BT Club Pool Renovation Project'I・ 0:
VH.IJAGE OF OAK BR00K
CONTRACT FOR THE
OAK BR00K BATH■TENNIS P00L RENOVAT10N PROJECT
Full Name of COntractOr:Mid_AmeHca P∞l Renovation,Inc Cr。れtractor・)Principa1 0fFlce Address:5929E.154:h Terrace,Grandview.M064030
Contact Person:David E Kateus2,Ⅳranaging Director Telephone lヾ umber:773‐278‐7349
Village of Oak Brook ("Vr:tlage")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin, Public Works Director
Controctor warronts ond represents lhat Conlrqclor hos
corefu.lly eront.ined the Vtorh Site described belou, ond
hos reuiewed ond understood oll documents includcd,
relerred to, or mentioned in this bound set of docunwnls.
I Work
A. Contract and lVork. Contractor acknowledges,
and agreos. that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner
specified and described, and upon the terms and
conditions set forth. in this Contract. all of the following.
all of rvhich is herein referred to as the "Work":
5. Miscellaneous. Do all other things required
ofContractor by this Contraet: and
6. Sualitv. Provide, perform, and conrplete all
of the foregoing in a proper and workmanlike
manner. consistent with the standards of
recognized professional firms in performing
Work of a similar nature, in full compliance
with, and as required by or pursuant, to this
Contract. and with the greatest economy,
effrciency, and expedition consistent
therewith, rvit.h only new, undamaged, andfirst quality equipment, eaterials. and
supplies.
l. Labor. E[uipment. Materials. and Supnlies.
Provide, perform, and complete. in the
manner specified and described in this
Contract. all necessary u'ork, labor, services,
transport.ation, equipment, materials.
supplies, information, data, and other means
and items necessary for the Oak Brook Bath
& Tennis Pool Renovat.ion Project. as
specified in tlxhibit A attached hereto, at the
Oak Brook Bath & Tennis Club, 800 Oak
Brook Road, Oak Brook. Illinois 60523
("Worh Sdee"):
2. Permits. The Village will furnish all
permits, licenses, and other governmenial
approvals and authorizations necessary in
connection therewith;
3. Bonds and lnsurance. Procure and furnish
all bonds and all insurance certificates and
policres of insurance specifred ir"r this
Contract:
1. Taxes. Pay all applicable federal, st.ate. and
local taxes:
B Pel・ fOrmance Standards Contractor
acknorvledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
the Proposal dal,ed April 18, 2019, attached hereto as
Exhibit A.
C Responsibilitv for Damaee or L,oss. Contractor
proposes, and agrees, that Contractor shall be
responsible and liable for, and shall promptly and
withotrt charge to Village repair or replace. any damage
done to, and any loss or injury suffered by. the Village.
the Work. the \tork Srte, or other property or persons as
a result of the Work.
D. Inspectior/Testins/Reiection Village shall have
the right to inspect all or any parl of the \l,ork and to
reject all or an], pad of the Work lhat is, in Village's
ludgment, defective or damaged or that io any way fsilg
to conform strictl] to the requirements of this Contract
and the Village, without limiting its other rigbts or
remedies, may r€quire colrection or replacement at
Contractor's cost. perform or hare performed all Work
necessary to c.omplete or correct all or any part of the
Worh that is defective, danaged, or nonconforming and
charBe Contractor with any exceEs cost incurred thereby
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor,c
expense and risk.
2. Contract Pric€
Contractor acknowledges and agrees that Contractor
shall take rn full payment for all Work and other matters
set forth undcr Section I above, including overhead andproht; taxea, contributions, and premiums; and
compen8ation to all subcontractors and suppliers, the
compensatioD set fort h below.
A. scHt)pul.E qElEleES
For providing. performing, and completing all
Work, the toral Contract Price of t1,04t,976.00
?OTAL CONTRACT PRICE (in writins):
Oue Milliou, Forty Eighr Thousaud, Nine
Hundred and Severty-Five Dollars Oaly
B, BASIS I'OR DETER}IINING PRICES
It is expressly understood and agre€d that:
l. All pric€s stated in tbe Schedule of Prices
arc 6rm and shall not be ..ubject to
escalal,ion or charlge;
2. 1'he Village i8 not subject to staie ot. local
sales, use, and ercise taxea. that no such
ta:rea are included in the Schedule of Pricee,
and that all claim or right to claim ary
additional compenaation by reason of the
payment of any such tax is hereby u.aived
and released;
3. All other applicable federal, st.ato, and local
taxes of evelv kind and nature applicablo t.o
the Work are included in the Schedule of
Prices
c. TTMU OF PAYMBNT
l,rogress pal,menl.s will be nrade based on the
outline of costs listed in the a ached proposal.It is expressly understood and agreed that anyfinal palments shall only be made upon
completion of the work and final approval by the
Village.
