HomeMy WebLinkAboutBONDS-Contract Library Roof-Kaschak Roofing IncIn. AIA Document A310TM .2010
r-Iffel: • 1 f�
CONTRACTOR:
SURETY:
(Nance, legal status and address)
(Name, legal status and principal place
KASCHAK ROOFING, INC.
of business)
2301 W. PURDUE STREET
SWISS RE CORPORATE SOLUTIONS
MILWAUKEE, WI 53209
AMERICA INSURANCE CORPORATION
This document has important legal
1200 MAIN ST. SUITE 800
consequences. Consultation with
OWNER:
KANSAS CITY, MO 64105-2478
an attorney is encouraged with
(Name, legal status and address)
respect to its completion or
CITY OF OSHKOSH
modification.
215 CHURCH ST
Any singular reference to
OSHKOSH, WI 54901
Contractor, Surety, Owner or
BOND AMOUNT:
other party shall be considered
Ten Percent of the Amount
of the Attached Bid-----(10%)
plural where applicable.
PROJECT:
(Name, location or address, and Project number, ifany)
Oshkosh Public Library Roof Replacement - Oshkosh, Wisconsin
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and
Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such
bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in
the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and
for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the
difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount
for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of
an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of
notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for
an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so
furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
Signed and sealed this 9th day of January, 2024
KASCHAK ROOFING, INC. An se rT 1
(Print (Seal)
i ness) D W K e
(1'itl
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION
(Sure �� (Seal)
(Witness)
-----------------
J(Tit e Sean cBride, Attorney -in -Fact
CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that
changes will not be obscured.
Init. AIA Document A310TM-2010.Copyright @ 1963, 1970 and2010 by The American Institute of Architects. All rights reserved. MARNING:This AIA
Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAJ 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_
Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail
The American Institute of Architects' legal counsel, copyright@aia.org. 0s1110
ACKNOWLEDGMENT OF SURETY
State of Minnesota )
County of Hennepin )
On this 9th of January 20 24 , before me personally
appeared Sean McBride to me known, who, being by me duly
sworn, did depose and say: that s/he resides at Blaine, Minnesota , that s/he
is the Attorney -in -Fact —of Swiss Re Corporate Solutions America Insurance Corporation ,
the corporation described in and which executed the annexed instrument; that s/he knows the
corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation; that s/he signed
his/her name thereto by like order; and that the liabilities of said corporation do not exceed it
assets as ascertained in the manner provided by law. oe /0
Notary Public
BRIAN C LOOTS
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 011s1127
ACKNOWLEDGMENT OF CORPORATION
State of W I )
County of Kk
On this 9th day of January—, 20 24 , before me personally appeared
� )ACP (/t L(-AC,lk- , to me known, who being by me first duly sworn, did depose
and say that s/he resides in VY A0 that s/he is the ,t)�/1'e'� of
Kaschak Roofing, Imo, the corporation described in and which executed the foregoing
instrument; that s/he knows the corporate seal of said corporation, that the corporate seal affixed
to said instrument is such corporate seal, that it was so affixed by order and authority of the
Board of directors of said corporation, and that s/he signed his/her name thereto by like order and
authority.
01EIOR' lvl
MY COMMISSION
EXPIRES 6-24-2024
O I I I MSG.
