HomeMy WebLinkAboutGartman Mechanical Services/GoTransit CONTRA CTOR A GREEMENT.•
HVAC /MPROVEMENTS: TRANSPORTAT/ON MA/NTENANCE FAC/L/TY
THIS AGREEMENT, made on the 12T" day of March, 2015, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
GARTMAN MECHANICAL SERVICES INC., 520 W. SOUTH PARK AVENUE,
OSHKOSH, WI 54903, 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:
(Keith Paul, Gartman Mechanical Services 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 January 31 ,
2015 "Invitation for Bids for HVAC Improvements: Transit Garage" specifications and
the Bid Form of the Contractor attached as Exhibit A. If anything in the Bid Form
conflicts with the Bid Specifications, the provisions in the Bid Specifications shall
govern. Also incorporated into this agreement are the federal contract clauses
attached as Exhibit B.
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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 by July 1 ,
2015.
ARTICLE III. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
5201,880.00, 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.
6. 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
2
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. The specific coverage required for this project are
identified in the January 31 , 2015 "Invitation for Bids for HVAC Improvements:
Transit Garage" specifications.
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.
3
, �
In the Presence of: CONTRACTOR /CONSULTANT
�
,
B :
r c¢ -
(Seal of Contractor Specify Title)
if a Corporation.)
By:
(Specify Title)
^ CITY OF OSHKOSH
i�
i� j� By: ,✓��
%�Z G�� c ' '' �����C Mark A. ohloff, City Manager
( itness) -��
�— � �
�' � 2� A n d: _�` �,, �,�, ��,
(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 At rn
��c:� ��,� _ �
City Comptroller
4
. . . ��!�!i��.�v
CITY OF OSHKOSH BID PROPOSAL FORM
Page 1 of 4
HVAC IMPROVEMENTS: TRAI�iSIT GARAGE
From: ���T�''1� ��f�►N�Gr�'L S�-ulG�S �u��(bidder's company name)
BID PROPOSAL DEADLINE: TUESDAY,FEBRUARY Z4,2015 @ 10:00 a.M. CST
Addenda: Receipt of Addenda numbered � of _� are hereby understood,
acknowledged and included in bidder's bid proposal form. If no addenda were issued for this
project please write"N/A"above.
In compi"iance 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 manuai to include ail described work completed to the Owners'satisfaction.
By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each parly thereto
certifies as to its own organization, that this Bid has been arrived at independently without
consultation, communication, or agreement as to a matter relating to this Bid and with any other
Bidder or with any competitor.
We, the undersigned, propose to furnish all labor and materia(s per the project specifications or
noted deviations for the following amount(s):
��� - BASE BID: Demo the three existing MUAs and replace with three new MUAs. Demo the existing
exhaust fans and replace with new exhaust fans. Modify existing f�atural Gas.Piping__system to.
handle new gas load. Upgrade, relocate and add N0� &CO sensors as shown on the drawings
for-propeG function.-Rrogr�m.the..ezisting_Honeywell Controls for the garage and parking.gerage:
area to handle new hvac.equipmenE.. Modify the roof hoods and exhaust hoods as necessary for
supporting the new hvac equipment: Remove the ceiling grid as found necessary to complete
- the hvac work above the ceiling panel. When complete, the HC must supply the HVAC engineer
with a complete air and water balance report for approval. HC must coordinate their installation
work with their hired electrician, insulator, bafancing contractor, control contractor, ceiling grid
mntractor and transit building's maintenance department.
- - . , 'DCI `�°
. TOTAL BASE BID $ f
__ - -d��-- /fv� - v�,' �as, °�
� � � F� h�- t> >v E rr�r t�j —�G� d---��— .
(Bid Price—in Word
ALTERNATE BID-1: Demo hot water unit heater UH-1, relocate a new unit heater UH-1 and all
its hot water piping specialties to its new location on first floor as shown on the drawings. In
addition, install a new recircufation fan for operation when the new UH-1 fan operates. Note all
valves, air vents etc are to be replaced with new and be reinsulated in this new location.
�a
ALTERNATE BID 1: ADD $ 3�O.
g�x ���sm� , 7�f�� ,�u,�D�� �1G�f� 1�aGGh�S � �—�---
(Alternate Bid 1 Add—in Words)
34
CITY OF OSHKOSH BID PROPOSAL FORM
Page 2 of 4
HVAC IMPROVEMENTS: TRANSIT GARAGE
ALTERNATE BID-2: Demo two existing Bus-Stack Exhaust Fans (EF-BE & EF-BE2) and replace
with new. In addition, replace ail the flexible high temperature intake hoses for both fans. Note
make sure new hose length is the same as existing hose length and connects to existing hoods.
f . Od
ALTERNATE BID 2: ADD $ 9� 'OC)�
JUi�1� T�S�hu9 �u� ir�.���l7 ��-ntr�5 �3- %
(Alternate Bid 2 Add-in Words)
� AL7'ERNATE BID-3: Upgrade the existing Honeyweil soflware DDC system to a modern day
� version.
a'O
ALTERNATE BID 3: ADD $ /�, �d4 .
�L�✓� 7�f���� 7�c�a }�u►�aD�� 17ou.�'�S �'d�--
. (Alternate Bid 3 Add-in Words) �
ALTERNA7E BID-4: Deduct the Electrical Contractor Bid Work from Base Bid and ail ALT Bids.
ALT BID 4: DEDUCT FROM BASE BID $ I � �-�a� ��
I�Jn�� Tff�uSr'�►J Q , S/�i /{�u x�f���fl r)'�'/F ��GG�-5
(A ernate Bid 4, Base Bid Deduct-in Words)
OO
ALT BID 4, DEDUCT FR�M ALTERNATE 1: $ � I �,
-
�'�Uttr ttvn�p�..� �iUtt r�� '�a1.t,�h,2-S
(Alternate Bid 4, ALT 1 Deduct-in Words)
80
ALT BID 4, DEDUCT FROM ALTERNATE 2: $_ I�OS/ .
�'VG- T1��Sfiiv� � ,FI�Tv Q�u� �o1L�S
_ . _. . _ . , _
(Altemafe Bid�4;ALT 2 Deduct-in INo�ds)
Warranty Details:
----- - -- - __-------- _.__..
Piease include one set of shop drawings of equipment for bid review.
. PROPOSED SUBCONRACTOR LIST:
ELECTRICAL: � ���z- �ZECT�f
MECHANICAL: G�1 S, .1-�c-�-,
INSULATOR: _ G h1�7, �i(JG,
,
OTHER: _ �Q��D�.�; �4X1��i�C� /3�1G�?ta✓f�- S'4L�'�S�S
���-� ��v3���,�' �',��,
35
CIiY OF QSHKOSH BID PROPOSAL FORM
Page 3 of 4
HVAC IMPROVEMENTS: TRANSIT GARAGE
Submittais will be reviewed for general compiiance with design concept and contract 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
afiter award of contract, provide required submittals for approval to the HVAC Engineer.