All payments may be subject to deduction or
seto(T by reaeon of any failure of CoDtractor to
perform under thie Contract. Each patment
shall include Coniractols certiricatioD of the
value oC and partial or final waivers of licn
covering. all ll,ork for $hich payment is then
requested and Contractor's certification that all
prior payments have been properly applied to
the payment or reimbursement of the costs u,ith
respect to $hich they were paid.
3 Cq4lrlql Time
Contlactor ackno,\rledges and aBrees thai Contractoy
shall commence the Work $.ithio ,i doy (weather
per-mitting) following the cnd of the 20tg pool Season.
and the Village's acceptance of this Contract provided
Oontract r shall have furnished to the Viuage ;U bonds
and all insurance certi6cate8 epecified in ttis Contraca("Commencemen, Date"). Contractor ftrrther
acknorvledgea and agreee that Contractor shall perform
the Work diligently and continuously and shall completethe \lbrk not larer rhan MaX t, 2020 (,'Time ofPertonnance"\. The f illage may modifu the Time oi
Performance at any time upon li days prior written
notice to the Contmctor. Delays caused by the Villageshall ertend the Time of Performance; provide-d,
however, that Contractor shall be responsible for
completioD of all Work within the Time of performance.
notwithstanding any strike or other work stoppage by
emplol-ees ofeither Contractor or ofthe Village
f. Financial Assurance
,1. Bonds. Contractor acknowledges and agrees
tlrat Contractor shall provide a Performance Bond and a
Labor and Material Payment Bond, on forrne provided
by. or otherra'ise acceptable to, the ViltaRe, from a surety
company acceptable to the Village, each in the penal 8umof the Contract Price, within l0 days following the
\-illa ge's acceptance of this Contracl.
B. lnsurance. Contractor acknowledges and agrcesthat Contractor shall provide certi6cates of insurance
evidencing the minimum insurance coverages and limits
6et forth in E*hibit B within l0 days following the
Village's acceptance of this Controct. Such policies shall
be in form, and &om companies, acceptable [o theVillage. The insurancc covcrages and limits set fodh
Exhibit B shell be deemed to be minimun coverages andlimits and shall not be construed in any way as alimitation on Contractor's duty to carqr aJequate
insurance or oo (loDtractor,s liBbility for losses or
damages under lhts Contract. The mrnrmum iDsurance
coveragea and limits that shall be maintained at ell
limes while protiding, performing. or completing the
WoIk are as sel forth in Exhibit B.
ll lndemni6cation. Co[tractoracknowledges andagtles that Contrs.lor shall indemnify and save
ha-rmless the Village its officers, officrals. employees and
volunteers, agarrut all damages, liability, claims, losses.
and expenses (includiDg 6ttorneys, fee) lhat rnay srise, or
be alleged to have alisen. out of oI in conneciion with
Contractor's performance of. or faiture to perform. theWork or an1' part thereol or any failure io meef the
repre8enlationB and warranties s(,t forth in Section 6 of
!his Contract.
D- Penalties. Contrqctor acknowledges and agreesthat Contractor shall be solely liable for any finee or civilpenalties that are iDposed by any governrDental orquasi-governmental agencl,or body that may afisc, or healleged to have arisen. out of or rn eonnection with
Contraclor's performance of, or failur.e to perform. theWork or any part thereol
5. firm Proposal
All prices and other tcrms stated iD this Contracl arcfirm and shall not be Bubiect to withdrawal. escalation.
or change.
6 Coptractor's RepreseEtatioas and Warranties
In order io induce the Village to accept this Contract,
Contractor hereby represents and warrants as follows:
A. Tie \llor!. The Work. and all of its components.shall strictly conform to the requirements of this
Contract, including, r,,ithout linritation, the performance
standards set forth in Subscction lB of thia Contract;
and shall be fit. suflicient, and suitable for the purposes
expres6ed in. or reasonably inferred from, this Co;hact
and the $,arranties expregsed herein shall be in addition
to. any other \r,arranties expressed or implied b1, law.
which are hereby rescn'ed unto the Village.
B. Compliance wrth Laws. The Work. and all of its
components, shallbe provided, performed, and completedin compliance with. and Contractor agrees lo be Louodb1. all applicable federal. stat.e. and tcal lal,e. ordere.rules, and regulations. as the), may be modrfied oramended frorn tinre to time. including rvithout linritationrf applicable. the Prer.arLng \t age Act. 820 ll,CS
l3O/0.01 e! Sgg; any olher prevailing s.age la\ea; anrsratutcs rpquiring preforence to laborers of specrl.iecl
classes: any stalul,es pr{,hrbtting discrlmination bccausF
ol. or requiring affirmaltve actton basad on. race. creed,color.-natronal origin, age sex. or othe!. proiibihj
clae-sihcation: and 6n!'statutes regarding safety oI theperfornrance of lhe Work. Further. Conl.rar:tor shallhate a ryrittea scxual harassment policy in conpt,an"uryith Section :, l05 of the nlrnois lluman Rights ,\ctdunng lhe courso c,fthe wor}.
