HomeMy WebLinkAboutContractors Agreement Macco's Commercial Interiors DocuSign Envelope ID:A6D051E3-8EF8-4F9F-B23E-9063AFF009A3 l Cy.
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_` RECEIVED -•
Oshkosh FEB 0 8 2021
CONTRACTOR AGREEMENT: CITY CLERK'S OFFICE
OSHKOSH SAFETY BUILDING VAV BOX REPLACEMENTS
CITY OF OSHKOSH
THIS AGREEMENT,made on the 15th day of JANUARY,2021,by and between the CITY OF OSHKOSH,
party of the first part, hereinafter referred to as CITY, and MACCO'S COMMERCIAL INTERIORS, 680
S.WESTLAND DRIVE,APPLETON,WI,54914,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:
A. This Instrument
B. Proposal Solicitation
C. Contractor's Bid Proposal Form dated December 18,2020 and attached as Exhibit A.
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:
(Dale Schumerth,Macco's Commercial Interiors)
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
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
DocuSign Envelope ID:A6D051 E3-8EF8-4F9F-B23E-9063AFF009A3
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 III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Jon Urben, General Services Manager)
g )
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project
titled "OSHKOSH SAFETY BUILDING FLOORING REPLACEMENTS" dated NOVEMBER 28, 2020,
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 MAY 10,2021
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$37,687.00 adjusted by any changes hereafter mutually agreed upon in writing by
the parties hereto.
B. Fee schedules shall be firm for the duration of this Agreement.
i. 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.
ii. 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
DocuSign Envelope ID:A6D051E3-8EF8-4F9F-B23E-9063AFF009A3
covered under the subject amendment.
ARTICLE VIII. STANDARD PROVISIONS
The CONSULTANT agrees in all hiring or employment made possible by or resulting from this
agreement, there will not be any discrimination against any employee or applicant for employment
because of race, color,religion, sex, sexual orientation, gender identity, or national origin.
ARTICLE IX. CON TRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions,
claims and demands of any kind or character whatsoever which may in any way be caused by or result
from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his
subcontractors related however remotely to the performance of this Contract or be caused or result from
any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums
including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to
pay on any such claims or demands within thirty (30) days of the date of the City's written demand for
indemnification or refund.
ARTICLE X. 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 XI. TERMINATION
C. 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.
D. 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.
DocuSign Envelope ID:A6D051E3-8EF8-4F9F-B23E-9063AFF009A3
In the Presence of: CONTRACTOR/CONSULTANT
—DoeuSIgned by:
By: ,,"it-s lttoU
\-93EAA6/C084B4E9...
(Seal of Contractor if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
r—DocuSIpned by:
By. —39587FA89844491...
Mark A.Rohloff,City Manager
(Witness)
(—Do.Signed by:
And: t-53AC2E6111D21493...
(Witness) Pamela R.Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
Docu5I9ned by:
will accrue under this contract.
42F6A3370E81498... �Docu5lgned by:
City Attorney
OCCf022'1-e0f.IBE...
City Comptroller
DocuSign Envelope ID:A6D051 E3-8EF8-4F9F-B23E-9063AFF009A3
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CITY OF OSHKOSH
OSHKOSH SAFETY BUILDING FLOORING REPLACEMENT
BID PROPOSAL FORM
k� Page 1of2
From: !"`QCGo 5 C-U f'n e.r C;al ' ilk rS (bidder's company name)
BID PROPOSAL DEADLINE: TUESDAY,DECEMBER 22,2020 @ 10:00 A.M.
