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HomeMy WebLinkAboutElevator Modernization Oshkosh Library and MuseumPin RnNn CITY OF OSHKOSH Contract Number Elevator Modernization - City of Oshkoshgond Number Bid Bond Library and City of Oshkosh Museum Date Bond Executed (Date of Contract or Later) June 10, 2025 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Type of Organization Express Elevator, LLC 1701 Pearl St Unit 8 Waukesha, WI 52186 SURETY(IES) (Legal Name(s) and Business Address(es)) Great Midwest Insurance Company 800 Gessner Road, Suite 600 Houston, TX 77024 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 ❑ Individual ❑ Partnership ® Corporation State of Incorporation Delaware Penal Sum of Bond Five Percent (5%) of Amount Bid OBLIGATION Elevator Modernization - City of Oshkosh Library and City of Oshkosh Museum, Oshkosh,Wl 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. Express Elevator, LLC Name of Principal/Contractor Title Great Midwest Insurance Company Name of Surety ��5� �NSUgq`M1 .o 00 a Q CORPORATE 3EAL Title Wendy A. Bright, Atto y-In-Fact ne��gSCCAPORP�\O� POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal offic Houston, TX, does hereby constitute and appoint: Wendy A. Bright, Barbara A. Leeper Patti K. Llndsey, Pamela M. Anderson, William M. Chapman, atthew M. Eperesi, Natasha Kerr, Madeline P. Lovett, Cheri L. Ritz, Giavonna D. Tavella, krista M. Nagy, Kailee M. Rousseau, Joshua Restauri, Nancy L. rku its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 111 day of April, 2025 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed One -Hundred Million dollars ($100,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Resolved, that the signature of the President and the seal of the Company may be affixed by electronic mail on any power of attorney) )ranted, and the signature of the Secretary, and the seal of the Company may be affixed by electronic mail to any certificate of any such power and any such power or certificate bearing such electronic signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Corporate Seal to be affix this 8th day of April, 2025. GREAT MIDWEST INSURANCE COMPANY 511NSUgghc�c OH CORPORATE SEAL O BY Mark W. Haushill \off President SCORPOPP� ACKNOWLEDGEMENT On this 8th day of April 2025, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and t he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. CHRISTINABISHOP BY My Notary lD#131090488 Christina Bishop Exm Mnl 14, 2029 Notary Public CERTIFICATE I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. and Sealed at Houston, TX this OORPORATESEAL \ rqs CORPOPP�\o? 10th June 2025 Day of 1 BY Patricia an Secretary 6RNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim raining any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a dulent insurance act, which is a crime and subjects such person to criminal and civil penalties. PAYMENT BOND Contract Number Elevator Modernizations: Oshkosh Bond Number GM252295 Public Library and Oshkosh Public Museum Date Bond Executed (Date of Contract or Later) August 20, 2025 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Elevator Service Holdings DBA Express Elevator, LLC 1701 Pearl Street, Unit 8 Waukesha, WI 53186 SURETY(IES) (Legal Name(s) and Business Address(es)) Great Midwest Insurance Company 800 Gessner Road, Suite 600 Houston, TX 77024 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 CITY OF OSHKOSH Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation Delaware Penal Sum of Bond Five Hundred Thirty Three Thousand Two Hundred Eighty and 00/100 Dollars ($533,280.00) OBLIGATION Elevator Modernizations: Oshkosh Public Library and Oshkosh Public Museum 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 Contract identified above, which is incorporated herein by reference, subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from all 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 Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety 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 Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims, if any, under any 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 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. Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim, demand, lien or suit. Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants 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. Elevator Service Holdings DBA Express Elevator LLC Name of Principal/Contractor Title Great Midwest Insurance Company ��5„"suHai�� .a �o Name of Surety CORPORATE SEAL r�qs COHPOP*�\o� Title Wendy A. right, Attor y-In-Fact POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office m T.X dogs hhereb onstitut and a Po' It- Bright �arbara,�.�eeper, �atti K.� In, sey Pamela M..Anderson, William M. Cha man, Matthew M. Eperesi, Natasha Kerr Made irn Cheri L. Ritz, Giavonna D. Tavella, Knsta M. Nagy, Kailee M. Rousseau, Joshua Restauri, Gracie O. Lowden, Nicholas A. Burke s true and lawful Attorneys) In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other vritings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST NSURANCE COMPANY, on the 15' day of April, 2025 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company c )they person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or othE Nritings obligatory in nature of a bond not to exceed One -Hundred Million dollars ($100,000,000.00), which the Company might execute throug is duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be a )finding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-Ir Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power ( Resolved, that the signature of the President and the seal of the Company may be affixed by electronic mail on any power of attorne Iranted, and the signature of the