— 0�' W��
Notary Public
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC')
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
CARL GODZIEK, SEAN McBRIDE, BRAD BROOM, SAMANTHA BODDICKER, LAUREN BRUNS, and BRIAN LOOTS
JOINTLY OR SEVERALLY
Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding uvon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
�..JS.pNSAMFRj�go ``eJ�....PRFN/�cR'.,
p i R 1
�`5p•✓i�KP RqT •.'yr�''-. _.����� ri�FLP � A i.' :�d+�'-� •\ QD,n
S E A L
BErik Janssens, Senior Vice President of SRCSAIC & Senior Vice President L�'
of SRCSPIC & Senior Vice President of WIC ►. _ •.�
By Gerald Jagrowski, Vice President ofSRCSAIC& Vice President ofSRCSPIC ""eNfpryi�
& Vice President of WIC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 25TH day of SEPTEMBER 20 23
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook ss Westport Insurance Corporation
On this 25TH day of SEPTEMBER 20 23 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
OEFlCwLSEAL
CHRISTINR MANISCO
NOTARY 11sd jp (�
.. .. �KrildearAa t�O`wsaNmLO
I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in ff� 11 force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of January 20 IN •
Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
Swiss Re Swiss Re Corporate Solutions America Insurance Corporation
Swiss Re Corporate Solutions Premier Insurance Corporation
Corporate Solutions 1200 Main Street, Suite 800
Kansas City, MO 64105
PERFORMANCE BOND
Bond#
2347335
KNOW ALL BY THESE PRESENTS, that we, Kaschak Roofing, Inc. , as Principal, and
Swiss Re Corporate Solutions America Insurance Corporation , as Surety, are held and firmly bound unto
City of Oshkosh, wi , as Obligee, in the penal sum of
One Hundred Ninety -Seven Thousand Nine Hundred Dollars ($ 197,900.00 ) for the p ayment
whereof said Principal and Surety bind themselves, jointly and severally, as provided herein.
WHEREAS, Principal has entered into a contract with Obligee dated January 25, 2024
Oshkosh Public Library Roof Replacement — Oshkosh, WI
for
("Contract"), which is incorporated herein by reference for the
limited purpose of defining the scope of the Construction Work.
NOW, THEREFORE, the condition of this obligation is such that if Principal promptly and faithfully performs the
Construction Work, then this obligation shall be null and void; otherwise to remain in full force and effect.
IT IS FURTHER PROVIDED, that:
1. The obligation of Surety under this bond ("Bond") shall arise only when all the following conditions have been met:
(A) The Obligee has fulfilled its obligations under the Contract; and
(B) Principal is, and Obligee has declared Principal to be, in material default under the Contract for failing to
perform the Construction Work ("Principal's Default"); and
(C) Obligee has terminated the Contract and notified the Surety in writing of Principal's Default
and such termination; and
(D) The Obligee has agreed to pay the Contract Balance, in accordance with the terms of the Contract, to the
Surety or to a contractor selected to perform the Contract.
2. When all the conditions in Section 1 are met, Surety shall have a reasonable period of time to investigate and elect at
its sole discretion one of the following remedies:
(A) Notify Obligee that Surety elects to complete the performance of the Construction Work through contractor(s)
retained by Surety and then commence such performance with reasonable promptness. In this event, that
portion of the Contract Balance as may be required to complete the Construction Work or remedy Principal's
Default and to reimburse Surety for its expenditures shall be paid to Surety at the times and in the manner as
said sums would have been payable under the Contract to Principal had there been no Principal's Default; or
(B) Notify Obligee that it elects to arrange for a contract between Obligee and a replacement contractor acceptable
to Obligee, such acceptance not to be unreasonably withheld, guaranteed by both contract payment and
performance bonds provided by the replacement contractor in the amount of the replacement contract. In this
event, Surety shall pay Obligee that portion of the cost of the replacement contractor that is in excess of the
Contract Balance. Such payment(s) may be made to Obligee in a lump sum (in the event of a lump sum
contract) or periodically as incurred by Obligee; or
(C) Request Obligee to complete the Construction Work. In this event, Surety shall pay Obligee that portion of
the reasonable cost to complete the Construction Work incurred by Obligee that is in excess of the Contract
Balance; or
Rev. 04/2020 Page 1 of 3
(D) Arrange to give assistance, financial or otherwise, to the Principal to assist the Principal with completing the
Construction Work. This remedy shall be subject to Obligee's agreement, which shall not be unreasonably
withheld. The Obligee shall pay the Contract Balance as directed by Surety. In the event Surety provides
financial assistance, Surety, in its sole discretion, may upon written notice to Obligee cease providing such
financial assistance at any time, in which event Surety shall immediately make a further election under this
Section 2; or
(E) Notify the Obligee that Surety denies liability. Surety shall cite its reasons for the denial of liability; or
(F) After investigation, determine the amount for which Surety may be liable to the Obligee and, as soon as
reasonably possible after the amount is determined, make payment to the Obligee.
