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HomeMy WebLinkAboutAl Dix Performance Bond 1 ey THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond Bond No.: NW1 1168 KNOW ALL MEN BY THESE PRESENTS: that Al Dix Concrete Inc (Here Insert full name and address or legal title of ContEWOF) 500 Draper St,Kaukauna,W1 54130 as Principal, hereinafter called Contractor, and, Merchants National Bondi Rfilrejlrmcrt full name and address or legal tide of Surety) P.O.Box 14498,Des Moines,Iowa 50306-3498 as Surety, hereinafter called Surety,are held and firmly bound unto Ci of Oshkosh Pete knert full name and address or legal title of Owner) 215 Clttlrch St, Oshkosh,WI as Obligee, hereinafter called Owner, in the amount of One million,forty four thousand,five hundred, thirty nine dollars Dollars ($ 1,044,539 y for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, AI Dix Concrete Inc Contractor has by written agreement dated March 9,2016 ,entered Into a contract with Owner for Public Works Contract No. 16-06 Concrete Sidewalks In accordance with Drawings and Specifications prepared by n/a (Here Insert full name and address or Eegal title of MchMa) i which contract is by reference made a part hereof,and Is hereinafter referred to as the Contract. AIA DOCUMENT A311+PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND s AIA 0 FEBRUARY 1970 E.D.0 THE AMERICAN INSTITUTE.OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20005 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or completion less the balance of the contract price, but not extension of time made by the Owner. exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth Whenever Contractor shall be, and declared by Owner in the first paragraph hereof. The term "balance of the to be in default under the Contract, the Owner having contract price," as used in this paragraph, shall mean the performed Owner's obligations thereunder, the Surety total amount payable by Owner to Contractor under the may promptly remedy the default, or shall promptly Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 1) Complete the Contract in accordance with its terms and conditions, or Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final 2) Obtain a bid or bids for completing the Contract in payment under the Contract falls due. accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, No right of action shall accrue on this bond to or for if the Owner elects, upon determination by the Owner and the use of any person or corporation other than the the Surety jointly of the lowest responsible bidder, Owner named herein or the heirs, executors, adminis- arrange for a contract between such bidder and Owner, trators or successors of the Owner. and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of Signed and sealed this 17th day of March 2016 PRINCIPAL: SURETY: Merchants National Bonding,Inc. Al Dix Concrete Inc Attorney-In-Fad Mary McLe an ONk ERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duty organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby snake,constitute and appoint,individually, Mary McLennan; Michael L Tiedt; Richard K Carlson of Green Bay and State of Wisconsin their true and lawful Attomey-in-Fact,with full power and authority hereby conferred In their name,place and stead,to sign,execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such Instrument shall not exceed the amount of; FIFTEEN MILLION($15,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Pourer-of-Attorney Is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2017 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory In the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this Instrument to be signed and sealed this22ndday of May , 2015. 1t1,,,1111i111!lIII� .••• e°• =� ©'s,•, •��Q� P��!�A9.� MERCHANTSBONDWG COMPANY(MUTUAL) 4R 9 MERCHANTS NATIONAL BONDING,INC. 4X C> = • �•c,4 '��yc. =I �.; 2003 ;r*q e :yJ. 1933 :y By STATE OF IOWA +',�4 p+�� •• °r COUNTY OF POLIO ss. llrl/IryenHltttt� °•••••r President On this22ndday of May 2015,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that tho seals affixed to the foregoing Instrument is the Corporate Seals of the Companies;and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. �P�tazs WINDY WOODY o � Commission Number-784654 z °°°° ' My Commission Expires r' s June 20, 2017 Notary Public,Polk County,lowa S'L'ATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing Is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companlez, which Is still In full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this day of ,It1711f FI! f•1.O.� 10 144 agt'Otfi4�. ¢ _ � = °Q• 1933 :c-,• Secretary � . / 11�� POA 0014 7/14 .y� Ap 14.i••r�5�,.�` •'•���" ��•' � a THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond Bond No.: NWI 1168 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR Of THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Al Dix Concrete,Inc insert full name and addre&s or legal title of Coniranor) 500 Draper St,Kaukauna,WI 54130 as Principal, hereinafter called Principal,and Merchants National Bonding,Inc. (Here insert full name and address or legal title of Surety) P.O.Box 14498,Des Moines,Iowa 50306-3498 as Surety, hereinafter called Surety,are held and firmly bound unto Cityof insert full name Oshkoshand address or legal title of Owner) 215 Church St, Oshkosh,W1 as obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined,in the amount of one million,forty four thousand,five hundred,thirty nine dollars Dollars $ 1,044,539 (Here Insert a sum equal to at least one-half of the corstrao price) E for the payment whereof Principal and Surety bind themselves,their hei rs,executors,administrators,suetessors and