HomeMy WebLinkAboutWest Bend Bond No. 2346001 WEST BEND
A MUTUAL INSURANCE COMPANY'
Bond Number 2346001
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 WI 54901-4747
(Name and address of the Owner)
as Obligee, hereinafter called Owner, in the amount of
Eighty Two Thousand Five Hundred Dollars Dollars($ 82,500.00 )
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 05/19/2017 entered into a contract with Owner
for Grit Classifier Rehabilitation Wastewater Treatment Plant
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.
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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 30 day of May 20 17
Principal• --
Process ui ment Ipair S i es,Inc.
By: 1r (SEAL)
Witness: N4e,
Typed: ✓19 o/yr EWA
Title
Surety:
W=estend utual Insurance Company
,r
(SEAL)
Witness: Name Typed:KATFfRYN 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.
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8401 Greenway Blvd.Suite 1100 ( Middleton,WI 53562 ( Phone: (608)410-3410 Fax: (877)674-2663 www.thesilverlining.com
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WEBT BEND 2346001
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:
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 al to be hereto duly attested by its secretary th' 1st day arch, 2009.
............
Attest '���
4.
�'GORPORATF--:�'
JanQe J. Pa € c`: Kevin A. Steiner
�:
Secary 'SL Chief Executive Officer/President
State of WisconsinN.:
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 ,?` Executive Vice President-Chief Legal Officer
0?y` 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 30 day of May 2017
INS(j
F :,GORPORATFt n
SEAT, Dale J. Kent
N:T
`p oo '� Executive Vice President-
oN...' 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 Grccnwav Blvd. Suitc I Inn 1 V.O. Boy 620976 1 Middleton,W1 53562 1 ph (61)8) 410-3411) 1 www.thcsilx,crlining.com
WEST BEND
AMUTUAL INSURANCE COMPANY'
Bond Number 2346001
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
Eighty Two Thousand Five Hundred Dollars Dollars ($ 82,500.00 )
(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 05/19/2017 entered into a contract with Owner
for Grit Classifier Rehabilitation Wastewater Treatment Plant
in accordance with drawings and specifications prepared by
(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 30 day of May 20 17
Principal:
Process Equipment Repair Services, Inc.
By: (SEAL)
Witness: Name Typed:
Title
_ Surety:
West BerA Mutual Insurance C mpany
EAL)
Witness: Name Typed: KATHRYN A WEIDNER Attorney-In-Fact
LIZ 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.
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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
WEST BEND 2346001
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:
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 al to be hereto duly attested by its secretary th• 1st day arch, 2009.
Attest ......NSU, ti
Ja e J. Pa i =CORPORA 00'. Kevin A.Steiner
:m: :�,
Se tary N� SFAT" �='v Chief Executive Officer/President
State of Wisconsin
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 F-.iJpwell
PUBLIC Co. Executive Vice President-Chief Legal Officer
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 30 day of May 2017
�J��jP►-I.......,
Q::
•CORPORATE o:.
_y SEAT, hl� 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. �UIIC 1 100 1 1'.O. Box 620976 1 Middleton,WI 53 56 2 .I ph (609)411)-3411) 1 www.thcsiIvcrlining.com