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HomeMy WebLinkAboutSchulze Exteriors /Fire Station 17 & 19 Roof ReplacementDocusign Envelope ID: FD7AEABE-CB1 F-46EB-92AF-678C8F9419EC die - s C;+y Oshkosh CONTRACTOR AGREEMENT: OSHKOSH FIRE STATIONS 17 & 19 ROOF REPLACEMENT COPY THIS AGREEMENT, made on the 29T11 day of JANUARY, 2025, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SCHULZE EXTERIORS, 5676 COUNTRY ROAD II, LARSEN, WI 54947, 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 Instrument 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: (Alex Gabrilska, 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 City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us Docusign Envelope ID: FD7AEABE-CB1F-46EB-92AF-678C8F9419EC 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. ARTICLE III. CITY REPRESENTATIVE COPY 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 "FIRE STATIONS 17 & 19- ROOF REPLACEMENT" dated November 26, 2024, Addendum 1 of 1 dated December 23, 2024 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 complete the project by June 1, 2025. Any changes to the 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 $158,900.00, 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: FD7AEABE-CBI F-46EB-92AF-678C8F9419EC ARTICLE VIII. STANDARD PROVISIONS The CONTRACTOR agrees in all hiring or employment made possible by or ul PYth s agreement, there will not be any discrimination against any employee or applic it for employmej t 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 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 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 contractor's 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: FD7AEABE-CBI F-46EB-92AF-678C8F9419EC APPROVED: Signed by: SF 1! am�z7ee�necs City Attorney SCHULZE EXTERIORS E..- igned by: By: COPY Alex Gabrilska, Vice President ir. of Operations CITY OF OSHKOSH 56, igned by: Fibypa�vu By: 10 E844DDEB0484... John M. Fitzpatrick, Interim City Manager Signed by: K. E And: 03E28CC3477E456... _.._ Diane Bartlett, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. Signed by: o�neCAFaneRnenr City Comptroller Docusign Envelope ID: FD7AEABE-CB1F-46EB-92AF-678C8F9419EC CITY OF OSHKOSH INVITATION FOR BID: OSHKOSH FIRE STATIONS 17 & 19 ROOF REPLACEMENT BID PROPOSAL FORM Page 1 of 2 From: Schulze Exteriors (bidder's company name) BID SUBMITTAL DEADLINE: BY 11:00 A.M., TUESDAY, JANUARY 14, 2025 Date: .1/13/2025 COPY Addenda: Receipt of Addenda numbered 1 of 1 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 (Fire Stations 17 & 19): $ 158,900.00 One Hundred Fifty Eight Thousand Nine Hundred Dollars (Base Bid Price - in Words) 21 Docusign Envelope ID: FD7AEABE-CB1F-46EB-92AF-678C8F9419EC CITY OF OSHKOSH INVITATION FOR BID: COPY OSHKOSH FIRE STATIONS 17 & 19 ROOF REPLACEMENT BID PROPOSAL FORM Page 2of2 SIGNATURES Date: _1/13/2025u Name of Company: Schulze Exteriors Submitted by: (name/title) Alex Gabrilska / Vice President Email: agabdiska(cDschulzeextedors.com Address of Company: 5676 County Rd II Larsen, WI 54947 Phone: 920-379-4788 Company Representative that will be named Project Manager for this project, if awarded the bid: Casey Schulze Signature t--- Title Vice President/ Director of Operations Company Representative authorized to sign contracts electronically via DocuSign: Name: Alex Gabrilska Email: agabrilskaCc)-schulzeextedors.com That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal, that I have full authority to make such statements and submit this Proposal in (its) (their) behalf, and that said statements are true and correct. Signature CAJQ-A�-- Title Vice President/Director of Operations Warranty Details: See Attached Limited Lifetime Warranty Certainteed Landmark Pro Warranty as specified in Bid Paperwork. 2 Year Labor Warranty from Schulze Exteriors 22 Docusign Envelope ID: FD7AEABE-CB1F-46EB-92AF-678C8F9419EC DOCUMENT 00 91 11 ADDENDUM NUMBER PARTICULARS 1.01 DATE: December 23, 2024 1.02 PROJECT: Coo Fire Stations 17 and 19 Roof Replacement 1.03 PROJECT NUMBER: 15698 1.04 OWNER: City of Oshkosh 1.05 CONSULTANT: STR-SEG (Specialty Engineering Group LLC) 122 E. Olin Avenue - Suite 190, Madison, WI 53713 Bruce Flater, Project Manager — Tel: (920) 205-3571 COPY TO: PROSPECTIVE BIDDERS 2.01 THIS ADDENDUM FORMS A PART OF THE CONTRACT DOCUMENTS AND MODIFIES THE BIDDING DOCUMENTS DATED NOVEMBER 26, 2024, WITH AMENDMENTS AND ADDITIONS NOTED BELOW. 2.02 ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED IN THE BID FORM. FAILURE TO DO SO MAY DISQUALIFY THE BIDDER. 