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Home My WebLink AboutBP Mechanical-OPM HVAC 2013 ORIGINAL CONTRACTOR AGREEMENT OSHKOSH PUBLIC MUSEUM HVAC MODIFICAT IONS THIS AGREEMENT, made on the 9th day of October, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and B & P MECHANICAL INC., 3200 W. HIGHVIEW 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 CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Tom Hietpas, Project Manager) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Jon Urben, General Services) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated 9-11-13, referred to as the"Invitation for Bid for HVAC Modifications Oshkosh Public Museum" and the Contractor's bid form dated 9/27/13. The Contractor's bid form is attached hereto as Exhibit A. If anything in the Contractor's proposal conflicts with the 1 CITY'S Bid Specifications or with this agreement, the CITY'S Bid Specifications and the provisions in this agreement 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 IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work will be completed as per the bid specifications and addenda schedules with full completion no later than November 30, 2013. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $287,000.00, 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 to 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 VII. 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 2 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 VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Bid Specifications dated September 11, 2013, which is fully incorporated into this Agreement. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. 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 /CONSULTANT By: C (Seal of Contractor (Specify Title) if a Corporation.) 3 By: (Specify Title) CITY OF OSHKOSH By: E � Mark A. hloff, City Manager (Witness) • 4 „ • 0, ta 1� /tL ` 1-��1 L-t.YC., And: i I (Witness) P. - - . '. ��'mewrf AnTA(1 �5�� jGc LC<,I t i9tLk CI rrt. APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City Attorney Z .Q avuoi City Comptroller 4 /XN/ TA OPM 2013-4 Oshkosh Public Musem HVAC Remodel 9-16-2013 SECTION---BID FORM PART1 —GENERAL 1.1 BID DUE: 10:00 a.m.on Friday,September 27,2013. 1.2 AT: City Clerks Office,Room 104 City Hall 215 Church Avenue. Oshkosh,Wisconsin 54903-1130 Phone(920)236-5100 1.3 PROJECT City of Oshkosh Public Museum HVAC Modifications 1331 Algoma Blvd Oshkosh,WI 54901 1.4 BID PROPOSAL: A. We. B & P Mechanical, Inc. Of, 3200 W. Highview Drive, Appleton, WI 54914 Street City State Zip Code Telephone: 920-733-3303 Fax Number: 920-733-9319 Submit our proposal for performing the Work for the above Project. 1. 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. 2. 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. 3. All Bids exclude Wisconsin Sales. 4. MANDATORY Site Visit must be attended by representative from the firm on Monday, September 16,2013 at 9:00 am. Meet in the Lobby of the Museum. INSTRUCTION TO BLL)UEKS 00070-2 OPM 2013-4 Oshkosh Public Musem HVAC Remodel 9-16-2013 Bid Form 1.5 BASE BID- (1B thru 12B) Demo the existing AHUs MZ-1,AC-1 &their associated,ductwork,piping and condensers,then replace with new. Chemically clean existing boiler piping system, Rebuilt all flow valves going to all hot water coils. Install new VFD fans on both AHUs and return fans,install new VAVs with booster coils in MZ-1. Insulated all ductwork in MZ-1 &AC-1 Mechanical rooms, Replace diffusers and marked as needing to be replaced or added. Replace AC-2's fan coil unit. Replace oldest boiler in boiler mechanical room,rebuild pumps and valves connected to,insulate all new piping and ductwork and upgrade pneumatic control system to handle new controls,balance all water and air system to drawing specifications. Coordinate the installation time frame with the Museum Director and maintenance staff. Fo The Sum Of: I!(J 4#//0)Y S X / moist itOct�6f�-P (Dollars)$ � G 0,9� fl dcl - — 1.6 ALT BID-1A Replace Supply Ductwork outside AC-1's mechanical room as shown on drawing sheet M-1. Coordinate the installation time frame with the Museum Director and maintenance staff For The Sum Of: - �� M'fr' l 4/ d 0.1 A- 4A (Dollars)$ 1.7 ALT BID-2A Rework ductwork,add cooling RAC-3 and relocate thermostat in Gift Shop as shown on drawing M-2. For The Sut Of: `. /lig re ,/ /1)0 -'/A A',b (Dollars)$ r3/d ea. 1.8 ALT BID-3A Replace four system pumps with VFD pump,In Boiler Mechancial Room rebuild all valves and strainers with new components,install a primary/seconday boiler pumps on new and existing boiler. Control all changes with existing pneumatic DDC control system. Install a pressure sensor out in the system as shown on drawings. For The Sum Of,. c✓1,1 ir O/'if nil aiiJ1 A/O (Dollars)$ P 1, d cra. INSTRUCTION TO BIDDERS 00070-3 OPM 2013-4 Oshkosh Public Musem HVAC Remodel 9.16-2013 1.9 ALT BID-4A Same as Alt Bid 3A,with a change of replacing all existing valves pumps and balancing valves in Boiler Mechancial Room with new. For The Sum Of; r�`d r/i'O V fA (Dollars)$ l/j /U°- 1.10 ALT BID-5A Replace all pneumatic control valves with electronic control valves and integrate to existing computer hardware and remove all pneumatic control components. For The Sum Of: f ' ✓/114/FA/ ��si Dollars)$ d O. 1.11 ALT BID-6A Install two UV lights near the cooling coil in the Fan Supply Side of MZ-1 and AC-1. Make sure all components exposed to this light are UV resistant. Also install toggle just outside AHU cabinet to turn light on or off. For The Sum Of: r 1fe; /< !i 1,+ dif A Air (Dollars)$ .6vD..- 1.12 PROPOSED SUBCONRACCTOR LIST ELECTRICAL: ,/1- S f� r CONTROL: /5. 6. I MECHANICAL: / P � I�� (`' h I/NAT/ �4-7 INSULATOR: 6 OTHER: (v/ar c t k 7 -- C C' ADDENDUM ACKNOWLEDGEMENT We herby acknowledge receipt of and have thoroughly examined the written addenda(s) issued prior to the Bid Date in association with this Project. These Addenda are numbered 1 through 2 ,inclusive. We further understand that failure to fully list the numbers of all published Addenda may cause the Owner to reject this bid. 1.13 Submittals will be reviewed for general compliance with design concept and contract INSTRUCTION TO BIDDERS 00070-4 OPM 2013-4 Oshkosh Public Musem HVAC Remodel 9-16-2013 documents only. Full compliance with contract documents, Code requirements, dimensions,fit finishes,and interface with the existing Control System is the Prime contractor's responsibility. Within 7 days after award of contract,provide required submittals for approval to the HVAC Engineer. Contractor shall prompley respond to requests for additional information so that delivery and installation schedules are not delayed. 1.14 QUALITY ASSURANCE—REGULATORY REQUIREMENTS A. All work shall comply with the applicable code requirements in effect: Including by not limited to ASME,Division of Safety&Buildings Adminstrative Codes and other applicable Building or local codes in effect as of the contract date. B. The Contractor shall be fully responsible for obtaining all required approvals, permits licenses, inspections and certificates for this installation. The Contractor shall pay all permit fees,inspection fees,certificate fees,and licensing fees. As the Museum is a City of Oshkosh building there are no fees for City of Oshkosh permits for this project. 1.15 CITY OF OSHKOSH INSURANCE&BOND REQUIREMENTS Attached are the insurance and bond requirements for the City of Oshkosh, 1.16 CITY OF OSHKOSH CONTRACTOR AGREEMENT Attached is a sample contractor agreement that the successful bidder will be expected to sign upon award of this project. Bidders do NOT need to submit this agreement when submitting their quote form. 1.17 CITY OF OSHKOSH PREQUALIFICATION FORM Attached is the City of Oshkosh Prequalification Form. All bidders submitting a bid for this project must submit this form as per directions noted on the OFFICIAL NOTICE TO CONTRACTORS for this project. 1.18 SAFETY AND HAZARDOUS MATERIALS A. Contractor shall be solely responsible for initiating,maintaining,and supervising all safety programs and precutions and shall comply with applicable safety laws,good industry standards or practices,and take all reasonable precautions for the safety of their workers,City property,the Public,or City of Oshkosh employees, guests,or vendors. B. The City of Oshkosh retains the authority to approve all chemicals and lubricants prior to Contractor bringing them on site. The Contractor shall furnish a Material Safety Data Sheet and proper labeling for each hazardous chemical to be brought into the premises in compliance with OSHA Hazard Communication Standards,and track usage for EPA reporting purposes. 