HomeMy WebLinkAboutContractors Agreement: Go Transit Bus Maintence Garage PaintingI
"All
City
of
Oshkosh
CONTRACTOR AGREEMENT:
GO TRANSIT BUS MAINTENANCE GARAGE PAINTING
CITY OF OSHKOSH
131115 /60
J
THIS AGREEMENT, made on the 13th day of June, 2018, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and M.V. KLINGER PAINTING CO.
INC., 1910 HARRISON STREET, OSHKOSH, WI 54901, 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 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 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 11. PROTECT MANAGER
A. Assignment of Project Manager, The Contractor shall assign the following individual to
manage the project described in this contract:
(Jay H. Klinger, 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.O. Box 1130 Oshkosh, W1 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:
(Jim Collins, Director of Transportation)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's Invitation for Bid for this Project
titled "GO TRANSIT MAINTENANCE FACILITY INTERIOR PAINTING" dated MAY 5,2018, 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 no later than October L 2018.
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 $45,877.00 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:
(Sea]. of Contractor
if a Corporation.)
- A
W( ss)
(V) (i4ess)
APPROVED:
Ci 4Attot e V
CONTRACTOR /CONSULTANT
By:
(Specify Title)
0
(Specify Title)
By:
Mark A. kohloff, City Manager
And
Pamela R. Ubrig, City Clerk
I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
City Comptroller
/-51 17- A
CITY OF OSHKOSH INVITATION FOR BIDS
GO TRANSIT MAINTENANCE FACILITY INTERIOR PAINTING
BID PROPOSAL FORM
BIDS DUE: 10:00 A.M., THURSDAY, MAY 31,2018
Addenda: Receipt of Addenda numbered J— of are hereby understood,
acknowledged and included in bidder's bid proposal form. If no addenda were issued for this
project please write "N/A!' above.
We, the undersigned, propose to furnish all labor and materials per the project specifications or
noted deviations for the following amount(s):
TOTAL BID PRICE: $, 'q 5, M q � 80
1
(Total Bid Price — in Words)
CJ J
Signatures:
Name (type or py(nt)
Signature
Email Address
Title
Date
klinotr
Name of projedrn�ajer to be as/igned to this project, if awarded
City of Oshkosh — Department of Transportation Page 13
Compliance with Specifications Certification
(Bidder certifies)
The bidder hereby certifies that it will comply with the contractor requirements issued by GO
Transit in this IFB. The bidder warrants and certifies that of the following three paragraphs,
paragraph A or B or C is true (4 check one):
A. The bidder hereby states that it will comply with the requirements in all areas.
(This means that there are no exceptions to the requirements, no matter how
minor. If you have any doubts, check paragraph C or call the procuring agency
for assistance.)
B. VThe bidder hereby states that it will comply with the requirements in all areas
except those where requests for clarification were approved prior to bid
submission.
C. The bidder hereby states that it will comply with the requirements in all areas
except those noted on the attached page. The bidder understands that those
exceptions to the specifications may be considered non -responsive, and may
be rejected.
Signature of Contractor's Authorized Official
-----Name and Title of Contractor's Authorized Official
�:� L'3 Date
City of Oshkosh — Department of Transportation
Page 14
Overall Federal Regulation Compliance Certificatt
49 CFR Part 18
The Contractor listed below hereby certifies that it shall at all times comply with all applicable
ETA regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Federal Transit Administration (ETA) Master Agreement between
the City of Oshkosh/GO Transit and the Federal Transit Administration, as they may be amended
or promulgated from time to time during the term of this contract. The Contractor's failure to so
coinply shall constitute a material breach of this contract.
11_1�
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
City of Oshkosh —Department of Transportation Page 15
CONTRACTOR:
(Name, legal status and address)
M.V. Klinger Painting Co Inc.
