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Marianne's Roofing Parks Roof Replacement Package
CONTRACTOR AGREEMENT:0�� PARKS ROOF REPLACEMENT PACKAGE CITY OF OSHKOSH THIS AGREEMENT, made on the 271h day of September, 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MARIANNE'S ROOFING CO, LLC, 279 FOREST AVENUE, FOND DU LAC, WI 54935, 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 1. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Doug Krueger, Estimator/General 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 G. Urben, General Services Manager) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled "Project Manual, City of Oshkosh Park Shelters 2016, Oshkosh, WI SEG Project No. 13693" dated March 29, 2016, and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. 1 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 completed by no later than December 31, 2016. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $46,990.00, 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 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. ARTICLE IV. 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) 2 days of the date of the City's written demand for indemnification or refund. ARTICLE V. 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 VI. 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: (Seal of Contractor if a Corporation.) APPROVED: ,i • CONTRACTOR /CONSULTANT B i� '- n'cu" n e EW f oT� c� 1� ►�1 C (Specify Title) (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager And: Pamela R. Ubrig, City Clerk I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. Acaci J"'',cv—\ City Comptroller 4 SECTION 004100 BID FORM THE PROJECT AND THE PARTIES 1.01 TO: City of Oshkosh City Manager c/o City Clerk's Office - Room 108 215 Church Avenue Oshkosh, Wisconsin 54903 1.02 FOR (PROJECT): 13693 CITY OF OSHKOSH PARK SHELTERS ROOF REPLACEMENT 2016 1.03 BID DUE DATE: THURSDAY, AUGUST 11, 2016, AT 10:OOA.M. 1.04 SUBMITTED BY: (BIDDER TO ENTER NAME AND ADDRESS) A. Bidder's Full Name: Marianne's Roofing Co Ilc, DBA W.J.Woodruff Roofing Contractors 1. Address: 279 Forest Ave 2. City, State, Zip: Fond du Lac, WI 3. Phone: 920-922-3110 4. Fax: 866-594-9209 5. Email: douglas@woodruffroofing.com 1.05 BASE BID A. Roof Work on Various Park Shelters 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: Fourty One Thousand Three Hundred and Twenty Five dollars. ($41,325.00), in lawful money of the United States of America. C. We have included the required security deposit as required by the Instruction to Bidders. D. All applicable federal taxes are excluded and State of Wisconsin taxes are excluded in the Bid Sum. 13693 / CoO Park Shelters 2016 004100-1 BID FORM 1.06 ALTERNATES A. The following amounts shall be added to or deducted from the Bid Amount. Refer to Section 012300 —Alternates: Schedule of Alternates. B. Alternate #1 (Install shingle overlay on Reetz Concessions Building in Menomonee Park): (ADD) (DEDUCT) $ Five Thousand Six Hundred and Sixty Five dollars ($5,665.00), in lawful money of the United States of America. 1.07 ACCEPTANCE A. This offer shall be open to acceptance and is irrevocable for thirty-five (35) days from the bid closing date. B. If this bid is accepted by Owner within the time period stated above, we will: 1. Commence work on or after contract award. 1.08 CONTRACT TIME A. Complete the Work by Friday, November 11, 2016. 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. 5% percent overhead and profit on the net cost of our own Work; 2. $75.00 Roofing Foreman Time (per man hour). 3. $70.00 Roofing Journeyman Time (per man hour). 4. $65.00 Roofing Apprentice Time (per man hour). 5. $85.00 Sheet Metal Foreman Time (per man hour). 6. $75.00 Sheet Metal Journeyman Time (per man hour). 7. $70.00 Sheet Metal Apprentice 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 # 1 Dated 5/2/2016. 2. Addendum # Notice Dated 5/14&5/21/16. 