Contractor shall promptly respond to requests for additional information so that delivery and
installation schedules are not delayed.
QUALITY ASSURANCE-REGULATORY REQUIREMENTS
A. All work shall comply with the applicable code requirements in effect: Inciuding by
not limited to ASME, Division of Safety& Buildings Administrative 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, inspec�ion fees, certificate fees, and licensing fees.
SAFETY AND HAZARDOUS MATERIALS �
A. Contractor shafl be solely responsible for initiating, maintaining, and supervising all
safety programs and precautions and shall oomply with applicable safety laws, good
� industry standards or practices, and take all reasonable precautions for the safety of
their workers, City property, the Pubtic, or.City of Oshkosh employees, guest, or
vendors.
B. The City of Oshkosh retains the authority to approve all chemicals and tubrican�s
prior to Contractor bringing them on site. The Contractor sha(I 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.
SCHEDULE
A. Work shall be pursued during regufar working hours until complete. This work must
be specifically authorized by Jon Urben or other authorized representative of the City
of�shkosh.
B. � All work schedules shall be submitted and coordinated in advance to the designated
City of Oshkosh representative and Consultant.
INSTALLA7ION
A. Contractor shafl install equipment as outfined in specification drawings.
- - - - ------ . _ _. -_.. ----.._----
--___
PRODUCT DELNERY, SITE ORGANI7ATION AND CLEANUP
A. Contractor shall keep work areas orderly and free from debris during the course of
. installation 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.
36
CITY OF QSHKQSH BID PROPOSAL FORM
Page 4 of 4
HVAC IMPROVEMENTS: TRAPlSIT GARAGE
SIGNATURES
Date: v?"��'�'/.�Name of Company: _ ��1 S �xJG,
Submitted by: (name/title) L ► 5?,'rr�e maiL• 1���h�I�Grt�'Ti�tvrri�f��'�r-�.,Ca+�
Address of Company: ✓�� W. .��� �¢t��4.��hone: 90'���.3�'SS�
.. _ ._ _.. .._,.
That I have examined and carefu1ly prepared this Proposai from the Pians and Specifications and
have checked the same in detail before submitting this Proposal; that I have full authority to
make such statements and submit this Proposal in (its) (their) behalf, and that said statements
are true and correct
Signature /" Ttle ��1 � /�1zos���
37
Compliance with Specifications Certificafion
(Include this completed and signed form with bid documents)
T�ie bidder/proposer hereby certifies that it.will comply with the bid requirements issued
by OTS in this RFB. The bidder or proposer wairants and certifies that of the following
three paragraphs,paragraph A or B or C is true(�check one):
A• The bidder/proposer hereby states that it will comply with the
requirements in all areas. (This means that there are no exceptions to
the requirements, no matter how minor. If you have any doubts, check
paragraph C or call the procuring agency for assista.nce.)
B• The bidder/proposer hereby states that it will comply with the
requirements in all areas except those-where requests for clarification
were approved prior to bid submission.
C• The bidder/proposer hereby states that it wi11 comply with the
requirements in all areas except those noted on the attached page. The
bidder/proposer understands that those exceptions to the specifications
m y be_considered no -responsive, and may be rejected.
^ ,
Signature.
Typed Name: �5 ��f-{- . � �, I � �
� �
Title: /,�Q - s�,b.s�c.�� _.
Company: �'�S /i�G.
Date: ���211/S�
12
Overall Federal Regulation Compliance Certification
(Include this completed and signed form with bid documents)
All contractual provisions required by USDOT, as set forth in the FTA Circular 4220.1F,
are hereby incorporated by reference.Anything to the contrary herein notwithstanding,
all FTA mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this Agreement. The Contractor shall not perform any act, fail to
perform any act, or refuse to comply with any City of Oshkosh requests which would
cause the City of Oshkosh to be in violation of the FTA and WisDOT grant terms and
conditions. -
Signature: '
Typed Name: _ ,S�f1� � �,�,-�,,
Title: _ CJ�c� - �i��sr cle�f
Company: _ C�;��'I�S ���.
Date: ���?%/5— . .
13
Buy America Certification
(Include this completed and signed form with bid documents)
Certification requirement for procurement of steel, iron, or manufactured products.
Certifzcate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the ap licable regulation in 49 C.F.R. Part 661.5.
Date a !� / �
Signature
Company Name " rnTS ��
Title //'� - �s�'
OR
Certificate ofNon-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot coinply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5,but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or.5323(j)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
14
Lobbying Certification
(Include this completed and signed form with bid documents)
CERTIFICATION REGARDING LOBBYlNG(To be submitted with each bid or offer
exceeding$100,000)
The undersigned [Contractor] certifies,to the best of his or her knowledge a.nd belief,
that:
(1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to
any person for influencing or attempting to influence an officer or employee of an agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with
the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the
entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or
. modification of any Federal contract,grant,loan,or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency,a Member of Congress, an officer or
employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,
grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form--LLL
"Disclosure Form to Report Lobbying,"in accordance with its instructions[as amended by"Govemment
wide Guidance for New Restrictions on Lobbying,"61 Fed.Reg. 1413 (1/19/96). Note:Language in
paragraph(2)herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995(P.L. 104-65,to be codified at 2 U.S.C. 1601,et seq.)J
(3)The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and
cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31,U.S.C. § 1352(as amended by the I,obbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalry of not less than$10,000
and not more than$100,000 for each such failure.
[Note:Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A),any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each such expenditure or failure.]
The Contractor,��„5 �nc , certifies or affums the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
- - -
-Sigriature of Contractor's Autliorized Official � "- � '` -
Name and Title of Contractor's Authorized Official,s����'r{ q�.p '� _
Date_2/���ao�s •
15
THE AMER(CAN iNSTITUTE OF ARCHITECTS
AIA Document A3 f0
Bid Bond
KNOW ALL MEN BY THESE PRESENTS,tf�at we
G.M.S.,Inc. d/b/a Gartman Mechanical Services
520 W. Soutli ParkAvenue, PO Box 2264, Oshkosh, WI 54903
as Principal, hereinafter called the Principal, and
Merchants Boriding Company(Mutual)
2100 Fleur Drive, Des Moines, IA 50321-1158
a corporation duly organized under the laws of the State of IA
as Surety, hereinafter cailed the Surety, are held and firmly bound unto
City of Oshkosh
215 Church Avenue, Oshkosh, WI 54901
as Obiigee, hereinafter called the Ob(igea, in the sum of
Five Percent of Amount Bid
Doflars ($ 5% �
for the payment of which sum wei( and tru(y to be made, the said Principat and fhe said Surery bind oursefves, our
heirs,executors, administrators, successors and assigns,jointly and severatly,firmly by these presents.