Corporation
191.0 Harrison St
Oshkosh, WI 54901
OWNER:
(Narne, legal status and address)
City of Oshkosh
Governmental Entity
21.5 Church Ave
Oshkosh, WI 54901
CONSTRUCTION CONTRACT
Date:
Bond No. ..-6-3 7 1. 2779 5-
SURETY:
(Name, legal status and, principal place
of business)
WESTERN SURETY COMPANY
South Dakota Corporation
1.51. North Franklin
1.7th Floor
Chicago, 11, 60606 This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Forty Five Thousand Fight hundred Severity Seven and
Amount: 00/100
$45,877.00
Description:
(Nunre and, location)
City of Oshkosh Go Transit Maintenance Facility Interior Painting,
BOND
Date: July 5th, 2018
(Not earlier than, Construction Contract Date)
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-201 0
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
Oshgosh, WI
Amount: Forty Five Thousand Eight Hundred Severity Seven and 00/100
$45,877.00
Modifications to this Bond: nX None El See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
M.V. Klinger Painting Co Inc. WESTERN SURETY COMPANY
Signature- Signature: AT
Name 'Lla- Name Attorney -in -Fact
and Title: �/' and Title: Crystal D Donald
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY-- Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Statewide Services, Inc. (Architect, Engineer or other party:)
P. O. Box 5555, Madison, WI 53705-0555
(8 7-1) 7 87 - 2 5 4 6
Printed in cooperation with the American Institute of Architects (AIA).
The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition.
§ 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.
§ 6 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:
§ 6.1 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;
§ 6.3 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
§ 6.4 Waive its right to perform and complete, arrange for completion, or obtain a now 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.
Printed in cooperation with the American Institute of Architects (AIA),
The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition.
§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Printed in cooperation with the American Institute of Architects (AIA).
The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition.
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of addedparties, other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: .................
Name and Title:
Address
Signature:
Name and Title:
Address
Printed in cooperation with the American Institute of Architects (AIA).
The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition. 4
ismuma=
CONTRACTOR:
(Nance, legal status and address)
M.V. Klinger Paint.ing Co Inc.
Corporation
1910 Harrison St
Oshkosh, WI 54901
OWNER:
(Nance, legal status and address)
City of Oshkosh
Governmental Entity
215 Church Ave
Oshkosh, WI 54901
CONSTRUCTION CONTRACT
Date:
Bond No. 63'712'795
SURETY:
(Name, legal status and principal place
of business)
WESTERN SURETY COMPANY
South Dakota Corporation
151 North Franklin
17th Floor This document has important legal
Chicago, IL 60606 consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Forty Five Thousand Eight Hundred Seventy Seven and
Amount: 00/100
$45,877.00
Description:
(Name and location)
City of Oshkosh (.,o Transit Maintenance Facility Interior Painting,
BOND
Date: j . uly 5th, 2018
(Not earlier than Construction Contract Date)
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
Oshgosh, WI
Amount: Forty Five Thousand Eight Hundred Seventy Seven and 00/100
$45,877.00
Modifications to this Bond: FX-1 None ❑ See Section 18
ORPwRgi
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
M.V. Klinger Painting Co Inc. WESTERN SURETY COMPANY
Signature:..... . ....... . ...... ....... Signature
Name e eo' Attorney -in -Fact
Name
and Title: 00 and Title: Crystal D Donal
(Any additional signatures appear on, the last page of this Payment Bond.)
(FOR INFORMATION ONLY— Narne, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Statewide Services, inc- (Architect, F4,ngineer or other, party.)
P. 0. Box 5555, Madison, WI 53705-0555
(87'7)787-2546
Printed in cooperation with the American Institute of Architects (AIA),
The language in this document conforms to the language used in AA Document A312 - Payment Bond - 2010 Edition. 5
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by reference, subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)
of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have 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.
Printed in cooperation with the American Institute of Architects (AIA).
The language in this document conforms to the language used in AIA DocumentA312 - Payment Bond - 2010 Edition.
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located, The intent of this Bond shall be to
include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, 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.
Printed in cooperation with the American Institute of Architects (AIA).
The language in this document conforms to the language used in AIA Document A312 - Payment Bond - 2010 Edition.
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(Space isprouided below for additional signatures of addedparties, other than those appearing on the cover page,)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: _—
Name and Title:
Address
Signature:
Name and Title:
Address
Printed in cooperation with the American Institute of Architects (AIA).
The language in this document conforms to the language used in AIA Document A312 - Payment Bond - 2010 Edition.
Western Surety Coinpany
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 63712795
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing tinder the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents
make, constitute and appoint Crystal D Donald
.......... . . ...... .... - — - -- - ----------
. ....... — --- - ---
its true and lawful attorneys) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bond.,,; for:
Principal: M.V. Klinger Painting Co Inc.
