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HomeMy WebLinkAboutR.D. Woods Co/sealant/Library ORIGI . CONTRACTOR AGREEMENT SEALANT REHABILITATION-- OSHKOSH PUBLIC LIBRARY THIS AGREEMENT, made on the 14th day of August, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and R.D. WOODS COMPANY INC., 1301 E. WATERFORD AVENUE, ST. FRANCIS, WI 53235, 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: (Donald J. Gollwitzer, President) 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: (Vicki Vandenberg, Oshkosh Public Library) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated May 31, 2013, referred to as the "Invitation for Bid for Oshkosh Public Library Sealant Rehabilitation" and the Contractor's bid form dated on July 9, 2013. The Contractor's bid form is attached hereto as Exhibit A. If anything in the Contractor's 1 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 October 31 , 2013. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $114,295, 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 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 2 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 May 31, 2013, 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: I - r A 7 IP A_ -aseS , 4'r0 / (Seal of Contractor (Specify Title) if a Corporation.) By: 3 (Specify Title) CITY OF OSHKOSH / By: ev-- /�f2(6'' � A) /LLj � /Z'l 'G� Mark A. R hloff, City Manager e (Witness) j) ), , Al Al 4 i ��. And {.� }\ LL C -- X� (Witness) Pamela R. Ubrig, City ' 9 i APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue Alii1 ,► i ' J' under this contract. ity Attor' / -ei 4-, - Fe a-i.,___,_ City Comptroller 4 Ex,/A/T A BID FORM SEALANT REHABILITATION - OSHKOSH PUBLIC LIBRARY CITY OF OSHKOSH Page 1 of 2 BID DEADLINE IS 10:00 A.M., TUESDAY, JULY 9, 2013 From: R.D. Woods Company Inc. (bidder's company name) We, the undersigned, propose to furnish all labor and materials to perform this work per bid specifications. Any area of the proposal page left blank may be considered as a non-responsive bid. Base Bid: 100% Sealant Rehabilitation as specified $ /z.7 o C'irl���0rl�n e�J�� rr-2-3-76.5.,A Arco La �s (Total Lump Sum Base Bid Price - In Words) /7-4't Total Lump Sum Bid Work to commence in 7-6 Q after receipt of order Completed Projects List four (4) representative projects completed in the last five (5) years Project Name Contracting Company Contact Name/Phone # Contract Amt I-4)Zr 44C:1i k9W M'slrnr �.y.1�nr 14.11dSJ2-CV. ) 'Z - 5? $1 �(),GGC_Jr6'� G�► zir� s:. .► a� _ n ) . 1L" 1 $ 0 at") ree_ f' 2^ ' ,, . k^‘ t? 02- t 4 : G• 000 P" Addendum Acknowledgement We hereby acknowledge receipt of and have thoroughly examined the written Addenda(s) issued prior to the bid date in association with this project. These Addenda BID FORM SEALANT REHABILITATION — OSHKOSH PUBLIC LIBRARY CITY OF OSHKOSH Page 2 of 2 are numbered 1 through 1 , inclusive. We further understand that failure to fully list the numbers of all published Addenda may cause the City to reject this bid. Note: If no addenda were published for this project write "N/A" in blanks above. Payment terms Net 30 Days Date Submitted: 7/9/2013 Name of Company: R.D. Woods Company Inc. Submitted by: (name and title) Donald J. Gollwitzer President Email address: r.d.woods@tds.net Address of Company: 1301 E. Waterford Ave. St. Francis, WI 53235 Phone: (41 4 ) 238-6888 COPY WEST BEND A MUTUAL INSURANCE COMPANY'" • Bond Number 0882222 Bid Bond KNOW ALL BY THESE PRESENTS,That We, R. D.Woods Co.,Inc. as Principal, • and WEST BEND MUTUAL INSURANCE COMPANY, a corporation organized under the laws of the State of Wisconsin and having its principal office in Middleton, Wisconsin, in said State, as Surety, are held and firmly bound unto Oshkosh Public Library as Owner, in the full and just sum of • Five Percent ( 5 %)of amount bid for the payment • whereof said Principal binds its heirs, administrators, and executors and said Surety binds itself, its successors and assigns firmly by these presents WHEREAS, said Principal has submitted to said Owner a bid or proposal for Masonry Work NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if within Sixty days hereof and in accordance with said proposal a contract shall be awarded to said Principal and the said Principal shall enter into a contract for said work and shall