Date: I tM S/o2U
Addenda: Receipt of Addenda numbered - of -0- 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
bid specifications 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 arty competitor. We,the undersigned,propose to famish all labor and materials
per the project specifications or noted deviations for the following amount(s):
3h C t et s P Rn c-e `L c ci c J- a $ 3 '0,0O
TOTAL BASE BID: $ •(D8 DO
. i 1-3el eA tkauS .S)x +1. � -. p✓1 G �s
(Base Bid Price-in Words)
Estimated Sq.Ft.of Carpet Tile Areas: LI WO L,an..c
Estimated Sq.Ft.of Ceramic Tile Areas: I SS-0 Si t ct�4-e `
- — Estimatedinear-Feet-of-Vinyl-Base:- -UU(�-�t�r1 Psa
Warranty Details: I Y•eov: ►+� 5�� (' _�are -
SIGNATURES
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Date:/. Name of Company: I" 1CACCd s COMMP rCt .` Orc
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DocuSign Envelope ID:A6D051E3-8EF8-4F9F-B23E-9063AFF009A3
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CITY OF OSHKOSH
OSHKOSH SAFETY BUILDING FLOORING REPLACEMENT
BID PROPOSAL FORM
�11'' __cc ,, Page 2 of 2
Submitted by: (name/title)3�Iri��e n,vri f-t 1TEmail: cieleS /YI,aCOrtS.Cek"
Address of Company: 6436 .ioktNrioAAIV 920-7RI
Company Representative that will be named Project Manager for this project,if awarded
the bid: SCj e I`k
Company Representative�n authorized to sign contracts electronically via DocuSign:
Name: 3+� ►�'1ctCC0 Email: 3G,ppes MN\ ®inckred S.Cow l
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 ca-ei'PI
Gn
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33
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THE AMERICAN INSTITUTE OF ARCHITECTS
mlq(,
A/A Document A310
Bid Bond Bond No.: N/A
KNOW ALL MEN BY THESE PRESENTS, that we Macco's Commercial Interiors,Inc.
2325 Hutson Rd.,Green Bay,WI 54303
as Principal, hereinafter call the Principal, and Merchants Bonding Company(Mutual)
P.O.Box 14498,Des Moines,IA 50306-3498
a corporation duly organized under the laws of the State of Iowa
as Surety, hereinafter called the Surety are held and firmly bound unto
City of Oshkosh,P.O.Box 1130,Oshkosh,WI 54903-1130
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount
Dollars($ 5%of Bid Amount ),
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 Oshkosh Safety Building Flooring Replacement
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 materials 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 16th day of December 2020 XXX
Mace ' r ercial Interiors,Inc.
(Principal) (Seal)
(Witness) 'Ir i
(Title) •
Merchants Bonding Company(Mutual)� v!ticu;(Surer mfk of ;•
t ..
(Witness)
Kevin Ronski •0
(Title) 1933 '$:
Pamela L.Ronski,Attorney-m-Fact ' k'' ••,a'••'�;'�'
AIA DOCUMENT A3106 BID BOND•AIA®•FEBRUARY 1970 ED,•THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.,WASHINGTON D.C.20006
7.4 .
MERCHAN-1
BONDING COMPANY,,
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,Individually,
Chelsea A Bremer;Danielle Noble;David J Rudnik;Kenton D Arps;Lacey Endres;Michelle McLane Noerenberg;Pamela L Ronskl;Tracy Krause;
Travis Schreiber
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power-of-Attorney is granted and Is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding,Inc.,on October 16,2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority i
to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,bonds and
undertakings,recognizances,contracts of indemnity and other writings obligatory In the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission 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 fixed,"
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department -
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,It is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 10th day of April , 2020 .
n..•.
•
�0.ikP pR �0;. c...Nor.. PQ9 'oy•• MERCHANTS BONDING COMPANY(MUTUAL)
/.. ..c) 'Of•.,Z , 4�.'v0 q�•y�• MERCHANTS NATIONAL BONDING,INC.
CZi2 _0- O G: :42:2 o c''• •
v':— 2003 :,�: *.cc..',. 1933 •�: By 767,‘„
•
..%,.� •.... ...•.�t1,..• ..•'• d'pi ,.., ...Ky... President
STATE OF IOWA ,•....'....;.••'''.4, •••'.......
^ •'•
COUNTY OF DALLAS ss.
On this 10th day of April 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
.1.PµIA(s POLLY MASON '
Commission Number 750576 Fo 0 a, MA.3.
z dint r- My Commission Expires
• /owP January 07,2023 Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which Is still in full
force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 16th day of December ,2020 .