assigns,jointly and severally,firmly by these presents. WHEREAS, Al Dix Concrete,Ine Principal has by written agreement dated March 9,2016 ,entered into a contract with Owner for Public Works Contract No. 16-06 Concrete Sidewalks in accordance with Drawings and Specifications prepared by n/a (here insert full name and address or legal title of Architect} which contract is by reference made a part hereof,and is hereinafter referred to as the Contract, AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 ' r NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise if shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract age prepaid, in an envelope addressed to the Principal, with the Principal or with a Subcontractor of the Principal Owner or Surety, at any place where an office is regularly for labor, material, or both, used or reasonably required maintained for the transaction of business, or served in for use in the performance of the Contract, labor and any manner in which legal process may be served in the material being construed to include that part of water, state in which the aforesaid project is located, save that gas, power, light, heat, oil, gasoline, telephone service or such service need not be made by a public officer. rental of equipment directly applicable to the Contract. b)After the expiration of one (1)year following the date 2. The above named Principal and Surety hereby jointly on which Principal ceased Work on said Contract, it and severally agree with the Owner that every claimant being understood, however, that if any limitation as herein defined, who has not been paid in full before embodied in this bond is prohibited by any law controlling the expiration of a period of ninety (90) days after the the construction hereof such limitation shall be deemed to date on which the last of such claimant's work or labor be amended so as to be equal to the minimum period of was done or performed, or materials were furnished by limitation permitted by such law. such claimant may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such c) Other than in a state court of competent jurisdiction in sum or sums as may be justly due claimant, and have and for the county or other political subdivision of the execution thereon. The Owner shall not be liable for the state in which the Project, or any part thereof, is situated, payment of any costs or expenses of any such suit. or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not 3. No suit or action shall be commenced hereunder by elsewhere. any claimant: a) Unless claimant, other than one having a direct 4. The amount of this bond shall be reduced by and to contract with the Principal, shall have given written notice the extent of any payment or payments made in good to any two of the following: the Principal, the Owner, or faith hereunder, inclusive of the payment by Surety of the Surety above named, within ninety (90) days after mechanics' liens which may be filed of record against such claimant did or performed the last of the work or such improvement,whether or not claim for the amount of labor, or furnished the last of the materials for which said such lien be presented under and against this bond. claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,post- Signed and sealed this 17th day of March 2016 PRINCIPAL: SURETY: Merchants National Bonding,Inc. Al Dix Concrete Inc Attorney-tn•Fad Maty Len at MERCHANTS'%k BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL.)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized underthe laws of the State of Iowa(herein collectively called the'Companies"), and that the Companies do hereby make,constitute and appoint,Individually, Mary McLennan; Michael L Tiedt; Richard K Carlson of Green Bay and State of Wisconsin their true and lawful Aitomey-in-Fact,with full power and authority hereby conferred In their name,place and stead,to sign, execute, acknowledge and deliver In their behalf as surety any and all bonds, undertakings,recognlzanees or other written obligations in the nature thereof,subject to the limitation that any such Instrument shall not exceed the amount of: FIFTEEN MILLION($15,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Pourer-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Dli-ectors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. ,,The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secrelary 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,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this Instrument to be signed and sealed this22ndday of May , 2015. •,ti+�,,,Ilrlp,ert!!, •°°'•moo°°• rir� O�a,(�PO Qnfo9r° MERCHANTS BONDING COMPANY(MUTUAL) ,;Q�44'�`'tF� ,•t �p A9�y� MERCHANTS NATIONAL BONDING,INC. 0-.'y 2003 .1.0 1933 ;�e. By STATE OF IOWA ..,ttrnlr'„��+�+ti+'0 •r a e r• President COUNTY OF POLK ss. On this22ndday of May 2Q15,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he Is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing Instrument Is the Corporate Seals of the Companies;and that the said Instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Oficial Seal at the City of Des Moines,Iowa,the day and year first above written. 004 VJi NDY y+d00DY 1P S Commission Number 784654 z ,°°° My Commission Expires } .r vqP June 20 2017 Notary Public,Polk County,Iowa S'T'ATE OF IOWA COUNTY OF POLK ss. I, Wiliam Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing Is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which Is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seat of the Companies on this day of , +tj,,.,,rr-�llrtulljjeft °°1NG Cp,}°�•a 1933 Secretary G POA 0014(7114) .,+s,s' •.•e ora•; '�4��� '°dy' .. .••`1'ao Jee!!etlel,t�i 911711�i�,4 rOOf0000