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HomeMy WebLinkAboutCarl Bowers & Sons & Oshkosh, Contract No. 16-09 c' -:7-0 CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 27th day of July, 2016, by and between the CITY OF OSHKOSH,party of the first part,hereinafter referred to as CITY,and CARL BOWERS & SONS CONST. CO., INC., N1844 Maloney Road, Kaukauna WI 54130, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE L SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 16-09 for water main relay & installations, for the Public Works Department, pursuant to Resolution 16-378 adopted by the Common Council of the City of Oshkosh on the 26th day of July,2016, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within' the time limits specified in the Special Conditions and/or CONTRACTOR's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of $836,765.93, adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto,provided,however,in the event the Proposal and Contract Documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the 1 CONTRACTOR for the performance of the Contract the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY 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. ARTICLE V, INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh,its officers,council members,agents,employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire Job is completed and the length of time that is specified, if any, in this Contract, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This Contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1, This Instrument 2. The City's Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 2 r 4. Instructions to Bidders 5. Advertisement for Bids 6. Contractor's Proposal The Contract Documents are complementary;what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "CONTRACTOR"wherever used in this Contract means the party of the second part and its/his/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh,Wisconsin,has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR Carl Bowers & Sons Const. Co., Inc. Bm,� By: V, W L (Seal of Contractor (Specify Title) if a Corporation.) By: 4 (Specify Title) 3 CITY OF OSHKOSH By: Mark A. Rohloff, City Manager (wit" r7:: ra (� s) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under 1 this contract torney &MM E c Len City Comptroller 4 ACORa CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1 8/3/2016 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(Ees) 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 CNpNMEACT Mary Mclennan Spectrum Insurance Group GB PHONE 920-884-2850 FAx .920-884-2851 303 Packerland Dr., Ste C =.R0 1' Green Bay WI 54307 E-MAIL Mary.Mclennan@spectruminsgroup.com INSURERS AFFORDING COVERAGE NAIL# INSURERA:West Bend Mutual Insurance Co. 15350 INSURED CARLB-2 INSURER B: Carl Sowers&Sons INSURER C: Construction Co., Inc. INSURERD: N 1844 Maloney Rd Kaukauna WI 54130 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:46469760 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 TYPE OF INSURANCE IVSD WVD POLICY NUMBER MMIDDmYY ADDLISUM MIDDY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CPS1844635 01 4/1/2016 4/1/2017 EACH OCCURRENCE $1,000,000 0TNWG__TO NTED CLAIMS-MADE XI OCCUR PREM SES(EaErrrence) $200,000 MED EXP(Any one person) $10,000 PERSONAL&AOV INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPLIESPER GENERAL AGGREGATE $2,000,000 POLICY 111JECT [X] LOC PRODUCTS-COMPIOPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CPS184463301 4/3/2016 4/1/2017 Eaa accident) E $1,000,000 X ANY AUTOgg BODILY INJURY(Per person) $ AUTOS�ED AUTOSULED BODILYINJURY(Per accident) $ HIRED AUTOS NON•OVMED PR P R DAMAGE $ AUTOS Per accident 5 A UMBRELLALIAB OCCUR CUS184463501 4/1/2016 411/2017 EACH OCCURRENCE $5,000,000 X EXCESS LIAR CLAIM$-MADE AGGREGATE $6,000,000 DEO X RETENTIONS/a $ A WORKERS COMPENSATION WDS1844634 4/1/2016 411/2017 X I STATUTE I I OERH AND EMPLOYERS'LIABILITY ANY PROPRIETCRtPARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $5003000 OFFICERIMEMSER EXCLUDED? (Mandalory in NH) E.L.DISEASE-FA FMPLOYE $500,000 IFyyes descn'be under DFSG�RIPTION OF OPERATIONS be'as E.L.DISEASE-POLICY LIMIT 1$600,000 A Leased Equipment CPS 184463301 4/1/2016 4/1/2017 Leased Equipment 250,000 Installation Floater Installation Job Site 100,000 Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Public Works Contract No. 16-09. City of Oshkosh, and its officers,council members,agents, employees and authorized volunteers are additional Insureds CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Avenue ACCORDANCE WITH THE POLICY PROVISIONS. P 0 Box 1130 Oshkosh WI 54902-1190 AUTHORIZED REPRESENTATIVE ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE -- OWNERS, LESSEES OR CONTRACTORS SCHEDULE PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): City of Oshkosh and Its Officers, Council Members,Agents, Employees and Authorized Volunteers 215 Church Ave Oshkosh, WI 54901-4747 Location(s) of Covered Operations: Various Locations Information required to complete this Schedule, If not shown above, will be shown In the Declarations, A. Section II -- Who is An Insured is amended to The insurance with respect to such archi- Include as an additional Insured the person(s) or tects, engineers, or surveyors does not organization(s) shown In the Schedule, but only apply to "bodily injury," "property dam- with respect to liability for "bodily Injury", "prop- age," or "personal and advertising injury" erty damage"or"personal and advertising Injury" arlsing out of the rendering of or the fail- caused, in whole or in part, by: ure to render any professional services by 9. Your acts or omissions;or or for you, Including; 2. The acts or omissions of those acting on your a. The preparing, approving, or falling to behalf; prepare or approve maps, drawings, opin- In the performance of your ongoing opera- Ions, reports, surveys, change orders, de- tions for the additional Insured(s) at the loca- signs or specifications;and tion(s)designated above, b, Supervisory, inspection, or engineering However: services. 1. The Insurance afforded to such additional B. With respect to the Insurance afforded to these insured only applies to the extent permitted additional insureds, the following additional ex- by law; and cluslon applies: 2, if coverage provided to the additional insured This Insurance does not apply to"bodily Injury"or is required by a contract or agreement, the "property damage"occurring after: Insurance afforded to such additional Insured 1. All work, including materials, parts or equip- will not be broader than that which you are ment furnished In connection with such work, required by the contract or agreement to pro- on the project (other than service, mainte- vide for such additional Insured, nance or repairs) to be performed by or on If'the name of theperson or organization behalf of the additional Insureds)at the loca- sfated above Includes any architect, engineer tion of the covered operations has been com- or surveyor, the following applies: plated; or Contains material copyrighted by ISO, with Its permission, CG 20 10 Y 07 04 West Bend Mutual Insurance Company page I of 2 West Bend,Wisconsin 53095 POLICY NUMBER: 1844633 COMMERCIAL.GENERAL, LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERSr LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE rChurch Of Additional Insured Person(s) Or Or anixatian s ; Location And Description Of Completed O erations sh and Its Officers, Council Members, Ages Ni 844 Maloney Rd Kaukauna, W154130 ve54901-4747 Information re aired to complete this Schedule, if not shown above,will be shown In the Declarations, Section II -- Who Is An Insured Is amended to Include as an additional Insured the parson(s) or organizations) shown In the Schedule, but only with respect to liability for"bodily Injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described In the sched- ule of this endorsement performed for that additional insured and included In the "products-completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc.,2004 Page I of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- CONTRACTOR'S BLANKET This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIA131LITY COVERAGE BART A. WHO IS AN INSURED (Section 11) Is amended 3. Except when required by written contract or to Include as an additional Insured any person or written agreement, the coverage provided to organization whom you are required to add as an the additional Insured by this endorsement additional Insured on this policy under a written does not apply to: contract or written agreement. The written contract or written agreement must a' "Bodily Injury" or "property damage" oa be: g curring after: 9. Currently In effect or becoming effective dur- ('1) All work on the project (other than Ing the term of this policy; and service, maintenance or repairs) to be performed by or on behalf of the add]- 2. Signed by all parties to the written contract or tlonal Insured at the site of the covered written agreement prior to the "bodily injury," operations has been completed;or "property damage," "personal injury and ad- (2) That portion of "your work" out of vertlsing Injury." which the Injury or damage arises has B. The Insurance provided to the additional Insured been put to Its Intended use by any is limited as follows: person or organization other than an- i. That person or organization Is only an addi- other contractor or subcontractor en- tional Insured with respect to liability for"bod- gaged In performing operations for a ily Injury" "property damage'or"personal and principal