HomeMy WebLinkAboutFortress Fence Rainbow Memorial Park & Spanbauer Field 2019 ORIGINAL
city
of
Oshkosh
CONTRACTOR AGREEMENT:
FENCING IMPROVEMENTS AT RAINBOW MEMORIAL PARK AND SPANBAUER FIELD
CITY OF OSHKOSH
THIS AGREEMENT, made on the 13th day of MARCH, 2019, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and FORTRESS FENCE, 1225
LAKEVIEW DRIVE, GREEN BAY, WI 54313,hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor,for the consideration hereinafter named,enter into the following
agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except
where it conflicts with this agreement, in which case this agreement shall prevail.
ARTICLE I. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a part of this contract
as if herein set out verbatim, or if not attached, as if hereto attached:
1. 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. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(JASON PLATE,FORTRESS FENCE INC.)
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.
City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
ARTICLE III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(RAY MAURER, PARKS DIRECTOR)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the project titled"INVITATION FOR BIDS:
SPANBAUER PARK AND RAINBOW PARK BALL DIAMOND FENCING IMPROVEMENTS" dated
FEBRUARY 8,2019, 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 AUGUST 15,
2019. Any changes to this completion date must be agreed upon by both parties in writing.
ARTICLE VII. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$81,565.00 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
CUA;‘,-/11 -/\ -- By:
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF : HKOSH /
0 ./
Z517.7 I Markohloff, Pity M. Zi //
!t ess)
And:V } t- A , ( )-)
ess) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
City ttorney
' f's,r'G AG),,py
City Comptroller
SPANBAUER PARK AND RAINBOW PARK
BALL DIAMOND FENCING IMPROVEMENTS
BID PROPOSAL FORM
Page 1 of 2
From: Fo +'- sf Ft let C-- yt G . (bidder's company name)
BID PROPOSAL DEADLINE: MARCH 5,2019 @ 10:00 A.M.
Date: 3 l y I 19
l
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):
BID DESCRIPTION UNIT BID PRICE
ITEM
A. Rainbow Park Softball Diamond Fencing Lump Up.
Improvements complete as specified. Sum $ 3 d i o 2 5• °O
B. Spanbauer Park Ball Diamond Lump Fencing Improvements complete as specified. Sum $ i silo, 00
BTOTAL* $ 93/ ��o 5
— Z, 00O, OU
*It is the intent of the City to award this bid based on the bid total of both bid items. The
City is requesting separate bid prices for the parks for accountin ur oses as re SC-6-Alr4OieV
different project budgets. gl� S6 5,o D 5.uA)1_
' C.�/ICid MAT►ahI
beduc+ Zi o00+ °O l 4 ° -CewoIS CAo be c�vhb;ned T614
29 3-y-19
gS °he. Prajecr.
Pev,ce. V'ew►oVA i et4- CeliviLd Nev- PArk `112 6e, cone. by 04111 rS.
SPANBAUER PARK AND RAINBOW PARK
BALL DIAMOND FENCING IMPROVEMENTS
BID PROPOSAL FORM
Page 2 of 2
SIGNATURES C
Name of Company: I o r—ket c f ��n CC I h G
Submitted by(Name/Title): J AS o
Email: . f Aft C-rev.cc Co vv.
Address of Company: 122 S LA kt v ie w D; 6 rtcr EA-yr LJ r 6 y313
Phone: (q20 ) L90— 1.333
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: 1-0✓'
Company Representative that will be named Project Manager for this project,if awarded
the bid:
&ealeP S�eecld-� frajec-f- WIknA5cr
Name Title
30
•
Urben, Jon
From: Jason Plate <jplate@ffence.com>
Sent: Tuesday, March 05, 2019 10:56 AM
To: Urben, Jon
Subject: RE: Fencing Bid
Hi Jon,
Yes,that is correct. Do you have the bid results available already?
Thank you,
Jason Plate I Sales/Estimator
Fortress Fence
Ph:(920)490-9333 Fax:(920)490-9339
Cell:(920)360-6398
Email: iplate@ffence.com
1225 Lakeview Drive,Green Bay,WI 54313
www.fortressfencegb.com
From: Urben,Jon [mailto:jurben@ci.oshkosh.wi.us]
Sent:Tuesday, March 5,2019 10:21 AM
To:Jason Plate<jplate@ffence.com>
Subject: Fencing Bid
Hi Jason. Your bid of$83,565 for both Rainbow and Spanbauer was received and it notes you will deduct an
additional$2K from your bid if awarded both projects. If so, can you confirm your bid for both fencing
projects would be$81,565.00.
