HomeMy WebLinkAboutCapelle Bros & Diedrich Transportation Department Facility Recon (2016)Q11.1,01NAL
CONTRACTOR AGREEMENT.• 13Ovv
TRANSPORTATION DEPARTMENT FAC/L/TY RECONF/GURAT/ON
CITY OF OSHKOSH
THIS AGREEMENT, made on the 15" day of June, 2016, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
CAPELLE BROS. & DIEDRICH, INC. 253 NORTH HICKORY STREET, FOND DU LAC,
WI 54935, hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, enter
into the following agreement. The 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:
(Todd A. Diedrich, President, Capelle Bros. & Diedrich, Inc.)
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 ll. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this
contract:
(Jim Collins, Transportation Director)
ARTICLE III. SCOPE OF WORK
The Contractor shall provide the services described in the City's Invitation for
Bid for the Project titled "City of Oshkosh Department of Transportation Addition &
Remodel Project Number 015150" done by Martin Riley & Associates and the
contractor's bid form attached as Exhibit A. If anything in the Bid Form conflicts with
the Bid Specifications, the provisions in the Bid Specifications 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 RESPONSIBILITIES
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 completed by no later
than September 17, 2016.
ARTICLE Ill. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
$569,280.00, 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 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 shall provide insurance for this project that includes the City of
Oshkosh as an additional insured. The contractor's certificate of insurance for this
project is attached as Exhibit B.
ARTICLE 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
t
In the Presence of:
(Seal of Contractor
if a Corporation.)
(Witness)
(Witness)
APPROVED:
ity Attar
CONTRACTOR /CONSULTANT
By: CC.."-.,
P%-
(Specify Title)
(Specify Title)
CITY OF OSHKOSH
By:
Mark A. hohloft, City Manager
I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
City Comptroller
4
EXHIBIT A
015150 City of Oshkosh Dept. of Transportation 03/11/2016
1. To: City Clerk's Office, Room 104, City Halt, 215 Church Street, Oshkosh, WI 54903
Address bids to City Manager, c/o City Clerk's Office, City Hall, P.O. Box 1130,
Oshkosh, WI 54903-1130
Bids are due at 10:00 am on May 31, 2016.
2. For: City of Oshkosh Department of Transportation Addition and Remodel
3. Submitted By:
a. Full Name: Capelle Bros. & Diedrich, Inc.
b. Address: 253 North Hickory Street
c. City, State, Zip: Fond du Lac, WI 54935
4. Offer:
a. BASE BID: Base bid amount shalt include all work pertaining to access controls.
Electrical work will be by owner as indicated in bid documents. Having examined the
place of work and all matters referred to in the documents prepared by MARTINRILEY
architects engineers for the above mentioned project, we, the undersigned, hereby offer
to enter into a contract to perform the base bid work for the City of Oshkosh Department
of Transportation Addition mad Remodel project for the total sum of:
F?VP- 6,44 S4 W) lie +kaV.54,qJ 1 WJ kv-dW aNd e�� Uolfr�s
(amount in words)
$ 56�, X20, 00
(amount in figures)
It is understood that this project is subject to all applicable provisions of taws, rules and
regulations governing the City of Oshkosh Department of Transportation. This offer includes
all permits by entities having jurisdiction.
5. It is understood that the owner is a tax exempt entity. All items shall be ordered and paid
for by the contractor, using the owner's tax exempt status and Wisconsin Sales and Tax
Exemption Certificate (new Wisconsin tax law effective January 1, 2016). This bid
represents the total of alt costs including labor and materials costs. The bid listed above
has already subtracted the sales tax from the material costs.
6. Acceptance:
a. This offer shall be open to acceptance and is irrevocable for a period of 35 days from
the date signed.
b. If this bid is accepted by the owner within the time period stated above, we will:
i. Execute the agreement within ten days of notice of award.
ii. Commence work on, but not before June 20, 2016.
7. Contract Time: If this bid is accepted, we will commence the work on June 20, 2016 and
complete the project by September 17, 2016.