C. Not lgltrgd Contractor is not barred bv tatIrom (.6n1rr.,,ra with lhe vrlllrgo or with an) orher rrnrrol slalc or local gor,rrnnrent as a rcstrlt of {ir a
dchnquencv ln tho pa)-ment of anv tax admintstered by
the Illrnr,ris ljeparlmenl of Rcvenue unless Conlractor iscootesting. rn accordance with the procedures
established b).the approprrate Revenue Act, ite liability
for the tax or the amount of tax. as set forth in 65 ILCS5lll.42.l.l; or (ii) a violation of aither Section B3E_g orSection 338-4 ofArricle 38 ofthe Criminal Code of 1961,
?20 ILCS 5/338.1 ct ses.
D. Qqalified. Contractor has the requisite
experience, abilitt, capital, facilitres, plant, organization,and staff to enable Contractor to perform the Worksuccessfully and prcmptly and to commence andcomplete the Work within the Contract price and
CoDtract Time 6et forth above.
7. Acknowledgements
. lo submitting this Contract, Contractor
acknowledges and agrees that:
A. Beliance. The Village is relying onwemanlies. rcpreaentations. and statementa made('ontractor in this Contract.
- B, Acceotance. If this Contract is accepted,Contractor shall be bound by each and every ;r;,condition, or provision contained in this Contract.
C. Ilemediee. Each of the righls and remedies
reserved to the Village in this Contract ahall bo(umulative and additional to any other or further
lemedies provided in law or equily or in thi-e Contract.
D. Time. Time rs of the essence in the performance
of all terms and provisions ol thie Contract'and, exceplwhere stated ol,herrpiee rcferences in this Contract iodays shall be construed to refer to calendar dayo andtime.
E. No Wait,er. No examination, inepection.
investigation, test, measurement, review, determination,
decision. certrficste, or approval by the Village, rvhether
before or aft,er the Village s acceptance of this Contract;rror any .tnformatton or dala supplied by the Village.whelher before or alter lhe Villages acceptance of tiis( ontract: lrrr an) order by the Village tor the pal.ment ofmoney, nor any payment for, or use, possession. or
a.ccepl,ance o[ the whole or any para ofthe Work by theYillage: noranyextension of time granred by the Yiliage:nor any delay b]. the Villegc in exercising any rigliurder this Contract; nor any other act or onrission of tbeVillage shall constitute or be deemed to be an acceptanccof any defective. damaged. or nonconformrng Woif, ,o,.operate [o waivc or otheiwise diminish the effect of anvreprcsentalion or rvarrenty made by Contractol or ofany [equircment or provision of this Contract: or of anyremedy. pou.er. or right ofthe Village.
F. geverabitirv. It is hereby cxpreoscd r,o t c rhr:intert of the parties lo thts Contract rhat should any
provision, covenant, agreement, or portiot of tht6
Conttact ot its application to any pel.soD or propertl be
held invalid by a court of compctcnt jurisdiction. the
remaining pro\:rsions of this Contract and the 1€liditv.
enforcoability. and apphcalion to an5 Per.son o, p.up"rt1.
shall not be impaired thereby, but the remainirg
provisioos shall he ioterpreted, applied, and enforced so
as to achievc. as near as may be. the purpoEe and intentof this Contract to thc greatest exteflt permitted by
applicable law.
G. Amepdments and l.lodifications. No amendmenl
or modification to this (lon(ract shall be effective until it
is reduced to writing and approved ard executed by the
corporate authorities of t.he palties in accordauce with all
applicable statutoiy procedrrres_
H. Assisnment. Nejthel this Contract, nor any
interest herein, shall be assigned or subcontracted, in
rvhole or in part, by Contrsctor except upon the prior
writteo consent ofthc Village.
l. (ior:ernine Law: Venue. Thrs Contract shall be
governed by. construed and enforced rn accordaoce with
the internal laqs, but not the conllicts of laws rulee. of
the St6te of llhnots venue for any action arretng out of
or due to this Contract shall be in the Circuit Court for
DuPage County. Illinois.
J. C€rtilied Parrclle. Contractor shall, in
acr:ordance $.ith Section 5 of the Illinois prevailing Wage
Act, 820 I l-,CS 130/5, submit [o the Village. on a monlhll,
basis, a certiEed pafoll, if applicable. The certified
payroll rhall consist of a complete copy of those records
required to be made and kept by the prevailrng \\'ageAct. The certified pal,roll shall be accompanied by a
statement signed b). the Contractor or subcontractor
which certifies thal: (l) such recotds are true an.l
acculate: (2) the horrrly rate paid is not less, if
applicable. than thc general prcvailing rate of hourly
wages required by the Prevailing Wage Act; and (3)
Contmctor or subcontracto! is arvare that filing a
ceflified pat,roll that he or ehe kaorys to be falsc is a
Class B misdemeanor. -4 general contracior may rely
upon the certificatioE of a iora?r tier subcontractorl.
provided that the general contractor.does not knowingly
rell'upon a subcontractor's false certification. tJpon tivo
business da1.s' notice, Contractot and each gubcontractor
shall nrake availablc for iDsl)ection the r.ecords requircd
(o be madc and kept. by the Act: (i) to the Village. its
ofhcers and agents. and to the Director of the llinois
I)eflarlmenl of Labor and his or. hers deputies and
agents; and (ii) 21 sll reasonable hours at a location
withiD this State.