1.19 WARRANTY The installed equipment shall be warranted by the manufacturer for 1 year on the workings of the equipment. The contractor shall warrant installation work for 1 year from defects in workmanship. The warranty date shall start on the date of the final acceptance of the system by the City of Oshkosh, INS'1KUL: ION'10 bIUIJISKS 00070 5 OPM 2013-4 Oshkosh Public Musein HVAC Remodel 9-16-2013 1.20 PREVAILING WAGE The State of Wisconsin Department of Workforce Development has issued a Prevailing Wage Determination for this project. This determination is attached, 1.21 SCHEDULE A. Work shall be pursued during regular working hours until complete. This work must be specifically authorized by Jon Urben or another authorized representative of the City of Oshkosh. B. All work schedules shall be submitted and coordinated in advance to the designated City of Oshkosh representative and Consultant. 1.22 INSTALLATION A. Contractor shall patch and reassemble the Boiler(B-2)to the satisfaction of the City of Oshkosh. 1.23 EQUIPMENT UNLOADING Contractor will be responsible for all costs to unload all HVAC equipment being delivered to the Public Museum and will coordinate with HVAC Equipment Supplier in the scheduling of these unloadings. 1.24 PRODUCT DELIVERY, SITE ORGANIZATION AND CLEANUP A, Contractor shall keep work areas orderly and free from debris during the course of installtion and clean up on a daily basis. If areas are not kept clean,the City of Oshkosh may demand immediate cleanup or clean those areas and deduct cost from contract. B. Contractor shall regularly remove trash,materials,cartons,etc. generated by their work from the premises, C. Clean outside surface of repaired and new equipment and adjacent areas of grease, dirt and other construction debris at the time of Substantial Completion. 1.25 TIME OF COMPLETION We,the undersigned,acknowledge a Substantial Completion date of October 28,2013 where the air must be flowing tempered air to the space as indicated above for Base Bid as set forth in the Contract Documents providing the Owner issues a Notice to proceed within Five(5)Calendar days from Bid Date, 1.26 SIGNATURES Name: B & P Mechanical, Inc. Address; 3200 W. Highview Drive, Appleton, WI 54914 Legal Entity: Corporation, Wisconsin _ weal, a Corporation,Partne ,If C orati s ale of incorporation and affix Corporate Seal) Title: CEO INSTRUCTION TO BIDDERS 00070-6 OPM 2013-4 Oshkosh Public Musem I-IVAC Remodel 9-16-2013 Hereunto Duly Authorized 4-:',,-,,.•V* 4.----;,.sa. Date: 9/27/13 Corporaii. eal VLCHAMCAL. tr ° f ' INC 1 . .0 End of Bid Form f 74 ..9 ... ItVtleiSe 0 OSVI:r .asa. 41,'ftrospilv.,Aami' • INSTRUCTION TO BIDDERS 00070-7 Bid Bond The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we B&P Mechanical, Inc. as Principal, hereinafter called the Principal, and Merchants Bonding Company 2100 Fleur Dr, Des Moines, IA 50321-1158 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 215 Church Ave P.O. Box 1130 Oshkosh, WI 54901 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. W H E R E A S,the Principal has submitted a bid for City of Oshkosh,Wisconsin, Public Museum HVAC Modifications 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 terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full for - and effect Si. and sealed thi. . 15th day of September 20 13 1 it 00011P B & P Mechanical, Inc. f Witness (seal) By: / (Title) Adir, 1,4%. fA Merchants Bonding Company Witness Ka*K. .n (seal) Robert Downey itle) Attorney in Fact 1 AIA Document No A310 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Robert Downey,Chris Steinagel,Christopher M.Kemp,Connie Smith,Michael J.Douglas of Hudson and State of WI their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION($5,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 24th day of October , 2012 . ,,.......,,,, . .......•,.. ,,,$T;��o.....' ."' •* .•.. .7A•. MERCHANTS BONDING COMPANY(MUTUAL) • �: .. ' :•(O,•DAPORa.9y. MERCHANTS NATIONAL BONDING,INC. .��- 2003 .:.0 i :Q• 1933 .c:......„,.,...v�. .yv. c`+• By•STATE OF IOWA ',. •,•* �.+`�• •••.V t `•0 COUNTY OF POLK ss. .."'n".... ...... President On this 24th day of October , 2012 ,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is 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. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. MARANDA GREENWALT 4,,,f.106s-211,„ Commission Commission Ex ires My Commission Expires f? 1.4..aai ° October 28,2014 Notary Public,Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the 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 day of 5tpic_ )),,u,/29.IP - • • �,.�",c‘0 Ike,. •. COCA. .�f,to 0�¢4 . AP.-c, P 0 A 1 ••• l/�l p 9 y � "�: -0- s71.c •r'•— -0- v • ' `_• ;a' 1933 'c' Secretary v.• 2 C 03 ;'.n •tiJ. •ctir:• POA0014 (11111) , dam' ...,•,0 4:c '• d°' .... .•`;0 ,4... •„0,•,0J, .••�y ... /'...4, BPMEC-1 OP ID:SM '4�,°.RO� CERTIFICATE OF LIABILITY INSURANCE DATE 09/27O/YYYY) 09/27/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMAl1VELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER g Bay 920-437-4179 PHONECT FAX Anse &Associates-Green Ba 419 S Washington St [AICA Lo.Eel); (NC,No): PO Box 22368 ADDRESS: Green Bay,WI 54305-2368 Shannon P VanLaanen INSURER(S)AFFORDING COVERAGE NAIC k INSURER A:Acuity,A Mutual Ins Co 14184 INSURED B&P Mechanical Inc INSURERB: 3200 Highview Drive INSURER C: Appleton,WI 54915 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR INSR WVO- POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 100,00, A X COMMERCIAL GENERAL LIABILITY X X07710 01/01/13 01/01/14 DAMAGE TO RENTED 250 QQ 1 PREMISES(Ea occurrence) $ , X CLAIMS-MADE OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,001 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,000,001 —7 POLICY X TA: LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000 000 (Ea accident) $ , , A X ANY AUTO X X07710 01/01/13 01/01/14 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB 1 CLAIMS-MADE X X07710 01/01/13 01/01/14 AGGREGATE $ 6,000,001 DED X RETENTION$ 0 $ WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE X07710 01/01/13 01/01/14 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,001 If yyes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UMIT $ 500,000 A Hired Equipment X07710 01/01/13 01/01/14 Limit 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) When required by written contract The City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are included as additional insureds on general liability coverage by endorsements CG7191 04/10 (ongoing ops) & CG7242 04/10 (completed ops) on a primary and non-contributory basis and under the auto liability by form CA7214 10/98. CERTIFICATE HOLDER CANCELLATION . CIOSOS2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 AUTHORIZED REPRESENTATIVE 215 Church Avenue -- Oshkosh,WI 54903-1130 +'L-tie... 1'Y1O tt'& I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD: CODE CIOSOS2 BPMEC-1 PAGE 2 ' INSUREDS NAME B&P Mechanical Inc OP ID:SM DATE 09/27/13 30 Day Notice of Cancellation to City of Oshkosh. 1 Bond# WIC 55174 THE AMERICAN INSTITUTE OF ARCHITECTS X k4k AlA Document /1312 Performance Bond Any singular reference lo Contractor, Surety. Owner or other party shall he (onsiclered plural where applicable. CONTRACTOR (Name and Address): SIJRFTY (Name' and I'rinri11al Plata' of Ructiie.si. B&P Mechanical, Inc. Merchants Bonding Company 2100 Fleur Dr 3200 W Highview Dr P.O. Box 2002 Appleton,WI 54913-2002 Des Moines, IA 50321-1158 OWNER Oslarne and Address): City of Oshkosh 215 Church Ave P.O. Box 1130 Oshkosh,WI 54901 CONS!RUC IION CON 1 RAC I Date: October 9,2013 Amount: $287,000,00 Two Hundred Eighty-Seven Thousand and 00/100 Description (Name and Location):public Museum HVAC Modifications BOND Date Not earlier than Construction Contract Date): October 14,2013 Amount: $287,000.00 Two Hundred Eighty:Sevens kojsand and 00/100• vtodilitaliorts to this Bond: X Norte I See Page .3 CON 1RAC1 OR AS PRINCIPAL 'i;'Kt TY Company: ,C:or rrtt ;Sell) (( rnpan C orporatc "caii B&P Mechatomn.i ea f . Merchants Bonding Company Signature- I Signature: 4 - __ _..._.._ Name and title: `1110enc s PAPri,$ '�'+ilrne and Tiilt': C U ,," Robert Downey tAny additional signatures appear on Attorney-in-Fact FOR INFORMATION ON!Y—Name. Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE IArt hitee 1, Engineer or J.Ryan Bonding, Inc. other partvi.Not Applicable P.O.Box 465 Hudson, WI 54016 (715)377-8230 — MA DOCUMINT A3t2• Pt.Rr(.IRMA-cr rioso Mart`) FAYtilAI HYAD• Mc{tli k Fwitii ICI •Al TN{A,MtRICAtr 'NSW l ik in ARt ti,TT(".rs I-I:1 AtW VORIv A'1#. ..ti.11'.. L1-13 HIYt,li3. 