HomeMy WebLinkAboutEngebos Heating & Cooling bus/electric sign shop HVAC 2019 ORIGINAL
3Liscp
Chi
Oshkosh
CONTRACTOR AGREEMENT:
BUS/ELECTRIC SIGN SHOP HVAC IMPROVEMENTS
CITY OF OSHKOSH
THIS AGREEMENT, made on the 27th day of February, 2019, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and ENGEBOS HEATING &
COOLING, 1717 W. MATTHEW DRIVE, DEPERE, WI 54115, 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 CON 1'KACT
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. This Instrument
2. Proposal Solicitation
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 II. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(Andrew Geurts, Estimator/Project Manager)
B. Changes in Project Manager. The City shall have the right to approve or disapprove of any
proposed change from the individual named above as Project Manager.The City shall be provided with
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
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 III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Jon Urben, General Services Manager)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the project titled"INVITATION FOR BIDS
FOR BUS/ELECTRIC SIGN SHOP HVAC IMPROVEMENTS" dated December 29, 2018, 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.
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.
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 VI. TIME OF COMPLETION
The work to be performed under this contract shall be completed by no later than June 15, 2019.
Any changes to this completion date must be agreed upon by both parties in writing.
ARTICLE WI. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$232,995.00 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 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 ad-
judged 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.
In the Presence of: CONTRACTOR
C7/QM
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By: a--sj� = 6�/L!/
Mark A. ohloff,City Manager
(IV s)
And:
(Wit ess) • ity Cl
Ihn ck I of ace/ btiaLti
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
ity rney
JIPASYn
City Comptroller
BUS/ELECTRIC SIGN SHOP HVAC IMPROVEMENTS
CITY OF OSHKOSH
BID PROPOSAL FORM
Page 1 of 2 /
From: 1/V [i}Ti4F5O5 � 'i14 fk CD 0 L//1/ (bidder's company name)
BID PROPOSAL DEADLINE: FEBRUARY 5,2019 0 10:00 A.M.
Date: r9/5
Addenda: Receipt of Addenda numbered I of I are hereby understood,
acknowledged and included in bidder's bid proposal form. If no addenda were issued
for this project please write "N/A" above.
In compliance with the advertising for Bids and having carefully examined the drawings
and specification for the Work and the Site of the proposed work and having determined
all of the conditions of the work,the rules,regulations,laws,codes,ordinances,and other
governing circumstances relating to this project, the undersigned proposes to furnish all
Labor,Materials and Equipment necessary to complete the construction indicated on the
drawings and described in the project manual to include all described work completed to
the Owners' satisfaction. By Submission of this Bid,each Bidder certifies, and in the case
of a joint Bid,each party thereto certifies as to its own organization,that this Bid has been
arrived at independently without consultation, communication, or agreement as to a
matter relating to this Bid and with any other Bidder or with any competitor. We, the
undersigned, propose to furnish all labor and materials per the project specifications or
noted deviations for the following amount(s):
TOTAL BASE BID: This project will replace the hvac equipment; exhaust equipment,
ductwork for the Electric/Sign shop. Next the existing pneumatic controls for the hvac
system will be converted to electric DDC. In this remodel,the administration bathrooms
will have the exhaust fan replaced with new, the wall heaters are to remain but their
controls are to be updated to electronic DDC. In the bus wash area,the MUA and the roof
exhaust fan will be replaced with new. Lastly,the two existing compressed air system for
the sign shop and the Mechanic shop are to be replaced with new systems incorporating
air dryer and air filter systems. G�TOTAL BASE BID: $ d 3 2/ ` 9.C, DO
Iwo Ilan t,QFA Ti�ovcAND Ai/A/c-Aiwa/ea 'own A - 6e7
(Base Bid Price—in Words)
27
BUS/ELECTRIC SIGN SHOP HVAC IMPROVEMENTS
CITY OF OSHKOSH
BID PROPOSAL FORM
Page 2 of 2
Warranty Details: / y� /JL#}T Elcili iatX7 1O//
SIGNATURES
Date: o2/5"// Name of Company: EAk;-Mo s /1t/1' /4)e v Cj2Z 14
Submitted by: (name/title) 4it/64t / 6t/1id 75. Email: tx j2uI/se° elebe5h ki,C�2�
Address of Company: I-7/7 J. /►11 fr/}E v 14, bE( flt' Phone: 9a28-/t 3"3y/
Company Representative that will be named Project Manager for this project, if awarded
the bid:
,f4/D/f Fvv1 Uzi 5 c Sif iPr►
Name / Title
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 authority to make such statements and submit this Proposal in(its)(their)behalf,
and that said statements are true and correct.
