Loading...
HomeMy WebLinkAboutWL Streich Equipment Commercial Dishwasher Convention CenterCONTRACTOR AGREEMENT: 130(olb COMMERCIAL DISHWASHER- OSHKOSH CONVENTION CENTER CITY OF OSHKOSH THIS AGREEMENT, made on the 111h day of August, 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and WL STREICH EQUIPMENT CO. INC, 833 S THIRD AVENUE, WAUSAU, WI 54401, 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: (Steve Streich, President) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Jon G. Urben, General Services Manager) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled "Commercial Dishwasher Oshkosh Convention Center" dated July 15, 2016, 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. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than November 1, 2016. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $56,953.00, 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 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. 2 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 In the Presence of: FF(Seal of � ontractor if a Corporation.) CONTRACTOR /CONSULTANT By: eS (Specify Title) (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager And: Pamela R. Ubrig, City Clerk I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. iii -AOA AiSY1 City Comptroller CI CITY OF OSHKOSH BID PROPOSAL FORM Page 1 of 2 COMMERCIAL DISHWASHER: OSHKOSH CONVENTION CENTER From: WL Streich Equipment Co Inc (bidder's company name) BID PROPOSAL DEADLINE: THURSDAY, JULY 26, 2016 @ 10:00 A.M. CST Date: 07/27/16 Addenda: Receipt of Addenda numbered 0 of 0 are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write "N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): BASE BID: TOTAL BASE BID $ 56,953.00 Fifty Six Thousand Nine Hundred Thirty Three Dollars R 00 Cents (Base Bid Price — in Words) ALTERNATE: Condensate Hood TOTAL ALTERNATE BID 1 $ 7,552.00 Seven Thousand Five Hundred Fi (Alternate Bid 1 Price — in Words) Warranty Details: 1—Year Parts and Labor Please include one set of shop drawings of equipment for bid review. PROPOSED SUBCONRACTOR LIST: ELECTRICAL: Van Ert Electric HVAC: Tweet Garrot 16 CITY OF OSHKOSH BID PROPOSAL FORM Page 2 of 2 COMMERCIAL DISHWASHER: OSHKOSH CONVENTION CENTER PLUMBING: Tweet Garrot OTHER: SIGNATURES Date: 0 7 / 2 7 / 16Name of Company: WL Streich Equipment Co.,Inc Submitted by: (name/title) Steve Streich PResidEmbil: steve@streich.equipment.com Address of Company: 833 S 3rd Wausau WI 544(Phone: 715-842-0531 That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf, and that said statements are true and correct. Signature Title P r e s i d e n t 0 17 . R CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) l,. 8/4/2016 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 Ansay & Associates, LLC. MOS 888 State Hwy 153 Mosinee WI 54455 NCONTACT AME: PHONE xt 715- 3-210 FAX (A/C. No :71 - 9 - E-MAIL ADDRESS:Inf n INSURERS AFFORD"COVERAGENAIC LIMITS INSURER A : I Insurance GENERAL LIABILITY INSURED STREEQU-01 INSURER B : Streich Equipment Co, Inc. Irving Properties, LLC 833 S. 3rd Ave. INSURERC: INSURER D: INSURER E: Wausau WI 54401 INSURER F: nrwrn w ern _WvY Ur_a GERTi-iCAIt NUMBER: 1Q53RRdF7S PPVI¢IrVU Iul IRAMMID THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY ECP 0261225 7/6/2016 7/6/2017 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $5,000 CLAIMS -MADE a OCCUR PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L ICGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PRO- LOC $ A AUTOMOBILE LIABILITY ECP 0261225 7/6/2016 7/6/2017 Ea accident $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIREDAUTOS X AAUUTNOSWNED PROPERTYDAMAGE $ Per accident Is A X UMBRELLA LAB X OCCUR ECP 0261225 7/6/2016 7/6/2017 EACH OCCURRENCE $6,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $6,000,000 DED RETENTION $ $ A WORKERS COMPENSATION EMC 0329613 7/6/2016 7/6/2017WC STATU-1 OTH- I AND EMPLOYERS' LIABILITY Y / N TRY LIMITS I ER I EACH ACCIDENT $100,000 ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICERIMEMBER EXCLUDED? � N / A (Mandatory yes, describe under Ifunder E.L. DISEASE - EA EMPLOYEO $100,000 E.L. DISEASE- POLICY LIMIT 1 $500,000 DESCRIPTION OF OPERATIONS below A Property Transit/Storage ECP 0261225 7/6/2016 7/6/2017 Any one Job Site 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Commercial Dishwasher, Oshkosh Convention Center It is agreed that the City of Oshkosh is an Additional Insured on the General Liability policy on a primary and non-contributory basis. A 30 Day Notice of Cancellation applies in favor of the Additional Insureds. City of Oshkosh, ATTN: City Clerk 218 Church Avenue PO Box 1130 Oshkosh WI 5493 ACORD 25 (2010/05) 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 y w luot"ulu AtrUKU GUKNUHATIUN. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY / NONCONTRIBUTORY AMENDMENT OF CONDITIONS FOR DESIGNATED ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): With respect to Insurance provided the additional insured shown In the Schedule, SECTION iV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS, 5. Other Insurance is deleted in its en- tirety and replaced by the following: 5. Other insurance If other valid and collectible insurance is avail- able to the additional Insured for a loss we cover under Coverages A or B of this Cover- age Part, our obligations are limited as follows: a. Primary insurance Where required by a written contract, this insurance is primary and noncontrlbutory as respects any other Insurance policy is- sued to the additional insured. Otherwise, b, below applies. b. Excess Insurance This Insurance is -excess over any of the other insurance available to the additional insured whether primary, excess, contin- gent or on any other basis. When this Insurance is excess, we will have no duty under Coverages A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the Insured's rights against all those other insurers. GA 409410 01 When this Insurance is excess over any other insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of: (1) 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 amounts under all that other insurance. We will share the remaining loss, if any, with any other Insurance that was not bought specifically to apply in excess of the Limits of Insurance shown in the Dec- larations of this Coverage Part. C. Method of Sharing If all of the other insurance permits contri- bution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid Its applicable limit of insurance or none of the loss remains, whichever comes first. if any of the other Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of Its applicable limit of insurance to the total applicable limits of insurance of all insurers. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPakT"" COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coveraue: Begins on Page: 1. Employee Benefit Liability Coverage..................................................................................................2 2. Unintentional Failure to Disclose Hazards.........................................................................................7 3. Medical Payments..............................................................................................................................7 4. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................... 7 5. Waiver of Subrogation.......................................................................................................................7 6. Automatic Additional Insured - Specified Relationships: .................................................................. 8 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; and • State or Political Subdivisions - Permits Relating to Premises 7. Property Damage to Borrowed Equipment......................................................................................10 8. Employees as Insureds - Specified Health Care Services:............................................................11 • Nurses; • Emergency Medical Technicians; and • Paramedics 9. Broadened Notice of Occurrence.....................................................................................................11 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorsement, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Medical Payments Medical Expense Limit: $ 10,000 7. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 GCP 203 05 11 Page 1 of 11 Subparagraph a. of Paragraph 4. is hereby to which this insurance deleted and replaced by the following: would apply; and a. Insurance under this provision is af- (b) They are not specifically forded only until the 180th day after named as an additional in- you acquire or form the organization sured under any other provi- or the end of the policy period, which- sion of, or endorsement ever is earlier; added to, this Coverage 5. Waiver of Subrogation Part. (2) Only the following persons or or- SECTION IV -COMMERCIAL GENERAL ganuntions are additional sur- LIABILITY CONDITIONS, 9. Transfer of eds under this endorsement, and eds , and Rights of Recovery Against Others to insurance coverage provided to Us is hereby amended by the addition of such additional insureds is lim- the following: ited as provided herein: We waive any right of recovery we may (a) The manager or lessor a have because of payments we make for premises leased to you w with injury or damage arising out of your ongo- whom you have agreed per ing operations or'jrour work" done under a Paragraph 6.a.(1) above to written contract requiring such waiver with provide 'insurance, but only that person or organization and included in with respect to liability aris- the "products-completed operations haz- ing out of the ownership, and". However, our rights may only be maintenance or use of that waived prior to the "occurrence" giving rise part of a premises leased to to the injury or damage for which we make you, subject to the following payment under this Coverage Part. The additional exclusions: insured must do nothing after a loss to im- pair our rights. At our request, the insured This insurance does not ap- will bring "suit" or transfer those rights to ply to: us and help us enforce those rights. 1) Any "occurrence" which 6. Automatic Additional Insured - Speci- takes place after you fied Relationships cease to be a tenant in a. The following is hereby added to that premises. SECTION II - WHO IS AN INSURED: 2) Structural alterations, (1) Any person or organization de- new construction or demolition operations scribed in Paragraph 6.a.(2) be- performed by or on be- low (hereinafter referred to as half of such additional additional insured) whom you are insured. required to add as an additional insured under this Coverage Part (b) Any person or organization by reason of: from which you lease (a) A written contract or agree- equipment with whom you have agreed per Paragraph menta or 6.a.(1) above to provide in- (b) An oral agreement or con- surance. Such person(s) or tract where a certificate of organization(s) are insureds insurance showing that per- solely with respect to their li- son or organization as an ability arising out of the additional insured has been maintenance, operation or issued, use by you of equipment leased to you by such per- is an insured, provided: son(s) or organization(s). (a) The written or oral contract However, this insurance does not apply to any "oc- or agreement is: currence" which takes place 1) Currently in effect or after the equipment lease becomes effective dur- expires. ing the policy period; (c) Any person or organization and (referred to below as vendor) 2) Executed prior to an with whom you have agreed "occurrence" or offense per Paragraph 6.a.