HomeMy WebLinkAboutHurckman Mechanical Industries CONTRACTOR AGREEMENT.•
4TH FLOOR HVAC/MPROVEMENTS C/TY HALL
THIS AGREEMENT, made on the 14T" day of January, 2015, by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
HURCKMAN MECHANICAL INDUSTRIES, INC., 1450 VELP AVENUE, GREEN BAY, WI
54303, hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, enter
into the following agreement. The Contractor's proposal is attached hereto and
reflects the agreement of the parties except where it conflicts with this agreement, in
which case this agreement shall prevail.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following
individual to manage the project described in this contract:
�h�l v�e�r���o�'�'; ,.��c�ec�-J`��►��e s
( is, �-��o�, Hurckman Mechanical Industries, Inc.)
B. Changes in Project Manager. The City shall have the right to approve or
disapprove of any proposed change from the individual named above as Project
Manager. The City shall be provided with a resume or other information for any
proposed substitute and shall be given the opportunity to interview that person prior to
any proposed change.
ARTICLE II. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this
contract:
(Jon Urben, General Services Manager)
ARTICLE III. SCOPE OF WORK
The Contractor shall provide the services described in the City's Invitation for
Bid "4th Floor HVAC Improvements: City Hall" dated November 15, 2014, and the
Contractor's Bid Proposal Form dated 12/12/14 and attached as Exhibit A. If anything
in the Contractor's bid proposal conflicts with the City's Invitation for Bid, the
provisions in the Invitation for Bid shall govern.
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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 completed within
60 days of the purchase order issued for this project.
ARTICLE III. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
543,145, adjusted by any changes hereafter mutually agreed upon in writing by the
parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor shall submit itemized monthly
statements for services. The City shall pay the Contractor within 30 calendar days
after receipt of such statement. If any statement amount is disputed, the City may
withhold payment of such amount and shall provide to Contractor a statement as to
the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set
forth in a written amendment to this agreement executed by both parties prior to
proceeding with the work covered under the subject amendment.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims and demands of any kind or character whatsoever
which may in any way be caused by or result from the intentional or negligent acts of
the Contractor, his agents or assigns, his employees or his subcontractors related
however remotely to the performance of this Contract or be caused or result from any
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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 V. INSURANCE
The Contractor shall provide insurance for this project that includes the City of
Oshkosh as an additional insured per the insurance requirements listed within the
Invitation for Bid. The contractor's certificate of insurance for this project is attached
as Exhibit B.
ARTICLE VI. 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.
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In the Presence of: CONTRACTOR /CONSULTANT
/ .
By: .i3 Lu� - .
��s�r�-��'
(Seal of Contractor Specify Title)
if a Corporation.)
By:
(Specify Titte)
CITY OF OSHKOSH
- � By: �.___ ��
?2� ` n 2�� Mark A. ohloff, City Manag r
(Wit ss) ..__�
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(Witness) Pamela R. Ubrig, City Clerk �,
APPROVED: I hereby certify that the necess-
ary provisions have been made to
_ _ pay the liability which will accrue
under this contract.
City
City Comptro ler ;
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BID PROPOSAL FORM
Page 1 of 3
4�FLOOR HVAC IMPROVEMENTS: OSHKOSH CYTY HALt,
From: Hurckman Mechanical Industries, Inc. ,
(bidder s company name}
BID PROPOSAL DEADLINE: FRIDAY, DECEMBER 12, 2014 @ 10:00 A.M. CST '
Addenda: Recelpt of Addenda numbered � of � are hereby understood,
acknowfedged and )ncluded in bidder's bfd proposal form, If no addenda were issued for this
project please write"N/A"above.
In compliance wlth the adver�tsing for Bids and havfng carefully examined the drawtngs and '
specification for the Work and the Site of the proposed work and having determined ai[ of the
conditions of the work, the rules, regulations, iaws, codes, ordinances, and other governing
circumstances relating to this project, the undersigned proposes to furnish all Labor, Materla(s
and Equipment necessary to complete the constructfon indicated on the drawings and described
in the project manual to include aq described work completed ta the Owners'satisfaction.
