in whola or in pan, by 'your work' at the proJect designated in the contract, pertormed �or ihat additional insured and inGuded in ihe'products�ompleted operations hazard'. This insurance is excrss ot eli othar insurence available [o iha additional insured, whether pnmary, excess, coMingent or on any other basis, unless the written coniract requires ihis insurance to be primary. In that event, ihis insurence will be primary relative to insurance policy(s) which designate ihe additional Insured as a Named Insured in ihe Declarations and we will not require contribution from such insurance it the writlen contract also requires ihat }his insurence be non-coninbutory. But wiih respeci to all oiher insurance under which the additional insuretl qualifies as an insured or addilionel insured, ihis insurance wlll be ezcess. V. ADDITIONAL INSIIRED— ENGINEEHS, ARCHREC7S OR SURVEYORS SECTON II — WHO IS AN WSUNED is emended to indutla as an edditional insured any architact, engineer or surveyor who is required by written contrect to be en edditional insured on your policy, but only with respect to liability for 'bodily injury', 'property damage' or'personal and advertising injury' caused, in whole or in part, by: Your acis oromissions; or 2. The acts or omissions of those acting on your behalf; in ihe pertorcnance of your ongoing operations peAOrmed by you or on your behalf. This includes such architecl, engineer or surveyor, who may not be engaged by you, but is coniractually reQUired to be added as en edditionel insured to your policy. Wth respect to ihe insurence afforded to these addi5onel insureds, the tollowing additional excWSion applies� This insurance does not apply to'botllly Injury','properry demage' or'personal and adveMising injury" arisin9 out of �ha rendenng of or ihe feilure to render any professional services, including: Y. The preparing, approving, or failing to prepare or approve maps, drewings, opinions, reports, surveys, change orders, designs orspecitica�ions; or 2. Supervisory, inspection or engineering services. GL-3085 (09/71) -7p- This insurance is excess of all mher insurance availabla to Ihe additional insured, whether primary, excess, contingent or on any other basis, unless ihe written coniract requires this insuranca to be primary. In that event, this Insurance will be primary relative to insurence policy(s) which tlesignate the additional insured as a Nemed Insured in the Declarations and we will not require conhibution fmm such insurance it the written contracf also requires that ihis insurence be non-contribufory. But with respect to all other insurance under which the additlonal Insured qua�ifies as an insured or edditional insured, this insurance will be excess. GL-3085 (09/11) -11- Policy Number: CAP 3 606 583 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - SPECIFIC ENTITIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM WHO IS AN INSURED is changed to include as an "insured" the person or organization named in this endorsement. However, the additional insured is an "insured" only for "bodily injury" or "property damage° arising out of work or operations peHormed by you or on your behalf for the additional insured and resulting from the ownership, maintenance or use of a°covered auto,° by: 1. You, or 2. Any of your employees or agenis; or 3. Anyone other than the additional insured or any employee or agent of the additional insured, while using with your permission a covered "auto" you own, hire or borrow. ADDI'flONAL INSURED: Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all the provisions and limitations of this policy. A-2931 (11/99) ..r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - OTHER INSURANCE - ADDITIONAL INSUREDS Item 10. Other Insurance under SECTION V— CONDITIONS, is deleted and replaced with the following: iG�i]IpI�:i1�6Y�1:L1Ry� a. This insurance is excess over any other valid and collectable insurance available whether primary, excess, contingent or on any other basis. The other insurance will be deemed valid and collectible regardless of any defense asserted by any insurer because of the insured's failure to comply with the terms of that other insurance. This condition will not apply to make this coverage excess to: Oiher insurance written specifically to be excess over this insurance; or 2. Other valid and collectable insurance available to any person or organization who qualifies as an insured pursuant to paragraph 4 of SECTION III — WHO IS AN INSURED of this policy, but only if: (a) That insured is an additional insured on the "underlying insurance" (such insured shall also be considered an additional insured for this policy); and (b) The said additional insured is a Named Insured in the Declarations under such other valid and collectable insurance; and (c) You have agreed in a written contract or written agreement executed prior to any loss that this insurance will be primary. If this insurance is deemed to be primary on this basis, we agree to not seek contribution from such other insurance available to an addiTional insured only if you have agreed to the same in that written contract or written agreement. b. When this insurance is excess over other insurance we will pay only our share of any amount of "ultimate net loss," if any, that exceeds the sum ot: The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2. The total of all deductible and self insured amounis under this or any other insurance. CUP 03 16 01 11 ..r POLICYNUMBER: CLP 3 589 860 GOX-2287-CN (01/93) POLICY NUMBEF; CAP 3 589 861 r,nx-��a�-cN rn+i4a� .