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HomeMy WebLinkAboutWWTP Bar Screen Rail Replacement & Oshkosh CONTRACTOR AGREEMENT: WWTP BAR SCREEN RAIL REPLACEMENT CITY OF OSHKOSH THIS AGREEMENT,made on the 241h day of JANUARY,2017,by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PROCESS EQUIPMENT REPAIR SERVICES INC.,5991 DIVISION ROAD,WEST BEND,WI 53095,hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE 11. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (LaMont Albers,Technician/Owner) 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 Ill. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: I( f (Pete Gulbronson, Environmental Compliance Manager) E ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled dated December 21,2016,and the contractor's bid form and materials attached as Exhibit A.If anything in C the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. E 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 V. 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. i 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. I E ARTICLE VI. TIME OF COMPLETION j The work to be performed under this contract shall be completed by no later than December 31, 2017. i ARTICLE VII. PAYMENT 'i I A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$139,499.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. i 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 shall 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. 2 ARTICLE VIII. 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 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 IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. 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. 3 In the Presence of: CONT�k-TOR CON4STANT By: / a bE, (Seal of Contractor (Sp+fy Title)' if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: Mari A. Rohloff, City Manager (Wi -ess) And: _'Tess) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. i y Attorney City Comptroller 4 SECTION I BID DESCRIPTION UNIT EST. BID UNIT BID TOTAL PRICE ITEM QTY. PRICE 1 Furnish all Labor, Equipment,and Materials to disassemble and repair three (3) Infilco-Dergemont Climber influent bar screen rail systems; complete as specified in the Lump • � �� c c Scope of Services Sum 1 $A;q Y?9- .r GRAND TOTAL OF SECTION I (ITEM 1) $�� SIGNATURES Date: 7/�-/-7_ Name of ComP any: Submitted by: (name/title}�OAM#609 96'aWfEmail: /l,r_T 00166W Address of Company: ^ ! JL Or 53a2S Phone: /* f--- D 3 That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal;that I have full authors to mak such statements and submit this Proposal in (its) (their) behalf, and thal s aid State nts are true and correct. E` Signature Title EE I ' 24 i Named insured Endorsement Number Process Equipment Repair Services, Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24296064 005 07/01/2016 to 07/01/2017 07/01/2016 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations,or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you,wherein such request is made prior to commencement of operations, I (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ENV-3100(08-04) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 Named Insured Endorsement Number Process Equipment Repair Services, Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP 624296064 005 07/01/2016 to 07/01/2017 07/01/2016 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT-OWNERS,LESSEES OR CONTRACTORS (PRIMARY AND NON-CONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization; Any person or organization that is an owner of real property or personal property on which you are performing operations,or a contractor on whose behalf you are performing operations, and only at the specific written request of j such person or organization to you,wherein such request is made prior to commencement of operations. (if no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II-WHO IS AN INSURED is amended to include: A. SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization shown In the Schedule,but only with respect to liability arising out of your ongoing operations performed for that insured. E B. With respect to the insurance afforded to these additional insureds,the following exclusion is added: 2. Exclusions This insurance does not apply to bodily Injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The coverage provided hereunder shall be primary and not contributing with any other Insurance available to those designated above under any other third party liability policy. ENV-3101 (08-04) Includes copyrighted material of Insurance Services Office, Inc.with Its permission Page 1 of 1 PRIMARY AND NON-CONTRIBUTORY INSURANCE ENDORSEMENT Named Insured Endorsement Number Process Equipment Repair Services, Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24296064 005 07/01/2016 to 07/01/2017 07/01/2016 Issued 6y(Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NON-CONTRIBUTORY INSURANCE ENDORSEMENT This policy shall be considered primary and not contributing to any similar insurance held by third parties in respect to work performed for them by you under any written contractual agreement which