MRae BID FORM 004100
015150 City of Oshkosh Dept. of Transportation
03/11/2016
8. Addenda: The following addenda have been received. The modifications to the bid
documents have been considered and all costs are included in the respective bid sum.
a. Received Addendum # ONE Dated_ 05/17/2016
b. Received Addendum # TWO Dated 05/23/2016
c. Received Addendum # Dated
9. Submit with this bid:
a. A list of all subcontractors which Witt be working on this project. (Attach list
with name of company, address, contact person, and telephone number).
10. Signatures:
a. Indicate type of entity (sole proprietor, partnership, corporation, etc):
Corporation
b. The corporate or company seat of:
Ca elle Bros. & Diedrich Inc.
(Print full name of firm) (Affix seat)
C. �G"errunto affixed in the presence of:
_✓( _. - President 05/31/2016
(Authorized signing officer) Todd A. Diedrich (Title) (Date)
��r—�-- Vice President 05/31/2016
(Authorized signing officer) Scott D. Diedrich (Title) (Date)
If the Quote is a joint venture or partnership, add additional forms of execution for each
member of the joint venture in the appropriate form or forms as above.
END OF BID FORM
MRae BID FORM 004100
OAVMIII.lkm
CAPEBROOPC PDEANOVICH
16.. � ro CERTIFICATE OF LIABILITY INSURANCE
DAT D/YYYY)
6//15/215/2 016
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
Jackson Kahl Insurance Services, LLC
N6451 S Pioneer Road(AC.
Fond Du Lac, WI 54935
CONTANAME: Pamela Deanovich, CISR
PHONE FAX
AC No Ext : (920) 923-4020 1112 A/C No): (866) 218-6850
E-MAIL
ADDRESS: pdeanovich@jacksonkahl.com
INSURER(S) AFFORDING COVERAGE NAIC #
A
INSURERA:West Bend Mutual Insurance Co. 15350
INSURED
INSURER B:
INSURER C:
Capella Brothers & Diedrich, Inc.
P.O. BOX 1274
Fond du Lac, WI 54936-1274
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: R1=VIRInN ul IMaGo•
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.
TR
TYPE OF INSURANCE
MSD
WVD
POLICY NUMBER
MM/DDYEFF
MMIDDY/YYYY
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FKOCCUR
2282100
01/01/2016
01/01/2017
EACH OCCURRENCE $ 1,000,000
PREMISES Ea occurrence $ 200,000
MED EXP (Any one person) $ 10,000
PERSONAL 8 ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JET 7 LOC
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG $ 2,000,000
$
OTHER:
A
AUTOMOBILE
%C
LIABILITYEO
ANY AUTO
2282100
01/01/2016
01/01/2017
BIKED SINGLE LIMIT $ 1,000,000
BODILY INJURY (Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident) $
HIREDAUTOS HNON-OWNED
AUTOS
FPROPERTY DAMAGE
Per accident $
$
XUMBRELLA
LIAB
X
OCCUR
EACH OCCURRENCE $ 10,000,000
A
EXCESS LAB
CLAIMS -MADE
2282100
01/01/2016
01/01/2017
AGGREGATE $ 10,000,000
X
DED I I RETENTION $ 0
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBOER/EXCLUER/E ECUTIVE FR�Y
N/A
0570764
01/01/2016
01/01/2017
PER OTH-
X STATUTE X ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE- EA EMPLOYEE $ 1,000,000
(Mandatory in NH)
If yes, describe under
E.L. DISEASE- POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS below
-_
I
I.E
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Project: Additional and Remodel City of Oshkosh Transporation Department 926 Dempsey Traile Oshkosh WI 54902
City of Oshkosh
PO BOX 1130
Oshkosh, Will 54903
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
A �
IJ 19t$b-ZU14 ACURO CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - CONTRACTOR'S BLANKET
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section II) is amended
to include as an additional insured any person or
organization whom you are required to add as an
additional insured on this policy under a written
contract or written agreement.
The written contract or written agreement must
be:
1. Currently in effect or becoming effective dur-
ing the term of this policy; and
2. Executed prior to the "bodily injury," "property
damage," "personal injury and advertising in-
jury."
