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HomeMy WebLinkAboutSabel Mechanical 133q3 ORIGINAL City 11411lopr Of Oshkosh RECEIVED JAN 2.2 2019 th tLrRK'S OFFICE , CONTRACTOR AGREEMENT: INSTALLATION OF CITY FURNISHED KENNEDY MODEL 7561A 30" GATE VALVES WASTEWATER TREATMENT PLANT CITY OF OSHKOSH THIS AGREEMENT, made on the 9th day of JANUARY, 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SABEL MECHANICAL, W3150 COUNTY ROAD H,FOND DU LAC,WI 54937,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 CON 1 I ACT 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. This Instrument 2. Proposal Solicitation 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 (DOUG SABEL,OWNER) 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 1130 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 (PETE GULBRONSON,WASTEWATER TREATMENT PLANT) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled "INSTALLATION OF CITY FURNISHED KENNEDY MODEL 7561A 30" GATE VALVES WASTEWATER TREATMENT PLANT" dated DECEMBER 3, 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 30,2019. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$56,494.00 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: CON ' • • • ICON' T By ,4.•■■fin_ Valet (Seal of Contractor (Specify Ti e) if a Corporation.) By: Oeer (Specify Title) CITY OF OSHKOSH Ate„,eq By: Mark A. ohloff, City Manager (Witness) ti And: (Witness) Pamela R.Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City A mey . ,rii JC\.LJYYl City Comptroller ‘3(44,r /1 CITY OF OSHKOSH BID PROPOSAL FORM INSTALLATION OF CITY FURNISHED KENNEDY MODEL 7561A 30-INCH GATE VALVES WASTEWATER TREATMENT PLANT From: -4 ht/ /4t G�4�i C4 I (Bidder's Company Name) BID PROPOSAL DEADLINE: TUESDAY DECEMBER 18,2018 10:30 A.M. Date: �ot 1 r I if Addenda: Receipt of Addenda numbered N/A of A//A are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this bid please write "N/A" above. SECTION#1 (INSTALLATION OF TWO INFLUENT GATE VALVES) BID DESCRIPTION UNIT EST. BID UNIT BID TOTAL PRICE ITEM QTY. PRICE 1 Furnish all labor,equipment,and materials to remove old gate valve and install City furnished 30-Inch Kennedy Model 7561A Gate Valve for Influent c.a —4 Pump#1, complete as specified Each 1 $ /cZ,30 0. $ /c,.d d 2 Furnish all labor,equipment,and materials to remove old gate valve and install City furnished 30-Inch Kennedy Model 7561A Gate Valve for Influent / Pump#3, complete as specified Each 1 $ 1 '�i I d O- $ 3 Furnish and install 30-Inch EBAA Mega Flanges or approved equivalent, pp ..acomplete as specified Each 2 $ �/ *3 13. $ b, ( 3C). GRAND TOTAL OF SECTION I (ITEMS 1-3) $ 3 i, 19.3o, 31 • ALTERNATE#1 (INSTALLATION OF EFFLUENT GATE VALVE) BID DESCRIPTION UNIT EST. BID UNIT BID TOTAL PRICE ITEM QTY. PRICE 1A Furnish all labor,equipment,and materials to remove old gate valve and install City furnished 30-Inch Kennedy Model 7561A Gate Valve for Effluent co. Pump#1,complete as specified Each 1 $ 1 iTic( $ 2A Furnish and install 30-Inch EBAA Mega Flange or approved equivalent, complete as specified Each 1 $ 3 3 $ GRAND TOTAL OF ALTERNATE#1 (ITEMS 1-2) $ 02C 6� u � GRAND TOTAL OF SECTION 1&ALTERNATE #1 $ S 6.,L1 1. 32 SIGNATURES Date: /c/ 1$ J Name of Company: Se,4 e/ eLA1n. C.. Submitted by (Name/Title): Pouf 6c,I / O i e Email: den @ Sq c6gA:to I I. Co.v Address of c�Company: "l/.3 / O �� 17 I d. Il F./ridF./ridcif,. l�+� LLt r s f 937 P Y� Phone: I. - 'fD y' S.$ 71 That I have ex• e. and -. e lly prepared this Proposal from the Plans and Specifications - • hay, ch-a ed the same in detail before submitting this Proposal;that I have full au .rity a e su a statements and submit this Proposal in (its) (their) behalf,and at sai. st. ement% e e and correct. Signature: Title: AO, 33 THE AMERICAN INSTITUTE OF ARCHITECTS ',)r r'• Premium Amount Based on Final Contract Amount Bond No. HGMW-10-249-0196 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): SURETY(Name and Principal Place of Business): SABEL MECHANICAL, LLC Hudson Insurance Company W3150 County Road H 100 William Street FOND DU LAC,WI 54937 New York, NY 10038 OWNER(Name and Address): City Of Oshkosh 215 Church Avenue Oshkosh,WI 54903 CONSTRUCTION CONTRACT Date: January 9, 2019 Amount: FIFTY SIX THOUSAND FOUR HUNDRED NINETY FOUR AND 00/100 ($56,494.00) Description (Name and Location): Installation of City Furnished Kennedy Model 7561A 30" Gate Valves BOND Date (Not earlier than Construction Contract Date): January 10, 2019 Amount: FIFTY SIX THOU ND FOUR HUNDRED NINETY FOUR AND 00/100 ($56,494.00) Modifications to t ' Bon . [X] None Li See Page 3 CONTRACTO AS P NCIP SURETY COMPANY: Co porate Seal) COMPANY: (Corporate Seel) SABEL MEC ANIC , LLC Hudson Insu n'e Company Signature: Signa JT-!Iv cv �- _� Name and T . Name and T le: Kathryn A. Weidner ,Attorney-in-Fact (Any additional signatures appear on page 3) 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 A 312-1984 1 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, hind themselves,their heirs, executors, administrators, reasonable promptness under the circumstances: successors, and assigns to the Owner for the performance .1 After investigation, determine the amount for which it may of the Construction Contract,which is incorporated herein be liable to the Owner and, as soon as practicable after the by reference. 