Jon G.Urben,CPPO,FMP
Manager,General Services Division
City of Oshkosh
920.236.5100
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OPIACit&
4frOshkosh
1
--.-------'wel`L.
Bond No. GA 18-03
GREA AMERICAN,
INSURANCE GROUP
KNOW ALL MEN BY THESE PRESENTS,that we. Century Fence Company
P.O. Box 727, Pewaukee, WI 53072-0727
as principal,and the GREAT AMERICAN INSURANCE COMPANY,a corporation existing under the laws
of the State of Ohio,having its Administrative Office at 301 E. Fourth Street,Cincinnati,Ohio 45202,as surety,
are held and finely bound unto the City of Oshkosh
as obligee, in the penal sum of ten percent
Dollars($ --- ) ,lawful money of the United States of America,for the payment of which,
well and truly to be made,we bind ourselves,our heirs,executors,administrator, successors and assigns,Jointly
and severally,firmly by these presents.
SIGNED. sealed and dated this st day of ,Ta iva r7 , 71) 19 .
WHEREAS,the said principal i`'
herewith submitting a proposal for Spanbauer and Rainbow Park fence
NOW,THEREFORE,the condition of this obligation is such that,if the said principal shall be awarded the
said contract,and shall within ten ( 1 0 ) days after receiving notice of such award
enter into a contract and give bond for the faithful performance of the contract,then this obligation shall be null
and void otherwise the principal and surety will pay unto the obligee the difference in money between the
amount of the principal's bid and the amount for which the obligee may legally contract with another party to
perform the work, if the latter amount be in excess of the former; but in no event shall the liability hereunder
exceed the penal sum hereof.
,Z_____...-----7/ GREAT AMERICAN INSURANCE COMPANY
P'. lc'xal John Connell, President
Be>. _,--:—.--- —,..,....,....---- ......- ----- .......,..r.........1____
Todd e� ,Attorney-in-Fact
F.9116(3/11)
r
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No.0 20850
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than
one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
ROBERT E.FLATH ALL OF ALL
TODD LOOKER MILWAUKEE,WISCONSIN $100,000,000
GARY BURTON
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 26TH day of JANUARY 2017 .
Attest GREAT AMERICAN INSURANCE COMPANY
X4/4„,.,
�QY 1XSVy,F
e 3
Assistant Secretary Divisional Senior Vice President
STATE OF OHIO,COUNTY OF HAMILTON-ss:
DAVID C.KITCHIN(877-377-2405)
On this 26TH day of JANUARY , 2017 , before me personally appeared DAVID C. KITCHIN, to me
known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal
affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his
name thereto by like authority.
Suun
rst
lyPidi elib to Auza.-e-- a icy/
My
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9,2008.
RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice
Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,
as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof,to prescribe their respective duties and
the respective limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect.
Signed and sealed this 31 s t day of January , 201 9
3. E
c•
3
Assistant Secretary
S1029AF(06/15)
Bond No. CA2555519
GREAT AMERICAN INSURANCE COMPANY
GR1 A1AMLRlcan'.
INSURANCE GROUP O H I O
Performance Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place of business)
Fortress Fence, Inc. Great American Insurance Company
1225 Lakeview Drive 301 E. 4th Street
Green Bay, WI 54313 Cincinnati, OH 45202
OWNER:
(Name, legal status and address)
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903
CONSTRUCTION CONTRACT
Date: March 13, 2019
Amount $81,565.00
Description:
(Name and location)
Fencing Improvements at Rainbow Memorial Park and Spanbauer Field
BOND
Date: April 5, 2019
(Not earlier than Construction Contract Date)
Amount: $81,565.00
Modifications to this Bond: ® None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: Century Fence Company (Corporate Seal) Company: ;Corporate Seal)
GREAT AMERICA INSURANCE COMPANY
Signature. Signatur
Name an e.h , _ t a.c 5 5Aia.�( L Name d Title: ooker, Attorney-in••Fact
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY—Name, address and telephone) OWNER'S REPRESENTATIVE:
AGENT or BROKER: (Architect, Engineer or other party)
Robertson Ryan & Associates, Inc.
