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CJ CONTRACTING/Zoo building roof replacement 2012
1,--J n CONTRACTOR AGREEMENT THIS AGREEMENT, made on the 10th day of October, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CJ CONTRACTING, LLC hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named, enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Cassie Oden, CJ Contracting, LLC) 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 provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Jon Urben, General Services Director) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated September 7, 2012, referred to as the "Project Manual for the City of Oshkosh 2012 Roof Replacement Zoo Maintenance Building, Parks & Forestry Building and City Hall Heating Plant, Oshkosh, Wisconsin, SEG Project No. 12379" as prepared by Specialty Engineering Group LLC, Addendum #1 dated September 24, 2012, Addendum #2 dated September 24, 2012 and the Contractor's bid form dated September 26, 2012. The 1 Contractor's bid form is attached hereto as Exhibit A. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with this agreement,the CITY'S Bid Specifications and the provisions in this agreement 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 IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed by December 31 , 2012. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $59,900, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. 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. C. Additional Costs. Costs for additional services to 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. ARTICLE VII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh 2 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 VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Bid Specifications dated September 7, 2012, referred to as the "Project Manual for the City of Oshkosh 2012 Roof Replacement Zoo Maintenance Building, Parks& Forestry Building and City Hall Heating Plant, Oshkosh,Wisconsin, SEG Project No. 12379" as prepared by Specialty Engineering Group LLC which is fully incorporated into this Agreement. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. TERMINATION A. 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. B. 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. In the Presence of: CONTRACTOR /CONSULTANT By: Q 3 (Seal of Contractor (Specify Title) if a Corporation.) �,( By: C! evur°'1A 1A (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager (Witness) And: vI/_! IL' ,t�� / (Witness) Pamela R. Ubrig, City Clerk v' APPROVED: I hereby certify that the necess- ary provisions have been made to i r pay the liability which will accrue 1111L∎• _ t, under this contract. City Attu-y mir City Co ptrolt 4 OCTOBER 9, 2012 12-495 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AWARD BID FOR ROOF REPLACEMENT PROJECTS FOR FACILITIES MAINTENANCE TO PHD ROOF DOCTORS, NORTHEASTERN ROOFING,AND CJ CONTRACTING (Total Amount of$126,980.00) INITIATED BY: PURCHASING WHEREAS, the City of Oshkosh has heretofore advertised for bids for Roof Replacement Projects at the Zoo Maintenance Building, City Hall Mechanical/Storage Buildings, and the Parks & Forestry Building; and WHEREAS, upon the opening and tabulation of bids, it appears that the following are the most advantageous bids: Zoo Maintenance Building: PHD ROOF DOCTORS 340 S. Milwaukee Street Fredonia, WI 53021 Total Bid: $13,180.00 Parks & Forestry Building: NORTHEASTERN ROOFING 230 Morrow Street Seymour, WI 54165 Total Bid: $53,900.00 City Hall Mechanical/Storage Buildings: CJ CONTRACTING 2821 N. 4th Street, Suite 307 Milwaukee, WI 53212 Total Bid: $59,900.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 323-0130-7214-06237 Property Improvement Fund — Roofing Improvements CITY HALL 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin City of 54903-1130 Oshkosh • OfHKQ/H TO: Honorable Mayor and Members of the Common Council FROM: Jon Urben,General Services Manager DATE: October 1,2012 RE: Bid Award-2012 Roof Replacement Projects BACKGROUND The 2011 Specialty Engineering Group (SEG) Roof Assessment Survey prioritized a roof replacement schedule for all municipal buildings. The survey recommended the roofs of three buildings (Zoo Maintenance Building, City Hall Mechanical/Storage Buildings and the Parks & Forestry Building) be replaced in 2012. The council allocated $500,000 in the 2012 CIP for HVACfRoofing improvements. ANALYSIS Working in conjunction with SEG, Purchasing reviewed and prepared proposals seeking contractors for these projects. Bids were advertised in the local paper and posted online on NovusVendor. Bids were received on September 27, 2012. The bid tab is attached. City staff and SEG reviewed the bids and concluded the low bids for Base Bid #1 (PHD Roof Doctors), Base Bid #2 (Northeastern Roofing) and Base Bid #3 (CJ Contracting) met the minimum bid specifications. FISCAL IMPACT The bids will have a combined total fiscal impact of$126,980. Funding would be charged to CIP A/N#: 323-0130-7214-06237. RECOMMENDATION Purchasing recommends the Common Council award Base Bid #1 to PHI) Roof Doctors for $13,180,Base Bid#2 to Northeastern Roofing for$53,900 and Base Bid#3 to CJ Contracting for $59,900. Respectfully Submitted, Approved: Jon Urben,General Services Manager Mark Rohloff,City Manager 0 • {� 2 f f § § [ § « re ` [22 § ) $ [ 2 ! §ƒ1 _ 44 - - - - # 8 k § @ q ■ I2 S o § i - CO 2 2 0 7 cc § « i/! k§' a* - 61 64 41 - # a § § # 2 @ - §.