Loading...
HomeMy WebLinkAboutNorthern Metal & Roofing Co • ORIGINAL CONTRACTOR AGREEMENT POLICE DEPARTMENT STORAGE BUILDING B ROOF REPLACEMENT THIS AGREEMENT, made on the 9th day of October, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and NORTHERN METAL & ROOFING COMPANY, INC., 320 PACKERLAND DRIVE, GREEN BAY, WI 54303, 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: (Justin Lemirande, Project Manager) 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) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated August 19, 2013, referred to as the "Project Manual City of Oshkosh 2013 Roof Replacement Police Storage Building B Roof Area 1, SEG Project No. 12714" and the Contractor's bid form. The 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 1 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 will be completed as per the bid specifications and addenda schedules with full completion no later than December 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 $31,350, 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 2 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 August 19, 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 ,s,aJ 3kvuLY6' (Seal of Contractor (Specify Title) if a Corporation.) 3 By: (Specify Title) CITY OF OSHKOSH By: ,,,4,— ,..-e,el--6-4 +t- V) — t-i- Ci, Mark A. Rohloff, City Manager ( ilness) /� v (11,0-7---) /Zd' ----2 ? C. 1 And: 1t (Witness) Pamela R. Ubrig, City Clerk 7 APPROVED: I hereby certify that the necess- ary provisions have been made to, $�' ,—.■ pay the liability which will accrue _ �N_i, l0.� , under this contract. ity A " ey U)-0.4..0 a 19-- ,‘./ City Comptroller 4 xNl'45/r,a SECTION 004100 BID FORM THE PROJECT AND THE PARTIES 1.01 TO: A. City of Oshkosh B. City Manager c/o City Clerk's Office-Room 104 C. 215 Church Avenue D. Oshkosh, Wisconsin 54903 E. 1.02 FOR(PROJECT): 12714 Police Storage B Roof Replacement 1.03 BID DUE DATE: TUESDAY,SEPTEMBER 24 AT 10:00A.M. 1.04 SUBMITTED BY: (BIDDER TO ENTER NAME AND ADDRESS) A. Bidder's Full Name Northern Metal & Roofing Co. , Inc. 1. Address 320 Packerland Drive 2. City, State, Zip Green Bay, WI 54303 3. Phone: (920) 432-7719 4. Fax: (920) 432-3707 5. Email: randy@nmrgb.com 1.05 BASE BID A. Roof Work on Roof Area 1 B. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by the Consultant for the above mentioned project,we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of: Thirty-one thousand three hundred fifty dollars. ($ 31,350.00 ), 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 included and State of Wisconsin taxes are excluded from the Bid Sum. 12714/CoO Police B 2013 004100- 1 BID FORM 1.06 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 October 14, 2013. 1.07 CONTRACT TIME A. Complete the Work by December 31, 2013. 1.08 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"wood decking - per square foot-$ 2.05/sf 1.09 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. o 0 %percent overhead and profit on the net cost of our own Work; 2 $ 78.00 Time (per man hour). 1.10 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 2. Addendum# Dated 1.11 BID FORM SUPPLEMENTS 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. 12714 1 CoO Police B 2013 004100-2 BID FORM 1.12 BID FORM SIGNATURE(S) A. The Corporate Seal of Northern Metal & Roofing Co. , Inc. (Bidder- print the full name of your firm) was hereunto affixed in the presence of: leuArjej (Authorized signing officer, Title) Randal Chris tianice President (Seal) (Authorized signing officer, Title) 1.13 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 12714/CoO Police B 2013 004100-3 BID FORM WEST BEND A MUTUAL INSURANCE COMPANY" Bond Number 2023636 Bid Bond KNOW ALL BY THESE PRESENTS, That We, Northern Metal and Roofing 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 City of Oshkosh 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 Citiy of Oshkosh-2013 Roof Replacement-Police Storage Building B 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 24 day of September 20 13 Principal: Northern Metal and Roofing Co.,Inc. I By: C�►- o�J' (SEAL) Ail"�, ' !ALA_ Name Typed: Richard Lemirande President Title Surety: West :e • Mutual Ins rance Company, B : . L„1 I C,-Ci�-�Z (SEAL) Witness: •i// i Name • Typed:Karen M Wochos Attorney-In-Fact Title Agency Name: HOMETOWN INS AGENCY OF SHAWANO Address: 1207 E GREEN BAY ST SHAWANO , WI 54166 Phone Number: (715)526-6390 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 WEST BEND 2023636 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: Karen M Wochos 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 arch, 2009. Attest f/i�a.., j . • _ ! ,f, , Ja J. Pa 4 c. F`! `. Kevin A. Steiner Se -tary SEAT. 