20975 Swenson Drive, Ste. 175
Waukesha,WI 53186 414-221-0394
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312 -2010 Edition
GAIC Pell A312(10/10) 1
1 The Contractor and Surety, jointly and severally, bind 5.4 Waive its right to perform and complete, arrange
themselves, their heirs, executors, administrators, for completion, or obtain a new contractor and with
successors and assigns to the Owner for the performance reasonable promptness under the circumstances:
of the Construction Contract, which is incorporated herein .1 After investigation, determine the amount for
by reference. which it may be liable to the Owner and, as
2 If the Contractor performs the Construction Contract, soon as practicable after the amount is
the Surety and the Contractor shall have no obligation determined, make payment to the Owner; or
under this Bond, except when applicable to participate in a .2 Deny liability in whole or in part and notify the
conference as provided in Section 3. Owner, citing the reasons for denial.
3 If there is no Owner Default under the Construction 6 If the Surety does not proceed as provided in Section 5
Contract, the Surety's obligation under this Bond shall with reasonable promptness, the Surety shall be deemed to
arise after be in default on this Bond seven days after receipt of an
additional written notice from the Owner to the Surety
3.1 the Owner first provides notice to the Contractor demanding that the Surety perform its obligations under
and the Surety that the Owner is considering declaring this Bond, and the Owner shall be entitled to enforce any
a Contractor Default. Such notice shall indicate whether remedy available to the Owner. If the Surety proceeds as
the Owner is requesting a conference among the provided in Section 5.4, and the Owner refuses the
Owner, Contractor and Surety to discuss the payment or the Surety has denied liability, in whole or in
Contractor's performance. If the Owner does not part, without further notice the Owner shall be entitled to
request a conference, the Surety may, within five (5) enforce any remedy available to the Owner.
business days after receipt of the Owner's notice, 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3,
request such a conference. If the Surety timely then the responsibilities of the Surety to the Owner shall
requests a conference, the Owner shall attend. Unless not be greater than those of the Contractor under the
the Owner agrees otherwise, any conference requested Construction Contract, and the responsibilities of the
under this Section 3.1 shall be held within ten (10) Owner to the Surety shall not be greater than those of the
business days of the Surety's receipt of the Owner's Owner under the Construction Contract. Subject to the
notice. If the Owner, the Contractor and the Surety commitment by the Owner to pay the Balance of the
agree, the Contractor shall be allowed a reasonable Contract Price, the Surety is obligated, without duplication,
time to perform the Construction Contract, but such an for
agreement shall not waive the Owner's right, if any, 7.1 the responsibilities of the Contractor for correction
subsequently to declare a Contractor Default; of defective work and completion of the Construction
3.2 the Owner declares a Contractor Default, Contract;
terminates the Construction Contract and notifies the 7.2 additional legal, design professional and delay
Surety; and costs resulting from the Contractor's Default, and
3.3 the Owner has agreed to pay the Balance of the resulting from the actions or failure to act of the Surety
Contract Price in accordance with the terms of the under Section 5; and
Construction Contract to the Surety or to a contractor 7.3 liquidated damages, or if no liquidated damages
selected to perform the Construction Contract, are specified in the Construction Contract, actual
4 Failure on the part of the Owner to comply with the damages caused by delayed performance or
notice requirement in Section 3.1 shall not constitute a non-performance of the Contractor.
failure to comply with a condition precedent to the Surety's 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4,
obligations, or release the Surety from its obligations, the Surety's liability is limited to the amount of this Bond.
except to the extent the Surety demonstrates actual
prejudice. 9 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
5 When the Owner has satisfied the conditions of Section Construction Contract, and the Balance of the Contract
3, the Surety shall promptly and at the Surety's expense Price shall not be reduced or set off on account of any
take one of the following actions: such unrelated obligations. No right of action shall accrue
5.1 Arrange for the Contractor, with the consent of the on this Bond to any person or entity other than the Owner
or its heirs, executors, administrators, successors and
Owner, to perform and complete the Construction
assigns.
