HomeMy WebLinkAboutContractor Agreement- Plant Roof Replacement for Water Filtration Plant ORIGINAt
Oshkosh
CONTRACTOR AGREEMENT:
CITY OF O�
THIS AGREEMENT, made on the :1.3th clay of July, 2018, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and. WEINERT ROOFING, A
DIVISION OF WEINER:T ENTERPRISES, INC., 1597 PROGRESS WAY, KAUKAUNA, WI 54130,
hereinafter referred to as the CONTRACTOR,
W:IT"NESSETH:
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 1. 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 t1le 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
otl.-erwise specifically stated.
ARTICLE 11. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
OVINW01 WvAt4s
( Project Manager)
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.U.Box 1130 Oshkosh,4M 54903-1 130 http://www,ci.oshkosh.wi.us
ARTICLE 111. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Jon Urben, General Services)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the Contractor's Proposal dated June 21,
2018, attached as Exhibit A.
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 as soon as possible.
ARTICLE VII. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$110,970.00 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: CONTRACTOR/CONSULTANT
By:
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By:
Mark A. Rohloff, City Mariager
(With ss
Azad.C",
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.
141,
City Attorney
i QfYl, 40 A)
City Comptroller
or,4
SECTION 004100
BID FORM
THE PROJECT AND THE PARTIES
1.01 TO:
City of Oshkosh
City Manager c/o City Clerk's Office-Room 108
215 Church Avenue
Oshkosh,Wisconsin 54903
1.02 FOR (PROJECT): 14274 CITY OF OSHKOSH-WATER FILTRATION 2018 ROOF
REPLACEMENT
1.03 BID DUE DATE: THURSDAY,JUNE 21,2018,AT 11:00A.M.
1.04 SUBMITTED BY: (BIDDER TO ENTER NAME AND ADDRESS)
A. Bidder's Full Name uf)V1'�dl(�✓1 0T �, tYl't Y"� 'G►� � '111C,
1. Address
2. City, State, Zip _r_ 0wy- �-1A) I 6-H V" b
3. Phone: qL0 •15q- C11d920
4. Fax: �so"1)5"1' D Z
5. Email: C4V1+12C
1.05 BASE BID J
A. Roof Work on Roof Area 7
B. Having examined the Place of The Work and all matters referred to in the Instructions to
Bidders and the Contract Documents prepared by the Consultant for the above mentioned
project,we,the undersigned, hereby offer to enter into a Contract to
perform the Work for the
Sum of:
dollars.
(S D F5 , in lawful money of the United States of America.
C. We have included the required security deposit as required by the Instruction to Bidders.
D. All applicable federal taxes are included and State of Wisconsin taxes are included in the Bid
Sum.
14274/Ca0 Water Filtration 2018 004100- 1 BID FORM
.
,
' . .
1.06 ACCEPTANCE �
A. This offer shall be open to acceptance and is irrevocable for thirty-five(36)days from the bid |
closing date.
B. If this bid ia accepted by Owner within the time period stated above,vvewill:
1. Commence work onor after contract award,
1.07 CONTRACT TIME �
A. Complete the Work by Friday, November 3D, 2D1D. �
1.08 CHANGES TO THE WORK
A. When the Consultant establishes that the method of valuation for Changes in the WorkviUbe
net cost plus a percentage fee in accordance with General Conditions, our percentage fee will
be:
1. percent overhead and profit on the net cost of our own Work.
w�
2. Time(per man hou¢
3. % percent profit on Work done by any Subcontractor. �
�
1O8 ADDENDA
. ^
A. The following Addenda have been received.The modifications to the Bid Documents noted |
below have been considered and all costs are included in the Bid Sum.
1. Addendum# Dated
2. Addendum# Dated
1.10 BID FORM SUPPLEMENTS
A. The following information io included with 8i6 submission: -
B. The following Supplements are attached b this Bid Form and are considered on integral part of
this Bid Form:
1 Document 004336-Subcontractors: Include the names of all Subcontractors and the
portions of the Work they will perform.
2. Document UU4323'Alternates: Include the cost variations to the Bid Sum applicable to
the Work aa described|n Section O1238O.
|
�
'
|
14274/CoD Water Filtration 2D1D 004100- 2 BID FORM �
1.11 BID FORM SIGNATURE(S)
Th' Corporate Seal of
(Bidder-print the full name of your firm)
was hereunto affixed in the presence of:
d�o�Q 11:: A -
(Authorized signing officer, Title)
(Seal)
(Authorized signing officer, Title)
1.12 IF THE BID IS A JOINT VENTURE OR PARTNERSHIP,ADD ADDITIONAL.FORMS OF
EXECUTION FOR EACH MEMBER OF THE JOINT VENTURE IN THE APPROPRIATE FORM
OR FORMS AS ABOVE.
