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HomeMy WebLinkAboutAnaerobic Digester Cleaner Full Service Organics 20183HV CONTRACTOR AGREEMENT: ANAEROBIC DIGESTER CLEANING: WASTEWATER TREATMENT PLANT CITY OF OSHKOSH THIS AGREEMENT, made on the 111h day of April, 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FULL SERVICE ORGANICS MANAGEMENT, LLC, 1037 260TH STREET, WOODVILLE, WI 54028, 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: (Rich Ellman, VP- Operations, Full Service Organics Management, LLC) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 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: (Kevin Sorge, Wastewater Plant Manager, Public Works) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for this Project titled "ANAEROBIC DIGESTER CLEANING: WASTEWATER TREATMENT PLANT" dated March 9, 2018, 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 November 15, 2018. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $58,000.00 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: o o,_n�nk cC�E �I arl (Sea of Contractor if a Corporation.) (Witness) Jaw ai&tkil, (Witness) APPROVED: CONTRACTOR / ONSULT T By: (Specify Title) (Specify Title) CITY OF OSHKOSH By: �i--Z 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. City Comptroller /T 14 CITY OF OSHKOSH ANAEROBIC DIGESTER CLEANING SERVICES BID PROPOSAL FORM Page 1 of 2 From:FV11,SeCyi[.e- Of' c A1*CS AA L!g 0 en -1- LL 4 (bidder's company name) BID PROPOSAL DEADLINE: THURSDAY, MARCH 29, 2018 011:00 A.M. Date: Addenda: Receipt of Addenda numbered&AI of 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): Mobilization and Demobilization $ 2.yO • o0 Unit price per dry ton for removal of approximately 100 Dry tons of solids delivered to the Outagamie County Landfill 'lg , Oa 100 dry tons (more/less) 7 x 100 dry tons $ / 7 Unit Price ,OO TOTAL LUMP SUM BID: $ SC -9 coo Work to commence in_ pen after receipt of order Terms: lfle -t () 27 CITY OF OSHKOSH ANAEROBIC DIGESTER CLEANING SERVICES BID PROPOSAL FORM Page 2 of 2 SIGNATURES Date ,—Z, 8-lR Name of Company:SQi'Vi Ce ON* /Ji CS ///etll&g2eme4;f Submitted by: (name/title) :GA ERJM -VAP O S Email: /'Q Zlt ha n ©gSo ft A en eni: Geer Address of Company:/437 2Go",&4 (Alec l 3S621Phone: q& -323- W�/ Company Representative that will be named Project Manager for this project, if awarded the bid: WW4 Title 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/;A- Title V?— © el -4,41 'S 28 CITY OF OSHKOSH ANAEROBIC DIGESTER CLEANING SERVICES BID PROPOSAL FORM Page 1 of 2 From: f vll SeCvice Df1Mn1'cJ LL C. (bidder's company name) BID PROPOSAL DEADLINE: THURSDAY, MARCH 29, 2015 0 11:00 A.M. Date: Addenda: Receipt of Addenda numbered&AI of 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): ,, 00 Mobilization and Demobilization $ /a Unit price per dry ton for removal of approximately 100 ✓✓✓ Dry tons of solids delivered to the Outagamie County Landfill 100 dry tons (more/less) 7 x 100 dry tons Unit Price .00 TOTAL LUMP SUM BID: $ 000 Work to commence in _ Oma/) after receipt of order Terms: /i/G f 3 O 27 CITY OF OSHKOSH ANAEROBIC DIGESTER CLEANING SERVICES BID PROPOSAL FORM Page 2 of 2 SIGNATURES Date-3"ZS—a Name of Company: FullSoPrw Ce OCrg i CS /jleii�' L G, Submitted by: (name/title)&& E%/M•Q Email: ra ///horn P%a Mf.n V2a+end: Go,4 Address of Company:/437 2r o� filo ; / 4r-ft&rPhone: q&0 3 23- Company Representative that will be named Project Manager for this project, if awarded the bid: Name r Title 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 V?— © era 4 b S 28 CHI 1 C_1 r)P In- .IQ r r%W=0Ar•-cc r=RTII=1reTr nn InnRFa• REVISION NUMBER: vTHIS 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 AeCOR�" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/13/2018 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 have ADDITIONAL INSURED provisions or 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 715-246-2001 SF Insurance Group 214 S. Knowles Ave New Richmond, WI 54017 Sean Fitzgerald cAME^cT Sean Fitzgerald PHONE 715-246-2001 FAX 715-246-3206 (A/c, No, Ext): IA/c, No): ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Western National Insurance Co 15377 INSURED Full Service Organics INSURER 13: Rockhill Insurance Company INSURER C Management LLC 1037 26th St GENT AGGREGATE LIMIT APPLIES PER POLICY a jE� LOC OTHER: Woodville, Wi 54028 INSURER D: INSURER E: A INSURER F: r r%W=0Ar•-cc r=RTII=1reTr nn InnRFa• REVISION NUMBER: vTHIS 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 SUB POLICY NUMBER POLICY EFF YM POLICY EXPf LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR Y CPP1158511 • 03/29/2018 03/29/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 ao cu e $ MED EXP (Any oneperson) 51000 PERSONAL & ADV INJURY 1,000,000 GENT AGGREGATE LIMIT APPLIES PER POLICY a jE� LOC OTHER: GENERAL AGGREGATE $ 2'000'000 - COMP/OP AGG 2,000,000 -PRODUCTS A AUTOMOBILE LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS AUT OS ONLY AUTOS ONEY CPP1157461 03/29/2018 03/29/2019 COMBI dent SINGLE LIMIT 1,000,000 BODILY INJURY Perperson) $ BODILY INJURY Per accident PPerr a..