B. The insurance provided to the additional insured
is limited as follows:
1. That person or organization is only an addi-
tional insured with respect to liability arising
out of:
a. Your premises;
b. "Your work" for that additional insured; or
c. Acts or omissions of the additional insured
in connection with the general supervision
of "your work."
2. The Limits of Insurance applicable to the
additional insured are those specified in the
written contract or written agreement or in the
Declarations for this policy, whichever is less.
These Limits of Insurance are inclusive and
not in addition to the Limits of Insurance
shown in the Declarations.
3. Except when required by written contract or
written agreement, the coverage provided to
the additional insured by this endorsement
does not apply to:
a. "Bodily injury" or "property damage" occur-
ring after:
(1) All work on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the addi-
tional insured at the site of the covered
operations has been completed; or
(2) That portion of "your work" out of which
the injury or damage arises has been
put to its intended use by any person or
organization other than another con-
tractor or subcontractor engaged in
performing operations for a principal as
part of the same project.
b. "Bodily injury" or "property damage" arising
out of acts or omissions of the additional
insured other than in connection with the
general supervision of "your work."
4. The insurance provided to the additional in-
sured does not apply to "bodily injury," "prop-
erty damage," "personal injury and advertising
injury" arising out of an architect's, engineer's,
or surveyor's rendering of or failure to render
any professional services including;
a. The preparing, approving, or failing to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifica-
tions; and
b. Supervisory, or inspection activities per-
formed as part of any related architectural
or engineering activities.
WB 1482 06 06 West Bend Mutual Insurance Company Page 1 of 2
West Bend, Wisconsin 53095
C. As respects the coverage provided under this
endorsement, Paragraph 4.b. SECTION IV -
COMMERCIAL GENERAL LIABILITY CONDI-
TIONS is amended with the addition of the fol-
lowing:
4. Other insurance
b. Excess insurance
This insurance is excess over:
Any other valid and collectible insurance
available to the additional insured whether
primary, excess, contingent or on any
other basis unless a written contract spe-
cifically requires that this insurance be ei-
ther primary or primary and noncontribut-
ing. Where required by written contract,
we will consider any other insurance
maintained by the additional insured for
injury or damage covered by this en-
dorsement to be excess and noncontrib-
uting with this insurance.
When this insurance is excess, as a con-
dition of coverage, the additional insured
shall be obligated to tender the defense
and indemnity of every claim or suit to all
other insurers that may provide coverage
to the additional insured, whether on a
contingent, excess or primary basis.
Page 2 of 2 West Bend Mutual Insurance Company WB 1482 06 06
West Bend, Wisconsin 53095
54199252
un UNITED FIRE Et CASUALTY COMPANY
118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700
Performance Bond
CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal
place of business)
UNITED FIRE & CASUALTY COMPANY
CAPELLE BROS. & DIEDRICH, INC. 118 SECOND AVE SE
CEDAR RAPIDS, IA 52407
253 N HICKORY ST, FOND DU LAC, WI 54936
OWNER: (Name, legal status and address) This document has important legal
consequences. Consultation with
an attorney is encouraged with
CITY OF OSHKOSH respect to its completion or
modification.
215 CHURCH AVENUE, OSHKOSH, WI 54901
Any singular reference to
CONSTRUCTION CONTRACT
Contractor, Surety, Owner or
Date: June 15, 2016
other party shall be considered
Amount: Five hundred sixty nine thousand two hundred eighty and 00/100
plural where applicable.
569,280.00
AIA Document A312-2010
Description: (Name and location)
combines two separate bonds, a
Performance Bond and a
CITY OF OSHKOSH DEPARTMENT OF TRANSPORTATION ADDITION & REMODEL PROJECT NO.
Payment Bond, into one form.
015150
This is not a single combined
BOND
Performance and Payment Bond.
Date: June 15, 2016
(Not earlier than Construction Contract Date)
Amount: Five hundred sixty nine thousand two hundred eighty and 00/100
569,280.00
Modifications to this Bond: None See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (C Company: UNITED FIRE Ft CASUALTY COMPANY (Corporate Seal)
WIN W -W
CAPELLE BROS. & DIEDRICH, INCO'�
LSignature: — Signature:
Name and Title: D DIEDRICH, PRESIDENT Name and
(Any additional signatures appear on the last page of this Performance E
(FOR INFORMATION ONLY - Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:)
JACKSON KAHL INSURANCE SERVICES MARTIN RILEY ARCHITECTS ENGINEERS
LLC PO BOX 950 2169 CARLTON ROAD
FOND DU LAC WI 54936-0950 OSKHOSH WI 54904
CONT0526 (072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
S 1 The Contractor 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.