WHEREAS, the Principal has submitted a bid for HVAC improvements Transit Garage
NOW, THEREFORE, if the Obligee shall accept the bid of the Principai and the Principal shall enter into a Contract
with the Obligee irr accordance with fhe ferms of such bid, and give such bond or bonds as may be specifiecf in the
bidding or Contract pocuments with good and sufficient sureiy for the faithful perfarmance of such Contract and for
the prampt payment of fabo� and material furnished in ihe prosecution thereof, or in the event of the failure of the
Principal to enfer such Contract and give such bond or bonds, if the Principal shall pay to the Obfigee the difference
not to exceed the penatfy hereof between the amount specified in sa(d bid and such (arger amount for which the
Obligee may in good faifh contract with another party to perform the Work covered by said bid, then this obligation
shai!be null and void,otherwise to remain in fuil force and effect.
Signed and sealed this 24th day of February 2015
� .
_ G.M.S.;fnc: d/b/a Gartman Mechanical Services
(Principal) (Sea!)
(Witness) BY� �.,�f��ry
'ii+�ca,�•. (r� e}
' .�pa`,�R�'flRq.A9?c; Merchants Bonding Company(Mutual)
` �I w i �1.��(1 :6'� i933 U'��: (S`LfB�� �SB8(�
..�•.- ,:�y:
Cheryl herm n (Witness) ..�v";,•'���'�,• BY� iv,,, o Q o� , `
... (Title) ���^I �
Pamela L. Ronski �Aftorney-in•Fact
COPIFORMS WITH AIA DOCUMENT A310•BID BOND•AIA'•FEBAUARY 1970 ED.THE AMER{CAN
INSTiTUTE QFAACHITECTS,1735 N.Y,qVE.,N.W.,WASHINGTON,D.C.20pW ,�
� � � MERCHA[�TTS
BONDING COMPANYn
. POWER OF ATTORNEY
KnowAil Persons By These Pr�esents,fhat MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,
INC.,both being corporations duly organized under the laws of the State of lowa(herein collectively cafled the"Companies'j,
and fhat fhe Companies do hereby make,constitute and appoint,individually,
Pamela L. Ronski
1ts true and fawful Attomey-In-Fact,with full power and authority hereby conferred to sign,execute and acknow(edge,at any placs
within the United States,the following surery bond:
Surety eond#: Bid Bond
Prinapal: G.M.S.,Inc.d/b/a Gartman Mechanical Services
Obligee: City of Oshkosh
and to bind the Companies theceby as fully and to the same exfent as if such bond or undertaking was signed by the duly
authorized o�cers of the Companies,and all the acfs of said Attomey-in-Fact, pursuant to the aufhority herein given,are
hereby ratified and confirmed.
This Power-of-Atfomey is made and executed pursuant to and by authorify of fhe foilowing By-Laws adopted by fhe Board of
Direcfors of the Merchants Bonding Company{Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National
Bonding,Inc.,on October24,2011.
"The President,Secretary�7reasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice Pr�sident shall have
power and authority fo appoint Affomeys-in-Fact,and to authorize them to execute on behaff of the Company,and attach the
seal of the Company thereto,bonds and undertakings,recognizances,contracks of indemnify and other writings obiigatory in
the nature thereof.
The signature of any authorized officer and the seat of the Company may be affixed by facsimile or electronic fransmission fo
any Power of Atfomey or Certification thereof authorizing the execution and defivery of any bond,undertaking,recognizance,
or other suretyship obiigations of the Company,and such signature and seal when so used shali have the same force and
effect as though manually fixed."
In Wifiess Whereof,the Companies have caused this insfrument to be signed and sealed this 23rd day of July,2014.
�,,�...����..�.,, �
,��`''�'CIONq�%,,; ..•`N�e�•.�
�`` �''4tP0/�' �= �O��RPO���'O9'. MERCHANTSBOND(NGCdMPANY(MUTUAL)
?��?:��,a '4i�: O? :�:�O 99�y�. MERCHANTS NATIONAL BONDtNG,INC.
'Q!1 -o- a�O= �E-�..''�' _o- cn• •
°-�=. 2043 ::�- :y� 1933 ���� _
:,�•�y�;�. ...�;;����,�` �•;�d.��,• •••`-�'a��� By �
.., � ���` � �
STATE OF IOWA ��"'�""""'��� ••��"���• President
COUMY OF POLK ss.
On this 23rd day of July 2014 before me appeared Larry Taylor,fo me personaily known,who being by me duly swom did
say that he is}'resident of the MERCHAN7S BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and
that the seals affixed to the foregoing insfrument is the Corporate Seafs of the Companies;and that the said instrument was signed and
sealed in behaif of fhe Companies by authority of their respective Boards of Directors.
In Tes6mony Wheceof,1 have hereunfo set my hand and affixed my O�ciaf Seal at the Cify of Des Moines,lowa,the day and year
first above written.
,�rR�'4�s WENDY WOODY
> Commission Number 784654
? '°" : My Commission Expires
�owr June 20,2017
STATE OF IOWA
COUNTY OF POLK ss. Nofary Public,Polk County,lowa
I, �Iliam Wamer,Jr.,Seaetary of the MERCHANTS BOND(NG COMPANY(MUTUAL)and MERCHANT'S NATIONAL BONDING,INC.,
do hereby cer�tify that the above and foregoing ts a frue and correct copy of the POWER-OF-ATTORNEY execuFed by said Companies,
which ts still in fuil force and effect and has not been amended or revoked.
ny�ritness Wher f,I have hereunt my hand and affixed the seal of the Companies on
this �4th day of �ebruary g��y�
�„������n�.,.
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'4��R�� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDM'YY)
3/12/2015
THIS CERTIFICATE IS ISSUED 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 hoider 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
certificate holder in lieu of such endorsement(s).
PRODUCER NAMEACT certificates willis.com
Willis of Wisconsin,IIIC. PHONE 877 945-7378 F"x
c/o 26 Century Blvd A/C No e�:( ) nic No: ($$8)467-2378
P.O.Box 305191 E-MAIL
ADDRESS:
Nashville,TN 37230-5791
INSURER(S)AFFORDING COVERAGE NAIC#
�n,suaeRn:Cincinnati Insurance Company 10677
INSURED INSURERB:CI�ICI�1�18t1 C8SU8I�CO�I'iF1811�/ 28665
GMS,Inc.Dba Gartman Mechanical INSURERC:
520 S Park Avenue wsuReR o:
Oshkosh,WI 54902-0000 INSURERE:
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.