Signature Title rsr/t
28
Bid Date: 2/5/2019
THE AMERICAN INSTITUTE OF ARCHITECTS
A/A Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
Engebos Heating and Cooling, 1717 W Matthew Drive, De Pere, WI 54115
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and RLI Insurance Company
(Here insert full name and address or legal title of Surety)
P.O. Box 3967 Peoria. IL 61612
a corporation duly organized under the laws of the State of Illinois
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Oshkosh, 215 Church Avenue, Oshkosh, WI 54901
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of
5% of bid
Dollars ( S11,560 ), 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
(Here insert full name and address and description of project)
Oshkosh Go Transit Building, 926 Dempsety Trail, Oshkosh, WI 54902
Project Name: Bus/Electric Sign Shop HVAC Improvements
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 contact 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 February , 2019
Engebos Heating and Cooling, 1717 W Matthew Drive, De
Pere, WI 54115
P (Seal)
•.�SVRANCF'°
C�.
.GplrPOgq jA�?�4
RLI Insurance Company' SE ▪y<'
(Surety) AL
Jt" :% •v„,<<pl N 0 terra▪ c
narxn
Tara Schumacher Attorney ir,r.
AIA DOCUMENT A310.BID BOND•AIAR• FEBRUARY 1970 ED•THE AMERICAN 1
INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006
®Printed on Recycled Paper C0037809-50,0
9/93
R LI chic POWER OF ATTORNEY
an RU Company RLI Insurance Company
9025 N.Lindbergh Dr.I Peoria,IL 61615 Contractors Bonding and Insurance Company
Phone:(800)645-2402 I Fax:(309)689-2036
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and
Insurance Company,required for the applicable bond.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each
authorized and licensed to do business in all states and the District of Columbia do hereby make,constitute and appoint:
Ann Nader,Anthony Schiegg,Nicole Bowman,Tara Schumacher,jointly or severally
in the City of Green Bay , State of Wisconsin ,as Attorney in Fact,with full power and authority hereby
conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds,
undertakings,and recognizances in an amount not to exceed Ten Million Dollars
( $10,000,000.00 )for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 5th day of February,2015.
`t`oaO a AND 1�••. •,JP�CF.'C'`O, RLI Insurance Company
Q0••opPOR4•S'..v. `. -•ppoQ,••�A•'- Contractors Bonding and Insurance Company
Y' SEAL ,b' SEALCi:7 —`"
State of Illinois 'Z°° •- r Roy C.Die Vice President
} SS ILUNo‘s. /4I. t.i.b`',•,•
County of Peoria ""
CERTIFICATE
On this 5th day of February 2015 I, the undersigned officer of RLI Insurance Company, and/or
before me, a Notary Public, personally appeared Roy C. Die , who Contractors Bonding and Insurance Company, each Illinois
being by me duly sworn, acknowledged that he signed the above Power of corporations, do hereby certify that the attached Power of Attorney is
Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the
Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is
instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof, I have hereunto set my hand and
the seal of the RLI Insurance Company and/or Contractors
Bonding and Insurance Company this day of ,
•
04--/4- 0-•(--- RLI Insurance Company
Jacqu ine M.Bockler Notary Public Contractors Bonding and Insurance Company
_ x
.-i OFFICIAL SEAL Roy C.Die Vice President
NOTARY 1
Sn OF, JACQUELINE M. BOCKLER
�«� , COMMISSION EXPIRES 01/14/18 i
' 4808198020212 A0059115
SSB 400615
ARAIA Document A312TM - 2010
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Engebos Heating&Cooling of business)
1717 W Matthew Drive RLI Insurance Company Phis document has important legal
De Pere,WI 54115 9025 N.Lindbergh Dr.Peoria,IL 61615 consequences.Consultation with
P.O.Box 3967 Peoria,IL 61612 an attorney is encouraged with
OWNER: respect to its completion or
(Name, legal status and address) modification.