2.03 THIS ADDENDUM CONSISTS OF: One (1) page(s) and the following attachments: CHANGES TO THE PROJECT MANUAL 3.01 Page 2 of the Bid Proposal Form was omitted. The attached page 2 shall be inserted. INFORMATIONAL 4.01 PRE -BID MEETING A. Sign -in sheet from pre -bid meeting is attached for Bidder's review. END OF ADDENDUM NUMBER 1 15698 Fire Stations 17 and 19 - Roof Replacement ADDENDUM NUMBER 1 Page - 1 of 1 C WEST BEND Bond Number: 26361 Bid Bond KNOW ALL BY THESE PRESENTS, That We, Schulze Exteriors] -LC as Principal, and WEST BEND MUTUAL INSURANCE COMPANY, a corporation organized under the laws of the State of Wisconsin and having its principal office in West Bend, Wisconsin, in said State, as Surety, are held and firmly bound unto City of Oshkosh - Purchasing Division as Owner, in the full and just sum of Five Percent ( 5 %) of amount bid for the payment whereof said Principal binds its heirs, administrators, and executors and said Surety binds itself, its successors and assigns firmly by these presents WHEREAS, said Principal has submitted to said Owner a bid or proposal for Ashpalt Shingle Roof Replacement and Gutter Replacement NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if within Sixty days hereof and in accordance with said proposal a contract shall be awarded to said Principal and the said Principal shall enter into a contract for said work and shall furnish bond with surety as required for its faithful performance then this obligation shall be void, otherwise remain in full force and virtue. Signed and Sealed this 14 day of January 20 25 Principal: Schulze Exteriors C g (SEAL) Witness: Name Type' : Alex Gabrilska. Vice President Title Surety: West B d utual an Co an g7(SEAL) 141 Witness: Name Typed: DAVID VANBOOGARD -- - Title Agency Name: ADEMINO & ASSOCIATES Address: 1001 TRUMAN STREET KIMBERLY WI 54136 Phone Number: (920) 734-3110 MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236. NB 0192 04 22 Page 1 of 1 1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilverlining.com rWESTBEND` POWER OF ATTORNEY Bond No. 2636172 Know all men by these Presents, that West Bend Insurance Company (formerly known as West Bend Mutual Insurance Company prior to 1/1/2024), a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: DAVID VANBOOGARD 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: Thirty Million Dollars ($30,000,000) 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 Insurance Company by unanimous consent resolution effective the 1st day of January 2024. Appointment ofAttorney-In-Fact The president or any vice president, or any other officer of West Bend 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 maybe 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. Any reference to West Bend Mutual Insurance Company in any Bond and all continuations thereof shall be considered a reference to West Bend Insurance Company. In witness whereof, West Bend Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by its secretary this 1st day of January 2024. ``J1111111, Attest MUl,lS TVT 'IIX �' • ')Wli In,�;r ��PPo Chn os�t Sher C. Zpyygart _`eu20 _ m s SEAL _ Robert J. Jacques Secretary President State of Wisconsin County of Washington On the 1st day of January 2024, before me personally came Robert Jacques, to me known being by duly sworn, did depose and say that he is the President of West Bend 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. eeNFaG,,, %`J'�•. 'OUBLIG ead Corporate Attorney F'WIS�Oa�`•�Notafy Public, Washington Co., WI My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend 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 14th day of January 2025 �p 4�aPoggCc<�L` C41/1t5i 0p11t Y C KwYI�W' =m , S1✓AL i �= Christopher C. Zwj�gart Secretary 1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilvedining.com DOCUMENT 00 43 36 PROPOSED SUBCONTRACTORS FORM PARTICULARS 1.01 Herewith is the List of Subcontractors referenced in bid submitted by: 1.02 (BIDDER) SL k AT- -C- EaC k e4 o r-$ 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 WORKSUBJECT ��iDL�ala— f�1111��� �ns�•allw}:ory A. SUBCONTRACTOR NAME 15 J r cN Sa-ry cA— ok1 B. ADDRESS l017 G7 r s r,o ^ �-1-, C� nccr► a,.i id 1- 5-y3 0 ( C. PHONE -FAX -EMAIL R -0 ' $1 `i ' ,Z 37® X Cons �-�� L�+o"� `J�, 2.02 WORK SUBJECT A 5®4.a � � Sk I., $ 1 , -1:AS A. SUBCONTRACTOR NAME :7rWo B. ADDRESS 3 OS k k!o3 k T- C. PHONE -FAX -EMAIL 9..0 m -03XO I ✓ I3 at eJ GO'" 2.03 WORKSUBJECT 6-7.I4ere �AtJ� Do✓nSP�`�rS A. SUBCONTRACTOR NAME Q jac• (e. Mt.