3. After Obligee has provided Surety with written notice of Principal's Default, and before the commencement of
work under Section 2, subparagraphs (A) or (B), Obligee may, pursuant to its Contract rights, mitigate the damages
caused by the Principal's Default. If Obligee performs obligations under the Contract during this period, Obligee
shall be entitled to deduct the Mitigation Costs from the Contract Balance. If the Contract Balance is exhausted,
and Surety elects to proceed under Section 2, subparagraphs (A), (B), (C) or (D), Surety shall reimburse Obligee
for the difference between the Contract Balance and the Mitigation Costs incurred and paid by Obligee.
4. If Surety proceeds under Section 2, subparagraphs (A), (B), (C), (D) or (F), Surety may also advise in the notice of
its remedy election to Obligee that the Obligee's claim is disputed as to liability and/or amount and Surety is
proceeding under and asserting a reservation of all rights, remedies, claims, and defenses. In the event Surety
prevails, in whole or in part, with respect to the dispute regarding liability and/or amount of Obligee's claim and
Surety paid monies in excess of the funds paid by Obligee to Surety, then Surety shall be entitled to recover the
excess from Obligee.
5. Surety's aggregate liability under this Bond is limited to the penal sum of this Bond, regardless of whether the liability
arises from the actions or inactions of Principal or Surety. The penal sum of this Bond shall be reduced by and to the
extent of any and all monies paid by Surety under this Bond in excess of funds paid by Obligee to Surety. If Surety
paid monies in excess of the penal sum of this Bond, then Surety shall be entitled to recover the excess monies from
Obligee. The Surety waives notice of any change to the Contract.
6. Definitions:
(A) The phrase "Contract Balance," means the total amount payable by Obligee to Principal under the Contract
and any amendments thereto, less the amounts properly paid by Obligee under the Contract.
(B) The phrase "Mitigation Costs" means the cost actually incurred by Obligee in proper performance of the
Construction Work. Such costs shall be at hours and rates not higher than those customarily incurred at the
place of the Construction Work unless Surety provides its prior written consent.
(C) The phrase "Construction Work" means all labor and materials necessary to complete Principal's scope
of work under the Contract
Any suit or action by Obligee under this Bond must be instituted within one (1) year from the earliest of the following
dates: (A) the date of substantial completion of the Construction Work; (B) the date Principal ceased performing the
Construction Work; or (C) the date of Principal's Default. If the limitation period set forth in this Bond is void or
prohibited by law, then the minimum limitation period available to sureties as a defense in the jurisdiction of the suit
or action shall apply and shall be deemed to have accrued and commenced to run on the earliest of the dates
referenced in this Section 7 (A), (B) and (C). It shall be understood that in no event shall punch list, warranty, or
maintenance work constitute Construction Work for the purpose of determining the limitation period for filing a suit
or action under this Bond.
Rev. 04/2020 Page 2 of 3
g. No prejudgment or pre -award interest may be recovered under this Bond. Post judgment interest shall be calculated
from the date of the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury
yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date
of the judgment.
9. The Obligee is the sole beneficiary under this Bond. No right of action shall accrue on this Bond to or for the use of
any person other than the Obligee. This Bond is not transferable without the express written consent of Surety, and
no successor or assignee of Obligee shall have any rights under this Bond. Any suit or action under this Bond shall be
instituted in a State or Federal court of competent jurisdiction in the State in which the Construction Work is situated.
The validity, interpretation, construction and performance of this Bond shall be governed by the laws of the State
where the Construction Work is performed, without giving effect to the principles of conflict of laws or any provision
contained in the Contract.
10. Notwithstanding anything in this Bond or the Contract to the contrary, Surety shall have no liability to Obligee for:
legal fees or costs; any form of consequential, indirect, punitive, or exemplary damages; or any liability of Principal for
tortious acts, whether or not said liability is direct or imposed by the Subcontract or otherwise. Nor shall this Bond
serve as or be a substitute for or supplemental to any insurance coverage required under the Subcontract.
11. Notice or demand given to Surety pursuant to this Bond shall be in writing and delivered to the following mailing
address or email address:
Swiss Re Corporate Solutions — Surety Claims
1200 Main Street, Suite 800
Kansas City, MO 64105
SuretyClaimsNA—CorporateSolutions@swissre.com
Signed this 28th day of February 12024
Kaschak Roofing, Inc.