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. 2. If the Contractor performs the Construction Contract, 5. If the Surety does not proceed as provided in Paragraph the Surety and the Contractor shall have no obligation 4 with reasonable promptness,the Surety shall be deemed under this Bond, except to participate in conferences as to be in default on this Bond fifteen days after receipt of an provided in Subparagraph 3.1. additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under 3. If there is no Owner Default,the Surety's obligation this Bond, and the Owner shall be entitled to enforce any under this Bond shall arise after: remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the 3.1 The Owner has notified the Contractor and the payment tendered or the Surety has denied liability, in Surety at its address described in Paragraph 10 below whole or in part,without further notice the Owner shall be that the Owner is considering declaring a Contractor entitled to enforce any remedy available to the Owner. 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 6. After the Owner has terminated the Contractor's right notice to discuss methods of performing the Construc- to complete the Construction Contract, and if the Surety tion Contract. If the Owner, the Contractor and the elects to act under Subparagraph 4.1, 4.2, or 4.3 above, Surety agree, the Contractor shall be allowed a reason- then the responsibilities of the Surety to the Owner shall able time to perform the Construction Contract, but not be greater than those of the Contractor under the such an agreement shall not waive the Owner's right, if Construction Contract,and the responsibilities of the any, subsequently to declare a Contractor Default; and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the 3.2 The Owner has declared a Contractor Default and amount of this Bond, but subject to commitment by the formally terminated the Contractor's right to complete Owner of the Balance of the Contract Price to mitigation of the contract. Such Contractor Default shall not be de- costs and damages on the Construction Contract,the Sure- dared earlier than twenty days after the Contractor and ty is obligated without duplication for: the Surety have received notice as provided in Sub- paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- 3.3 The Owner has agreed to pay the Balance of the tion Contract; Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor 6.2 Additional legal,design professional and delay selected to perform the Construction Contract in accor- costs resulting from the Contractor's Default, and re- dance with the terms of the contract with the Owner. suiting from the actions or failure to act of the Surety under Paragraph 4; and 4. When the Owner has satisfied the conditions of Para- graph 3,the Surety shall promptly and at the Surety's ex- 6.3 Liquidated damages, or if no liquidated damages pense take one of the following actions: are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- 4.1 Arrange for the Contractor,with consent of the mance of the Contractor. Owner, to perform and complete the Construction Contract; or 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- 4.2 Undertake to perform and complete the Construc- struction Contract, and the Balance of the Contract Price Lion Contract itself, through its agents or through inde- shall not be reduced or set off on account of any such pendent contractors; or unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or 4.3 Obtain bids or negotiated proposals from its heirs,executors, administrators,or successors. qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- 8. The Surety hereby waives notice of any change, includ- struction Contract, arrange for a contract to be pre- ing changes of time,to the Construction Contract or to pared for execution by the Owner and the contractor related subcontracts, purchase orders and other obliga- selected with the Owner's concurrence, to be secured tions. with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the 9. Any proceeding, legal or equitable, under this Bond Construction Contract, and pay to the Owner the may be instituted in any court of competent jurisdiction in amount of damages as described in Paragraph 6 in ex- the location in which the work or part of the work is located cess of the Balance of the Contract Price incurred by the and shall be instituted within two years after Contractor Owner resulting from the Contractor's default;or Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails 4.4 Waive its rights to perform and complete, arrange to perform its obligations under this Bond,whichever oc- for completion, or obtain a new contractor and with reasonable curs first. If the provisions of this Paragraph are void or promptness under the circumstances: prohibited by law,the minimum period of limitation available AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA© A 312-1984 2 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 tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- 