Contract;
5.2 Undertake to perform and complete the 10 The Surety hereby waives notice of any change,
Construction Contract itself, through its agents or including changes of time, to the Construction Contract or
independent contractors; to related subcontracts, purchase orders and other
5.3 Obtain bids or negotiated proposals from qualified obligations.
contractors acceptable to the Owner for a contract for 11 Any proceeding, legal or equitable, under this Bond
performance and completion of the Construction may be instituted in any court of competent jurisdiction in
Contract, arrange for a contract to be prepared for the location in which the work or part of the work is located
execution by the Owner and a contractor selected with and shall be instituted within two years after a declaration
the Owner's concurrence, to be secured with of Contractor Default or within two years after the
performance and payment bonds executed by a Contractor ceased working or within two years after the
qualified surety equivalent to the bonds issued on the Surety refuses or fails to perform its obligations under this
Construction Contract, and pay to the Owner the Bond, whichever occurs first. If the provisions of this
amount of damages as described in Section 7 in Paragraph are void or prohibited by law, the minimum
excess of the Balance of the Contract Price incurred by period of limitation available to sureties as a defense in the
the Owner as a result of the Contractor Default; or jurisdiction of the suit shall be applicable.
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312-2010 Edition
LAIC Perf A312(10/10) 2
12 Notice to the Surety, the Owner or the Contractor shall 14.2 Construction Contract. The agreement between
be mailed or delivered to the address shown on the page the Owner and Contractor identified on the cover page,
on which their signature appears. including all Contract Documents and changes made to
13 When this Bond has been furnished to comply with a the agreement and the Contract Documents.
statutory or other legal requirement in the location where 14.3 Contractor Default. Failure of the Contractor,
the construction was to be performed, any provision in this which has not been remedied or waived, to perform or
Bond conflicting with said statutory or legal requirement otherwise to comply with a material term of the
shall be deemed deleted herefrom and provisions Construction Contract.
conforming to such statutory or other legal requirement 14.4 Owner Default. Failure of the Owner, which has
shall be deemed incorporated herein. When so furnished, not been remedied or waived, to pay the Contractor as
the intent is that this Bond shall be construed as a required under the Construction Contract or to perform
statutory bond and not as a common law bond. and complete or comply with the other material terms of
14 Definitions the Construction Contract.
14.1 Balance of the Contract Price. The total 14.5 Contract Documents. All the documents that
amount payable by the Owner to the Contractor under comprise the agreement between the Owner and
the Construction Contract after all proper adjustments Contractor.
have been made, including allowance to the 15 If this Bond is issued for an agreement between a
Contractor of any amounts received or to be received Contractor and subcontractor, the term Contractor in this
by the Owner in settlement of insurance or other Bond shall be deemed to be Subcontractor and the term
claims for damages to which the Contractor is entitled, Owner shall be deemed to be Contractor.
reduced by all valid and proper payments made to or
on behalf of the Contractor under the Construction 16 Modifications to this bond are as follows:
Contract.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title.
Address: Address:
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312 -2010 Edition
LAIC Per f A312(10/10) 3
Bond No. CA2555519
GREAT AMERICAN INSURANCE COMPANY
C;REA1AMERIC:AN
INSURANCE GROUP O H I O
Payment Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place of business)
Fortress Fence, Inc. Great American Insurance Company
1225 Lakeview Drive 301 E. 4th Street
Green Bay, WI 54313 Cincinnati, OH 45202
OWNER:
(Name, legal status and address)
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903
CONSTRUCTION CONTRACT
Date: March 13, 2019
Amount $81,565.00
Description:
(Name and location)
Fencing Improvements at Rainbow Memorial Park and Spanbauer Field
BOND
Date: April 5, 2019
(Not earlier than Construction Contract Date)
Amount: $81,565.00
Modifications to this Bond: ® None ❑ See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: Century Fence Company (Corporate Seal) Company: (Corporate Seal)
GREAT AMERICAN INSURANCE COMPANY
Signature: Signatu
Name and Title Name d Title: d Looker, Attorney-in-Fact
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY--Name, address and telephone) OWNER'S REPRESENTATIVE:
AGENT or BROKER: (Architect, Engineer or other party)
Robertson Ryan & Associates, Inc.