0.1 !urnlr, A312-1984 1 THIRD)PRI ArINC;+Mt,+,R(H 1')8J Bond# WIC 55174 1 the Contractor and the Surety', jointly and se•reralhv, wwhith it maw be liable to the Owner an(!, as hind themselves. their heirs, executors, administrators, soon as practicable alter the•an t unt is dete r- suctessors flit.l assr;ttres Io the Owner for the performance mined. tender pavment Ihe•rl for to the it the Construction Contract,which is incorporated herein C)wwner: or by rG It:rente. .2 Denv liability in whole or in part and nertltt the 2 It the Omura(nu pethnnts the (.u17,trutli( 1 f rarrtrat-r, t.)Wntlr Siting reat,ona thertfor. the 5tart't° and the C ontrit—kir sh,ifl have net nbir:attori unit r the. Bond, except t,o partie.rt?attr in conferences ax 5 It the Surety'does not proceed as provided in t'ar�gfaliht p11(11 h in Subparagraph .3,t. !with reasonable pinnipint•ss. the•'ure•Is st1,I i Ire•decreed ID he net default ore this Bond(Meer)days atter re•e eitit tit art 3 It there is no Owner t)i`tarilt, the Surety'- tttllit;.Itinri atldititlnaf w'riiten niitit e fnirn the {hirer to the '~urea under chi. gzand shag arise after: demanding that Inv Surety perform its obligatioiss w,ttcler {.! The Owner has notified the Contractor and the the,.Bond, and the Owner :i-taif be entitled to entorr e.,ne ' remedy available tit Iht" C)wwrt •r. It the tiurr•ty prt)te,etis .1, Surety al its address described In Paragraph Ill ht,10w pros-it-led ill Subpareegra pit 4.4 and the Owner refuse-.Iho that the Owner is considering declaring a Contractor payment rendered or the Surer', has (tensed lia'ailitw- in Default and has requested and attend fed to arrange,t whole or in part wwrihout further notice the Owner r shall he conference with the Contractor and the Suren' to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notic e to discuss methods of performing the C'on,trin- 6 After the Owner has tern)ir),-iced the Contr.,'Ii ir , ri}:tit lion Contract. It the Owner. the Contra(stir ,aric$ the to-complete the Construction Contract, and It the Sweet. ,urt°ty agrt•(•. the.-•C-.ontrac for shall be allowed a reason- elects ttl act under Subparagraph 1.1. 1.2, or 1 3 ,7hrrve, able time to perform the Construction Contract, but then the responsibilities o1 the 5uretw to the Owner ,hall such an agreement shall not waive the Owner's right. it not be greater than those or the C-onirae for uniter III any,subsequently to declare a Contractor i)elat)Ir: and Conslru(lion Contract, and the responsibilitie"s of the Owner to the Surety.half not be greater than Iho,e 01 the 3.2 The Owner'has de lased a(:cinfra(tor Delimit and Owner under the Construction Contract_To the limit 01 the formally terminated the Corltract0r'y right to complete amount of this Bond, but subject ter a ornrnilnwrit Ir the the contract. Such Contractor Default shall not be de Owner of the°Balance 4 it the(i tritratcI Price tit mit lt'•alir in 1)1 dlared e.:rlier than twenty days atter the Contractor and costs.and damages on I he Construe lion Contra(t.rho..tiurc• the Surety have received notice as provided in Soh tv i, Obligated without duplication tor: paragraph 3.1: and 6.1 The responsibilities of the CitotIat lot for i orre s- 3.3 The Owner has a€.set*CI to paw` the Balance of the iron of deice tiye work and r omple'lit in o1 the( irnslrrri- ( ontrarI Price to the Surety in accordance with the bon Contract: terms at the Construction Contract or to a contractor selected to perform the Construction Contra* I in as t or- 6.2 Additional legal, design professionaal and tlel_s dance with the terms ref the' cuntrjt,t wsittt the Owner,ner, tt sl, resulting from the C.ontractor's i)elautt. .and re- sulting Irnm the actions or latlure to act e)1 the `+w.re!h 4 When the Owner has satisfied the condition, of Para under Paragraph 4; and graph I. the Surely',head promptly and at the Surety's es- pense take one of the following actions: 6.3 Liquidated darnat;es. 4 t it or,) liquidated damages are specified in the ( etrtstrne 11(30 1'rinlrar t..u.tub clam 4.1 Arrange for the Contractor, with ce)31'.+m t of the ages 3 auserl Irv- delayed pertorrrtnte or non•pe•rtur- Owwner, to perform arid complete the Construction mance ill the Contractor. Contra(I; or 7 1 he Surely shall not be liable tot the Owner or tittu rs for 4.2 t..In(ityr lake Itaperformand'completetheC.onstrui- obligation&of the Cont rat.tor that.ire unrelated tothe•(iin.. lion Contract rtsett,thaowi_h its agents or through<ncte-' stru(titr0 C'e)otraia I, anti the 1lalaln(r' of the Contract t'ritt• pendent contractors; or shall not be redo(ed or set ate on actuunt of am ,ut ti 4.3 Obtain bids or negotiated proposals from unrt'tated cbtit ations. ."so right of at lion sl):,li ill I sin- on qualified contractors acceptable to the Owner tor a this(fond to any person or emits eatbet than the()wrier or (detract fur performance and completion of the Crm<. its hers, etecutor c, arlrnin ietr,liyry or •t,)e,Le••or•. '.friction -Contract,. arrange for it contract to he 1'xa•- par(sd for t`�etulitun by the Owner and the t c)tttrrU ins t The Surety hereby waives notice tat any change. induct ing change!: of time., ti_) the (orn.trutlion Contrail or to selected with the concurrent to bi.SO(ur4rt with t)erirarrrtaT1te and payment bonds executed by a te.talt-il subtelntrar:t,, purchase 0(1'1 1'4 and Crater ohlir;,a- qualified surety equivalent to the bonds issued on the buns.. Construction Contract, and pay to the (Owner the* 9 Arty proceeding;, legal or equitable, under this Bond amount of damages as described in Paragraph(,in ex- may he instituted on anw•court co competent jurr,rlitlion in less of the Balance of the Contract Price incurred by the the location in which the work or art tae the work is lot.date d Owner resulting tram the Contractor's default; or and shall he instituted within two years aster Contlarcur 4.4 Waive its right to perform acid c omplete.;arrange Default or w+thin Iwo years after the- Contra,for s eased for completion, or obtain a ness contractor iris! with working or within two years atter the Suit It rr•i uses or fails reasonable pr<trriptn(s, acetate the* (Fr(urrtsiant.t"s to perform its obligalrorls under this gond,nhicheyer oc- curs first. It the provisions of this Paragraph are yoi(1 or .1 After investigation, determine the euntrunt tur prohibited by law,the mintrintrn period or limitation avail- MA DOCUMENT A312 • PERrOitAtarsit ti()5h) AND t'At•,sle';r BOND•ofC(xid&CR 144 MIt. • All t. -- ti#I. AAtIRICAN INSI1i0th cat Athc 03Tt('T5. 171=, \r'tA NOR*, AVE r.IA ,w':AStti,rt,1e)\. I).(- ?<'WM A312.1984 TII1R;)PRINTING• MARCH 1 slet' Bond# WIC 55174 able to sureties as a defense in the :jurisdiction nt the suit tractor (It any amounts received or to be received by .hall he applicable. the Owner in settlement of insurance or other claims 10 Nratuelu the'Strrc�ty.ittr°Cllvnerrrr the t:,vntracturshall for damages to which the Contractor is entitled, re- in by all valid and proper paymentA made to or on he mailed or delivered to the address shown on the sig- nature page. bt?n Ott or the Contractor L7 Oder tKP? prtitr �;t,i[>ri Con. t rec:t. 11 When this Bond has been furnished to compli with a 12,2 Construttiort Contract: the agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sign thi Construction was to be performed.any provision in this nature page, including all [:antra<t +)nrc,rn.antc and Bond (outfitting with said statutory or fegat requirement changes thereto shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default 1'aitvra of the (rsntrattor, he deemed incorporated herein. The iritertt rs that thiy which has neither been remedied nor waived. to per- Burnt shall be c;on4lrised as a statutory bond and not as a Corm nr ntherwice to comply with the terms tat the common law bond, Construction Contract. 12 DEFINITIONS 12.4 Owner De fault:Failure of the Owner,which has 12.1 Balance of the Price: The total amount neither been remedied nor waived, to pay the Con- 12.1 payable by the t Owner t the Price: The t under the tractor as required by the Construction Contract or to perform and complete nr comply with the other terms Construction Contract after all proper adjustments have been made, including allowance to the Con- the,trot. MODIFICATIONS TO THIS BOND AItF AS FOIIOWS: None ISpace is provided tt+!lo rot additional scg. aturr•+c cii added parties. oilier than tho.*-.ippe.A irl.f; 00 the ( •r 1i.igc_-i CONTRA(;It OR AS PRINCIPAL SURETY Company: iCorporate Sell! Company tCorpotate Seal) Signature: _ Signature: Name and Title: Name and Title: Address: Address: - MA DOCIYME*iT A312•FERrORMAP.Cr 110140 AND PAYMENT ttotit7•CM:E BER -1%4 11) •Ala, rut.AMtkICAN INST1147t Sat ARO—tilL('is. 1'3'.NtW 5()Itti AVI..NM: WASIII1rc',i(PN, D.( ,4)(01} A312-1984 3 THIRD PRIN;INC•MARCH MY Bond# WIC 55174 THE AMERICAN INSTITUTE OF ARCHITECTS f #fob •I �9;A 4 l� A IA Document .A.3IJ Payment Bond Any ingular rel ri•r1Ce• lo Conirlctor. Surett: (.)eArlor or r11t1oi part% b ecanriclore•d plural ...ho e• .ipplieablo. CONTRACTOR tNamc and Address4: SURETY ‘Name and Prrru iprl Pia«e of Businessi- B&P Mechanical,Inc. Merchants Bonding Company 2100 Fleur Dr 3200 W Highview Dr P.O. Box 2002 Appleton,WI 54913-2002 Des Moines, IA 50321-1158 OWNLR INanw and Address). City of Oshkosh 215 Church Ave P.O.Box 1130 Oshkosh,WI 54901 CONSTRUCTION CON I RAC Date:October 9,2013 Amount $287,000.00 Two Hundred Eighty-Seven Thousand and 00/100 Description iNarne and location) Public Museum HVAC Modifications BOND Bate €Not earlier than Construction Curtlrta. 