(1) above to provide insurance, but GCP 203 05 11 Page 8 of 11 GCP 203 05 11 only with respect to "bodily f) Demonstration, in - injury" or "property damage" stallation, servicing arising out of "your products" which are distributed or sold or repair opera - in the regular course of the tions, except such operations per - vendor's business, subject to formed at the ven- the following additional ex- dor's premises in clusions: connection with the 1) The insurance afforded sale of the product; the vendor does not ap- g) Products which, af- ply to: ter distribution or a) "Bodily injury" or sale by you, have "property damage" been labeled or re - for which the ven- labeled or used as dor is obligated to a container, part or pay damages by ingredient of any other thing or sub- reason of the as- sumption of liability stance by or for the in a contract or vendor. agreement. This 2) This insurance does not exclusion does not apply to any insured apply to liability for person or organization: damages that the vendor would have a) From whom you in the absence of have acquired the contract or such products, or agreement; any ingredient, part or container, enter - b) Any express war- ing into, accompa- ranty unauthorized nying or containing by yo u; such products; or c) Any physical or b) When liability in - chemical change in cluded within the the product made "products - intentionally by the completed opera - vendor; tions hazard" has d) Repackaging, been excluded un - unless unpacked der this Coverage solely for the pur- Part with respect to pose of inspection, such products. demonstration, (d) Any state or political subdivi- testing, or the sub- sion with which you have stitubon of parts agreed per Paragraph under instructions 6.a.(1) above to provide in - from the manufac- surance, subject to the fol- turer, and then re- lowing additional provision: packaged in the original container; This insurance applies only with respect to the following e) Any failure to make hazards for which the state such inspections, or political subdivision has adjustments, tests issued a permit in connec- or servicing as the tion with premises you own, vendor has agreed rent or control and to which to make or nor- this insurance applies: mally undertakes to make in the 1) The existence, mainte- usual course of nance, repair, construc- business, in con- tion, erection, or re- nection with the moval of advertising distribution or sale signs, awnings, cano- of the products; pies, cellar entrances, coal holes, driveways, manholes, marquees, Page 9 of 11 hoist away openings, this endorsement shall also sidewalk vaults, street be excess. banners, or decorations and similar exposures; 7. Property Damage to Borrowed Equip - or m ent 2) The construction, erec- a. The following is hereby added to Ex - tion, or removal of ele- clusion j. Damage to Property of vators; or Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE 3) The ownership, mainte- A. BODILY INJURY AND PROP- nance, or use of any ERTY DAMAGE LIABILITY. elevators covered by this insurance. Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip - (3) Any insurance provided to an ad- ment loaned to you, provided they are ditional insured designated under not being used to perform operations Paragraph 6,a.(2) Subpara- at the time of loss. graphs (a), (b) and (d) does not apply to "bodily injury", "property b. With respect to the insurance pro - damage" or "personal and adver- vided by this section of the endorse- tising injury' arising out of the ment, the following additional provi- sole negligence or willful miscon- sions apply. duct of the additional insured or (1) The Limits of Insurance shown in their agents, "employees" or any the Declarations are replaced by other representative of the addi- the limits designated in Section tional insured. B. Limits of Insurance, 7. b. SECTION IV - COMMERCIAL GEN- Property Damage to Borrowed ERAL LIABILITY CONDITIONS is Equipment of this endorsement hereby amended as follows: with respect to coverage pro- vided by this endorsement, Condition 5. Other insurance is These limits are inclusive of and amended to include: not in addition to the limits being replaced. The Limits of Insurance (1) Where required by a written con- shown in Section B. Limits of tract or agreement, this insur- Insurance, 7. Property Damage ante is primary and / or noinsu - anceo primaryor to Borrowed Equipment of this respects other tributory p y endorsement fix the most we will insurance policy issued to the pay in any one "occurrence" re - additional insured, and such gardless of the number of: other insurance policy shall be excess and / or noncontributing, (a) Insureds; whichever applies, with this in- surance. (b) Claims made or "suits" brought; or (2) Any insurance provided by this endorsement shall be primary to (c) Persons or organizations other insurance available to the making claims or bringing additional insured except: "suits". (a) As otherwise provided in (2) Deductible Clause SECTION IV - COMMER- (a) Our obligation to pay dam- CIAL GENERAL LIABILITY ages on your behalf applies CONDITIONS, 5. Other In- only to the amount of dam- surance, b. Excess Insur- ages for each "occurrence" ance; or which are in excess of the (b) For any other valid and col- deductible amount stated in lectible insurance available Section B. Limits of Insur- to the additional insured as ance, 7. Property Damage an additional insured by at- to Borrowed Equipment of tachment of an endorsement this endorsement The limits to another insurance policy of insurance will not be re - that is written on an excess duced by the application of basis, In such case, the such deductible amount. coverage provided under GCP 203 05 11 Page 10 of 11 Rating Services Home Ratings u Recent Rating Activity n Search for a Rating Regional Centers Rating Process & Definitions n Understanding Best's Ratings a Guide to Best's Ratings » Financial Strength Rating Guide x Issuer Credit Rating Guide n Issue Rating Guide » National Scale Rating Guide x Country Risk Information a Market Segment Outlook Rating Methodology Industry Research Industry & Market Centers Contact an Analyst Conferences & Events Awards & Recognitions Data Submission Center Regulatory Information Find a Best's Credit Rating Ffr" a Czat terry Wrr s a Advanced Search A.M. Best Rating Services Contact Information N Rating Search: 544,dw a Advanced Search The Cincinnati Insurance Company (2) AM. Best #: 000258 NAIC #: 10677 FEIN #: 310542366 Mailing Address View Additional Address Information P.O. Box 145496 Cincinnati, OH 45250-5496 United States Web: www.cinfin.com Phone: 513-870-2000 Lal Print this page Assigned to V1-nCW 81,wi0 Rathp insurance eesr companies A+ Supariar that have, in our opinion, a superior ability to meet their ongoing insurance obligations. Based on A.M. Best's analysis, 058704 - Cincinnati Financial Corporation is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure, n«q, a�., c:. t' ` Ji'f'e'". '�'z�mf."