20975 Swenson Drive, Ste 175
Waukesha, WI 53186 414-221-0394
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312 -2010 Edition
GAIC Pvmt A312(10/10) 1
1 The Contractor and Surety, jointly and severally, bind undisputed amounts for which the Surety and Claimant
themselves, their heirs, executors, administrators, have reached agreement. If, however, the Surety fails
successors and assigns to the Owner to pay for labor, to discharge its obligations under Section 7.1 or Section
materials and equipment furnished for use in the 7.2, the Surety shall indemnify the Claimant for the
performance of the Construction Contract, which is reasonable attorney's fees the Claimant incurs
incorporated herein by reference, subject to the following thereafter to recover any sums found to be due and
terms. owing to the Claimant.
2 If the Contractor promptly makes payment of all sums 8 The Surety's total obligation shall not exceed the amount
due to Claimants, and defends, indemnifies and holds of this Bond, plus the amount of reasonable attorney's fees
harmless the Owner from claims, demands, liens or suits provided under Section 7.3, and the amount of this Bond
by any person or entity seeking payment for labor, shall be credited for any payments made in good faith by
materials or equipment furnished for use in the the Surety.
performance of the Construction Contract, then the Surety
and the Contractor shall have no obligation under this 9 Amounts owed by the Owner to the Contractor under the
Bond. Construction Contract shall be used for the performance of
3 If there is no owner Default under the Construction the Construction Contract and to satisfy claims, if any,
Contract, the Surety's obligation to the Owner under this under any construction performance bond. By the
Bond shall arise after the Owner has promptly notified the Contractor furnishing and the Owner accepting this Bond,
Contractor and the Surety (at the address described in they agree that all funds earned by the Contractor in the
Section 13) of claims, demands, liens or suits against the performance of the Construction Contract are dedicated to
Owner or the Owner's property by any person or entity satisfy obligations of the Contractor and Surety under this
seeking payment for labor, materials or equipment Bond, subject to the Owner's priority to use the funds for
furnished for use in the performance of the Construction the completion of the work.
Contract and tendered defense of such claims, demands, 10 The Surety shall not be liable to the Owner, Claimants
liens or suits to the Contractor and the Surety. or others for obligations of the Contractor that are unrelated
to the Construction Contract. The Owner shall not be liable
4 When the Owner has satisfied the conditions in Section for the payment of any costs or expenses of any Claimant
3, the Surety shall promptly and at the Surety's expense under this Bond, and shall have under this Bond no
defend, indemnify and hold harmless the Owner against a obligation to make payments to, or give notice on behalf of,
duly tendered claim, demand, lien or suit. Claimants or otherwise have any obligations to Claimants
5 The Surety's obligations to a Claimant under this Bond under this Bond.
shall arise after the following. 11 The Surety hereby waives notice of any change,
5.1 Claimants, who do not have a direct contract with including changes of time, to the Construction Contract or
the Contractor, to related subcontracts, purchase orders and other
.1 have furnished a written notice of obligations.
non-payment to the Contractor, stating with 12 No suit or action shall be commenced by a Claimant
substantial accuracy the amount claimed and under this Bond other than in a court of competent
the name of the party to whom the materials jurisdiction in the state in which the project that is the
were, or equipment was, furnished or supplied subject of the Construction Contract is located or after the
or for whom the labor was done or performed, expiration of one year from the date (1) on which the
within ninety (90) days after having last Claimant sent a Claim to the Surety pursuant to Section
performed labor or last furnished materials or 5.1.2 or 5.2, or (2) on which the last labor or service was
equipment included in the Claim; and performed by anyone or the last materials or equipment
.2 have sent a Claim to the Surety (at the were furnished by anyone under the Construction Contract,
address described in Section 13). whichever of(1) or (2) first occurs. If the provisions of this
5.2 Claimants, who are employed by or have a direct Paragraph are void or prohibited by law, the minimum
contract with the Contractor, have sent a Claim to the period of limitation available to sureties as a defense in the
Surety (at the address described in Section 13). jurisdiction of the suit shall be applicable.