By Submission of this Bid, each Bidder certiffes, and in the case of a joint Bid, each party thereto '
certl�es as to Its own organfzaYion, that this Bid has been arrived at Indepandently without '
consuitation, communication, or agreement as to a matter relat(ng to this Bid and wlth any other
Bidder or with any competltor.
BASE BID:
We, the undersigned, propose to furnish all labor and tnateriais per the project speclflcatfons or
noted devfatlons for the foUowJng amount:
TOTAL BASE B�D ,��� — �
Thirty six thousand six hundred forty five
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- (Bid Price–In Words) !
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ALTERNATE 1 BID•
Tfe in mixing box controls with exlsting DDC system (prlce from EC&D) � 2.000.00 i
ALTERNATE Z BTD: I
Instalt RENO (remote noti�cation) system/module for texk notiFication of DDC alarms to Clty f
mairitenance staff(pr(ce from EC&D) $ 4,500.00 �
One ear f
WaYPanty Detafis: Y parts only and 2nd through 5th year Compressor Warranty. �
Please include one set of shop drawings of equlpment for bld revfew. �
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PROPOSED SUBCONRACTOR LIST: ;
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...�CLC'I"�2TCi4L.,.......C�ty.of..Oshkosh.................................................................................................................................................
ME Hurckm I
CHANICAL: an Mechanical
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. BID PROPOSAL FORM
Page 2 of 3
4m FLOOR HVAC IMPROVEMENTS: OSNKOSH CYTY HAL.L
INSULATOR: Hurckman Mechanical
OTHER:
Submtttals wfll be reviewed for general compliance with design concept and'cantract documents
onfy. Full campl(ance with contract documents, Code requfrements, dimensions, fit finishes, and
interface with the exlst(ng Control System is the Prime contractor's responsibility, Within 7 days
� af�er award of contract, provlde requlred submlttals for approval to the HVAC Engineer,
Contrac�or shaf! promptly respond to requests for additiorta! information so that delivery and
installation schedules are not de(ayed.
QUALITY ASSURANCE—REGUi.ATORY REQUIREMENTS
A, All work shall comply with the appiicabie code requiremen�s fn effect: Includ(ng by
not Ifmlted to ASME, Divisfon of Safety &Buildings Admfnistrative Codes and other
appllcable Bui[ding or local codes in effect as of the contract date.
B. The Contractor shall be fully responsible for obfiaining all requfred approvals,
� permits Itcenses, inspections and certificates for this instaflation, 'fhe Contractor
shail pay a(l permit fees, inspecCion fees, certificate fees,and licensing fees,
SAFEfY AI�D HAZARDOUS MATERIALS
A. Contractor shail be solely responsible for initiating, maintaining, and supervising all
safety programs and precautions and shall comply with applicable safety faws, good
industry standards or practices,and take all reasonable precautions for the safety of
their woricers, City property, the Public, or City of Oshkosh employees, guest, or
n rs. .
B. The City of Oshkosh retalns the authority to approve all chemicafs and lubricants
prior to Contractor bringing them on site. 7he Contractor shall furnish a Materlal
Safety Data Sheet and proper labeling for each hazardous chemicat to be braught
into the premtses In compllance wlth OSHA Hazard Communlcatfon Standards, and ;
track usage for EPA reporting purposes, ;
SCHEDULE I
A, Work shall be pursued during regular working hours unttf complete, This work must �
be specifically authorized by Jon Urben or other authorized representative of the City ;
of Oshkosh.
B. All work schedufes shall be submitted and coordinated in advance to the desfgnated �
City of Oshkosh representatfve and Consultant.