-+v. 1 lw)°�k'S B. ADDRESS r? 3 q (a tJ • rY1 a ;n 05 113-31' .1 LJT 5"4/101 C. PHONE -FAX -EMAIL 920_ 2.04 WORK SUBJECT A. SUBCONTRACTOR NAME B. ADDRESS C. PHONE -FAX -EMAIL ACCEPTANCE OF SUBCONTRACTORS f! 1 r 70YA ir%0 ey Cv► 6.e-�; 6 �4e,��Slro�tt-•rwc•}�l►.wr 1=s. c.ow► 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 15698 Fire Stations 17 and 19 - Roof Replacement 2025 PROPOSED SUBCONTRACTORS FORM 00 43 36 - 1 4Lspn Resid Pmeli 2 0 SureStart protection does not extend to any shingles applied to non -ventilated or inadequately ventilated roof deck systems as determined by CertainTeed, except as stated on page 4. CertainTeed's maximum contribution toward the cost of repairing or replacing defective shingles applied to a non -ventilated or inadequately ventilated roof deck system is calculated using the reasonable cost of comparable replacement shingles as determined by CertainTeed less 1/120th of that amount multiplied by the number of months from the start of the warranty period to the date when CertainTeed determines the shingles are defective. Labor costs, roof tear -off, metal work, flashing and disposal expenses, and other costs or expenses incurred during such repair or replacement are not covered or reimbursed by this Limited Warranty. For Patriot Shingles and Other Ownership to be covered under this section, the manufacturing defect must cause leaks. Beyond SureStartTM Protection After the SureStart Protection period, if CertainTeed determines its shingles have a manufacturing defect, CertainTeed's maximum contribution toward the cost of repairing or replacing defective shingles will be calculated using the reasonable cost of comparable replacement shingles as determined by CertainTeed less the Reduction Figure Per Month, specified in Table 1, for the number of months from the start of the warranty period to the date when CertainTeed determines the shingles are defective. Labor costs, roof tear -off, metal work, flashing and disposal expenses, and other costs or expenses incurred during such repair or replacement are not covered or reimbursed by this Limited Warranty. For Patriot Shingles and Other Ownership to be covered under this section, the manufacturing defect must cause leaks. TABLE 1 Algae Wind Resistant Reduction Warranty SureStart Warranty Warranty Figure Lifetime ProductsA Period Period Miles Per Hour Periods Per Month Grand Manor" LifetimeA 10 Years 110" 30 1/600* Presidential Shake" TL** LifetimeA 10 Years 110" 30 1/600* Landmark' TL** LifetimeA 10 Years 110" 30 1/600* Presidential Shake (& IR)2** LifetimeA 10 Years 110" 30 1/600* Carriage House® LifetimeA 10 Years 110" 30 1/600* Belmont6 (& IR)2 LifetimeA 10 Years 110" 30 1/600* Landmarks Premium LifetimeA 10 Years 110" 30 1/600* Landmark® PR02 LifetimeA 10 Years 110" 30 1/600* NorthGates ClimateFlexm2 LifetimeA 10 Years 110" 30 1/600* Highland Slate° LifetimeA 10 Years 110" 25 1/600* Algae Wind Resistant Reduction Warranty SureStart Warranty Warranty Figure Lifetime Productsg Period Period Miles Per Hour Period' Per Month LandmarkO ClimateFlex62 Lifetime, 10 Years 110" 25 1/600* Landmark'" Lifetime' 10 Years 110" 25 1/600* Patriot'"/Patriot'" XL Lifetime, 10 Years 110" 10 1/600* Algae Wind Resistant Reduction Warranty SureStart Warranty Warranty Figure 25 Year Products Period Period Miles Per Hour Period Per Month XT'"253 25 Years 5 Years 60 10 1/300 Any shingles applied to any 10 years' N/A N/A N/A 1/120 inadequately ventilated roof deck ** Including Solarls colors. (see footnotes to Table 1) FOOTNOTES TO TABLE 1. A. The Lifetime Warranty period is only available to individual property owners on premises used as their residence. The warranty period for Other Ownership for these shingles is limited to 50 years and the SureStart period is 70 years following the installation of the shingles. Roof tear -off, metal work, flashing and disposal expense, incurred during repair or replacement are covered or reimbursed by this Limited Warranty. Limited Warranty transferees during the SureStart"' period are limited to a 50 year warranty period (see section titled "Transfers During the SureStart Period" for details). Al/ products under 30 year Algae Resistant Warranty period are prorated after 15 years. B. The Lifetime Warranty period is only available to individual property owners on premises used as their residence. The warranty period for Other Ownership for these shingles is limited to 40 years and the SureStart period is 5 years following the installation of the shingles. Limited Warranty transferees during the SureStart period are limited to a 40 year warranty period (see section titled "Transfers During the SureStart Period" for details). All products under 25 year Algae Resistant Warranty period are prorated after 70 years. • Misuse, abuse, neglect, or improper transportation, handling or storage of the shingles. • Installation of the shingles over non -approved roof decks as more fully explained in CertainTeed's installation instructions published at the time of original installation. • Damage caused by improper installation or installation not in accordance with CertainTeed's