•k ` §12 % / § 4 22 61 - - - - 44 - - § g$ $�fi $ q §N FA ` § £ # 8 ` ` }/2 §` g ) 0 8;Al§J - _ - - - - - - 2 $ $ $ $ S § K \ k k § % § a § §.� � 2§� . _$ & � - RAt� , 8 . x 1a = o - ® - - - - ® - 0 L0 Q - e3 A 2 8 # 8, 8 8 8 § 8 ■ 33� � j �%� ,\1 z • § & K 2 � \ƒ\§\� ` J ` § 7 / ¥ � —-n1 . 2- E g - "�� H § crl \ » 7 q2J _ - _ _ 44 44 44 44 I 44 , t ■ # 8 f § § § K f 3 2 | m) - • 1:4 § § >. 11,-,: g 2 2 2 22 I 44 _ _ - ® - 6/ 1 8 8 § § a # # a q @ 8 - . N • IX / E n o . Z2£ 2 / y e , § Nf - 44 - _ - - 44 - '4 « 8 8 8 8 ( § §p § s G i§) 2 / E § Q § 2a■ a i - - ® - - ® 44 aAs © | | . ! Et' a U ff©i et i 3 li g| | $ :1i X20 K i| h | 7 ■ _ I lI 2� z § %: �] f | It M ! I $L w • coy;di CERTIFICATE OF LIABILITY INSURANCE OP ID JP DATE(MM,DD/YYYY) 10/09/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I.VMAl.1 NAME: Robertson Ryan & Assoc., Inc. PHONE FAX Two Plaza East, Suite 650 MN!) Est): I(aC,No): 330 East Kilbourn Avenue ADDRESS: Milwaukee WI 53202 CUSTOMER ID#: CJCON-1 Phone:414-271-3575 Fax:414-271-0196 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURED INSURER A: MIDDLESEX INSURANCE CJ Contracting LLC INSURERB: Lloyds of London 2821 N 4th St,_ Box 6, #307A Milwaukee WI 53212 INSURERC: CNA INSURANCE COMPANIES INSURERD: Princeton Excess & Surplus INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AWL SUBS TYPE OF INSURANCE N POLICY kl-F POLICY EXP- LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD!YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 B X COMMERCIAL GENERAL LIABILITY LLGL201220590 10/04/12 10/04/13 PREMISES(Eatoccurrence) $ 100000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5000 B X CG2026 X PERSONAL BADVINJURY $ 1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 0 0 0 0 0 0 7 POLICY X JECT 7 LOC $ AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT $ 1000000 (Ea accident) C X ANY AUTO 5090674222 10/04/12 10/04/13 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS X PROPERTY DAMAGE HIRED AUTOS (Per accident) NON-OWNED AUTOS $ D UMBRELLALIAB _ OCCUR 82A3FF000067000 10/08/12 10/04/13 EACH OCCURRENCE $2000000 X EXCESS UAB CLAIMS-MADE AGGREGATE $2000000 _ DEDUCTIBLE $ X RETENTION $ 10000 $ A WORKERS COMPENSATION 8944362 06/15/12 06/15/13 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVG Y!N N!A E.L.EACH ACCIDENT $ 100000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $100000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more space Is required) Additional insured on all liability olicies arising out of project work shall be City of Oshkosh, and its officers, council memebers, agents, employees & authorized volunteers. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITYOF3 THE EXPIRATION DATE THEREOF,NOTICE WILL BE DEUVERED IN City Of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. City Clerk 215 Church Ave AUTHORIZED REPRESENTATIVE P. O. Box 1130 Oshkosh WI 54903-1130 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Best's Credit Rating Center- Company Information for Continental Casualty Company Page 1 of 2 Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa Home I About Us i Contact Us I Sitemap For ratings and product access Login I Sian-uo Ratings&Criteria v Continental Casualty COmpany di Print this oaae (2) »Home Civ A.- o Methodology A.M.Best 5:002128 NAIC a:20443 FEIN M:362114545 »Best's Credit Ratings+ Address:333 South Wabash Avenue Floor 22 Assigned to '', »Financial Strength Rating Chicago,IL 60604 companies 0.sF5T ■Issuer Credit Rating United States that have,in A, ;3( »Debt Rating our opinion, »Advanced Search Web: :312-822-50 P »About Best's Credit Ratings+ Phone:312-822-5000 ongoing insuranlce obligations.r Get a Credit Rating+ Fax:312-822-6419 g 9 »Best's Special Reports Based on A.M.Bests analysis,050177-Loews Corporation is the AMB Ultimate Parent »Add Bests Credit Ratings Search and identifies the topmost entity of the corporate structure.View a list of operating To Your Site »BestMark for Secure-Rated insurance entities in this structure. 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News&Analysis Y View , Office:A.M.Best Company Financial Strength Rating View Definition Financial Analyst:Scott Mangan Products B.Services : Rating: A+(Superior) j Industry Information v Financial Size Category: XV($2 Billion or greater) Assistant Vice President:Peter Dickey Corporate e I Outlook: Stable Regulatory Affairs a Action: Affirmed Support&Resources m Effective Date: October 27,2011 u Denotes Under Review Best's Rating Conferences and Events v Long-Term: as- Find a Best's Credit Rating I Outlook: Stable Enter a Company Name '.(�/0 Action: Affirmed Date: October 27,2011 »Advanced Search [Reports and News - A.M.1 Best Rating Services Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. 1}Contact nfarnaian AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with 9 View Rating Definitions ( comprehensive analytical commentary,detailed business overview and key financial data. 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Data Status:Contains data compiled as of 9/22/2012 Quality Cross Checked. l Financial and Analytical Products Best's Key Rating Guide-P/C.US&Canada Best's Statement File-P/C.US Best's Statement File-Global Best's Insurance Reports-P/C.US&Canada Best's State Line-P/C.US Best's Executive Summary Report-Comparison-Property/Casualty Best's Executive Summary Report-Composite-Property/Casualty Best's Regulatory Center Best's Insurance Expense Exhibit OEM-P/C.US http://www3.ambest.con/ratings/entiti es/S earchResults.aspx?URatingId=2227 8 64&b1=0&... 