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HomeMy WebLinkAboutRohde Brothers Inc - OCCAir Handling Unit ReplacementBID BOND CITY OF OSHKOSH Contract Number Project: Convention Center Air Handling Unit Replacement Date Bond Executed (Date of Contract or Later) 3/10/2026 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Rohde Brothers, Inc. W5745 Woodchuck Lane, PO Box 409 Plymouth, WI 53070 SURETY(IES) (Legal Name(s) and Business Address(es)) Ohio Farmers Insurance Company 1 Park Circle, PO Box 5001 Westfield Center, OH 44251-5001 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION Type of Organization Individual _ Partnership X Corporation State of Incorporation WI Penal Sum of Bond Five Percent of Amount Bid (5%) 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. Page 1 of 2 00430 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) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, e-mail, 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, e-mail 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. Rohde Brothers, I Ohio Farmers Ins✓-urraa7nce Company Name o�Xiure Bradley S. Babcock Name of incipal/G�ontrac,,'r �� Name ofty Attorney -in -Fact Title �._ Title Page 2 of 2 00430 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 10128/25, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4800152 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know AN Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint KIMBERLY LOCKWOOD, TRACY MARIE KRAUSE, BECKY JO SCHLEIS, BRADLEY S. BABCOCK, KIMBERLY LYNN BABCOCK, SARA GROVER, TRAVIS SCHREIBER, JOINTLY OR SEVERALLY of MADISON and State of WI its true and lawful Attorney(s)—in—Faetjth full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, consents of surety, or other instruments or contracts of suretyship in any penal limit, and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)—in—Faday do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) — in — Fact to represent aladt for and on behalf of the Company subject to the following provisions: The Attorney —in—Faatay be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney —in —Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Vice President, Surety and their corporate seals to be hereto affixed this 28th day of OCTOBER A.D., 2025 . Corporate „.•+•+++u,..,,, WESTFIELD INSURANCE COMPANY SealsA�C'.,� °P\\nNAt /N'• �S+�NSUq,�;% WESTFIELD NATIONAL INSURANCE COMPANY Affixed Z44 . " '' •,d` ro , s�+�V•' '+ .•P�� OHIO FARMERS INSURANCE COMPANY I SEAL SEAL 3, a '•.ti r9ee a' 1r ;_ ai ., •'o ; � � • o. : ate"•: State of Ohio `r'ww!»xc�"'� * '+ ��•"++• BY: County of Medina ss.: Gary W. tumper, Vice President, Surety On this 28th day of OCTOBER A.D., 2025 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is Vice President, Surety of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affixed o;\,_ /� q State of Ohio r *WJo Davtd A. Kotnik, At me at Law, Notary Public County of Medina ss.: q t, My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) C. Of ' I, Kathleen Golovan, Chief Administrative Officer & Corporate Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 10th day of March A.D., 2026 - yP`';#H0A&C,, . o P��ONA /� 1, ,.• S ' s............ ?•.7JGy; � ',ry SEA.T.:q`2'= `���,.•"'�,41118fi1�f��1 "NWgfM�tN" •411un lln,•``d•, •/fpl.ni!.Hu pea' Kathleen Golovan, Chief Administrative Officer Corporate Secretary BPOAC2 (combined) (07-25) PAYMENT BOND Contract NumberOshkosh Convention Center Air Handling Unit Replacement Date Bond Executed (Date of Contract or Later) CITY OF OSHKOSH Bond Number 483722J 4/15/2026 Contract Date: 4/01/2026 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Rohde Brothers, Inc. W5745 Woodchuck Lane, PO Box 409 Plymouth, WI 53073 SURETY(IES) (Legal Name(s) and Business Address(es)) Ohio Farmers Insurance Company 1 Park Circle, PO Box 5001 Westfield Center, OH 44251-5001 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION Type of Organization ❑ Individual ❑ Partnership R3 Corporation State of Incorporation WI Penal Sum of Bond Three Hundred Eighty Five Thousand Nine Hundred Fifty and No/100 Dollars $385, 950.00 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. Rohde Brotherts, Inc. Ohio Farmers Insurance Company Name of Principal/Contractor �f, a� Name of Sur y Bradley S. Babcock V k) ?WS -&X� Attorney -in -Fact Title Title -___ THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 10/28/26, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4800152 00 General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint KIMBERLY LOCKWOOD, TRACY MARIE KRAUSE, BECKY JO SCHLEIS, BRADLEY S. BABCOCK, KIMBERLY LYNN BABCOCK, SARA GROVER, TRAVIS SCHREIBER, JOINTLY OR SEVERALLY of MADISON and State of WI its true and lawful Attorney(s)—in—Faet(th full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, consents of surety, or other instruments or contracts of suretyship in any penal limit, and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)—in—Fa¢tay do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) —in —Fact to represent aiadt for and on behalf of the Company subject to the following provisions: The Attorney— in— Factay be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney —in —Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Vice President, Surety and their corporate seals to be hereto affixed this 28th day of OCTOBER A.D., 2025 . Corporate , N,••'• N,N,,, ,,, •.. .,r,,,WESTFIELD INSURANCE COMPANY Seals r° Z1S11A�(�',%, p�;f?NAt/y' \i1SUq'', WESTFIELD NATIONAL INSURANCE COMPANY Affixed � `O;''�;' •c �'V} ;�a :;G; �� ........ ;['�;'� OHIO FARMERS INSURANCE COMPANY r r t o 4 z?,�.•'c11AATERfD'.�'a SEALN; SEAL rn .•' Y 'p .. 1841g ,ram •�••••..N•• .•...•• • i4P''•.... •' • { State Of Ohio ' By: County of Medina ss.: Gary W. tumper, Vice President, Surety On this 28th day of OCTOBER A.D., 2025 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is Vice President, Surety of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal .�r,aIAL,I~S,yZ Affixed Zr``' State of Ohio Aavid� A me at Law, Notary Public County of Medina ss.: y My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) rC OF I, Kathleen Golovan, Chief Administrative Officer & Corporate Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 15th day of April A.D., 2026 - z =h: SEAL m=�: .sn ;o,:, 184t Kathleen Golovan, Ch�ef&dministrative Officer Corporate Secretary BPOAC2 (combined) (07-25) CITY OF OSHKOSH Contract Number Oshkosh Convention Center Bond Number 483722J Air Handling Unit Replacement Date Bond Executed (Date of Contract or Later) 4/15/2026 Contract Date: 4/01/2026 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Type of Organization Rohde Brothers, Inc. W5745 Woodchuck Lane, PO Box 409 Plymouth, WI 53073 SURETY(IES) (Legal Name(s) and Business Address(es)) Ohio Farmers Insurance Company 1 Park Circle, PO Box 5001 Westfield Center, OH 44251-5001 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION ❑ Individual ❑ Partnership 0 Corporation State of Incorporation WI Penal Sum of Bond Three Hundred Eighty Five Thousand Nine Hundred Fifty and No/100 Dollars $385,950.00 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. Rohde Brother , Inc. Ohio Farmers Insurance Company Name of Principal/Contractor Name of Sure Bradley S. Babcock V Prr'��✓�� m " Attorney -in -Fact Title y Title