Secretary, and the seal of the Company may be affixed by electronic mail to any certificate of any such powe and any such power or certificate bearing such electronic signature and seal shall be valid and binding on the Company. Any such power s :xecuted and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to b ✓alid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused thisGREAT instrument to be signed INSURANCErCOMPANY it: Corporate Seal to be�5} is 8th day of April, 2025. \o 0o BY CORPORATE SEAL Mark W. Haushill President l�qs CORP OPP�\O� ACKNOWLEDGEMENT On this 8th day of April 2025, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and sa) that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; tha he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. +. i1, ,, CHRISTINABISHOP BY 4. •: My Notary ID # 131090488 Christina Bishop Expires April 14,2029 Notary Public CERTIFICATE I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY tha e original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions > set forth are now in force. igned and Sealed at Houston, TX this 20th Day of August 2025 ULBY CORPORATE SEAL Patricia an Secretary �o r�qs CORPOPP� y or other person, files and application for insurance o[aim WARNING: Any person who knowingly and with intent to defraud any insurance companf c ontaining any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a raudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. PERFORMANCE BOND Contract Number Elevator Modernizations: Oshkosh Bond Number GM252295 Public Library and Oshkosh Public Museum Date Bond Executed (Date of Contract or Later) August 20, 2025 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Elevator Service Holdings DBA Express Elevator, LLC 1701 Pearl Street, Unit 8 Waukesha, WI 53186 SURETY(IES) (Legal Name(s) and Business Address(es)) Great Midwest Insurance Company 800 Gessner Road, Suite 600 Houston, TX 77024 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 CITY OF OSHKOSH Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation Delaware Penal Sum of Bond Five Hundred Thirty Three Thousand Two Hundred Eighty and 00/100 Dollars ($533,280.00) OBLIGATION Elevator Modernizations: Oshkosh Public Library and Oshkosh Public Museum The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above, which is incorporated herein by reference. This Bond shall cover any work performed during initial construction and any warranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after: 4. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract. Within five (5) business days of the Owner's notice, either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five (5) business days of the request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed a reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any, to subsequently declare the Contractor in default; 5. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and 6. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actions: 6. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract; 7. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 8. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 9. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or 10. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above, Surety's liability shall be limited to the amount of 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. The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. Elevator Service Holdings DBA Express Elevator, LLC Great Midwest Insurance Company ��STmsuaav�n Name of Principal/Contractor Name of Surety° ° �, CORPoRATE GEAL C4RP0P���0 Title Title WendyA. Bright, Attor y-In-Fact POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office m T.X dogs hhereb constitut anal a po is �. Bright �arbara,�.Leeper, �atti K.�m, sey Pamela M. Anderson, William M. Chapman, Matthew M. Eperesi, Natasha Kerr Madelin Cheri L. Ritz, Giavonna D. Tavella, Knsta M. Nagy, Kailee M. Rousseau, Joshua �estauri, Gracie O. Lowden, Nicholas A. Burke its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other) writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 15' day of April, 2025 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company o other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or othe writings obligatory in nature of a bond not to exceed One -Hundred Million dollars ($100,000,000.00), which the Company might execute througl its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be a'. binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power c Resolved, that the signature of the President and the seal of the Company may be affixed by electronic mail on any power of attorr ranted, and the signature of the Secretary, and the seal of the Company may be affixed by electronic mail to any certificate of any such po% nd any such power or certificate bearing such electronic signature and seal shall be valid and binding on the Company. Any such power xecuted and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to alid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY Corporate Seal to be a is 8th day of April, 2025. �0 00 CORPORATE SEAL has caused this instrument to be signed by its President, and GREAT MIDWEST INSURANCE COMPANY CORP,OA ACKNOWLEDGEMENT BY / 4+ir2— F7�S Mark W. Haushill President On this 8th day of April 2025, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ,,,tt+"•'wgf.: CHRISTINA BISHOP BY L.�Lh%lL ►; My Notary ID # 131090488 Christina Bishop Expires April 14, 2029 Notary Public CERTIFICATE I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY tha :he original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Houston, TX this 20th Day of August 2025 l n BY CORPORATESEAL 7 Patricia an Secretary�qs CORPOP*�\O "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.