1 October 14,2013 Amount: $287,000.00 Two Hundred Eighty 8gveri?Tho 00/100 N„None Sick. Vag(' Mndilitatitln In Ihi4 Bur�d =++,,_ ,_ p ! `a E! T r` C()N1RAC:10K AS 1 RIN(11 AI Il ()Tonne Seatt .f C.<lrttpany Como r zt"e 'r itt ' �onparak, y `' ' � �a�a'r .,Clilc}ants Bonding Company l y Signature: r �1 Ott t.11r ; Narnt• and Title. ThOrrttS 'refit, and Title C 3 ,,re, , a A; obert Downey Any additional signatures appear on lea 6 : '„' Attorney-in-Fact ri OR WORM/WON ON1,y—.mine, Address anti Tete/Ain'Cr1 ACI-NI or I3RO(1-R., OWNCR"S Rt.PRISTNTATIVl t, Fnginerr <ir J.Ryan Bonding,Inc, other partvi;Nnt Applicable P.O.Box 465 Hudson,WI 54016 (715)377-8230 MA DOCUMENT A312•ptRTORVtAr+:t_E 13e •1) 0.;•,1) PAYMlwT f3C?'•.t)•t1}t_pvegttit lxnea ffr • a)0. ,; 4 ltif i1� I(:A;�1 I..1111111t Of ARt I1EC.l 1;.3i AE\Y YORK.ANA . >tb. i4AS)14NCTON n e' :r>t>t~c� THIRD P14r I;NG•,MARcti 1.41i7 Bond# WIC 55174 1 I he Contractor and the Surety, jointly and severally, 6 When the Claimant has s<ltistred the conditions of bind themselves. her heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay fear labor, Surety's expense take the following actions materials and equipment furnished tot use ire the prrtor b.1 Stand an answer to the{_lainlant, with a copy tr>> mance of the t onstrtietion Contract, which b incorpo the Owner, within k{i days after receipt of the claim. rated herein by reference stating the amounts that are undisputed and the Vases 2 SoVrth respect to the Owner, this obligation shall he for challenging any amounts that are dispute=d null and void if the Contractor: 6.2 Pay or arrange for payment rat any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts for all sums dot Claimants, and 7 the Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this(cold shall he Owner from claims, demands, hens or suits by any credited for any payments made in gocxf faith by the Surety person or entity who claim, demand, teen or suit is for the payment for labor, materials or equipment fur. 8 Amounts owed by the Owner to the Contractor under rushed for use in the performance of the Construction the Construction Contract shall be used for the ;wrfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond By described in Paragraph 12) ot any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work null and void if the Contractor promptly makes pay- ment, directly Of indirectly, for all sums due 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are urirelat• 4 The Surety shall have no obligation to Claimants ed to the Construction Contract The Owner shall not be under this Bond until: liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant.under this Bond,and shall have under this Bond no obli contract with the Contractor have given notice to the gations to make payments to give notices on b«half of Or Surety(at the address described in Paragraph 121 and otherwise have obligations to Claimants under this Bond sent a copy. or notice thereof, to the Owner, stating that a claim is being made under this Bond and. with 10 The Surety hereby waives notice of any change. substantial accuracy. the amount of the claim including changes of time. to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have fu:rn:ished written notice to the Con' 11 No suit or action shall be commenced by a Claimant tractor and sent a copy,or notice thereof, to under this Bond other than in a court of competent juris the Owner, within 90 days atter having last diction in the location in which the work or part ot the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim Stating.with date f1)on which the Claimant gave the notice required by substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 4 2 3. or (2)on which the laiit and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for oak or equipment were furnished by anyone under the non. whom the tabor was done or performed and struction Contract,whichever of(1)or i2)first Occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the rrmiriirnuft'i period Csf ltmttation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the soil shall he applicable within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety,. the Owner or the Contractor claim will be paid directly Or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt Uf notice by Surety, the .3 Not having been paid within the above 30 owner or the Contractor, however accomplished, shall days,have sent a written notice to the Surety be sufficient compliance as of the date received at the (at tlx:address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted heretrom and provisions con Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. he deemed incorporated herein Thr intent is that this AIAOO&OMlrr l l Aril eRrORMAVi r r4oM)AND PAYMrStmHO o•LACEuBER i is to •Ai ' A312-�98d 5 TOE Anatuu ANv;,srtrt;1t OF AXCHiltCtS.173i rrss sorzi: + 1 ∎s's c+ssiinanc'. n'. :(ss'ir THIRD NO-4i i i',•MARCH 14R' ' Bond# WIC 55174 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for pertormanre of the work nt the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract: 1heagreernentbPtwcen 15 DEFINITIONS the owner and the Contractor idenlitied on the sig- 15.1 Claimant!An individual or entity haw rig a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default:failure of the Owner,.whir h has merit for use in the performance of the Contract.The neither been remedied or waived, to pay the Con- intent of this Mond shall be to rrot-ludt:without limit a- tractor its required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water. gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL 5URCTY Company:ri (Corporate Seals Company: (Corporate Scab Signature: . — _ _. —.. Signature: Name and Title: Name and Title: Address: Address: AU DOCUMENT A312• PERtOFtMANC:E BOND AND PAYMENT BON()-tt£LtMltHlt 1ie4 FO. •ALA k 6 nil A.MrRICAN INSTITUTE Or ARCHITECTS. 1735 NEW YORK AVE., N.W..WASHINGTON.D C.20006 A312-1984 MERCHAN �T1 BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa (herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Robert Downey,Chris Steinagel,Christopher M.Kemp,Connie Smith,Michael J.Douglas of Hudson and State of WI their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION($5,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "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 Witness Whereof,the Companies have caused this instrument to be signed and sealed this 24th day of October , 2012 . ,�.,`4r..ta(t..< ..*.v. •.•.7 •. MERCHANTS BONDING COMPANY(MUTUAL)• ;�®j•••�D OR•4f•©0•`: ;�m��ORPO 4 1y. MERCHANTS NATIONAL BONDING,INC. y • - v'• 2C�?3 ;i7).:. - ;y 1933 c, �(' .may. •d:• 774, �yy•••.. d , •'`1 • STATE OF IOWA 'ff� ,,+`` '•. 'r .• COUNTY OF POLK ss. •/,�+�''""�""",'� President On this 24th day of October 2012 ,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument is 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. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. L. MARANDA GREENWALTu • • Commission Number 770312 ; My Commission Expires °W October 28,2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the 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 114 r'day of ajx.N• ' ), . , . ....... "' • 0N.. Co ••"'...10144 • p . t•pCd : 0PU9 01/d i . :4,:•;•c,4 1 I. .Gam .c , i�� •, •a•' 1933 °•C Secretary / v 2003 r.n :tiJ. •�ti• POA 0014 (11/11) d rjv•... ••,-v .`� •'•dd�y �1'�:• • Bond# WIC 55174 THE AMERICAN INSTITUTE OF ARCHITECTS AM Document A.112 Performance Bond Any singular reference to Contractor, Surety. Owner or other party shall he considered plural where apptic able. CONTRAC TOR (Name and Address): SURETY (Name and I'nodnal Place of Ru;tne'sl: B&P Mechanical, Inc. Merchants Bonding Company 2100 Fleur Dr 3200 W Highview Dr P.O. Box 2002 Appleton, WI 54913-2002 Des Moines, IA 50321-1158 OWNER (Name and Address): City of Oshkosh 215 Church Ave P.O. Box 1130 Oshkosh, WI 54901 CONS!RUC I ION C:ON I RAC 1 Date: October 9,2013 Amount: $287,000.00 Two Hundred Eighty-Seven Thousand and 00/100 Description (Name and Locations:Public Museum HVAC Modifications BOND Date (Not earlier than Construction C::orttFa.0„ktitt 1: October 14,2013 Amount: $287,000.00 Two Hundred_Eighty-Seven,Thott`Sand and 00/100 Modifications to this Bond: C;y' one ; Sue Page .1 CON II RAC I OR r1`PRINCIPAL { at'itIL IY it r) Company: iCCorporaI `Iikili) ilipo nt': ?C.orporate Semi B&P Mechanic?,-ins !NC hants Bonding Company Signature- � 41 tture: 4.kg Name and title: ` 10n'° @hnT(• and 1-111e:e GCU � � ..0 Z •M,k ,:"°Robert Downey lAny additional signatures appear on pag ' a: }: Attorney-in-Fact iFOR INFORMATION ON!V—Name. Address and Telephone! AGENT or BROKER: OWNER'S REPRESENTATIVE 1Arrhitec 1. Engineer or J.Ryan Bonding,Inc. other party) Not Applicable P.O.Box 465 Hudson, WI 54016 (715)377-8230 MA DOCUMENT A:112•NRte_OR,MAN€E SO NO ft'()PAN T HOM)•r?OCI\trit t(). ••' . THE AMERICAN I NMI lu1r c)r AR(rsstt( P: 17$:5 \t4+, t'ORS, w+;t. .'