Principal
: VW V1-21% itle
Swiss Re Corporate Solutions America Insurance Corporation
Surety
by IZAx
rl Godziek Attorney -in -Fact
Rev. 04/2020 Page 3 of 3
SWISS Re Swiss Re Corporate Solutions America Insurance Corporation
Swiss Re Corporate Solutions Premier Insurance Corporation
Corporate Solutions 1200 Main Street, Suite 800
Kansas City, MO 64105
LABOR AND MATERIAL PAYMENT BOND
Bond#
2347335
KNOW ALL BY THESE PRESENTS, that we, Kaschak Roofing, Inc. , as Principal, and
Swiss Re Corporate Solutions America Insurance Corporation as Surety, are held and finely bound unto
of Oshkosh, WI
One Hundred Ninety -Seven Thousand Nine Hundred
as Obligee, in the penal sum of
($ 197,900.00 ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein.
WHEREAS, Principal has entered into a contract with Obligee dated January 25, 2024 for
Oshkosh Public Library Roof Replacement — Oshkosh, WI
("Contract"), which is
incorporated herein by reference for the limited purpose of defining the scope of the Construction Work.
NOW, THEREFORE, the condition of this obligation is such that if Principal promptly makes payment of all sums due to Claimants for
labor, materials or rental equipment actually used, consumed or incorporated in the performance of the Construction Work, then Surety and
Principal shall have no obligation under this Bond ("Bond").
IT IS FURTHER PROVIDED, that:
1. The obligation of Surety under this Bond shall arise only when all the following conditions have been met:
(A) Claimant has, within ninety (90) days of Claimant's last furnishing of labor, materials, or rental equipment in the performance of
the Construction Work, provided written notice of non-payment to Principal, Surety (at the address identified on this Bond) and
Obligee stating with substantial accuracy the amount claimed and the name of the party to whom the labor, materials, or rental
equipment was furnished; and
(B) Claimant has furnished a Proof of Claim to Surety along with the following:
(i) A written statement including the name of Claimant, the amount of the claim, the name of the party to whom the labor, materials,
or rental equipment was furnished, a brief description of the labor, materials, or rental equipment furnished, and the date on
which Claimant last furnished such labor, materials, or rental equipment for use in the performance of the Construction Work;
and
(ii) A copy of the agreement, contract or purchase order pursuant to which Claimant furnished labor, materials, or rental equipment
for use in the performance of the Construction Work; and
(iii) A statement of account showing the total amount earned by Claimant, the amount of previous payments received by Claimant,
and the total amount due and unpaid to Claimant; and
(iv) Copies of all unpaid invoices for which Claimant is making the claim.
2. No suit or action shall be commenced by Claimant under this Bond after the expiration of one (1) year from the date on which Claimant
last famished labor, materials, or rental equipment for use in the performance of the Construction Work. If the limitation period set forth
in this Bond is void or prohibited by law, then the minimum limitation period available to sureties as a defense in the jurisdiction of the
suit or action shall apply and shall be deemed to have accrued and commenced to run on the date on which Claimant last furnished the
labor, material, or rental equipment for which Claimant is making the claim. For purposes of determining the limitation period,
performance of the Construction Work shall not include punch list, warranty, or maintenance work.
3. Notwithstanding anything in this Bond or the Contract to the contrary, Surety shall have no liability to Claimant for legal fees or costs or
any form of consequential, indirect, punitive, or exemplary damages. No prejudgment or pre -award interest may be recovered under this
Bond. Post judgment interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average 1-year
constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding
the date of the judgment.
Rev. 04/2020 Page 1 of 2
4. The aggregate liability of Surety under this Bond shall not exceed the penal sum of this Bond; and the penal sum of this Bond shall be
reduced by and to the extent of all payments made by Surety under this Bond.
5. Any suit or action under this Bond shall be instituted in a State or Federal Court of competent jurisdiction in the State in which the
Construction Work is situated. No right of action shall accrue on this Bond to or for the use of any individual or entity other than a
Claimant. The validity, interpretation, construction and performance of this Bond shall be governed by the laws of the State where the
Construction Work is performed, without giving effect to the principles of conflict of laws or any provision contained in the Contract.