� POLICY NUMBER: WC 3 589 859 GOX-2287-CN (01/93) � r,nx-��R�-r.N rnv4:�i � PERFORMANCEBOND � ._ � RECEIVED , JUN 2 4 2015 CITY OF OSHKOSH _..__ _ _ -- -- -- - __ — Contract Number 15-07 OSHKOSH, WISCONSIN Bond No wIC 55758 Date Bond Executed (Date of Contract or Later) June 24, 2015 PRINCIPALICONTRACTOR (Legai Name and Business Address) PTS CONTRACTORS, INC. 4075 Eaton Road Green 8ay WI 54311 SURETY(IES) (Legal Name(s) and Business Address(es)) MERCHANTS BONDING COMPANY (MUTUAL) 2100 Fleur Drive Des Moines IA 50321-1158 OWNER (Legal Name and Business Address) CITY OF OSHKOSN 215 Church Avenue PO Box1130 Oshkosh, W isconsin 54903-1130 OBLIGATION Type of Organization ❑ Individual 0 Partnership � Corporation State of Mcorporation Wisconsin Penal Sum of Bond $1,762,375.07 The Contractor and Surety, jointly and severally, bind themselves, their heirs, exec�tors, administrato�s, successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above, which is incorporated herein 6y reference. This Bond shall cover any work performed during initial construction and any warranty period required by the Contract. If there is no Owner Defauit to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under Ihis Bond shall arise after. 1 �S The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in defautt of the Contract. Within five (5) business days of the Owner's notice.. either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. tf a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five (5) business days of the request for conference. If the Owner, Contrector and Surety agree, the Contractor may be allowed a reasonabie time ro perform the Contract, but such agreement shall not waive the Owner's right, if any, to subsequently declare the Contractor in default; The Owner declares the Contractor in default and notifies the Surety of ihe declaration of default; and The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actibns: 1. Arrange for the Contractor, with consent Of the Owner, to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independe�t contracrors; 3. Obtain bids or negotiated proposals from qualified con[ractors acceptable to the Owner to enter into a contract with lhe Owner for performance and completion of the Contract, to be securetl with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the origi�al contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any appticable liquidated damages specified within the Contract resulting from any delay in khe completion of the Contract. 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or 5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surery does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after nofice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for defauft ot the Surety and Surety's election to perform or complete the Confracf itself under Paragraph 2 above, Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercia! carrier that wiU ceRify the date and time of delivery; or (iv) upon trensmission if by facsimiie, email or other form of electronic transmission. Notices shali be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govem the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with staYUiory or other legal requiremeni shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. The above obligation is void if the Contractor performs and fulFllls�all the terms, conditions and agreements of the Contract and any authorized modifications during the term of the originai Cbntract and any extensions ihereof. Notice to the Surety is waivetl for any modifications agreed upon by Owner and Contractor. PTS Contractors, Inc. Name of Principal/Contractor Title Greg , o k Pr ident� Merchants Bondinq Comoanv (Mutual) Name of Surety �'l�u-w�X i� Title Roxanne Jensen, Attorney-in-Fact PAYMENTBOND Contract Number t5-07 Date Bond Executed (Date of Contract or Later) June 24, 20t5 PRINCtPAUCONTRACTOR (Lega! Name and Business Address) PTS CONTRACTORS, INC. 4075 Eaton Road Green Bay WI 54311 SURETY(IES} (Legal Name(s) and Business Address(es)) MERCHANTS BONDING COMPANY (MUTUAI) 2100 Fleur Drive Des Moines IA 50321-1158 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH eond No. WIC 55758 Type of Organization ❑ Individual � Par7nership � Corporation State o(lncorporation Wisconsin Penal Sum of 8ond $1,762,375.07 The Contractor and Surety, jointiy and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment fumished for use in the performance of the Conkract idenfified above, which is 'rncorporated herein by reference, subject to the fo!lowing ferms. tf the Contractor promptly makes paymeni of all sums due to claimants, and defends, indemnifies and hofds harmless the Owner from ail daims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract. then the Surety(ies) obligation under this Bontl shall arise after the Owner has prompfly notified the CoMractor and the Surety of claims, demands, liens or suits against ihe Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment fumished for use in the perfortnance of the Contract and tendered defense of such ctaims, demands, liens or sui[s ro the Contractor and the Surery. Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy ciaims, if any, under any Performance Bond. By the Contrector f�rnishing and the Owner accepting this 8ond, they agree that al! funds eamed by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim, demand, lien or suit. Surety shali answer claimants, with a copy to Owner, within sixty (60) days of the date of the Gaim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be o6ligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Conhact. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shali have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to ihe Contracior or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon lransmission if by facsimile, email or other form of electronic trensmission. Notices shall be provided to the Owner, Surery andlor Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govem the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in lhis Bond that may conflicl with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. PTS Contractors, Inc. Vame of PrincipaUContracror J 7iLe . P. o , P esident Merchants Bonding Company (Mutual) Name of Surety ��2�u-r..� �v�.-Le.—, Title Roxanne Jensen, At orney-in-Fact MERCHANTS � BONDING COMPANY-� POWER OF ATTORNEY Know All Persons By These Presents, lhat MERCHANTS BONDWG COMPANY (MUTUAL) antl MERCHANTS NATIONAL BONDING, INC., both being corporetions duly organized under the laws of the State of lowa (herein collectively called the "Companies"), antl Ihat the Companies do hereby make, constitute antl appoint, indivitlually, Brian Krause; Jeffrey R Meisinger; Kelly Cody; Kenton D Arps; Roxanne Jensen; Trudy A Szalewski of Green Bay and State of Wisconsin their Irue antl IawFW Aflorney-in-Fact, with full power and au[hority hereby conferred in their name, place and steatl, lo sign, execute, acknowled9e and tleliver in their behaif as surety any and all bonds, undertakings, recognizances or other written obligations in Ihe nature thereof, subject to the limitation that any such instrument shall not exceed lhe amount of: FIFTEEN MII.LION ($I5,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bontl or undertaking was signetl by the tluly authorized oficers of Ihe Companies, and all [he acts of said Attomey-in-Fact, pursuant to the authorily herein given, are hereby ratified antl confrmetl. This Power-of-Attorney is made and ezecutetl pursuant to and by authonry of the following By-Laws atloptetl by the Board of Directors of the Merchants Bonding Company (MUtual) on Aprii 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc.. on October 2a. 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bontls and untlertakings, recognizances, contracts of intlemniry antl other writings obligatory in Ihe nature Ihereof. The signature of any authorized officer and the seal of the Company may be affxed by facsimile or electronic transmission to any Power of Attomey or Certifcation thereof authorizing the execution and delivery of any bontl, untlertaking, recognizance, or other surelyship obligations of the Company, and such signature and seai when so used shall have the same force and effect as though manually fzed." In Witness Whereof, the Companies ha�e causetl lhis instrument to be signed antl sealed lhis 13thtlay of August . z�i4 . STATE OF IOWA COUNTY OF POLK ss. , �o•a�,� l0 N�� '�•, ,g: Op►Oq,q•:O ti: � r� , _p_ �`" Q: �= 2CO3 : �: d',:'�...*. �::,`o ..a��N�.�O,hQ, _•00,. pA P 0 q9. 9y.: G .�•. < :�:_ -o- 0:3: •2: ;i. 1933 :•Y : : oy. .ac: dW. �:� ��. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. �' C%7f� �� P25itlent On this 13thday of qugust 2074, before me appearetl Larty Taylor, to me personally known, who being by me tluly swom Oitl say that he is Presitlent of Ihe MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC.; and [hat the seals affxed to the foregoing instrument is the Corporate Seals of the Companies; antl Ihat the said instrument was signed antl 5ealetl in behaif of the Companies by aUthonty of their respeQive Boartls of DireIXOrs. In Testimony Whereof, I have hereunro set my hand and affixed my Offcial Seal at the City of Des Moines, lowa, Ihe tlay and year firsiabovewritten. P�iA�s WENDYWOODY o ,� a Commission Number 784654 �J�\a�� Z °"( �^=1" My Commission Expires ,� June 20, 2017 No[aryPUblic, PolkCounty, lowa STATE OF IOWA COUNTY OF POLK 55. I, Wlliam Wamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDWG, INC.. tlo hereby certify that the above antl foregoing is a true antl correct copy of the POWER-OF-ATTORNEY ezecutetl by saitl Companies, which is still in full forCE and eTfeCf antl has not been amentled or revoked. In Wtness Vvhereof, I have hereunto set n this�/ !a-, tlay of '� , ,� o ��M �7 i n `�.r� �. � tOf� .�°�1�5......:�C -o- 2G�3 POA 0014 (7/14) "=.,°h�'•� hantl and affxed the seal of the Companies on �•00?0`p P 0 q9'O9y.� . � �:�.<. :�;? -�- o:3j •z: • ;i; 1933 : �ti � • :vd. .ac: �w..�.�•�� 1�� . Secretary