furnish bond with surety as required for its faithful performance then this obligation shall be void, otherwise remain in full force and virtue. Signed and Sealed this 9 day of July , 20 13 Principal: R. D.Was r,•.,�. / B : I4711711' (SEAL) Witness: _.2:4s...,5 Name fesf. Donald Gollwitzer ,President Title Surety; Wed lend Mutua4'1 u rice Company tit ✓�l Llih �� (SEAL) WItn�S. 41116„. ' 'lame Type AMY ATKINSON Attorney-In-Fact Title Agency Name: INTEGRATED RISK SOLUTIONS INC Address: 2120 PEWAUKEE RD.,STE 202 WAUKESHA , WI • 53188 Phone Number: (262)523-9600 MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, • 1956 PA 218 and MCL 500.2236. NB 0192 02 08 Page 1 of 1 8401 Greenway Blvd.Suite 1100 I Middleton,WI 53562 I Phone:(608)410-3410 I Fax: (877)674-2663 I www.wbmi.com A/IAT;ST BEND COpy 0882222 A MUTUAL INSURANCE COMPANY. _ d Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: AMY ATKINSON lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Six Million Dollars($6,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate;al to be hereto duly attested by its secretary th' 1st day f-March, 2009. Attest f> �'• 1 . cu, Je w u� / .a.: .,off•. L;61Air Ja J. Pa m`GO�O�TF':VD: Kevin A. Steiner Se tary ;�,� SEAL y °j Chief Executive Officer/President � .. State of Wisconsin •.. '�roN.•:.�' :;' County of Washington On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. v ymi t. .•_J * NOTARY * ': John F-6Gwell =.:a'; PUBLIC : .) Executive Vice President-Chief Legal Officer ? Notary Public,Washington Co.WI _.R yy*,S9. ' My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 9 day of._ July , 2013 ICU'•.. :m: c: - SEAL ;, , v Dale J. Kent Executive Vice President- Chief Financial Officer NOTICE:Any questions concerning this Power of Attorney may be directed to the Bond Manager at NSI,a division of West Bend Mutual Insurance Company 8401 Greenway Blvd. .Suite 1100 I P.O. Box 620976 I Middleton, WI 53562 I ph (608) 410-3410 I www.thesilverlining.com R.D. WOODS CO., INC. 6420 S. HOWELL AVENUE • OAK CREEK,WISCONSIN 53154 Phone: (414)764-0999 • Fax: 764-6826 • www.rdwoods.com Building Restoration Services --Desocr- -00 gv/e v t�s 94/7 l ® DATE(MMIDD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 7/22Q013 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 NAMEACT Scott Shaver Integrated Risk Solutions Inc (Arc.No.Est1:262.523.9600 FAX No1:262.523.9601 2120 Pewaukee Rd, Suite 202 E-MAIL Waukesha WI 53188 ADDRESS:certificates @intrisksolutions.com INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:Colony Insurance Company 39993 INSURED RDWOODI INSURER B:West Bend Mutual Ins.Co. 15350 RD Woods Co., Inc INSURER C Princeton Excess&Surplus 10786 1301 E.Waterford Avenue INSURER D Accident Fund Ins. Co 10166 St. Francis WI 53235 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1842199807 REVISION NUMBER: 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 TYPE OF INSURANCE INSR SWVD POLICY NUMBER (MMIDDIIYYYY) (MM/DO//YYYY) LIMITS A GENERAL LIABILITY GL901083 5/30/2013 5/30/2014 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 X PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JET LOC $ B AUTOMOBILE LIABILITY CPV1754194 5/30/2013 5/30/2014 Ct accideenn l SINGLE LIMI f CO t) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED -SCHEDULED AUTOS AUTOS X BODILY INJURY(Per accident) $ ^ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) C X UMBRELLA LIAB X OCCUR 66A3FF0000086901 5/30/2013 5/30/2014 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE y' AGGREGATE $2,000,000 DED X RETENTION$0 $ D WORKERS COMPENSATION WCV6089258 3/6/2013 3/6/2014 x WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 B Hired Equipment CPV1754194 5/30/2013 5/30/2014 Limit $50,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE: Oshkosh Public Library Sealant Project The City of Oshkosh,and its officers,council members, agents,employees and authorized volunteers are additional insureds on the general liability and automobile liability policies, on a primary and non-contributory basis,when required by written contract. Umbrella extends over underlying insurance subject to actual policy forms,terms&conditions. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh,Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Street PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 aat ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: RDWOOD1 LOC it: AR D ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED Integrated Risk Solutions Inc RD Woods Co., Inc 1301 E.Waterford Avenue POLICY NUMBER St. Francis WI 53235 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE *30 days notice of cancellation with the exception of non-payment which is 10 days. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD OR4NAL, WEST BEND THE SILVER LINING A MUTUAL INSURANCE COMPANY' D BOND EXECUTION REPORT Date: 8/15/2013 1:16:44 PM Bond Number: 0882222 AGENCY INFORMATION: PRINCIPAL INFORMATION: INTEGRATED RISK SOLUTIONS INC,48457 R.D.Woods Co.,Inc. 2120 PEWAUKEE RD.,STE 202 1301 E Waterford Ave WAUKESHA,WI 53188 St Francis,WI 53235-4586 OBLIGEE INFORMATION: Oshkosh Public Library 106 Washington Ave Oshkosh WI 54901-4933 Transaction Description: New Business WB Index: NCV 0882222 0 Bond Effective Date: 09/03/2013 Bond Type: Performance and/or Payment-All Other States Work Description: Masonry Work Bond Penalty: $114,295.00 Premium: $2,714.00 THIS IS NOT AN INVOICE MICHIGAN ONLY: This policy is exempt from filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236. 8401 Greenway Blvd. Suite 1100 I P.O. Box 620976 I Middleton,WI 53562 ph (608) 410-3410 I thesilverlining.com WEST BEND A MUTUAL INSURANCE COMPANY" Bond Number 0882222 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That R.D.Woods Co.,Inc. of 1301 E Waterford Ave,St Francis,WI 53235-4586 (Name and address of the Contractor) as Principal, hereinafter called Principal, and WEST BEND MUTUAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto Oshkosh Public Library of 106 Washington Ave , Oshkosh WI , 54901-4933 (Name and address of the Owner) as Obligee, hereinafter called Owner, in the amount of One Hundred Fourteen Thousand Two Hundred Ninety Five Dollars Dollars ($ 114,295.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 09/03/2013 entered into a contract with Owner for Masonry Work in accordance with drawings and specifications prepared by NA (Name of Architect or Engineer) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's Obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contract of com- pletion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be increased automatically and immediately, with- out the need for separate amendments hereto, upon amendment to the Contract that does not increase the contract price more than ten (10) percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CON- TRACT as so amended. The term "Amendment", wherever used in this BOND, and whether referring to this BOND, the Contract or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatso- ever. NB 0012 06 08 Page 1 of 2 8401 Greenway Blvd. Suite 1100 I Middleton, WI 53562 ( Phone: (608)410-3410 I Fax: (877)674-2663 I www.thesilverlining.com Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein of the heirs, executors, administrators or successors of the Owner. Signed and Sealed this 3 day of September 20 13 R..D.Wo s s C.' nc By: r (SEAL) Witness: / 11 'K.- Na pe•: Donald Gollwitzer President Title Sure : W-- :en. M ti -.urance Company B F E/41'6Ji / ✓ (SEAL) Witness 4 L �� �� �� !_ �_ Name Typfd:AMY ATKINSON Attorney-In-Fact Title MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the insurance Code of 1956, 1956 PA 218 and MCL 500.2236. Page 2 of 2 NB 0012 06 08 8401 Greenway Blvd. Suite 1100 I Middleton,WI 53562 I Phone: (608)410-3410 I Fax: (877)674-2663 I www.thesilverlining.com WEST BEND A MUTUAL INSURANCE COMPANY. Bond Number 0882222 Labor and Material Payment Bond KNOW ALL MEN BY THESE PRESENTS: That R. D. Woods Co., Inc. of 1301 E Waterford Ave, St Francis, WI 53235-4586 (Name and address of the Contractor) as Principal, hereinafter called Principal, and WEST BEND MUTUAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto Oshkosh Public Library of 106 Washington Ave , Oshkosh ,WI 54901-4933 (Name and address of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Fourteen Thousand Two Hundred Ninety Five Dollars Dollars($ 114,295.00 ) (Insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 09/03/2013 entered into a contract with Owner for Masonry Work in accordance with drawings and specifications prepared by NA (Name of Architect/Engineer) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the