.w 41..kl,HIti(,ION 1).1 .,sxa, A312-1984 1 THIRD PRINT 1N(,*MARCH 19H7 Bond# WIC 55174 'the Contractor and the Surety, jt;aintly and severally. whit.Ft it may he liable to the Owner .inch. as hind themselves. their heirs, executors, administrators. soon as practicable atter the amount is deti•r- sot(:t's,ors and assigns hi the Owner for the performance mined tender payment Ihert'tor to the of the t_r}rlstrLC'tartn Contract,which is incorporated herein C)w'nor: ter by rtterente Oyu's.'h.atuttty in whole or in part and notch 2 if the Contra',tilt perthou. the Cori-arm Contract. Owner t,rtrraw; rtarOna therefor. the surety and the Coarti(acleir shall have nit obligatDuii under Mrs Bond, except tr) parttw.tg)atr in t+)n'Iw r#"nir• az 5 It the Surety does not proceed a provided in t tragraltft provided in Subparagraph .3.1. 4 with reasonable promptness. the surety shall he deemed to be in de'iault on this Boni!tiiteen clays atter rt•r etltl eat,rte 3 If theme is no Owner Default, the Siirel ', (ihrli;,rtir)n additional written unite trirrn the (Jwwr-•er tta chi.` cute+,, under this Bond shall arise after! demanding that the Surety perform its obltf:atitrt*s under 3.l The Owner has runnier] the ((Pitt-actor and the this Bond, and the Owner-.hail be entitled h,t`otort ,ir;w remeth, tee the C),A•ner_ It the •;11rrav irroteccis a> Surely al its address described in Paragraph I13 b(105.% }x(elwidr'ci ir) Suhp)arat;r,+i)h•t.•i coca the'Owner re'tu.es the that the Owner is considering declaring a Contra(too Frati raae'nt tenx_terrcl or the Surely has dented IiatJttitw. in l)eiault and has requested and attempted to arr,tnite ww'he)ir or in part.Without turther notice the Owner shall he conference w+=it}i the Contractor and the Surety to be entetled to enforce any u rn['t1y asailalrle It, the Owner. held not Mater than fifteen days after reir'ipt of +tech runtte to discuss methods of performing the Construe- 6 Atter the Owner has terrnfrl,ited the Contra' it,r , rtf;ht trL)n Contract. 11 the Owner, the •C_ftndr,ia:tt.r and the to ccomplete the Construelrnn Contra(I, and it the suretw Surety agree, the Cont rat for..hall be allowed a reason- elects tat art tinder Subparagraph 4.1. l.!. or -t 3 above. ably time to perform the Construction Contract. but then the responsabihties of the Swett to the Owlet ,hall such can agreement shall not waive the Owner's right.rt not be greater than those or the Crtntrac for under the any.subsequently to declare a Contractor Detattlt; and Construction Contract,t. : arl the responsibilities iii the Owner to the Surety shall not be greater than those in the 3.2 the Owner has diet lareci a Contractor(r('a-ault and Owner under the Construction Contrail. 1'o the linmit 01 ttie formally terminated the Contractor's right to complete amount of this tiond, but ;ubjeci to e tammilmerit hw the the t tintrai.t. Such Contractor Default shall riot he de, Owner Of the Balance of the C.ootr acf Price tit lniut,,ttrt rrt iii (tared e:rhec than twenty days atter the Contractor and coot.and rid rri ti;e'srrrt the Con.i rut non C'ontratt the sure the Surety have receiv'e'd notice as poivided in Sob- ty is t)bitstatt:•d Without duplication Inc: paragraph 3.1; and 6.1 The responstbttttres 01 the (.i,nhactor for aerrre't- 3.3 The Owner has ai,rr't'tt ter pi' the flitin' o3 tht lion of detertiye titOil,anti t urtttili•Gtari nl 11)1' trnslrari C ontrat t Poet' In the Surety in accordance t+.ith the non Contract: terms of the Construction Contract or to a contractor selected to perform.the Construction C_ontr<it I inatcor- 6.2 Adrliiinurat legal, design professional and det:a, dance with the terns, lit the tmotrant with the Owner. ousts resulting frorn the C.ontratictr s Default. and it'• stittini; tram the actions or tailure tit act of the surc+. 4 When the Owner has satisfied the condition.. rtt Para- under Paragraph -t; and graph 3, the Surety shall promptly and at hi' i1irct\•'. ex- pense take one of the following actions: 6.3 Liquidated marriages, or it no liquidated damages are sp ecitfed in the Ceinstrn+lion i outran t,at turd dam 4.1 Arrange for the Contractor, with consent ot the ages e,+user! by delayed performance or nun•pt'rior, Owner, to pertoren and complete the Construction m:ant_t' ot the Contractor. Contra(I; or 7 the Surety shall not be liable tr+the( oner or others tzar 4.2 th ic;k'rtaket{y perform anci'complete the C:onstruc obligations ot the Contr at. in that AFC'unrelated to the on. lion Contract itself, thcough its agents or through,ndt•. strut hurt Contras t, ante the Ral,)nt t' or the Contract Prole pendent contractor.; or shall not be retli,ct. d or Mel oar on act bunt Mil ant .ui.Ii trraretated obligations. No right (ii at Ion ■h:elt :ti t roe Mtn 4.3 Obtain hid. or negotiated tircificis;ids frtaan !� right tivaiilicrf a"t`rrltrac tr>rs ti( _cptabte to the I Iwner for a this Bond to any person or entity other than th+'owner or (r,ntrdCl for ii riormance and completion ot the Con, nu. he:rc, executors, administrators or yticct!..or. struction Contract, arrange for a contract to be pre. pared for execution by the Owner and tFtt`l ttntrda tier $ the Surety Ile'rehy'4v�ti the nttifre.'01 any Ccm le. Int lu(i ing changes ot tins( to they Cor(.Fruction C'ontrart or to selected with the Owner's e-tortt;t+rrrrtee, to be,e? iered related !iaahtontrtactr, purchase circlet'; and nthe`r with pe rleirtrraor-e and payment bond, executed by a: qualified surety equivalent to th:e bonds issued on the Ur-iris.. Construction Contract, and i}ay, to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph €t to +'x- may be instituted in any court 01 r ornpt'tent turrsdiction in cess of the Balance of the Contract Price incurred by the the location in which the.'work or part of the work is located Owner resulting from the Contractor's default; or and shall he instituted within two years alter (Contra(tin 4.4 Waive its right to perform and complete. Default or within Iwo years alter the (.ontrac tor c eased for completion, or obtain a new contractor and with workirigorwwithintwo Ve'rr'attn'r au'Surety refuses or fails to perform its obligations under this Bernd,'ahithi`wer 0i:- reasonable promptness under the circumstances: void curs first. It the provisions of this Paragraph are void or .1 After invt' tig.ition. dt'tenmirte the amount oar prohibited by law, the minrntttm period or limitation avail- MA DOCUMENT A312• PtRroiln;AMA ttUM) AM) i'At.tiESl scects•O ctmatitR 1%4 II.) • Alit • t++t A..WRtr AV Inrstiturc OF .Attc tierce-TS• r-i■ vtaw ii Ri AVE is ww WASH1•tc;r()st. t).c .>cwcs A312-1984 2 7iil2rl rRrm:Tt'.-c,• MARCH t°tit? Bond# WIC 55174 • able to sureties as a defense in the jurisdiction of the suit tractor tit any amounts received or to be rereeved by shall be applicable. the Owner in settlement of insurance or other claims re- in Nolicr to l:he Sore! the Owner or the Contractor shall for damages to which the Contractor is entitled. duced by all valid and proper payments made to or on he mailed Or delivered to the address shown on the sig- t)ettalt ht the Contractor under the?Cons trt,ii,tiora Con- nature aZ e. P l; tract. 11 When this Bond has been furnished to comply with a 12,2 Con st rut lion Con tratt: he 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 this nature pale, including, all Contract .)oci,mo nic and Flood conflicting with said statutory or legal requirement changes thereto shall be deemed deleted hereirotn and provisions con- rorming to such statutory or other legal requirement shall 12.3 Contractor [}etault, Fatltire of the Contractor, he deemed incorporated herein. The intent is trial this which has neither been remedied nor waived, to pe r- flond shall be construed as a st,atutory bond and not as a form or otherwise to comply with the terms crt the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,whir tr has 12.1 Balance of ills, Contract Price: The total,anit>urst neither been remedied nor waived, to pay the Con- 12.1 by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms Meteor'.have been made, including allowance to the Con. Meteor'. MODIFICATIONS TO THIS BOND ARE AS-F 3t,EOWS: None !Space is provided below for additional signature,.of added parties. (Oiler than Ilanve-Appe arirtg(In the i Ovt r li.rgi...1 CONTRA(I OR AS PR1NCIPAt StAl-I Y Company. Corporate tiealh Company 'Corporate Sat Signature: Signature: _ Name and Title: Name and iith•: Address: Address: W DocumtNI A312- PEterOxninr:Cr BONO A`D PAYME*tr taONO•OCCE``tttER vi&e to •Si-S _ nit.AkitkiCAN INstill.it Ot At2C:HtrEurs, 1 73;NEW YORK e•t.. ti.