INSTALLA7ION � �
A. Contractor shall(nstall equ(pment as outlined in speciflcation drawings, '
PRODUCT DELIVERY, SITE ORGANIZATION AND CLEANUp �
�Contractor shalt fceepwork�areas orderly�r�d Pre�fram�tl�bris dUring the course oP instaliation � � �� ����� ����� � � � � ,
and clean up on a daily basis. If areas are not ke pt clean,t he C i ty o f
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BID PROPOSAL FORM
Page 3 of 3
4'�"�LOOR HVAC XMPROVEMENTS: OSHKOSN CITY HALL
A, Oshkosh may demand immedfate 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. Cfean outside surface of Repaired and new equipment and adjacent areas of grease,
dirt and�other construction debris at the time of Substantfal Completion.
SIGNATURES
Date; 12/12/14 Name of Company: Hurckman Mechanical Industries, Inc.
Submitted by; (name/title) Kevin Vadnais/Estimator Email: kevinvadnais hurckman.com
Address�of Company: 1450 Velp Ave., Green Bay, WI 54303 920-327-4251
Phone:
That I have examined and carefully prepared thfs Proposal from the Plans and Specffications and
have checketl the same in detail before submit�ing this Proposal; that I have full authorlty to
make such statemen�s and submit this Proposal in (its) (their} behalf, and that sa(d statements
are true and correst,f
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Slgnature /��%,, �- T�tj� Estimator
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�``°� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YWY)
,2„6,2�,4
THIS CERTIFICATE IS ISSUEb AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY 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(ies) 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 w
certificate holder in lieu of such endorsement(s). «
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PRODUCER CONTACT d
AOfI RlSk 52I'VlCES Central� I11C. �ME: '�
PHONE �gz0) 437-7123 F� (920) 431-6345 v
�reen eay wz offi ce (ac.No.exq: ac.No.: .D
111 N. washington 5treet, Suite 300 e.rnni� o
P. 0. BOX 23004 ADDRESS: _
�reen say wi 54305-3004 usn
INSURER�S)AFFORDING COVERAGE NAIC#
INSURED INSURERA: If1t2Jl'lty MUtUd� Insurance Company 14303
Hurckman Mechanical Industries, II1C. INSURERB: ACUITY� A Mutual Insurance Company 14184
Po Box 10977
Green Bay WI 54307-0977 U5A INSURERC:
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:570056118167 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. Limits shown are as requested
LTR TYPE OF INSl1RANCE INSD VWD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS
'4 X COMMERCIAL GENERAL LIABILITY �PP - EACH OCCURRENCE f�.,OOO�OOO
COMMERCIAL PACKAGE DA A� O E100,000
CWMS-MADE X❑OCCUR PREMISES Ea occurrence
MED EXP(Any one person) f 1�,���
PERSONAL 8 ADV INJURY E�.�OOO�OOO �
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE EZ�OOO�OOO �
POLICY X PR� X LOC
�JECT PRODUCTS-COMP/OPAGG $Z�OOO�OOO �
N
OTHER: o
0
A �
AUTOMOBILE LIABIUTY CA2051740-01 10/Ol/2014 10/Ol/2015 COMBINED SING�E LIMIT $1�OOO�OOO
BUSINESS AUTO Ea accident
x ANY AUTO BODILY INJURY(Per person) Z
ALL OWNED SCHEDULED BODILY INJURY(Per accident) d
AUTOS AUTOS
X HIREDAUTOS x NON•OWNED PROPERTYDAMAGE V
AUTOS Per accident �
Y
A X UMBREU.ALIAe X OCCUR CUP 2OS1741-01 10/Ol/201410/Ol/2015 EACHOCCURRENCE S1O,000,000 V
EXCESS LIAB CLAIMS-MADE UMBRELLA AGGREGATE
SIR applies per policy ter s & condi ions $10,000,000
DED X RETENTION .