10. Notice to the Surety, the Owner or the Contractor shall duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11. When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived,to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company Q, (Corporate Seal) (Corporate Seal) Signature: N [ 1 Signature: f\I r ',(� Name and Title: Name and Title: Address: 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 • H U D SL ,_�N -HGMW 10- 249-0196 f\\lI1L\\l I t;l?;,1 I' POWER OF 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, does make, constitute and appoint Jay A. Zahn,Kathryn A.Weidner,.lenny L.Mirth of the State of Wisconsin its true and lawful Attorney(s)-in-Fact,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 Attorney(s)-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,!JUDSON 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. t L/ HUDSON INSURANCE COMPANY .:t SEAL s S e 1918 Ev tit BY Di < is Christopher T.Suarez Corpora •Secretary Executive Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 5th day of December .20 12 before me personally came Christopher'I'. Suarez to me known,who being by me duly sworn 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 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) `�� PNN• MURAm. '�•�EHFU6li• ���., Notary Public,S Ftc of New York • co K%qO., L No.OIMU6067553 $c = Qualified in Nassau County 01A1(1970 j* Commission Expires December 10,2013 0,6 • at� �, CERTIFICATION STATE OF NEW YORK �i� �• . �•� `���� COUNTY OF NEW YORK ///s &FIRES 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 I ludson 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 recognizanccs, 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 hereaRcr,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" f!lAT 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. � l\ Witness the hand of the undersigned and the seal of said Corporation this t 11 day o � 1��✓ 20 (Corpora ,.,.: 1 S t,r.s E f' S «io 15118 askalakls,Corporate Secre ry Form Per 0.8.2e (v1) THE AMERICAN INSTITUTE OF ARCHITECTS :l lf'•J y Bond No. HGMW-10-249-0196 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): SURETY(Name and Principal Place of Business): SABEL MECHANICAL, LLC Hudson Insurance Company W3150 County Road H 100 William Street FOND DU LAC, WI 54937 New York, NY 10038 OWNER (Name and Address): City Of Oshkosh 215 Church Avenue Oshkosh,WI 54903 CONSTRUCTION CONTRACT Date: January 9, 2019 Amount: FIFTY SIX THOUSAND FOUR HUNDRED NINETY FOUR AND 00/100 ( $56,494.00 ) Description (Name and Location): Installation of City Furnished Kennedy Model 7561A 30" Gate Valves BOND Date(Not earlier than Construction Contract Date: January 10, 2019 Amount: FIFTY SIX THOUSAND FOUR HUNDRED NINETY FOUR AND 00/100 ( $56,494.00 ) Modifications to this B nd: x None See Page 6 i I CONTRACTO S P INC AL SURETY COMPANY: (Corp ate eal) COMPANY: (Corporate Seal) SABEL ME ANI AL, LC Hudson Insurance ompany Signature: Sig • / (AIL Name and Title: Name and Title: Kathryn A.Weidner, Attorney-in-Fact (Any additional signatures appear on page 6) 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.,AIACH, 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, 6. When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors, and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant, with a copy to mance of the Construction Contract, which is incorpo- the Owner, within 45 days after receipt of the claim, rated herein by reference. stating the amounts that are undisputed and the basis 2. With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly, or indirectly, amounts. for all sums due Claimants, and 7. The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is 8. Amounts owed by the Owner to the Contractor under for the payment for labor, materials, or equipment fur- the Construction Contract shall be used for the perfor- nished for use in the performance of the Construction mance of the Construction Contract and to satisfy claims, Contract, provided the Owner has promptly notified if any, under any Construction Performance Bond. By the Contractor and the Surety(at the address the Contractor furnishing and the Owner accepting this described in Paragraph 12)of any claims, demands, Bond, they agree that all funds earned by the Contractor liens, or suits and tendered defense of such claims, in the performance of the Construction Contract are demands, liens or suits to the Contractor and the dedicated to satisfy obligations of the Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- 9. The Surety shall not be liable to the Owner, Claimants ment, directly or indirectly, for all sums due. or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be 4. The Surety shall have no obligation to Claimants liable for payment of any costs or expenses of any Claim- under this Bond until: ant under this Bond, and shall have under this Bond no obli- 4.1 Claimants who are employed by or have a direct gations to make payments to, give notices on behalf of, or contract with the Contractor have given notice to the otherwise have obligations to Claimants under this Bond. Surety(at the address described in Paragraph 12)and 10. The Surety hereby waives notice of any change, sent a copy, or notice thereof, to the Owner, stating including changes of time, to the Construction Contract that a claim is being made under this Bond and,with or to related subcontracts, purchase orders and other substantial accuracy, the amount of the claim. obligations. 