`"rrr. r- ,r'� ��a. rr,«•r[s-*^.nnr�egga^^�<rr..a"3'"""'',.`�' - ,� ts^�- -�: --+-:a Financial Strength Rating View Definition I— = j Rating: A+ (Superior) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: December 18, 2015 Initial Rating Date: June 30, 1955 Best's Credit Rating Analyst Rating Issued by: A.M. Best Rating Services, Inc, Senior Financial Analyst: Darien Ryan Vice President: Daniel J. Ryan Disclosure Information View A.M. Best's Rating Disclosure Form Long -Term Issuer Credit Rating View Definition Long -Term: aa- A.M. Best Upgrades Ratings of The Cincinnati Specialty Outlook: Stable 'C Underwriters Insurance Company j Action: Affirmed December 18, 2015 Effective Date: December 18, 201 I I Initial Rating Date: June 14, 2005 i u Denotes Under Review Best's Rating A.M. Best has provided ratings & analysis on this company since 1955 Financial Strength I Effective Date Rating Long -Term Issuer Credt`t Effective Date Rating 1 12/18/2015 A+ 12/18/2015 aa - 12/12/2014 A+ 12/12/2014 aa - 112/19/2013 112/19/2013 A+ aa - 12/19/2012 A+ 112/19/2012 aa - 12/23/2011 A+ 12/23/2011 aa- "'0'0'10w e following links provide access to related data records that A.M. Best utilizes to provide financial and analytical data on a consolidated or branch basis, AMB # Company Name Company Description 019571 The Cincinnati Insurance Companies (CS) Represents Property/ Casualty business of this legal entity, 004294 The Cincinnati Insurance Companies (G) Represents the A.M. Best Consolidated financials for the Property/ Casualty Rating Unit business of this legal entity, 01 1 AMB Credit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical � I. commentary, detailed business overview and key financial data. Report Revision Date: 5/10/2016 (represents the latest significant change). Historical Reports are available in AMB Credit Report Archive View additional news, reports and products for this company. 1 of 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No, 7368/40 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Chris Steinagel• Christopher M Kemp; Connie Smith; Michael J Douglas: Robert Downey all of the city of Hudson , state of W1 each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of June , 2016 °aAmerican Fire and Casualty Company J�ac�^v?'K `yrs,.{, The Ohio Casualty Insurance Company r 1906 919 191a� ' ts�t Liberty Mutual insurance Company o West merican Insurance Company 1 r '� + ♦ s� y STATE OF PENNSYLVANIA ss David M, Carey,'Assistant Secretary COUNTY OF MONTGOMERY On this 8th day of June 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF I have hereunto subscribed my name and affixed my notarial seat at Plymouth Meeting. Pennsylvania, on the day and year first above written. 5a PAS, COMMONWEALTH OF PENNSY<_VANIA � /} art. �� ur#tvp�7 Ir Notarial Swat 7 Teresa Pasteita, Notary PutAc By. or Plymouth Twp., Montgomery County Teresa Pastella, Notary Public - � soy Commission Expires Margin 28, 2017 .14�4 klembe , Pennsylvania Assoc atcn of Notaries aFry This Power ofAttomey is made and executed pursuant to an by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Libedy Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12_ Power of Anomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such anomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attemeys-in-fact, subject to the limitations set forth in their respective pourers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Xtll - Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, _ seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective povrers of allomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such auomeys-in• 1 fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bands, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bands, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American insurance Company do hereby certily that the original power of attorney of which the foregoing is a full, true an oorr et copy of the Power of Attorney exec ted by said Companies, is in full force and effect and has not been revoked. t,, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day o{ r ' V 20 i' 1,tiDC,1T� t�Y 11St7,+s 5-'� aSUf{% hr'fNSUq,7° ,i �vev-st{f�ya!% ��P tb 'tt w' gr-;..`��tir `ri., �n �� �xn<r aid, .r �y��� ����1_`�����_z•____._ < 1906 p 6 1919 n r 1012 s1991 ° By: b �a Gregory W. Davenport, Assistant Secretary 275 of 300 LMS_12873_122013 Bid Bond AlmnvACONTRACTOR: IA Document A310�' - 2010 Name, legal status and address) Bid Bond No. 0001343 W.L. STREICH EQUIPMENT CO., INC. DBA STREICH EQUIPMENT CO. 833 S 3rd Ave SURETY: Wausau, WI 54401 (Nance, legal status and principal This document has Important legal place of business) consequences. Consultation with an attorney Is encouraged with The Ohio Casualty Insurance respect to Its completion or Company modification. OWNER: (Name, legal status and address) City Of Oshkosh 215 Church Ave. Oshkosh, WI 54903 62 Maple Ave Keene, NH 03435 BOND AMOUNT: Five Percent of the Bid Amount (5.00% of Bid Amount) PROJECT: (Name, location or address, and Project number, if any) Commercial Dishwasher • Oshkosh Convention Center Any