10/8/2012 )-r A SECTION 004100 BID FORM THE PROJECT AND THE PARTIES 1.01 TO: City of Oshkosh City Manager do City Clerks Office-Room 104 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 549031130 1.02 FOR(PROJECT): 12379 City of Oshkosh 2012 Roof Replacements 1.03 BID DUE DATE: THURSDAY,SEPTEMBER 27,2012 AT 2:00P.M. 1.04 SUBMITTED BY: (BIDDER TO ENTER NAME AND ADDRESS) A Bidder's Full Name 4/,J CM%(a G 1. Address 11-V21 N. Li 1" St. 30-1 C)Dx t.12 2. City, State, Zip AiVW4AV - - . 1 W1 X3'2-12- 3. Phone: 141 - 1 tft 3 4. Fax: L1114 i 17 1911 5. Email: C% • C Y4C{'1V1� t t.0 ® 04Ail_ COWL 1.05 BASE BID#1 A Roof Work on Zoo Maintenance Building-Roof Areas 1 &2. B. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by the Consultant for the above mentioned project,we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of Iv vte t tev\ 114coe7GtvIA VI %4`rea dollars. ($ / /, 9DD, " ), in lawuful money of the United States of America. C. We have included the required security deposit as required by the Instruction to Bidders. D. All applicable federal taxes are excluded and State of Wisconsin taxes are excluded from the Bid Sum. 1.06 BASE BID#2 A Roof Work on Parks and Forestry Building-Roof Area 3. 12379/Co()2012 Roof Replacement 004100-1 BID FORM B. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by the Consultant for the above mentioned project,we,the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of. J V 4' )14U0c741V%l VU V1 dollars. ), in lawuful money of the United States of America. C. We have included the required security deposit as required by the Instruction to Bidders. D. All applicable federal taxes are excluded and State of Wisconsin taxes are excluded from the Bid Sum. 1.07 BASE BID#3 A. Roof Work on City Hall Heating Plant-Roof Areas 1 -4. B. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by the Consultant for the above mentioned project,we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of: 0k1674111 k1 I tnt tVV ,1Vr?l dollars. ($ ), in lawuful money of the United States of America. C. We have included the required security deposit as required by the Instruction to Bidders. D. All applicable federal taxes are excluded and State of Wisconsin taxes are excluded from the Bid Sum. 1.08 ACCEPTANCE A This offer shall be open to acceptance and is irrevocable for thirty-five days from the bid closing date. B. If this bid is accepted by Owner within the time period stated above, we will: 1. Commence work on or after contract award. 1.09 CONTRACT TIME A. Complete the Work by December 28, 2012. 1.10 UNIT PRICES A The following are Unit Prices for specific portions of the Work as listed. The following is the list of Unit Prices: B. ITEM DESCRIPTION-UNIT QUANTITY-UNIT COST 1. Replace 3/4"plywood decking-per square foot-$ ,041 2. Replace 1 x 10 wood fascia-per linear foot- $ /0 50 3. Replace 112"plywood decking-per square foot-$ 00 4. Replace 1 x 8 wood fascia-per linear foot- $ 1 1 O 12379/CoO 2012 Roof Replacement 004100-2 BID FORM 1.11 CHANGES TO THE WORK A. When the Consultant establishes that the method of valuation for Changes in the Work will be net cost plus a percentage fee in accordance with General Conditions, our percentage fee will be: 1. / D %percent overhead and profit on the net cost of our own Work; 2. $ . S 4'17 Time(per man hour). 1.12 ADDENDA A. The following Addenda have been received. The modifications to the Bid Documents noted below have been considered and all costs are included in the Bid Sum. 1. Addendum# / Dated r7`7 . 2. Addendum# 49 Dated SCe n W . 1.13 BID FORM SUPPLEMENTS d A. The following information is included with Bid submission: B. The following Supplements are attached to this Bid Form and are considered an integral part of this Bid Form: 1. Document 004336-Subcontractors: Include the names of all Subcontractors and the portions of the Work they will perform. 1.14 BID FORM SIGNATURE(S) A. The Corporate Seal of C3 Cm(aCii LC (Bidder-print the full name of your firm) was hereunto affixed in the presence of: C4g,.A Qd�ivlt So\e meNlYxi--(Autho d signing officer,Title) (Seal) (Authorized signing officer,Title) 1.15 IF THE BID IS A JOINT VENTURE OR PARTNERSHIP,ADD ADDITIONAL FORMS OF EXECUTION FOR EACH MEMBER OF THE JOINT VENTURE IN THE APPROPRIATE FORM OR FORMS AS ABOVE. END OF BID FORM 12379!CoO 2012 Roof Replacement 004100-3 BID FORM SECTION 012100 ALLOWANCES PART 1 GENERAL 1.01 MATERIAL ALLOWANCES A. Include Include 320 square feet of 3/4"deck replacement with Base Bid 1. The unused portion of fascia replacement will be deducted from the final contract amount using unit pricing. B. Include 100 linear feet of 1x8 fascia replacement with Base Bid 1. The unused portion of fascia replacement will be deducted from the final contract amount using unit pricing. C. Include 640 square feet of 3/4"deck replacement with Base Bid 3. The unused portion of fascia replacement will be deducted from the final contract amount using unit pricing. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION-NOT USED END OF SECTION 12379/CoO 2012 Roof Replacement 012100-1 ALLOWANCES SECTION 004336 PROPOSED SUBCONTRACTORS FORM PARTICULARS 1.01 HEREWITH IS THE LIST OF SUBCONTRACTORS REFERENCED IN THE BID SUBMITTED BY: 1.02 (BIDDER) 1.03 TO(OWNER) CITY OF OSHKOSH 1.04 THE FOLLOWING WORK WILL BE PERFORMED(OR PROVIDED)BY SUBCONTRACTORS AND COORDINATED BY US: UST OF SUBCONTRACTORS 2.01 WORK SUBJECT SUBCONTRACTOR NAME ADDRESS PHONE FAX 2.02 WORK SUBJECT SUBCONTRACTOR NAME ADDRESS PHONE FAX END OF SUPPLEMENT A 12379 J CoO 2012 Roof Replacement 004336-1 PROPOSED SUBCONTRACTORS FORM Bid Bond The American Institute of Architects, AIA Document No.A3 I0(February, 1970 Edition) KNOW MI, MEN BY THESE PRESENTS, that we CJ Contracting, LLC as Principal, hereinafter called the Principal, and Granite Re, Inc. 14001 Quailbrook Dr, Oklahoma City, OK 73134 a corporation duly organized under the laws of the State of Oklahoma as surety, hereinafter called the Surety are held and firmly bound unto City of Oshkosh 215 Church Ave Rm 104 P.O. Box 1130 Oshkosh, WI 54901 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount Dollars($ 5%of Bid Amount ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. W H ER EA S, the Principal has submitted a bid for City of Oshkosh, 2012 Roof Replacement, Zoo Maintenance Building; Project No. SEG 12379 NOW ` III BEFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 26 th day of September 20 12 / CJ ontracting, ,L.,L,�n, d�� - !�6, -- I r1 AI Wll(A itne4 (seal) By: Sole AeMbe (Title) 1 1 f Granite Re, Inc.41/ 11, Witness K., a on (seal) e‹, Robert Downey (Title) Attorney in Fact 1 AK Document No.A310 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC.,a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH its true and lawful Attorney-in-Fact(s)for the following purposes,to wit: To sign its name as surety to,and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC.a certified copy of which is hereto annexed and made a part of this Power of Attorney;and the said GRANITE RE, INC. through us,its Board of Directors, hereby ratifies and confirms all and whatsoever the said: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH may lawfully do in the premises by virtue of these presents. In Witness Whereof,the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer,this 12`h day of April,2012. Kenneth D.Whittin on, President STATE OF OKLAHOMA ) [[ SEAL ) SS: COUNTY OF OKLAHOMA ) Secretary/Treasurer A. Frates,Secreta /Treasurer On this 12`h day of April,2012, before me personally came Kenneth D.Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said,that they,the said Kenneth D.Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC.,the corporation described in and which executed the foregoing Power of Attorney;that they each knew the seal of said corporation;that the seal affixed to said Power of Attorney was such corporate seal,that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively,of the Company. My Commission Expires: August 8, 2013 N tary Publi Commission#: 01013257 ''r,,Qk,, GRANITE RE,INC. Certificate THE UNDERSIGNED,being the duly elected and acting Secretary/Treasurer of Granite Re, Inc.,an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc.and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED,that the President,any Vice President,the Secretary,and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF,the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 19th day of Sep , 2012. �,o.ERe� .�oNa.� G SEAL o,.0 odman A. Frates, Secretary/Treasurer GR0800-1 Bond#GRWI20151 B THE AMERICAN INSTITUTE OF ARCHITECTS C"A ih Am Document A312 Performance ance Bone Any singular reference 10 Contractor, Surety, € caner or other party .ha0 he considered plural where applit:able. CONTRACTOR (Name and Address). SURETY IN ame> and Print ipal Plat t. of Fiaaclne‘oo, CJ Contracting, LLC Granite Re,Inc. 14001 Quailbrook Dr 2821 N 4th Street Box 6, Suite 307A Milwaukee,WI 53212 Oklahoma City, OK 73134 OWNER (Name and Address): City of Oshkosh 215 Church Ave Rm 104 P.O. Box 1130 Oshkosh, WI 54901 CONSIRUC.IIONi CON 1RAC 1 Date! October 10,2012 Amount; $59,900.00 Fifty-Nine Thousand Nine Hundred Dollars and 00/100 Description (Name and I.ocationl:2012 Roof Replacement Zoo Maintenance Building, Parks&Forestry Building and City Hall Heating Plant liC)ND Project No. 12379 Date (Not earlier than Con-truction Contract I)alel: October 10,2012 Amount: $59,900.00 Fifty-Nine Thousand Nine Hundred Dollars and 00/100 Modif ications to tllas Bonet: None X: See Page .I CON I RAC 1 OR AS PRINC1PA1 SUR1 1Y Company.' 1C,orpoiate Seal) Company: / f(,orpurate Sea.'CJ Contractin:,LLC Granite Re, Inc. Signature: v�, v� Signature: _ -'3V//e--/ •(/�._... Name and title: � Nanie and 1'a1le. Nsc)'`'c` t'r Connie Smith ttAnys additional signatures appear on page 3 fi Attorney-in-Fact tF()R INFORMATION ONLY--Name, ARdcfres=; and Tt'lvphonv AGENT or BROKER: O'ANER'S REPRESENTATIVE Art hitec I E ngineer or J.Ryan Bonding,Inc. olber Party . Specialty Engineering Group P.O. Box 465 N89 W16785 Appleton Ave,Stop 1 Hudson, WI 54016 Menomonee Falls WI 53051 (715)377-8230 (262)253-4700 AIA DOCUMENT AI12•P1RrC.tR r^.'ti1.r 1a()%0 AND 1wyrkaiNT iiC)NF)•1)IC'#t3tt1.K v,164 £E.1. 11 5 4 _ _....... Tot ' .t(RIC>it.1'.'ESrllt,0E to AR(11'114 r'... 1715 iOR1. . M1'a1^. ',SASH NA,It) 1't,1 .'i1loh A312-1984 1 ?WIRE)Pill'.rING w tii.