% DAMAGE $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UMB1026526 03!29/2018 03/29/2019 EACH OCCURRENCE $ 5'000'000 AGGREGATE $ DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYYIN OFFICERIMEMBER EXCLUDED? ECUTIVE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 09/21/2017 09/21/2018 PER E TH- A LITECV1022886 500,000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE 600,000 500 000 E.L. DISEASE - POLICY LIMIT ' B Pollution L(ab ENVP01785600 08/2612017 08/26/2018 Each Poll 2,000,000 Agg 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate holder is hereby included as an additional insured under the General Liability. XOSHK-1 City of Oshkosh PO Box 1130 Oshkosh, WI 54903 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reservea. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page'1 of 2 2. 'Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment 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 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional Insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 0413 CONTRACTOR: (Name, legal status and address) Full Service Organics Management, LLC 1037 260th Street Woodville, WI 54028 OWNER: (Name, legal status and address) City of Oshgosh City Hall, 215 Church Avenue PO Box 1130 Oshgosh, WI 54903-1130 BOND AMOUNT: 5% of Bid Amount CNASURETY Bond No. 72014680 SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and principal place of business) PROJECT: (Name, location or address, and Project number, if any) Anaerobic Digester Cleaning Services 333 S. Wabash Avenue 41 st Floor Chicago, IL 60604 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this lytn _ day of Cyr' (Witness) March 2018 "Full Service Organics Management, LLC (Pri cipel) (Seal) ('M Western Surety Company (Surety) (Seal),. (Tale) We brot , Attor n>ay- In --act Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A310 - Bid Bond - 2010 Edition. POWER OF ATTORNEY (Irrevocable) Know All Men by These Presents: N°• SP- 19'6 ' S=5 3 5 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following TWO � authorized individuals: AtT110RIZED INDIVIDUALS AUTHORIZED INDIVIDUALS JOHN D WEISBROT PATRICIA A TINSMAN in the City of P I P E R S V I L L E , State of PENNSYLVANIA , with limited authority, its true and lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond: ONE CONTRACT SURETY: BID, PERFORMANCE AND PAYMENT BOND, UNDERTAKING, OR OTHER OBLIGATORY INSTRUMENT OF A SIMILAR NATURE IN AMOUNTS NOT EXCEEDING ONE MILLION AND NO/100 DOLLARS (**1,000,000.00). ********************************************************************** ********************************************************************** ********************************************************************** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of FEBRUARY 28 2023 , but until such time shall be irrevocable and in full force and effect. WESTERN SURETY COMPANY further certifies that the following is a true and exact copy of Section 7 of the By -Laws of Western Surety Company, duly adopted and now in force, to wit: "Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Trers rer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the reasurer may appoint Attorneys in Factor Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." The penal amount of the bond herein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or telegram signed by the Underwriting Manager, Underwriting Consultant, Underwriting Specialist, Underwriter, President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Western Surety Company specifically authorizing said increase. IN WITNESS WHEREOF, Western Surety Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 13tH day of June , 2016 WESTERN SURETY COMPANY STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA I ss. By Vice Presiden On this 13th day of June in the year 2016 before me, a Notary Public, personally appeared Paul T. Bruflat, who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. ►rrrrrrrrrrrrrrrrrrrrrrrr► f O MOHR as /r;, SOPUBLIC SEAL t a SOUTHUTH DAKOTA a ►rrrrrrrrrrrrrrrrrrrsrrr►-.._,�.._,_....._...�.�.�.r.�..�.._.._ _. _.�.�... ....�..