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HomeMy WebLinkAboutFaith Technologies/Convention Center electrical upgrades 2017 CONTRACTOR AGREEMENT: OSHKOSH CONVENTION CENTER ELECTRICAL UPGRADES CITY OF OSHKOSH THIS AGREEMENT,made on the 29th day of February,2017,by and between the CITY OF OSHKOSH, party of the first part,hereinafter referred to as CITY, and FAITH TECHNOLOGIES, INC., 201 MAIN STREET, MENASHA, WI 54952,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 L 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. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal 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. ARTICLE 11. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Steve Schroeder, Project Manager, Faith Technologies 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 III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: 1 (Jon G.Urben, General Services Manager) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled "Oshkosh Convention Center Electrical Upgrades" dated December 3, 2016,and the contractor's bid form and materials attached as Exhibit A.If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. 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 V. 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 VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than August 2, 2017. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $37,800.00, 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. B. Method of Payment. The Contractor shall submit itemized monthly statements for I 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 E covered under the subject amendment. E t Ei E E� t 2 i ARTICLE VIII. 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. ARTICLE IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. 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. i 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 I the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. i i 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. 4 I E i t{[ EE 6 3 In the*Px1' f; CONTRACTOR/CONSULT T R (I ipf Contra or •, (Specify TitIF) t� yam,, , IglllUltNll{III\ (Specify itle) CITY OF OSHKOSH Mark A. kohloff, City Manager ( it ess) And: . . M 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. ty Attorri CITY OF OSHKOSH BID PROPOSAL FORM OSHKOSH CONVENTION CENTER ELECTRICAL UPGRADES Page 1 of 2 From: Faith Technologies Inc. (bidder's company name) BID PROPOSAL DEADLINE: TUESDAY,JANUARY 10,2017 @ 10:00 A.M. Date: 01-10-2017 Addenda: Receipt of Addenda numbered N/A of N/A are hereby understood, acknowledged and included in bidder's bid proposal forin, 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 manuat to include all described work completed to the Owners' satisfaction. By Submission of this Bid, 'r each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its j 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 alt labor and materials per the project specifications or noted deviations for the following amount(s): BASE BID: TOTAL BASE BID: $ 26, 920 . 00 Twenty-Six Thousand Nine Hundred and Twenty dollars (Base Bid Price-in Words) ALTERNATE 1: Provide and install 120V 20A power receptacles at the ceiling to four projectors located in rooms 134 Evelyn, 136 B.F. Carter, 142 John Lynch, 144 Dixie. Break out pricing to in alternate for supplying power for power screens and switches. ALTERNATE 1 BID: $ 1, 605 . 00 ALTERNATE la BREAKOUT : ($670 . 00) ALTERNATE 2: Provide and install 120V 20A power receptacles at the ceiling to four projectors located in rooms 109 K.M.Hutchinson, 184 Thistle, 185 Henrietta, Break out f 26 CITY OF OSHKOSH BID PROPOSAL FORM OSHKOSH CONVENTION CENTER ELECTRICAL UPGRADES Page 2 of 2 pricing to in alternate for supplying power for power screens and switches. ALTERNATE 2 BID: $1, 605 . 00 ALTERNATE 2a BREAKOUT : ($670 . 00) ALTERNATE 3: Provide and install eight wall sconces (L-10 fixtures) on west wall of the ballrooms as indicated on plans. Two fixtures per switch located within each breakout room. ALTERNATE 3 BID: $ 3, 620 00 ALTERNATE 4: Provide six 120V outlets at the ceiling of the two large exhibition halls. Three outlets per side spaced evenly apart in the east/west direction, Each side to be on their own 20 amp circuit. Paint all conduit to match existing conditions as required. ALTERNATE 4 BID: $ 3, 050 . 00 ALTERNATE 5: Install one 120V outlet at corridor as indicated. ALTERNATE 5 BID: $ 1, 000 . 00 Warranty Details: TWELVE MONTHS FROM COMPLETION SIGNATURES Date: 01-10-2017 Name of Company: Faith Technologies Inc. Submitted by: (name/title) Steve Schroeder Email: steve.schroeder@faithtechnologies.com Address of Company: 201 Main St. Menasha, WI 54952 Phone: 920-470-0496 Company Representative that will be named Project Manager for this project,if awarded the bid: Steve Schroeder That I have examined and carefully prepared this Proposal 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 S .5c4weda Title Service Manager i E I 27 r -mac ems IT'S ABOUT CONFIDENCE. YOURS. ELECTR/CAL CONTRACTOR City Manager C/O City Clerk's Office Faith Technologies, Inc. is pleased to offer the following pricing to provide material and labor to install the following electrical and telecommunication systems for this project. Our design criteria is based upon drawings provided, the following scope of work and walk through. Electrical scope of work as follows: Per Drawing E4 Red Mark-Ups and revised Bid