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: 13693 / CoO Park Shelters 2016 004100-2 BID FORM Document 004336 - Subcontractors: Include the names of all Subcontractors and the portions of the Work they will perform. Please see attached, MUZA Sheet Metal Co. (Sheet Metal and Trim) 1.12 BID FORM SIGNATURE(S) The Corporate Seal of MARIANNE'S ROOFING COMPANY LLC, DBA W.J.WOODRUFF ROOFING CONTRACTORS (Bidder - print the full name of your firm) was hereunto affixed in the presence of: Estimator/General Manager (Authorized Sig ng officer, Title) (Seal) Owner (Authorized signing officer, Tit 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 13693 / CoO Park Shelters 2016 004100-3 BID FORM SECTION 004336 PROPOSED SUBCONTRACTORS FORM PARTICULARS 1.01 HEREWITH IS THE LIST OF SUBCONTRACTORS REFERENCED IN THE BID SUBMITTED BY: 1.02 (BIDDER) Marianne's Roofing Co Ilc, DBA W.J. Wood ruffroofi n g Contractors 1.03 TO (OWNER) CITY OF OSHKOSH 1.04 DATED: 8111/16 AND WHICH IS AN INTEGRAL PART OF THE BID FORM. 1.05 THE FOLLOWING WORK WILL BE PERFORMED (OR PROVIDED) BY SUBCONTRACTORS AND COORDINATED BY US: LIST OF SUBCONTRACTORS 2.01 WORK SUBJECT Sheet Metal and Trim SUBCONTRACTOR NAME MUZA Sheet Metal ADDRESS: 51 West Fernau Ave. Oshkosh, WI 54901 PHONE: 920-235-4960 FAX: 920-235-1410 2.02 WORK SUBJECT..................................SUBCONTRACTOR NAM ADDRESS PHONE F END OF PROPOSED SUBCONTRACTORS FORM 13693 / CoO Park Shelters 2016 004336-1 PROPOSED SUBCONTRACTORS FORM Bond No, BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Marianne's Roofing Company, LLC; DBA WJ Woodruff Contractors 279 Forest Avenue Fond du Lac, WI 54935 as Principal hereinafter called the Principal, and old Republic Surety Company a corporation duly organized under the laws of the state of Wisconsin as Surety, hereinafter called the Surety, are held and firmly bound unto City of Oshkosh, 215 Church Avenue, Oshkosh, WI 54903-1130 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the bid amount Dollars ($), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City of Oshkosh Park Shelters 2016 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 5th day of May , 2016 Ass Marianne's Roofing Company LLC; DBA WJ Woodruff Contractors Princi al (Seal) By: Name/Title Old Republic Surety Company Surety By:b �( my Sue Shaver .... ° Attorney -in -Fact and to bind OLD REPUBLIC SURETY- COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratifiedand confirmed. This document is not valid unless printedon'colored background and is multi -colored. This appointment is made ander and by authority of the board of directors at a special meeting held on February 18,.1982. This Power of Attorney is signed and sealed by facsimile. under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in confunctttin with the secretary or any assistant secretary, may appoint attorneys in -fact or agents with authority as defined or limited in the iristhunent evidencuzg the appointment in each case, far and on behalf of the company to execute er and delivand affix the seal of the company to bonds, undertakings, recogmzanees and suretyship obligations of all kinds; and Psaid officers may remove ... any such attorney-in-fact or agent and revoke any Power of Attomey previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation s.h,9I:be valid andbinding upon the Company (i) when Signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary;;;or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary'; and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits ofthe authority evidenced by the Power of Attomey issued by the company to such person or persons N RESOLVED FURTHER, that the signature of any authorized officer and?the seal of the company maybe affixed by facsimile to any Power rf Attgriyr certifibatton thereof authorizing the;execution'and::defivery of any bond; undertaking, recbgiiizance, orother<sui ety'ship obligations of Uieccimpany;"8nd:sfiCh signature and seal when so used shall have the same force and effect as though manually affixed. A� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/11/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCERCONTACT HNI Risk Services of Wisconsin [NACMEONo Ext : 262-782-3940 FAX PO Box 510187 ___ _.. (A/c, No): 262-782-4198 New Berlin WI 53151 I INSURER(S) AFFORDING COVERAGE I NAIC # I INSURER A: Continental Casualty Co. INSURED Marianne's Roofing Company LLC INSURER 8: Valle Fore Insurance Company -CNA DBA WJ Woodruff Roofing Contractors INSURER C: INSURER D : 279 Forest Avenue INSURER E: Fond du Lac WI 54935 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 11'11) IJ IU UtKI It -Y IHAI IHE PULICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER EFF MMD IDY/YYYY EXP MM DDY/YYYY LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 4015487503 08/01 /2016 08/01 /2017 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 15,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 L AGGREGATE LIMIT APPLIES PER: MPOLICYX PRO- JECT LOC PRODUCTS - COMP/OP AGG $2000 000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 6022907429 08/01/2016 8/01/2017 (Ea accident) $ 1.000.000 person) $ BO;acciden;t)- BOaccident) $ HIRED AUTOS