�..._.. _.. _. .. My Commission Expires June 23, 2021 Notary Public, South Dakota I, the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do her y rtify that the attached Power ofAttomey is in fpll force and effect and is irrevocable; and furthermore, that Section 7 of the By -Laws of the company asset f th er of Ain for e. In testimony whereof, I have hereunto set my hand and the seal of Western Surety Company this * day ofo ow * IMPORTANT: This date must be filled in before it is attached W E S T E S U ET C O P A N Y to the bond and it must be the same date as the bond. By Form 749-6-2016 To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services > Validate Bond Coverage. Vice Presidefift NOTICE: This border must be BLUE. If it is not BLUE, this is not a certified copy. --3- WAS WESTERN SURETY COMPANY Sioux Falls, South Dakota Statement of Net Admitted Assets and Liabilities December 31, 2017 ASSETS Bonds $ 1,895,156,151 Stocks 28,408,086 Cash, cash equivalents, and short-term investments 24,679,133 Receivables for securities 7,500,016 Investment income due and accrued 22,426,771 Premiums and considerations 37,932,713 Amounts recoverable from reinsurers 1,562,035 Current federal and foreign income taxes recoverable from CNA Financial Corporation 3,481,084 Net deferred tax asset 10,688,834 Receivable from parent, subsidiaries, and affiliates 11,647,470 Other assets 10,215 Total Assets $ 2,043,492,508 LIABILITIES AND SURPLUS Losses $ 201,046,845 Loss adjustment expense 57,918,199 Commissions payable, contingent commissions and other similar charges 10,047,343 Other expenses (excluding taxes, license and fees) 943,877 Taxes, License and fees (excluding federal and foreign income taxes) 3,447,669 Unearned premiums 223,752,269 Advance premiums 5,436,181 Ceded reinsurance premiums payable 1,720,726 Amounts withheld or retained by company for account of others 7,338,456 Provision for reinsurance 239,534 Payable to parent, subsidiaries and affiliates 12,934 Payable on security transations 4,000,000 Other liabilities 367,837 Total Liabilities $ 516,271,870 Surplus Account: Common stock $ 4,000,000 Gross paid in and contributed surplus 280,071,837 Unassigned funds 1,243,148,801 Surplus as regards policyholders $ 1,527,220,637 Total Liabilities and Capital $ 2,043,492,508 I, Troy ',%ray-s,Assistant Vice President of Western Surety Company hereby certify that the above is an acct fft ,b e" 'a i ion of the financial statement of the Company dated December 31, 2017, as filed W. ..iii.• ance Departments and is a true and correct statement of the condition of Western w `that date. =tqCi K, Western Surety Company zz �p S B �P14 m`` Assistant Vice Pr ent idltif�t Subscribed and sworn to me this 8th day of March , 2018. My commission expires:YOLAN' NOA~ J MENEz OFFICIAL SEAL Notary Public, State of Illinois My commission Expires NotP bIic September 2A 1091 Performance Bond CONTRACTOR: (Name, legal status and address) Full Service Organics Management, LLC 1037 260th Street Woodville, WI 54028 OWNER: (Name, legal status and address) City of Oshkosh 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 CONSTRUCTION CONTRACT Date: April 11, 2018 . Amount: $58,000.00 OVASURETY Bond No. 7202500 SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and principal place of business) 333 S. Wabash Avenue 41 st Floor Chicago, IL 60604 Description: (Name and location) Anaerobic Digester Cleaning: Wastewater Treatment Plant BOND Date: April 19, 2019 (Not earlier than Construction Contract Date) Amount: $58,000.00 Modifications to this Bond: ❑✓ None ❑ See Section 16 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) Full Service Organics Manage/me mme , LLC Western Surety Com any Signature;, Signature: Name Name John D. Weisbro and Title: and Title: Attorney -In -Fact (Any additional sig tures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: JW Bond Consultants, Inc. (Architect, Engineer or other party.) 6023A Kellers Church Road Pipersville, PA 18947 Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition. § 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 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 shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition. 3 Payment Bond CONTRACTOR: (Name, legal status and address) Full Service Organics Management, LLC 1037 260th Street Woodville, WI 54028 OWNER: (Name, legal status and address) City of Oshkosh 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 CONSTRUCTION CONTRACT Date: April 11, 2018 Amount: $58,000.00 C`NA UR TY Bond No. 72025001 SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and principal place of business) 333 S. Wabash Avenue 41st Floor Chicago, IL 60604 Description: (Name and location) Anaerobic Digester Cleaning: Wastewater Treatment Plant BOND Date: April 19, 2019 (Not earlier than Construction Contract Date) Amount: $58,000.00 Modifications to this Bond: W1 None ❑ See Section 18 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Full Service Organics Management, LLC Western Surety Company Signature: Signature: - ok%A Name Name John D. Weisbr and Title: and Title: Attorney -In -Fact (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: JW Bond Consultants, Inc. (Architect, Engineer or other party:) 6023A Kellers Church Road Pipersville, PA 18947 Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Payment Bond - 2010 Edition. 5 § 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. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Payment Bond - 2010 Edition. 