Unit Description #16.1 issued 12/14/16 post walk-through Base Bid inclusions: • New conduit and wiring to 400a panel included • 400a panel to remain. Faith to furnish and install new 400a PNL cover • Furnish and install CAM LOCK Lex Powergate 400a disconnect per plans Model#CS-400F-C6DS1 • Installation of(10) quad receptacles in existing floor boxes. o Each floor box to have (2) 20 Amp circuits j • Demolition of existing electrical equipment per plans • Includes Owner demonstration and training as required • Includes final cleaning of electrical items including light fixtures as required • Work phased according to bid description • Electrical conduit to be painted to match existing • 0&M manuals and As Built drawings included in electronic version • Labeling of new circuits • Lift equipment as needed • Performance Bond Voluntary Alternates: See Bid Form Voluntary Deduct: t To use aluminum feeders in lieu of copper- deduct $1,695.00 Note: • Fire proofing per NFPA standards • No live work permitted • Includes Prevailing wage • All applicable taxes included • This quote is based on current commodity material pricing and availability. • Installation of all electrical scope of work to be completed in accordance with all applicable building codes • Any changes to the scope of work or materials altered at customer request may be billable. FAITHTECHNOLOGIES.COM F I 1 ' ' l ��-r J e� IT'S ABOUT CONFIDENCE. YOURS. ELECTR/CAL CONTRACTOR Warranty: Faith Technologies will provide warranty support for our installation and craftsmanship for a period of one year. Any work performed outside of the previously defined scope options will be performed on a time and materials basis We appreciate the opportunity to submit our proposal and hope to work with you on this project! If you have any questions, concerns, or would like additional information regarding this proposal, please do not hesitate to contact me at (920)-470-0496. By submission of its bid, Faith Technologies, Inc. reserves the right to negotiate mutually acceptable contract terms, including review of any applicable Prime contract provisions, upon award of the work. Sincerely, FAITH TECHNOLOGIES, INC. Steve Schroeder Steve Schroeder Service Manager I FAITHTECHNOLOGIES.COM 1-r 73 q�!��® CERTIFICATE OF LIABILITY INSURANCE 1/1/20187TE(MM/DDIYYYY) /13/2017 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 policy(ies)must have ADDITIONAL INSURED provisions or 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 Lockton Companies CONTACT 444 W.47th Street,Suite 900 PHONE FAX Kansas City MO 64112-1906 E-MATED Ext: AIc No (816)960-9000 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# '.. INSURER A:The Travelers Indemnity Company 25658 INSURED FAITH TECHNOLOGIES,INC. INSURER B;Travelers Property Casualty Co of America 25674 1387531 225 NORTH MAIN STREET INSURER C:Starr Indemnity&Liability Company 38318 PO BOX 260 INSURER D: MENASHA WI 54952 INSURER E INSURER F: COVERAGES * CERTIFICATE NUMBER: 14460681 REVISION NUMBER: XXXXXXX 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 rypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDDNYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y N VTC2K-CO-6E000375-IND-17 1/1/2017 1/1/2018 EACH OCCURRENCE $ 2,000,000 '.. CLAIMS-MADE OCCUR DAMAGE TO RENTED '.. PREMISES Ea occurrence $ 300,000_ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 '.. GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY❑X JECT FILOC PRODUCTS-COMP/OP AGG S 4,000,000 '.. OTHER: $ B AUTOMOBILE LIABILITY N N VTE-CAP-6E000338-TCT-17 1/1/2017 1/1/2018 EOa aBco deDISINGLE LIMIT $ 2'000,000 I ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHED AUTOS ONLY AUTOSULED BODILY INJURY(Per accident) $ XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX '.. AUTOS ONLY AUTOS ONLY Per accident $ XXXXXXX C UMBRELLA LIAB X OCCUR Y N 1000023279 1/1/2017 1/1/2018 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION$ $ XXXXXXX B WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN N VTWXJ-UB-6E000406-1(WI) 1/1/2017 1/1/2018 X STATUTE I I ER ANY PROPRIETORIPARTNERIEXECUTIVENIA E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? -- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1.000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CITY OF OSHKOSH,AND ITS OFFICERS,COUNCIL MEMBERS,AGENTS,EMPLOYEES AND AUTHORIZED VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL AND EXCESS LIABILITY COVERAGE ON A PRIMARY AND NON-CONTRIBUTORY BASIS AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachment 14460681 CITY OF OSHKOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: JON URBEN,GENERAL SERVICES MANAGER THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 CHURCH AVE ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 1130 OSHKOSH WI 54903-1130 AUTHORIZED REPRESENTATIV. ©1988L2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:VTC2K-CO-6E000375-IND-17 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that: a. You agree in a"written contract requiring insurance"to include as an additional insured on this Coverage Part; and b. Has not been added as an additional insured for the same project by attachment of an endorsement under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a. Only with respect to liability for"bodily injury", "property damage"or"personal injury"; and b. Only as described in Paragraph (1), (2) or(3) below,whichever applies: (1) If the 'Written contract requiring insurance"specifically