Loading...
HomeMy WebLinkAboutPlastering Repair Pollock Pool - Sonseeker Pool Masonry LLCDocuSign Envelope ID: D6BB5814-F127-4C82-8253-B51D8AFBFC7E { p" t_..f Oshkosh CONTRACTOR AGREEMENT:. PLASTERING REPAIR AND RESTORATION POLLOCK COMMUNITY WATER PARK LEISURE POOL COPY THIS AGREEMENT, made on the 17TH day of MAY, 2024, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SONSEEKER POOL MASONRY LLC, 120 E LAKEWOOD BOULEVARD, SUITE 30, HOLLAND, MI 49424, 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 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 H. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Brad Weis, Director of Operations) City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1 130 hffp://www.ci.oshkosh.wi.us DocuSign Envelope ID: D61385814-F127-4C82-8253-B51 D8AFBFC7E 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. 1he City snau t e provided with a resume or other information for any proposed substitute an l� e opportunity to interview that person prior to any proposed change. �J ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Chad Dallman, Assistant Parks Director) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled "PLASTERING REPAIR AND RESTORATION- LEISURE POOL, POLLOCK COMMUNITY WATER PARK" dated April 12, 2024, 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 Contractor shall perform services in the timelines as identified in the Invitation for Bids. Any changes to completion dates must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor $402,432.00, 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. DocuSign Envelope ID: D68135814-F127-4C82-8253-B51 D8AFBFC7E 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 WIM Tie wo covered under the subject amendment. COPY ARTICLE VIII. STANDARD PROVISIONS The CONTRACTOR 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. CONTRACTOR TO HOLD C= 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. Signatures. By placing their signatures below, each individual affirms that the entity they represent is authorized to enter into this Agreement, and further affirm that they are authorized by the entity they are representing to bind their respective parties to the terms and conditions of this Agreement. DocuSign Envelope ID: D613135814-F127-4C82-8253-B51 D8AFBFC7E APPROVED: EDocuSlgned by: �� d'JFFA9Q7nFptdON City Attorney SONSEEKER POOL MASONRY LLC. DocuSlgned by: COPY [Z-By: n `An74 n89S740d Gloria Barajas CITY OF OSHKOSH DocuSlgned by: By: Mark A. Rohloff, City Manager DocuSlgned by: And: Qe R. F� n Diane Bartlett, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. F �DocuSlgned by: � n C-J. 930AC4EBDABD4DC City Comptroller DocuSign Envelope b: D613135814-F127-4C82-8253-B51 D8AFBFC7E CITY OF OSHKOSH INVITATION FOR BID: PLASTERING REPAIR AND RESTORATION- LEISURE POOL copy POLLOCK COMMUNITY WATER PARK Page 1 of 2 From: SonSeeker Pool Masonry (bidder's company name) BID PROPOSAL DEADLINE: THURSDAY, MAY 2, 2024 by 11:00 A.M. Date: 4/22/2024 Addenda: Receipt of Addenda numbered of 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 bid specifications for 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 scope of work 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 FOR PLASTER RESTORATION AND REPAIR OF THE POLLOCK COMMUNITY WATER PARK LEISURE POOL PER BID SPECIFICATIONS: 402,432 Four Hundred Two Thousand Four Hundred Thirty -Two (Base Bid Price — in Words) WARRANTY DETAILS: Please see attached pages for warranty information. Warranty information can also be found on pages 3-5 of the proposal. 21 DocuSign Envelope ID: D61385814-F127-4C82-8253-651 DSAFBFC7E CITY OF OSHKOSH INVITATION FOR BID: PLASTERING REPAIR AND RESTORATION- LEISURE POOL COPY POLLOCK COMMUNITY WATER PARK BID PROPOSAL FORM Page 2 of 2 That I have examined and carefully prepared this Proposal from the Bid 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. SIGNATURES Date: 4/22/2024 Name of company: Sonseeker Pool Masonl[r, LLC Submitted by: (name/titlerad Weis. Director of OperatiomEmaiL• brad (cDso nseeker. com 120 E Lakewood Blvd, Ste 30, Holland, M� 49424 6 Address of Company: Phone: (16 } 531-9999 Company Representative that will be named Project Manager for this project, if awarded the bid: Brad Weis, Director of Operations Name Title Company Representative authorized to sign contracts electronically via DocuSign: Name: Gloria Barajas Email: gloria sonseeker.com 22 D : 0 0111] Contract Number N/A Bond Number B 1306380 Date Bond Executed (Date of Contract or Later) March 27, 2024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Sonseeker Pool Masonry, LLC 120 E. Lakewood Blvd., Ste 30 Holland, MI 49424 SURETY(IES) (Legal Name(s) and Business Address(es)) Selective Insurance Company of America 40 Wantage Ave. Branchville, NJ 07890 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 CITY OF OSHKOSH Type of Organization ❑ Individual ❑ Partnership Ox Corporation State of Incorporation Michigan Penal Sum of Bond (5%) Five Percent of the Attached Bid** OBLIGATION Plastering Repair and Restoration - Leisure Pool Pollock Community Water Park The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this Contractor within the time specified in the bid documents or within such time period as may be agreed upon between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business days of written notice to the Contractor and Surety of Owner's intent to make a claim upon this Bond. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. If the Contractor either enters into a contract with Owner in accordance with the terms of the bid and gives such bond(s) that may be specified in the bidding documents for the faithful performance of the Contract and for the prompt payment of labor, materials and supplies furnished for the purpose thereof; or pays to the Owner the difference between the amount specified in the bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered in such bid, then the Surety and the Contractor shall have no obligation under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery, or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Sonseeker Pool Masonry. LLC Na e o fy rincipal/Contractor Titi grtan J.Mgtov�.e.t �wnllt- �0 Selective Insurance Company of America Name of Suret Title Barry W. Berman, Attorney -in -Fact Selective Insurance Company of America S E L E C T I V E 40 Wantage Avenue BE UNIQUELY INSURED", Branchville, New Jersey 07890 BondNo.B 1306380 973-948-3000 POWER OF ATTORNEY SELECTIVE INSURANCE COMPANY OF AMERICA, a New Jersey corporation having its principal office at 40 Wantage Avenue, in Branchville, State of New Jersey ("SICA"), pursuant to Article VII, Section I of its By -Laws, which state in pertinent part: The Chairman of the Board, President, Chief Executive Officer, any Executive Vice President, any Senior Vice President or any Corporate Secretary may, from time to time, appoint attorneys in fact, and agents to act for and on behalf of the Corporation and they may give such appointee such authority, as his/her certificate of authority may prescribe, to sign with the Corporation's name and seal with the Corporation's seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power and authority given him/her. does hereby appoint Barry W Berman its true and lawful attorneys) -in -fact, full authority to execute on SICA's behalf fidelity and surety bonds or undertakings and other documents of a similar character issued by SICA in the course of its business, and to bind SICA thereby as fully as if such instruments had been duly executed by SICA's regularly elected officers at its principal office, in amounts or penalties not exceeding the sum of. $500,000.00 Signed this 27th day of March , 2024 SELECTIVE INSURANCE COMPANY OF SEAL By: 2i Brian C. Sarisky 41P.— Its SVP, Strategic Business Units, CommeE STATE OF NEW JERSEY : :ss. Branchville COUNTY OF SUSSEX On this 27th day of March 2024 before me, the undersigned officer, personally appeared BWa C,,$.qrisky, who acknowledged himself to be the Sr. Vice President of SICA, and that he, as such Sr. Vice President, beirW e./$ #49 do, executed the foregoing instrument for the purposes therein contained, by signing the name of the cQl �tion by h;l*1 as Sr. Vice President and that the same was his free act and deed a the free act and deed of SICA. $ �306,ATA9y :� Charlene Kimble ' NOTARY PUBLIC AVB��G STATE OF NEW JERSEY In # N Notary Public MY COMMISSION EXPIRES 6=6 ''�Al,* The power of attorney is signed and sealed by facsimile under and by the authority of the following Resolut1" ft lad4pll:d by the Board of Directors of SICA at a meeting duly called and held on the 6th of February 1987, to wit: "RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the use of a facsimile corporate seal, facsimile signatures of corporate officers and notarial acknowledgements thereof on powers of attorney for the execution of bonds, recognizances, contracts of indemnity and other writing obligatory in the nature of a bond, recognizance or conditional undertaking." CERTIFICATION �4�,t�E COo4 I do hereby certify as SICA's Corporate Secretary that the foregoing extract of SICA's By -Laws and Reso Vim\ force and effect and this Power of Attorney issued pursuant to and in accordance with the By -Laws is vale SEAL 1926 � Signed this 27th day of March 2024. if n 'i % , ti H. Lanza, SICA Important Notice: If the bond number embedded within the Notary Seal does not match the number in the upper I B91 (4-14) right-hand corner of this Power of Attorney, contact us at 973-948-3000. 40 Wantage Avenue Branchville, New Jersey 07890 973-948-3000 PERFORMANCE BOND The American Institute of Architects, AIA Document No. A312 (March, 1984 Edition) Bond No. B 1306380 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Sonseeker Pool Masonry LLC 120 E. Lakewood Blvd, Suite 130 Holland, MI 49424 OWNER (Name and Address): City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business) Selective Insurance Company of America 40 Wantage Avenue Branchville, NJ 07890 Date: May 17, 2024 Amoun€our Hundred Two Thousand Four Hundred Thirty Two Dollars ($402,432.00) Description (Name and Location): plastering Repair and Restoration -Pollock Community Water Park Leisure Pool - PO #240653 BOND Date (Not earlier than Construction Contract Date): May 23, 2024 AmountFour Hundred Two Thousand Four Hundred Thirty Two Dollars ($402,432.00) Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Sonseeker P ry L Signs /� Name and T' e:';, I n ; ktAIon (Any addih'Ordf signatures appear on page 3) .. I�1 Company: (Corporate Seal) Selective Insurance Company of America Lh Signature: udf Name and Title: Attorney-in-Fact,Cheryl Hughes (FOR INFORMATION ONLY Name, Address and Telephone) AGENT: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): CONSTRUCTION BONDING SPECIALIST LLC 42400 GRAND RIVER AVENUE STE 101 NOVI, MI 48375 B-215 (5/87) A312-1984 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Con- struction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Sub- paragraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contrac- tor Default; and 3.2 The Owner has declared a Contractor Default and for- mally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Con- tract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Con- tract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for per- formance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's con- currence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, .2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Con- tract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construc- tion Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Con- struction Contract, the Surety is obligated without duplica- tion for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract. 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction 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, ex- ecutors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the loca- tion in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two year 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 B-215 (5/87) A312-1984 defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incor- porated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Con- struction Contract after all proper adjustments have been made, including allowance to the Contractor of any MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: amounts received or to be received by the Owner in settle- ment of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or other- wise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: (Corporate Seal) B-215 (5/87) A312-1984 3 40 Wantage Avenue Branchville, New Jersey 07890 973-948-3000 PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (March, 1984 Edition) Bond No. B 1306380 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Sonseeker Pool Masonry LLC 120 E. Lakewood Blvd, Suite 130 Holland, MI 49424 OWNER (Name and Address): City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business) Selective Insurance Company of America 40 Wantage Avenue Branchville, NJ 07890 Date: May 17, 2024 AmountFour Hundred Two Thousand Four Hundred Thirty Two Dollars ($402,432.00) Description (Name and Location): plastering Repair and Restoration - Pollock Community Water Park Leisure Pool - PO #240653 BOND Date (Not earlier than Construction Contract Date): May 23, 2024 Amount: Four Hundred Two Thousand Four Hundred Thirty Two Dollars ($402,432.00) Modifications to this Bond: ❑ None ® See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate S Sonseeker Po o y LC Signatu Name an le: (1A�n WlA�OY�e � C (Any appear on page 6) SURETY Company: (Corporate Seal) Selective Insurance Company of America Signature: Name and Title: Attorney-in-Fact,Cheryl Hughes (FOR INFORMATION ONLY Name, Address and Telephone) AGENT: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): CONSTRUCTION BONDING SPECIALIST LLC 42400 GRAND RIVER AVENUE STE 101 NOVI, MI 48375 B-215(5/87) A312-1984 4 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equip- ment furnished for use in the performance of the Construc- tion Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or en- tity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until. 4.1 Claimants who are employed by or have a direct con- tract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is be- ing made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the contractor: .1 Have furnished written notice to the Contrac- tor and sent a copy, or notice thereof, to the Owner, within 90 days after having last per- formed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any com- munication from the Contractor by which the contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the condition of Paragraph 4, the Surety shall promptly and at the Surety's ex- pense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challeng- ing any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor fur- nishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdic- tion in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Sub- paragraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construc- tion Contract, whichever of (1) or (2) first occurs. If the pro- visions 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 signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient com- pliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incor- porated herein. The intent is that this Bond shall be construed B-215 (5/87) A312-1984 5 as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall pro- mptly