6 If a notice of non-payment required by Section 5.1.1 is 13 Notice and Claims to the Surety, the Owner or the
given by the Owner to the Contractor, that is sufficient to Contractor shall be mailed or delivered to the address
satisfy a Claimant's obligation to furnish a written notice of shown on the page on which their signature appears.
non-payment under Section 5. 1. 1. Actual receipt of notice or Claims, however accomplished,
7 When a Claimant has satisfied the conditions of shall be sufficient compliance as of the date received.
Sections 5.1 or 5.2, whichever is applicable, the Surety 14 When this Bond has been furnished to comply with a
shall promptly and at the Surety's expense take the statutory or other legal requirement in the location where
following actions: the construction was to be performed, any provision in this
7.1 Send an answer to the Claimant,with a copy to the Bond conflicting with said statutory or legal requirement
Owner, within sixty (60) days after receipt of the Claim, shall be deemed deleted herefrom and provisions
stating the amounts that are undisputed and the basis shall be deemedng o such statutory heor other legal requirement
shall be incorporated herein. When so furnished,
for challenging any amounts that are disputed; and the intent is that this Bond shall be construed as a statutory
7.2 Pay or arrange for payment of any undisputed bond and not as a common law bond.
amounts.
7.3 The Surety's failure to discharge its obligations 15 Upon request by any person or entity appearing to be a
under Section 7.1 or Section 7.2 shall not be deemed to potential beneficiary of this Bond, the Contractor and
constitute a waiver of defenses the Surety or Contractor Owner shall promptly furnish a copy of this Bond or shall
may have or acquire as to a Claim, except as to permit a copy to be made.
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312 -2010 Edition
GA1C Ppmt A312(10/10) 2
16 Definitions individual or entity that has rightfully asserted a claim
16.1 Claim. A written statement by the Claimant under an applicable mechanic's lien or similar statute
including at a minimum against the real property upon which the Project is
.1 the name of the Claimant; located. The intent of this Bond shall be to include
.2 the name of the person for whom the labor without limitation in the terms "labor, materials or
was done, or materials or equipment equipment" that part of water, gas, power, light, heat,
furnished; oil, gasoline, telephone service or rental equipment
,3 a copy of the agreement or purchase order used in the Construction Contract, architectural and
pursuant to which labor, materials or engineering services required for performance of the
equipment was furnished for use in the work of the Contractor and the Contractor's
performance of the Construction Contract; subcontractors, and all other items for which a
.4 a brief description of the labor, materials or mechanic's lien may be asserted in the jurisdiction
equipment furnished; where the labor, materials or equipment were
.5 the date on which the Claimant last performed furnished.
labor or last furnished materials or equipment 16.3 Construction Contract. The agreement between
for use in the performance of the Construction the Owner and Contractor identified on the cover page,
Contract; including all Contract Documents and all changes
6 Contract;
earned by the for made to the agreement and the Contract Documents.
labor,totalamountor reed by furnishedeClaimant of 16.4 Owner Default. Failure of the Owner, which has
the date materialsf the Claim; not been remedied or waived, to pay the Contractor as
7 the of previous payments required under the Construction Contract or to perform
receivedh total amountthe Cla of and and complete or comply with the other material terms of
the Construction Contract.
.8 the total amount due and unpaid to the 16.5 Contract Documents. All the documents that
Claimant for labor, materials or equipment comprise the agreement between the Owner and
furnished as of the date of the Claim. Contractor.
16.2 Claimant. An individual or entity having a direct 17 If this Bond is issued for an agreement between a
contract with the Contractor or with a subcontractor of Contractor and subcontractor, the term Contractor in this
the Contractor to furnish labor, materials or equipment Bond shall be deemed to be Subcontractor and the term
for use in the performance of the Construction Owner shall be deemed to be Contractor.
Contract. The term Claimant also includes any 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company. (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312-2010 Edition
CAIC Pvmt A312(10/10) 3
< •
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No.0 20850
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than
one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
ROBERT E.FLATH ALL OF ALL
TODD LOOKER MILWAUKEE,WISCONSIN $100,000,000
GARY BURTON
This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 26TH day of JANUARY 2017 .
Attest GREAT AMERICAN INSURANCE COMPANY
ns r
3 3: ,e0 le4 1.4.1
Assistant Secretary Divisional Senior Vice President
STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405)
On this 26TH day of JANUARY , 2017 , before me personally appeared DAVID C. KITCHIN, to me
known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal
affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his
name thereto by like authority.
wri2., Susan A.Kohast
Way= 2O2O
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9,2008.
RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,
as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and
the respective limits of their authority:and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking, contract of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed
CERTIFICATION
I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power ofAttomey and
the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now iu fidl force and effect.
a.*I
Signed and sealed this day of 4 p r : ) , 9 O 1 ci .
•
s , L Cue 3
Assistant Secretary
S1029AF(06/15)