•.v .WAY rrsr(:tt)N. 0( ,1r);01, A312-1984 3 Dun)',RINI iNc•MARCH a'5 7 Bond# WIC 55174 • THE AMERICAN INSTITUTE OF ARCHITECTS s'N -' �l 1k' MA Document r'l312 Performance Bond Any singular reference to Contractor. Surety, Owner or other party shalt he con id red plural where applicable. CONTRACTOR (Name and Address) SURETY (Name and PriOc oat Platt' ni FliPMF1t S): B&P Mechanical, Inc. Merchants Bonding Company 2100 Fleur Dr 3200 W Highview Dr P.O. Box 2002 Appleton, WI 54913-2002 Des Moines,IA 50321-1158 OWNER tNamc and Addre=ss): City of Oshkosh 215 Church Ave P.O.Box 1130 Oshkosh,WI 54901 CO S1RUCIJC)N C"UNiRAC Date: October 9,2013 Amount: $287,000.00 Two Hundred Eighty-Seven Thousand and 00/100 Description (Name and I ocationl Public Museum HVAC Modifications BOND Date (Not earlier than Construction :trrttract.,Oat&: October 14,2013 Amount $287,000.00 Two Hundred Eighty$'eaten tfivusand and 00/100 Modifications to this Bond: . None See Page 3 `ti CONtI AC1OR AS PRiN{_t6" t 9 sx :'� ,r '�+l:Rf_hY Company: t C ort)c � ' I E2 m rata!, r. B&P Mechanica�T' rr;. �.�-, 1 t.a;arlae:rrt-rir� tieaa., C( /� 1 , " Merchants Bonding Company Signature: I yp Signature: � Name and Tide: Thoarts 1� Narnt' and Title: COO S - Robert Downey tAny additional signatures appear on Dais. ' Attorney-in-Fact (FOR INFORMATION O,NI:,Y—Name, AdcJres, and Telephone, AGENT or BROKER: OWNER'S REPRESENTATIVE zArc hitc•t 1.. 1 nginr'er or J.Ryan Bonding, Inc. other prrtyi Not Applicable P.O.Box 465 Hudson, WI 54016 (715)377-8230 ATA DOX:RFMfNT 4112• P0Ytrt:Il•+ti, ±.'t_[ BONET AND PAN MINT 14051)•Dr(:'TMKT Sat a 10 •:e.I a _. .......__ THE AMERICAN INS TU is 01 ARE.1i>TTe 1, 1711 NEW YORK,AVE_. s yr' .WAS-r,sc;1os., li.c ?iix1t, THIRD PRINT IS .•M,aRf.TT 1967 1 - 1 Bond* WIC 55174 1 the Contractor and the Surety. jointly :mid severalli, which it may be liable to the Owner and, as hind thernscilves, their heirs, exec d tors, admmistrators, soon as practicable atter the amount is,, fl p,trs and assigns to the Owner for the performance mined, tender navnlerll I hor e for to Ihe Cu f the t:oristrucicon Contract,%Amid)is incorporated herein Owner by reference: -2 Deny liabiiity in yhole or in part and notitv the 2 it the Contractor performs the Conatruction Contract, Owner citing redsOns thereto'', the Surety and the CeintraCtrn +bill ha ve no obligation 5 ti the Set rely does not proceed as provided in liar agrapt under this gond, except to participate in conferences as 4 with reasonable promptness,the Surer% shall he deeniecl provided in Subparagraph 3,1, /0 hr ii Cirlault Ibis Bond rillren days atter re(riot ot 3 If there is no Owner Default, the Sirreeas obligation additional written noun iii rn the oweer to the surer under this Bond shall arise after: demanding that the Surety perform its obligations Lnder this Bond, and the Owner shall he entitled to onlori i any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. II the Surety pros,(+yds as Surely at its address described in Paragraph II) below provided in Subisanieraph 4.4 and the Owner rouses the that the Owner is considering declaring a Contra<lor payment tendered tsr the StlfetV has denied Itaniiity, Detault and has requested and .;1 hemmed to arrange a whole or in part,without further notice the Owner shalt he conterem e with the Contractor and the Surety to he entitled to enforce any reinctiv available Its the Owner. held not later than fifteen days after rercipt of ;tll notir e to discuss methods of performing the COnstrui- 6 Atter the Owner has terminated the Contrai iii right lion Contract, It the Owner, the Contractor and the to compleIe the Construction Contract, and it the 'surer% Surety agree, the Contra( or',hall be allowed a reason- elia<Is ft s 4CI under Subparagraph 1,1. 4.1, or 4,1 ahine. able Firm- to perform the Construclum Contraet, but then the reaponsibilmes of the surety to Ihe (fivnin shall such an agreement shall not Waive the Owner S right.it not be greater than those Of the Cs mIrat lor under his any,subsequently to declare a C orttactot Detaillt, and Construction Contract, and flit' responsibilities or the Owner to the Surely shaft not be greater than those eel the 3.2 the Owner has declared a Contra(for Default and Owner under the Consi ruction Contract. To the limit in the tormally terminated the Contractor's right to complete amount of this Bond, but subject to commitment try the the contract. Suck' Contractor Default shall not be de- Owner ill the Balai lee ol Contrail Prow 1.0 lruiIijtriri tsr Ciarrd earlier than twenty days atter the Contractor and costs and damages on the Cs in non Contra(t the sure, the Surety have received notice as fltillidi■c: ri Soh- Iv is Obligated without duplication tor: paragraph 1.1; and 6.1 The responsibilities of the Contras tics for i oriel- 3.3 The Owner has agreed to pay the Balance ni the hon 01 detectiy •work and c(Knoll-him in Me Constru< C.iintcai I Price let the Surety in accordancr with the non Contract: terms or the Construction Contract or to a contractor selected to perform the Construction Contra(I in ass or- 6.2 -Additional legal, design professional and cletai dance with the terms lit the coritraat with the Owner. osls resulting from the ContractOr's Driarill and Is'- suiting the at tions. or tadure to act UI the N:.,rets 4 When the Owner has satisfied the conditions rat Para- under Paragraph -1: and graph 3. the Surety-shall promptly and at Inc:' surety's ex- pense take one of the following actions: 6.3 Liquidated damages, sir it no liquidated darnagea are specified in [ht.(.orrearii4 non contra(t,actual tram, 4.1 Arrange for the Contractor, with ninsent <it the age,. ...n •rd by delayed pertormance sir non-pinion Owner, to pertclon and ontralnle the Construc non rriantki of the Contractor. Contrai 1: or 7 1 he Surety shall not he liable ri,iht.Owner or others for 4.2 Undertake to perform and complete the Construe obligations or the Contras tor that:ire unrrlatrd to the lion Contrad itself, through its agents or through inde- struchon Contrail, and the Balance tit the eontract Pro pendent contractors; or shall not he reduced or set rate on account in any sin la 4.3 Obtain bids or negotiated proposals from unrelated oblieations, No right sit action shall .114 rut' on qualified Contra(tors acceptable to the Owner tor a this Bond to any person or entity sober than ihe F hvner or contract for pertorrilanCe and completion of the (on• its hers: executers, administrators sir yticAcii.li.orii, strut lion Contract, arrange for a contract to he pre, 8 the Surety hereby waives nisilis n 01 NW change, inc lud pared for execution by the Owner and the contra(tor trig changes 01 time, to the construction Contras I or to selected with the Owner's orirurren<e, lo be secured related subountracts, purchase orders and other ohlifla- with performanc-e and payment bonds executed by a qualified surety.equivalent to the bonds issued on the Construction Contract, and pay to the Owner thr 9 Any proeeeding. legal or equitable, wider ibis Bond amount of damages as describod in Paragraph Ii in ex- rndy be instituted 4n any court en competent Itinsdic lion in cyst oaf the Balance of Ihe Corti raj Price incurred by the the location in which die work or part UI the work,is located Owner resulting from the Contractor's default, or and shall he ins/doted within two years atter Contiac tor Default or w4hin Iwo years after the ('m'ilrac for s eased 4.4 Waive its right to perform and complete, arrange working or within two years alter the curtly rrhissis or fails fur completion, or obtain a new and nd with hi perform its obligations under this Bond,whichever oin reasonable promptness under the i'ireuinslances: curs firSi. It the pioyisions of this Paragraph are son., or .1 After investigation. determine the amount fur prohibited by law, the minimum period or limitation avail- oocanaNr A312•PFRIen/A4ANtE RONia ANL/ N.;I 8(/ND•ITECIaltrER 1444 ID, • Aa A: list • A5411211:A.4 Is/snit:41 r) Aro:alerWrs. Ninw NORA,AVE N w \V:\SHI5d(-.40N. A312-1984 2 'briRn PRisibsie:• ro.ARCH 1•1gr,' Bond# WIC 55174 able to sureties as a defense in the jurisdiction ot the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled. re. 10 Notice to the Surety,the Chyrter or the C.ontractor shall duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig. behall of the Contractor under the Construction Cori- nature page. tract, 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: I he agreement between statutory or other legal requirement in the location where the Owner and the Contractor Identified on the sig- t he construction was to be performed,any provision in this nature page, including all Contract Documents and Hood conflicting with said statutory or legal requirement changes thereto shall be deemed deleted herefrom and provision con- torming to such statutory or other legal requirement shall 12.3 Contra(tor Default: Failure of the Contractor, he deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Rond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms ut the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure ot the Owner,which has neither been remedied nor waived, to pay the Con- 12.1 Balance of tlw Contract Phi e: 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 theteat. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ART AS Mt IOWS: None (Space is provided below tot additional signatures of added parties. other than those appearing on the lover page.1 CONTRACloR AS PRINCIPAt SCIRfPr Company: 1Corporate Seali Company: iCorporate Seals Signature: Signature: Name and Name and Title: Address: Address: AM DDCt.JMINT A.112• FIRroRmANcr BOND AND PAAMLNI EIOND•DECCAIBEit 1.964 ti) • MA, AroUtiCAN INS CI IL ft AkCHI ItUis 171;NtW YORK AVU, NAV., 1).1 , xo.tob A312-1984 3 HiRD itic•MARCH 14.97 Bond# WIC 55174 THE AMERICAN INSTITUTE OF ARCHITECTS = } AVA Document :4.l;U Payment Bond \s,„ €tSt,tr1F)t rt ft^r'c°rt[t°tt)(ontt6tr tor. SUret% #:)svrre•r or fflfu,1 path •.13,111 bt' (c)rrme1ere d pk r tt 4ttat,rt•,tpplit atyir. CONTRACTOR tName and Addressi: SURETY tName and Principal filar t= c,f Business B&P Mechanical, Inc. Merchants Bonding Company 2100 Fleur Dr 3200 W Highview Dr P.O. Box 2002 Appleton,WI 54913-2002 Des Moines, IA 50321-1158 (JWNLR tName and Address). City of Oshkosh 215 Church Ave P.O. Box 1130 Oshkosh, WI 54901 CONS TRUCTICJN CON I RAC I DDate:October 9,2013 Amount $287,000.00 Two Hundred Eighty-Seven Thousand and 00/100 Descrlpttort IName and t()cation) Public Museum HVAC Modifications BOND Bate (Not earlier than Ccrymlruction Contract-D. t ±l:October 14,2013 Amount: $287,000.00 Two Hundred Eighty-Seven Thousand and 00/100 bit)tlitir stiorns It) this Bond "xX None See Page() C()NI RAC TOl AS PRINC1P.AI 't SURETY Company: ,Cutpt rat# Steai C.:t,lrrpara' it orpor.att• Seal! B&P Mechan_ n . Merchants Bonding Company . �x t�.. Signature' Smtnature.: . Name and rifle. lf1CXrins and Title: C to Robert Downey tAnv additional signatures appear on pia;t! 6t Attorney-in-Fact OR 1;`: O/ MA(10tN" O"N1.V---,Name, Address and Telephone ACEN1 or HROKF-R: OWNER'S RLF'RLSLN`IAI IV (Architect, Engineer or J.Ryan Bonding, Inc. other party)::Not Applicable P.O. Box 465 Hudson,WI 54016 (715)377-8230 MA DOCUMENT 4312•PERrottia4Nt:t it( i) AND PA'MI: t ttt}N[)•OtCts.tut[rt 1164 trr:. • Ate lilt AAAERt(AN IN:Milli OF Attr.ErttE..1s, t;rr,NEW YORK AVE.�«�v ti ,>,5iiiN:mO^. n tt, , A312.1984 4 7 H€H U t•'rr.tN r 6'.t,; `19Rs- - Bond# WIC 55174 1 the Contractor and the Surety, jointly and severally', 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the pertor- 6.1 Send an answer to the Claimant, with a copy to mance of the Construction Contract, which is incorPo rated herei by reference the Owner, within 4 days after receipt of the claim, n stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall l- for challenging any amounts that are disputed, null and void if the Contractor: 62 Pay or arrange for payment ot any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts, for all sums due Claimants, and 7 the Surety's total ohligation shall not exceed the 22 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Hood shall be Owner from claims, demands, hens or suits by any credited for any payments made in good faith by the Surety person or entity whose claim, demand, hen or suit is for the payment for labor, materials or equipment fur, 8 Amounts owed by the Owner to the Contractor under rushed for use in the performance of the Construction the Construction Contract shall be used for the prefer- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy dairrie the Contractor arid the Surety at the address if any, under any Construction Performance [kind By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this hens or scrits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or Suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior 3 With respect to Claimants, this obligation shall he ity to use the funds for the completion of the work null and void if the Contractor promptly makes pay- meat, directly or indirectly, for all sums due 9 I he Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are uriretat 4 The Surety shall have no obligation to Claimants ed to the Construction Contract The Owner shall not be under this Bond until. liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli contrac t with the Contractor have given notice to the gations to make payments to give notices on behalf ot, or Surety (at the address described in Paragraph 121 and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy; the amount of the claim including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have turnished written notice to the (on, 11 No suit 01 action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent jurie the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date 11)on which the Claimant gave the notice required by substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 4 2 3, or (2)on which the last and the name of the party to whom the labor or service was performed by anyone cn the last mate materials were furnished or supplied or for vials or equipment were furnished by anyone under the Con. whom the labor was done or performed;and truction Contract,whichever of CU Or;2)first occurs. If the provisions of this Paragraph are void or prohibited by law, 2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable within 30 days of furnishing the above no- tice any communication from the Contractor' by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days,have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted heretrom and provisions con Owner to the Contractor or to the Surety, that is cut h. forming to such statutory' or other legal requirement shall c lent compliance. he deemed incorporated herein The intent is that this , - AIA DOCUP•Ikt•il A312•et RFORMANECt BOND AND I'loVit Nu SONU•rACEsiBER 19E14 ED •Alt.' Dr( AMI Rif AN iNSTI I 11 I E of A itt:HI if C TS, 17y,NE°.1.•'FORK AVf si ti, WiSilINCION,Di' 2cco6 A312-1984 5 I t IIRD MN I ING•MARcni4R7 • Bond# WIC 55174 Bond shall be construed as a statutory bond and riot as a Construction Contract,architectural and engineering common law bond services required for periormanre of the work or the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary ot this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment wen, jjrnichd. to be made. 15.2 Construction Contract: I he agreement between 15 DEFINITIONS the Owner and the Contractor ideritilied on the sig- 15.1 Claimant: An individual or entity,having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor 01 changes thereto. the Contractor to furnish labor. materials or equip- 15.3 Owner Default: failure of the Owner,which has merit for use in the performance oft the Contract,The neither been remedied nor waived, to pay the Con- intent or this Bond shall he to include without limita- trat tor as required by the Construction Contract or to lion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, hear, oil, gasoline, thereof, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CON TRACI OR AS PRINCIPAL SURETY Company: iCorporale Scab Company: (Corporate Seal) Signature: Signature; Name and Title: Name and Title: Address: Address: MA DOCUMENT A.112•Pf/DORMANGE AN[) PAYMENT ETONO• DECEMBER 19M Et). •A1A 4 flu AMTRICAN INSTITUT( OF ARCHITECTS. ms NEW YORK AV[ N W,,WASHINGTON. E)c :ow A312-19$4 6 MERCHANT\ BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Robert Downey,Chris Steinagel,Christopher M.Kemp,Connie Smith,Michael J.Douglas of Hudson and State of WI their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign, execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION($5,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "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 Witness Whereof,the Companies have caused this instrument to be signed and sealed this 24th day of October , 2012 . ,.,4,,,,.,,, ��••'•++F�,Oj, g` •.•D.•G CO•• MERCHANTS BONDING COMPANY MUTUAL• `;`�� ¢• �OR-1.,..%, r. :<to:* 0 O-,ir •i• . MERCHANTS NATIONAL BONDING,INC.(MUTUAL) v'. 2003 :0 ; 1933 g••..c'.• 131 clot', 7:74, STATE OF IOWA i• t- 0' '•. �r • •••• ,'�� COUNTY OF POLK ss. ,•y"".r."'"'' President On this 24th day of October 2012 ,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is 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. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. MARANDA GREENWALT �,,�,� �N Commission Number 770312 , i J OW My Commission Expires October 28,2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the 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 Mt day of sti a,,,b , Aoi 1 • -0- `y•L_•z• •Z. _o- c: ...• lip fib• • i•: •Z 'a' 1933 ;C• Secretary V 2003 ;'•� iyJ. • ti:• POA 0014 (11/11) da'y,4••... •;,J\• r'� .