4.2 Claimants who do not have a direct contract 11. No suit or action shall be commenced by a Claimant with the Contractor: under this Bond other than in a court of competent juris- .1 Have furnished written notice to the Con- diction in the location in which the work or part of the tractor and sent a copy, or notice thereof, to work is located or after the expiration of one year from the the Owner, within 90 days after having last date(1)on which the Claimant gave the notice required by performed labor or last furnished materials or Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last equipment included in the claim stating, with labor or service was performed by anyone or the last mate- substantial accuracy, the amount of the claim rials or equipment were furnished by anyone under the Con- and the name of the party to whom the struction Contract, whichever of(1)or(2)first occurs. If the materials were furnished or supplied or for provisions of this Paragraph are void or prohibited by law, whom the labor was done or performed; and the minimum period of limitation available to sureties as a .2 Have either received a rejection in whole or defense in the jurisdiction of the suit shall be applicable. in part from the Contractor, or not received 12. Notice to the Surety, the Owner or the Contractor within 30 days of furnishing the above no- shall be mailed or delivered to the address shown on the tice any communication from the Contractor signature page. Actual receipt of notice by Surety, the by which the Contractor has indicated the Owner or the Contractor, however accomplished, shall claim will be paid directly or indirectly; and be sufficient compliance as of the date received at the .3 Not having been paid within the above 30 address shown on the signature page. days, have sent a written notice to the Surety 13. When this Bond has been furnished to comply with a (at the address described in Paragraph 12)and statutory or other legal requirement in the location where sent a copy, or notice thereof, to the Owner, the construction was to be performed, any provision in this stating that a claim is being made under this Bond conflicting with said statutory or legal requirement Bond and enclosing a copy of the previous shall be deemed deleted herefrom and provisions con- written notice furnished to the Contractor. forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA® 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 Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14. Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract: The agreement between 15. DEFINITIONS the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and 15.1 Claimant: An individual or entity having a direct changes thereto. contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract. The neither been remedied nor waived,to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil,gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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: V ( j Signature: Name and Title: Name and Title: Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.AIAOO A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006 THIRD PRINTING-MARCH 1987 • t.0 H HUDSON HGMW 10 249-0196 POWER OF 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, does make, constitute and appoint Jay A. 'Zahn,Kathryn A.Weidner,Jenny L.Ifirth of the State of Wisconsin its true and lawful Attorney(s)-in-Fact,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 (510,000,000.0(1). Such bonds and undertakings when duly executed by said Attomey(s)-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, I3UDSON 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. �F°a , HUDSON INSURANCE COMPANY Di ` Is Christopher T.Suarez Corpora •Secretary Executive Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 5th day of December .20 12 before me personally came Christopher T.Suarez to me known,who being by me duly sworn 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 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, `d,\ 3tI ifatt„/„„ • (Notarial Seal) `��� .PN pU�py1% M.MURPH r • �pFHFU�•. Notary Public,S .tc of Ncw York •N" �/q .. S No.01 MU6067553 3'c Qualified in Nassau County 3 01Af0600 I* Commission Expires December 10,2013 �,�,�,��' •63 CERTIFICATION STATE OF NEW YORK �i, • t ;;:•� `��� COUNTY OF NEW YORK ///// WII S`;,‘‘\��� 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 recognizances, 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 hereaRer,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" T1tAT 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. II (� Witness the hand of the undersigned and the seal of said Corporation this ! day o 3 ��a f 1 ,20 ‘q (Corpora f 644.; 1918 ;3 9R�wM4' i askalakis,Corporate Sccre ry Form Per O'8'2i (v1) THE AMERICAN INSTITUTE OF ARCHITECTS Premium Amount Based on Final