B WORKERSCOMPENSATIONAND X�9SO� 10/Ol/2014 10/Ol/2015 PER OTH-
EMPLOYERS'LIABILITY y�N WORKER�5 COMPENSATION X STATUTE
ANY PROPRIETOR/PARTNER/EXECUTIVE N E.L.EACH ACCIDENT $].00�OOO
OFFICEFLMEMBER EXCLUDED7 ❑N I A
(Mandatory In NH)
If yes,describe under �E.L.DISEASE-EA EMPLOYEE $1��,000
DESCRIPTtON OF oPER,4TION5 below E.L.DISEASE-POLIGY LIMIT $SOO�OOO- ,
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DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additlonal Remarks Sohedule,may be attaehed if more space is required) � �
RE:4TH FLOOR HVAC IMPROVEMENTS. ADDITIONAL INSURED ON THE GENERAL LIABILITY, AUTO, AND UMBRELLA CITY OF OSHKOSH AS RESPECTS THE �
PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT, AS REQUIRED BY WRITTEN CONTRACT. ENDORSED POLICIES WILL INCLUDE �
A 30 DAY WRITTEN NOTICE OF CANCELLATION/NONRENEWAL FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, PROVIDED TO THOSE PARTIES �
INDICATED IN THE WRITTEN CONTRACT. s�
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CERTIFICATE HOLDER CANCELLATION �
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .
� EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE VNTH THE �
POLICY PROVISIONS. �
CITY OF OSHKOSH AUTHORIZEDREPRESENTATIVE �
ATTN:CITY CLERK �
POSBOXU1130AVENUE � `!���� ���y� � ;
osHKOSH Wi 54903-1130 usn '
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01988-2014 ACORD CORPORATION.All rights reserved. �
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD �
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WISCONSIN SOCIETY OF ARCHITECTS
THE ANIERICAN INSTITUTE OF ARCHITECTS
WIS. AIA DOCUMENT
o JULY 1980 ED. WIS. A31Z
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= PUBLIC IIVIPROVEIVIENT
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` PERFORIVIANCEILABOR AND 1VIATERIA.L
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` PAYNIENT BOND
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� THIS BpND IS TO BE USEQ ON PUBLIC IMPROVEMENT CONTRACfS PURSUANT
� TO SECTION 779.14 WISCONSIN STATUTES.
< Bond No.WIC 55600
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KNOW ALL tVIEN BY THESE PRESENTS: that cx�.� cnK« o�� ��a addrw o� ��e�, ���� or �e coo«�«o�,
referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) HURCKMAN MECHANICAL INDUSTRIES, INC.
1450 Velp Avenue Green Bay WI 54307
as Principal, hereinafter called Principal, and� (fiere axrt �h� ��s=t ud� �+d addna or s„rth�
MERCHANTS BONDING COMPANY(MUTUAL)
2100 Fleur Drive Des Moines IA 50321-1 1 58
duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Suret}�,
are held and firmly bound unto (Name �nd �dd�i or lcsil tide ot Owner)
CITY OF OSHKOSH
215 Church Avenue Oshkosh WI 54903-1130
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the
amount of
Forty Three Thousand One Hundred Forty Five and 00/100Dollais ($ 43,145.00 ),
(Herc iniert • sum at leut equal to the contr�ct price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc-
cessors and assigns, jointly and severally, firmly by these preser�ts.
WHEREAS� HURCKMAN MECHANICAL INDUSTRIES,INC.
Principal has by written agreement dated 1/14/2015 , entered into a contract with Owner for
4th Floor HVAC Improvements at City Hall,Oshkosh,WI
1R accordance with drawings 8I1C1 specificationa prepared by (Here imert [uU oame, title .nd addreu)
which contract is by reference made a part hereof and is required by Section 779.14,Wisconsin Statutes, F
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The said written agreement, drawings, speci�cations and amendments �
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are hereinafter referred to as the Contract. �
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PUBLIC IMPROVEMENT �
PERFORMANCE/LABOR-MATERIALBOND TWOPAGES m
WIS.AIA DOC.W[S.A312AUGUST. 1989ED. PAGE i �
Copr.1969 Wisconsin Society of Architects/AIA
321 S.Hamilton St.
Madison,Wis.53703
�
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14,
Wisconsin Statutes, is such that, if the'Principal ahall faithfully perform the said contract and pay every
person entided thereto for all the claims for labor perfonned and materials furnished under the Canuact,
to be used or consumed in making the public improvement or performing the public wvrk as provided in
the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect,
subject, hawever, to the following conditions:
1) No assignment, nwciification or change of the Principal and khe Surety upon this bond for the
Contract, or change in the work covered thereby, or r'ecovery of any damages he may have sustained by
any extension of time for the completion of the Con- reason of the failure of the Principal to comply with
tract shall release the sureties on the bond. the Contract or with the Contract between the Prin-
cipal and his subcontractors. If the aznount realized
2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of
work under the Contract, any party in interest may the parties in full, it shall be distributed among the
maintain an action in his own name against the partiea pro rata.
Signed and sealed this 14th day of Januarv � 2015 ,
IN THE PRFSENCE OF:
. HURCKMAN MECHANICAL INDUSTRIES
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� I1./liC. I.C.� B7: ��� (Seal)
Wituer '
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MERCHANTS BONDING COMPANY(MUTUAL)
Name ot Siuet�
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Es: ���G'iY�+Y�.._ ,L''� (�)
W'�O° n,y.; Roxanne Jensen Attorney-in-Fact
APPROVF.D BY•
I:�1 'ffiE PRESENCE OF:
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e,: �s�.�►
w;�� .��:
*This bond shall be approved in the case of the state by the sta•te afficial authorized to enter into such con-
tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its
chairman, of a school district by the director or president and of any other public board or body by thc
presiding officer thercof.
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR-MATERIAL BOlYD TWO PAGES
WIS.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2
4
MERCHANT��
BONDING COMPANYr�
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 lowa(herein collectively called the"Companies"),
and that the Companies do hereby make,constitute and appoint,individually,
Brian Krause; Jeffrey R Meisinger; Kelly Cody; Kenton D Arps; Roxanne Jensen;
Trudy A Szalewski
of Green Bay and State of Wisconsin 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:
FIFTEEN MILLION($15,000,000.00)DOLLARS
and to bind the Companies thereby as fuliy and to the same extent as if such bond or undert8king 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 shail 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 13thday of August , 2014.
�ru.flr.�Hr ••"'••
... . � .
��`�����';��pr�:4C r�"': �����N"'���f.o'. MERCHANTS BONDING COMPANY(MUTUAL)
;^�p��:OQ��Rq�.�O'' �m�•'ORP�9q''�y'. MERCHANTS NATIONAL BONDING,INC.
(r �.;�" �y Ca J�•..��
-~-"' -0- `�" L"~ •F-:= -O- 0� •
__�. 2C�?3 '�- �6�� 1933 �c:
:. .y�. 'o:• �' ��
',d'.�y'�;�•,.....•:�,t�,,' �•.b.��y••�••'�;'a.•
STATE OF IOWA '�'t
COUNTY OF POLK ss. ,���"""""e�F�"�� '••••'� President
On this 13thday of August , 2014,before me appeared Larry Taylor,to me personaliy 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 Seai at the City of Des Moines, lowa,the day and year
first above written.
,�P�'A�s WENDY WOODY
o D Commission Number 784654
Z '`°'"'- '� My Commission Expires
�owA . June 20, 2017
Notary Public,Polk County,lowa
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 JL�_�day of��,1l.CGL�;'.�„�,'�;r`J. �. .,
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WISCONSIN SOCIETY OF ARCHITECTS
THE ANiERICAN INSTITUTE OF ARCHITECTS
WiS. AIA DOCUMENT
]ULY l980 ED. �.5. A322
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N PUBLIC IIVIPROVEIVIENT
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PERFORIVIANCEILABOR AND 1VIATERIAL
` PAYIVIENT BOND
3
� THIS SOND [S TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
TO SECTION 779.14 WISCONS[N STATUTES.