NON -OWNED AUTOS (Per $ A UMBRELLA LIAB I X OCCUR 6022889112 08/01/201 08/01/2017 EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 5,000,000 DED I X I RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? ❑ N/A 6022896223 08/01 /201608/01 /2017 WTATU- TH- X TORY LIMITS ER E.L. EACH ACCIDENT $ Soo 000 E.L. DISEASE- EA EMPLOYE $ 500,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ 500,000 DESCRIPTION OF ORPRATIONq h,l B Business Personal Propert 4015487503 08/01/201 08/01/2017 $691,931 Deductible $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Oshkosh is included as additional insured on General Liability with respect to liability resulting from work performed by the named insured. CERTIFICATE HOLDER rANCF1 I ATlnru City of Oshkosh 215 Church Ave Oshkosh WI 54903 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND # HUIC00526 KNOW ALL MEN BY THESE PRESENTS, that we PIONEER ROOFING, LLC 151 Maple Street P O Box 277 Johnson Creek, WI 53038 as Principal, hereinafter called the Principal, and Hudson Insurance Company 100 William Street New York, NY 10038 a corporation duly organized under the laws of the State of DE as Surety, hereinafter called the Surety, are held and firmly bound unto City Of Oshkosh 215 Church Avenue Oshkosh, W154903 (Hen: insert frill name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount ( $ 5.00% of attached bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2016 City of Oshkosh Park Shelters Roof Replacement (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this August 10, 2016 Jiness L Witness PIONEER R OFI LLC (Pri a]) (Sea]) AM _ Title Bu - on Insurance Company �� Ti le: Kathryn A. Weidner, ATTORNEY-IN-FACT AIA DOCUMENT A310 BID BOND AIA M FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution, ..o&, '%r - HUDSOR fl�11) BONDTOWEXOP AWOMP Wi Y-brkNei! 'YodrjM& Jiffy -A: Tai 100c,.Istli tywA Wddner J durt,Ii tit: eta rao 0 A" in the miii� .4 1 .00 , " � o A. W� F*4-AVI %TFJAT the -*so ut ON suwsnd 00M.9 mowgi-41Y adolit0a 6Y UtWAiiMW4kiIhW'C0rk=i:Otft i dw Boy rd aPi3irecliira: oumodl or, rbifterVid it0of jKca, comp�,'oq . itq.YSWAOI 1 q . 9 THAT n,d.,jof Orr y Aim—ftwof or-Aitomwis SIM in full torev. raid eMetanathis.1,61 bmn i�a %fwdX�Wwrl�'VISC.tli R6bJQtW6,.6 ft, ': . I Or xi -toyer in.forFe. -W'iinoss*iclh&Aofil�Mifsipej&6d'thc"-6f3-a'idCompahy this &±44y,)6r 20 4% ` rrt.y !oil iki ikk r 'MY Bond No. I: 5 I:OW,D The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Marianne's Roofing Company, LLC; DBA WJ Woodruff Contractors 279 Forest Avenue Fond du Lac, Wl 54935 as Principal hereinafter called the Principal, and Old Republic Surety Company a corporation duly organized under the laws of the state of Wisconsin as Surety, hereinafter called the Surety, are held and firmly bound unto City of Oshkosh, 215 Church Avenue, Oshkosh, WI 54903-1130 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the bid amount Dollars ($-------------------- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City of Oshkosh Park Shelters 2016 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 5th in ss day of May , 2016 Marianne's Roofing Company, LLC; DBA WJ Woodruff Contractors Princi al (Seal) By: Name/Title Old Republic Surety Company,..,, pEPU N Surety tD m By: my Sue Shaver '""••••,,,,,,^„";jd;�°'° Attorney-in-Fact OLD REPUBLIC SURETY ** **- * COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: JAMES NATALIZIO, BARBARA J. DVORAK, DENISE M. BANKS, FRANCES G. CLAWSON, CAROL J PRAZMA, AMY SUE SHAVER, OF NEW BERLIN, WI its true and lawful Attorney(s)-in-Fact, with tull power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED FIVE MILLION DOLLARS($5,000,000)------------------------- FOR ANY SINGLE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printedon colored background and is multi -colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to he signed by its proper officer, and its corporate seal to be affixed this 15TH day of APRIL, 2016. OLD REPUBLIC SURETY COMPANY J� t �011fOM14�R. �p i' SEAL STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS '.., President On this 15TH day of APRIL, 2016 , personally came before me, Alan Pavlic and Jane E Cherney , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. V//� 'µi6Sa�isc 1 r � x Notary Public My commission expires: 9/28/2018 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the boa�dit set forth inte Power of Attorney, are now in force.24-1597Signed and sealed at the City of Brookfield, WI thiy offfl111qv "`vvv SEAL A35+stati HNI RISK SERVICES LLC CONTRACTOR (Name and