END OF BID FORM
14274/CoO Water Filtration 2018 004100- 3 BID FORM
SECTION 004336
PROPOSED SUBCONTRACTORS FORM
PARTICULARS
1.01 HEREWITH IS THE LIST OF SUBCONTRACTORS REFERENCED IN THE BID SUBMITTED BY:
1.02 (BIDDER) Wgj Y►-(("+ P.60.6104
1.03 TO (OWNER) CITY OF OSHKOSH %•!
1.04 DATED I A-----AND WHICH IS AN INTEGRAL PART OF THE BID FORM.
1.05 THE FOLLOWING WORK WILL BE PERFORMED(OR PROVIDED) BY SUBCONTRACTORS
AND COORDINATED BY US:
LIST OF SUBCONTRACTORS
2.01 WORK SUBJECT.�C{+..K'. .ISUBCONTRACTOR NAME M a'
ADDRESSPa, ,J
PHONE q2 b" 7, , —H q 4 LS,)_____—FAX
2.02 WORK SUBJECT..................................SUBCONTRACTOR NAME
ADDRESS
PHONE FAX
END OF PROPOSED SUBCONTRACTORS FORM
14357/CoO Water Filtration 2018 004336- 1 PROPOSED SUBCONTRACTORS FORM
SECTION 004323
ALTERNATES FORM
PARTICULARS
1.01 THE FOLLOWING IS THE LIST OF ALTERNATES REFERENCED IN THE BID SUBMITTED BY:
1.02 (BIDDER) ,QL 4C� O& e
1.03 TO: CITY OF OSHKOSH
ALTERNATES LIST
2.01 THE FOLLOWING AMOUNTS SHALL BE ADDED TO OR DEDUCTED FROM THE BID
AMOUNT, REFER TO SECTION 012300-ALTERNATES: SCHEDULE OF ALTERNATES.
2.02 ALTERNATE#1 (INSTALL PRE-FABRICATED WALKWAY WHERE INDICATED ON SHEET
RP-3):
(ADD ( I$
END OF ALTERNATES FORM
14357/CaO,Water Filtration 2018 004323- 1 ALTERNATES FORM
.al.vAIA Document A310'm - 2010
Bid Bond Bond Number: 2386837
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Weinert Roofing of business) ADDITIONS AND DELETIONS:
1897 Progress Way West Bend Mutual Insurance Company The author of this document has
Kaukauna,W1 54130-4145 PO Box 620976 added information needed for its
Middleton, W1 53562 completion.The author may also
OWNER: have revised the text of the original
(Name, legal status and address) AIA standard form.An Additions and
City of Oshkosh Deletions Report that notes added
215 Church Ave information as well as revisions to
Oshkosh WI 54901-4747 the standard form text is available
from the author and should be
BOND AMOUNT: $ Five Percent of the Amount Bid reviewed.A vertical line in the left
margin of this document indicates
PROJECT: where the author has added
(Name, location or address, and Project number, if any) necessary information and where
Water Filtration Re-Roof the author has added to or deleted
from the original AIA text.
This document has important legal
The Contractor and Surety are bound to the Owner in the amount set forth above, for the consequences.Consultation with an
payment of which the Contractor and Surety bind themselves,their heirs,executors, attorney is encouraged with respect
administrators,successors and assigns,jointly and severally,as provided herein.The to its completion or modification.
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 maybe Any singular reference to
agreed to by the Owner and Contractor,and the Contractor either(1)enters into a Contractor,Surety,Owner or other
contract with the Owner in accordance with the terms of such bid,and gives such bond or party shall be considered plural
bonds as may be specified in the bidding or Contract Documents,with a surety admitted where applicable.
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.
AIA Document A3110n`—2010.Copyright 0 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNIM This AJAII
Init. Document Is protected by US.copyright Law and international Treaties.Unauthodzed rellproduebon or distribution of this AJA* Document,or any
portion of It,may result in severe cIvil and criminal ponaftles,and wffl be prosecuted to the maximurn extent possible under the law,This document
was produced by AIA software at 04:27:00 on 02108/201t3 under Order No.6604087024 which expires on o2mf,?o19 and is not for resale.
