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H.I.S. Comp LLC City Hall Roofs Replacement
1 00 CONTRACTOR AGREEMENT: CITY HALL ROOFS REPLACEMENT CITY OF OSHKOSH I G I N THIS AGREEMENT, made on the 24th day of January, 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and H.I.S. COMP LLC, 5700 HWY K, HARTFORD, WI 53027, 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. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (TO BE DETERMINED) 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. City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, W154903-1130 http://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Jon G. Urben, General Services Manager) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled "City of Oshkosh City Hall- SEG Project No. 14357" dated November 10, 2017, and the contractor's bid form and materials 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 V. 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 VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than Friday, November 16, 2018. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $101,392.00 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 VIII. 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 ad- judged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE IX. 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 X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: (Seal of Contractor if a Corporation.) APPROVED: ity Atto CONTRACTOR /CONSULTANT (Specify Title) (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager And:(---,-( /r� � ' �.� k Ck_ . L43 a, 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. City Comptroller 45)�IjoP4 rr SECTION 004100 BID FORM THE PROJECT AND THE PARTIES 1.01 TO: City of Oshkosh City Manager c/o City Clerk's Office - Room 108 215 Church Avenue Oshkosh, Wisconsin 54903 1.02 FOR (PROJECT): 14357 CITY OF OSHKOSH - CITY HALL 2018 ROOF REPLACEMENT 1.03 BID DUE DATE: THURSDAY, JANUARY 11, 2018, AT 10:OOA.M. 1.04 SUBMITTED BY: (BIDDER TO ENTER /NAME AND ADDRESS) A. Bidder's Full Name `J I �H Com �. f� 1. Address oo'r t -y �K) 2. City, State, Zip Hav`� fOr Gi , 3. Phone: 4. Fax: q_ G/17 3 5. Email: 1.05 BASE BID A. Roof Work on Roof Areas 1 through 5 B. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by the Consultant for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Srur�mm of. '9 r " J- n� g dollars. y 0 ?, in lawful money of the United States of America. C. We have included the required security deposit as required by the Instruction to Bidders. D. All applicable federal taxes are included and State of Wisconsin taxes are included in the Bid Sum. 1.06 ACCEPTANCE A. This offer shall be open to acceptance and is irrevocable for thirty-five (35) days from the bid closing date. 14357 / CoO City Hall 2018 004100-1 BID FORM B. If this bid is accepted by Owner within the time period stated above, we will: 1. Commence work on or after contract award. 1.07 CONTRACT TIME A. Complete the Work by Friday, November 16, 2018. 1.08 CHANGES TO THE WORK A. When the Consultant establishes that the method of valuation for Changes in the Work will be net cost plus a percentage fee in accordance with General Conditions, our percentage fee will be: 1. )-5— % percent overhead and profit on the net cost of our own Work; 2. $ I t o . Time (per man hour). 3. $ % percent on the net cost of Work done by any Subcontractor; 1.09 ADDENDA A. The following Addenda have been received. The modifications to the Bid Documents noted below have been considered and all costs are included in the Bid Sum. 1. Addendum # ' Dated 2. Addendum # 2 Dated l 7 C 1.10 BID FORM SUPPLEMENTS A. The following information is included with Bid submission: B. The following Supplements are attached to this Bid Form and are considered an integral part of this Bid Form: 1. Document 004336 - Subcontractors: Include the names of all Subcontractors and the portions of the Work they will perform. 143571 CoO City Hall 2018 004100-2 BID FORM 1.11 BID FORM SIGNATURE(S) The Corporate Seal of F (Bidder - print the full name of your firm) was hereunto affixed in the presence of: &A E — Accvqntal-� (Authorized signing officer, Title) (Seal) Mark, P Sr l,, dH - Ac'c (Authorized signing officer, Title) 1,12 IF THE BID IS A JOINT VENTURE OR PARTNERSHIP, ADD ADDITIONAL FORMS OF EXECUTION FOR EACH MEMBER OF THE JOINT VENTURE IN THE APPROPRIATE FORM OR FORMS AS ABOVE. END OF BID FORM 143571 CoO City Hall 2018 004100-3 BID FORM SECTION 004336 PROPOSED SUBCONTRACTORS FORM PARTICULARS 1.01 HEREWITH IS THE LIST OF SUBCONTRACTORS REFERENCED IN THE BID SUBMITTED BY: 1.02 (BIDDER) qE? Co Anip L LC - 1.03 C- 1.03 TO (OWNECITY OF OSHKOSH 1.04 DATED 7 '- /0 " L � AND WHICH IS AN INTEGRAL PART OF THE BID FORM. 1.05 THE FOLLOWING WORK WILL BE PERFORMED (OR PROVIDED) BY SUBCONTRACTORS AND COORDINATED BY US: LIST OF SUBCONTRACTORS ���''�� 2.01 WORK SUBJECTS.Q..kl�LJ .SU13CONTRACTOR NAME ADDRESS b � I,�� 4r �T L v- L SSL W YL PHONE^ AY` Y - J C l 37 2.02 WORK SUBJECT..................................SUBCONTRACTOR NAME ADDRESS PHONE FAX END OF PROPOSED SUBCONTRACTORS FORM 14357 / CoO City Hall 2018 004336-1 PROPOSED