Obligee: City of Oshkosh
Amount: $1,000,000,00
and to bind the Company thereby as fully and to the same extent as if such bond,- were signed by the Vice President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-
fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
If Bond No. 6,37127 95 -— is not issued on or before midnight of October 1st, 2 01.8
all
authority conferred in this Power of Attorney shall expire and terminate.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and
its corporat� July 201.8 ,,,�qal.to be affixed this — - ------- day of
I U od
WES SUR4X)Y COMPANY
W� "71,
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L;
Paull' u—flatVice President
OF S.Ouvi DAI
C01V
MIN.lylril3 A
s
On lhigI-L.-"--day of . ..... July 11., in the year 291—8, before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTEJ�a SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
+
J. MOHR
NOTARY PUBLIC(S—SE�A�Ls
X a DAL X ... -1 - - ���- - - -
SOUTH DAKOTA S U Notary Public - South Dakota
+
My Commission Expires June 23, 2021
1 the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this -5th _,_day of
July 18
S WESUR Y COMPANY
Paul T ruflat, Vice President
To validate bond authenticity, go to www.cnasuretv&om > Owner/Obligee Services > Validate Bond Coverage.
Form F5306-10-2017
CNA S U RE'
BidBond Bond No.. 636b2l,17, .. . . ....... ......... . .............. ................ ......... ...
1HOMMOT"619
(Naine, legal status and address)
M.V. Kli.riger Pa.i.nti-ng Co Inc.
Corporation
1910 Harri.son St
Oshkosh, W1. 54901
OWNER:
(Narne, legal status and address)
SURETY:
(Name, legal status and principal place
of business)
WESTERN SURETY COMPANY
South Dakota Corporati on
3133 South Wal)ash Avenue
41sL F.Loor This document has important legal
Chi.cago, IL 60604 consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
C,L,_,y C)f Oshkosh Any singular reference to
Governmental. ]�,nti.ty Contractor, Surety, Owner or
215 Church Ave other party shall be considered
Oshkosh, Wf 54901 plural where applicable.
BOND AMOUNT: Five Percent of the AinounL B.i.d
5% of the Amount Bid
PROJECT:
(Name, location, or address, and Project number, if caky)
City of Oshkosh Co Transit Mal-ntcnance Facj-lity Intertor Paint.Lng, Oshgosh, W-1
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the
Contractor and Surety bind thernselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, as provide(] herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and
Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such
bid, and gives such ])end or bonds as may be specified in the bidding or Contract Documents, with a surety admitted
in the jurisdiction of the Project all(] otherwise acceptable to the Owner, for the faithful performance of such Contract
and for the prompt payment of labor all(] material III I'll iSh ed 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 anioullit
for which tho Owner only 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. rhe 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) (lays in the aggregate beyond the time for
aceeptance, of bids specified in the bid documents, and the Owner and Contractor shall obtain the, Surety's consent for
all 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
Ire 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 ,;hall be deemed deleted herefrorn 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 ])end and not as a common law bond.
Signed and sealed this day of May 2018
M.V. KJA.nger 1?aintinq co Inc.
- ------------------------------ -------- ...... . . ... ............. .
(Principal
(Title) OVPORATE
WESTERN SURETY COMPANY
................ SEAL
(Sure(y)
CC,
(Witoess)
Ryc nr,cholas Hutt.enlocher
Printed in cooperation with the American Institute of Architects (AIA).
The language in this document conforms to the language used in AIA Document A310 - Bid Bond - 2010 Edition.
Instructions
GENERAL INFORMATION
Purpose. AIA Document A310-----2010 establishes the maximum penal amount that may be due the Owner if the. Bidder
fails to execute the contract and to provide the required performance and payment bonds, if any. It provides assurance
that, if a bidder is offered a contract based on its tendered proposal but, fails to enter into the contract, the Owner will be
paid the difference in cost to award the contract to the next qualified bidder, so long as the difference does not exceed the
maximum penal amount of the bond.
Related Documents. A310 is not incorporated by reference into other ATA documents. For further reference on bonding
procedures, see AIA Document A701"i-1997, Instructions to Bidders; and AIA Document C612" 2001,Owner's
Instructions to Architect.
Use of Non-AIA Forms. AIA Document A310 may be used with any appropriate AIA or non-AIA document.
