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HomeMy WebLinkAboutAgreement Contractor/ HVAC Improvements 2.25.2016 AA 37- CONTRACTOR `-CONTRACTOR AGREEMENT- HVAC IMPROVEMENTS MEDIA SERVICES/PHONE ROOM THIS AGREEMENT, made on the 25TH DAY OF FEBRUARY, 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and GARTMAN MECHANICAL SERVICES, 520 W SOUTH PARK AVE, OSHKOSH WI 54902 hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: {SCOTT OLEJNIK, PROJECT MANAGER, GARTMAN MECHANICAL SERVICES 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, CITY OF OSHKOSH) ARTICLE 111. SCOPE OF WORK The Contractor shall provide services described in the proposal dated FEBRUARY 9, 2016 (THIS ATTACHED AS EXHIBIT A) The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 1 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 JUNE 1, 2016 ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $39,800.00 (Thirty nine thoursand Eight hundred dollars and 00100 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services to be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. 2 ARTICLE VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. (THIS ATTACHED AS EXHIBIT B) If applicable, the Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX, TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement 3 In the Presence of: CONTRACTOR /CONSULTANT By: (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH j By: y Ma k A. Rohloff, City Manager WWitness) 1 ' And; (Witness) Pamela R. Ubrig` City Clerk' APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. City Atto City Comptroller 4 EXHIBIT A 5 OCH-2015-9 HVAC Zmprovenients OCMS City Hall I-9-201.6 CITY OF OSHKOSH 81D PROPOSAL FORM Page t of 3 HVAC IMPROVEMENTS: OCMS,OSHKOSH CITY HALL From; /157P1h)J 5'F9vl6,g- (bidder's company name) BID PROPOSAL DEADLINE: TUESDAY, FEBRUARY 9, 2016 @ 1.0;00 A.M. CST Addenda: Receipt of Addenda numbered ® of G are hereby understood, acknowledged and Included in bidder`s bid proposal form, If no addenda were Issued for this project please write"N/A"above, In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners'satisfaction, By Submission of this Bld, each Bidder certifies, and In the case of a joint Bid, each party thereto certifies as to Its own organization, that this Bid has been arrived at Independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): BASE BID: Remove the existing 6 ton cooling only Pan Coll system &Associated Ductwork andInstall four -new split cooling units In four different locations. This work will require the removal of the exiting cooling unit's Ductwork, Diffusers, Grilles plus the removal and replacement of the existing plastic condensate drain line, The new condenser will be installed on top of a 12 inch painted metal stand, located on a new concrete slab, In addition, HC must relocate some supply diffusers and Install new return grilles for the existing VAV box systems. All new refrigerant lines must be insulated and ran from units through the concrete frame of a specified outdoor window to the outdoor condensers. When complete, the HC must demonstrate the operational features of the new system to the owner and the HVAC engineer. HC must work closely with the City Halls maintenance department when removing and replacing the ceiling tiles. mss' TOTAL BASE BID $ �5 d L av 7+�1 i' It�1lu �S ,q jGrtT N9 'PotL, (S se Bid Price--In Words) i 16 OCH-2015-4 HVAC Improveinents OCMS City Hall I-9-2016 CITY OF OSHKOSH BID PROPOSAL FORM Page 2 of HVAC IMPROVEMENTS: OCMS, OSHKOSH CITY HALL. Warranty Details: ,5 F, `�h rr5 . Ca�a� 5 f , Please Include one set of shop drawings of equipment for bid review, PROPOSED SUBCONRACTOR LIST: ELECTRICAL; MECHANICAL:- eJ 1M OTHER: Submittals will be reviewed for'general compliance with design concept and contract documents only. Full compliance with contract documents, Code Yequirements, dimensions, fit finishes, and Interface with the existing Control System is the Prime contractor's responsibility. Within 7.days after award of contract, provide required submittals for approval to the HVAC Engineer, Contractor shall promptly respond to requests for. additional Information so that delivery and installation schddules are not delayed. QUALITY ASSURANCE—REGULATORY REQUIREMENTS A. All work shall comply with the applicable code requirements in effect: Including by not limited to ASMI;, 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. SAFETY AND HAZARDOUS MATE=RIALS A. Contractor shall be solely responsible for Initiating, maintaining, and supervising all safety programs and precautions and shall comply with applicable safety laws, good Industry standards or practices, and take all reasonable precautions for the safety of their workers, City property, the Public, 'or City of Oshkosh employees, guest, or vendors. B. The City of Oshkosh retains the authority to approve all chernlcals and lubricants prior to Contractor bringing them on site. The Contractor shall furnish a Material Safety Data Sheet and proper labeling for each hazardous chemical to be brought Into the premises in compliance with OSHA Hazard Communication Standards, and track usage for EPA reporting purposes, SCHEDULE A. Work shall be pursued during regular working hours until complete. This work must be specifically authorized by Jon Urben or other authorized representative of the City of Oshkosh. B. All work schedules shall be submitted and coordinated in advance to the designated City of Oshkosh representative and Consultant, INSTALLATION A. Contractor shall install equipment as outlined in specification drawings. 