installation instructions published at the time of original installation. • Damage to the shingles, the roof deck or the structure caused by ice backup or ice damming. • Damage caused by impact, including such things as tools, equipment or foot traffic. • Vandalism or acts of war. • Animals, animal feces or insects. • Any other cause not a result of a manufacturing defect in the shingles. Mold and mildew are functions of environmental conditions and are not manufacturing defects. As such, mold and mildew are not covered by this Limited Warranty or any implied warranty. CertainTeed reserves the right to discontinue or modify any of its products, including the color of its shingles, and shall not be liable as a result of such discontinuance or modification, nor shall CertainTeed be liable in the event replacement material varies in color in comparison to the original product as a result of normal weathering. If CertainTeed replaces any material under this warranty, it may substitute products designated by CertainTeed to be of comparable quality or price range in the event the product initially installed has been discontinued or modified. Inadequately Ventilated and Non -Ventilated Decks Any shingles applied to inadequately ventilated or non -ventilated decks, other than the shingles and deck systems described in the section titled "Insulated Decks and Radiant Barriers," are subject to a reduced limited warranty period of ten (10) years and do not qualify for SureStart Protection. SureStart" Protection and the Warranty Period applicable to the shingle are available if CertainTeed determines that the shingle damage was caused exclusively by a manufacturing defect that is unrelated to the inadequate roof system ventilation. Insulated Decks and Radiant Barriers CertainTeed's Limited Warranty, including SureStart Protection, will remain in force when its fiberglass shingles are applied to roof deck assemblies where foam insulation is prefabricated into the roof deck system (often called "sailboard insulation"), where insulation is installed beneath an acceptable roof deck system, or where radiant barriers are installed, with or without ventilation, directly below the deck. Acceptable roof deck surfaces must consist of at least 3/8" thick plywood or 7/16" thick Oriented Strand Board (OSB) and slopes must be 2:12 or greater. If a different deck surface material will be utilized, please contact CertainTeed's Technical Services Department for assistance. (See the following important restrictions.) The design professional is responsible for ensuring: 1) the proper quality and application of the insulation and/or radiant barrier, 2) the provision of adequate structural ventilation and/or vapor retarders as determined to be necessary, and 3) that all local codes are met (particularly taking into account local climate conditions). Special attention must be taken if cellular foam, fiberglass, cellulose insulation or other highly permeable insulation will be used in an unventilated system, or if the insulation/rafter or insulation/joist planes may create an air leak that could lead to moisture transmission and condensation problems. All these important factors and decisions, while not the responsibility of CertainTeed, are critical to assure proper deck system performance. Ventilated Nail -Base Roof Insulation Ventilated Nail -Base Roof Insulation products (e.g. FlintBoard` CV) are made of rigid insulation (typically foam board) and another layer of material that provides air space above the insulation and below the nailable deck (which is typically at least 7/16" thick OSB or 3/8" thick plywood). These products can provide soffit -to -ridge ventilation, and if installed in accordance with the deck manufacturer's instructions to achieve sufficient ventilation, will not reduce the scope or length of CertainTeed's Limited Warranty coverage. Limited Algae -Resistant Warranty For the Algae -Resistant Warranty Period listed in Table 1, CertainTeed warrants that should blue-green algae (gloeocapsa magma), which appears as black/brown streaks, adversely affect the appearance of its algae -resistant roofing shingles (designated as AR), CertainTeed, at its sole option, will pay to clean or replace the affected shingles, as described below. Please send all notifications and correspondence to: CertainTeed LLC, 805 West 5th Street, Suite # 7, Lansdale, PA 19446. Attn: CertainTeed Roofing Technical Services Department. Telephone number: 800-345-1145. Email: rpg.t.services@saint-gobain.com Warranty Registration (not required) You may register your product warranty on CertainTeed's website: certainteed.com/warrantyreg. Each registrant receives a registration confirmation number by return e-mail that