Ii. Conflicts of Interest. Contractor reprcaeirts andcenifics thet. to the best of its kno*ledge, (l) no electcdor appointed Village ofliciat, employee or agent has apersonal hnancial interest in the business of the
Contractor or to this Agreement, or has personally
receil'ed payment or othe, consideration for thii
Agreement: (2) as ofthe date ofthie AgeerDent, neither
Contractor nor any pergon employed or associated with
CoDlractor has an} interest that would conflict in anymanner or degr.ee with the performance of theobligations undcr thig Agre.€menti and (A) neither
Contractor nor an, person employed by or aseociated
with Co[tractor shall at any time duriog ihe term ofthrs
Agreement obtain or acquire any interest that would
conflict in any manner or degree with the performance of
the obligations under this Agreeocnt.
1,. Exhibits and Other Aeteements. Ifany conflict exiets
between this AgreerDent and any exhibit attsched hereto
or any other Agreement betu,een the parties relatiog tothis transactioD. the terms of this Agreement shall
prevail.
M. No. Disclosure of Confidential lnformation by theConeultant. The Consultant acknowledges that it
shall, in performing the Services for the Village underthis Agreement. have access, r.rr be directlv or
indirectlv exposed. to Confidential lnformatron. The
Consultant shall hold confrdential all Confidential
lnfqrmation and shall not disclose or use such
Confidential lnformation $.ithout the express prior
written consent of the Village. The Consultant shall
use reaeonable meaaures at least as strict as those theConsuhant uses to protect its own confidential
information. Such measures shall include. without
limitation. requiring employees and subcontractors of
the Consultant to execute a non,disclosure agr.eeDent
before obtaining access to Confidential lnforElaiion_
鳳,繰 T宣 寛B:L.蹴 exccけ “
ATTEST:
VILLAGE OF OAK BR00K,
mu!〕icipal co中 01atiOn
an lllinois
AT'「ES′r:
EXRIBrr 4
rPRο Posュ ,ス rED APRIι ′&′0′り
Mid-Americo
P00L RENOVATION,lnc,
18 Apr∥2019
Outlane of CosE
Performance Bond (2ok)
Mob∥ization
Mr Doug Patchin
Directo「of Public works
V∥lage of oak Br00k
1200 0ak Brook Road
Oak BrOOk,IL 60523
Dear Mr Patchin
職y欝 淋璽繹職I鶉 :¶酬黒鵬」T化胤T寵 ソ性出鬼1腺 器 翼li「選縄:1::IttTettdasurge
The exislng D[Vac System wOu:d be removed
累麟1:Я腕曲ギ謂ぶξ:蹴 f」μ漏よy距 [nd“en a DE
螺訓:管 ::糧 罐he"dS as o山 ned“bw酬 lha"hem ttnttOn
Engineered prans & Drawings to obtarn an rDpH construction permir
Generatty rhe- tDpH win ailow cunrng,.demolnron,
"rl l3,i"T"','o'r"0"r"r,",work but no finish or instaltation w"rr *iiir,irr , p"rmi, o'##,n"a
S10,527.00
S12,6600o
5929E ,“th Terace
Crandview`Mo 64030
816 994 3300 Kansas clly
773 278 7349 Ch ca90
63653701o8St t Ouis
800 253 7349 0ther Areas
816 994 3301 FAX
POOlierlovat01、(On)
COMPLETE
SW'M∥INc PooL
RENOVAT]oN口
::認 :電 器・。
Madewell. Mainstaソ
Perma_shield`
INTERCLASS'
Hydro Ester Lv c∞
"「● New POOlinteriOFS
INTER‐GLASS
Reや lastelng
Da"nd Blte
River Rok・
3eadcrete
Krystakrete.