City of Oshkosh
215 Church Avenue Any singular reference to
PO Box 1130 Contractor,Surety,Owner or
Oshkosh,WI 54903 other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: 3/20/2019 AIA Document A312-2010
combines two separate bonds,a
Amount: $232,995 Performance Bond and a
Payment Bond,into one form.
Description: This is not a single combined
Performance and Payment Bond.
(Name and location)
BUS/ELECTRIC SIGN SHOP HVAC IMPROVEMENTS,City of Oshkosh
BOND
Date: 3/20/2019
(Not earlier than Construction Contract Date)
Amount: $232,995
Modifications to this Bond: ❑None 0 See Section 18
c%
CONTRACTOR AS PRINCIPAL SURETY Q`•. ors"
A•�s
L •7
Company: (Corporate Seal) Company: (Cor SEA
Engebos Heatin ' g RLI Insurance Company s,�•.
Signs 4 Signature:
N e Name Tara Schumacher
an itle: residen and Title: Attorney in Fact
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party:)
Green Bay Insurance Center
417 S Monroe
Green Bay,WI 54301
Ink. AIA Document A312'"`—2010.The American Institute of Architects. 061110
5
§10 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 the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 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.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,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 Contract,whichever of(1)or(2)first occurs.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.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 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 statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 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 Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation 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 jurisdiction where the labor,materials or equipment were
furnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Init. AIA Document A3121"—2010.The American Institute of Architects.
7
RLI. Cbie POWER OF ATTORNEY
en RL,Csayany RLI Insurance Company
9025 N.Lindbergh Dr.I Peoria,IL 61615 Contractors Bonding and Insurance Company
Phone:(800)645-2402 I Fax:(309)689-2036
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the
approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and
Insurance Company,required for the applicable bond.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company,each Illinois corporations (as applicable), each
authorized and licensed to do business in all states and the District of Columbia do hereby make,constitute and appoint:
Ann Nader,Anthony Schiegg,Nicole Bowman,Tara Schumacher,jointly or severally
in the City of Green Bay , State of Wisconsin ,as Attorney in Fact,with full power and authority hereby
conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds,
undertakings,and recognizances in an amount not to exceed Ten Million Dollars
( $10,000.000.00 )for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF,RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this,ith day of February,2015.
"" RLI Insurance Company
,,,`0�10 ANO/H `�PO'Nc.r c
``�O,• POR'• ;',',,, .,PO' •° --; Contractors Bonding and Insurance Company
��' u0P 4r,' . q' • ,,0p A4)' .:
CC-7
SEAL :gib;- SEAL �_..�
State of Illinois l ..° ' -.,,,,. Roy C.Die Vice President
} SS , INo's /LLIN0.�S.
County of Peoria )
CERTIFICATE
On this 5th day of February 2015 I, the undersigned officer of RLI Insurance Company, and/or
before me, a Notary Public, personally appeared Roy C. Die , who Contractors Bonding and Insurance Company, each Illinois
being by me duly sworn, acknowledged that he signed the above Power of corporations, do hereby certify that the attached Power of Attorney is
Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the
Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is
instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof, I have hereunto set my hand and
the seal of the RLI Insurance Company and/or Contractors
Bonding and Insurance Company this }eE day of Mae cti ,
. . RLI Insurance Company
Jacqu 'ne M.Bockler Notary Public Contractors Bonding and Insurance Company
i ..--
. `OFFICIAL SEAL" 4 Roy C.Die Vice President
"''Li
JACQUELINE M.BOCKLER 1
1L04O/S COMMISSION EXPIRES D1/14118 1
4808198020212 A0059115
SSB 400615
'.` Document A312TM - 2010
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Engebos Heating&Cooling of business)
1717 W Matthew Drive RLI Insurance Company
-his document has important legal
De Pere,WI 54115
9025 N.Lindbergh Dr.Peoria,IL 61615 consequences.Consultation with
P.O.Box 3967 Peoria,IL 61612 an attorney is encouraged with
OWNER: respect to its completion or
(Name, legal status and address) modification.
