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HomeMy WebLinkAboutMacco's Commercial Interiors & Oshkosh I CONTRACTOR AGREEMENT: OSHKOSH CONVENTION CENTER FLOORING REPLACEMENT CITY OF OSHKOSH THIS AGREEMENT,made on the 291h day of February,2017,by and between the CITY OF OSHKOSH,party of the first part,hereinafter referred to as CITY,and MACCO'S COMMERCIAL INTERIORS INC.,680 S.WESTLAND DRIVE,APPLETON,WI 54303,hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. 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. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Dale Schumerth, Project Manager, Macco's Commercial Interiors, 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 111. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (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 Flooring Replacement" dated November 12,2016,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$239,090.00, 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 services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. II 2 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. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph,then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. 3 In the Presence of: CONTRACTOR/CONSULTANT w w � (Seal of Contractor (Specify Title) if a. Corporation.) By: (Specify Title) CITY OF OSHKOSH c:_- 4 Mark A. liohloff, City Manager �..._. ( itn `ss) p 0 f And: ( itness) 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. 4ityy Attorney City Comptroller 4 CITY OF OSHKOSH BID PROPOSAL FORM OSHKOSH CONVENTION CENTER FLOORING REPLACEMENT Page 1 of 2 From; C(3 Y�1 mP ,l c �lz�E�^�Y��y (bidder's company name) BID PROPOSAL DEADLINE; TUESDAY,DECEMBER 20,2016©10:00 A.M. Date; Addenda: Receipt of Addenda numbered —,L of are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write"N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor, We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): BASE BID: TOTAL BASE BID ------ (Base Bid Price—in Words) Warranty Details: -� �, 7Gr� 25 I CITY OF OSHKOSH BID PROPOSAL FORM OSHKOSH CONVENTION CENTER FLOORING REPLACEMENT Page 2 of 2 SIGNATURES _ c Date: 1��sl Name of Company: C�� y Submitted by: (name/title) 240 Email: ®l11�CC�5,r'� Address of Company; S. U + hmniz t'hone: Compan Re resentative that will be named Project Manager for this project,if awarded the bid: Name Title That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf, and that said statements are true and correct. Signature v Title�V C 26 -2, Document A31OTM - 2010 Bid Bond CONTRACTOR: SURETY: (:Vatne, legal status•and addi-ess) (A`trine, legal stolus and principol place MACCO'S COMMERCIAL INTERIORS,INC. nfhusiness) 2325 Hutson Road MERCHANTS BONDING COMPANY(MUTUAL) Green Bay,WI 54303 6700 Westown Parkway This document has important legal West Des Moines,IA 50266 consequences.Consultation with OWNER: an attorney is encouraged with (\`ante, legal status and address) respect to its completion or CITY OF OSHKOSH modification. 215 Church Avenue,Oshkosh,WI 54903-1130 Any singular reference to Contractor,Surety,Owner or BOND AMOUNT: Five percent of amount bid. other party shall be considered (5%of Amount Bid) plural where applicable. PROJECT: ( "i nne, hwation or address, and l"t-ofect number, ifanh) Oshkosh Convention Center,Oshkosh,WI Project Number, if an) 'file Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts[lie bid of the Contractor within the tittle specified in the bid documents,or\Villain such lune period its may be agreed to by the Chviier and Contractor:and the Contractor either(D enters into a contract with the Chvncr in accordance with file ternas of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a sttrety adnuttcd in the jurisdiction of(lie Project and otherwise;acceptable to the Owncr, for the faithful performance of such Contract and for the prompt payment of labor azul material furnished in the prosecution thereof:or(2)pays to the Owner the difference, not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which file Owncr may in good faith contract with another party to perform the work covered by said bid.then this obligation shall be null and void,otherwise to remain in full force and effect.'I"he Surety hereby waives any notice of tan agreement between the Owner