as part of the same project. advertising Injury" caused In whole or In part, b. "Bodily Injury" or "property damage" arls- by Ing out of acts or omissions of the addi- a. Your premises; tional insured other than In connection b. Your negligent acts or omissions in con- wit the general supervision of "your nectlon with "Your work"for that additional , The Insurance Insured;or provided to the additional However; Insured does not apply to "bodily injury," "property damage," "personal injury and ad- a. The Insurance afforded to such additional vertlsing Injury" arising out of an architect's Insured only applies to the extent permit- engineer's, or surveyor's rendering of or fair ted by law;and ure to render any professional services In- b. If coverage provided to the additional cluding; Insured Is required by a contract or a. The preparing, approving, or failing to agreement, the insurance afforded to such prepare or approve maps, shop drawings, additional insured will not be broader than opinions, reports, surveys, field orders, that which you are required by the written change orders or drawings and specifica- contract or written agreement to provide tions; and such additlonal insured, b. Supervlsory, or Inspection activities per- 2. The Limits of Insurance applicable to the formed as part of any related architectural additional insured are those specified in the or engineering activities, written contract or written agreement or In the Declarations for this policy, whichever Is less. These Limits of Insurance are Inclusive and not In additlon to the Limits of Insurance shown In the Declarations. WS 1482 09 13 West Bend Mutual Insurance Company Page 1 of 2 West Bend, Wisconsin 53095 g This exclusion applies even if the claims against any insured allege negligence or other wrongdo- If no written contract specifically requires Ing In the supervision, hiring, employment, train- primary or noncontributory coverage, then Ing or monitoring of others by that Insured, If the this Insurance is excess and as a coned "occurrence" which caused the "bodily Injury" or tion of coverage, the n der the Insured "property damage", or the offense which caused shalt be nityated to yonder the defense the"personal and advertising injury", Involved the and Indemnity h every claim or suit r all rendering of, or the failure to render, any proles- other Insurers that n ur provide coverage sional architectural, engineering or surveying to the additional Insured, whether on a services. contingent, excess or primary basis, C. As respects the coverage provided under this When this Insurance is excess, we will endorsement, Paragraph 4.b, SECTION IV - have no duty under Coverage A. and Cov- COMMERCIAL GENERAL LIABILITY CONDI- erage B. to defend the Insured against TIONS Is amended with the addition of the fol- any"suit"If any other Insurer has a duty to lowing: defend the Insured against that"suit". If no 4. Other insurance other Insurer defends,we will undertake to do so, but we will be entitled to the In- b. Excess Insurance sured's rights against all those other in- This Insurance is excess over; surers, Any other valid and collectible Insurance procured by or on behalf of the additional lnsu'ed whether primary, excess, contin- gent or on any other basis unless a written contract specifically requires that this In- surance be either primary or primary and noncontributing. Where required by writ- ten contract, we will consider any other In- surance procured by the additional In- sured for injury or damage covered by this endorsement to be excess and noncon- tributing with this Insurance. Page 2 of 2 West Send Mutual Insurance Company WS 1482 01 13 West Bend, Wisconsin 53095 f THF AMERICAN INSTITUTE OF ARCHITECTS AIA Document A317 Performance Bond Bond No.: IVIC 46074 KNOW ALL MEN BY THESE PRESENTS: that Carl Bowers&Sons Construction Co,,Inc, (Here irxert full name anti address or legal title of Contractor) N1844 Maloney Road,Kaukauna,WI 54130 as Principal, hereinafter called Contractor, and, Merchants Bonding Compxy' tfMutmt�l re nsert u ame and address or legal title of Surety) P.O.Box 14498,Des Moines,IA 50306-3498 as Surety, hereinafter called Surety,are held and firmly hound unto City of Oshkosh (Here insert full name and address or legal title of Owner) 215 Church Ave,P 0 Box 1130,Oshkosh, WI 54902-1130 as Obligee, hereinafter called Owner, in the amount of Eight Hundred Thirty Six Thousand Seven Hundred Sixty Five and 931100 Dollars Dollars ($$836,765.93 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents, WHEREAS, Carl Bowels&Sons Construction Co.,Inc. Contractor has by written agreement dated July 27,2016 ,entered into a contract with owner for Public Works Contract No, 16-09 in accordance with Drawings and Specifications prepared by (Here insert full risme 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 WOR AND MATERIAL PAYMENT BOND•AIA FEBRUARY 1970 ED,0 THE AMERICAN INSTITWE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 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 Surely 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. 