User Notes; (3B9ADA17)
. '
Signed and sealed this 21 day of June , 2018
WeinertRooU
;it n e Lss) (Title) Randy Weinert, President
West Bend Mutual Insurance Company
(Contractor-as Principal) (Seal)
AIA
_Document A-- 2010. _'
rightC 1963,1970 and 2010 byTheAmerican Institute of Architects.All rights reserved,WARNING�This AJA01
�� pro
/ pyright Law and International Treaties.Unauthorizod reproduction or d1stributlon of Ws AJAII Docurnwit,orany 2
portlon of it,may result In severe clvH and crWriat penaffies,and wIll be prosecuted to the maximuni exlwit posMble under the,law.This document
was ovm°�nw�°�=^=' ""=~° ° ��=�="~"~�—`~ ~~^'~p~~~'~~~'~ and is (3eeAoxn)
��������� �������� THE SILVER L|N|NGm
��nmm�aw�m m m��m��m��m��
/�- x *uroAL /wsupAwcc COMPANY,
' 23DUR37
Bond No.
|
POWER OF ATTORNEY �
�
Know all men by these Presents,That West Bend Mutual Insurance Company, a corporation having its principaloffice iDthe City 0f West
i
Bend,Wisconsin does make,constitute and appoint:
KimbedyAechenboch
lawful m^( ' -faC K �
�k8.�xeou03. SBG|8Odd8|iV�[for�Vd0nibGb8h� �Dd��it8� anddg8daO and all bonds,
undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority �
shall exceed iO amount the sum of: Seven Million Five Hundred Thousand Dollars($7.5UD.DOO)
|
This Power of Attorney is �&4-gngn1�d�O� n O8dandoo8�dbv�csi0i|eUnd8r8nd the authority Of the fo|�wingR88O|ut�Oad0V�d !
Directorsbv�8 Board Of odVVRG1 Bend ua| Insurance Company 81@ meeting duly called and held nD the 21m day 0fDecember, �
1999.
Appointment ofAttorney-In-Fact. The mside t or any vice president,or any otherofficerof West Bend Mutual Insurance
Company may appoint by written certificate Attorneys-ln-Fact to act on behalf of the company in the execution of and attesting of
bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby
and the corporate seal may be affixed byfacsimile to any such power of attorney or to any certificate relating therefore and any
such power of attorney or fi such facsimile signatures orfacsimile seal shallb //d andbinding upon the �
company,and x certified -'~—and binding upon
—
� ��o/btu' with e��any bond orun�r��g other writing- obligatory nature to which dbattached �
Any such appointmentonay6erovoked,/orcuuse,orwi/6uutmuxae,byonysu/dqfficoruConyUmu |
|D witness whereof,the West Bend Mutual Insurance Company has caused these presents Uo be signed bv its president undersigned !
and its corporate seal NbR hereto duly attested bv its secretary this 22Od day of S9,ptember, 2017 !
�
Attest ~````~
RPORA
C. Kevin& Steiner
Secretary Chief Executive Of6ocr/Pccoident
State OfWisconsin ````_-'''
County nfWashington
On the 22Od day of September,2O17. before nle personally came Kevin A. Steiner,hJOl8 known being hv duly sworn,did depose and
say that he resides in the County of Washington, State of Wisconsin;that he is the President of West Bend Mutual Insurance Company,
the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal
� affixed to said instrument is such corporate seal;that is was so affixed by order of the board of directors of said corporation and that he
�
signed his name thereto by like order. '''...'''OF-1.1 Notary Public,Washington Co.,W1
My Commission is Permanent
The undersigned, duly elected to the office stated below, the incumbent i West Bend Mutual Insurance Company, Wisconsin
corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force
effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed @\West Bend, Wisconsin this 21st daynf Juno 2018NN
SFAL
Heather Dunn
Vice President-Chief Financial Officer
Any questions concerning thi3POm0r0f/tUJrn8y0Gy'*66dinBded\Vth8BnOdMaDog8r8tNS|. adiYisiOnVfVV8GtBeRd
Mutual Insurance Company,
1900S. |x'^Ave. West Bend,VV} 53095 1 ph (262) sma*}o 1 /-800'236'5004 1 fax(262)338-5058 1 www.thmuv,rxniv8.com
i � �
A A Document A312'm - 2010
Bond Number 2386837
Payment Bond
SURETY:
CONTRACTOR: (Name, legal status and principal ADDITIONS AND DELETIONS:
(Name, legal status and address) place of business) The author of this document has
Weinert Roofing West Bend Mutual Insurance Company added information needed for its
1897 Progress Way PO Box 620976 completion.The author may also
Kaukauna,WI 54130-4145 Middleton,WI 53562 have revised the text of the original
AIA standard form.An Additions and
OWNER: Deletions Report that notes added
and address)
(Name, legal status information as well as revisions to
City of Oshkosh the standard form text is available
215 Church Ave from the author and should be
Oshkosh WI 54901-4747 reviewed,A vertical line in the left
margin of this document indicates
CONSTRUCTION CONTRACT where the author has added
Date:07/13/2018 necessary information and where
the author has added to or deleted
Amount: $110,970.00 from the original AIA text.