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. * NOTARY * : John'F:Otwell '•:�`:. PUBUC ? Executive Vice President-Chief Legal Officer `��� .................: a*. Notary Public,Washington Co.WI 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 24 day of September , 2013 tRi6oRPoRArel C-1-4--)ex-1-- ;�:. SEAL Dale J. Kent ` Executive Vice President- ••• Chief Financial Officer NOTICE:Any questions concerning this Pc war 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.thesilvcrlining.com NMAR.01 OP ID:MC '4�° r' CERTIFICATE OF LIABILITY INSURANCE DATEIMWQOPfYYY) 09/25/13 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 pollcy(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 Ilse of such endorsement(s). PRODUCER HOMETOWN Ins.A OfShawano,lnc Phone:715-b26-6390 " E ----------........F ._.........-- .,.---- 1207 E.GREEN BA STREET Fax:715-124-3846 PHONNo.Exo, ,(AFC,Nolte P.O.BOX 473 E-MAIL _ SHAWANO,WI 54166-0473 ADDRESS: RON SCHULTZ INSURER(S)AFFORDING COVERAGE ,_.-• I NAICF - —.- INSURER A:West Bend Mutual Ins.Co. 115350 INSURED NorthemMetal&Roofing Co,lnc.&. INSURER B: RadissonPrtn P.0.Box 13037 INSURER c Green Bay,WI 543074037 DISURER D: - INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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 DV PAID CLAIMS. lass I ADDL sUBR — — ---- LTR TYPE Of INSURANCE INSR,WI/D. MACY NUMBER SIpNDDIYYYYI Ir {UDI(YYY)-...`_ URNS GENERAL LIABILITY EACH OCCURRENCE $ 1.000,000) A X COMMERCIAL GENERAL LIABIuIY X CPS0157922-23 07101/13 07/01/14 *:N rEcDiemel s 200,000 CLAIMS-MADE 1•x]OCCUR l MED EXP(Any one person) $ 10,000 ----- - PERSONAL a ADV INJURY $ 1,000,000 GENERAL AGGREGATE S _ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AUG 5 2,000,000 POLICY rill T 1 JPERO fl LOC S AUTOMENBLE UABI ITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) ...1-___._._�_.._-_—_ A !X ANY AO X CPS0167922-23 07/01/13 01/01/14 BODILY INJURY Per parson) $ .......... UT ALL OWNED I SCHEDULED — AUTOS AUTOS SONO'INJURY(Per accident) f HIRED AUTOS i NON-OWNED 1'NhhPERTY DAMAITr $ Par aaAdant) _ I lj S X I UMBRELLA LIAR X OCCUR I EACH OCCURRENCE S 10,000,000 A EXCESS UAB _ CLAIMS-MADE X CUS0116131.25 07/01/13 I 07/01/14 AGGREGATE I.$ 10,000,000 DED I RETENTION$ I I WORKERS COMPENSATION WC STATU- 0TH-I -- 'AND EMPLOYERS'UABR.ITY X Y 1 N .,=aRY L1MIT5 ER J _ A ANY PROPRICTCMIPARTNERRXECU1IVE WDS0116130-27 07/01/13 07/01/14 OFf:CEILVEMEER EXCLUDED? I I N/A E.L.EACH ACCIDENT S 100,000 (Mandatory In NH) E,L.DISEASE•EA EMPLOYEE E 100,000 If yea,desert.under _ DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT LS 500,000 A 'RENTED EQUIPMENT CPS0157922-23 07/01/13 07/01/14 RENTED EQ 300,000 1 DESCRIPTION OF OPERATIONS r LOCATIONS/VEHICLES(Attach ACORD tot,Additional Remarks Schedule,M mare spice is repldmd) 1Projsot #12714 Police Storage a, Oshkosh. City of Oshkosh, its officers, :council members, agents, employees or authorised volunteers are additional insureds. WB213 added for 30 day cancellation notice (other than nonpayment/ . CERTIFICATE HOLDER CANCELLATION CITYOFO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. City Clerk . 215 Church Ave AUTHORIZED ULTZENTATIVF� 1 Oshkosh,WI 54903 RON SCHULTZ of Ctn 1 1 0 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION AND/OR NONRENEWAL This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART Notice of Cancellation and/or Nonrenewal to other Person(s)or Organizations) SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S) CITY OP OSHKOSH r NOTICE OF CANCELLATION OTHER THAN NONPAYMENT NUMBER OF DAYS NOTICE 60 NOTICE OF CANCELLATION NONPAYMENT OF PREMIUM NUMBER OF DAYS NOTICE NOTICE OF NONRENEWAL NUMBER OF DAYS NOTICE Information required to complete this Schedule, if not shown above,will be shown in the Declarations. As indicated in the Schedule above, we will mail or deliver written Notice of Cancellation for a statutorily permitted reason and/or Notice of Nonrenewal to the person(s)or organization(s)shown. Unless a specified number of Days Notice is shown above, the Notice of Cancellation and/or Notice of Nonrenewal does not apply. • I West Bend Mutual Insurance Company West Bend,Wisconsin 53095 Contains material copyrighted by ISO with its permission