This Bond is not transferable.
6. Notice or demand given to Surety pursuant to this Bond shall be in writing and delivered to the following mailing address or email
address:
Swiss Re Corporate Solutions — Surety Claims
1200 Main Street, Suite 800
Kansas City, MO 64105
SuretyClaimsNA CorporateSolutions@swissre.com
Definitions
(A) The words "Claimant" and "Claimants" mean one or more individuals or entities having a direct contract with Principal or with a
subcontractor of Principal for labor, material, or rental equipment actually used, consumed or incorporated in the performance of the
Construction Work.
(B) The phrase "Construction Work" means all labor, materials, and rental equipment necessary to complete Principal's scope of work
under the Contract.
Signed and sealed this 28th day of February
IN THE PRESENCE OF:
A.D., 20 24
Kaschak Roofing, Inc.
Principal
Jame:
Title: V�J f
Swiss Re Corporate Solutions America Insurance Corporation
Surety
by
rl Godziek Attomey-in-Fact
Rev. 04/2020 Page 2 of 2
ACKNOWLEDGMENT OF SURETY
State of Minnesota
County of Hennepin
On this _28th day of February , 2024 , before me personally
appeared Carl Godziek to me known, who, being by me duly sworn, did depose and say:
that s/he resides at Dayton, Minnesota he/she is the Attorney -in -Fact of
Swiss Re Corporate Solutions America Insurance Corporation , the corporation
described in and which executed the annexed instrument; that s/he knows the corporate seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by
order of the Board of Directors of said corporation; that s/he signed his/her name thereto by like
order; and that the liabilities of said corporation do not exceed it assets as ascertained in the manner
provided by law.
BRIAN C LOOTS
NOTARY PUBLIC • MINNESOTA Notary Public
MY COMMISSION EXPIRES 01/'11127
State of w t
County of (WWJ01 k-e2
On this (�Atv"\-day of
ACKNOWLEDGMENT OF CORPORATION
20 24 , before me personally appeared
, to me known, who being by me
first duly sworn, did depose and say that s/he resides in M1 t✓ lid 2 - , W ,that
s/he is the 410 4(—of Kaschak Roofing, Inc. the corporation
described in and which executed the foregoing instrument; that s/he knows the corporate seal of said
corporation, that the corporate seal affixed to said instrument is such corporate seal, that it was so
affixed by order and authority of the Board of directors of said corporation, and that s/he signed
his/her name thereto by like order and authority.
O�At P��
Notary Public
\\\§SIE'0
NOTARY ••.
s
. s
MY COMMISSION
EXPIRES 6-24-2024
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
CARL GODZIEK, SEAN McBRIDE, BRAD BROOM, SAMANTHA BODDICKER, LAUREN BRUNS, and BRIAN LOOTS
JOINTLY OR SEVERALLY
Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Corporation when so affixed and in the future with regard to anv bond, undertaking or contract of surety to which it is attached."
`�,�"6ASAMEq/C'''o �o��ONSPRFM/. r �, ;N,R..
A: O ,EP ,tl1► k%CE C
gTys•,
,11��GOt1POR.
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,`, GO P� :Pq�%
By
_ •
•n=
• S E A L
�� , •
_p�
SEAL
ErikJanssens, Senior Vice President of SRCSAIC &Senior Vice President
of SRCSPIC&Senior Vice President of NIC
`��tCY 11F �i
SE/Y s
yye�ss •.�
M/Sso��:•da,='�,s;
0,,��1S Nam:``,`•,
yisso�P : da�a•''
By
/*,
�\y�`
Gerald Jegrowsid, Vice President ofSRCSAIC&Vice President ofSRCSPIC
pmtpili
& Vice President of WIC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents
to be signed by their
authorized officers
this 25TH day of
SEPTEMBER 20 23
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois
ss
Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook
Westport Insurance Corporation
On this 25TH day of SEPTEMBER , 20 23 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Ja rg owski , Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respecti9e companies.
oeFtcint_ SEn�
CIiRI$TINA'141fiN1.$CO
Nornrr.eiiauc atwtFOF
_t:omn�kiliEsykeeMarJi tali �t1oYl�gnunco
I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Sceretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 28th day of Fehruary 202&.
Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
DocuSign Envelope ID: 88E4F147-26A0-44BA-AC07-3C6A6EA644B6
CITY OF OSHKOSH INVITATION FOR BID: COPY
OSHKOSH PUBLIC LIBRARY ROOF REPLACEMENT
BID PROPOSAL FORM
Page 1 of 2
From: La SG GL �Jo �� n L� (bidder's company name)
BID SUBMITTAL DEADLINE: BY 10:00 A.M., TUESDAY, JANUARY 9, 2024
Date: /I - 3 — )-O,�y
Addenda: Receipt of Addenda numbered of are hereby understood,
acknowledged and included in bidder's bid proposal form. If no addenda were issued
for this project please write "N/A" above.
In compliance with the advertising for Bids and having carefully examined the drawings
and/OR specification for the Work and the Site of the proposed work and having
determined all of the conditions of the work, the rules, regulations, laws, codes,
ordinances, and other governing circumstances relating to this project, the undersigned
proposes to furnish all Labor, Materials and Equipment necessary to complete the
construction indicated on the drawings and described in the project manual to include all
described work completed to the Owners' satisfaction. By Submission of this Bid, each
Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own
organization, that this Bid has been arrived at independently without consultation,
communication, or agreement as to a matter relating to this Bid and with any other Bidder
or with any competitor. We, the undersigned, propose to furnish all labor and materials
per the project specifications or noted deviations for the following amount(s):
TOTAL BASE BID: $, / I? 7i 96201-0 v
(Base Bid Price - in Words)
SCHEDULE OF UNIT COSTS
The undersigned hereby submits the following unit prices for extras or additional work
and for the deletion of work:
Tapered Expanded Polystyrene (EPS) Insulation: Per board foot
3/4" Perlite Insulation: Per square foot $ . !Q (SF
Solid Concrete (Cinder) Block: Per unit $ MT
SIGNATURES
Date:
l"3 �v�y Name of Company: I 4 5 C,40 +- goy k'ti c �� L
21
DocuSign Envelope ID: 88E4F147-26A0-44BA-AC07-3C6A6EA644B6
CITY OF OSHKOSH INVITATION FOR BID: COPY
OSHKOSH PUBLIC LIBRARY ROOF REPLACEMENT
BID PROPOSAL FORM
Page 2 of 2
Submitted by: (name/title);c4Cre, ecJ"/�ev,.eEmail: NJc �CCs� Gov�r r^
Address of Company: 9�0(� pUr c�v� r(1 we ��L Phone: 9
Company Representative that will be named Project Manager for this project, if awarded
the bid: A9
Signature Title
Company Representative authorized to sign contracts electronically via DocuSign:
Name: l V ; d— C/- s o Email: /U ��� l`'/ ��` S c � ✓� oct rn, , o n-,
That I have examined and carefully prepared this Proposal from the Plans and
Specifications and have checked the same in detail before submitting this Proposal; that I
have full authority to make such statements and submit this Proposal in (its) (their) behalf,
and that said statements are true and correct.
6-
Signature �i / J Title
Warranty Details: le-, ' " /0yeyr'
22
Pr 9 (),a J A-��
DocuSign Envelope ID: 88E4F147-26A0-44BA-AC07-3C6A6EA644B6
S "T IR --S E G
DOCUMENT 00 43 36 COPY
PROPOSED SUBCONTRACTORS FORM
PARTICULARS
1.01 Herewith is the List of Subcontractors re erenced in bid submitted by:
1.02 (BIDDER)
1.03 TO: (OWNER) CITY OF OSHKOSH
A. The following Work will be performed (or provided) by Subcontractors and coordinated by us:
LIST OF SUBCONTRACTORS
2.01 WORK SUBJECT
A. SUBCONTRACTOR NAME
B. ADDRESS
C. PHONE -FAX -EMAIL
2.02 WORK SUBJECT
A. SUBCONTRACTOR NAME
B. ADDRESS
C. PHONE -FAX -EMAIL
2 n3 WORK SUBJECT
A. SUBCONTRACTOR NAME
B. ADDRESS '
C. PHONE -FAX -EMAIL
2_n4 WORK SUBJECT
A. SUBCONTRACTOR NAME
B, ADDRESS
C. PHONE -FAX -EMAIL
ACCEPTANCE OF SUBCONTRACTORS
3.01 If Owner has a reasonable and substantial objection to any Subcontractor on this list, and refuses, in
writing, to accept such person or organization, bidder may, at their option, withdraw their bid, or
submit an acceptable substitute, with any adjustment to their bid price occasioned by such
substitution, for Owner's consideration.