'I) 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 seated this 3rd day of August 2015 PRINCIPAL: SURETY: Merchants Bonding Company(Mutual) Carl Bowers&Sons Construction Co.,Inc. Attomey to-Favi Mary MeL i Lan MERCHANTS Bona#: WIC 46074 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'Companies')do hereby make,constitute and appoint, individually, Mary McLennan their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds, undertakings and 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 This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking, recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In 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 Stale of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety 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 25th day of August 2015 �,'```` if0111"'"•., ,•'°G •°•. MERCHANTS BONDING COMPANY(MUTUAL) `i�.� � ; •a � ©4 r'+ .•D� P 9gp9.y• MERCHANTS NATIONAL BONDING,INC. cp • +r--:? -o- "�' • 1933 rC: _`7 0 ate~° By STATE OF IOWA s5'••+•r�ill .0 �r COUNTYOF DALLAS 061111 President On this 25th day of August 2015 ,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 sold instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. SPR` rs WENDY WOODY o Commission Number 784654 My Commission Expires P June 20 2017 Notary Pu;btr , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing Is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 3rd day of August 2096 ,a" A ll`0144 '`5051, •* 01N Cay•'. Secretary 9003 :� °.y� 1933 (�c: ° POA 0014 (6/15) /,•��'��,1�,��lElra``''�. °•.r• ��°•�. THE AMERICAN INSTITUTE OF ARCHITECTS S AIA Document A311 Labor and Material Payment Bond Bond No.: WIC 46074 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 Carl Bowers&Sons Construction Co Inc. (Here insert full name andaddress or legal title of Contractor) N1844 Maloney Road,Kaukauna,WI 54130 as Principal, hereinafter called Principal, and Merchants Bonding Company(Mutual) (Here insert full name and address or legal title of Surety) P.O,Box 14498,Des Moines, JA 50306-3498 as Surety, hereinafter called Surety,are held and firmly bound unto City of Oshkosh (Here insert full name and address or legal title of Owner) 215 Church Ave,P O Box 1130,Oshkosh,WI 54902-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined,in the amount of Eight Hundred Thirty Six Thousand Seven Hwidred Sixty Five and 931100 Dollars r (Here insert a swm equal to at least one-half of the contract price) . Dollars($$836,765.93 for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Carl Bowers&Sons Construction Co.,Inc. P il� ip 1 1a b�written,$greement dated July 27,2016 ,entered into a contract with owner for 1) Ic ors contract. o, 16-09 in accordance with Drawings and Specifications prepared by there imen 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 49 FEBRUARY 1970 ED.0 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 l 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 3rd day of August 2016 PRINCIPAL: SURETY: Merchants Bondurg Comp'Miy,(Wwi l) Carl Bowers&Sons Consh-tretion Co.,Inc. / Attorney!n-Fact -TSL Maty MCLennal r S Baud#; WIC 46074 MERCHANT BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the'Companies')do hereby make,constitute and appoint, individually, Mary McLennan their true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds, undertakings and 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 This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 24,2011, "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and otherwritings 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 surety 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 25th day of August 2015 1014,4 "'•, .•'•G MERCHANTS BONDING COMPANY(MUTUAL) +�+++qL . •:4� �•°��,..P.... •+ MERCHANTS NATIONAL BONDING,INC. , OR ".Oa •�° o1� t)&so 1933 • STATE OF IOWA 1,'•k"""oot� �a+`+ •• � �•• COUNTY OF DALLAS ss. , ,, l01 It •e+•+ President On this 25th day of August 2015 ,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 seats 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. A,rR' cWENDY WOODY o Commission Number 784654 My Commission Expires Juno 20, 2017 Notary Pub1! , County,Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing Is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still In full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 3rd day of August 2016.ffiG CO . '1i�, up+I7+/rye ••.....++ P R9J�''�.c.: . �• �.; a fi]�',2 F�— Secretary =. j`. 2003 :. 1 y� 1933 c: cis;• •'� •' '. dpi••.. 0 '° POA 0014 (6/15) 140 so