�• y�.�RPO/�q 92•. ��UpRpORq• �OC.p4iP0,9q�?�;
rn• • !//,e..•Z4.,e_...0 4 r:..op*...e...,..," g:(4<,..•-0.a 4-4,-1)....‘
•s; .y; Z` '�' 1933 Secretary
•eo• 1933 :'ti 1...t) 2003 :,mac .tiv. ti:
...PA '(1/20) """"''•
THE AMERICAN INSTITUTE OF ARCHITECTS
bond No.WIC 57637
NA Document A312
Performance Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
Macco's Commercial Interiors,Inc. Merchants Bonding Company(Mutual)
2325 Hutson Road 6700 Westown Parkway
Green Bay,WI 54303 West Des Moines Iowa 50266
OWNER(Name and Address):
City of Oshkosh
P.O.Box 1130
Oshkosh,WI 54903-1130
CONTSTRUCTION CONTRACT
Date: January 15,2021
Amount:$37,687.00(Thirty-seven thousand,six hundred eighty-seven and 00/100)
Descriptisn(Name and location). City of Oshkosh Safety Building-Flooring Improvements for the SB Renovation,
BOND Purchase Order#210153
Date(Not earlier than Construction Contract Date): February 1,2021
Amount:$37,687.00(Thirty-seven thousand,six hundred eighty-seven I
Modifications to this Bond: ® None 0 See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: - (Corporate Seal _. Company: (Corporate Seal)
Merchants Bonding Company(Mutual) - ~_p___ __-`�
Macco's Comore terrors;IBC r ✓
Signturei-,4 • Signature:
Name and Title:-� c 4.1` fr. ��� \C7 Name and Title:Tracy Krause -: . _
Attorney-In-Fact _
(Any additional signatures appear on page 3) =
(FOR INFORMATION ONLY -Name,Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other
party):
M3 Insurance
828 John Nolen Drive
Madison,WI 53713
608-273-0655
MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 1
1 The Contractor and the Surety,jointly and severally, bind .1 After investigation, determine the amount for
themselves,their heirs, executors, administrators, which it may be liable to the Owner and, as soon
successors and assigns to the Owner for the performance as practicable after the amount is determined,
of the Construction Contract,which is incorporated herein tender payment therefore to the Owner; or
by reference.
.2 Deny liability in whole or in part and notify the
2 If the Contractor performs the Construction Contract, the Owner citing reasons therefore.
Surety and the Contractor shall have no obligation under 5 If the surety does not proceed as provided in Para-graph
this Bond, except to participate in conferences as provided 4 with reasonable promptness,the Surety shall be deemed
in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of
3 If there is no Owner Default the Surety's obligation an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this
under this Bond shall arise after: Bond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as
Surety at its address described in Paragraph 10 provided in Subparagraph 4.4, and the Owner refuses the
below that the Owner is considering declaring a payment tendered or the Surety had denied liability, in
Contractor Default and has requested and attempted whole or in part,without further notice the Owner shall be
to arrange a conference with the Contractor and the entitled to enforce any remedy available to the Owner.
Surety to be held not later than fifteen days after
receipt of such notice to discuss methods of per- 6 After the Owner has terminated the Contractor's right to
forming the Construction Contract. If the Owner,the complete the Construction Contract,and if the Surety
Contractor and the Surety agree, the Contractor shall elects to act under Subparagraph 4.1,4.2, or 4.3 above,
be allowed a reasonable time to perform the then the responsibilities of the Surety to the Owner shall
Construction Contract,but such an agreement shall not be greater than those of the Contractor under the
not waive the Owner's right, if any, subsequently to Construction Contract, and the responsibilities of the
declare a Contractor Default;and Owner to the Surety shall not be greater than those of the
3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the
formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not be Owner of the Balance of the Contract Price to mitigation of
declared earlier than twenty days after the Contractor costs and damages on the Construction Contract,the
and the Surety have received notice as provided in Surety is obligated without duplication for:
Subparagraph 3.1,and 6.1 The responsibilities of the Contractor for cor-
3.3 The Owner has agreed to pay the Balance of the rection of defective work and completion of the Con-
Contract Price to the Surety in accordance with the struction Contract;
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in 6.2 Additional legal, design professional and delay
accordance with the terms of the contract with the costs resulting from the Contractor's Default, and
Owner. resulting from the actions or failure to act of the
4 When the Owner has satisfied the conditions of Surety under Paragraph 4; and
Paragraph 3, the Surety shall promptly and at the Surety's 6.3 Liquidated damages, or if no liquidated damages
expense take one of the following actions: are specified in the Construction Contract,actual
e for the Contractor,with consent of the damages caused by delayed performance or non-
