HomeMy WebLinkAboutWeinert Roofing/Menominee Park Maintence RoofDocusign Envelope ID: 30CDA1 B6-6AAD-4B9A-8CFC-6064654B9A8E
a5€yCOPY
of
Oshkosh
CONTRACTOR AGREEMENT:
OSHKOSH MENOMINEE PARK MAINTENANCE BUILDING ROOF REPLACEMENT
THIS AGREEMENT, made on the 29TH day of JANUARY, 2025, by and between the CITY OF OSHKOSH,
party of the first part, hereinafter referred to as CITY, and WEINERT ROOFING, A DIVISION OF
WEINERT ENTERPRISES, INC., 2001 HYLAND AVENUE, KAUKAUNA, WI 54130, 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 11. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to manage
the project described in this contract:
(Randy Weinert, 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 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us
Docusign Envelope ID: 30CDA1 B6-6AAD-4B9A-8CFC-6064654B9ABE
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.
COPY
ARTICLE III. CITY REPRESENTATIVE
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 "MENOMINEE PARK- 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 RESPONSIBLI'TIES
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 $37,725.00, 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: 30CDA1 B6-6AAD-4B9A-8CFC-6064654B9ABE
ARTICLE VHL STANDARD PROVISIONS pp
The CONTRACTOR agrees in all hiring or employment made possible by or -eW�o� s
agreement, there will not be any discrimination against any employee or applicIFIUY11L, Lt
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.
Signatures. 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: 30CDA1 B6-6AAD-4B9A-8CFC-606465469ABE
I�ZUVA7
E
gned by:
City Attorney
WEINERT ROOFING, A DIVISION OF
WEINERT ENTERPRISES, INC.
Signed by: COPY
EWuv�.c,v�
By: j54a74F7
Randy Weinert, President
CITY OF OSHKOSH
Signed by:
Din
LA, F&{ Pahl&
By:
John M. Fitzpatrick, Interim City Manager
ESigned by:
vWAL ILt-,bo'yt f {�And:n4F?8rr3477F45F;
Diane Bartlett, City Clerk
I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this contract.
CSigned by:
ain, Pa�,ri,�,u.isf
BF9870FBEA8A4E7
City Comptroller
Docusign Envelope ID: 30CDA1B6-6AAD-4B9A-8CFC-606465469ABE
„`.
CITY OF OSHKOSH INVITATION FOR BID: COPY
OSHKOSH MENOMINEE PARK ROOF REPLACEMENT
BID PROPOSAL FORM
Page 1 of 2
From: � j �� Y1-cC - (� t1Q 3 d (bidder's company name)
I�ciYKt } �Iflkrpcls�s � IhG .
BID SUBMITTAL DEADLINE: BY 10:00 A.M., TUESDAY, JANUARY 14, 2025
Date: i I 3 I 2.5
Addenda: Receipt of Addenda numbered t 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 1(Maintenance Building): $
t r - SIX hDmusayid Cey n 4A UnAlrwi `Tl�.c v1 1--�i v�c Do Ila�rs
(Base Bid Price — in Words)
TOTAL BASE BID 2 (Kiwanis Shelter): $ No & A
(Base Bid Price — in Words)
21
Docusign Envelope ID: 30CDAl B6-6AAD-4B9A-8CFC-6064654B9ABE
CITY OF OSHKOSH INVITATION FOR BID:
OSHKOSH MENOMINEE PARK ROOF REPLACEMENT COPY
BID PROPOSAL FORM
Page 2 of 2
SIGNATURES
Date: 'L NameofCompany: IS-k%mrt P-ookim U diYIS�tX1 O'E �1�1�itiltr�
rcY��CrpriSts � lY►� .
Submitted by: (name/title) Email: nm k 1)1:{ r* (�%QR iy�. (4 r0 i�i%)-
� � ago _-*A-ggZO 1
Address of Company: `, Phone:
i�WJY�U� t Wk P54I3b
Company Representative that will be named Project Manager for this project, if awarded
the bid: ZnV41 W r i h-t f±
Signature ckol-1 Jo�,`""` Title PC'•CSi &&t&-�
Company Representative authorized to sign contracts electronically via DocuSign:
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 �C""`���"` ' J Title
Warranty Details: Z
22
Docusign Envelope ID: 30CDAl B6-6AAD-4B9A-8CFC-6064654B9ABE
4c:3'7" X=;K---4c3o' E <ZZ
DOCUMENT 00 91 11 COPY
ADDENDUM NUMBER 1
PARTICULARS
1.01 DATE: December 23, 2024
1.02 PROJECT: Coo Menominee Park Maintenance and Kiwanis Shelter Roof Replacement
1.03 PROJECT NUMBER: 15607
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
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 TOG shall be replaced with the attached