� Bond No.WIC 55600
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3
KNOW ALL 1VIEN BY THESE PRESENTS: that cx�*� ��t �� and addrest o� i�e�i ���� or t�e coo«�«o�,
referrcd to in Sa.779.14 Wisconsin Stamtes as the prime contractor) HURCKMAN MECHANICAL INDUSTRIES,INC.
1450 Velp Avenue Green Bay WI 54307
a5 �iinClPal, hereinafter called Principal, and� (�iere inurt thc 1eg31 tiUc and addrw o( Surety)
MERCHANTS BONDING COMPANY(MUTUAL)
2100 Fleur Drive Des Moines IA 50321-1 1 58
duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Suret}�,
are held and firmly bound unto (x�� .na .dd�w o� ��s+� ti�� ot o,.�o«)
CITY OF OSHKOSH
215 Church Avenue Oshkosh WI 54903-1130
as Obligee, hereinafter called Owner, for the use and benefii of claimants as hereinafter provided in the
amouni of
Forty Three,Thousand One Hundred Forty Five and 00/100Dollats ($ 43,145.00 ),
(Herc imert a sum at Iwt equal to tbe coavact prite)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc-
cessors and assigns, jointly and severally, firmly by these presents.
WHEREAS� HURCKMAN MECHANICAL INDUSTRIES,INC.
Principal has by written agreement dated 1/14/2015 , entered into a contract with Owner for
4th Floor HVAC improvements at City Hall,Oshkosh,WI
in accordance with drawings and specifications prepared by eH�K ���� ruu �, ua� and �ddreu)
which contract is by reference made a part hereof and is required by Section 779.14,Wisconsin StatutesY f
N
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N
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The said written agreement, drawings, speci�cations and amendments N
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are hereinafter referred to as the Conuact. �
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PUBLIC IMPROVEMENT �
WISFAIA DAONC W[3AA3�2AUGUSTAL B989ED. TWOPAGE 1 m
�
Copr. 1969 Wisconsin Society oFArchitects/AIA
321 S.Hamilton St.
Madison,Wis.53703
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14,
Wisconsin Statutes, is such that, if the'Principal shall faithEully perform the said contract and pay every
person entided thereto for all the claims for labor performed and materials furnished under tht Cantract,
to be used or consumed in making the public improvement or performing the public work as provided in
the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect,
subject, hawever, to the following conditions:
1) No assignment, moclification or change of the Principal and the Surety upon this bond for the
Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by
any extension of time for the completion of the Con- reason of the failure of the Principal to comply with
tract shall release the sureties on the bond. the Contract or with the Contract between the Prin-
cipal and his subcontractors. If the amount realized
2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of
work under the Contract, any party in interest may the parties in full, it shall be distributed among the
maintain an action in his own name against the parties pro rata.
Signed and sealed this 14th day of Januarv � 2015 ,
IN THE PRFSENCE OF:
` HURCKM M CHANICAL INDUSTRIES
Pri
� ��' � Bf: (Seal)
�'� WitoeL
% �' � �� -
� MERCHANTS BONDING COMPANY(MUTUAL)
Nams o[ Saner
�� s�� f�c:�`�k.C.t..t��.Y� ' (s�l)
«� �.; Roxanne Jensen �-Attorney-in-Fact
APPROVED BY�'
I:v 'CfiE PRESENCE OF:
o.vov
H�. (Seal)
Witnes ��:
*This bond shali be approved in the case of the state by the state official authorized to enter into such con-
uact, of a county by its district attorney, of a city by its mayor, of a village by its president,of a town by its
chairman, of a school district by the director or president and of any other public board or body by the
presiding officer thereof.
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES
W(S.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2
.
MERCHANT��
BONDING C�MPANYrM
POWER OF ATTORNEY
Know Ail 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 lowa(herein collectively calied the"Companies"),
and that the Companies do hereby make,constitute and appoint,individually,
Brian Krause; Jeffrey R Meisinger; Kelly Cody; Kenton D Arps; Roxanne Jensen;
Trudy A Szalewski
of Green Bay and State of Wisconsin 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 surery
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shaii not exceed the amount of:
FIFTEEN MILLION($15,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undert8king 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 shali 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 shail have the same force and
effect as though manualiy fixed."
in Witness Whereof,the Companies have caused this instrument to be signed and sealed this 13thday of August , 2014.