● Dec):lll=:ling
KoOI Deck
O New Tle
1 00s Of Patterns
Depth&No Dive
● New Coping
B"ck
Cast stOne
Concrete Bullnose
・ Water Features
● Structural Repai「
&Consultation
‐
.ヽ ISI'
翼岬
「コニヽ
C¨R[▼[ll`I●A,R
Pressure Te6ting of the Recirculation Lines
N/C
Pressure Testing is a free service to our contracted cuslomers
However, since a new S,/S gutter system and main drains ate to be
added, a Pressure Tesi would not be necessary The S/S gutter
syslem provides both surface skimming (suction) and watei returns,
while the main drains provide deeper waler suction All piping is
scheduled and installed to accommodale the required 6-Hr T-urnover
Rate for commercial pools
Removal / Protection of all Fixtures (Lights, fittings etc )N/C
Cutting / Demolition / Excavation S305,96000
- Existing Lap Pool Gufter Removal- Existing DivirE Pool Gutter Removat- Existing Lap. Diving and Kiddy pools tile removal
Demolish & remove existing concrete DE Vac Tank- Cutting for new Main Drain Sumps and associated piping- Excavalion for new concrete surge tank' Removal of all existing deteriorated caulking
Removal of existing broken / damaged Wall Steps- Demolish / rebuild 1 repair Kiddie pool entry Step (as
needed)- 40K Water Jetting to remove existing coatings to a sound,
clean concrete
Supply, lnstallation procedures (af $ 381.275.00
Form & Pour Surge Tank, suppty & install Bilco Access Door
Set New 316 Grade SIS gutters converter boxes -
lnstallation of:o New SCH 80 plumbing lines run to the equipment room. New 20hp pump and stratner. Three new horizontal fiberglass filters (lnc. shipping to sile). New Valves. flow meters, conneclions & Saddle Bise. Grout Mix around the new guflers
Pour Concrete behind the gutters to existing deck level
Pour Decking around Surge Tank
Set new Main Drain Sumps fill cutting area with Groul
Preparation , lrctallation proceduree (b) (alt poots) I 297.3E5.00
- Surface Preparation. Filling of bug_holeso Surface patching as needed (epory mortar or resin filler)- tnsta ation of the following. New pool fiher system, new pump. valves. elc. Protec{ive Barrier Systemo New Replacement Wall Steps. All tite (waierline, racing lanes, targets, joint borders). The INTER-GLASS@ Reinforced Folmeric System. Latiscal Si,icon Sealant in all loinlsr VGB Compliant Main Drain Covers
Closeout
- Walk-through wilh Owner Representative, Compbtion of any punch Lisi ftems- Delivery of. Operation Manuals. lnstruction on Operation. Warranties- Poots begin re{illing
Total lncluding New Option One Before performance Bond $ 1.02g.407.00
Performance Bond l7o/ol
Total of proposed Contract New lncluding Option One
* Pricing does include prevailing Wage Scales
Should you have any questions please give us a call
Sincerely
David E. Kateusz
Mid America Pool Renovalion, tnc
20,560 00
$ 1.0118.975.00'.
:NTER・ GLASSC
MANIIFACTllRERS lン lMITED WARRANTV
For a period of 25.rears riom rhe date of installalioo k)
purclrasfl ol'rhc IYTER.GLASSG. TNTER-GLASS{. tr wananl€d atai stnalin_g and lealing as idenrrfied onl) rhrough thc inslallcd INTER_GI;SSGlhc lIITER-CLASS! t a,.. uttl \lutntcnanc( ln.rtruLtionr as qell as theexclusions b€lo$
t:rcrpr as 5rared ir r imikrion! and Er..rrrion.:b?il*1l,ilfJlll",io, una..,r,i, *arr,nq $i, be ro suppry rh€INTER-GLASS, mareriol lu Derforln an1, needcd Wanamy worl fo. a tcrm of TwenD Five lears liom thedal€ of installation fo. no sdditional charge
LIMITATIONS AND DXCLUSIONSIhis *aranD apphcs as ton* as rhe. vcssrl ,.-"in. ,t r.ir--f U, io,i,ilna tntacr. full of warer, qirh.ti,nctioning hldroshric rElief prus (s).. and off-season crosing i*i""J-,a,1 rcvcrs according lo Apspguidelines (nor requircd for commirciarl segmenred-bu;rr p{ro["ti'iffiii..ir"i*d caur]cd erps.sioDor controljoinrs and a desisned underground drainage bed ,p..i"rr1 iuiiiiJ
"iirinarc hydrostatic p*ssurc$hen the p<xll is emp$. or Doots buitr alow era_ae ). flis *"""illo., ;;; ;;;, .n!. dsmrgc rh.r may occurbecause of: r) An] repairs. aherorions. or rnodificarions n"d" h):p;;;;;;;rics o$cr $an Mid-AmcricEPool Renovarion. Inc..2) Cunins. ,rinding. remo\,al o, a;r,',-Jirl_ J""r:*iion otth. INTER_.LASSOihsraltarion .]) An\ abuscs whario,e-r.* r""ia;ie. u;i"", ii;';il;.;":'i#;il,
"ribcrarc
acts. o, abusi'eusr of (he,nicats. 3r t.oss of *arer rhr.ugh ptumiing or recircrl;,;;;;;;;;"" equipmcnr or tirurcs nddirc.r)' essociared $ ilh or direcrr\ ass,rciared rvirh ric r*in-cllsiolr.atto sr,.rac": l; namagc r., *epool surhce caused b]. bur nor limrled to..ranaatism. floods. ground;;; ;;;;. ", e.."surc ,€sutiint ftomclosing or prugging ofT rh€ hvdro-sraric .etier ."r, e. ui.iinrn!. .-p.rrr"" i', Ij"rrg of soir. 5| Draining drepool lor knger than 5 dals $hhoul norice to the Munrfu"tr...i; unjiinnt-url-., u.r, orCna or occu'cnceslhanhe Manufacturer or tnsuller cannol conrml * *.,"i"'Jfi * "^p"lr"jio *'"ur" ,o
"orr.nrWARRANTY TRANSTER PNOCEDLRESThis rrarrann is hercb-r issued to thc oerion-or pcrsons oamed atr()ve. and is tiamfeiahre onry upon a r ainenrequest Ihe euarificarions for a w ranr)' r'ransGr to a "",r ;,r;; ,;;d;;e. t) An on-sire irspecrionprior to salc complaion. 2) A.