3.02 Page 2 of the Bid Proposal Form was omitted. The attached page 2 shall be inserted.
3.03 SECTION 07 41 13 — ETAL RO F APO NELS
A. Part 2, 2.01, A, 2; shall be added as an acceptable substitute and read as follows:
2. Corrugated commercial -industrial metal panel: mechanically fastened with exposed fasteners:
1. UNA-CLAD HR-ULTRA Omega Roofing Panel, by Elevate, HolcimElevate.com,
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
15607 Menominee Park Maintenance and Kiwanis Shelter - Roof Replacement
ADDENDUM NUMBER 1 Page - 1 of 1
BID BOND CITY OF OSHKOSH
Contract Number Bond Number 2635824
Date Bond Executed (Date of Contract or Later) January 14th, 2025
PRINCIPAL/CONTRACTOR (Legal Name and Business Address)
Weinert Enterprises, Inc. DBA Weinert Roofing
2001 E. Hyland Ave
Kaukauna, Wisconsin 54130
SURETY(IES) (Legal Name(s) and Business Address(es))
West Bend Insurance Company
1900 S 18th Avenue
West Bend, WI 53095
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
OBLIGATI
Type of Organization
❑ Individual ❑ Partnership
® Corporation
State of Incorporation
Wisconsin
Penal Sum of Bond
5% of Amount Bid
(Five Percent)
The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this
Contractor within the time specified in the bid documents or within such time period as may be agreed upon
between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business
days of written notice to the Contractor and Surety of Owner's intent to make a claim upon this Bond.
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.
If the Contractor either enters into a contract with Owner in accordance with the terms of the bid and gives such
bond(s) that may be specified in the bidding documents for the faithful performance of the Contract and for the
prompt payment of labor, materials and supplies furnished for the purpose thereof; or pays to the Owner the
difference between the amount specified in the bid and such larger amount for which the Owner may in good faith
contract with another party to perform the work covered in such bid, then the Surety and the Contractor shall have
no obligation under this Bond.
Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person
entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail
through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and
time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices
shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a
facsimile, email or other electronic address that has been provided in writing to the other party to be used for this
purpose.
The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago
County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with
statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or
other legal requirement shall be deemed incorporated herein.
Weinert Enterprises, Inc. DBA Weinert Roofing
Name of Principal/Contractor
Title Randall Weinert, President
West Bend Insurance Company
Name of Surety
T' ll-' Troy Carlson, Attorney -in -fact
t.
< WEST BEND®
POWER OF ATTORNEY
Bond No. 2635824
Know all men by these Presents, that West Bend Insurance Company (formerly known as West Bend Mutual Insurance Company prior to 1/l/2024), a
corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint:
TROY CARLSON
lawful Attorney(s)-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 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. \j11111f1j,
CCcC)
Attest IAVU.S
�.`�O G�PPOgq
Christo her C. Z y At
CID ` SEAL ' �=
Robert J. Jacques
Secretary
9�y�a
President
Goy;NZ
`
'''''�ff,,,,l,l\\\\•�`,
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. \I11111111111,f'
` %%osEN�CO�
NorM,gy�
u'�'•.,'0U8LIG .yZead orporate Attorney
60,.. try Public, Washington Co., WI
\
°j'r'll111111� 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
,,�', \SURA f,N,
r;z SEAL Christopl4er C. Z46iti
Secretary
'��?7 ''y'NOTON 00 ••�G``
,'''ffffllllllll\\\`\``
1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilverlinirig.com
® TM
Document A312 - 2010
Performance Bond
Bond Number: 2635824
CONTRACTOR:
SURETY:
(Name, legal status and address)
(Name, legal status and principal place
ADDITIONS AND DELETIONS:
Weinert Enterprises, Inc. DBA Weinert Roofing
of business)
The author of this document has
2001 E Hyland Ave
West Bend Insurance Company
added information needed for its
Kaukauna, WI 54130-1188
1900 S 18th Ave
completion. The author may also
West Bend, WI 53095-8796
have revised the text of the original
OWNER:
AIA standard form. An Additions and
(Name, legal status and address)
Deletions Report that notes added
City of Oshkosh
information as well as revisions to the
215 Church Ave.
standard form text is available from
Oshkosh, WI 54903-1130
the author and should be reviewed. A
CONSTRUCTION CONTRACT
vertical line in the left margin of this
Date: 01 /29/2025
document indicates where the author
Amount: $ 37,725.00
has added necessary information
Description:
and where the author has added to or
(Name and location)
`Menominee Park - Maintenance Garage Roof Replacement
deleted from the original AIA text.
This document has important legal
consequences. Consultation with an
BOND
attorney is encouraged with respect
to its completion or modification.
Date: 01/29/2025
(Not earlier than Construction Contract Date)
Any singular reference to Contractor,
Surety, Owner or other party shall be
Amount: $ 37,725.00
considered plural where applicable.