'LTR TYFE OF INSURANCE A POLICY NUMBER MMIDDY� MMIDDYIYYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY � EACH OCCURRENCE $ 'I�OOO�OO
CLAIMS-MADE �OCCUR X EBA/EPP 028 93 29 �2/06/2014 12/06/2015 PREMISES Ea occurrence S 5��r�0
MED EXP(Any one person) $ ��,000
PERSONALBADVINJURY $ �,OOO,OO
GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $ Z�OOO,OO
POLICY a�E a �LOC PRODUCTS-COMP/OP AGG 3 Z,OOO,OO
orHeR: PD Per Occ Ded s 2,00
AUTOMOBILE LIABILITY � COMBINED SINGLE LIMIT
Eaaccident S �,�ODi�O
A X ANY AUTO X EBA/EPP 028 93 29 12106/2014 72/06/2015 BODILY INJURY(Perperson) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS Per accident
$
UMBRELLA LIAB X pCCUR EACH OCCURRENCE $ S,OOO,OO
A X EXCESS LIAB CLAIMS-MADE X EPP 028 93 29 12/06/2014 12/06/2015 AGGREGATE a 5,0���00
DED X RETENTION$ 0 $
WORKERS COMPENSATION � X PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
B OFFICER/MEMBER�EXCLUDED ECUTIVE Y� N�A WC 1926583-02 12/06/2074 12/06/2015 E.L.EACH ACCIDENT $ ����0�
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ �00,00
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ SOO,OO
A Contractors E&O EBA/EPP 028 93 29 12/06/2014 72/06l2015 See Attached
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Project:Oshkosh Transit
Blanket Additional Insured applies on the General Liability when required as per GA233(02/07n Contractors Commercial General Liability Broadened
Endorsement Coverage applies for completed operations.
Blanket Waiver of Subrogation applies on the General Liability when required as per GA233(02/07n Contractors Commercial General Liability Broadened
Endorsement.
SEE ATTACHED ACORD 101
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Oshkosh
Attn:City Clerk AUTHORIZED REPRESENTATIVE
215 Church Avenue �
P O Box 1130 %��.�
Oshkosh W154903
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:GMSINCG-01 PATILMS
�� LOC#: 0
ACORO` ADDITIONAL REMARKS SCHEDULE Page � of �
��"
AGENCY � NAMEDINSURED
Willis of WiSCOnsin,InC. GMS,Inc.Dba Gartman Mechanical
520 S Park Avenue
POLICYNUMBER Oshkosh,WI 54902-0000
SEE PAGE 1
CARRIER NAIC CODE
SEE PAGE 1 SEE P 1 EFFECTIVEDATE:SEE PAGE �
ADDITIONAL REMARKS .
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabilitv Insurance
Description of Operations/LocationsNehicles:
When required by written contract or agreement,coverage applies on a Primary and/or Noncontributory basis per GA233(02/07n
Contractors Commercial General Liability Broadened Endorsement
Primary and Noncontributory Insurance(Endorsement AA4174 11/05 is part of the Automobile Liability policy shown.
City of Oshkosh,and its Officers,Council Members,Agents,Empioyees and Authorized Volunteers are hereby named as Additional
Insureds with respects to the General Liability,Automobile Liability and Umbrella Liability for work performed by the Insured as
required in the written contractlagreement.
ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ADDITIONAL COVERAGE SCHEDULE
COVERAGE LIMITS
POLICY TYPE: General Liability Contractors Errors 8�Omissions:
CARRIER: Cincinnati Casualty Company $500,000 Per Claim
POLICY TERM: 12/06/2014-12/06/2015 $500,000 Agg
POLICY NUMBER: EPP/EPA 0289329
�.�.htb��t� �
Federal Contract Clauses
The following clauses will be attached to the awarded bidder's contract.
No Obligation by the Federal Government
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities
to the Purchaser, Contractor, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by the Federal Transit Administration (FTA). It is further
agreed that the clause shall not be modified, except to identify the subcontractor who will be
subject to its provisions.
Program fraud and false or fraudulent statements and related acts
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. § § 3801 et se�c . and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the Contractor certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining
to the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the
Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
Access to Records
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees
to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States
or any of their authorized representatives access to any books, documents, papers and records
of the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R.
633.17 to provide the FTA Administrator or his authorized representatives including any PMO
Contractor access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through
the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
3. The Contractor agrees to maintain all books, records, accounts and reports required under
this contract for a period of not less than three years after the date of termination or expiration of
this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Contractor agrees to maintain same until the
Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Reference 49 CFR 18.39(i)(11).
4. FTA does not require the inclusion of these requirements in subcontracts.
Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master
Aqreement (http://www.fta.dot.gov/documents/12-Master.doc) between Purchaser and FTA, as
they may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
Civil Rights
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Emplovment Opportunitv - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed, National Oriqin, Sex - In accordance with Title VII of the Civil Rights Act,
as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et se�c ., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive
orders, regulations, and Federal policies that may in the future affect construction activities
undertaken in the course of the Project. The Contractor agrees to take affirmative action to
ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
(b) Ac�e - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees
to refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
to employment of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor
to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the City of Oshkosh deems appropriate.
Each subcontract the contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
The successful bidder will be required to report its DBE participation obtained through race-
neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory perFormance of that work no later than 30 days after the contractor's receipt of
payment for that work from the City of Oshkosh. In addition, [the contractor may not hold
retainage from its subcontractors.] [is required to return any retainage payments to those
subcontractors within 30 days after the subcontractor's work related to this contract is
satisfactorily completed.] [is required to return any retainage payments to those subcontractors
within 30 days after incremental acceptance of the subcontractor's work by the City of Oshkosh
and contractor's receipt of the partial retainage payment related to the subcontractor's work.]
e. The contractor must promptly notify the City of Oshkosh, whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and must
make good faith efforts to engage another DBE subcontractor to perform at least the same
amount of work. The contractor may not terminate any DBE subcontractor and perform that
work through its own forces or those of an affiliate without prior written consent of the City of
Oshkosh.
Incorporation of FTA Terms
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include,
in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set
forth in the preceding contract provisions. All contractual provisions required by DOT, as set
forth in FTA Circular 4220.1 E are hereby incorporated by reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The Contractor shall not perform any
act, fail to perform any act, or refuse to comply with any City of Oshkosh requests which would
cause City of Oshkosh to be in violation of the FTA terms and conditions.
Termination Provisions
If the Contractor fails to deliver supplies or to perform the services within the time specified in
this contract or any extension or if the Contractor fails to comply with any other provisions of this
contract, the City of Oshkosh may terminate this contract for default. The City of Oshkosh shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature of the
default. The Contractor will only be paid the contract price for supplies delivered and accepted,
or services performed in accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is
required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or
affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR
29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters
into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City of
Oshkosh. If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to the City of Oshkosh, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment. The
bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this
offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
Buy America Requirements
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by
FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or
offers that are not accompanied by a completed Buy America certification must be rejected as
nonresponsive. This requirement does not apply to lower tier subcontractors.
Breaches and Dispute Resolution
Disputes arising in the performance of this Contract which are not resolved by agreement of the
parties shall be decided in writing by the authorized representative of City of Oshkosh's Director
of General Services. This decision shall be final and conclusive unless within [ten (10)] days
from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal
to the Director of General Services. In connection with any such appeal, the Contractor shall be
afforded an opportunity to be heard and to offer evidence in support of its position. The decision
of the Director of General Services shall be binding upon the Contractor and the Contractor
shall abide be the decision.
Lobbying
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act
of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid
for an award of$100,000 or more shall file the certification required by 49 CFR part 20, "New
Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or
award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the
recipient.