Address): Marianne's Roofing Company, LLC DBA WJ Woodruff Contractors 279 Forest Avenue Fond du Lac, WI 54935 OWNER (Name and Address): City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 CONSTRUCTION CONTRACT Date: 08/26/2016 Bond # 1156354 PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount: $47,000.00 Description (Name and Location): City of Oshkosh, 2016 Parks & Shelters Roof Replacement BOND Date (Not earlier than Construction Contract Date): 09/27/2016 Amount: $47,000.00 Modifications to this Bond: 0 None ❑ See Page 2 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Marianne's Roofing Company, LLC DBA WJ Woodruff Contractors Signature- Name and Title: �q 1`GVYIr� 1rLt�G� /�4Jhe✓ SURETY (Name and Principal Place of Business): Old Republic Surety Company 400 N. Executive Drive, Suite 306, Brookfield, WI 53005 SURETY „ Company: " ` q °" SEAL al o ( ,I ) Old Republic Surety Company =o• _ Signature: 3Aa:��� Name and Title: Amy Sue S ver / Attorney - in - Fact (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY—Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: HNI Risk Services, Inc. 16805 W. Cleveland Ave., party): New Berlin, WI 53151 262/782-3940 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. ORIC 22114 (7-93) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: — Name and Title: Address: SURETY Old Republic Surety Company (Corporate Seal) Company: p y p y Signature: _ Name and Title: Address: Page 2 of 2 (Corporate Seal) CONTRACTOR (Name and Address): Marianne's Roofing Company, LLC DBA WJ Woodruff Contractors 279 Forest Avenue Fond du Lac, WI 54935 CONSTRUCTION CONTRACT Date: 08/26/2016 Amount: $47,000.00 Description (Name and Location): City of Oshkosh, 2016 Parks & Shelters Roof Replacement BOND Date (Not earlier than Construction Contract Date): 09/08/2016 Amount: $47,000.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Marianne's Roofing Company, LLC DBA WJ Woodruff Contr Signature: �nwwk Name and Title: W rttt..i'tn K r "cciPN O vz�hhe/ (Any additional signatures appear on page 2.) (FOR INFORMATION Only- Name, Address and Telephone) AGENT or BROKER: Agent 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to par- ticipate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default/ the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is con- sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and Bond #1156354 PERFORMANCE BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. OWNER (Name and Address): City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 SURETY (Name and Principal Place of Business): Old Republic Surety Company 400 N. Executive Drive, Suite 306 Brookfield, WI 53005 ® None ❑ See Page 2 `,.SJ.... SURETY Company: 6` S ol eal) Old Republic Surety Company Signature: ft&V_-CA- Name and Title: Amy Sue Sha r/ Attorney - in - Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): - Please Select From Below - 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or oRSC 22119 (10-93) Page 1 of 2 4.4 Waive its right to perform and complete, arrange for completion, Or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract; 6.2 Additional legal design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are speci- fied in the Construction Contract. actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY Company: Company: Old Republic Surety Company Address: Address: Name and Title: Name and Title: Signature: Si nature: — (Corporate Seal) 9 ORSC 22119 (10-93) Page 2 of 2 * OLD REPUBLIC SURETY COMPANY *** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: JAMES NATALIZIO, BARBARA J. DVORAK, DENISE M. BANKS, FRANCES G. CLAWSON, CAROL J PRAZMA, AMY SUE SHAVER, OF NEW BERLIN, WI its true and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED FIVE MILLION DOLLARS($5,000,000)------------------------- FOR ANY SINGLE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printedon colored background and is multi -colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 15TH day of APRIL, 2016. OLD REPUBLIC SURETY COMPANY 4P4/tCi .. _. Z<.•.�— _._. ., r.m. w.r_. `5 SEAL i r A4�a5fN51 St*G t J�A _. STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS ' . President On this 15TH day of APRIL, 2016 , personally came before me, Alan Pavlic and Jane E Uhemey , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. - , 01A# V1 . Notary Pubk My commission expires: 9/28/2018 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 24-1597 u� Signed and sealed at the City of Brookfield, WI thiP day of �4 cPsno+i4ry P� . g SEAL , 3 2� HNI RISK SERVICES LLC