WB 213 12 10 • ©ISO Properties, Inc., 2006 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTOR'S BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section 0)is amended 3. Except when required by written contract or to include as an additional insured any person or written agreement, the coverage provided to organization whom you are required to add as an the additional insured by this endorsement additional insured on this policy under a written does not apply to: contract or written agreement. a. "Bodily injury"or"property damage"occur- The written contract or written agreement must ring after. be: (1) All work on the project (other than 1. Currently in effect or becoming effective dur- service,maintenance or repairs) to be Ing the term of this policy;and performed by or on behalf of the addi- 2. Executed prior to the "bodily injury,'"property tional Insured at the site of the covered damage." "personal Injury and advertising In- operations has been completed;or lurk* (2) That portion of`your work"out of which the injury or damage arises has been B. The Insurance provided to the additional insured put to its intended use by any person or is limited tted as as follows: organization other than another con- 1, That person or organization is only an adds- tractor or subcontractor engaged in tional insured with respect to liability arising performing operations for a principal as out of: part of the same project. a. Your premises; b. "Bodily injury"or"property damage"arising b. "Your work"for that additional insured;or out of acts or omissions of the additional insured other than in connection with the c. Acts or omissions of the additional Insured general supervision of"your work." in connection with the general supervision of"your work." 4. The insurance provided to the additional in- sured does not apply to"bodily injury," "prop- additional The Limits u of Insure those applicable to the erty damage,"`personal injury and advertising additional insured are those agreement or in the injury"arising out of an architect's,engineer's, written contract or written agreement or in the Declarations for this policy,whichever is teas. or surveyo's rendering of or failure to render any professional services including; These Limits of Insurance are inclusive and failing to not In addition to the Limits of insurance a. The preparing, approving shown in the Declarations. prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions;and b. Supervisory, or inspection activities per- formed as part of any related architectural or engineering activities. WH 1482 06 06 West Bend Mutual Insurance Company Page 1 of 2 West Bend,Wisconsin 63096 C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - COMMERCIAL GENERAL LIABIUTY CONDI- TIONS Is amended with the addition of the fol- towing: 4. Other Insurance b. Excess insurance This insurance is excess over: Any other valid and collectible insurance available to the additional Insured whether primary, excess, contingent or on any other basis unless a written contract spe- cifically requires that this insurance be ei- ther primary or primary and noncontribut- ing. Where required by written contract, we will consider any other insurance maintained by the additional insured for Injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this insurance. When this Insurance is excess, as a con- dition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or suit to all other insurers that may provide coverage to the additional insured, whether on a contingent,excess or primary basis. Page 2 of 2 West Bend Mutual Insurance Company WB 1482 46 06 West Bend,Wisconsin 53095 CUSTOMER NO 0110039709 WEST BEND R 132 w r Oc.'d i.luru,I lmmancc o:mr. 791N)s.18th AVcmec WI i3II95 POLICY NUMBER: CPS 0157922 23 RENEWAL BUSINESS AUTO ADDITIONAL INTEREST BLANKET DESIGNATED INSURED (SEE EXT) PO BOX 13037 GREEN BAY, WI 54307 APPLIES TO ALL VEHICLES FORM CA2048 APPLIES ADDITIONAL INSURED INSURED: NORTHERN METAL & ROOFING, INC AND RADISSON PARTNERS, LLC PO BOX 13037 GREEN BAY, WI 54307 AGENCY: HOMETOWN INS AGENCY OF SHAWANO 48-441 POLICY PERIOD FROM: JULY 01, 2013 TO: JULY 01, 2014 ISSUED 07/02/13 ADDL INTEREST COPY CUSTOMER NO. 0110039709 r WEST BEND R 132 \C'sr F3ena 1--iurtr.,l h,.+umrc.