••.'1i \'N'�: .,'If'„,,, ,,,.••i0"••••• • Bond# WIC 55174 THE AMERICAN INSTITUTE or ARCHITECTS .1 -x Anil Document A3t? Payment Bond &w tiin1 uIar rrli:rf•ilt 4.. to C onto tor. Surett 0..nt•r or (Owl parts ,hall i>t c on,aclored pltar.tt ufu'rl+ ,1f1t11ic.11,1t. CONTRACTOR tNatne and Addrec is SURETY (Name and Principal Platt, of E3usinessl- B&P Mechanical, Inc. Merchants Bonding Company 2100 Fleur Dr 3200 W Highview Dr P.O. Box 2002 Appleton, WI 54913-2002 Des Moines, IA 50321-1158 OWNIR tNann and Address.. City of Oshkosh 215 Church Ave P.O.Box 1130 Oshkosh, WI 54901 CONSTRUCTION TRUC.TION CO ti I RAC I Date:October 9,2013 Amount $287,000.00 Two Hundred Eighty-Seven Thousand and 00/100 Description 1'ame and I_ovation).Public Museum HVAC Modifications 13()ND Date INot t•nrIu r than Consiruition Cori!ra tI)atei:October 14,2013 Amount: $287,000.00 Two Hundred EighwSeven Thougal'tYt. d 00/100 Modiiitatiurt:, lo this Bond tist�nt !!.e Page b CONTRAC 10R AS PRINCIPAL � 1. FTr (ompanv f Co ` r an`: it orpnrare Seals B&P Mechanic ants Bonding Company 41 nattlri (.. Tn SipaTurv: Name and Title. Orl'\AS �t }�' `„lt.zi mt` and Title: 0 CO • ! ■ Robert Downey tArw additional signatures appear on pant Attorney-in-Fact (F O INI OXMAHON O\'1,Y—:\'sine 4tfriress ,rrn! Tete/Aunt!) AU N1 or tiROKfR° OWN1_R"5 RLPRCSLN I: TIVL (AK larlt;c t, Fngint er or JRyan Bonding, Inc. tither party);Not Applicable P.O.Box 465 Hudson, WI 54016 (715)377-8230 AIA DOCUMENT A312•PIRrORLtA' Ct. 140'c) 0.Nr) G'aYrtttit ROP.t)•OiLF\tRt1t rit:.r to • AlA — 1 tit MIRItAN iN5111411t Of ARC.HI IRA's. NI Yt YORK '\'C . ♦t4' t4A51,WN,'YON L)C .411KV, A312•1984 4 1HIRU t`RGN1E-'J( •,M.ARCti 1.41;7 Bond# WIC 55174 1 l he Contractor and the Surety. jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs. executors, administrators. Paragraph 4, the Surety shall promptly and at the successors and a.s_signs to the Owner to pay for Tabor. Surety's expense take the fallowing actions materials and equipment furnished for site in thr perfor- rnancp of the (oi15triict1C5n Ct7ntrttc:t, which is incorper fr.1 Send an answer to the Claimant. with a copy to rated herein by r*fereriG+r the Owner, within 4"i days after receipt of they clams. Stating the amounts that are eendisputed and the hash 2 With respect to the Owner, this obligation shall he for challenging any amounts that are disputed null and void if the Contractor; 6.2 Pay or arrange for payment eat any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts for all sums due Ciaimante and 7 !he Surety's total obligation shah not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond. and the iirSicaunt of this frond shall be Owner from claims, demands, herb or suits by any credited for any payments made in good faith by the.Surety person or entity whose claim, demand, hen or suit is for the payment for labor, materials or equipment fur 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy tldin's, the Contractor and the Surety (at the address if any. under any Construction Performance Bond By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior 3 With respect to Claimants, this obligation shall he ity to use the funds for the completion of the wort: null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due 9 f he Surety shall not be Liable to the Owner, Claimants The Surety shalt have no obligation to Claimants or others for obligations of the Contractor that are urirelat- under t4 Bernd untir ed to the Construction Contract The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no ohli contract with the Contractor have given notice to the gations to make payments to give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond sent a copy, or notice thereof, to the Owner, staring that a claim is being made under this Bond and. with 10 The Surety hereby waives notice of any demo, substantial accuracy, the amount of the claim including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con. 11 Nti suit or action shall be commenced by a Claimant tractor and sent a copy,.or notice thereof. to under this Bond other than in a court of competent jure,- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating.with date(1)on which the Claimant gave the notice required by substantial accuracy, the amount of the claim Subparagraph 41 or Clause 4 2 1 or (2)on which the last and the name of the party to whom the labor or service was performed by anyone IN the last mete- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con• whom the labor was done or performed:and struction Contract,whichever of(1)or{2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minirnurri period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction cif the sort shall be applicable within 30 days of furnishing the above nor tice any communication from the. Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner Or the Contractor claim will tae paid lirei tly or indirectly;and shall he mailed d or delivered to the address shown on the signature page. Actual receipt Uf notice by Surety. the ,3 Not having been paid within the above 3 0 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with.a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor the construction was to be performed, any provision in this bond conflicting with said statutory or legal requirement 5 if a notice required by Paragraph 4 is given by the shall be deemed deleted herefrorn and provisions con- Owner to the Contractor or to the Surety, that is cuffs• forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein The intent is that this Alh DQCUMti't 01,312•erRF RV1Atii t ease)AND P.1Y.\it'.t W.-rm..•OtC.imBER 19,04 ED •Akk• THE A,MIRISP.Ni issuiurr of ARCHITECTS,it •t'.s V(1-R>; Air \w ssAtiiii'a:rC3, nt" ;r`ee'u A312-1984 Si MOW r'MMNl(NI,•MARCH 14(17 Bond# WIC 55174 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Rood, the Contractor shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of this t3ond or shall permit a cutay or equipment were furnished. to be. made. 15 DEFINITIONS the Construction Contract: The agreement between the Owner and the Contractor identified on the 15.1 Claimant!An individual or entity having a direct nature page. including all Contract Dc)curnents and r'ontrart with the Contractor or with a Sut}cerntractcar nt changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default:failure of the Owner,which has merit for use in the perforrnance of the Contract, The neither been rerrtiedied nor waived, in pay the Con- intent of this Bond shall be to include;without limita= tractor as required by the Construriion Contract or to lion in the terms"labor,materials or equipment" that perform and complete or comply with the other terms part of water, gas, power, tight, heat, oil, gasoline, thereof, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None (Spate is provided below for additional signatures of added parties, other than those appearing on the cover page./ CONTRACTOR AS PRINCIPAL SCURCTY Company: CCorporaie Seal) Company: (Corporate. Seal? Signature: _ .. . _ ._w,.... .__ .. Signature; .. _ Name. and Title: Name and Title: Address: Address: MA DOCUMENT A312• PFKFOitMANCI Boist) AND PAYMENT BOND-UFctmetit i4B4 to. •MA R Tlir AMERICAN INSTITUTE or ARCHITECTS. 1735 NEW YORK AVE . N.W..WASHINGTON.D.C. :KM A312-1984 6 M.ERCHANT�� BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa (herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Robert Downey,Chris Steinagel,Christopher M.Kemp,Connie Smith,Michael J.Douglas of Hudson and State of WI their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign,execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION($5,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 24,2011. "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 Witness Whereof,the Companies have caused this instrument to be signed and sealed this 24th day of October , 2012 . ,,,...a..,.,n,,,, •••...•. az,,s.r..101{ N ; •.*. ..••••,o• MERCHANTS BONDING COMPANY(MUTUAL) ,r�f••4a -I,.-.° .•�..,∎) Ri •yc MERCHANTS NATIONAL BONDING,INC. s. v 2C�?3 :Q: 1933 .•e..-•\ •,., STATE OF IOWA r1'•• ,o" ••• 'r ` •• COUNTY OF POLK ss. `��+4""',F•"••••• President On this 24th day of October , 2012 ,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument is 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. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. MARANDA GREENWALT C etcea•(.5242_,..„. " 6-432C4 • • Commission Number 770312 My Commission Expires ow• October 28,2014 Notary Public,Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the 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 Wherre�off,,,I have hereun�{s�et my hand and affixed the seal of the Companies on this iLip- day of /'J(��/�'(^ ; l .0"';: 1014,{ ••p�NG.COL* • , fr::'v \ •a•' 1933 0'C Secretary / 2003 )!i POA 0014 (11/11) �'h;••• •:,�� ••, •••.•Of' •••�1'�: • •+ ,0 • .•