S 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.
S 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after
1 the owner first 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 within ten (10) business days of the
Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety 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 Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
S 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.
S 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one
of the following actions:
S 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
S 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
S 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner a for contract for performance
and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a
contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as
described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor
Default; or
S 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the
Owner and, as soon as practicable after the amount is determined, make
payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons
for denial.
S 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 in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.
CONT0526 (072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
5 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, 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 Surety 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 duplication, for
1 the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, 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 Contract, actual damages
caused by delayed performance or non-performance of the Contractor.
5 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
S 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.
5 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.
5 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the
location in 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 or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
5 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on
which their signature appears.
5 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 or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
514 Definitions
5 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 the Contractor of any amounts received or to be
received by the Owner in 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.
5 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all
Contract Documents and changes made to the agreement and the Contract Documents.
5 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.
5 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the Construction
Contract.
5 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
5 15 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.
CONT0526 (072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
9 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
CAPELLE BROS & DIEDRICH, INC UNITED FIRE & CASUALTY COMPANY
253 N HICKORY STREET 118 SECOND AVE SE
FOND DU LAC WI 54395 CEDAR RPAPIDS IA 52401
Signature:
Name and Title: TODD DIEDRICH, PRESIDENT
Address 253 N HICKORY STREET
FOND DU LAC WI 54935
Signature:
p Name and Title: MIKE FOLEY, ATTORNEY IN FACT
Address 39 S MARR STREET
FOND DU LAC WI 54935
CONT0526 (072010)
The language in this document conforms exactly to the tanguage in AIA Document A312-2010 edition
J
54199252
UNITED FIRE £t CASUALTY COMPANY
118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700
Payment Bond
CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status, and principal
CAPELLE BROS. 8 DIEDRICH. INC.
253 N HICKORY ST, FOND DU LAC, WI 54936
OWNER: (Name, legal status and address)
CITY OF OSHKOSH
215 CHURCH AVENUE, OSHKOSH, WI 54901
CONSTRUCTION CONTRACT
Date: June 15, 2016
Amount:
Five hundred sixty nine thousand two hundred eighty and 00/100
569,280.00
Description: (Name and location)
place of business)
UNITED FIRE 8 CASUALTY COMPANY
118 SECOND AVE SE
CEDAR RAPIDS, IA 52407
CITY OF OSHKOSH DEPARTMENT OF TRANSPORTATION ADDITION 8 REMODEL PROJECT NO.
015150
BOND
Date: June 15, 2016
(Not earlier than Construction Contract Date)
Amount: Five hundred sixty nine thousand two hundred eighty and 00/100
569,280.00
Modifications to this Bond: None See Section 18
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
CONTRACTOR AS PRINCIPAL SURETY
Company: ( Company: UNITED FIRE & CASUALTY COMPANY (Corporate Seal)
CAPELLE BROS. &DIEDRICH, INC
Signature: Signature:
Name and Title: TODD DIEDRICH, PRESIDENT Name and 1
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY - Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:)
JACKSON KAHL INSURANCE SERVICES LLC MARTIN RILEY ARCHITECTS ENGINEERS
39 S MARR STREET 2169 CARLTON ROAD
FON DDU LAC WI 54935 OSKHOSH WI 54904
CONT0526(072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
5
S 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and
assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction
Contract, which is incorporated herein by reference, subject to the following terms.
S 2 If the Contractor promptly 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 for 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.
5 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall
arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims,
demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,
demands, liens or suits to the Contractor and the Surety.
S 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend,
indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
S 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
S 5.1 Claimants who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial 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 labor 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).
S 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the
address described in Section 13).