Clean Air
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees
to report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
Clean Water
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et se�c. The
Contractor agrees to report each violation to the Purchaser and understands and agrees that
the Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
Davis-Bacon and Copeland Anti-Kickback Acts
(1) Minimum wages - (i)All laborers and mechanics employed or working upon the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereofl due at time of payment computed at rates not less than those contained in
the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the
contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including
any additional classifications and wage rates conformed under paragraph (1)(ii) of this section)
and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily
seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by
the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
(4)With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the
area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,
That the Secretary of Labor has found, upon the written request of the contractor, that the
applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of obligations
under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefor only when the following
criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification
in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or
an authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(2) Withholding -The City of Oshkosh shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or
any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,
which is held by the same prime contractor, so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics, including apprentices, trainees,
and helpers, employed by the contractor or any subcontractor the full amount of wages required
by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract, the City of Oshkosh may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such
violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to the City of Oshkosh for transmission to the Federal Transit
Administration. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5.
This information may be submitted in any form desired. Optional Form WH-347 is available for
this purpose and may be purchased from the Superintendent of Documents (Federal Stock
Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The
prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by
the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following: (1) That the payroll for the
payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of
Regulations, 29 CFR part 5 and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
the Federal Transit Administration or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, the Federal agency
may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i)Apprentices -Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator of the Wage and Hour Division of the U.S. Department of
Labor determines that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated with
the corresponding journeyman wage rate on the wage determination which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who
is not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually perFormed. In addition, any trainee perForming work on the
job site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually perFormed. In the
event the Employment and Training Administration withdraws approval of a training program,
the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal emplovment opportunity -The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements -The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts -The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment-A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor
as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements -All rulings and interpretations
of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein
incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
Contract Work Hours 8� Safety Standards Act
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10
for each calendar day on which such individual was required or permitted to work in excess of
the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (1) of this section.
(3)Withholding for unpaid wages and liquidated damages -The City of Oshkosh shall upon its
own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as
may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of
this section.
(4) Subcontracts -The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraphs (1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (1) through (4) of this section.
Bonding
A Bid Bond must be issued by a fully qualified surety company acceptable to the City of
Oshkosh and listed as a company currently authorized under 31 CFR, Part 223 as possessing a
Certificate of Authority as described thereunder.
If awarded the contract, the contractor will provide the owner a Payment and Performance Bond
in the amount of the contract price, covering faithful perFormance of the contract and payment of
obligation arising thereunder, as stipulated in bidding requirements, or specifically required in
the contract documents on the date of the contract's execution.
Energy Conservation
The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
ADA Access
The Recipient agrees to comply with the Americans with Disabilities Act of 1990 (ADA), as
amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be
made available to individuals with disabilities; with the Architectural Barriers Act of 1968, as
amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations
be accessible to individuals with disabilities; and with other laws and amendments thereto
pertaining to access for individuals with disabilities that may be applicable.
MERCHANTS�,
BOND[ NG COMI'ANY..
MERCNANTS OOIdD1NG COMI'ANY(MUTUAU • MERCHANTS NATIONAt BOiJOfNG.INC.
21I1Q FLEUR�RIVE•DES MQINES.IOWA 50321-I1SA•(800T G�A-A171 •1515>243•3854 fNC
Performance Bond �of 3 originals
Bond No.�N�C 55671
COFITRACTOR: SU RETY:
fNome/ega!status a�daddnssj (.Yamt,Iegol sra�us arrd prir�cipalp/ace
ojbe.:i�rc:s)
G.M.S.,Inc. d/b/a Gartman Mechanical Services Mcrchants8ondingCompany(Mutuai)
2100 Fleur Drivq Ues Mo�ncs.lA 5032 t-1158
520 W.South ParkAvenue,PO Box 2264,Oshkosh,WI 54903
OWNER:
(Name./cgelsro�raa,rdadJnss)
City of Oshkosh
215 Church Avenue, Oshkosh, WI 54901
CONSTRUCTION COAlTRACT 7Thts document e+as impatant teqar
Datc: March 12, 2015 ao attor�y tssencou ged wit�n h
AmOUnt: Two Hundred One Thousand Eight Hundred Eighty Dollars and 00/100 �2��,880.�� resp6Ct to 5t5 oompletion or
moaibutioti
Dcscription: My sirgutar rcterrnce to
(No�re ond Iocn�ion) ConVador,Surety.Owner or
HVAC Im rovements: Trans ortation Maintenance Facilit om"va`q'a'"x°°`°r's'°e"a
p P Y pluroi whe�e appticabb.
This document oombhses two
BOND separate oonds,a Pertamarxe
p,« March 12, 2015 Bw�d and a Paymenl Bond,���o
(Ab!rarlier thon Constractfon Car�mct Dote) one form.Ttiis Is�wt a stngfe
eombtned Performanee ar+a
Payment Bo�d.
AmOUnG Two Hundred One Thousand Eight Hundred Eighty Dollars and 00/100 �2��,$$�.�0
Modifications to this Uo�d: �No�c ❑Scc Scctioa 16
COMTRACT�R AS PRINCIPAL SURETY �o�N�_Ca��:,
Com�►ny: (Corpor e Seol) Company: (C°�`�r�PP�Q�'yi:
G.M.S.,Inc.d/b Gartman Mech nica ervices Meschants Sonding Comparty(1�l��rrj�i) o �,. .
� /j �jg .'.'�%
Snat grutu�A/�rv�.p.�C�. oC-•iK��•
Name U /� Ar,vne rc P�me a . ons I �.,Fb�,�;.,.,..•��:'
end 1itIc: �%�-1G'/�zst� m�d Tiik:Attomey-[:rFact , '� ,
(Any oddilio►+aI s ignolrres appear o.+t t Iost page ojtlrts Prrformence Bo�d.) ��
(FOR IAI'ORNAT/ON ONLY—Nomr,addiess and rdapho�+r)
AGENT or E3ROitER: OWNER'S REPRESENTATIVE:
(Arr/�itcc[.Ei+giircti or other party_)
WI��IS
City Center East, 122 E College Avenue(2nd floor)
Appleton, WI 54911 ,
920 739-7711
Printed in cooperation with Ame�ican Institute of Architeds(AfA). The language in this doeument conforms
exactfy to the language used in AIA Oocument A3i2-Payment Bond-20f0 edition.
CON 0656{6/12)
l
§1 Thc Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
s►nd assigns to the Owner for ihe perfotmance of the Constructian Contract,which is incorporated herein by reference.
§2 Tf the Contractor perfatms the Construct'son Contract.the Surety and tE►e Contractor sha{!have no obligation under
this Bond,except when appiicable to participate in a canferenee as provided in Scetion 3.