City of Oshkosh
215 Church Avenue Any singular reference to
PO Box 1130 Contractor,Surety,Owner or
Oshkosh,WI 54903 other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: 3/20/2019 AIA Document A312-2010
combines two separate bonds,a
Performance Bond and a
Amount: $232,995 Payment Bond,into one form.
Description: This is not a single combined
(Name and location) Performance and Payment Bond.
BUS/ELECTRIC SIGN SHOP HVAC IMPROVEMENTS,City of Oshkosh
BOND
Date: 3/20/2019
(Not earlier than Construction Contract Date)
Amount: S232,995
Modifications to this Bond: 0 None ❑See Section 16
•
CONTRACTOR AS PRINCIPAL SURETY SEA
Company: (Corporate Seal) Company: (Lou L i •
Engebos Heat Coolin RLI Insurance Company •• ,
Signa e: Signature: �
Na Ti Menger Name Tara Schumacher
and Title: P sident and Title: Attorney in Fact
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party:)
Green Bay Insurance Center
417 S Monroe
Green Bay,WI 54301
Init. AIA Document A312T"—2010.The American Institute of Architects. 061110
1
t
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,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. Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.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 Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 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 accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§10 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.
§11 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 a declaration
of Contractor Default or within two years after the Contractor 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.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§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 statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§14.1 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.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to
comply with a material term of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Init. AIA Document A312T1"—2010.The American Institute of Architects.
3
RLI chic POWER OF ATTORNEY
aw RAJ Ornprry RLI Insurance Company
9025 N.Lindbergh Dr. Peoria IL 61615 Contractors Bonding and Insurance Company
Phone:(800)645-2402 I Fax:(309)689-2036
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the
approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and
Insurance Company,required for the applicable bond.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company,each Illinois corporations (as applicable), each
authorized and licensed to do business in all states and the District of Columbia do hereby make,constitute and appoint:
Ann,Nader,Anthony Schieu,Nicole Bowman,Tara Schumacher,jointly or severally
in the City of Green Bay , State of Wisconsin ,as Attorney in Fact,with full power and authority hereby
conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds,
undertakings,and recognizances in an amount not to exceed Ten Million Dollars
( $10,000,000.00 )for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF,RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 51 day of February,2015.
`"""111 f,,,, """',,,", RLI Insurance Company
�.O��i6ANp.N ,, ,`„,J�I'tCE c,
•, ;��, •°4, -; Contractors Bonding and Insurance Company
;ems:4OpPOg4r....cx,- '� `OppOg4r�,
1: SEAL:gib; SEAL• . _ ' -""
State of Illinois l ''• Roy C.Die I Vice President
} SS nurrolS , I.I N 0,,,
County of Peoria J `
CERTIFICATE
On this 5th day of February 2015 I, the undersigned officer of RLI Insurance Company, and/or
before me, a Notary Public, personally appeared Rov C. Die , who Contractors Bonding and Insurance Company, each Illinois
being by me duly sworn, acknowledged that he signed the above Power of corporations,do hereby certify that the attached Power of Attorney is
Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the
Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is
instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof,I have hereunto set my hand and
the seal of the RLI Insurance Company and/or Contractors
Bonding and Insurance Company this 00- day of()Iayct.._ ,
/&th_•
2)1, OriateC, RLI Insurance Company
Jacqu Me M.Bockler Notary Public Contractors Bonding and Insurance Company
i
C i "OFFICIAL SEAL" Roy C.Die Vice President
°ug JACQUELINE M.BOCKLER 1
f
�re of
. �+1'� COMMISSION EXPIRES D1,14,18
j 4808198020212 A0059115