requires you to provide additional insured coverage to that person or organization by the use of: (a)The Additional Insured-Owners, Lessees or Contractors-(Form B) endorsement CG 20 10 11 85; or (b) Either or both of the following:the Additional Insured-Owners, Lessees or Contractors- Scheduled Person Or Organization endorsement CG 20 10 10 01, or the Additional Insured-Owners, Lessees or Contractors-Completed Operations endorsement CG 20 37 10 01; the person or organization is an additional insured only if the injury or damage arises out of"your work"to which the"written contract requiring insurance"applies; (2) If the"written contract requiring insurance"specifically requires you to provide additional insured coverage to that person or organization by the use of: (a)The Additional Insured-Owners, Lessees or Contractors-Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured-Owners, Lessees or Contractors-Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b) Either or both of the following: the Additional Insured- Owners, Lessees or Contractors- Scheduled Person Or Organization endorsement CG 20 10, or the Additional Insured Owners, Lessees or Contractors-Completed Operations endorsement CG 20 37,without an edition date of such endorsement specified; the person or organization is an additional insured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance of"your work"to which the"written contract requiring insurance"applies; or Miscellaneous Attachment:M502255 Certificate ID: 14460681 I (3) If neither Paragraph (1) nor(2) above applies: (a)The person or organization is an additional insured only if, and to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of"your work"to which the"written contract requiring insurance"applies; and (b)The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits of liability required by the"written contract requiring insurance", the insurance provided to the additional insured will be limited to such minimum required limits of liability. For the purposes of determining whether this limitation applies, the minimum limits of liability required by the "written contract requiring insurance"will be considered to include the minimum limits of liability of any Umbrella or Excess liability coverage required for the additional insured by that"written con- tract requiring insurance". This endorsement will not increase the limits of insurance described in Section III- Limits Of Insurance. b. The insurance provided to the additional insured does not apply to"bodily injury", "property damage"or"personal injury"arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and Supervisory, inspection, architectural or engineering activities. c. The insurance provided to the additional insured does not apply to"bodily injury"or"property damage"caused by"your work" and included in the"products-completed operations hazard" unless the"written contract requiring insurance"specifically requires you to provide such coverage for that additional insured during the policy period. 3.The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance,whether primary, excess, contingent or on any other basis, that is available to the additional insured. However, if the"written contract requiring insurance"specifically requires that this i insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to ! other insurance available to the additional insured under which that person or organization qualifies as a named insured, and we will not share with that other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis,that is available to the additional insured when that person or organization is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. 4. As a condition of coverage provided to the additional insured by this endorsement: i a.The additional insured must give us written notice as soon as practicable of an 'occurrence"or an offense which may result in a claim. To the extent possible, such notice should include: How, when and where the"occurrence"or offense took place; The names and addresses of any injured persons and witnesses; and The nature and location of any injury or damage arising out of the'occurrence"or offense. b. If a claim is made or"suit"is brought against the additional insured, the additional insured must: Immediately record the specifics of the claim or"suit'and the date received; and 4 Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or"suit'as soon i Miscellaneous Attachment:M502255 I Certificate ID: 14460681 as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the"suit', and otherwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any claim or"suit'to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to other insurance available to the additional insured which covers that person or organization as a named insured as described in Paragraph 3. above. 