§3 If Qtiere is no Owner Default under the Construction Contract,the Surety's obiligation under this Bond shall arise
after
.1 ihe Owna first provides notice to lhe Contraccor and the Sur�ty that ihe Owner is considering declaring
a Contractor Uefault Such notice shall indicate whether the Owner is requesting a oonferenee among
the Owner,Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference,ttie Surety may,within fi�e(5)business days aiier receipt of Owne�s notice.
request such a conference. Ff the Surety timely requests a conference,the Owner shal]aitend. Unless
the Ownu agrees otherwise,any conference requested under this Section 3.l shall be held tivithin ten
(10)business days of ihe Sur�ety`s receipt of the O�vne�s aotice. If the Owner,the Cantractor and the
Surety agtee,tt�e Contractor shatl be attowed a reasonable time to perfocm the Constructian Contract,
but such an agreement shall not waive the Ownet's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declazes a Contractor Defautt,terminates the Construction Contract and notiRes the Surety;
and
3 the Owner has agreed to pay the Balance of the Contract Price in accordat�ce with the teyms of the
Construction Contract to the Swety or to a cantractor selccted to perform the ConstruMion Contract
§4 Failure on tht part of the Owner to wmply wieh the notice requirement in Seciion 3.1 shall not canstiiute a failure
to comply with a condition precedent to thc Surety's obligations,or relesse the Surcry from its obligations�exccpt to
the extent the Surety demonstntes actual prejudice.
§5 When the Owner has satisfied the conditions of Scciion 3.the Surety shall promptly and at the Surety's expense
t�Ice one of the following actions:
§5.1 Arrange for tha Contractar,with the consent of the Owner,to perform and complete the Construction ContracK:
§5.2 Undertake to perform and complete the Construction Contract itselfthrough its agents or independent
contracton:
§5.3 Obtain bids or negotiated proposals from quaIified contractors acceptabtc to the Owner for a contract for
perfonnance and completion of the Construction Contract,arrange for a contract to be prepared for execution by 1he
Owner and a coniractor selected with the Owne�s a►ncurrence,to be secured with performance and payment bonds
executed by a qualified surety equivatent to the bonds issued on the Construction Contract,and pay to the Owner ihe
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incu�red by the Owner as
a resuk of the Contractor Defaul�or
§5.4 Waive its right to perEorm and complete,arrange for completion,or obtain a new contractor and with reasonablc
promptness under the circumstances:
.1 Aftcr investigation,determine the amount for which it may be liable to the Owner and,us soon as
practicable after thc amount is determined,make payment to the Owner,or
.2 Deny liability in whote or in pari and notity ihe Owner.citing the reasons for denial.
§6 If the Surcty doa not proceed as provided in Section 5 with reasonable promptness,the Surety shatl be deemcd
to be in default ort this Bond sevrn days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Ovmer shall be entided to enforct any
remedy available to the Owncr.I!'the Sorety proceeds as provided in Section 5.4 and the Owner refiues the payment
or lhe Surety has denied liabitiry,in whole or in part,without furiher notice the Owner shall bc enUtted so enforce any
remedy available to ihe Owner.
2
§7 lf the Sureiy elects to act under Scctian 5.1,5.2.or 5.3,then the responsibilitics of the Surety to the Owner shall not
be greater than those of the Contractor under the Constructian Contract,and tho responsibilities of the Owner to ihe
Surcty shall not be greater than those oi'the Owner under t2�e ConsWction Contrac� Subject to tfie commitment by the
O�vner to pay the$afance of the Contract Price,the Surety is obligated,without duptication.for
.1 the responsibilities oCthe Contractor for correction oCdefcctive work and completion of the
Constructeon Contract:
Z additional legal,design professional and detay costs resutting from the Contractors Defau[t,and
resulting from the actions or('aifurc to act of the Surety under Section S:and
.3 liquidated damages,or if no liquidate�damages are specified in the Construction Contract,actual
damages causcd by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's tiability is limited to the amount of this Sond.
§9'Fhc Surety sh311 not be liabte to the Owner or othcrs for obligations of the Contractor thut are unrelaled to thc
Construction Contract,and the Bafance of the Contract Price shail not bc ceduad or set off on account of any sucfi
unrelated obiigations.No right of action shall accroc on this Sond to any person or rntity oiher than the Owner or its
hein,executors,adrninistraton.successots�nd assigns.
§YO The Su�ety hereby waives notice of any change,incloding chatrges of time.to the Canstructian Contrsct or to
related subconEracts.purchase orders and other obligations.
§11 Any proceeding,le�a[or equitable,andor this Bond may be insdtuced in any courl of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted�vithin two years after a declaratian
of Conlractor Default or within hro yeats atia the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph
are void or prohibited by la�v,the minimum period of limitatian availabte to surcties as a de1'ense in the jurisdiction oF
ihe s�it sha11 be applicable.
§12 Notice to ihe Surety,the Owncr ar the Coniractcx shat!be mailed ar delivcred to the address shown on the page
on.rhich their signature appears.
§23 Whcn this Bond has been furnished to comply with a statutory or other tegal requirement in the tocation whcre
the construction was to be perCormed,any provision in this Bond conflicting with said statutory or tegal requirement
sha[!be dcemed deleted hercfrom and provisions conforming to such statutory or other legal requircment shall bc
deerned incorporatcd herein.When so furnished.the intent is that this Bond shall bc consuued as a statutory bond and
not as a common law bond.
§14 Aefiaitions
§1�1.1 Iialance of the Contract Pricc.The total amount payabie by the Owna 10 ihe Contractor under ihe Construction
Contract after a1S proper adjustments have been made,includi�g ailowance to the Contractor of any amounts received
or to be reccived by the Owner in settlement of insurance or other claims Cor damages to which the Contractor is
entitled.reduced by�!!valid and proper paymenu made to or on behalf of the Contractor under the Construction
Conlract.
§14.2 Construction Coatraci.Tha agrcement between Uie Owner and Contractor identi6ed on the cover page,
including all Contract Documents and ehangts made to dtie agreement and the Contract Documenls.
§143 Coetractar Dc(ault.Failure of the Contractor,which has not bcen remedied or waived,to perform or othetvrise to
comply with a matcrial term of tht Construction Contract.
§14.4 O�vner De[�ult.Pailure oi'the Owner,which has not been remedied or�vaived,to pay the Contractor as rec�uircd
under the Construction Contract or to perform and complete or comply with the othcr material tecros of the
Construction Contract.
§14S Contcaet Docu�uents.Ail tha documents that eompriso die�greemeat between the OHner and Contractor.
§!S lfthis Sond is issued for an agrcement bet�veee a Contractor and subcontractor.the tcrm Contracior in this Bond
shall be deemed to be Subcontractor and the tenn Owner shal!be deemed to be Coniractor.
3
§16 Modificalions to this bond are as follows:
(Space is provided below jor additional sigrratures ojadded parties, orher Ihan those uppearing on the cover page.)