singular reference to Contractor, Surety, Owner or other party Mall 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 (I) 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 26th day of Jam, 2016 W.L. STREICH EQUIPMENSTRr~ 0 C z (Principal)��/ (Title) The Ohio Casualtv Insu7.412M (Surety(Seal) 11 3. Hansen (Title) onnle Smith, Attorney -In -Fact AIA Document A310-- 2010. Copyr t ©19 , 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING- This AIA° Document Is protected by U.S. Copyright nd International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted o reproduce ten copies of this document when completed. To report copyright violations ot AIA ContractDocuments, e-mail The American Institute of Architects' legal counsel, coovrig001110 lmmr A""'AIA Document A312 TM -2010 Performance Bond CONTRACTOR: (Name, legal status and address) W.L. STREICH EQUIPMENT CO.. INC. DBA STREICH EQUIPMENT CO. 833 S 3rd Ave Wausau, WI 54401 OWNER: (Name, legal status and address) City Of Oshkosh 215 Church Ave. Oshkosh, WI 54903 CONSTRUCTION CONTRACT Date: 8/11/2016 Amount: $56,953.00 SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Ave Keene, NH 03435 Description: (Name and location) Commercial Dishwasher - Oshkosh Convention Center BOND Date: 8/16/2016 (Not earlier than Construction Contract Date) Amount: $56,953.00 Modifications to this Bond: ® None ❑ See Section 16 Bond NO. 354-035-480 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: (Corporate Seal) Company: (Corporate Seal) W.L. STRETCH EQUIPMENT CO., INC. DBA STIC EQ IP NT CO. Th9,,OCasualty Insuran Company Signature: r "' Signature: A Name Steven S t r e i c h Connie Smith, Attorney-in-fact and Title:P r e s i d e n t and Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: J. Ryan Bonding, Inc. (Architect, Engineer or other party.') 2920 Enloe St., Ste 103 Owner P.O. Box 465 Hudson, WI 54016 800-535-0006 Init. AIA Document A312TM — 2010. The American Insfitute of Architects. 061110 1 § 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. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 if there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner 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 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. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for 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 § 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. § 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. Init. AIA Document A312^ - 2010. The American Institute of Architects. Z § 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. § 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. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal 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 thejurisdiction of the suit shall be applicable. § 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. § 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. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to 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. § 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. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shal I be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AIA Document A31211— 2010. The American Institute of Architects. §16 Modifications to this bond areas follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign ars original AiA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. AIA Document A912TM — 2010. The American Institute of Architects. 4 Bond NO. 354-035-480 tf _ AIA DOC TM Document A312 -2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place W.L. STREICH EQUIPMENT CO., INC. DBA STREICH EQUIPMENT CO. of business) 833 S 3rd Ave The Ohio Casualty Insurance Company This document has important legal Wausau, WI 54401 62 Maple Ave consequences. Consultation with OWNER: Keene, NH 03435 an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. City Of Oshkosh 215 Church Ave. Any singular reference to Contractor, Surety, Owner or Oshkosh, WI 54903 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: 8/11/2016 AIA Document A312-2010 combines two separate bonds, a Amount: $56,953.00 Performance Bond and a Payment Bond, into one form. Description: This is not a single combined (Name and location) Performance and Payment Bond. Commercial Dishwasher - Oshkosh Convention Center BOND Date: 8/16/2016 (Not earlier than Construction Contract Date) Amount: $56,953.00 Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) W.L. STREICH EQUIPMENT CO., INC. DBA STREICFJ EJDUIPMENT CO. Th Ill Casualty Insur ice Company Signature:�Signature: Name Steven S t r e i f 11 Connie Smith, Attorney-in-fact and Title: president and Title: (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: J. Ryan Bonding, Inc. (Architect, Engineer or other party:) 2920 Enloe St. Ste 103 Owner P.O. Box 465 Hudson, WI 54016 800-535-0006 Init. AIA Document A312TM - 2010. The American Institute of Architects. 061110 5 § 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. § 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. § 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 fumished 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. § 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. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial 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). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its 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. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to die 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. Init. AIA Document A312- — 2010. The American Institute of Architects. § 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 (I ) 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 (l) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312- — 2010. The American Institute of Architects. 7 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. AIA Document A312T — 2010. The American Institute of Architects. 