+.Rt.EE Best's Credit Rating Center- Company Information for Granite Re, Inc Page 1 of 2 Ratings & Criteria Center Regional Centers:Asia-Pacific(Canada I Europe,Middle East and Africa Home I About Us I Contact Us I Sitemap ;jeji For ratings and product access Login I Sion-uo Ratings&Criteria v Granite Re, Inc IP]Print this page (2) 0 Home »Methodology A.M.Beat#:011379 NAIC#:26310 FEIN#:731282413 »Best's Credit Ratings+ Address:14001 Quailbrook Drive Assigned to Fewrwialiiismoh Rat »Financial Strength Rating Oklahoma City,OK 73134 companies "< '- 1 »Issuer Credit Rating that have,in United States A u Debt Rating our opinion, »Advanced Search Web: anitere.com »About Best's Credit Ratin s+ Phone::4 405-05-752-2600 an excellent ability to meet their g Fax:405-749-6800 ongoing insurance obligations. »Get a Credit Rating+ »Best's Special Reports Based on A.M.Best's analysis,051882-RRRF,LLC is the AMB Ultimate Parent and »Add Best's Credit Ratings Search identifies the topmost entity of the corporate structure.View a list of operating insurance To Your Site entities in this structure. BestMark for Secure-Rated Insurers Best's Credit Ratings Contact an Analyst o Awards and Recognitions .Financial Strength Rating View Definition .Best's Credit Rating Analyst News&Analysis. Rating: A-(Excellent) Office:A.M.Best Company,Oldwick NJ Products&Services Financial Size Category: V($10 Million to$25 Million) Senior Financial Analyst:Gordon McLean :c Outlook: Stable Managing Senior Financial Analyst:Jennifer Marshall, Industry Information an Action: Affirmed Corporate a Effective Date: December 21,2011 Regulatory Affairs v u Denotes under Review Best's Rating Support&Resources .g Issuer Credit Rating,,..View Definition Conferences and Events» Long-Term: a- Outlook: Stable Action: Affirmed '.. Find a Best's Credit Rating Date: December 21,2011 Enter a Company Name I(ikGo ............ ..___ ............... __.. ...___ »Advanced Search .._.. ......... _.___ .............. _.._._. ____ ....... _ ..._... _.. __. Reports and News Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. `A M Best Rating Services =— AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with uu c •'fc,rot3aun" ..._. t comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:7/23/2012(represents the latest significant change). View Rating Definitions ' Historical Reports are available in AMB Credit Report-Insurance Professional Archive. Select one... Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports feature balance sheet,income statement,key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2012 Best's Statement File-P/C,US Contains data compiled as of 11/17/2012 Quality Cross Checked. • Single Company-five years of financial data specifically on this company. • Comparison -side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite -evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided in the most current edition of Best's Key Rating Guide products.(Quaity Cross Checked). AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts and tables.Each report also features the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 11/17/2012 Quality Cross Checked. Financial and Analytical Products Best's Key Rating Guide-P/C,US&Canada Best's Statement File-P/C,US Best's Statement File-Global Best's Insurance Reports-P/C.US&Canada Best's State Line-P/C.US Best's Executive Summary Report-Comparison-Property/Casualty Best's Executive Summary Report-Composite-Property/Casualty Best's Regulatory Center Best's Insurance Expense Exhibit(IEE)-P/C.US Best's Schedule F(Reinsurance)-P/C,US Best's Schedule D(Municipal Bonds)-US Best's Regulatory Center Market Share Reports http://www3.ambest.com/ratings/entities/SearchResults.aspx?URatingId=2227864&b1=0... 11/21/2012 From Fax Gateway Thu Nov 15 09:38:20 2012 Page 4 of 8 11/15/2012. 9:34 AM FROM: Fax Northern Escrow, Inc. TO: +1 (414) 755-1477 PAGE: 004 OF 008 November 15,2012 Mr.Jon Urben, General Services Director City of Oshkosh 215 Church Ave., Rm 104 Oshkosh, WI 54901 RE: 2012 Roof Replacement Zoo Maintenance Build, Parks& Forestry Building and City Hall Heating Plant, Oshkosh, WI,SEG Project No. 12379 Mr. Urben: We, the undersigned, hereby irrevocably request that all payments due or to become due on account of the contract dated on or about October 10,2012 by and between the City of Oshkosh,and the undersigned for the performance of contract work related to the above referenced contract be forwarded and made payable to Northern Escrow, Inc., FBO CJ Contracting, LLC, 1276 South Robert Street. West St. Paul, MN 55118,agent for surety Granite Re, Inc., 14001 Quailbrook Drive, Oklahoma City, OK 73134, which company is surety on the performance and payment bonds given in connection with the aforesaid contract. We advise there shall be no modification or change in these instructions without the written authorization and consent of Granite Re, Inc. or its agent, Northern Escrow, Inc. CJ Contracting, LLC 13>': S( e (s2 Its 92 e Me,NofrIL cc: Granite Re, Inc. Northern Escrow, Inc. Bond# GRWI20151 B 1 the Contractor and the .Surely=. I hilly and sill=(tally, Fshich it may be liable to the Owner and, as bind themselves, their heirs, ext.(:tJlt,rs, administrators, soon as practicable alter the artitiuni i■detr'r- •.Le(t.c',sears and assigns lo the Owner fur the performance mined' tender payment lhet r'tt,r to she or the(-'orty,trtactrtan Contract,which at incorporated heft in Owner; Or by relerente: 2 Deny liability in ttool'c or in part and nowt Iht 2 It the. Cc,ntrat tor pt•itolna' the Coeistrut Lion Contract, (weer tltlrlg reasons therefor. the Surety and the Contractor .hall hate no oblrgath„n under this Bondi, exca 1 to participate In (v,nter(•RCes a 5 11 the Surt lv doe's not proceed at,provided in I ar.a ;aaph paT()vtder� In tiul,plarat raph 3 4 with reasonable promptne ss.the Stitch, shall be drurri'd to be in de'tault on this Rom!'trrtecn dal s,nter receipt fit an 3 If there is no Owner I)r`Ti lrr, the Sure>tv''i Caftlii;:elidxn additional ttnite'rt niiiite Ire.am they (_)+i 't'r if) the purely under this Bond shall .iris(' ,after: demanding that the Surety` perform its obligati(∎es unrle'r this Bond, and the Owner..haft be entitled toI e nt(,r(r.fiat- 3.1 The ()wrier has notified the Contractor and the reined•, at ailable t<u the Owner. It the `.ure•it proceeds as Surely al it, address destined in Paragraph It) below provided in Subparagraph•1..4 arid the Otvr',e.