7 POWER OF ATTORNEY (Irrevocable) No. SP- 26258616 Know All Men by These Presents: A A That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following TWO E:::� authorized individuals: AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS JOHN D WEISBROT PATRICIA A TINSMAN in the City of P I P E R S V I L L E State of PENNSYLVANIA with limited authority, its true and lawful Attomey(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond: ONE CONTRACT SURETY: BID, PERFORMANCE AND PAYMENT BOND, UNDERTAKING, OR OTHER OBLIGATORY INSTRUMENT OF A SIMILAR NATURE IN AMOUNTS NOT EXCEEDING ONE MILLION AND NO/100 DOLLARS (**1,000,000.00). ********************************************************************** ********************************************************************** ********************************************************************** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of FEBRUARY 28 2023 , but until such time shall be irrevocable and in full force and effect. WESTERN SURETY COMPANY further certifies that the following is a true and exact copy of Section 7 of the By -Laws of Western Surety Company, duly adopted and now in force, to wit: "Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authorityto issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers ofAttomey or other obligations of the corporation. The signature of any such officer and the corporate seal maybe printed by facsimile." The penal amount of the bond herein described maybe increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or telegram signed by the Underwriting Manager, Underwriting Consultant, Underwriting Specialist, Underwriter, President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Westem Surety Company specifically authorizing said increase. IN WITNESS WHEREOF, Western Surety Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 13th day of June , 2016 WESTERN SURETY COMPANY STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA I ss. ByNice Presider On this 13th day of June in the year 2016 before me, a Notary Public, personally appeared Paul T. Bmflat, who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTURN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. *444444444444444444444444* f J. MOHR ++ r�'� NOTARY PUBLIC ��SEAL+ EAL SOUTH DAKOTA i +44444444444444444444444 •^--.—. .._,._.__. _... ..._.._.._..�s.,�__..�.�,�..__F...Y.._.. My Commission Expires June 23, 2021 Notary Public, South Dakota I, the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that Section 7 of the By -Laws of the company as set the Power of Atto nowt i force. In testimony whereof, I have hereunto set my hand and the seal of Western Surety Company this * day of WEST7vi SURETY COMP�A`N�'Y�/ * IMPORTANT: This date must be filled in before it is attached to the bond and it must be the same date as the bond. By Form 749-6-2016 mm To validate bond authenticity, go to www.cnasurety.co> Owner/Obligee Services> Validate Bond Coverage. eePreside t NOTICE: This border must be BLUE. If it is not BLUE, this is not a certified copy. WESTERN SURETY COMPANY Sioux Falls, South Dakota Statement of Net Admitted Assets and Liabilities December 31, 2017 ASSETS Bonds $ 1,895,156,151 Stocks 28,408,086 Cash, cash equivalents, and short-term investments 24,679,133 Receivables for securities 7,500,016 Investment income due and accrued 22,426,771 Premiums and considerations 37,932,713 Amounts recoverable from reinsurers 1,562,035 Current federal and foreign income taxes recoverable from CNA Financial Corporation 3,481,084 Net deferred tax asset 10,688,834 Receivable from parent, subsidiaries, and affiliates 11,647,470 Other assets 10,215 Total Assets $ 2,043,492,508 LIABILITIES AND SURPLUS Losses $ 201,046,845 Loss adjustment expense 57,918,199 Commissions payable, contingent commissions and other similar charges 10,047,343 Other expenses (excluding taxes, license and fees) 943,877 Taxes, License and fees (excluding federal and foreign income taxes) 3,447,669 Unearned premiums 223,752,269 Advance premiums 5,436,181 Ceded reinsurance premiums payable 1,720,726 Amounts withheld or retained by company for account of others 7,338,456 Provision for reinsurance 239,534 Payable to parent, subsidiaries and affiliates 12,934 Payable on security transations 4,000,000 Other liabilities 367,837 Total Liabilities $ 516,271,870 Surplus Account: Common stock $ 4,000,000 Gross paid in and contributed surplus 280,071,837 Unassigned funds 1,243 148,801 Surplus as regards policyholders $ 1,527,220,637 Total Liabilities and Capital $ 2,043,492,508 I, Troy,raty*,Assistant Vice President of Western Surety Company hereby certify that the above is an accts .. � � t,gion of the financial statement of the Company dated December 31, 2017, as filed w' A -Va i iii.. ance Departments and is a true and correct statement of the condition of Western S that date. Western Surety Company BY Assistant Vice Pr ent Subscribed and sworn to me this 8th day of March , 2018. My commission expires: Yo� DAJIM" NEE OFFICIAL. SHAT Notary Public, Stets of Illinois lr_ My commission Expires Not P bllc Se tember 24 2921