tutu Contractor to extend the tittle in which the Owner may accept the bid. Waiver of notice by the Sunt),shall not apply to any extension exceeding sixty(60)days in the;aggregate beyond the tithe for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the(crin Contractor in this Bond shall be deemed to be Subcontractor and the teen Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with astatutory or other legal requirement in the location of the Project. an.),provision in this Bond conflicting with said statutory'or legal Mquirenaew shall be decmed deleted herefrom and provisions conforining to such statutory or other legal requirement shall be decmed incorpornted herein.When so furnished,the intent is that this Bond shall be construed.as a statutory bond and not as a common law bond. Signed and sealed this 20th day of December,2016 MACCO'S COMMERCIAL INTERIORS,INC. (Principal) (Seal) 1 f (Title) MERCHANTS BONDING CONrPANY(MUTUAL) t(S7n' !t) v (Title) R ane Jenson,Attorney in Fact AIA Document A3107m—2010.copyright 8 1963,1970 and 2010 by The American Inslitulo of Architocts.All rights reserved. MERCHAN ' _ 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, Brian Krause; Christopher K Hovden; Kelly Cady; Roxanne Jensen; Trudy A Szalewski 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 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 15th day of August 2016 MERCHANTS BONDING C tQ«:AC"�`' °•°'01G CgM,o•, MERCHANTS NATIONALsON01NC i NCTUAL) -o_ 1933 c; • .ya. :�y, By STATE OF IOWA ,',,1 °•, °°• err{r{IIi.01111{6 ••°o•° COUNTY OF Dallas ss. President On this 15th day of August 2016 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,Y )r'r WENDY WOODY ok-1 v Commission Number 784654 z My Commission Expires June 20,2017 Notary Publr , County,Iowa (Expiration of notary's commission does not invalidate this instrument) 1,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 stili 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, clay of 10 144 Secretary 1933 :c: . ti. POA 0014 (6/15) ""%"••` {i�be'` j I WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AIA DOCUMENT JULY 1980 ED. WIS. A312 iw D PUBLIC IMPROVEMENT PERFORMANCEILABOR AND MATERIAL PAYMENT BOND U THIS BOND IS TO HE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT 0o TO SECTION 779.14 WISCONSIN STATUTES. Bond No.W IC 56578 V; KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and addreu or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) MACCO'S COMMERCIAL INTERIORS,INC. 2325 Hutson Road Green Bay WI 54303 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) MERCHANTS BONDING COMPANY(MUTUAL) 6700 Westown Parkway West Des Moines IA 50266 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) CITY OF OSHKOSH 215 Church Avenue Oshkosh WI 54903-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Two Hundred Thirty Nine Thousand Ninety and oomooDollars ($ 239,090.00 (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by thesa.preser%ts. WHEREAS, MACCO'S COMMERCIAL INTERIORS,INC. Principal has by written agreement dated 2/28/2017 entered into a contract with Owner for Oshkosh Convention Center Flooring Replacement,Oshkosh,WI in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof and is required by Section 779.14,Wisconsin Statutes., The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. C: PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWOPAGESAGE WIS,AIA DOC.WIS.A312AUGUST. 1989ED. a Copr. 1969 Wisconsin Society of Architects/AIA 321 S.Hamilton St. Madison,Wis.53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. I£ the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 17th day of March 2017 IN THE PRESENCE OF: MACCO'S COMMERCIAL INTERIORS INC. C.•(-.0` �-��-f:-/�.J ^ Br: ..»,� (Seal) fl witneu TI*, MERCHANTS BONDING COMPANY(MUTUAL) Name of Surety By: ( '''�GC�t.-,V`.��""�...i�.._ �i�°'"�`1✓'�M.1�'.�r'1 (seal) with 71&; Roxanne Jensen Attorney-in-Fact APPROVED BY* IN 'CNE PRESENCE OF: Owner By: (sew) witnm Mae: *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2 MERCHANTS BONDING COMPANY,,, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, Brian Krause; Christopher K Hovden; Kelly Cody; Roxanne Jensen; Trudy A Szalewski 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 State of Florida Department of Transportation making payment of the final estimate to the Contractor and/ 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 15th day of August 2016 '. G C ••• MERCHANTS BONDING COMPANY(MUTUAL) 4�t ..... .