Contract Amount Bond No. HGMW-10-249-0196 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): SURETY(Name and Principal Place of Business): SABEL MECHANICAL, LLC Hudson Insurance Company W3150 County Road H 100 William Street FOND DU LAC, WI 54937 New York, NY 10038 OWNER(Name and Address): City Of Oshkosh 215 Church Avenue Oshkosh,WI 54903 CONSTRUCTION CONTRACT Date: January 9, 2019 Amount: FIFTY SIX THOUSAND FOUR HUNDRED NINETY FOUR AND 00/100 ($56,494.00) Description (Name and Location): Installation of City Furnished Kennedy Model 7561A 30" Gate Valves BOND Date (Not earlier than Construction Contract Date): January 10, 2019 Amount: FIFTY SIX THOUSAND FOUR HUNDRED NINETY FOUR AND 00/100 ($56,494.00) Modifications to this Bo • [X] None [I See Page 3 CONTRACTOR S PRIN IP SURETY COMPANY: (Cor to Seal) COMPANY: (Corporate Seal) SABEL MEC ANICA ,L C Hudson Insuranc Company !/ _ Signature: Sig Name and Title: Name and i e: Kathryn A. Weidner,Attorney-in-Fact (Any additional signatures appear on page 3) 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 CkI) A 312-1984 1 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, reasonable promptness under the circumstances: successors, and assigns to the Owner for the performance .1 After investigation,determine the amount for which it may of the Construction Contract,which is incorporated herein be liable to the Owner and, as soon as practicable after the by reference. 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. 2. If the Contractor performs the Construction Contract, 5. If the Surety does not proceed as provided in Paragraph the Surety and the Contractor shall have no obligation 4 with reasonable promptness, the Surety shall be deemed under this Bond, except to participate in conferences as to be in default on this Bond fifteen days after receipt of an provided in Subparagraph 3.1. additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under 3. If there is no Owner Default, the Surety's obligation this Bond, and the Owner shall be entitled to enforce any under this Bond shall arise after: remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the 3.1 The Owner has notified the Contractor and the payment tendered or the Surety has denied liability, in Surety at its address described in Paragraph 10 below whole or in part,without further notice the Owner shall be that the Owner is considering declaring a Contractor entitled to enforce any remedy available to the Owner. 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 6. After the Owner has terminated the Contractor's right notice to discuss methods of performing the Construc- to complete the Construction Contract, and if the Surety tion Contract. If the Owner, the Contractor and the elects to act under Subparagraph 4.1, 4.2, or 4.3 above, Surety agree, the Contractor shall be allowed a reason- then the responsibilities of the Surety to the Owner shall able time to perform the Construction Contract, but not be greater than those of the Contractor under the such an agreement shall not waive the Owner's right, if Construction Contract, and the responsibilities of the any, subsequently to declare a Contractor Default; and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the 3.2 The Owner has declared a Contractor Default and amount of this Bond, but subject to commitment by the formally terminated the Contractor's right to complete Owner of the Balance of the Contract Price to mitigation of the contract. Such Contractor Default shall not be de- costs and damages on the Construction Contract, the Sure- dared earlier than twenty days after the Contractor and ty is obligated without duplication for: the Surety have received notice as provided in Sub- paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- 3.3 The Owner has agreed to pay the Balance of the tion Contract; Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor 6.2 Additional legal,design professional and delay selected to perform the Construction Contract in accor- costs resulting from the Contractor's Default, and re- dance with the terms of the contract with the Owner. suiting from the actions or failure to act of the Surety under Paragraph 4;and 4. When the Owner has satisfied the conditions of Para- graph 3,the Surety shall promptly and at the Surety's ex- 6.3 Liquidated damages,or if no liquidated damages pense take one of the following actions: are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- 4.1 Arrange for the Contractor,with consent of the mance of the Contractor. Owner,to perform and complete the Construction Contract; or 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- 4.2 Undertake to perform and complete the Construc- struction Contract, and the Balance of the Contract Price tion Contract itself,through its agents or through inde- shall not be reduced or set off on account of any such pendent contractors;or unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or 4.3 Obtain bids or negotiated proposals from its heirs, executors, administrators,or successors. qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- 8. The Surety hereby waives notice of any change, includ- struction Contract, arrange for