famish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct con- tract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms " labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equip- ment used in the Construction Contract, architectural MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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 equip- ment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 153 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 is replaced with the following: 6. When the Claimant has satisfied the conditions of Section 4 and provided the Surety with a swom proof of claim and satisfactory evidence in support of its claim, then the Surety shall promptly and at Surety's expense send a response to the Claimant, with a copy to the Owner within 45 days after receipt of the sworn proof of claim and supporting documentation, either 6.1 advising the Claimant of any deficiencies in the documentation submitted and requesting supplemental or omitted documentation; or 6.2 stating the amounts that are undisputed and the basis for challenging any amounts that are disputed and pay or arrange for payment of any undisputed amounts. In the event the Surety shall not act within the 45 day period, then the Claimant shall be entitled to legal interest beginning on the 45th day on any amount the Claimant establishes as properly owed to it by the Surety for labor or material supplied to the project and such entitlement to interest shall be the sole remedy available to the claimant for the Surety' s failure to act within the 45 day period. Nothing stated in this bond shall be deemed to waive the Surety' s or Contractor's right to dispute any part of the claim or shift the burden of proof or waive any of Surety' s or Contractor's defenses, offsets, causes of action and counterclaims in any action brought under this bond. (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: B 215 (5/87) A312 1984 6 Selective Insurance Company of America S E L E C T I V E 40 Wantage Avenue BE UNIQUELY INSURED "`' Branchville, New Jersey 07890 BondNo.B 1306380 973-948-3000 POWER OF ATTORNEY SELECTIVE INSURANCE COMPANY OF AMERICA, a New Jersey corporation having its principal office at 40 Wantage Avenue, in Branchville, State of New Jersey ("SICA"), pursuant to Article VII, Section 1 of its By -Laws, which state in pertinent part: The Chairman of the Board, President, Chief Executive Officer, any Executive Vice President, any Senior Vice President or any Corporate Secretary may, from time to time, appoint attorneys in fact, and agents to act for and on behalf of the Corporation and they may give such appointee such authority, as his/her certificate of authority may prescribe, to sign with the Corporation's name and seal with the Corporation's seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power and authority given him/her. does hereby appoint Cheryl Hughes , its true and lawful attorney(s)-in-fact, full authority to execute on SICA's behalf fidelity and surety bonds or undertakings and other documents of a similar character issued by SICA in the course of its business, and to bind SICA thereby as fully as if such instruments had been duly executed by SICA's regularly elected officers at its principal office, in amounts or penalties not exceeding the sum of. $500,000.00 Signed this 23rd day of May , 2024 SELECTIVE INSURANCE COMPANY OF Brian C. Sarisky Its SVP, Strategic Business Units, STATE OF NEW JERSEY : :ss. Branchville COUNTY OF SUSSEX SEAL C7 On this 23rd day of May 2024 before me, the undersigned officer, personally appeared Biiam C„$,qrisky, who acknowledged himself to be the Sr. Vice President of SICA, and that he, as such Sr. Vice President, beitl'i Fxess1,��6p do, executed the foregoing instrument for the purposes therein contained, by signing the name of the cQl tion by �i.iie"1 as Sr. Vice President and that the same was his free act and deed aad the free act and deed of SICA. It C2306 TAA/. :� = Charlene Kimble NOTARY PUBLIC 61.�G STATE OF NEW JERSEY ' ID # N/A Notary Public W COMMISSION EXPIRES 6YN26 ',iA,*W it�E �p,, The power of attorney is signed and sealed by facsimile under and by the authority of the following Resolutibii qdaptbd by the Board of Directors of SICA at a meeting duly called and held on the 6th of February 1987, to wit: "RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the use of a facsimile corporate seal, facsimile signatures of corporate officers and notarial acknowledgements thereof on powers of attorney for the execution of bonds, recognizances, contracts of indemnity and other writing obligatory in the nature of a bond, recognizance or conditional undertaking." CERTIFICATION E CC, I do hereby certify as SICA's Corporate Secretary that the foregoing extract of SICA's By -Laws and Reso force and effect and this Power of Attorney issued pursuant to and in accordance with the By -Laws is vat' SEAL its Signed this 23rd day of May , 2024. N n J 1 t� ALI 1926 H. Lanza. SICA Important Notice: If the bond number embedded within the Notary Seal does not match the number in the upper right-hand I B91 (4-14) right-hand comer of this Power of Attorney, contact us at 973-948-3000.