=r fetuses the that the t.htmer is considering declaring a Contra(for payment rendered or the Surety" has dented liability, in l)elault and has requested and attempted to arrange a whole or=n part without further notice the Owner Shall be CunterC•nii with the Contractor and the Sureti to be entitled to enforce any IC'ithedt avail,,E,te 1(r the Owner. held riot later than lateen days after receipt of such 114)1ke tit discuss methods of performing; the CI ostrur- 6 Alter the ()wner ha, terminated the( ienrrAt Ill rir,ht lion Contract. Ii the C)wrier, the (:nrri-,ictttr and the to (complete the C.c.mstrui non contra(I. and it the surest Surety agree tltt'Contra(tor shall be allowed a reason- clef t+ to all iiruler Subparagraph I I, 4-1, or 4 3 ali)ve, able time to perlorrn the Construction Contract. but then the, responsibilities of the Suretv to tlhe Owner shall sot h an agreement shall not waive the Owner's JIght.. it not be greater than those or tl t (-r„rlrattor 011111.1 Ilse arty,subsequently to declare a C:ontrac tot l:aetaiilt; ,anti Crcnstruttinn Contract. and ihr' respnnsrt_hrlrtres or the Clymer tii the•St,rely.hall not be greater than those in the 3.2 I he Owner has de(lined a Contra(for 1)er,acatt and (-)t°ner under the Construction Contract. [41the limit eat tire• lorrihall'.,ti rminated the Contractor's right to complete amount of this Bonet, hut st,hte(-1 to e ornrnilmerit tit the Iht' t introit. SUth Contractor Default ,hall not be(de'^> C.)11'nt t r,l 1jh4 Ralaotc tit Ihr Contract Pr.(c to rthrli .Uittn in cloned e,<rlier than twenty days atter the Conira(Ire and costs:And ddnsaj;e.uritli ( (tn,tr,u,Y.Ion(.-nnir,ut.rhe,'titile Iht' Surety have received nnttce as protirded in 'Sub-Et is obligated w th(r(Jt duplication tor. paragraph 3.1; and 6.1 The reipunstbdittes tit the Contra(11)r lot I.,rle t. 3.3 The Owner has agreed to pa'. the 11.alance in the non of defective e ttiork anti(oropieI it in tit Ilae( a in,rrua- ( ortlrat t Price to the Soren' in accordance cc lb the ttLita Contra(t; terms tit the Construction Contrail or to a contractor selected to perform the Construction Contra( I in AG 6.2 Addin.rtnal legal, design professional and (Has dance with the terms iii tin,• contract with the Owner. (.t„1. resulting from the Contractor's t)e.•latilt. ,arid re, suiting horn the actions or taelure to or e,t the ~.cri b 4 \Vthen the C)wnc'r has satistie(I the c undeht,n, iii Para- under Paragraph 4; and graph I, the Surety .hall promptly and at the Surety; ex- pense take one net the iollowviri action':: 6.3 Liquidated damages, or It no liquidated ,_lanlj-,;c', are specified to the C (intro(Iron C (entra<t at twit Cam 4.1 Arrange for the Contractor. with consent ot the ,t r. 4.417srt1 kV delayed perra,rrlanccc rot ntrn.pe rlur- Owner, to pc•rtOrrfi arid complete the ( orost'U(1him rn.,an(i eai the Contractor. Contra(I; or 7 I he Surety shall not be liable to the Closer or other,Ior 3.2 Undertake lu pe•torrrt:and complete the C.unstru... obligations of the Contra(tor th,al are urtrelAle'(.l to the t tt,n. liOn Contract at.eh, through its agents or through trick s€rut_tlon C:airitra(.t, and ihte Ilal.tnr e or the Contract Prli•. pendent contractors; or shall not he redo(t;'d or set oft on account or ant sir(tr 4.3 C)htain bids or negotiated proposals front unrelated obligations. No right lit auizort .hall sit i n,' till quali),ed contractors ,a(ceplable to the (shiner tar a this Bond In any person or entity lithe r than Ilu'C)trner or ct,nlracl for pertorma.nc:e and completion cif the („()n, its hers, etecutors, adit:ni.lrators or ,ta(Acools„ situation Contract, arrange for a contract to he iir - loci- pared tor exet'utic,n by the Owner and the r ontrartr,r 8 the Surety hereby'waives milli e rat ;ant change. an(loci- ,ng change. of lime, to the Construction C ontract or to selected with the C)wner's('(traCtrrrena N, to be secured totaled .ubtt,raira,tc, purchase orders and Other r,hllt,.'r with peril rtnartie and pat-merit bonds executed by a. lions.. qualified surety equivalent to the bonds issued on the C..onstruction Contract, and pay to the Owner the 9 Ant proceeding, legal Or equitable, under this Hoed amount oi damages as described in Paragraph rapft (,in ex- ni,iv he Instituted in an;court of competent lnnschction in c ess tit the Balance of the((Attract Price Incurred by the the location in which the work or part tit the work Is located (honer resulting trorn the Contractors default; or and shall he instituted within two years alter Contra(for a.el Waive its right to pertorm and complete. arrange Default Or within two years atter the Contra(for t ea.ee1 to completion, or obtain anew contractor ind with working or'.'Rhin two nears after the Surely r'Itl.e.tar fails reasonable promptness under this i Irrurn.-Aria-e : to perform its obligations under this hind,% hicheter nc. curs first. It the provisions (it this Paragraph are toir-t (it .1 AItti invesiig,rtiuun. determine the amount fur prohibited by law.,the minimum period or limitation ,ayail- MA DOCUMENT A312 • PFR1cmiIciANCt Lit)tit) AND r'A1.tliN.1 145 i i!)•f)r('rcltirR IRS. EA, Alt tie} A:ttERte is. Isi ttIUtt OF Aetc't1171c1., r717, •r'. NOR*: iY`( -•t%V.,"..'. -It'o t(,V.;1.