a contract to be pre- ing changes of time,to the Construction Contract or to pared for execution by the Owner and the contractor related subcontracts, purchase orders and other obliga- selected with the Owner's concurrence, to be secured tions. with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the 9. Any proceeding, legal or equitable, under this Bond Construction Contract, and pay to the Owner the may be instituted in any court of competent jurisdiction in amount of damages as described in Paragraph 6 in ex- the location in which the work or part of the work is located cess of the Balance of the Contract Price incurred by the and shall be instituted within two years after Contractor Owner resulting from the Contractor's default;or Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails 4.4 Waive its rights to perform and complete, arrange to perform its obligations under this Bond,whichever oc- for completion, or obtain a new contractor and with reasonable curs first. If the provisions of this Paragraph are void or promptness under the circumstances: prohibited by law, the minimum period of limitation available AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA® A 312-1984 2 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 tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- 10. Notice to the Surety, the Owner or the Contractor shall duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11. When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived,to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) (Corporate Seal) Signature: 4(\`' 1. Signature: rNsL, A Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D.,AIA O A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006 THIRD PRINTING-MARCH 1987 HUDSON HGMW-10-249-0196 / POWER OF 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, does make, constitute and appoint Jay A.Zahn,Kathryn A.Weidner„Jenny L.'firth of the State of Wisconsin its true and lawful Attorney(s)-in-Fact,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 Attomey(s)-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,HUDSON INSURANCE COMI'ANY has caused these presents to be of its Executive Vice President thercunto duly authorized,on this 5th day of December ,20 12 at New York,New York. 44 • tf s $ HUDSON INSURANCE COMPANY _ 1918 )• biY Dr s Christopher T.Suarez Corpora •Secretary Executive Vice President STATE OF NEW YORK COUNTY Of'NEW YORK. SS. On the 5th day of December .20 12 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, the co ration 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 Board of Directors of said Corporation,and that he signed his name thereto by like order. 0``IIIHIfNIfJ//!!j/ (Notarial Seat) ��\�\\`.PN..pU. 'zr, i,�� M.MURPH *..:yP•cE.pFNei$X,c;• Notary Public,S .to of Ncw York Q No.01 MU6067553 3c - Qualified in Nassau County 7 Ot AlUs08755,p *? Commission Expires December 10,2013 CERTIFICATION STATE OF NEW YORK �i�/ • • �ty COUNTY OF NEW YORK //��!t/MBES,'���\� 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 I Judson 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 recognizances, 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 RESOVLL•'D,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 t the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. ,at�(� Witness the hand of the undersigned and the seal of said Corporation this 1tk ' ' day o -Lay\AC-t / ,20 1,9 ��.N!aeee (Corporai f bljy,, SEAL 191a1` By.... ..... . ..... ...... \„/'...... ............._. 9}M,,�►.:' i askalakis,Corporate Seem ry Form Per 0 811 (v 1) THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. HGMW-10-249-0196 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): SURETY(Name and Principal Place of Business): SABEL MECHANICAL, LLC Hudson Insurance Company W3150 County Road H 100 William Street FOND DU LAC, WI 54937 New York, NY 10038 OWNER (Name and Address): City Of Oshkosh 215 Church Avenue Oshkosh,WI 54903 CONSTRUCTION CONTRACT Date: January 9, 2019 Amount: FIFTY SIX THOUSAND FOUR HUNDRED NINETY FOUR AND 00/100 ( $56,494.00 ) Description (Name and Location): Installation of City Furnished Kennedy Model 7561A 30"Gate Valves BOND Date(Not earlier than Construction Contract Date: January 10, 2019 Amount: FIFTY SIX THOUSAND FOUR HUNDRED NINETY FOUR AND 00/100 ( $56,494.00 ) Modifications to this Bond: x None See Page 6 CONTRACTOR • • PRI CIP• ,/ SURETY COMPANY: Corpor. �� eal) COMPANY: (Corporate Seal) SABEL ME'HANI - L LC Hudson Insura Company Signature: _ Signature- /'v Name and Itle: �� Name an itl : Kathryn A. Weidner,Attorney-in-Fact (Any additional signatures appear on page 6) 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.,AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 4 THIRD PRINTING-MARCH 1987 1. Th Contractor and the Surety,jointly and severally, 6. When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the ' successors, and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant,with a copy to mance of the Construction Contract, which is incorpo- the Owner, within 45 days after receipt of the claim, rated herein by reference. stating the amounts that are undisputed and the basis 