5. The following is added to the DEFINITIONS Section: "Written contract requiring insurance"means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the"bodily injury"and "property damage"occurs, and the"personal injury"is caused by an offense committed, during the policy period and: (a)After the signing and execution of the contract or agreement by you; and (b)While that part of the contract or agreement is in effect. CG D6 04 08 13 Miscellaneous Attachment:M502255 Certificate ID: 14460681 i ' i i i ` Bond No. 929642250 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Wane,legal status and address) (Vain,legal status and principal place of business) Faith Technologies, Inc. Continental Casualty Company 225 Main Street 333 S. Wabash Ave. This document has important legal Chicago, IL 60604 consequences.Consultation With Menasha, WI 54952-0260 an attorney Is encouraged with respect to Its completion or modification. OWNER: Any singular reference to (Maine,legal status and address) Contractor,Surely,Owner or rtshall considered City of Oshkosh pluraother pal whery e appbelicable, 215 Church Ave. Oshkosh, WI 54903 CONSTRUCTION CONTRACT Date: March 23, 2017 Amount:$37,800.00 Thirty Seven Thousand Eight Hundred Dollars and 00/100 Description: (Vance and location) Oshkosh Convention Center Electrical Upgrades BOMD Date; March 24, 2017 (iVol earlier than Construction Contract Date) Amount:S 37,800.00 Thirty Seven Thousand Eight Hundred Dollars and 00/100 Modifications to this Bond; F1 None F] $cc Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corpora1e�,e64,,,,,,, Company, (Corporate Seat) 1011 1p, Faith Technologies, Inc. ,,'N`' e""N Continental Casualty Company ........... 0 Signature: ' • Signature V Rebecca S. Leal Name . Name Georg Jn inden and Title: O.P and Title, Attorney-in-Fact -1 V Exe ti Vice %X_p r Surety Phone No. 312-822-5000 (Any additional signatures appear on the last pocarge ,.nd.) 10"'AA111610% (FOR INFO&WITIOMOXLY—Xante,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Kansas City Series of Lockton Companies, LLC (Architect,Engineer or other party.,) 444 W. 47th Street, Stuite 900 Kansas City, MO 64112-1906 816-960-9000 S-1 852/AS 8110 §1 The 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 I 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 the 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 shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3,l shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owncr 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. §4 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 Surety's obligations,or release the Surety from its obligations,eYee t to the extent the Surety demnns esactualprejudice, §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: i j §6.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; I §6.2 Undertake to perform and complete the Construction Contract itself,through Its agents or Independent contractors; i §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 surety equivalent to the bonds issued on pie Construction Contract,and pay to the 0«vor 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 the Contractor Default;or §6.4 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 E seven days atter receipt of an additional written notice from the Owner to the Surety demanding that the Surety perfonn its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If die Surety proceeds as provided In Section 5,4,and the Owner refuses the payment or the Surety has derued liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner, i t t i 4 I 8-1852/AS 8110 I §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 be 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 work 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 I the Surety elects to act under Section 5.1,5.3 or 5A,the Surety's Iiability is limited to the amount of this Bond. §9 The 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 shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to tiny 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. §11 Any proceeding,legal or equitable,under ibis 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 rivo 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 law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, §12 Notice to the Surety,the Owner 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 in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefiom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law'bond. §14 Definitions §14,1 Balance of the Contract Price,The total amount payable by the Owner to tate Coatractor under the Construction Contract after all proper adjustments have bccn 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 behalf of 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. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material i term of the Construction Contract. i §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. i §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. i §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor, I i I E S-1852/AS 8110 I i §16 Modifications to this bond are as follo%vs: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-18521AS 8/10 Bond No. 929642250 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Maine,legal states and address) (Nance,legal status and principal place of business) Faith Technologies, Inc. Continental Casualty Company 225 Main Street 333 S. Wabash Ave. This document has important legal Chicago, IL 60604 consequences,Consultation with Menasha, WI 54952-0260 an attorney is encouraged with respect to Its completion or modificatl6n. OWNER: Any singular reference to (Marne,legal status and address) Contractor,Surety,Owner or City of Oshkosh plu al her shall b where app �� sidared considered 215 Church Ave. Oshkosh, WI 54903 CONSTRUCTION CONTRACT Date- March 23, 2017 Amount:$37,800.00 Thirty Seven Thousand Eight Hundred Dollars and 00/100 Description: (Name and location) Oshkosh Convention Center Electrical Upgrades BOND Date: March 24, 2017 (V61 earlier than Construction Contract Date) Amount:$37,800.00 Thirty Seven Thousand Eight Hundred Dollars and 00/100 Modifications to this Bond: None See Section 18 CONTRACTOR AS PRINCIPAL 1�nulrrnrrrr�� SURETY Company: (Corps '��,,� Com an ' C ��e P Y: (Corporate Seal) Faith Technologies, Inc. m,�` �,.