can be printed and kept with this Limited Warranty and your proof of purchase. If you do not have internet access, you can register your shingles by sending: (1) your name, address, and telephone number; (2) the name and contact information of the contractor who installed your shingles and the original date of installation; and, (3) the type, color and number of squares of your shingles to; CertainTeed LLC, 20 Moores Road, Malvern, PA 19355, Attn: CertainTeed Roofing Technical Services Department. CertainTeed will register your information and mail you a confirmation number. Failure to register this warranty does NOT void the warranty or any of its terms. For Your Records Product Purchased: Date of Installation: Roofing Contractor: Contractor's Telephone No, This warranty applies to shingles installed from January 1, 2024 to December 31, 2024 (The warranty in effect at the time the material is originally installed is the applicable warranty.) Exclusive Warranty and Limitation of Remedies THIS DOCUMENT CONSTITUTES THE EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CERTAINTEED. THE WARRANTIES AND REMEDIES CONTAINED IN THIS DOCUMENT ARE EXPRESSLY IN LIEU OF ANY AND ALL OTHER OBLIGATIONS, GUARANTEES, WARRANTIES AND REPRESENTATIONS, WHETHER WRITTEN, ORAL OR IMPLIED BY STATUTE, AT LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR PROVINCES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR MAY DETERMINE THE PERIOD OF TIME FOLLOWING THE SALE THAT A PURCHASER MAY SEEK A REMEDY UNDER IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. CERTAINTEED'S OBLIGATIONS, RESPONSIBILITIES, AND LIABILITY SHALL BE LIMITED TO REPAIRING OR REPLACING THE DEFECTIVE PRODUCT OR CLEANING ALGAE -RESISTANT SHINGLES IN THE CASE OF ALGAE GROWTH AS SET FORTH IN THIS LIMITED WARRANTY. IN NO EVENT SHALL CERTAINTEED BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY DAMAGE TO THE PROPERTY, THE BUILDING OR ITS CONTENTS, OR FOR INJURY TO ANY PERSONS, THAT MAY OCCUR AS A RESULT OF THE USE OF CERTAINTEED'S PRODUCTS OR AS A RESULT OF THE BREACH OF THIS WARRANTY. IF YOUR STATE OR PROVINCE DOES NOT ALLOW EXCLUSIONS OR LIMITATIONS OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IN NO EVENT SHALL CERTAINTEED'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCT(S) OR THIS LIMITED WARRANTY EXCEED THE REASONABLE COST OF SHINGLES AND LABOR TO REPLACE OR REPAIR THE DEFECTIVE SHINGLES. This Limited Warranty may not be modified, altered or expanded by anyone, including product distributors, dealers, sellers and/or CertainTeed field representatives. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from State to State, or Province to Province. Roofing Plants and Regional Sales Office CertainTeed roofing products are sold by CertainTeed Roofing in nine sales regions. They are manufactured in ten residential roofing plants and one commercial roofing plant. Since the early 1900s, CertainTeed has been an innovator in the building materials industry and today is a leading manufacturer of building materials including residential and commercial roofing, vinyl siding, composite decking and railing, fiber glass insulation and vinyl fence products. The company is headquartered in Malvern, Pennsylvania, and employs more than 7,000 employees at approximately 60 manufacturing facilities throughout North America. Continuing the 100-year commitment of "Quality made certain, Satisfaction guaranteed'"," CertainTeed remains one of the most trusted names in the industry. More information is available at certainteed.com. This document is also available in Spanish and French. Call 1-800-782-8777 or go to www.certainteed.com. Se puede obtener este documento en espanol. Favor de Ilamar 1-800-782-8777. Ce document est disponible en anglais et en espagnol. Composez le 1-800-782-8777. 10 /WESTBEND Bond Number 2636172 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That Schulze Exteriors LLC of 2825 Bowen St # B Oshkosh, WI 54901-1628 (Name and address of the Contractor) as Principal, hereinafter called Principal, and WEST BEND MUTUAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh - Purchasing Division of PO Box 1130 Oshkosh WI 54903 (Name and address of the Owner) as Obligee, hereinafter called Owner, in the amount of One Hundred and Fifty -Eight Thousand Nine Hundred Dollars and Zero Cents Dollars ($ 158,900,00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 01/29/2025 entered into a contract with Owner for Ashpalt Shingle Roof Replacement and Gutter Replacement in accordance with drawings and specifications prepared by $?R- 5�G► L r►c�rtdz-4 (Name of Architect or Engineer) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's Obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contract