CONTRACTOR AS PRINCIpAL SURL7Y
Company: (Corporate Sealj Company: (Corporate Seal)
Signature: Signature:
Namc and Tit1e: Name and Title:
Address: Address:
a
e
�1/t.ERC�-�ANTS '�
BON'DYNG COMPANY�
MEEtCEiANTS eONDING COMPAPIY(MUTUAL) • MERCHANTS NATIONAL SONDING. lNG
220t1 FLEUR DRIVE • DES MOINES.IOWA 50321-11SA•($00)67&8171 •(Sl5)243-:i854 fAX
�of 3 originals
Payment Bond 8ond No.WIC 55671
CONTRACTOR: SURETY:
(Name,lega!stah�s and ndd►•ess) (Name,legal slatru and principal ploce
of 6nsiness)
G.M.S.,Inc. d/b/a Gartman Mechanical Services MerchantsBondingCompany{Mutualj
520 W.South Par1c Avenue,PO Box 2264,osnkosn,WI 54903 2100 Flcur Drive,Des Moines,lA 50321-1 IS$
ow��R:
(Narrrc,lega!s�atus and nddress)
City of Oshkosh
215 Church Avenue, Oshkosh, WI 54901
CONSTRUCTIOPt CONTRACT This document has tmportant legat
Date: March 12, 2015 CO"�`�"��'CO"���0""`��
an atiomey is encauage0 wdh
Amount: Two Hundred One Thousand Eight Hundred Eighty Dollars and 00/100 �2��,$80.�� ►espea fo rts comp�eGon a
modific3tion.
Description: Any singular referenoe to
(Name and locatlon) Contracto�,Surety,Owner or
HVAC Improvements:Transportation Maintenance Facility other party shaN be considered
plwal where applicab�e.
This document Combines lwo
BOND separate Donas,a Pertormance
Date: March 12, 2015 Soncl and a Payment Sond,into
(No1 earlier lhan Colrslrucliort Contract Da�e) one form.This is not a single
combined Performance and
Paymertl Band.
Amount Two Hundred One Thousand Eight Hundred Eighry Dollars and 00/100 �2��,$$�.�0
Modifications to this IIond: �None ❑ See Section 18
CONTRACTOR AS PRINClPAL SURETY •�o?����R��°.�•.
Company: (Corporare al) Compa�y: (Corparate� �°-`�-�:
��:
Merchants Bondin Com an utuat �� '':�;
G.M.S.,Inc.d/b/a G man Mec an' al S ices g p y� �y� 9933 :cy�
Signaturc: �(�l- (.�' Signature:S a^-•-• o V� � °. ',�;;,�'i�y:
N.vrn Name
Pamela L. Ronski �C�=,,.,
and'fitlG �'�—��1�` - andTitle:Attomey-in-F�ct
(.4ny acfditional signah�res appear on the lost page of this Pa��men1 Bond.)
(FOR lNFORAqATION QNLY--.Nome,trddress nral telephonc)
AGENT or BROKER: OWNER'S REPRESENTATEVE:
Willis (A1chi�ec�,Errgb�eerorotherpar•ty:)
City Center East, 122 E College Avenue(2nd floor)
Appleton, WI 54911
920 739-7711 '
Printed in cooperation with American inst+tute of Architects(AIA). The language in this docament conforms
exactly to the language used in AIA Document A312-Payment Bond-2010 edi6on.
s
§t The Contractor and 5urety,joiniiy and severaliy,bind themselves,their heirs,executors,adminisirators,successors
and assigns to lhe Owner to pay for labor,materiats,and equipmrnt furnished for use i�ihe performance of the
Construction Contract,which is incorpocated hercia by reference,subject to the folio�ving terms.
§2[f the Contracfor promptiy makes payment of a1l sums due to Claimants,and dcfends,indemniTies,and holds
harmless the O�vner f iom claims,demands,tiens or suits by any person or entity seeking payment for labor,materiais
or equipment fumished for ase in the performance of the Construction Contract,then the Surety and the Cantractor
shall have no obligation undcr this Bond.
§3 If there is no Owner Defauli under the Construction Contract,the Surety's obligation to tho Owner under this IIond
skall arise aftcr the Owner has promptly natified thc Contractor and the Surety(at Lhe address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owae�'s property by any person or entity seeking payment
for labor,materials or equipment fumished for use in the performance of the Construction Contract snd tendered
ckfense of such daims,demands,liens or suits to the Contractor and the Surety.
�4 When the Owner has satisfied the conditions in Section 3.,the Surety shall promptly and at the Surety's expense
defcnd.indemniFy and hold harm[ess the Owner against a duly ttnde�ed claim,demand,(ien or suit.
�5 The Surety's obligations to a Ciaimant under ihis Bond shall arise aiter the follo�ving:
§S.1 Claimants,who do not have a direct contract with the Contractor,
.1 have fumished a written notice of non-payment to lhe Contractor,stating with substantial accuracy the
amount claimed and th�name of the party to whom the materials were,or cquipment was,fumished or
supplied or for�vhom the Iabor was done or performed,within ninety(90j days after having last
performed labor or East fumished materials or equipment included in the Claim;and
•Z have sent a Clairn to the Surety(at the address described in Section 13).
§5Z Claimants.who are employed by or have a cEirect eancracc with the Coniractor,have senL a Claim to the Surety(ai
the address described in Seciion 13).
§G Ifa noGce of non-payment rcquired by Section 5.1.1 is given by the Owner Eo ihe Coatractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied ihe conditions of Sections 5.1 or 5.2*whichever is applieable,the Surety shaIl
promptly and at the Surety's expense take the following actions:
§7.1 Send an answtr to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed:and
§7.Z Pay or arrange for payment of any undisputed amounts.
§73 The Surety's failure to discharge its obligations under Section 7.1 or Section 72 shatt not bc deemed to
constitute a waiver of defenses the Surcty or Contractor�ay have or acqu'ue as to a Claim,except as to undisputed
a�nounts for which the Surety and Claimant have reached agrcement.If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the CZaimant for the reasonable attorncy's
fees the Claimant incurs thereafter to recover s►ny sums found to be due and owing to the Claimant.
§8 The Surety's total oblEgation shalI not exceed the amount of this Bond,plus the amount of reasonable attomey's
fccs provided under Section 7.3.and thc amount of this Bond shal[be credited for any payments made irt good faith
by the Surety.
§9 Amounts owed by the O►vner to the Contractor undet the Construciion Contract shaU be used for the performance
of the Construciion Contract and to satisfy claims,it'any,onder any consUuction performance bond.Sy ihe
Conttactor furnishing and the Owner accepting this Bond,they agree that aIt funds eamed by the Contractor in the
pedormance of the Constn�ction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
F3ond,sab,ject to the Owner's priority to use the funds for the completion of the work.
6
§10 The Surety shail not be liable to the Owner,Claimants or othcrs for obligations of the Contractor that are
unrefated to the Construction Contract. The dwner shal[not be liabte for the paymertt of any cosis or expenses of any
Claimant ander this 8ond,and shall have under this 8ond no obligation to make paymenu to.or give notice on behalf
of Claimants or otherwise have sny obligations to Ctaimants undcr this Bond.
§i I 7i�e Surety E�ereby�vaives notice of atty chaage,inclvding changes of time,to the Constniction Contrsct or to
relaied subconiracts,purchase orders and other obligations.