S 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a
Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
S 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and
at the Surety's expense take the following actions:
S 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the
amounts that are undisputed and the basis for challenging any amounts that are disputed; and
S 7.2 Pay or arrange for payment of any undisputed amounts.
S 7.3 The Surety's failure to discharge it obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a
waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the
Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or
Section 7.2 the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to
recover any sums found to be due and owing to the Claimant.
S 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees
provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
5 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the
Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing
and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction
Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to
use the funds for the completion of the work.
CONT0526 (072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
S 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the
Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this
Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise
have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the
state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from
the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or
service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction
Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum
period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the
page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient
compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall
promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished
for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the
performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the
Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date
of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor
to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also
includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute
against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in
the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental
equipment used in the Construction Contract, architectural and engineering services required for performance of the work of
the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the
jurisdiction where the tabor, materials or equipment were furnished.
§16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all
Contract Documents and all changes made to the agreement and the Contract Documents.
CONT0526 (072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
S 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under
the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.
S 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
S 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.
S 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
CAPELLE BROS & DIEDRICH, INC
253 N HICKORY STREET
FOND DU LAC WI 54395
Signature:
Name and Title: TODD DIEDRICH, PRESIDENT
Address 253 N HICKORY STREET
FOND DU LAC WI 54935
CONT0526 (072010)
UNITED FIRE & CASUALTY COMPANY
118 SECOND AVE SE
CEDAR RPAPIDS IA 52401
Signature:
Name and Title: MIKE FOLEY, ATTORNEY IN FACT
Address 39 S MARR STREET
FOND DU LAC WI 54935
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
Bond No.: 54199252
UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Obligee:
MOMUNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX CITY OF OSHKOSH 215 CHURCH AVENUE OSHKOSH,
FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA WI 54901
CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company — See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under
the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of
Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California
(herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint
MITCHELL R KAHL, OR MICHAEL FOLEY, OR PAMELA DEANOVICH, OR BONNIE WEISS, OR REBECCA ZIVKOVICH, OR PAMELA K MCCARTHY, OR
MICHELLE SHAFER, OR MARY ELLEN HEESE, OR MARY SAMP, ALL INDIVIDUALLY
of N6451 S PIONEER ROAD PO BOX 950 FOND DU LAC, WI 54935
their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings
and other obligatory instruments of similar nature provided that no single obligation shall exceed $10,000,000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall
expire October 14th, 2016 unless sooner revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY
COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of
Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE
COMPANY.
"Article VI — Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to
time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be
affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal,
when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and
binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such
instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of
the Companies may at any time revoke all power and authority previously given to any attorney-in-fact.
IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed
this 15th day of June 12016
�J``i CAS tlltllp�i `, in,�,nuorL ry
(,g„ �j `Ot�uuWptp . INS r r
Fo��. ```,�EyIVUkA,A t/a4 M1```Q*G.o oayc = UNITED FIRE & CASUALTY COMPANY
CORPORATEZz ? ,F rnRPORATE °p =�' yuirz� �O':o UNITED FIRE & INDEMNITY COMPANY
'' SEAE�IS L
_ FINANCIAL PACIFIC INSURANCE COMPANY
n� B�P���y' V
turtu�:—
Vice President
State of Iowa, County of Linn, ss:
On this 15th day of June 2016 before me personally came Dennis J. Richmann
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED
FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC
INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the
seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations
and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations.
11 IAL �, Judith A. Davis
r Iowa Notarial Seal
Commission number 173041
• A. My Commission Expires 04/23/2018 Notary Public
My commission expires: 04/23/2018
I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary tave
ITED FIRE & INDEMNITY COMPANY,
and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that Icompared the foregoing copy of the Power
of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the
ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the
said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations.