SUBCONTRACTORS FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND ## HUIC00714 KNOW ALL MEN BY THESE PRESENTS, that we H.I.S. COMP., LLC 5700 County Road K Hartford, WI 53027 as Principal, hereinafter called the Principal, and Hudson Insurance Company 100 William Street New York, NY 10038 a corporation duly organized under the laws of the State of DE as Surety, hereinafter called the Surety, are held and firmly bound unto City Of Oshkosh 215 Church Avenue Oshkosh, WI 54903 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid -------------------------------------------Dollars ( $ 5.00% of attached bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City of Oshkosh City Hall 2018 Roof Replacement (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this January 5, 2018 Q'. -(� Q.'t Wit ss Witness H.I.S. COMP. A Alk (Principal) (Seal) Title Huds6n Insurance Company T tle: Kathryn A. \Jleidner, ATTORNEY-IN-FACT AIA DOCUMENT A310 BID BOND AIA a FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE.. N.W. WASHINGTON, D.C. 20006 HUDSON t r 9 BID BOND POWER Or ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, docs make, constitute and appoint Jay A. Zahn, Kathryn A. Weidner, Jenny L. Hirth of the State of Wisconsin its true told lawful Attorncy(s)-in-Fact, at New York City in the Stoic of New fork• each of them alone to have full power to act without the other or others, to make, execute and deliver un its behalf, as Surety, bid bonds for any and all purposes. Stich bid bonds, when duly executed by said Altorney(s)-in-Fact, shall be binding upon said Company ns fully and to (fie same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President (hereunto du ;hihorizcd, on this g[h day of September 20 16 tit New York, New York. �&urar� said) wok' 'Fr?q HUDSON INSURANCE COMPANY SEAL x. rata {{ I�I, l�fJ 1 )fius r3 :tlalds. Cogtoratc Sccrewry Cit rlstophar'r. 5u;utc, l:xccut c Vice fru.Sdcnt STATE OF NEW YORK COUNTY OF NEW YORK SS. On the 8th day of September 20 IG before me personally came Christopher T. Suarez to me known, who being by me duly sworn did depose and say [bat he is an Executive Vice President of HUDSON INSURANCE COMPANY, tl ' Cumptmy described herein and which executed the above instrument, that he knows the seal of said Company, that the seal affixed to said insimmcnl is the curl rate seal of said Company, that it was so afGxcd by order of the hoard of Dircc(ors of said Cum . i V111tt lylly)?j //he signed his name thereto by like order. <RPNY����/ `� �� � •S�pK EXP49' .• * ANN iM. MURPHY (Notarial Scali Z cam,% �c'�s \0' eo" `p Notary Public, State tNc, No. M MU6067553 W 1 = Qualified in Nassau County ZZ P Commission Expires December 10, 2017 •••, ounL�ti'd�S .o CERTIFICATION STATE OF NEW YORK COUNTY OF NEW YORK 3BJ(I111lll�k���\ Tlhe undersigned Dina Daskalakis hereby certifies: THAT the original resnhition, of which the following is a true and correct copy, was duly adapted by unanimous writicu consent of Elie Rpard of Directors of Hudson Insurance Company dated July 27". 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President. the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shat( have the authority and discretion, to appoint Such agent or agents, or attorney or attorncys•in-fact. for the purpose of currying oil this Company's surety business, and to empower such agent or agents, -or attorney or atiome}y-in-fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recngniziuccs, whahcr made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made: and FURTI IER RESOVLrD, that the signature of airy such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or eertifiraion given for the execution of tory bond, undertaking, recognizance, contract of indemnity or other written obligation in lie nature thereof or related thereto, such signature and sox] when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the sninc force and cffcct as though manually affixed." THAT the above and foregoing is a fidl, true and correct copy of Powcr of Attorney issued by said Company, and orthe whole of the original and that the said Power of Attorney Is still in full force and effect and has not been revoked, and furthermore that the Resolution of (he Hoard of Directors, set forth in the said 1'tss,q f norttcy is now in force. ��..�;rlillyfCo // nn/=1 test file hand of the undersigned and the seal or said Company thisy / day or u lVC By Dina Dnskalnkis. Corporate Secretary Fnnn Bid 3 2010 (VI) 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS II: CONTRACTOR'S INSURANCE WITHOUT PROPERTY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh isrip mare coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY & BONDS A. Commercial General Liabilitv coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products–Completed Operations) per project $2,000,000 4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit — any one fire $50,000 6. Medical Expense limit — any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)"if" the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products – Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liabilitv coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1– "Any Auto" basis. C. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liabilitv providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. 4114/14 E. Aircraft Liability, "if" the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. Builder's Risk / Installation Floater / Contractor's Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. G. Also, see requirements under Section 3. H. Bond Requirements Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 2. Payment and Performance Bond. If awarded the contract, bids that are $25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract's execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. II -2 4/14/14 3. APPLICABLE TO CONTRACTORS / SUBCONTRACTORS / SUB -SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk — City of Oshkosh. II -3 "4. " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYY) 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 Insurance Agency contact information, Including street address and PO Box If applicable. CONTACT NAME: PHONE -- Insurance Agents --------------------- PHONE Contact information. LAIC. No. Ext : {AIC. No): --_- _)— --- E-MAIL GENERAL LIABILITY ADDRESS: INSURERS AFFORDING COVERAGE NAIC # this certificate is for. INSURER A: ABC Insurance Company NAIC # EACH OCCURRENCE INSURED Insured's contact information, including name, address and INSURER B: XYZ Insurance Company NAIC # INSURER C: LMN Insurance Company phone number. INSURER D. Insurer(s) must have a minimum A.M. Best rating of A- and a Financial Performance Rating of yr or better. DAMAGE TO RENTED �PREMISES(Eaoccurrence) $50,000 -.I I MED EXP (Any one person) INSURER E: A I❑ICLAIMS-MADE [Z]OCCUR INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE AMY 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 I TYPE OF INSURANCE ADDLI INSR SUBR I WVD I POLICY NUMBER POLICY EFF MMIDD/YYY POLICY EXP MMIDD LIMITS GENERAL LIABILITY certificate, the contract or project # this certificate is for. EACH OCCURRENCE $ 1,000,000 _ ®COMMERCIALGENERALLIABILITY ® General Liability Policy Number ❑ dY Y Policy effective and expiration date. p DAMAGE TO RENTED �PREMISES(Eaoccurrence) $50,000 I MED EXP (Any one person) $ 5,000 A I❑ICLAIMS-MADE [Z]OCCUR I RISO FORM CG 20 37 OR EQUIVALENT ❑I PERSONAL & ADV INJURY 1 GENERAL AGGREGATE I $ 1,000,000 $ 2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: I® PE 04MOC PRODUCTS — COMP/OP AGG $ 2,000,000 IaPOLICY I i I i _ $ AUTOMOBILE LIABILITY ANY AUTO ❑ALL OWNED I❑ SCHEDULED AUTOS i AUTOS i Auto Liability Policy Number I Policy effective and a Qation date. COMBINED SINGLE LIMIT Ea accident)_ _I ;BODILY INJURY Perperson) . $ 1,000,000 -_ I BODILY INJURY (Per accident) $ !(iPROPE acctle DAMAGE $ NNONO-OWNED [:]I HIRED ON i $ 1❑ I ®;UMBRELLA LIAB®OCCUR ==11 ® ❑ i EACH OCCURRENCE ( $ 2,000,000 A I CLAIMS -MADE !EXCESS LU\B ❑� I Umbrella /Jab ' PoGc Number �Y Y P5 effective and a nation date. Y xp ,AGGREGATE i $ 2,000,000 ❑DED j® RETENTION $10,000 I i I $ C WORKERS COMPENSATIONWC /AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE El I ❑ I STATU- I®'TORY LIMITS 1 ! O TI+ ER ER_I__ 1 ----- OFFICE/MEMBER EXCLUDED? YIN (Mandatory in NH) N If yes, describe underE.L. DESCRIPTION OF OPERATIONS below i Workers Compensation Policy Number I E.L. EACH ACCIDENT ! $ 100,000 Policy effective and expiration date. DISEASE—FA EMPLOYEE $ 100,000 [ISEASE—POLICYLIMR � $ 500,000 ❑ ❑ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Additional Insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk — City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh, Attn: City Clerk Insurance Standard 11 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE, THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh, WI 54903-1130 Please indicate somewhere on this AUTHORIZED REPRESENTATIVE certificate, the contract or project # this certificate is for. © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): Locations Of Covered Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) design- nated above. Insurance Standard II SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 p POLICY NUMBER: PoQcy# COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section If — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". Insurance Standard H SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 THE AMERICAN INSTITUTE OF ARCHITECTS 'Jig�� i= _������ AIA Document A310 Bid Bond BOND # HUIC00714 KNOW ALL MEN BY THESE PRESENTS, that we H.I.S. COMP., LLC 5700 County Road K Hartford, WI 53027 as Principal, hereinafter called the Principal, and Hudson Insurance Company 100 William Street New York, NY 10038 a corporation duly organized under the laws of the State of DE as Surety, hereinafter called the Surety, are held and firmly bound unto City Of Oshkosh 215 Church Avenue Oshkosh, W154903 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid ------------------------------------------Dollars ( $ 5.00% of attached bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City of Oshkosh City Hall 2018 Roof Replacement (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this January 5, 2018 Qaw.ev -� 14� Wit