(. .s's A312.1984 2 'n m:7 t'RINin ..e;... MARCH 1-it' Bond* GRWI20151B able to sureties as a defense in the jurisdiction ot the suit tractor ot any amounts received or to be received by shall hr applicable, the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled. re- lit Non(e hi the Surety,llw Owner or the Contractor shall duced by all valid and proper payments made to or nil be mailed or delivered to the address shown on the sig- behalf ot the Contractor under the Construction Con- nature page. traca. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: the agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- t he construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto, shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal rectain,ment shall 12.3 Contractor Default- Failure or the Contractor, he deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms or the common law bond. Construction Contract, 12 DEFINITIONS 12.4 Failure cif the Owner,whir iwither been remedied nor waived, 10 pav the Con- 12.1 Balance of the Contract Prit.0: The total amount tractor as required by the Construction Contract or to paYable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustment theie0t. have been made, including allowance to the Con- MODIFICATIONS TO THIS sow) ARF AS 1011 OWS: It is a Condition of this Bond that all contract funds are to released to Northern Escrow, Inc. Northern Escrow, Inc. 1276 S. Robert Street West St. Paul, MN 55118 651-457-9621 -Voice 651-457-7531 - Fax t Space is provided below Ion additional sgnaturei,of added parties, other than those dppearing on nit' over page. CONTRA°OR Al Plit1NCI Company. +Corporate Seall Company. +Corporate Seal+ Signature. Signature: Name and NiItTIC and Title: Address, Address: ALA IXWVAAINTE A312 pri2rokistAtscr, BOND AND ORINIBER 15154 Ill 3,0 rill AMLRICAN It Si+ ANCtilili'Is 171;NON NAN D.( 5iUi4 A312-1984 3 THIRD PK15.1 INC •MAR0-4 wI Bond# GRWI201 51 B THE AMERICAN INSTITUTE OF ARCHITECTS • fi 1)oc een u rr t Al 1' Payment Bond 'trly sisi4 ular rcIer tr tar C:unto.attccr_ 4uret,, Ch%ni r or (alta=r [mow ,taali t'ir^crrn,irlereei plural tt>l€i'n' applic.thls'. CON!RAC:JOR tNarTrnc and Addresc:: SI„RITN rNan e`' and Principal Phi c: tai Business,. CJ Contracting,LLC Granite Re,Inc. 14001 Quailbrook Dr 2821 N 4th Street Box 6, Suite 307A Milwaukee, WI 53212 Oklahoma City,OK 73134 OW...ILK (Name and Addre ,,. City of Oshkosh 215 Church Ave Rm 104 P.O.Box 1130 Oshkosh, WI 54901 CONSTRUCTION COME,{1' Date: October 10,2012 Amount: $59,900.00 Fifty-Nine Thousand Nine Hundred Dollars and 00/100 Description (Name and tom anent: 2012 Roof Replacement Zoo Maintenance Building,Parks&Forestry Building and City Hall Heating Plant BOND Project No. 12379 Date mNot earlier than C:aarnstruction Cunt ract Datel: October 10,2012 Amount: $59,900.00 Fifty-Nine Thousand Nine Hundred Dollars and 00/100 Modiln atio ns to this Bond- one X''' Svc [rage b CONTRACTOR AS NINOPAI SURETY Company: t-rrrprarattm Seal Cumnparnrr orporate S€di CJ Contrac n L Granite Re, Inc. /'/' Signature: t, *1 • J 'Signature: Name and Title' cY.\.1 Name and Title: \Z\i'vriNct C Connie Smith tAny additional signatures appear on p=age €n; Attorney-in-Fact (FOR IN'tOR tAtIOr\ O\I I'—,\ me, Address and Tr•Ic.r rirrarra AG1-N1 or E ROKFtt: OWNLR'S RIFT E..SiNIATRI t Architect, Fnginee'r or J.Ryan Bonding,Inc. other Party l Specialty Engineering Group P.O. Box 465 N89 W16785 Appleton Ave, Stop 1 Hudson, WI 54016 Menomonee Falls WI 53051 (715)377-8230 (262)253-4700 MA DOCUMENT A312•PERro&tithN(m 5 )''i 4SI) YML d HO\t,a•e u EMtttR 1464 = AmA iart AMIRrr.n i. rtra.It OF iltt.Htttt m.`r, 'vEW Yc)t€.Avi . tv . MnvAst,ty rrn ,. n z ,rx A312.1984 4 THIRD PR N I€,A •:MAR 0-1'i 'S' Bond# GRWI20151B 1 I he Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions materials and equipment furnished for use in the pert or- 6.1 Send an answer to the Claiant, with a copy to mama. ra.. the Construction Contract, which is incorpo m the Owner, within 45 days atte.r receipt of the rlaim, rated herein by reference stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall he for challenging any amounts. that are disputed roll and void if the Contractor: 6.2 Pay or arrange far payment at any undisputed 2_1 Promptly makes payment, directly or indirectly, amounts for all sums due Claimants, and 7 the Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount at this Bond. and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety person or entity whose claim, demand, hen or suit is for the payment for labor, materials or equipment fur 8 Amounts owed by the Owner to the Contractor under niched for use in the performance of the Construction the Construction Contract shall be used fur the' perfor- Contract, provided the Owner has promptly notif ied mance of the Construction Contract and to satisfy ciaims, the Contractor and the Surety (at the' address if any, under any Construction Performance Bond By described in Paragraph 12) of any claims, demands, the Contractor turnishing and the Owner accepting this liens or Suits and tendered defense of such claims, Bond. they agree that all funds earned by the Contractor demands, liens or suits to the' Contractor and the in the performance of the Construction Contract are Serety, and provided there is rio Owner Default dedicated to satisfy obligations of the Contractor and the Surety under this Bond. subject to the Owner's prior 3 With respect to Claimants, this obligation shalt he ay to use the funds for the completion of the work null and void ii the Contractor promptly makes pay- ment, directly or indirectly, for all sums due 9 I he Surety shall not be liable to the Owner,Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat ed to the Construction Contract The Owner shall rot be