END OF DOCUMENT
15543 Oshkosh Public Library - Roof Replacement 2024
PROPOSED SUBCONTRACTORS FORM 00 43 36 - 1
DocuSign Envelope ID: BBE4F147-26A0-44BA-AC07-3C6A6EA644B6
f A
.3
f
City
Of
Oshkosh
CONTRACTOR AGREEMENT:
OSHKOSH PUBLIC LIBRARY ROOF REPLACEMENT
CITY OF OSHKOSH
COPY
THIS AGREEMENT, made on the 25TH day of JANUARY, 2024, by and between the CITY OF OSHKOSH,
party of the first part, hereinafter referred to as CITY, and KASCHAK ROOFING INC., 2301 W. PURDUE
STREEET, MILWAUKEE, WI 53209, hereinafter referred to as the CONTRACTOR,,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, enter into the following
agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except
where it conflicts with this agreement, in which case this agreement shall prevail.
ARTICLE I. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a part of this contract
as if herein set out verbatim, or if not attached, as if hereto attached:
A. This Instniment
B. Proposal Solicitation
C. Contractor's Proposal
In the event that any provision in any of the above component parts of this contract conflicts with any
provision in any other of the component parts, the provision in the component part first enumerated
above shall govern over any other component part which follows it numerically except as may be
otherwise specifically stated.
ARTICLE II. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to manage
the project described in this contract:
(NICK CREGO)
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
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.v,,i.us
DocuSign Envelope ID: 88E4F147-26A0-44BA-AC07-3C6A6EA644B6
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.
REPRESENTATIVE
COPY
ARTICLE Ill. CITY REPR E S
The City shall assign the following individual to manage the project described in this contract:
(MIKE BLANK, Facilities Project Coordinator)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project
titled "OSHKOSH PUBLIC LIBRARY ROOF REPLACEMENT" dated December 8, 2023, 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 Contractor shall perform services in the timelines as identified in the Invitation for Bids. Any
changes to completion dates must be agreed upon by both parties in writing.
ARTICLE VII. PAYMENT
A. The Contract Sum. The City shall pay to the Contractor $197,900.00, adjusted by any changes
hereafter mutually agreed upon in writing by the parties hereto.
B. Fee schedules shall be firm for the duration of this Agreement.
i. 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.
ii. 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.
DocuSign Envelope ID: 88E4F147-26A044BA-AC07-3C6A6EA644B6
ARTICLE VIII. STANDARD PROVISIONS C.0 Pa rees in all hirin or employment made ossible b or su7tnfrom
Y1
The CONSULTANT g gp y g
agreement, there will not be any discrimination against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
ARTICLE IX. 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 admuustrative 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 adjudged 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 X. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional
insured. The contracts certificate of insurance for this project is attached as Exhibit B.
ARTICLE XI. TERMINATION
C. 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.
D. 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.
Sign atures. By placing their signatures below, each individual affirms that the entity they represent is
authorized to enter into this Agreement, and further affirm that they are authorized by the entity they
are representing to bind their respective parties to the terms and conditions of this Agreement.
DocuSign Envelope ID: 88E4F147-26A0-44BA-AC07-3C6A6EA644B6
APPROVED:
DocuSigned by:
42F6A3370E8149B...
City Attorney
KASCHAK ROOFING, INC.
DocuSigned by:
B : [M� ("# COPY
y RF7ftn9n 5dRA4(13
Nick Crego, Project Manager
CITY OF OSHKOSH
DocuSigned by:
E
By. 999FRQn7f RF7dag
Mark A. Rohloff, City Manager
DocuSigned by:
And. 09F9A(`f 3477F45fi
Diane Bartlett, City Clerk
I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this contract.
DocuSigned by: 4 7' 1
Qf FFni�dFAQQdRF
City Comptroller