ss 4fi&�k Witness H.I.S. COMP., LLC �i AAtVlM (Principal) (Seal) Xl;oudnn+ Title Huds6n Insurance Company T tlel* Kathryn A. Weidner, ATTORNEY-IN-FACT AIA DOCUMENT A310 BID BOND AIA © FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 HUDSON r�w�'•' f, BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESF. PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, witit offices at 100 William Strect, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Jay A. Zahn, Kathryn A. Weidner, Jenny L. Hirth of the State of Wisconsin its true and lawful Attorncy(s)-in-Fact, at New York City in the State of New York, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bid bonds for any and all purposes. Stich bid bonds, when duly executed by said Altorney(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if signed by (lie President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto du -tuthorized, on this 1Sth day of September 20 16 tit New York, New York. �bY;lt� seal) HUDSON INSURANCE COMPANY Nna \\8Ay......•.. \...... n :dalds, Corporate Sccrrtary Chrls(opher'f. Su:u-rz, I:xeeur ee Vi dCnl STATE OF NEW YORK COUNTY OF NEW YORK SS. On the 8th day of September , 20 IG before me personally came Christopher T. Suarcz to me known, who being by me duly sworn did depose and say that he is an Executive Vice President of HUDSON INSURANCE COMPANY, tI • Company described herein and which executed the above instrument, that he knows ilia seat of said Company, that the seal affixed to said instrument is the earl rate seal of said Company, that it was so affixed by order of the Board of Directors of said Cuni�ij(t�p)Ijnl)�c signed his name thereto by tike order. tiY ���� `� ��\�,��ONEXP/h� .,•* ANN hi. MUiWITY (Notarial Scull Q�• t� <<0' 2QTj S Notary Public, Stntc of Nr ' Yo 1. _ F "L� No. 0IMU6067S53 g Qualified in Nassau County ops i�titN Commission Expires December 10, 2017 *•'• ou``� CERTIFICATION STATE OF NEW YORKN�g�tC,S`�\�\ COUNTY OF NEW YORK y171 111HIN Tito undersigned Dina Daskalakis hereby certifies: THAT the original resolution, orwhich ilia following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Etudson Insurance Company dated July 27". 2007, and has not since been revoked, amended or modified: "RESOLVED. that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion. to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this Company's surety business, and to empower such agait or agents, 'or ationicy or attorneys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and rceognizances, whether made by this Company as surety tlhercon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made; and FURTI IER RESOV LE.D, that the signature orally such Officer of the Company and [lie Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of tiny bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether litrctofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company width the same force and ciTcet as though manually affixed." THAT the above and foregoing is a fill], tau and correct copy of power of Attorney issued by said Company. and orihe whole of tic original and that the said Power of Attorney is still in full force and effect and has not been revoked, and Furthermore chat the Resolution of the Board of Directors, set forth in the said 1'vy money is now in force. rens rite hand of the undersigned and the seal of said Company this ✓ day or �! /%« .20 By _ Dina Daskalakis, Corporate Secretary Forst Bid 3 2010 (v 1) THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. HGMW-10-249-0168 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): H.I.S. COMP, LLC 5700 County Road K Hartford, WI 53027 OWNER (Name and Address): City Of Oshkosh 215 Church Avenue Oshkosh, WI 54903 Premium Amount Based on Final Contract Amount SURETY (Name and Principal Place of Business): Hudson Insurance Company 100 William Street New York, NY 10038 CONSTRUCTION CONTRACT Date: January 24, 2018 Amount: ONE HUNDRED ONE THOUSAND THREE HUNDRED NINETY TWO AND 00/100 ($101,392.00) Description (Name and Location): City of Oshkosh City Hall 2018 Roof Replacement BOND Date (Not earlier than Construction Contract Date): February 6, 2018 Amount: ONE HUNDRED ONE THOUSAND THREE HUNDRED NINETY TWO AND 00/100 ($101,392.00) Modifications to this Bond: [X] None L] See Page 3 CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) H.I.S. COMP,, LLC A Signature: 11 1 l(a,,A-i- Name and Title: (Any additional signatures appear on page 3) SURETY COMPANY: (Corporate Seal) Hudson Insuran C//ompany / Signatur . /�G-J Name and Title: ' Kathryn A. Weidner, Attorney -in -Fact FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect, AGENT OR BROKER: or Engineer or other party): R & R INSURANCE SERVICES, INC. PO Box 160 Menomonee Falls, WI 53052 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA u A 312-1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTING - MARCH 1987 1. The Contractor and the 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 to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able 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; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the 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 Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its rights to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 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, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen 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 Subparagraph 4.4, and the Owner refuses the payment tendered 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. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 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. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction 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, or successors. 8. The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9. 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 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 oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA OO A 312-1984 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTING - MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11. 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 con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 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 Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor 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, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) Signature: Name and Title: Address: SURETY Company (Corporate Seal) Signature: Name and Title: Address: AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D., AIA 0 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 L1 [_ S(:) N HGMW-10-249-0168 i��i; t��^a •.47t 3 POWER OF ATTORNEY KNOW ALL MIiN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Jay A. Zahn, Kathryn A. Weidner, ,fenny L. Mirth of the State of Wisconsin its true and lawful Attorncy(s)-in-Pact, at New York, New York, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements. waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars (S 10,000,000.00). Such bonds and undertakings when duly executed by said Attorneys) -in -Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, IIUDSON iNSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly authorized, on this 5th day of December 20 12 at New York, New York. jt t HUDSON INSURANCE COMPANY z` Sge g t1;3 " r�w.!!rs• .. :.. , ""....... B�,,........... �:.....I Di x Christopher T. Suarez Corpora * Secretary Executive Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the '°5th °day of ° December 2012 before. me Personally -came Christoplier "r :Suaraa tome known, who bcing by me duly_ sworn did - depose and say that he is an Executive Vice President of I(UDSON INSURANCE COMPANY, the co rstion described herein and which executed the above instrument, that he knows the seal of said Corporation, that the seal affixed to said instrument is such co rate seal, that was so affixed by order of the Hoard of Directors of said Corporation, and that he signed his name thereto by like order. (Notarial Seal)�.•••' ••• ,�`iy /ice M. t\1URi'H • �y,61ARY P Bi . NotaryPubl ic, S tc of Ncw York No. 01MIJ6067553 * co = Qualified in Nassau County 0ibt(7Ssa ? Commission Expires December 10, 2013 •.•[>Fl ; '� CERTIFICATION STATE OF NEW YORK /ij�' •..,�•...• �`���� COUNTY OF NEW YORK The undersigned Dina Daskalakis hereby certifies: That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27s, 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents, or attorney or attorneys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizances, whether trade by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made; and FURTHER RESOVLED, that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." TIIAT the above and foregoing is a full, true and correct copy of Powcr of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in rut] force and effect and has not been revoked, and furthermore hat the Re lotion of the Board of Directors, set forth in the said Power of Attorney is now in force. ���// ✓/� b/!/ Q/ 20 U Witness the hand of the undersigned and the seal of said Corporation this /A/ 11 day o _ 7 (Corpor ems. �dt ee jjffff it6 •� ......Gr. By........... .... .................. n i )askalakis, CorporSEAate Secrc ry Form Per THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. HGMW-10-249-0168 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): H.I.S. COMP, LLC 5700 County Road K Hartford, WI 53027 OWNER (Name and Address): City Of Oshkosh 215 Church Avenue Oshkosh, WI 54903 SURETY (Name and Principal Place of Business): Hudson Insurance Company 100 William Street New York, NY 10038 CONSTRUCTION CONTRACT Date: January 24, 2018 Amount: ONE HUNDRED ONE THOUSAND THREE HUNDRED NINETY TWO AND 00/100 ($101,392.00) Description (Name and Location): City of Oshkosh City Hall 2018 Roof Replacement BOND Date (Not earlier than Construction Contract Date: February 6, 2018 Amount: ONE HUNDRED ONE THOUSAND THREE HUNDRED NINETY TWO AND 00/100 ($101,392.00) Modifications to this Bond: x None See Page 6 CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) II.1.S. COMP, LLC Signature: j Gc4hrtE47f Name and Title: (Any additional signatures appear on page 6) SURETY