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HomeMy WebLinkAboutAugust Winters & Sons- Library Boiler ReplacementBond No. 521537K Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Nance, legal status and address) August Winter & Sons, Inc. N850 County Road CB Appleton, WI 54914 OWNER: (Name, legal states and address) City of Oshkosh CONSTRUCTION CONTRACT Date: April 1, 2026 Amount: $ 347,722.00 Description: Nance and location) Oshkosh Public Library Boiler Replacement BOND Date: April 21, 2026 (Vot earlier than Consinfetion Contract Date) Amount: $ 347,722.00 SURETY: (Name, legal status and principal place of bttsiness) Ohio Farmers Insurance Company P.O. Box 5001 Westfield Center, OH 44251 - 5001 Mailing Address for Notices Ohio Farmers Insurance Company P.O. Box 5001 Westfield Center, OH 44251 - 5001 Modifications to this Bond: ❑X None ❑ See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) August Winter & Sons, Inc. Signature: Name ✓rl b' f S and Title: Pir'e5lAent-- (Any additional signatures appear on the last page of this Petformance Bond) SURETY 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. Company: (Corporate Seal) Ohio Farmers Insurance Company Signature: �L Name Kelly Nicole Enghauser and Title: Attorney -in -Fact (FOR LVFORAM77ON ONLY—Nanna, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party) Willis Towers Watson Midwest, Inc. 8400 Normandale Lake Blvd, Suite 1700 Bloomington, MN 55437 763.302.7197 4 y:. 184® :. S-1852/AS 8/10 § 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 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 tics 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 orwaived, 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. § 151 f 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. S-1882JAS 8/10 Bond No. 521537K Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal status and address) August Winter & Sons, Inc. N850 County Road CB Appleton, WI 54914 OWNER: Nance, legal status and ad(b ess) City of Oshkosh CONSTRUCTION CONTRACT Date: April 1, 2026 Amount: $ 347,722.00 Description: (Name and location) Oshkosh Public Library Boiler Replacement BOND Date: April 21, 2026 (Not earlier than Construction Contract Date) Amount: $ 347,722.00 SURETY: (Nance, legal status and principal place of business) Ohio Farmers Insurance Company P.O. Box 5001 Westfield Center, OH 44251 - 5001 Mailing Address for Notices Ohio Farmers Insurance Company P.O. Box 5001 Westfield Center, OH 44251 - 5001 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modificati6n. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Modifications to this Bond: ] None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) August Winter & Sons, Inc. Ohio Farmers Insurance Company Signature: Signature: Namo / i'a M 1e ✓1 h V0 Namo Kelly Nicole Enghauser and Title and Title: Attorney -in -Fact ,,,,HIIIII/I,II (Any additional signatures appear on the last page of this Payment pond.) ^ sue; CH11RTfRfO? (FOR NFORML4TION ONLY — A'ame, address and telephone)j:, 1848 ? AGENT or BROKER: OWNER'S REPRESENTATIVE: �' ` ��''• �° (Architect, Engineer or other party:) Willis Towers Watson Midwest, hic. 8400 Normandale Lake Blvd, Suite 1700 Bloomington, MN 55437 763.302.7197 S-2149/AS 8/10 § 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. § 16 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; .6 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 Gamed 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 Contractors 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. 8-21491AS 8/10 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 06126125, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 2263612 02 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY 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 BRIAN D. CARPENTER, NICOLE LANGER, CRAIG OLMSTEAD, JESSICA HECKER, MICHELLE HALTER, HEATHER R. GOEDTEL, KELLY NICOLE ENGHAUSER, BLAKE S. BOHLIG, LAURIE PFLUG, HALEY PFLUG, KATHRYN E. KADE, JOINTLY OR SEVERALLY of DALLAS and State of TX Its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, 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-Fact may 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 and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact may 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 National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 26th day of JUNE A.D., 2025 . CorporateSeals a� MY••1. �.tI,gl,,a Affixed V�r�•g����� W t SEAL 3 t State of Ohio`" County of Medina ss.: �•,,,,,,, WESTFIELD INSURANCE COMPANY �S1"Sul WESTFIELD NATIONAL INSURANCE COMPANY �,.•'"+''•.,�, OHIO FARMERS INSURANCE COMPANY Nvi *as E ,,l8419 q! .., "••t,,,,,,,.••••" By: Gary Wftumper, Nationa Surety Leader and Senior Executive On this 26th day of JUNE 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 National Surety Leader and Senior Executive 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 `•,,,0„p1111Nf,,,,♦,,a Seal �1 A t Say Affixed A, ........ F'a�011f 2 `,...;f State of Ohio Q'�0 David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: �, p r"�T.- My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Kathleen Golovan, 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 21St day of April A.D., 2026 NA M SJC� �1 L m SEALS = •�NARTEg f� .; ;m_ '42: 0 vvo) � �, � /- - , (/,- �Z- Kathleen Golovan, Chief Administrative Officer and Corporate Secretary BPOAC2 (combined) (06-25)