this 15th day of June ,2016
J,`'RCi�UA�wAl
c _ ° ~
CORPORATE �~ Z,� COutti)RA'tE ;^ =�,�r PLY,?z D..��. By:
.x? • iy �—
SEAL �t SEAL. Secretary OF&C
:
Assistant Secretary, OF&I/FPIC
t1/111P� +riunitUNt ••
BPOA0053 0813 Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401
UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909
Cedar Rapids, Iowa 52407-3909 319-399-5700
Bid Bond
CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place
of business)
CAPELLE BROS. & DIEDRICH, INC. United Fire & Casualty Company
118 Second Avenue SE
P.O. Box 73909
253 N HICKORY ST, FOND DU LAC, WI 54936
OWNER: (Name, legal status and address)
City of Oshkosh
215 Church Avenue, Oshkosh, WI 54903
BOND AMOUNT:
Five and 00/100 Percent of the Bid Amount
PROJECT: (Name, location oraddress, and Project number, if any)
Department of Transportation addition and remodel
Cedar Rapids, Iowa 52407
This document has important legal
consequences. Consultation with an attorney is
encouraged with respect to its completion or
modification.
Any singular reference to Contractor, Surety,
Owner or other party shall be considered plural
where applicable.
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The
conditions of this Bond are such that if the 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 Contractor either (1) enters into a contract with the
Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract
Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance
of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the
difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount 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 full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor
to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety 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 Surety's consent for an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in
this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond. Signed and sealed this 18th day of May 2016
c
(Witness)
(Witness)
C ELL BRO . & DIEDRIC ,INC.
�c
(PrXs (Seal)
(Title)
UNITED FIRE &,CASUA TY- OMPANY
1
tSu t) - (Seal)
Attornev in Fact
(Title)
CONT0525 (072010)
The language in this document conforms exactly to the language used in AIA Document A310 2010 edition.
Bond No.: W0010513
UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Obligee:
UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX
Ufg FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA
CERTIFIED COPY OF POWER OF ATTORNEY City of Oshkosh 215 Church Avenue, Oshkosh, WI 54903
(original on file at Home Office of Company — See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under
the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of
Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California
(herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint
MITCHELL R KAHL, OR MICHAEL FOLEY, OR PAMELA DEANOVICH, OR BONNIE WEISS, OR REBECCA ZIVKOVICH, OR PAMELA K MCCARTHY, OR
MICHELLE SHAFER, OR MARY ELLEN HEESE, OR MARY SAMP, ALL INDIVIDUALLY
of 39 SOUTH MARR STREET, FOND DU LAC, WI 54936
their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings
and other obligatory instruments of similar nature provided that no single obligation shall exceed $10,000,000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall
expire September 16th, 2016 unless sooner revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY
COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of
Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE
COMPANY.
"Article VI — Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to
time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be
affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal,
when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and
binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such
instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of
the Companies may at any time revoke all power and authority previously given to any attorney-in-fact.
IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed
this 18th day of May 12016
````q�lfll,t,pti,' `"Wt0N1Uyr iNglRyyyr
Af Q4RP�R�ryC'�;'.y UNITED FIRE & CASUALTY COMPANY
"k4
CORPORATE t:,s -Z- CORPORATE °R= = �'r yuLY?� `°o UNITED FIRE & INDEMNITY COMPANY
s' SEAL '_; • Z -v laea :'= FINANCIAL PACIFIC INSURANCE COMPANY
t : SEAL ''. P F
'''' �� 1 1��� ````„'y�rfi�"\`�\`~` '"�gyuun Nnt"t"```XY
By.rY/!
Vice President
State of Iowa, County of Linn, ss:
On this I8th day of May ,2016 before me personally came Dennis J. Richmann
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED
FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC
INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the
seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations
and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations.
Judith A. Davis
r~ Iowa Notarial Seal
� Commission number 173041
• Owl. My Commission Expires 04/23/2018 1 d Notary Public
7TED
y commission expires: 04/23/2018
I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary RE & INDEMNITY COMPANY,
and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I ave the foregoing copy of the Power
of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the
ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the
said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations.
this 18th day of May 12016
*GAS TIN3fJ9�%r,
i P: RPOq� o G////%j
(Olt RATE
CORZ
MtRATE By.
�;
:r _•�'= _•�" Ti :. E :ate
' K 0A SEAL 19EE
SEAL �,�� `i•�r-'�s Secretary, OF&C
aAP,;�`� ��,"%s �; �u;�;o�,y i«„r Assistant Secretary, OF&I/FPIC
11111W ` %4114pN50�
BPOA0053 0813 Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401