"iflen
repon affcr inspcc{ion. lf f f"iai"s.r;, ;" ,xTER-CLAS'@ Ca.e &Maimenahre Insrrucrions..a copy of rhc i imired-wa;r). _l ,i,.'iii.? p.ii;i.,r repons on the pool ro thcncu owmr, aod 4) obtaining sipnarurt receipr of such matcrials fi",n ifr" ,["'or,n", Ilrc fce for a WaranrlIran.fer is $S([) 0rl
NOTIFI( ATIO\ . XrF P I IIIS WARRANT}lr the clmt of an) claim uder this warram). norification ,r"i t. ,.ni * ".i,lrg *(hin len ( 10.) dar-s of $eobsrrlarioo o{ a leak or cracl occurring rriro,gh rhc ir.t"rta'rr,rii.n-ciit'Ec surfacc. A copl ofrhcoriginol.s€lc\ &rnrpa.r and a (op-\ ofthis \.arra ] nra_r ac(ontpan) fie claim l,.nol norificd as $atc{ aodlorth€ n(\'l rs drained or ernpried prrrrr ro a, inrp..iion b1 rr" r,r-rf";; i rioi, uno", rt i. r\ a*anr\ ma!he denied $llh no tirrther resFrnsibilrl\ hr the t\4anufacrurer for rhar (.laim
__ . who is the original
shrinkage crackin& tcaring.
srrfaca. sutlject to follou.inc
condilions. limitations and
\orificarion shall be sent k,
\,lid-Americs pool Rcnowtior_ lnc.
5929 E. 1546 l errace
Grandlieu. M() 6tO30
Insrallalion l)arc
Warrant_r Nalnrbcr:
lssued I oL
EXHIBIT B
( I N S U RAN CE RE9UIREMENT S)
Certificates of Insurance shall be presented to the \tillage upon execution of thjs contract and rendor shall notcommence work until it provides and reoeives acceptance of insurance certficatEs from the village as required bvthis exhibrt.
Each ontractor performing any work pursuant to a contract with the Village of Oak Brook and each permitteeuorking under a permlt as requi.red pursuant to the provisions ofTitle I of Chapter 8 ofthe Code of Ordilnces ofthe Village of Oak Brook (hereinafter referred to as "lnsured") shall be required to ""."y ",r"i in"ii."rr.u ""specified herein. Such cpntractor and permittee shalJ procure and majntarn for the d..ration of the contract orpermil inaurance against claims f,o1 injuries to persons or daoages to property wfuch may arise from or inconnection with the pedormance of thc rvork under the contract or permit, eitier Ly the contractor, per-itte", o"their agents, r.epresentatives, emplo!,eee or submntracl.ors.
A contractor or permittee shall maintain insurance $,ith limile no less than:
,\. Genelal Liabilitl - $2.000.000 combined single limit per occurren.€ for bodily injury. personal inyuD, andproperty dsmage;
B. Automobile Liability (if applicable) - $ t.000.00o corubined single tiDit per accident for bodill injury andproperty daEage;
C. Worker'e Compensation and Employer's Liabilitl'- Worker's Corrpensation limitr as required by the Labor(lode of the State of nlinois and Employer,s Liabrhty li.its of $1,000,000 per accident.
Any deductibles or self-insu.red retention must be declared to and approved by the Vrllage. At the option of thevillage either the insurer shall reduce or eliminate such deductible or sedinsued retntion a" i"p".t" tr,"village its oficers. ofricials, employees and volunieers; or the Insured shall procure , bonJ guai"nt".rrrgpayment of losses and related investrgatrons, clarm administration and defense expenees ro the eiteit of suchdeductible ol self.insured retention
The policies shall contarn. or be endorsed to cpntain, the following provisions:
D. General Liability and Automobile l,rabrlity Coverage -
(l)The Vllage, its offcers' officials, employees and volunteers are to be covered as additional insureds asrtspects: liabilitv arising,out of activities performed by or on behalf of th" t l6ililft! o.,"nod,occupied or used by the lnsured. The coverage ehall contain no special timitations on the scope ofprotectron afforded to the Village, its o$rcers. officials. emplol.ees, volunteers, or agents.