•`p�pp'' °<,, Continental Casualty Company Q ' v; * « :`• ?car Signature: e :Signature: Name Georg J. Va& D&r en ;Z Name -Rebecca S. Leal and Title: ",., ;° `mom and Title: Attorney-in-Fact Exec i v e V i c e°�, sa, , nSurety Phone No. 312-822-5000 Com k%%,,,`` 1..1111 1111111111 (4ny additional signatures appear on the last page of this Payment Bond,) (FOR INFOAMTION ONLY—Nance,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Kansas City Series of Lockton Companies, LLC (4rchi(ect,Engineer orodrerparV) 444 W. 47th Street, Stuite 900 Kansas City, MO 64112-1906 816-960-9000 S-21491AS 8/10 §I The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,udministrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms, §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner tinder this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,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 tit the Surety's expense defend,Indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit, §6 The Surety's obligations to a Claimant under this Bond shall arise after the following: §6.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,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 the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions; §7.1 Send an answer 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 §7.2 Pay or arrange for payment of any undisputed amounts, §7,3 The Surety's failure to discharge its obligations under Section 7,1 or Section 7,2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or nequire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement, If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §6,The Surety's total obligation shalt not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance band.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work, , 5-214WAS 8/10 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of Elie Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 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. §12 No stilt or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract-Is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5,1.2 or 5.2,or(2)on which the lost labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.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 of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears,Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received, §14 When this Bond has been Atmisbed to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted lterefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as it statutory bond and not as a common law bond. §16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum; .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor,materials or equipment was furnished for use in the performance of the Construction Contract, .4 a brief description of the labor,materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or}vith a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also Includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's Lien or similar statute against the real property upon which the Project is located,The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction whore the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,Including all Contract Documents and all changes made to the agreement and the Contract Documents. 8-2149lA8 8110 §16,4 Owner Default,Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with die other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor acrd subcontractor,(lie term Contractor in this Bond shalt be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows; (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-2149/AS 8110 j POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Patrick T. Pribyl, Debra J. Scarborough, Mary T. Flanigan, Christy M. Braile, Jeffrey C. Carey, Charles R. Teter III, Laura M. Buhrmester, Evan D. Sizemore, Charissa D. Lecuyer, Rebecca S. Leal, Larissa Smith, C. Stephens Griggs, Tahitia M.Fry,Megan L.Burns-Hasty,Individually i i i of Kansas City,MO,their hue and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- f and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 19th day of October,2016. � GAS lJq�r WSURq �9ANY0A Continental Casualty Company ��� �aI National Fire Insurance Company of Hartford F� OORPOAATZ o� _ ; `ty�pRPORAmerican Cas alty Company of Reading,Pennsylvania O 2 9 L JULY 31, SEAL t d= 1902 .. a 1897 HARTf�� b • � Paul T. Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 19th day of October,2016,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. J.MOHR NOTARY PUBLICSEAL SOTAR DAKOTA 1. (" 7?J_xA�� My Commission Expires June 23,2021 J. Mohr Notary Public CERTIFICATE I,D. Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. llytp�(ir�p�Zy yyb�rof I have hereunto subscribed my name and affixed the seal of the said insurance companies this day of MJ�f� G't L I , �GASUq<p 1NSUR,yy �vANYat Continental Casualty Company National Fire Insurance Company of Hartford H� OORP,RgTfi O� _ y ¢`NpgRPDRgTfO American Casualty Company of Reading,Pennsylvania JULY 31, y V SEAL t y =� ,? 1902 a� 1897 HARIF b • D. Bult Assistant Secretary Form F6853-4/2012