•�O�N••• �!slp•� MERCHANTS NATIONAL BONDING,INC. .7 •y;'2 ; 1933 -, =��� .-� :yam• `o:• By STATE OF IOWA 'J4ry�pesNlt{t;�'` ••••.•.. COUNTY OF Dallas ss. President On this 15th day of August 2016 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �pRiA< WENDY WOODY o ; Commission Number 784654 ? !°.i.i My Commission Expires owP June 20, 2017 Notary Publi , 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. �� �i, (� In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1'71day ofJ�'x -`"`-, Odd O�. � �P P 0 A,��9y�. �Jai �✓� �� t -0- .�..GI :s ? -O- Secretary 1933 c: POA 0014 (6/15) WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AIA DOCUMENT JULY 1980 ED. WIS. A312 ci w P 00 P IMPROVEMENT V) PUBLIC U PERFORMANCE < ' N < N PAYMENT BOND3 UO THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT O TO SECTION 779.14 WISCONSIN STATUTES. a Bond No.WIC 56578 a 3 NOW ALL IGEN BY THESE PRESENTS: that (Here inert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) MACCO'S COMMERCIAL INTERIORS, INC. 2325 Hutson Road Green Bay WI 54303 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of surety) j MERCHANTS BONDING COMPANY(MUTUAL) j 6700 Westown Parkway West Des Moines IA 50266 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, I are held and firmly bound unto (Name and address or legal title of Owner) CITY OF OSHKOSH 215 Church Avenue Oshkosh WI 54903-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Two Hundred Thirty Nine Thousand Ninety and 00/100Dollars ($ 239,090.00 , (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by them.presertts. z WHEREAS, MACCO'S COMMERCIAL INTERIORS,INC. Principal has by written agreement dated 2/28/2017 , entered into a contract with Owner for Oshkosh Convention Center Flooring Replacement,Oshkosh,WI i in accordance with drawings and specifications prepared by (Here insert full name, title and address) I i which contract is by reference made a part hereof and is required by Section 779.14,Wisconsin Statutes., a a 8 w The said written agreement, drawings, specifications and amendments N a c are hereinafter referred to as the Contract. n c PUBLIC IMPROVEMENT I' SAOC S02AGSPL B9TWO PAGES AIDW .A3UU89ED. Pm o Copr.1969 Wisconsin Society of Architects AIA 321 S.Hamilton St. Madison,Wis.53703 [: r NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con. reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 17th- day of March 2017 IN THE PRESENCE OF: MACCO'S COMMERCIAL INTERIORS INC. Principe] (Seal) witneea MERCHANTS BONDING COMPANY(MUTUAL) Name of Surety BY: (Seal) itzes Thu. Roxanne Jensen Attorn ey-i n-Fact APPROVED BY* IN THE PRESENCE OF: Owner (SCA) By: witness ntle: *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2 MERCHANTS BONDING COMPANY,,, POWER F 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, Brian Krause; Christopher K Hovden; Kelly Cody; Roxanne Jensen; Trudy A Szalewskl 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 As Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this 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 15th day of August 2016 `•,•"'°•• MERCHANTS BONDING COMPANY(MUTUAL) "G MERCHANTS NATIONAL BONDING,INC. •�oP�oRP 0,q,..I,e 1933 c® B may. •'. y , CJD i• .. •:r�fi'�:`R eeJ,Y .•`,fie°e STATE OF IOWA err,�.:�ge!'t•'d •®•®}"C°•®° President COUNTY OF Dallas ss. On this 15th day of August 2016 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say a he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. µRia<S WENDY WOODY o ?, > Commission Number 784654 Q' z ij![°rt" My Commission Expires 20, 2017 owP June Notary Publr , County,Iowa (Expiration of notary's commission I does not invalidate this instrument) I,William Warner,Jd MERCHANTS NATIONAL BONDING,INC., r.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)an do hereby certify I force and effect d foregoing hos nis a to amand endedror revoked.f the POWER-OF-ATTORNEY executed by said Companies, which is still in ful �� r In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this, day of�l}�( i •®...°. 101444L °® apH P 0 C11 —®_ , ve Secretary C 6'` 1933 0. ®° POA 0014 (6/15) I