(2)The Insured's insu.rancr cot,erage shall be primary insurance as respect€ tl.reofficials employees. volunteers and agenls. Any insurance or self.rnsurance
\:iJlage, its olfrcers,
maintained by the
rn excess of the lnsured'sVillage, its officels. offrcials, enrployees, volunteers or agents shall be
rnsurance and shall not contribute wrth it.
(3)Any failure io complv rvith relporting provisione of the policiee shall not affect coverage provided to the!'illage, it€ omcers, officials, employees, volunteer8 or agents.
(4)The Insured's insurance shall apply separately to each covered party agairst whom claim is made orsuit is broughr exctpt \!ith rcspcct to tbe limits ofthe insurer,e liability.
Fl Worker's Compensation and t)mployer,s Liabi)itv Coverage
The poLcl shall waive all.rights of subrogation agaiDst the Village, rts offic€rs. ofticrals employeee.[olunteers and agenis tbr losses arrsing from rvork per.lbrmed by the insured for the Village. '
Each rnsurance pohca shall be endorsed kr stat€ that coverage shall not be suspended. voided. canceled bv eitherparty' reduced in mverage or in liEits except after thirty (30) days prior written notice by certified mail hae
been g:ven to the Village. Each insurance policy shall name the Village. its officers. officials and employees,
volunteers and agents as additional Insureds. lnsurance is to be placed with insurers with a Best,s ratingofno
less than A: \l L
Each lnsured shall furnish the Village with certificates of inourance and with original endorsements elTecting
coverage requrred by this Provision. The certificate and endorsements for each insurance policy are tl be signed
by a person authorized by that insurer t bind coverage on its behalf The ctrtificates and endorsements are to
be on forms approved by the Villagc and shall be subject to approval by the Village .Attorney before work
commeDcea. The tr'illage reserves the right to require complete. certified copies ofall required insurance pobcics,
at any time
Each insured shall include all subclntractors as insureds under its policies or shaD furnish separate certficates
and endorsements for each subconl.ractor. A.ll mvcrages for subcutract rs shall be subject to all of the
requiresrentrs stated herein.
丁HE AMERICAN INSTITUTE OF ARCHi丁 ECTS
Bond No 90173352
ハ′ハ Docamer7rハ 372
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Mid-America Pool Renovation, lnc.
5929 E. 154th Terrace
Grandview MO 64030
OWNER (Name and Address):
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, lL 60523
CONSTRUCTION CONTRACT
Date:
Amount:$1,048,975 00 0ne Million Forty Eighttthousand Nine Hundred Seventy Five Do∥ars and 00/100
Description(Name and Location〉 Oak Brook Bath&Tennis Pool Renovation Prolect
BOND
R鮨 鮮鵠欄,鋼 ″耐常Lttr酬 乱ItThousand MneHundЮ dSevemyttveDollttand00/400
Modifications to this Bond:
CONに RACTOR AS PRINCIPAL
COlpa喘 ″ (COrporate Seaり
Md―A―a Pool Renovalon,inc
SURETY (Name and Principal Place of Business):
The Guarantee Company of North America USA
One Towne Square, Suite 1470
Southfield, Ml 48076
SU
Com
(Any additional signatures appear on page 3)
rFOR′NFORMnTroAr ONLY‐Name,ハ ddress and relepヵ οηりAGENT orBROKER:
Truss
9200 Ward Parkway,Suite 500
Kansas Cly,M064114
816-708¨4600
OWNER'S REPRESENttATIVE“赫 ct Engineeror ofher
pa")′
AIA DOCuMENT A312● PERFORMANCE BOND AND PAYMENT 80ND o DECEMBER 1984 ED o AIA ①
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N VV,WASHINGTON,D C 20006
TH:RD PR:NTING o MARCH 1987
A312Ⅲ1984
1 The Contractor and the Surety, ioinlly and severally,
bind themselves, thek helrs, executors, administrators,
successors and assigns to th€ Owner for thB porfolmance
of the Construction Contracl, which is incorporaied herein
by reference.
2 lf ths Contractor performs the Conslruction Conlract,
the Surety and lhe Contractor shall have no obligatlon
under this Bond, oxcept to participate in conferences as
provid€d in Subparagraph 3.1.