-(ffl%)an V. 14(11)N.1kch r1..ni,c V:'.n iiC,J,\Vi 3303'i Commercial Lines Policy COMMERCIAL LINES POLICY POLICY NUMBER: CPS 0157922 23 RENEWAL INSURED NAME: NORTHERN METAL & ROOFING. INC NAME EXTENSION — ADDITIONAL INSURED: FORM CA204BZ APPLIES BLANKET DESIGNATED INSURED ANY PERSON OR ORGANIZATION WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED ON THIS POLICY UNDER A WRITTEN CONTRACT OR WRITTEN AGREEMENT. THE WRITTEN CONTRACT OR WRITTEN AGREEMENT MUST BE: 1. CURRENTLY IN EFFECT OR BECOMING EFFECTIVE DURING THE TERM OF THIS POLICY; AND 2. EXECUTED PRIOR TO THE "BODILY INJURY", "PROPERTY DAMAGE". PO BOX 13037 GREEN BAY, WI 54307 FORM NO. CAAI 0209 ISSUED 07/02/13 ADDL INTEREST COPY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office,inc., 1998 Page 1 of 1 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART In consideration of the premium charged, pars- (b) Intended to be excess of this insurance graph a. of 5.Other Insurance of Section IV — and non-contributory with this insurance Conditions is deleted and replaced by: as agreed under a written contract or 5. Other Insurance agreement made with such person or a. This insurance is excess over, and shall not organization in item(a)above. contribute with any of the other insurance, Such insurance as is described in items (1) and whether primary, excess, contingent or on any s)a above $l apply n excess of the Limits of In- other basis. This condition will not apply to ei- Coverage Part and we will not seek then: contribution or indemnity from such insurance for (1) Other insurance that Is specifically written damages this Coverage Part applies. as excess over this Coverage Part;or When this insurance Is excess, we will have no Z duty under Coverages A or B to defend the in- (2) Other insurance that is both: sured against any"suit"if any other insurer has a (a) Issued to a Named insured that is an duty to defend the insured against that"suit". If no additional insured under this Coverage other insurer defends,we will undertake to do so, Part as described in paragraph 3. of but we will be entitled to the insured's rights Section ti — Who Is An Insured;and against all those other insurers. West Bend Mutual Insurance Company West Bend,Wisconsin 53095 Contains material copyrighted by ISO,with its permission. WS 1787 06 10 ®insurance Services Office,Inc.,2009 Page i of 1 WEST BEND A MUTUAL INSURANCE COMPANY' Bond Number 2023636 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That Northern Metal and Roofing Co., Inc. of PO Box 13037,Green Bay,WI 54307 (Name and address of the Contractor) as Principal, hereinafter called Principal, and WEST BEND MUTUAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh of 215 Church Ave , Oshkosh WI , 54901-4747 (Name and address of the Owner) as Obligee, hereinafter called Owner, in the amount of Thirty One Thousand Five Hundred Dollars Dollars($ 31,500.00 ), 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 10/09/2013 entered into a contract with Owner for Citiy of Oshkosh-2013 Roof Replacement-Police Storage Building B in accordance with drawings and specifications prepared by Specialty Engineering Group,LLC (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 I 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 9 day of October 20 13 Principal: Northern Metal and Roofing Co.,Inc. By: I ,/-w. a- (SE+;_) Witness: ,ALA.J mi Name Typed: Richard A.Lemirande President Title Surety: West end Mutual Insurance Co pane By: ✓�IYRALL—rtiS44, (SEAL) Witness: Name Typed: Karen M Wochos _Attomey-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 2023636 Labor and Material Payment Bond KNOW ALL MEN BY THESE PRESENTS: That Northern Metal and Roofing Co., Inc. of PO Box 13037, Green Bay, WI 54307 (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 City of Oshkosh of 215 Church Ave , Oshkosh ,WI 54901-4747 (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 Thirty One Thousand Five Hundred Dollars Dollars($ 31,500.00 ), (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 10/09/2013 entered into a contract with Owner for Citiy of Oshkosh-2013 Roof Replacement-Police Storage Building B in accordance with drawings and specifications prepared by Specialty Engineering Group, LLC (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 9 day of October 20 13 Principal: Northern�Metal and Roofing Co., Inc. k-c,-�a,�-✓ By: G • � un�� (SEAL) Witness: At ,1 ! � _1 / Name Typed: Richard A. Lemirande , President Title Surety: West Bend Mutual Insurance Co pany By:,1 1/l, /d c (SEAL) Witness: � Name Typed: Karen M Wochos Mornay t,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. 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