requires that you provide pri- mary insurance. All other terms and conditions remain the same. ENV-3129(04-09) Copyright©2009 In Page 1 of 1 i ADDITIONAL INSURED ENDORSEMENT—PRODUCTS-COMPLETED OPERATIONS HAZARD Named Insured Endorsement Number Process Equipment Repair Services, Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24296064 005 07/01/2016 to 07/01/2017 07/01/2016 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL.GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART SCHEDULE Any person or organization that is an owner of real property or personal property on which you are performing operations,or a contractor on whose behalf you are performing operations,and only at the specific written request of such person or organization to you,wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work performed for that additional insured and included in the products-completed operations hazard. All other terms and conditions remain the same. ENV-3225(10-08) Copyright 0 2008C Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT—PRODUCTS-COMPLETED OPERATIONS HAZARD PRIMARY&NON-CONTRIBUTORY i Named Insured Endorsement Number Process Equipment Repair Services, Inc i Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24296064 005 07/01/2016 to 07/01/2017 07/01/2016 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. { THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: i COMMERCIAL.GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART SCHEDULE Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you,wherein such request is made prior to commencement of operations. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II—Who Is An Insured is amended to Include as an additional Insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your c work performed for that additional insured and Included in the products-completed operations hazard. i Furthermore, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. All other terms and conditions remain the same. ENV-3226(10-08) Copyright 0 2008[5il Page 1 of 1 Named Insured Endorsement Number Process Equipment Repair Services, Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24296064 005 0.7/01/2016 to 07/01/2017 07/0112016 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PROJECT(S)GENERAL AGGREGATE LIMIT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Proiects: Insured's work at Oshkosh Water Treatment Facility (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A(SECTION I), and for all medical expenses caused by accidents under COVERAGE C(SECTION I ), which can be attributed only to ongoing operations at a single designated project shown in the Schedule above: 1, A separate Designated Project General Aggregate Limit applies to each designated project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of bodily Injury or property damage included in the products completed operations hazard, and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or sults brought; or C. Persons or organizations making claims or bringing suits, 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Project General Aggregate Limit for that designated project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Aggregate Limit. ENV-7103(09-04) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 2 f B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A(SECTION I ),and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to ongoing operations at a single designated ! project shown in the Schedule above: i 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable; and 2. Such payments shall not reduce any Designated Project General Aggregate Limit. C. When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily Injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Designated Project General Aggregate Limit. D. If the applicable designated project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same project. E. The provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. ENV-7103(09-04) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 2 of 2 WEST BEND A MUTUAL INSURANCE COMPANY- Bond Number 2338268 Bid Bond KNOW ALL BY THESE PRESENTS, That We, Process Equipment Repair Services, 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 Wastewater Treatment Plant(WWTP)Bar Screen Rail Replacement 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 January 20 17 Principal: Process E i meet RepaihnServices, Inc. By: (SEAL) Witness: Name Typed: LAAbPr ALICziM_C . ;1VOW Title i Surety: West Wd Mutual Insuranc�Company (SEAL) Witness: Name Typed: KATHRYN A WEIDNER Attorney-In-Fact Title Agency Name: R&R INSURANCE SERVICES INC Address: N80 W14824 APPLETON AVE MENOMONEE FALLS,WI 53052 Phone Number: (262)255-5100 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 1 Middleton,WI 53562 1 Phone:(608)410-3410 1 Fax: (877)674-2663 1 www.wbmi.com WEST BEND 2338268 A MUTUAL lNSURANGE GOMPANY° 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: KATHRYN A WEIDNER lawful Attorneys)-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: Seven Million Five Hundred Thousand Dollars($7,500,000) 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 21 st 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' 1 st day arch, 2009. Attest ..iNs. ••' Ja�ejJ. Pa ?u��`G°RP°rt�TF,o' Kevin A. Steiner Seary :�-;9 SEAL Chief Executive Officer/President State of Wisconsin GroN.,.: County of Washington On the 1 st 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 well .