of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be increased automatically and immediately, without the need for separate amendments hereto, upon amendment to the Contract that does not increase the contract price more than ten (10) percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as so amended. The term "Amendment", wherever used in this BOND, and whether referring to this BOND, the Contract or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatsoever. NB 0012 04 22 Page 1 of 2 1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilverlining.com Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein of the heirs, executors, administrators or successors of the Owner. Signed and Sealed this 29 day of January 20 25 Principal: Witness: Witness: Schulze Exteriors LLC g ; (SEAL) Name Type . Alex Gabrilska , Vice President Title Surety: West Be M tual I urance Company By: (SEAL) Name T ed: PATR HEURING Attorney -In- art Title MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236. NB 0012 04 22 Page 2 of 2 1900 S 18th Avenue I West Bend, WI 53562 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilverlining.com C WEST BEND Bond Number 2636172 Labor and Material Payment Bond KNOW ALL MEN BY THESE PRESENTS: That Schulze Exteriors LLC 2825 Bowen St # B, Oshkosh, WI 54901-1628 (Name and address of the Contractor) as Principal, hereinafter called Principal, and WEST BEND MUTUAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh - Purchasing Division of PO Box 1130. Oshkosh, WI 54903 (Name and address of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred and Fifty -Eight Thousand Nine Hundred Dollars and Zero Cents Dollars ($ 158 900.00 ), (Insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 01/ 9/2025 entered into a contract with Owner for Ashpalt Shingle Roof Replacement and Gutter Replacement in accordance with drawings and specifications prepared by STR - SC & Cne :meters (Name of Architect/Engineer) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the conditions outlined on the reverse side of this bond: Signed and Sealed this 29 day of January 20 25 Principal: Witness: n1z Witness: c Schulze Exterior LC By: (SEAL) Name T : Alex Gabrilska , Vice President Title Surety: West Ben utu I Asura e Company ---- g (SEAL-) Name Typed: PATRICK HEURING , Attorney -In -Fact Title MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236. NB 0011 04 22 Page 1 of 2 1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilverlining.com CONDITIONS 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, materials were furnished by such claimant may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant. a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal released work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. NB 001104 22 Page 2 of 2 1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilverlining.com WEST BEND POWER OF ATTORNEY Bond No. 2636172 Know all men by these Presents, that West Bend Insurance Company (formerly known as West Bend Mutual Insurance Company prior to 1/1/2024), a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: PATRICK HEURING 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: Thirty Million Dollars ($30,000,000) 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 Insurance Company by unanimous consent resolution effective the 1st day of January 2024. Appointment of Attorney -In -Fact The president or any vice president, or any other officer of West Bend 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 maybe revoked, for cause, or without cause, by any said officer at any time. Any reference to West Bend Mutual Insurance Company in any Bond and all continuations thereof shall be considered a reference to West Bend Insurance Company. In witness whereof, West Bend Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by its secretary this 1st day of January 2024. NSl1 RA,y'�i, Attest L41/lASi �Id.ti' i' • �i- , ?: �° �T�;;C, Christo her C. ZWygart = m' SEAL ` �' Robert J. Jacques Secretary : N22iy�"i tea; President State of Wisconsin County of Washington On the 1st day of January 2024, before me personally came Robert Jacques, to me known being by duly sworn, did depose and say that he is the President of West Bend 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. "11111101",BE Na , �NOTARy''�_ 1. _M ead Corporate Attorney pp WIS00. Notafy Public, Washington Co., WI My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend 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 29th day of January 2025 �++unu�ip Hsu RAN'%,, NoA�o;��QF�.� G1til5t�'9h,(�Y � • �i�lrlgc(h� m SEAL � = Christop er C. Zwyga N`ili9sy'i coaN z Secretary cr0K, 1 �. 1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilverlining.com