4.1 Arrange performance of the Contractor.
Owner,to perform and complete the Construction
Contract; or 7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
4.2 Undertake to perform and complete the Con- Construction Contract, and the Balance of the Contract
struction Contract itself,through its agents or through Price shall not be reduced or set off on account of any
independent contractors; or such unrelated obligations. No right of action shall accrue
4.3 Obtain bids or negotiated proposals from qualified on this Bond to any person or entity other than the Owner
contractors acceptable to the Owner for a contract for or its heirs, executors,administrators or successors.
performance and completion of the Construction 8 The Surety hereby waives notice of any change, inclu-
Contract, arrange for a contract to be prepared for ding changes of time,to the Construction Contract or to
execution by the Owner and the contractor selected related subcontracts, purchase orders and other obli-
with the Owner's concurrence,to be secured with gations.
performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the 9 Any proceeding, legal or equitable, under this Bond may
Construction Contract, and pay to the Owner the be instituted in any court of competent jurisdiction in the
amount of damages as described in Paragraph 6 in location in which the work or part of the work is located and
excess of the Balance of the Contract Price incurred shall be instituted within two years after Contractor Default
by the Owner resulting from the Contractor's default; or or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to
4.4 Waive its right to perform and complete, arrange perform its obligations under this Bond,whichever occurs
for completion, or obtain a new contractor and with first. If the provisions of this Paragraph are void or
reasonable promptness under the circumstances: prohibited by law,the minimum period of limitation avail-
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA,8 A312-1984 2
THE AMERICAN INSTITUTE OF ARCHITECHTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006
able to sureties as a defense in the jurisdiction of the suit have been made including allowance to the
shall be applicable. Contractor of any amounts received or to be
received by the Owner in settlement of insurance or
10 Notice to the Surety,the Owner or the Contractor shall other claims for damages to which the Contractor is
be mailed or delivered to the address shown on the entitled, reduced by all valid and proper payments
signature page. made to or on be- half of the Contractor under the
Construction Contract.
11 When this Bond has been furnished to comply with a 12.2 Construction Contract The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig--
the construction was to be performed, any provision in nature page, including all Contract Documents and
this Bond conflicting with said statutory or legal changes thereto.
requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal 12.3 Contractor Default. Failure of the Contractor,
requirement shall be deemed incorporated herein. The which has neither been remedied nor waived,to
intent is that this Bond shall be construed as a statutory perform or otherwise to comply with the terms of the
bond and not as a common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
neither been remedied nor waived,to pay the Con-
12.1 Balance of the Contract Price:The total amount tractor as required by the Construction Contract or to
payable by the Owner to the Contractor under the perform and complete or comply with the other terms
Construction Contract after all proper adjustments thereof.
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: Company:
(Corporate Seal) (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA B A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006
THE AMERICAN INSTITUTE OF ARCHITECTS
•
Bond No.WIC 57637
NA Document A312
Payment Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
Macco's Commercial Interiors,Inc. Merchants Bonding Company(Mutual)
2325 Hutson Road 6700 Westown Parkway
Green Bay,WI 54303 West Des Moines Iowa 50266
OWNER(Name and Address):
City of Oshkosh
P.O.Box 1130
Oshkosh,WI 54903-1130
CONTSTRUCTION CONTRACT
Date: January 15,2021
Amount:$37,687.00(Thirty-seven thousand,six hundred eighty-seven and 00/100)
Description(Name and Location): City of Oshkosh Safety Building-Flooring Improvements for the SB Renovation,
•
BOND Purchase Order#210153
Date(Not earlier than Construction Contract Date):February 1,2021
Amount:$37,687.00(Thirty-seven thousand,six hundred eight-seven ai
Modifications to this Bond: 0 None 18) See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company; (Corporate Seal) Company: (Corpotrate.Seal)"
Merchants Bo Company(Mutu ) - - --
—
Macco's Cemmer ' 'ors, `-y' `-T` --
����17
Signs Signature: ��/")' ?