�. PUBLIC Z€ Executive Vice President-Chief Legal Officer Notary Public,Washington Co.WI W% G 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 January 2017 �(jp,L INS(i RPO FAL — :mi :�:SFAT. �° Dale J. Kent `,tio�Noo `��'r 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 Grccnway Blvd. Suite 1100 1 Y.O. Box 620976 1 Middleton, WI 53562 1 ph (608) 410-3410 1 www-thesilverlining.con) WEST BEND A MUTUAL INSURANCE COMPANY' Bond Number 2338268 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That Process Equipment Repair Services, Inc. of 5991 Division Rd,West Bend,WI 53095-9158 (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 wl 54901-4747 (Name and address of the Owner) as Obligee, hereinafter called Owner, in the amount of One Hundred Thirty Nine Thousand Four Hundred Ninety Nine Dollars Dollars($ 139,499.00 ) 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 01/24/2017 entered into a contract with Owner for Wastewater Treatment Plant(WWTP)Bar Screen Rail Replacement in accordance with drawings and specifications prepared by (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 1 Middleton,WI 53562 1 Phone:(608)410-3410 1 Fax:(877)674-2663 1 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 24 day of January 20 17 Principal: / Process Equip en pair Serv' e ,Inc. t ! / By: (SEAL) Witness: '. '� '� Name T ed: LA 0 fi;i � � Title Surety: West B nd Mutual Insurance Company/ (SEAL) Witness: Name Typed: KATHRYN A WEIDNER 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 1 Middleton,WI 53562 1 Phone:(608)410-3410 1 Fax:(877)674-2663 1 www.thesilverlining.com E ENO 2338268 A MUTUAL IIV5lIRptJ�B CO'MPANY� 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: KATHRYN A WEIDNER 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: Seven Million Five Hundred Thousand Dollars($7,500,000) 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 21 st 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 7, al to be hereto duly attested by its secretary th' 1 st day arch, 2009. Attest ` :-GORPOPA'r�% J �jeJ. Pa ;+ ; F''; Kevin A.Steiner Seary :►- � SEAL Chief Executive Officer I President , ; State of Wisconsin `••• cP•:'`' County of Washington On the 1 st 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. N,F�.. ` :IS �; *i Si NOTARY * John . well Pusuc :`zi Executive Vice President-Chief Legal Officer s9� ............I.......... Notary Public,Washington Co.WI �Fyy18�'•' My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual,lnsurance 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 January J10117 RP . 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 110() 1 P.O. Box 620976 1 Middleton,WI 53562 1 ph (608) 410-3410 1 www.thesiivarfining.com WEST BEND A MUTUAL INSURANCE COMPANY' Bond Number 2338268 Labor and Material Payment Bond KNOW ALL MEN BY THESE PRESENTS: That Process Equipment Repair Services, Inc. of 5991 Division Rd, West Bend, WI 53095-9158 (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 One Hundred Thirty Nine Thousand Four Hundred Ninety Nine Dollars Dollars($ 139,499.00 ) (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 01/24/2017 entered into a contract with Owner for Wastewater Treatment Plant(WWTP)Bar Screen Rail Replacement in accordance with drawings and specifications prepared by (Name of Arch itect/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 24 day of January 20 17 Principal: Process ui ment epa' Services, Inc. /7 By: F (SEAL) Witness: rG . - — Name ed: ani t6? y Title S u rety: West B n0 Mutual Insurance B � ompany SEAL) s a. <�/ Witness: { ® ' Name yped: KATEIDNER Attomey-In-Fact P 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 1 Middleton,WI 53562 1 Phone:(608)410-3410 1 Fax:(877)674-2663 1 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 United 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 1 Middleton,WI 53562 1 Phone:(608)410-3410 1 Fax:(877)674-2663 1 www.wbmi.com !t"EEND 2338268 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: KATHRYN A WEIDNER 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: Seven Million Five Hundred Thousand Dollars($7,500,000) 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 alto be hereto duly attested by its secretary th' 1st day arch, 2009. Attestji !...., Ja aJ. Pa :, RP0 '. Kevin A.Steiner Se tart' SEAL ° Chief Executive Officer I President State of Wisconsincf?:'` t: County of Washington On the 1 st 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. D[%..... �O *i NOTARY `,* John , well '•; PUBLIC J z Executive Vice President-Chief Legal Officer g ..... 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,lnsurance 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 January , 2017 RPO !� SEAL Dale J. Kent Executive Vice President- ; �, Chief Financial I 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 1 Middleton,WI 53562 1 ph (608) 410-3410 1 www.thw4Iverlintng.c8m