�,..�.�„�..�,�.,,, �.•---•.�
�'��,,11•����'�.'4L �°'-; •��D�NG'���•o'. MERCHANTS BONDING COMPANY(MUTUAL)
p��'�p.1'OR.qT`���: ;'m��oRP�9q�9y�: MERCHANTS NATIONAL BONDING,INC.
`=`' � —0- ��L � ��:_ -o- o� :
?�;, ZC03 :.�� ;yJ, 1933 :c: �
. d',yi• , r��l:,�.� �• 6',�'••. •'�-�'��' ���1�4/�
C V
STATE OF IOWA �' �♦• �•• ,`'��� •��� � •��
`� ' Presldent
COUNTY OF POLK ss. ,,��"""""`�k��� ����•
On this 13thday of August , 2014,before me appeared Larty 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, lowa,the day and year
firstabovewritten. yyENDY WOODY
,`P��A�S
o q Commission (Vumber 784654
z ^-'�°=^ '' My Commission Expires
,�v,,P June 20. 2017
Notary Public,Polk Counry,lowa
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 stiil in full force and effect and has not been amended or revoked.
in Witness Whereof,I have hereunt�o s�et�my hand and affixed the seal of the Companies on
this'��day of�'�'�C.1LL�„�.��.u';;;�5� ��,........
ys'�`�'[�V17� �,��. .� O�NC1 `i0�• .
�.+� .. . ( , � � ....., A••� .G/ ��
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`� V �;,. �' .y;Z �'.'�: G✓C�2�ln Sr�J .
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WISCONSIN SOCIETY OF ARCHITECTS
THE ANiERICAN INSTITUTE OF ARCHITECTS
W1S. AIA DOCUMENT
o JULY 1980 ED. �$. A31Z
w
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P
= PUBLIC IIVIPROVEIVIENT
�
_
` PERFORIVIANCEILABOR AND 1VIATERIAL
N
` PAYIVIENT BOND
3
� THIS BpND IS TO BE USEQ ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
p TO SECTION 779.14 WISCONSIN STATUTES.
¢ Bond No.WIC 55600
a
�
3
KNOW ALL 1VIEN BY THESE PRESENTS: that cHt« �K�t �� and sddrw or ��g�, u��� o� tee cont��«a�,
reterred to in Sec.779.14 wisconsin Sututes as the prime contractor) HURCKMAN MECHANICAL INDUSTRIES,INC.
1450 Velp Avenue Green Bay WI 54307
as Principal, hereinafter called Principal, and, (s«< �nx�c cee i�s=► ude �,e �edn,. or s�sr�
MERCHANTS BONDING COMPANY(MUTUAL)
2100 Fleur Drive Des Moines IA 50321-1 1 58
duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety,
are held and firmly bound unto (N�� .nd .dd�+ � ��s�► ude or o�.�a«)
CITY OF OSHKOSH
215 Church Avenue Oshkosh WI 54903-1130
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the
amount of
Forty Three Thousand One Hundred Forty Five and 00/100Dollaas ($ 43,145.00 ),
(Here iaurt a sum at !wt equal to the coner�ct ptice)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc-
cessors and assigns, jointly and severally, firmly by these preserlts.
WHEREAS� HURCKMAN MECHANICAL INDUSTRIES,INC.