2. With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly,or indirectly, amounts. for all sums due Claimants, and 7. The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is 8. Amounts owed by the Owner to the Contractor under for the payment for labor, materials, or equipment fur- the Construction Contract shall be used for the perfor- nished for use in the performance of the Construction mance of the Construction Contract and to satisfy claims, Contract, provided the Owner has promptly notified if any, under any Construction Performance Bond. By the Contractor and the Surety(at the address the Contractor furnishing and the Owner accepting this described in Paragraph 12)of any claims, demands, Bond, they agree that all funds earned by the Contractor liens, or suits and tendered defense of such claims, in the performance of the Construction Contract are demands, liens or suits to the Contractor and the dedicated to satisfy obligations of the Contractor and Surety, and provided there is no Owner Default. the Surety under this Bond, subject to the Owner's prior- 3. With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- 9. The Surety shall not be liable to the Owner, Claimants ment, directly or indirectly, for all sums due. or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be 4. The Surety shall have no obligation to Claimants liable for payment of any costs or expenses of any Claim- under this Bond until: ant under this Bond, and shall have under this Bond no obli- 4.1 Claimants who are employed by or have a direct gations to make payments to, give notices on behalf of, or contract with the Contractor have given notice to the otherwise have obligations to Claimants under this Bond. Surety(at the address described in Paragraph 12)and 10. The Surety hereby waives notice of any change, sent a copy, or notice thereof, to the Owner, stating including changes of time, to the Construction Contract that a claim is being made under this Bond and, with or to related subcontracts, purchase orders and other substantial accuracy, the amount of the claim. obligations. 4.2 Claimants who do not have a direct contract 11. No suit or action shall be commenced by a Claimant with the Contractor: under this Bond other than in a court of competent juris- .1 Have furnished written notice to the Con- diction in the location in which the work or part of the tractor and sent a copy, or notice thereof, to work is located or after the expiration of one year from the the Owner, within 90 days after having last date(1)on which the Claimant gave the notice required by performed labor or last furnished materials or Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last equipment included in the claim stating, with labor or service was performed by anyone or the last mate- substantial accuracy, the amount of the claim rials or equipment were furnished by anyone under the Con- and the name of the party to whom the struction Contract, whichever of(1)or(2)first occurs. If the materials were furnished or supplied or for provisions of this Paragraph are void or prohibited by law, whom the labor was done or performed; and the minimum period of limitation available to sureties as a .2 Have either received a rejection in whole or defense in the jurisdiction of the suit shall be applicable. in part from the Contractor, or not received 12. Notice to the Surety, the Owner or the Contractor within 30 days of furnishing the above no- shall be mailed or delivered to the address shown on the tice any communication from the Contractor signature page. Actual receipt of notice by Surety, the by which the Contractor has indicated the Owner or the Contractor, however accomplished, shall claim will be paid directly or indirectly; and be sufficient compliance as of the date received at the .3 Not having been paid within the above 30 address shown on the signature page. days, have sent a written notice to the Surety 13. When this Bond has been furnished to comply with a (at the address described in Paragraph 12)and statutory or other legal requirement in the location where sent a copy, or notice thereof, to the Owner, the construction was to be performed, any provision in this stating that a claim is being made under this Bond conflicting with said statutory or legal requirement Bond and enclosing a copy of the previous shall be deemed deleted herefrom and provisions con- written notice furnished to the Contractor. forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA® 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 Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14. Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract: The agreement between 15. DEFINITIONS the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and 15.1 Claimant: An individual or entity having a direct changes thereto. contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract. The neither been remedied nor waived,to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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: N`► l Signature: 14 L 11 Name and Title: Name and Title: Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.AIA®N, A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006 THIRD PRINTING-MARCH 1987 H u [ s0 N HGMW-10-249-0196 POWER OF 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, does make, constitute and appoint Jay A. Zahn, Kathryn A.Weidner,Jenny L.