8 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRIN 1 ED ON.RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7429785 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Chris Steinagel; Christopher M. Kemp; Connie Smith; Michael J. Douglas; Robert Downey all of the city of Hudson , state of WI each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of July , 2016 PtSO CgSG �jV INS(5S up PNtNsbq, American Fire and Casualty Company �oavog4r 9 JP osvo2:r q9 ,BJP „vvoRgr '�� .0 �Nca2lr M� The Ohio Casualty Insurance Company a 1906 0 0 1919 1912 ° 1991 ° 0 Liberty Mutual Insurance Company y a a� West Americana Insurance Company y d��b KFlA M\^?''a'*�S.a � `WI/A MYS�'0. -Ab �9/j �SStCn•J � 1,� � !'.'bfANP r Gam" d* ti7 * �� * * By: C STATE OF PENNSYLVANIA ss David M. Care ;Assistant Secretary COUNTY OF MONTGOMERY dOn this 25th day of July 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v d Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, p R execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. jp SN PAST COMMONWEALTH OF PENNSYLVANIA �o NW$ ��< Notarial Seal •N �� .� v Teresa Pastella, Notary Public By: G ` of Plymouth Twp., Montgomery County Teresa Pastella, Notary Public \,r My Commission Expires March 29, 2017 L. yO 207%N_\c' Member, Pennsylvania Association of Notaries Ry This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: K_-11 N N d C .N O uN >'W d G Oa Q M O� L 3Ct GMC LM An O t O ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject 0r- to cto such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, "m acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective : powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so d executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > o the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. tIq 45 N ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E o0 and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, L M seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their c 00 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. F0 cD Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and c rrect c y#o the Power of Attorney execu ed by said Companies, is in full force and effect and has not been revoked. N. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 120 AN0 CASU ��Y INSU �tNS U,? PN tNSUgq 4Z4.`,oa'oR4rFGq�� eJPpti7vov,;rFG'92f., J�J�55°uyokgrFoZ�'F �c+ivo�Wr �F a 1906 0 0 1919 1912 o 1991 3 cc %S,C�HAMP?�P�-AD ��/j*�5ACN�!`�4 \2 � �•.fH 0.N^ Y LMS_12873_122013 By: Gregory W. Davenport, Assistant Secretary 6 of 300 AIA Document A312 TM —2010 Performance Bond CONTRACTOR: (Name, legal status and address) W.L. STREICH EQUIPMENT CO., INC. DBA STREICH EQUIPMENT CO. 833 S 3rd Ave Wausau, WI 54401 OWNER: (Name, legal status and address) City Of Oshkosh 215 Church Ave. Oshkosh, W154903 CONSTRUCTION CONTRACT Date: 8/11/2016 Amount: $56,953.00 SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Ave Keene, NH 03435 Description: (Name and location) Commercial Dishwasher - Oshkosh Convention Center BOND Date: 8/16/2016 (Not earlier than Construction Contract Date) Amount: $56,953.00 Modifications to this Bond: ® None ❑ See Section 16 Bond N0. 354-035-480 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: (Corporate Seal) Company: (Corporate Seal) W.L. STREICH EQUIPMENT C2., INC. DBA STREI H EQUIPMENT CO. Th (Ohio CasuaZinsa_nce Com any JA-- ;A�- 14 Signature: Signature: Nage Steven S t r e i c h Connie Smith, Attorney-in-fact and Title: P r ip,5 i d e n t and Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: J. Ryan Bonding, Inc. (Architeel, Engineer or other party:) 2920 Enloe St., Ste 103 Owner P.O. Box 465 Hudson, WI 54016 800-535-0006 Init. AIA Document AM- — 2010. The American Institute of Architects. 051110 I § 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. § 2 if the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner 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. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for 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 § 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. § 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. Init. AIA Document A312T — 2010. The American Institute of Architects. 2 § 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. § 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. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal 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. § 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. § 13 When this Bond has been fumished 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. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to 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. § 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. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. 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 terns of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shal I be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AIA Document A3121" — 2010. The American Institute of Architects § 16 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. AIA Document A912TM — 2010. The American Institute of Architects. 