under this Bond until' liable for payment of any coats or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obit contra(t with the Contractor have given notice to the gations to make payments to,give notices on behalf or, or Surety(at the address described in Paragraph 121 and otherwise have obligations to Claimants under this Bond sent a copy, or notice thereof, to the' Owner, stating that a claim is being made under this Rood and, with 10 The Surety hereby waives notice of any change, substantial accuracy. the amount of the claim including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor obligations. .1 Have furnished written notice to the Con- 11 NO suit or action shall be commenced by a Claimant Bond. , . . tractor and sent a copy, or notice thereof, to under this bona otner than in a court at competent lute, the Owner, within 90 days after having last diction in the location in which the work or part ot the performed labor or last furnished materials or work is located or after the expiration 01 one year from the equipment included in the claim stating,with date 11)on which the Claimant gave the notice required by substantial accuracy, the amount of the claim Subparagraph 41 or Clause 4.2.3. ca (2)on which the last and the name of the party to whom the labor or service was performed by anyone ca the last maw . materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con whom the labor was done or performed; and struction Contract,whichever of(1 j or;,2)first occurs.It the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or net received defense ie the jurisdiction of the suit shall be applicable within 30 days of furnishing the above nce tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page sent a copy, or notice thereof, to the Owner, stating that a claim Is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted heretrom and provisions roil Owner to the Contractor or to the Surety, that is suf fa forming to such statutory or other legal requirement shall cient compliance. he deemed incorporated herein 11w intent is that this AIA DOCUMLNII AM•FIR FOR MANC r hi>,1%c.)A,No r,01■.1t,+.E BOND•LikC EWA R 19`54 ED •AIN.' In( kMI RICAN OIS 11 IL;ii GE •It(f-litECIS,17Y,N.pe. ',CRN "061 \V. W•tiiIINC:70% is c ..1)0(•-•, A312-1984 5 T Mgr)MO:I J,47,•wIARCH l'417 Bond # GRWI20151 B Bond shall be construed as a statutory bond and not as a Construction Contract.architectural and engineering common law bond. services required for periormanri' of the work ni the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearirtgto be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy oi equipment tiere furnished. to be made. 15.2 Construction Contract: I he agrecment between 15 DEFINITIONS the Owner and the Contractor iderltilied on the wig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and c onirart with the Contractor or with a subcontractor 01 changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner De fault: (allure or the Owner,which has meat for use in the erformance of the Contract.The p neither been remedied nor waived, to pa}' the Con- intent of this Bond shall be to include without lif<trta- tractor as required by the Construction Contract or to lion in the terms"labor,materials or equipment"that perform and complete or c omply with the other terms part of water, gas, power, fight, heal, rail, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision: Within a reasonable time(1)after the claimant has satisfied the conditions of Paragraph 4 and(2)after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. It is a Condition of this Bond that all contract funds are to be released to Northern Escrow, Inc. Northern Escrow, Inc. 1276 S. Robert Street West St. Paul, MN 55118 651-457-9621 - Voice 651-457-7531 - Fax (Space is provided below for additional signatures of added parties. other than those appearing on the cover page.) CON`t'RACIOIR AS PRINCIPAL SURITY Company: [Corporate Seal) Company: (Corporate Seal) Signature: ._ -- .. Signature: Name and Title: Name and Title: Address: Address: ALA t )CUML?T A112• PFI{FOIMRANCE DOND AND PAYMENT B7Nb•Ot(EMIIIK 19A4 IL), •AlA "- TNr AMERICAN tnisTrivrt or ARCHITECTS. 1735 NEW YORK AVE. . N w.. WASHINGTON.DC.2000 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC.,a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH its true and lawful Attorney-in-Fact(s)for the following purposes,to wit: To sign its name as surety to,and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer,this 12'day of April,2012. r,oye C Kenneth D.Whittin on, President STATE OF OKLAHOMA ) SEAL SS: .<.� COUNTY OF OKLAHOMA ) Rodman A. Frates,Secretary/Treasurer On this 12`h day of April,2012, before me personally came Kenneth D.Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D.Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC.,the corporation described in and which executed the foregoing Power of Attorney;that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively,of the Company. My Commission Expires: "'""" Notary Public August 8,2013 .� Y Commission #: 01013257 GRANITE RE,INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc.,an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc.and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President,any Vice President,the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." IN1'yp NESS WHERE95t he undersign llls subscribed this Certificate and affixed the corporate seal of the Corporation this day of otTE Rg vP oau'4p 4 SEA- L µo odman A. Frates, Secretary/Treasurer GRO800-1