}firth of the State of Wisconsin its true and lawful Attorney(s)-in-Fact,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 I0,000,000.00). Such bonds and undertakings when duly executed by said Attorney(s)-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. I IUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President}hereunto duly authorized,on this 5th day of December ,20 12 at New York,New York. f• i"s HUDSON INSURANCE COMPANY SEAL e 1918 EY bY Di is Christopher T.Suarez Corpora Secretary Executive Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 5th day of December .20 12 before me personally came Christopher T.Suarez to me known,who being by me duly sworn 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 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 Seat) ��� O........s ' /�� . .... r . ;•...................y '•�� M.MURPH • Notary Public,S-tc of New York * • '•" Q, . . No.01MtJ6067553 =rz. jc _ Qualified in Nassau County 07Jd)87$3,p j*= Commission Expires December 10,2013 ••• • re Fmo CERTIFICATION Sl'ATEOF NEW YORK i�/••••:0 ;a �\ COUNTY OF NEW YORK ///�/��)E PIRES1 .\‘ 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 27i°.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 recognizanccs, 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 hereaRcr,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" 'il lAT 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. ++ Witness the hand of the undersigned and the scat of said Corporation this 6© ,day o IP l�G if `� ,20 1 C . (Corpor 444, SEAL :•.• 1918 V�.rr/►.• i eskalak}s,Corporate Seen ry Form Per 611 (vI) THE AMERICAN INSTITUTE OF ARCHITECTS • AIA Document A310 Bid Bond BOND # HUIC00801 KNOW ALL MEN BY THESE PRESENTS, that we SABEL MECHANICAL,LLC W3150 County Road H FOND DU LAC,WI 54937 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°/a 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 Installation of City Furnished Kennedy Model 7561A 30" Gate Valves (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 December 7,2018 • S EL IC (Principal) (Seal) Witness uJ(1e,( Title Hu on Insurance Company • Ti le: Kathryn .Weidner,ATTORNEY-IN-FACT P Witness AIA DOCUMENT A310 BID BOND AIA® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.WASHINGTON,D.C. 20006 1 WARNING: Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. � �i �� H U DSO t.. t/ t.\,t tt.\Nt.I t,ttt ti ll'BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY,n corporation of the State of Delaware,with offices at 100 William Street, Ncw 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,al New York City its 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 Surely,bid bonds for any and all purposes. Such bid bonds.when duly executed by said Attorney(s)-in-Fact,shall he binding upon said Company ns 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, HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President(hereunto du •authorized,on this 8th day of September ,20 16 nt New York.New York. lbY� r2 Beall < b� aF�.'r HUDSON INSURANCE COMPANY SEAL here � f Aittrrr" ...�-V:a.:...Lf�1L�J(�t=fC, ��� �y � .... (hut n aL•dds.Corporate Secretary Christopher T.St air,..,Exeeur a\rice l'rcs den STATE OF NEW YORK COUNTY OF NEW YORK SS. On the 8th day of September ,20 16 before me personally came Christopher T.Suarez to me known,who being by the duly sworn did depose and say that he is an Executive Vice President of HUDSON INSURANCE COMPANY,tl •Company described herein and which executed the above instntmenl,that he knows the seal of said Company,that the seal affixed to said instrument is the coo rate seal of said Company,that it was so affixed by order of Mc Board of Directors of said Con .uklllttfl�lj')lie signed his name thereto by like order. -���•,\ptl EXP/y�. ,�� A,NN M.AtUkl'IIY (Notarial Scott . �''4' y\0.207." G Notary Public,State of Ne •Yorl. .-c F "L No.n I MU6067553 W ,a,6$' _ Qualified In Nassau County Sc'io,\N L Commission Expires December 10,2017 ASS d " �� CERTIFICATION STATE OF NEW YORK '�"rF// UE U:\\\ COUNTY OF NEW YORK /'firm itftll\\ The undersigned Dina Daskalakis hereby certifies: "INAT the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent oldie Board of Directors of Hudson Insurance Company doted July 27's,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 reeognizances,whether 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 nestle;and FURTIIER RESOVVED,that the signature of any such Officer of the Coiupany 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 farce and effect as though manually affixed." THAT the above and foregoing is a full,tote 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 that the Resolution of the Board of Directors,set forth in the said I'vssfj',(t Homey is now in force. 4:P6k.it.14:c... �� fr� t / . \ tess the hand of the undersigned and the seal of said Company this !1'a` day oC .20 J 1-4.1-;-(-- ic&s.,-&-///0"1--16/ •••44.---.. Dina Dnskalnkis,Corporate Secretary a Form(lid 32010(vll