conditions outlined on the reverse side of this bond: Signed and Sealed this 3 day of September 20 13 Principal: R. . Woo.. o., Inc. By: ( :.w Witness: L � Z Na a Ty.ed: •'•• aid Gollwitzer , President (/ Title (SEAL) Sure : We :,ee'nd,,MMut = s rance Company B �l1 I Al __ (SEAL) Witness: 4 g� WI— - • , • 1_ .K, ! , Name Typ'.: AMY ATKINSON homey-Infact Title MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236. NB 0011 02 08 Page 1 of 2 8401 Greenway Blvd.Suite 1100 I Middleton,WI 53562 I Phone:(608)410-3410 I Fax:(877)674-2663 I www.thesilverlining.com • CONDITIONS b. After the expiration of one (1) year following the 1. A claimant is defined as one having a direct contract date on which Principal released work on said with the Principal or with a Subcontractor of the Prin Contract, it being understood, however, that if any • cipal for labor, material, or both, used or reasonably limitation embodied in this bond is prohibited by required for use in the performance of the Contract, any law controlling the construction hereof such labor and material being construed to include that limitation shall be deemed to be amended so as part of water, gas, power, light, heat, oil, gasoline, to be equal to the minimum period of limitation telephone service or rental of equipment directly ap- permitted by such law. plicable to the Contract. c. Other than in a state court of competent jurisdic- 2. The above named Principal and Surety hereby jointly tion in and for the county or other political subdi- and severally agree with the Owner that every claim- vision of the state in which the project, or any part ant as herein defined, who has not been paid in full thereof, is situated, or in the Untied States District before the expiration of a period of ninety (90) days Court for the district in which the project, or any after the date on which the last of such claimant's part thereof, is situated, and not elsewhere. work or labor was done or performed, materials were 4. The amount of this bond shall be reduced by and to furnished by such claimant may sue on this bond for the extent of any payment or payments made in good the use of such claimant, prosecute the suit to final faith hereunder, inclusive of the payment by Surety of judgement for such sum or sums as may be justly mechanics' liens which may be filed of record against due claimant, and have execution thereon. The said improvement, whether or not claim for the Owner shall not be liable for the payment of any amount of such lien be presented under and against costs or expenses of any such suit. this bond. 3. No suit or action shall be commenced hereunder by any claimant. a. Unless claimant, other than one having a direct contract with the Principal, shall have given writ- ten notice to any two of the following: The Princi- pal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or fur- nished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regu- larly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid pro- ject is located, save that such service need not be made by a public officer. Page 2 of 2 NB 0011 02 08 8401 Greenway Blvd.Suite 1100 I Middleton,WI 53562 I Phone:(608)410-3410 I Fax:(877)674-2663 I www.thesilverlining.com • WEST BEND 0882222 • A MUTUAL INSURANCE COMPANY° Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: AMY ATKINSON lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Six Million Dollars($6,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate;al to be hereto duly attested by its secretary thj 1st day arch, 2009. Attest 4ii,... _ Ja J. Pa F` Kevin A. Steiner Se tary I-A SEAL iC Chief Executive Officer/President State of Wisconsin County of Washington On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. .! _ --)�i�t.�^-F• D4AAJ•U_P *s NOTARY ':* : John well PUBUC Executive Vice President-Chief Legal Officer Notary Public,Washington Co.WI "'RP W1S° My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 3 day of September , 2013 SE.AL zit Dale J. Kent ' " Executive Vice President- Chief Financial Officer NOTICE:Any questions concerning this Power of Attorney may be directed to the Bond Manager at NSI,a division of West Bend Mutual Insurance Company 8401 Greenway Blvd. Suite 1100 I P.O. Box 620976 I Middleton, WI 53362 i ph (608) 410-3410 I www.thcsilverlining.com