CAUTION SHOULD BE EXERCISED BEFORE ITS USE TO VERIFY ITS COMPLIANCE WITH CURRENT
LAWS AND REGULATIONS BY CONSULTING WITH AN ATTORNEY OR A BOND SPECIALIST.
USING A310-2010
Modifications. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and
interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to
comply with state or local laws. Users are encouraged to consult an attorney before completing or modifying a document.
In a purchased paper AIA Contract Document, necessary modifications may be accomplished by writing or typing the
appropriate terms in the blank spaces provided on the document, or by attaching Supplementary Conditions, special
conditions or referenced amendments.
Modifications directly to purchased paper ATA Contract Documents may also be achieved by striking out language.
However, care must be taken in making these kinds of deletions. Under NO circumstances should standard language be
struck out to render it illegible. For example, users should not apply blocking tape, correction fluid or Xs that would
completely obscure text. Such practices may raise suspicion of fraudulent concealment, or suggest that the completed
and signed document has been tampered with. Both parties should initial handwritten changes.
Using AIA software, modifications to insert information and revise the standard ATA text may be made as the software permits
By reviewing properly made modifications to a standard AIA Contract Document, parties familiar with that document
can quickly understand the essence of the proposed relationship. Commercial exchanges are greatly simplified and
expedited, good faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny.
AIA Contract Documents may not be retyped or electronically scanned. Retyping can introduce typographic errors and cloud
legal interpretation given to a standard clause, Furthermore, retyping and electronic scanning are not permitted under the user's
limited license for use of the document, constitute the creation of a derivative work and violate the AIA's copyright,
Identification of the Parties. The Contractor, the Surety, and the Owner should be identified using their respective full
names and addresses or legal titles under which the bond is to be executed. The state in which the Surety is incorporated
also should be identified in the space provided.
Bond Amount. The dollar amount of the bond should be provided in both written and numerical form.
Project Description, The proposed project should be described in sufficient detail to identify (1) the official name or
title of the facility; (2) the location of the site; (3) the proposed building type, size, scope or usage; and (4) the project
number required by the owner, if any. A project number may be required by certain public owners to adequately identify
the project to which the bond pertains.
Execution of the Bond. The bond must be signed by both the Contractor and the Surety. The parties executing (signing)
the bond should print their title and impress their corporate sea], if any. Where appropriate, attach a copy of the
resolution or bylaw authorizing the individual to act on behalf of the firm or entity. As to the Surety, this usually takes
the form of a power of attorney issued by the Surety company to the bond producer (agent) who signs on its behalf,
Printed in cooperation with the American Institute of Architects (AIA).
The language in this document conforms to the language used In AIA Document A310 - Bid Bond - 2010 Edition.
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Mond No. 636521111
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duty organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Daltota (tire "Company"), (toes by these presents
make, constitute and appoint ,.R_,.,Ian NN.jichholas Ilutten.l.ocher
- - - - - ------------------
- - - — ----- -- --- -- -- - -- ----------------- -- ---- its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: M.V. KIAnger. Painting Cc Inc.
Obligee: City of Oshkosh
Amount: $1,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the
corporate seal of the Company and duty attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-
fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in fall force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate naine of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such office), and the corporate seal may be printed by facsimile."
If Bond No. 63-6-52-1.1-1 .................. . . . . ...... is riot issued on or before midnight of ( 9th, 201.8 _1Ang
1111g�p,t 2_ all
authority conferred in this Power of Attorney shall expire and terminate.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and
its corporate,se� g!,tq be affixed this clay May
W E S' SURE .Y COMPANY
s_.0 nflat, ViWV res
Pali] t
STATE OF, S,
-QUII"H- DAK10'rA
ss
COUNJ X Ole MIyA'LHA.HA
3 On `st (lay of - - ------- M42L in the year before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTEII�N SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
+
S
J, J. MOHR
S
X
s
NOTARY PUBLIC I—SE�AOLX EAL Ir&-�A --)abSOUTH DAKOTA s Q_Notary Public - South Dakota
+
My Commissi.on 1?xpires June, 23, 2021
1 the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force,
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this ----------- day of
WES 2�F,. SURF' Y COMPANY
Paul TAruflat, Vice President
To validate bond authenticity, go to wW)y.enasurety.,..C,.Qr11 > Owner/Obligee Services > Validate Bond Coverage.
Form F5306-10-2017