Modifications to this Bond: XXXX None
See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Weinert Ente rises, Inc. DBA Wei ert Roofing West Bend Ins uran Com
Signature: Signature: _-
Name and Name and -
Title: Randall Weinert President Title: TROY CARLSON, Attorney -In -Fact
(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:
VIZANCE INC (Architect, Engineer orotherparty.)
2501 E ENTERPRISE AVE, STE 301
APPLETON, WI 54913
(920) 733-4944
Init. AIA Document A312TM' —2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by
U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at
08:17:00 ET on 02/21/2024 under Order No. 4104250388 which expires on 02/20/2025, and is not for resale.
User Notes: (1853247317)
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment
or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
§ 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
AIA Document A312TM — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by
Init.
U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in 2
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at
08:17:00 ET on 02/21/2024 under Order No. 4104250388 which expires on 02120/2025, and is not for resale.
User Notes: (1853247317)
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.
Init. AIA Document A312TM' —2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by
U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 3
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at
1 08:17:00 ET on 02/21/2024 under Order No. 4104250388 which expires on 02120/2025, and is not for resale.
User Notes: (1853247317)
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of addedparties, other than those appearing on the covet - page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
MW
Signature:
Name and Title:
Address:
AIA Document A312Tm — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by
Init.
U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 4
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at
08:17:00 ET on 02/21/2024 under Order No. 4104250388 which expires on 02/20/2025, and is not for resale.
User Notes: (1853247317)
�= TM Document A312 -2010
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Weinert Enterprises, Inc. DBA Weinert Roofing of business)
2001 E Hyland Ave
Kaukauna, WI 54130-1188
West Bend Insurance Company
1900 S 18th Ave
OWNER: West Bend WI 53095-8796
(Name, legal status and address)
City of Oshkosh
215 Church Ave.
Oshkosh, WI 54903-1130
CONSTRUCTION CONTRACT
Date: 01 /29/2025
Amount: $ 37,725.00
Description:
/.lame and location
Menominee Park - Lriteriance Garage Roof Replacement
BOND
Date: 01 /29/2025
(Not earlier than Construction Contract Date)
Amount: $ 37,725.00 r-�
Modifications to this Bond: XXX None L� See Section 18
Bond Number: 2635824
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviewed. A
vertical line in the left margin of this
document indicates where the author
has added necessary information
and where the author has added to or
deleted from the original AIA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
Any singular reference to Contractor,
Surety, Owner or other party shall be
considered plural where applicable.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Weinert Enterprises, Inc. DBA Weinert Roofing West Bend Insurance Company
Signature: -y� Signature:
Name and Name and
Title: Randall Weinert President Title: TROY CARLSON, Attorney -In -Fact
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORMATION ONLY —Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
VIZANCE INC (Architect, Engineer orotherparty.)
2501 E ENTERPRISE AVE, STE 301
APPLETON, WI 54913
(920) 733-4944
Init. AIA Document A312T°' — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S.
Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe
civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:17:00
/ ET on 02/21/2024 under Order No. 4104250388 which expires on 02/20/2025, and is not for resale.
User Notes: (1179994475)
§ 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.
Init. AIA Document A312TM —2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S.
Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe 2
civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:17:00
/ ET on 02/21/2024 under Order No. 4104250388 which expires on 02/20/2025, and is not for resale.
User Notes: (1179994475)
§ 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, heat, 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.
(nit. AIA Document A312TM —2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S.
Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe 3
civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 08:17:00
/ ET on 02/21/2024 under Order No. 4104250388 which expires on 02/20/2025, and is not for resale.
User Notes: (1179994475)
§ 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.
§ 16.5 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 is provided 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: NA Signature: NA
Name and Title: Name and Title:
Address: Address:
AIA Document A312TM —2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S.
Init. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe 4
civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:17:00
ET on 02/21/2024 under Order No. 4104250388 which expires on 02/20/2025, and is not for resale.
User Notes: (1179994475)
WESTBENDO
POWER OF ATTORNEY
Bond No. 2635824
Know all men by these Presents, that West Bend Insurance Company (formerly known as West Bend Mutual Insurance Company prior to 1/l/2024), a
corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint:
TROY CARLSON
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 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. r
RAA �
Attest �i1JliS(1P0'( r•�a/l4
;�=Ooo"i�TC.,.�
Christopher C. Zvjygart
Secretary
State of Wisconsin
'''•,,ff,f,,,,t\\\����`
County of Washington
-
Robert J. Jacques
President
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. \J�`�ENIIoG
� A0TARy�
'=N�'• °UBL\0 cad orporate Attorney
'9T• c,`.
Fp 'W�S�O?.\ boy Public, Washington Co., WI
"111111"0 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
=
"IRMA .
1(I r ca
�'
—---
Christopher C. Zwygai
aa�
Secretary
1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilverlining.corn