17 0CH-2015-4 HVAC Iniprovornents OCMS City Half 1-9-2016 PRODUCT DELIVERY, SITE ORGANIZATION 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 Repalred and new equipment and adjacent areas of grease, dirt and other construction debris at the time of Substantial Completion, SIGNATURES Date: `�� Name of Company: Submitted by: (name/title) -�40 i✓ t -Emaii: Z1� 1��� lrl t a t'�. cer-. Address of Company: -!!PO GJ_� {1 ` Abp 05t"hone; That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same In detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf, and that said statements are true and carte . Signature Title 1 -d7 111 f F 1 y0 EXHIBIT B 6 GMSINCG-01 BROWNCM .4c'vRvQ CERTIFICATE OF LIABILITY INSURANCE F DATE(MIdIOOIYYYY) 1 11/30/2016 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 holder Is an ADDITIONAL.INSURED,the pollcy(€es)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 NAME A : WIMS Certificate Center Willis of Wisconsin,Inc. PHONE 877 945-7378 FAX (888)467-2378 c/o 26 Century Blvd (AJC.No Ell:( ) AIc No P.O.Box 305191 E-MAIL Nashville,TN 37230.5191 ADDRESS:Certifica#os@wlllis.com INSURERS)AFFORDING COVERAGE NA)C# INSURER A:Cincinnati Insurance Company 10677 INSURED INSURERS: GMS,Inc.Dba Gartman Mechanical Services INSURER C: 520 W South Park Avenue INSURER D: Oshkosh,WI 54902-0000 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DD POLICY EFF POLICY EXP LTR (NSD WVD POLICYNUMBER MM1DD MMIDO LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 71 CLAIMS.IAWE F-K]OCCUR X X EBAIEPP 028 93 29 12/0612015 12106/2016 pREMI5ES Ea occv Dote $ 500,00 MED EXP(Any one person) $ 10,000 PFRSONAL&ADV INJURY $ 1,000,00 GEN'LAGGREGATE LIMIT APPLIES PER: - GENERAL AGGREGATE $ 2,000,00 POLICY[�]jEPRO­ N LOC PRODUCTS-COMPIOPAGO $ 2,000,00 OTHER: PD Per Oce Dad $ 2,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) S ALLOWNED SCHEDULED BODILY INJURY(Per S AUTOS AUTOS ( } NON-OWNED PROPERTY OHMAGE HIREDAUTOS AUTOS Peracddenl S S UMBRELLA UAB OCCUR EACH OCCURRENCE s EXCESS LIAR CALMS-MADE AGGREGATE 5 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY ,r1N STATUTE ER ANY PROPRIETOPWAR7NEMEXECUTIVE E.LEACH ACCIDENT S OFFICERlMU.IDEREXCLUDED? NIA IMandatoryInNH) E.LOISEASE-EAEMPLOYE S !ryes,describe under DESCRIPTION OF OPERATIONS beloN E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) HVAC Remodel Bid,City of Oshkosh City Hall City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are additional Insureds on a primary,non-contributory basis with regards to the general liability policy shown above. Primary and Noncontributory Insurance(Endorsement AA417411105)Is part of the automobile liability policy shown, SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULDANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE (EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Oshkosh }/ P O Box 1130 Oshkosh VVI 64902 I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:GMSINCG-01 BROWNCM LOC#: 1 ACORN' `...� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 rEEPAGE1 NCY NAMEDINSUREO s of Wisconsin,Inc. GMS,Inc.Dba Gartman Mechanical Services CYNUM13ER 520 W South Park Avenue Oshkosh,Wl 54902-0000 �CARRIER NAIL CODE EEPAGEI SITE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Lfablllty Insurance Description of Operations/LocationsNehicles; Blanket Additional Insured applies on the General Liability when required as per GA233(021071)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(021071)Contractors Commercial General Liability Broadened Endorsement. When required by written contract or agreement,coverage applies on a primary and/or noncontributory basis per GA233(021071) Contractors Commercial General Liability Broadened Endorsement. I ACORD 101 (2008101) ©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& Omissions: CARRIER: Cincinnati Casualty Company $500,000 Per Claim POLICY TERM: 12/0612016-12106/2016 $600,000 Agg POLICY NUMBER. EBAIEPP 028 93 29 Bond No. WIC 56100 of 3 originals Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Mame,legal slatrrs andpriiie pml place ofbtrsfness) G.M.S.,Inc.d/b/a Gartman Mechanics!Services Merchants Bonding Company(Mutual)P.O. Box 14498 520 W. South Park Avenue, PO Box 2264 Thls document has Important legal Des Moines, IA 50306-3498 consequences.ConsuitallonWith Oshkosh, WI 54903 Mailing Address for Notices an attorney Is encouraged with respect to€is completion or P.O.Box 14498, Des Moines, IA 50308-3498 modification. OWNER: Any stngular reference to (Mame,legal status and address) Contractor,Surety,Owner or other party shall be oonsldered City of Oshkosh plural where applicable, 215 Church Avenue, P O. Box 1130 Oshkosh, WI 54903 CONSTRUCTION CONTRACT Date: February 25, 2016 Amount:$ 39,800.00 Thirty Nine Thousand Eight Hundred Dollars and 001100 Description: (Name and location) HVAC Improvements Media Services/Phone Room BOND Date; March 3, 2016 (Not earlier[bait Construction Contract Date) Amount,$39,800.00 Thirty Nine Thousand Eight Hundred Dollars and 001100 Modifications to tWsBond; © None F-1 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) G.M.S.,inc.d/b/a Gartman Mechanical Services Merchants Bonding Company(Mutual) Si nature: Signature: Pamela L. Ronski +'• Name Name "WO co- and'1'itie: ��� �[ 00. andTitie: Attorney-in-Fact QaF14'so''+ • o:, , [ P,-,e. 1? � S/G�r�'T (Any additional sfgnatmres appear on the last page of Ails Performance Bond.) q*4 (FOR INFORMA770N ONLY—Name,address and telephone) all AGENT or BROKER: OWNER'S REPRESENTATIVE: Willis (4rchirec!Engineer orotherparly.J City Center East,122 E~College Avenue(2nd floor) Appleton, Wf 54911 920 739-7711 S-18521AS 8150 r §I no Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss Ilia Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shal l attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,Ilia Contractor and the Surety agree,the Contractor shal l be allowed a reasonable time to perform the Construetlon Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default, .