Description: Water Filtration Re-Roof This document has important legal
(Name and location) consequences.Consultation with an
attorney is encouraged with respect
BOND to its completion or modification.
Date:07/13/2018 Any singular reference to
(Not earlier than Construction Contract Date) Contractor,Surety,Owner or other
party shall be considered plural
Amount:$ 110,970-00 where applicable.
Modifications to this Bond: XXXX None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal)
Company: (Corporate Seal) West Bend Mutual Insurance Company
Weinert Roofing Signature:
Signature: Name and Title: _-Ki erly Aschenbach Attorney-In-Fact
Name and Title: Randy Weinert, President
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORMATION ONLY -- Name, address and telephone) OWNER'S REPRESENTATIVE:
AGENT or BROKER: (Architect,Engineer or otherparty)
MCCLONE
1807 ERIE AVE
SHEBOYGAN,WI 53082
(920)458-6174
ocument is protected by
of Architects.All rights reserved.WARNING:This AW" D
AIA Document A3112^ -2010 Payment Bond.The American institute r distribution of this AIA0 Document,or any portion of it,may result in
Init. U.S.Copyright Law and International Treaties,unauthorized reproduction o possible under the law,This document was produced by AIA software
civil and criminal penalties,and will be prosecuted to the maximum extent
severe c 024 which expires on 02116/'2019 and is not for resale. (3139ADA10)
at 04 27:00 on OMBM16 under Order No.560407
User Notes:
§ i The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,
successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance
of the Construction Contract,which is incorporated herein by reference,subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,
materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the
Contractor shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in
Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity
seeking payment for labor,materials or equipment fiu-nished for use in the performance of the Construction Contract
and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants,who do not have a direct contract with the Contractor,
A have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy
the amount claimed and the name of the party to whom the materials were, or equipment was,
furnished or supplied or for whom the labor was done or performed,within ninety(90)days after
having last performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§ 5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety
(at the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.
By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor
in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety
under this Bond,subject to the Owner's priority to use the funds for the completion of the work.
AIA Document A312TM—2010 Payment Bond.The American Institute of Architects.Ail rights reserved.WARNING:This AJA0 Document is protected by
Init. result In 2
U.S,Copyright Law arid International Treaties.Unauthorized reproduction or distribution of this AIAN Document,or any portion of it,may
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
at 0427:00 on o21c)8t2018 under Order No.5604087024 which expires on 02116/2019. and is not for resale.
User Notes: (3139ADA10)
§ 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 herefirorn 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;
A 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,beat,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,
AIA Document A312"'—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AJAO Document is protected by
[nit. U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of this AM" Document,or any portion of it,may result in 3
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
at 04VLO on 02MM 18 under Order No.O2116/2019, which expires on WM2019, and Is not for resale. (3139ADA10)
User Notes:
WESTBEND THE SILVER LINING
A MUTUAL INSURANCE COMPANY"
Bond No. 2386837
POWER OF ATTORNEY
Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West
Bend,Wisconsin does make,constitute and appoint:
Kimberly Aschenbach
lawful Attorneys)-in-fact,to make,execute,seal and deliver for and on its behalf as surety and as its act and deed any and all bonds,
undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority
shall exceed In amount the sum of; Seven Million Five Hundred Thousand Dollars($7,500,000)
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 215t day of December,
1999.
Appointment of Attorney-In-Fact. The president or any vice president,or any other officer of'West Bend Mutual Insurance
Company may appoint by written certificate Attorneys-In-Fact to act on behalf of the company in the execution of and attesting of
bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby
and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any
such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon
the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached.
Any such appointment may be revoked,for cause,or without cause,by any said officer at any time.
h West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned
In witness whereof,the p Y
attested b its secrets this 22nd day of September, 2017.
and Its corporate seal to be hereto duly t y secretary Y
t1hhl5�U �IGY �' 2Uh GV �`iiu h �• 7 u" _..._—
Attest ...._ •.. - ..
OpRPORATc•
i Christopher C. .,wygart ,,: Kevin A. Steiner
Secretary ` SF.ALZ i Chief Executive Officer/President
CID..