§12 No suit or action shall be wmmenced by a Claimant uncier this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subjec!of the Constraction Contract is located or aller the
expiration of one year from ihe date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section S.t.2 or 5.2.or(2)on which the last]abor or service was performed by anyone or the last materials or
equipment�vere furnished by anyone under the Construction Contract,whichever of(I)or(2)first occurs. If the
provis'sons of this Pacagraph are void or prohibited by law,the minimum period of Iimitation avaifable to sureties as a
defense in the}urisdiction ofthe suii shall be applicable.
§13 Not'sce and Claims to the Surety,the�wtter or the Contractor shal!be mailed or deiivered to the address shown
on the page on which their signateue appears. AcEual receipt of notice or Claims,however accompfished,shatf be
suf'ficient compliance as of the date received.
§14 When this Bond has been furnis6ed fo comply�vith a statutory or other lega!reqnirement in the location where
� the construction was to be pesforrned,any provision in this Bond eonfliciing with said statutory or tegal reqciirement
shall be deemed deleted herefrom and provisions conforming to such siaiutory or other legal requirement shall be
deemed incorporated herein.When so furnisltied,the intent is tha!this Bond shall be construed as a statutory bond and
not as a common law bond.
§IS Upon request by any person or enlity appearing to be a potential beneficiary of this Bond,the Contractor and
Owncr shall promptly fumish a copy ofthis$ond oc shalt permit a copy to be made.
§16 Definitions
§1G.1 Cla;m.A written statement by tbe Claimant inclucting at a miaimum:
.1 the name of the Claimant;
.2 the name of thc person for whom the labor was done,or materiats or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment ivas
furnished for use in the performance of the Construction Contract:
.4 a brief description of the labor,materials or equipment furnished:
S the date on which the Claimant last perfor�ned labor or last furnishtd materials or equipment for use in
the perCormancc of the Construction Contract:
.6 the total amount earned by the Cla+mant for(abor,matetiats or equipment fumished as of the date of
the C1aim:
.7 the total amount of previous paymenis received by thc Ctaimant;and
.8 the total amount due and unpaid to ttic Claiman;for Iabor,materials or equipment furnished as of the
date of the Claim.
§16Z Claimant An individuat or entity having a direct contract with tho Contractor or with a subcontractor of ihe
Conlraclor to fumish tatwr,maierials or equipment for use in the performance of the Cons(ruction Contract.The term
Ciaimant also includes aay individual or entity tf►at has rightfulty asscrted�claim under aa npplicable mechanic's lien
or simitar statute against the real property upon which the Project is located.The intent of ti�is Bond shal)bc to
include without limitation in the terms"labor,materiats or equipment"ihat part of water,gas,power,light,heat,oit.
gasoline,telephone service or rental equipmeni used in the Construction Contract,architectural and engi�eering
services required for performance of the wark of the Contractor and the Contracto�'s subcontracton,and alI other
items for which a mechanic's lien may be assMed in the jurisdiction where the tabor,materials or equipment wen
furnished,
§16.3 Constructioa Contract.The agreement bet�veen the Owr�er and Contractor identifted on the cover page,
including sll Contract Documents and a!I changes made ta the agreement and the Contract Documeats.
7
§16.4 Owner Default. Failure of the Owner,which kas not been remccfied or waived,to pay the Coniractor as rc�uired
uncfer the Construction Contract or to perform and complete or comply with the othcr material terms of the
Construction Contrac�
§tG.S Contract Documents. AIE the documenis ihat comprise the agreement between thc Owncr and Contractor.
§17 !('lhis Bond is issueci for an agrcement between a Contractor and subcantractor,lhe term Contractor in this Bond
shall be deemed W be Subcontractor aad the term Owner shall be deemed ta be Contraccor.
§l8 Moclifications to this bond are as fotlotivs:
(Spc,ce is provided below for additional signatures of added parlies, other than lhose appearing on Jhe eover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: {Corpora�e Sea� Compai►y: (Corporate Sea�
Signature: Signature:
Name and Title: Namc and Titla:
Adciress: Address:
$
, � • .
� MERC�][ANT�S�
BONDING COMPAN��
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,
INC.,both 6eing corporations duly organized under the laws of the State of lowa(herein collectively calfed the"Companies"),
and that the Companles do hereby make,constitute and appoint,Indivldually,
Pamela L. Ronski
its true and lawfui Attomey-in-Fact,with fuli power and authority hereby conferred to sign,execute and acknowledge,at any place
within the United States,the foliowing surety bond:
Surety Bond#: WIC 55671
Prinapai: G.M.S.,Inc. d/b/a Gartman Mechanical Services
Obligee: City of Oshkosh
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 Attomey-in-Fact, pursuant to the authority herein given,are
hereby ratified and confirtned.
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,7reasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attomeys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the
seal of the Company thereto,bonds and undertakings,rec�gnizances,contracts of indemnity and other wriUngs obligatory in
the nature thereof.
The signature of any authorized offi�r and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attomey or Certifica6on thereof authorizing the execution and delivery af any bond,undertaking,recognizance,
or other suretyship obligations of the Company,and such signature aod seal when so used shall have the same foroe and
effect as though manualty fixed."
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 23M day of July,2014.
,,,,,���I�III�INIIy', ••�� � ��••
`��.•``�p���NqC �'-.. ��0���•��?�p•� MERCHANTS BONDINC3 COMPANY(MUTUAL)
; q:04POi¢,��d�; ��O.•O�PU9,�•9y� MERCHANTS NATIONAL BONDING,INC.
=�:�G �'.y�: �y:C� .�:.t�
-0- ° ;t~.—`� -o- o' .
:�j= 2�Q3 ��; y; 1933 ;c: ey �
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.d,��. ,..;���,,=� :`'d,�W........�:�a;.
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STATE OF IOWA ''.,���""r"'�"����"`,, '••••••• • Pr�sident
COUNTY OF POLK ss.
On this 23rd day of July , 2014 , before me appeared Larry Taylor,to me personally known,who being by me duly swom did
say that he 1s P�+esident of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and
that the seals affixed to the foregoing lnstrument 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
first above written.
.�PR�^�s WENDY WOODY
0
� Commission Number 784654
Z °°, : My Commission Expires
,o,,,,P June 20,2017
STATE OF IOWA Notary Public,Polk County,lowa
COUNTY OF POLK ss.
�, William Wamer,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
do hereby certify that the above and for�ec,�oing is a true and correct copy of the POWER-0E-ATTORNEY executed by said Companies,
which is still in full foroe and effect and has not been amended or revoked.
In y1li'tness Whereof�ha�e hereuntg�s��my hand and affixed the seai of the Companies on
this �Lt� day of arc ,
.`'�����ION��'n .••" ••.
' NG C� .
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a, :° - �z: -O- °;�: sec�etary
200.3 �2? .� _�.
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POA 0007(7/14) ',�`'''•�.,.�,Y,4,��.�a►►�`' '••,....