4 Bond NO. 354-035-480 AIA Document1 1 A32 200 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place W.L. STRETCH EQUIPMENT CO., INC. DBA STREICH EQUIPMENT CO. of business) 833 S 3rd Ave The Ohio Casualty Insurance Company This document has important legal Wausau, WI 54401 62 Maple Ave consequences. Consultation with OWNER: Keene, NH 03435 an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. City Of Oshkosh Any singular reference to 215 Church Ave. Contractor, Surety, Owner or Oshkosh, WI 54903 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: 8/11/2016 AIA Document A312-2010 combines two separate bonds, a Amount: $56,953.00 Performance Bond and a Payment Bond, into one form. Description: This is not a single combined (Name and location) Performance and Payment Bond. Commercial Dishwasher - Oshkosh Convention Center BOND Date: 8/16/2016 (Not earlier than Construction Contract Date) Amount: $56,353.00 Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) W.L.STREICHEQUIPMI,-& INC. DBASTREI HEQUIPMENTCO. T e O io Casualty Insur .ce Company Signature: ,� Signature: Name Steven S t r e i c h Connie Smith, Attorney-in-fact and Title: president and Title: (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: J. Ryan Bonding, Inc. (Architect, Engineer or other party:) 2920 Enloe St. Ste 103 Owner P.O. Box 465 Hudson, WI 54016 800-535-0006 Init. AIA Document A312— - 2010. The American Institute of Architects. 061110 6 § 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. § 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. § 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. § 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. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have fumished 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). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its 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. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shal l 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. Init. AIA Document A312^ —2010. The American Institute of Architects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312TO — 2010. The American Institute of Architects. 7 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond areas follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. Document cument A312- - 2010. The American Institute of Architects. 8 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7429788 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Chris Steinagel; Christopher M. Kemp; Connie Smith; Michael J. Douglas; Robert Downey all of the city of Hudson state of WI each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of .July , 2016 ,At SU American Fire and Casualty Company P��YINLiNSUr{ NINSUq ��.°avoryT�'9��.c Q9svaanr�R9y� J1JgtuhRgroyt'F ,4R.�caPcuyr r� y p The Ohio Casualty Insurance Company a 1906 p o 1979 31 191z Q 1991 ° Liberty Mutual Insurance Company 5 x ab West American Insurance Company rA d��bHNAMf"xQ4�aa '�.5. �HAM4.�'P�'aD ��ii 9sSnCHU``E` !� ?� �YCWNP F /� d* r 1 * ~ * * By: C STATE OF PENNSYLVANIA ss David M. Care ; Assistant Secretary COUNTY OF MONTGOMERY tipl On this 25th day of July 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and U m Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a, > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. !p 9P PAs COMMONWEALTH OF PENNSYLVANIA d0 NW,q C Notarial Seal o° i v Teresa Pastella, Notary Public By: C d of Plymoutmsii h Twp., Montgomery County Teresa Pastella, Notary Public M C EMarch 28 2017 \r y omis on xpres arc Member, Pennsylvania Association of Notaries Ry This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: O vCO �'W d C E L on Q M O� L 3� O E LM �o L C •+ of ARTICLE IV- OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, �+ y acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective =p powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so N executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > c the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. t Q r� ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, , and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, .&= M seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their 2 a.0 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. O co Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- F - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the fo egoing is a full, true a d corr ct copy of the Power of Attorney execut d by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of _20 Pp10 AS& �I'l INSU �INSUR �tNSUp QJ�psVa�Tog2r, 0 a 1906 0 0 1919 ^ F 1912 $ ¢ 1991 By: i a p �a Gregory W. Davenport, Assistant Secretary s ��b 'H.4 Mf`,� *�d J��'t"HRMPS�P�-LD �i7 �SSne:rNs� !2 � :•eoa�+^ � 7 of 300 LMS_12873_122013 o mn TM-� 4�AIAocu e t A312 —2010 Performance Bond CONTRACTOR: (Name, legal status and address) W.L. STREICH EQUIPMENT CO., INC. DBA STREICH EQUIPMENT CO. 833 S 3rd Ave Wausau. WI 54401 OWNER: (Name, legal status and address) City Of Oshkosh 215 Church Ave. Oshkosh, WI 54903 CONSTRUCTION CONTRACT Date: 8/11/2016 Amount: $56,953.00 SURETY: (Name, legal .status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Ave Keene, NH 03435 Description: (Name and location) Commercial Dishwasher - Oshkosh Convention Center BOND Date: 8/16/2016 (Not earlier than Construction Contract Date) Amount: $56,953.00 Modifications to this Bond: ® None O See Section 16 Bond NO. 354-035-480 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: (Corporate Seal) Company: (Corporate Seal) W.L. srRE1CH EQUIPMENT CO., INC. DBA STR CH EQUIP CO. rTh!zo Casualty Insa Company Signature: ii' G�iid Signature: Name Steven S t r e i c h Connie Smith, Attorney-in-fact and Title: president and Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: J. Ryan Bonding, Inc. (Architect, Engineer or other party:) 2920 Enloe St., Ste 103 Owner P.O. Box 465 Hudson, WI 54016 800-535-0006 Init. AIA Document A312- - 2010. The American Institute of Architects. 061110 1 § 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. § 2 if the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner 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. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for 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 § 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. § 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. Init. AIA Document A312T — 2010. The American Insbtute of Architects. Z § 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. § 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. § 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 shal I not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal 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 thejurisdiction of the suit shall be applicable. § 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. § 13 When this Bond has been fumished 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. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to 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. § 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. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. 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 terns of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between 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. Init. AIA Document A31211 — 2010. The American Institute of Architects. § 16 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. AIA Document A312- — 2010. The American Institute of Architects. 4 Bond NO. 354-035-480 "6"""A1A Document A312 TM 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place W.L. STREICH EQUIPMENT CO., INC. DBA STREICH EQUIPMENT CO. of business) 833 S 3rd Ave The Ohio Casualty Insurance Company This document has important legal Wausau, WI 54401 62 Maple Ave consequences. Consultation with OWNER: Keene, NH 03435 an attorney is encouraged with respect to its completion or (Name, legal status and address) on. modification. City Of Oshkosh Any singular reference to 215 Church Ave. Contractor, Surety, Owner or Oshkosh, WI 54903 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: 8/11/2016 AIA Document A312-2010 combines two separate bonds, a Amount: $56,953.00 Performance Bond and a Payment Bond, into one form. Description: This is not a single combined Performance and Payment Bond. (Name and location) Commercial Dishwasher - Oshkosh Convention Center BOND Date: 8/16/2016 (Not earlier than Construction Contract Date) Amount: $56,953.00 Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) W.L. STREICH EQUIPMENT C INC. DBA STREI H EQUIPMENT CO. Th hyo Casualty Insuran a Company Signature: Signature: Name Steven S t r e i c h Connie Smith, Attorney-in-fact and Title: President and Title: (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: J. Ryan Bonding, Inc. (Architect, Engineer or other party:) 2920 Enloe St. Ste 103 Owner P.O. Box 465 Hudson, WI 54016 800-535-0006 Init. AIA Document A312- - 2010. The American Institute of Architects. 061110 5 § 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. § 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. § 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 famished 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. § 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. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial 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). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (al the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its 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. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor fumishing 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. Init. AIA Document A312T — 2010. The American Institute of Architects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1,2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312 TM — 2010. The American Institute of Architects. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shal I be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. AIA Document A312- — 2010. The American Institute of Architects. 8 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7429787 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Chris Steinagel; Christopher M. Kemp; Connie Smith; Michael J. Douglas; Robert Downey all of the city of Hudson state of WI each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of July 2016 No C S jY W5ty\iSSUq N WSUq American Fire and Casualty Company 4F.POa Or(gTFQ9l�pxPonnr�'i'y2r' JJ<paro2, o�'rM �Q.�,��� r� The Ohio Casualty Insurance Company N z 4 o Liberty Mutual Insurance Company d a 1906 0 0 1979 n > 1912 1941 _ a3 y ;b West merican Insurance Company Ul d��Ly ' wr aD 0y eke �, scNus y! ANh fA 0 * 1 * * * *X!r By: , STATE OF PENNSYLVANIA ss David M. Care ; ;4ssistant Secretary C M COUNTY OF MONTGOMERY C dOn this 25th day of July 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v t— v am Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, >,� 0 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d W C E GI _> IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O C. �•' rC P PAS COMMONWEALTH OF PENNSYLVANIA O n�oNw,5 Notarial Seal v p Public By:Teresa Pastella, Notary w M O M d or Plymouth Twp., Montgomery County L O L Teresa Pastella, Notary Public y C My Commission Expires March 28, 2017 3 M 0 Member, Pennsylvania Association of Notaries 0 E Cd a M This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance N c Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: t tea L ARTICLE IV– OFFICERS –Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O c a; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, , y O acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E y powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so — N C executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. r� •M r ARTICLE Xllt –Execution of Contracts –SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, , >d and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, N04 O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their 4-00 Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0o executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 co Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney execut y said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of� , 20 P�� F�91� QJ�aI 02�R92c A � SSq�oR J v M Z n Z 1906 0 0 1919 > 1912 ° 1991 By: V r a Gregory W. Davenport, Assistant Secretary d�FGb 'HAMF`�TC�aa O�,SZ�HAMPS�c,�aD 9j �SSA(..IVSi� r� � �"+.^.;Atih Y= 8 of 300 LMS_12873_122013