Principal has by written agreement dated t/�a/2ot 5 , entered into a contract with Owner for
4th Fioor HVAC Improvements at City Hall,Oshkosh,WI
in accordance with drawings and specifications prepared by ex�� ��re tuv �, uu� .nd �ddreu)
which contract is by reference made a part hereof and is required by Section '779.14,Wisconsin StatutesY �
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The said written agreement, drawings, speci�cations and amendments N
a
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are hereinafter referred to as the Contract. �
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PlJBLIC IMPROVEMENT �
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES �
WIS.AIA DOC.W[S.A312AUGUST. 1989ED. PAGE I p
Copr.1969 Wisconsin Socicty oC Architects/AIA
321 S.Hamilton St.
Madison,Wis.53703
NOW, THEREFORE, THE CONDITION OF THIS O$LIGATION, as required by Section 779.14,
Wisconsin Statutes, is such that, if the'Principal shall faithfully perfoim the said contract and pay every
person entided thereto for all the claims for labor performed and maurials furnished under the Cantract,
to be used or consumed in making the public improvement or performing the public work as provided in
the Contract, then this obligation shall be null and void; othenvise it shall remain in full forco and effect,
subject, hawever, to the following conditions:
1) No assigiunent, moclification or change of the Principal and the Surety upon this bond for the
Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by
any extension of time for the completion of the Con- re�n of the failure of the Principal to comply with
tract shalt release the sureties on the bond. the Contract or with the Contract between the Prin-
cipal and his subcontracto:s. If the aznount realized
2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of
work under the Contract, any party in interest may the parties in full, it shall be distributed among the
maintain an action in his own name against the parties pro rata.
Signed and sealed this 14th day of Januarv � 2015 ,
IN THE PRFSENCE OF:
HURCK CHANICAL INDUSTRIES INC.
�
� ��L/ 'Q'�� Bs: � (Seat)
�
- Witaer
� � �L�r7 .
MERCHANTS BONDING COMPANY(MUTUAL)
!
Nams oI Saratr
%
a�• �o.t�CGc�Y�V�-� `����VY��d� cs��
�� ny.; Roxanne Jensen Attorney-in-Fact
APPROVED BY'�
I:V 'CHE PRESENCE OF:
o�v
H,: cs��
w��� �n�:
*This bond shall be approved in the case of the state by the state official authorized to enter into such con-
tract, of a county by its district attorney, of a city by its mayor, of a village by its president,of a town by its
chairman, of a school district by the director or president and of any other public board or body by the
presiding officer thereof.
PUSLIC 1MPROVEMENT
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES
WIS.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE Z
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 lowa(herein collectively called the"Companies"),
and that the Companies do hereby make,constitute and appoint,individually,
Brian Krause; Jeffrey R Meisinger; Kelly Cody; Kenton D Arps; Roxanne Jensen;
Trudy A Szalewski
of Green Bay and State of Wisconsin 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 obiigations in the nature thereof, subject to the limitation that any
such instrument shali not exceed the amount of:
� FIFTEEN MILLION($15,000,000.00)DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or underteking 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�ce 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 CeRification 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 shali 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 13thday of August , 2014.
,��isi�n�syti� ���"'�••
�.�'''�-�101�.{ '%; .'�\N...�D�yj�•.
.� P..�••..,t - • � G A . MERCHANTS BONDING COMPANY(MUTUAL)
�y��ap,tOR,��.�4�7:- �y��pRP�9,��'�y�� MERCHANTS NATIONAL BONDING,INC.
`�: �•�. —0- ``�:L ��--.2 -o- o; :
=,v: 2Ct�3 c.�� ;yJ, 1933 'c; �
�.f � .... �;rt{`:,` �. �'�••.. •'\-\'a�� ��
. �•� � � � .`' �'•� t'`c .'•
STATE OF IOWA �'''�q�r��r �t�N��'`�� ��.'�'•' President
COUNTY OF POIK ss.
On this 13th day of August 2014,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 Oes Moines, lowa,the day and year
firstabovewritten. WENDY WOODY
�P��A�S
o�' . q Commission Number 784654
Z °'�;!;:;,': My Commission Expires
,o`'w' June 20, 2017
Notary Pubiic,Polk Counry,lowa
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 fuli force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seai of the Companies on
this �day of��,.,�� �{,�p ������
j�-�- '�;',.�.���.�,,.5 .•' G C •.
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