State of Wisconsin -•"
C County of Washington
On the 22nd day of September, 2017, before me personally came Kevin A. Steiner,to me known being by duly sworn,did depose and
say that he resides in the County of Washington, State of Wisconsin;that he is the President of West Bend Mutual Insurance Company,
the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal
affixed to said instrument is such corporate seal;that is was so affixed by Order of the board of directors of said corporation and that he
signed his name thereto by like order. �.
''NOTAr�y'� Juli A nedom
PUBLIC,��.r Senior arporate Attorney
"T ••"• 'p��, NotaryPublic,Washington Co.,WI
., aF v,,isc ,.
My Commission is Permanent
The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company,a Wisconsin
corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force
effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed at West Bend,Wisconsin this 13th day of July 2018
SEAI $ Heather Dunn
Vice President—Chief Financial Officer
Notice: Any questions concerning this Power of Attorney may"6e directed to the Bond Manager at NSI, a division of West Bend
Mutual Insurance Company.
1900 S. 18,h Ave. West 13end,W1 53095 1 ph (262) 334-"6430 ; 1-800 236-5004 1 fax (262) 338-5058 1 www.tllcsilverlining.com
- AIA Document A312'm - 2010
Performance Bond Bond Number: 2386837
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal ADDITIONS AND DELETIONS:
Weinert Roofing place of business) The author of this document has
1897 Progress Way West Bend Mutual Insurance Company added information needed for its
Kaukauna,WI 54130-4145 PO Box 620976 completion.The author may also
Middleton,WI 53562 have revised the text of the original
OWNER: AIA standard form.An Additions and
(Name, legal status and address) Deletions Report that notes added
City of Oshkosh information as well as revisions to
215 Church Ave the standard form text is available
Oshkosh WI 54901-4747 from the author and should be
CONSTRUCTION CONTRACT reviewed.A vertical line in the left
Date:07/13/2018 margin of this document indicates
where the author has added
Amount: $ 110,970.00 necessary information and where
Description: Water Filtration Re-Roof the author has added to or deleted
(Name and location) from the original AIA text.
This document has important legal
consequences.Consultation with an
BOND attorney is encouraged with respect
Date: 07/13/2018 to its completion or modification.
(Not earlier than Construction Contract Date) Any singular reference to
Amount: $ 110,970.00 Contractor,Surety,Owner or other
party shall be considered plural
Modifications to this Bond: FX-X-X-_X] None See Section 16 where applicable.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Weinert Roofing West Bend tual lws Dee 0omppny
Signature: Signature:
Name and Title: Randy Weinert, President Name and Title: limberly Aschenbach ,Attorney-In-Fact
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONI,Y Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
MCCLONE (Architect,Engineer or otherparty)
1807 ERIE AVE
SHEBOYGAN,WI 53082
(920)458-6174
AIA Document A312' —2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAN Document is protected
Ind.
by U.S,Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
at 04:27:00 on 02108;2018 under Order No.56-7- which expires on 02)'EJ2019 and is not for resale.
User Notes: (3139ADA16)
§ 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,
successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein
by reference.
§ 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation
under this Bond,except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering
declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a
conference among the Owner,Contractor and Surety to discuss the Contractor's performance. If the
Owner does not request a conference,the Surety may,within five(5)business days after receipt of
the Owner's notice,request such a conference. If the Surety timely requests a conference,the Owner
shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1
shall be held within ten(10)business days of the Surety's receipt of the Owner's notice. If the
Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,
subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the
Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a
failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,
except to the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner
as a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed
to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the
payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to
enforce any remedy available to the Owner.
AJA Document A3121"—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA9 Document is protected
Init. by U.S,Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIM Document,or any portion of It,may result in 2
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
at 04 27 00 on cyzcerAiB under Order No.5604087024 which expires on 021-209 and is not for resale.
User Notes: (369ADA16)
§ 7 If the Surety elects to act under Section 5.1,5.2 or 53,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.
AIA Document A31121" —2010 Performance Bond.The American Institute of Architects.All rights reserved,WARNING:This AIA11 Document Is protected
InIt. by U.S.Copyright Law and International Treaties.unauthorized reproduction or distribution of this AM," Document,or any portion of it,may result in 3
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
at o4 27 oo on ommo,8 under Order No.W408-1024 which expires on D2/1wo1q, and is not for resale.
User Notes: (3119ADA16)
§ 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.
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
Init. AlA Document A312TM—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected
by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this ALAI' Document,or any portion of it,may result in 4
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAIA software
/ at 0427 ao on OMW2018 under Order No.MN08ro2a which expires on 02)1612019 and Is not for resale.
User Notes: (369ADA16)