Name aad"Title: I ( 7ti�v Q � r�� tok Name and Tale: Tracy Krause _ =
Attorney-In-Fact
(Any additional signatures appear on page 6) --
(FOR INFORMATION ONLY Name,Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other
party):
M3 Insurance
828 John Nolen Drive
Madison,WI 53713
608-273-0655
MA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4
1 The Contractor and the Surety,jointly and severally, 5 If a notice required by Paragraph 4 is given by the
bind themselves,their heirs, executors, administrator, Owner to the Contractor or to the Surety,that is sufficient
successors and assigns to the Owner to pay for labor, compliance.
materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of
performance of the Construction Contract,which is Paragraph 4,the Surety shall promptly and at the Surety's
incorporated herein by reference. expense take the following actions:
2 With respect to the Owner,this obligation shall be null 6.1 Send an answer to the Claimant,with a copy to
and void if the Contractor. the Owner,within 45 days after receipt of the claim,
2.1 Promptly makes payment, directly or indirectly, stating the amounts that are undisputed and the
for all sums due Claimants,and basis for challenging any amounts that are disputed.
2.2 Defends, indemnities, and holds harmless the 6.2 Pay or arrange for payment of any undisputed
Owner from all claims, demands, liens or suits by any amounts.
person or entity who furnished labor, materials or
equipment for use in the performance of the 7 The Surety's total obligation shall not exceed the
Construction Contract, provided the Owner has amount of this Bond, and the amount of this Bond shall be
promptly notified the Contractor and the Surety(at credited for any payments made in good faith by the
the address described in Paragraph 12)of any Surety.
claims, demands, liens or suits and tendered defense 8 Amounts owed by the Owner to the Contractor under
of such claims, demands, liens or suits to the the Construction Contract shall be used for the
Contractor and the Surety, and provided there is no performance of the Construction Contract and to satisfy
Owner Default. claims, if any, under any Construction Performance Bond.
By the Contractor furnishing and the Owner accepting this
3 With respect to Claimants,this obligation shall be null Bond,they agree that all funds earned by the Contractor
and void if the Contractor promptly makes payment, in the performance of the Construction Contract are
directly or indirectly,for all sums due. dedicated to satisfy obligations of the Contractor and the
Surety under this Bond,subject to the Owner's priority to
4 The Surety shall have no obligation to Claimants under use the funds for the completion of the work.
this Bond until:
4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants
contract with the Contractor have given notice to the or others for obligations of the Contractor that are
Surety (at the address described in Paragraph 12) unrelated to the Construction Contract.The Owner shall
and sent a copy, or notice thereof, to the Owner, not be liable for payment of any costs or expenses of any
stating that a claim is being made under this Bond Claimant under this Bond, and shall have under this Bond
and,with substantial accuracy,the amount of the no obligations to make payments to, give notices on
claim. behalf of, or otherwise have obligations to Claimants
4.2 Claimants who do not have a direct contract with under this Bond.
the Contractor: 10 The Surety hereby waives notice of any change,
.1 Have furnished written notice to the Contractor including changes of time,to the Construction Contract or
and sent a copy, or notice thereof,to the to related subcontracts, purchase orders and other
Owner,within 90 days after having last per- obligations.