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §R Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surcty's obligations,or releaso the Surely from its obligations,except to the extent the Surety demonstrates actual prejudice, §6 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §6.1 Arrange for ilia Contractor,with the consent of the Owner,to perform and complete the Constriction Contract; §6.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surely equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of Tito Contractor Default;or §6A Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under(his Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in wholo or in part,without further notice the Owner shall be entitled to enforce,any remedy available to the Owner. 8-18521AS 8110 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not bo greater than those of the Owncr under the Construction Contract,Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective Nvork and completion of the,Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.I,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 Tho Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shal l not be reduced orset off on account of any such unrelated obligations.No right of action shall accrue on Oils Bond to nay person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §91 Any proceeding,legal or cquitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be Instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within thvo years after the Surety refuses or falls to perform its obllgadons under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction or the shit shall be applicable, §12 Notice to the Surety,the Owncr or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision€n this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so ftrrnishcd,the intent is that this Bond shall be construed as a statutory bond and not as a common law'bond. §14 Definitions §94.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner In settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalfof the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §44.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or othenviso to comply xvith a material term of the Construction Contract, §44.4 Owner Default.Failure of the Owner,which has not been remedied or walved,to pay the Contractor as required under the Construction Contract or to perforin and complete or comply with the other material terms of the Construction Contract. §'14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shnil be deemed to be Contractor. 8-1852/AS alio MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the'Companiesl do hereby make,constitute and appoint, individually, Pamela L. Ronski their true and lawful Attorney-In-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States,the following surety bond: Surety Bond#: WIC 56100 Principal: G.M.S.,Inc. d/b/a Gartman Mechanical Services Obligee: City of Oshkosh This Power-of Attomey is granted and is signed and seated by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2091 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. '•The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-In-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof," 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations In favor of the Florida Department of Transportation only,It is agreed that the power and authority hereby given to the Attorney-In-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee,shall not relieve this surely company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of August,2015. ,,�t,,,,rrrgr,r y�� •••• •.• MERCHANTS BONDING COMPANY(MUTUAL) i��'a` ��11�Q �Q�LSG �a�,ti�• MERCHANTS NATIONAL.BONDING,INC. By �= 2043 ,:��,� � •,• 1933 :C: STATE OF IOWA +tn „p7►,```'�`� ••�.f•' COUNTY OF DALLAS ss, President On this 1 st day of August , 2016,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he Is president of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. sWENDY WOODY z • � Commission Number 784654 My Commission Expires • A June 20 2017 NotaryPub o County,forva (Expiration of notary's commission does not invalidate this Instrument) I,William Wamer,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which Is still in full force and effect and has not been amended or revoked. in Witness Whereof,l have hereunto set my hand and affixed the seal of the Companies on this 3rd day of March 2016 . 0 H4 ��..4��O�'dJ�;�b•�. :��y�R T�jq��'��i fTF�4%�`-�cY.U'� H' i 4 :(] � •��� -ems �• • m 4: a 1933 Secretary V. 2043 ,_,�; ;y�;. a�tia POA 0007(6115) ,,'f'rpr,rr„��,,,�►�`� .�••...••