COMPANY: (Corporate Seal) IludsonInsuran Company Signat� e• Name end Tifle: Kathryn A. Weidner, Attorney -in -Fact FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect, AGENT OR BROKER: Engineer or other party): R & R INSURANCE SERVICES, INC. PO Box 160 Menomonee Falls, WI 53052 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AWL) THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING - MARCH 1987 1. The Contractor and the 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 perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly, or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials, or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance 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 the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 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. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction 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. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 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 con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA*4 A312-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 1. Amend paragraphs 4.1 and 4.2.3 dealing with notice to the surety by adding at the end of each paragraph "and furnished to surety an explanation of the Clain and copies of documents on which the Claimant relies to support the claim." 2. Amend paragraph 5 by changing "or" to "and" so it reads: 5. If a notice required by paragraph 4 is given by the Owner to the Contractor and to the Surety, that is sufficient compliance. 3. Paragraph 6 above is deleted in its entirety and the following is substituted in its place 6. When the claimant has satisfied the conditions of paragraph 4 and has submitted any additional supporting documentation, and any sworn proof of claim, requested by the Surety, the Surety shall, within a reasonable period of time, which shall not be less than 45 days, respond too the Claimant and offer to pay or arrange for payment of any undisputed amount; provided, however, that the failure of the Surety to fully and/or timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or part of a claim shall not be deemed an admission of liability by the Surety or otherwise constitute a waiver of any rights or defenses the Contractor and/or Surety may have or acquire as to such claim, including, without limitation, any right to dispute such claim. In no event shall the Surety's liability to any claimant under this Bond exceed the sum properly due such claimant. (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: 0 l 4 Signature: ► `d L Name and Title: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA® A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 HuDSON POWER OF ATTORNEY HGMW-10-249-0168 KNOW Al.l. MIiN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Jay A. Zahn, Kathryn A. Weidner, Jenny L. Ifirth of the State of Wisconsin its true and lawful Attorneys) -in -Pact, at New York, New York, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten :Million Dollars ($10,000,000.00). Such bonds and undertakings when duly executed by said Attorneys) -in -Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, IiUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly authorized, on this 5th day of December wr � :L fs•3 1918 .^................. Dr s Corpora Secretary STATE OF NEW YORK COUNTY OF NEW YORK. SS. 2012 at New York, New York. HUDSON INSURANCE COMPANY BC..�^1..................................... Christopher T. Suarez Executive Vice President On the= 5th davof-December � =20-1=� beforemeqsersonally=oame�hristopiw- • .-Suarez to me known, .+vhu bein&by-mc duly-.sAvrn did,,. depose and say that he is an Executive Vice President of HUDSON INSURANCE: COMPANY, the co ration described herein and which executed the above instrument, that he knows the seal of said Corporation, that the seat affixed to said instrument is such co rate seal, that was so affixed by order of the Hoard of Directors of said Corporation, and that he signed his name thereto by like order. ................... (Notarial Scat) \�� \ • ••ZARYp•. �Y /�URPH M49" /// M. IV, ����gG�y �� NotaryPubl ic, S c of New York �P y y No.01MIJ6067553 Qualified in Nassau County Oi*mew � * s Commission Expires December 10, 2013 CERTIFICATION STATE OF NEW YORK COUNTY OF NEW YORK The undersigned Dina Daskalakis hereby certifies: That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Iludson Insurance Company dated July 27", 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents, or attorney or attorneys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizamces, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made', and FURTHER RESOVLED, that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." Ti IAT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore at the Resolution of the Board of Directors., set forth in the said Power of Attorney is now in force./ p� Witness the hand of the undersigned and the scat of said Corporation this /�f� . day o /-r.! 6lV20 0 ab'ta. e (Corpor �, k''�f.'t °' SEAL o�4W i askalakis, Corporate Seere ry Form Per b S(v l )