formed labor or last furnished materials or
equipment included in the claim stating,with 11 No suitor action shall be commenced by a Claimant
substantial accuracy,the amount of the claim under this Bond other than in a court of competent juris-
and the name of the party to whom the mater- diction in the location in which the work or part of the work
ials were furnished or supplied or for whom is located or after the expiration of one year from the date
the labor was done or performed; and (1)on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3,or(2)on which the
.2 Have either received a rejection in whole or in last labor or service was performed by anyone or the last
part from the Contractor, or not received within materials or equipment were furnished by anyone under
30 days of furnishing the above notice any the Construction Contract, whichever of(1)or(2)first
communication from the Contractor by which occurs. If the provisions of this Paragraph are void or
the Contractor has indicated the claim will be prohibited by law,the minimum period of limitation
paid directly or indirectly; and available to sureties as a defense in the jurisdiction of the
.3 Not having been paid within the above 30 days, suit shall be applicable.
have sent a written notice to the Surety(at the 12 Notice to the Surety,the Owner or the Contractor shall
address described in Paragraph 12)and sent be mailed or delivered to the address shown on the
a copy,or notice thereof,to the Owner, stating signature page. Actual receipt of notice by Surety, the
that a claim is being made under this Bond and Owner or the Contractor, however accomplished,shall be
enclosing a copy of the previous written notice sufficient compliance as of the date received at the
furnished to the Contractor. address shown on the signature page.
MA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•MA,g, A312-1984 5
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORKAYE.,N.W. WASHINGTON,D.C. 20006
13 When this Bond has been furnished to comply with a The intent of this Bond shall be to include without
statutory or other legal requirement in the location where limitation in the terms"labor, materials or equipment"
the construction was to be performed, any provision in that part of water,gas, power, light, heat, oil,
this Bond conflicting with said statutory or legal gasoline,telephone service or rental equipment used
requirement shall be deemed deleted herefrom and in the Construction Contract, architectural and
provisions conforming to such statutory or other legal engineering services required for performance of the
requirement shall be deemed incorporated herein.The work of the Contractor and the Contractor's
intent is that this Bond shall be construed as a statutory subcontractors, and all other items for which a
bond and not as a common law bond. mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were
14 Upon request by any person or entity appearing to be furnished.
a potential beneficiary of this Bond,the Contractor shall 15.2 Construction Contract The agreement between
promptly furnish a copy of this Bond or shall permit a copy the Owner and the Contractor identified on the
to be made. signature page, including all Contract
Documents and changes thereto.
15 DEFINITIONS
15.3 Owner Default: Failure of the Owner,which has
15.1 Claimant: An individual or entity having a direct neither been remedied nor waived,to pay the
contract with the Contractor or with a subcontractor of Contractor as required by the Construction Contract
the Contractor to furnish labor, materials or or to perform and complete or comply with the other
equipment for use in the performance of the Contract. terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Section 6 is modified by adding section 6.3.
6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of
defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its
obligations under this Section 6,the Surety shall indemnify the Claimant for the reasonable attomey's fees the Claimant
incurs to recover any sums found to be due and owing to the Claimant.
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: Company:
(Corporate Seal) (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIAk
A312-1984 6
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W. WASHINGTON,D.C. 20006
• MERCHANT`S��
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually,
Chelsea A Bremer;Danielle Noble;David J Rudnik;Kenton D Arps;Lacey Endres;Michelle McLane Noerenberg;Pamela L Ronski;Tracy Krause;
Travis Schreiber
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding,Inc.,on October 16,2015.
"The President. Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission 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 fixed."
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 10th day of April , 2020 .
•
co:•OFtPOR,q•• .. ;�O,•ORP0,9 • q . MERCHANTS BONDING COMPANY(MUTUAL)
.ti r G r.Z: • •C' 9�;:yam MERCHANTS NATIONAL BONDING,INC.
-o- :�: :may/? -o- o •
cv: 2003 0: •:a' 1933 :c: By
�.d.P •
•........ J6�ly •
`a•• President
.
STATE OF IOWA .............
COUNTY •
COUNTY OF DALLAS ss.
On this 10th day of April 2020 , before me appeared Larry Taylor,to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
Ay- s� POLLY MASON •
z 1 Commission Number 750576 1 lL �
• �,,�� My Commission Expires
Q. January 07,2023 Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this /St day of February ,2021 .
Z. :Y �138 : Secretary
tv.• 2003 •L�:_ . J. 1r:
POA0018 (1/20) ••a... �••••..••
......