3 lf thero is no Owner Detault, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notiried the Conlractor and the
Surety at its address described in Paragraph 10 bolow
that lhe Owner is considoring declaring a conlractor
Default and has requeslod and attempted lo arrang€ a
conference with the Contractor and th€ Surety lo be
held not later than fifleen days after rec€ipt of such
notice lo discuss mBthods of performing tho
Conslruction Conkact. l, the Owner, the Contraclor
and tho Surety agree, the Contractor shall be allowed a
reasonable time lo perform the Construction Contract,
but such an agreement shall not waive lhe Owne/s
right, if any, subsequently lo declare a Contraclor
Dsfault; and
3.2 The Owner has declared a Contractor Default and
formally terminaied the Conlracto/s right to complete
the contracl. Such Conlractor Default shall not be
declared earlier than twenty days after lhe Contraclor
and the Surety have rec8ived notics as provided in
Subparagraph 3.1;and
3.3 The Owner has agreed to pay th€ Balance ol lhs
Contract Price to the Surety in accordance with ths
terms of the Conslruciion Contrdct or to a contractor
selected to perform the Construction Conlract in
accordance with lhe terms of th6 conlract Mth lhe
Owner.
4 When the Owner has satislied the condilions of
Paragraph 3, the Surety shall promptly and at the Suretfs
expense take one ofthe lollowing actions:
4.1 Arrange for the Conlractor, with consent of the
Owner, to perform and complete the Construction
Conlract: or
4.2 Undertake to perform and complete the
Construction Cor ract itself, through its sgenls or
through independent contractorsi or
4.3 Obtain bids or negotiated proposals trom quall,l€d
confactors acceptable to the Owner for a contract for
performance and completion of ihe Conslruclion
Contracl, arrange for a contract lo be prepared for
execution by the Owner and ths contractor sslecied
with the Owner's concurrsnce, to bs secured wilh
performance and paymeni bonds executed by a
qualilied surety equlvalent to ths bonds issued on th€
Construction Contract, and pay to lhe Owner lhe
amount of damages as described in Paragraph 6 in
excess of lhe Balance of the Contracl Prics incurred by
the Owner resulting from the Conlractois default; or
4.4 Waive ils right to perform and complete, anange
for completion, or oblain a new contractor and with
reasonable dromplness under the circumslanc,es:
.'t Afier investigation, delermine the amount br
which it may be liable to ths Owner and, as
soon as practi@ble atter the amount is
determined, lender payment thelBfor lo lho
Owne[ or
,2 Deny liability in whole or ln part and nolit the
Owner citing reasons therofor.
5 lf tho Sur€ty does not proceed as provlded in
Paragraph 4 with reasonable promptness, the Surety shall
be deemed to be in default on lhis Bond frfleen days after
receipl of an additionalwrilten notics from lhe Ownerlo the
Surety demanding that the Surety perform its obligations
under this Bond, and lhe Owner shall be enlitled to enforce
any remedy available to the qrvner. lf the surety proceeds
as provided in Subparagraph 4.4, and ihe Owner retuses
lhe payment tendered or the Sursty has denied liability, in
whole or in part. wilhoul further notice tho Owner shall bs
entitled to enforce any remedy available to the Owner.
6 Afler the Owner has terminated lhe conkacto/s right lo
complete th8 Construction Contract, and if lhs Surety
elects to 8ct under Subparagraph 4.1,4.2, ot 4.3 abovs,
lhen the responsibilities of lhe SurBty to the Owner shall
nol be greater lhan those of the Conlractor under the
Conslructlon Contract, and the responsibiljlios of the
Owner to tho Surety shall not bB greater than those of the
Owner under lhe Construclion Contrasl. To the limit of the
amount of ihls Bond, bul sublect to commitmonl by the
Owner of ihe Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated withoul duplication fon
6.1 The responsibilities of the Conlraclor fot
conection of defective lyork and completion of lhe
Construction Confad;
6.2 Additional legal, design professional and delay
costs resulting from lhe Contracto/s Dofault, and
resulting from lhe aclions or fallure to act oflhe Surety
under Paragraph 4; and
6.3 Uquidated damages, or if no liquldated damages
aIg speclfled in the Conslruction Conlraot, aclual
damages caused by delayed performance oI non-
perfomance of the Contractor.
7 The Surety shall not be llable to the Owner or olhers for
obligations of lhe Contrartor that are unretated to the
Construction Conlract, and the Balance ot the Contract
Price shall not be reduced or sst off on account of any
such unrelated obligalions. No right of actlon shall accrue
on this Bond to any peGon or entity other than the Owner
or ils heirs, exocutors, adminislrators or successors,
8 The Surety. hereby waives notice ot eny change,
including changes ot time, to the Construction Contract orto related subcontracts, purchase orders and olher
obligations.
I Any proceedlng, legal or squilable, under this Bond
may be instituted in any court of competent jurisdiction in
lhe locatlon in whlch lhe work or part of the wo* is located
AIA DOCullENT A312●PERFORMANCE BOND AND PAYMENT 00Nζ )。DECEMBER 1984 ED oAIA0
THE AMERlCAN INST「uTE OF ARCHlTECTS.1735 NEW YORK AVEⅢ N W,WASHINGTON.OC加 000
THIRD PRIN￢NC o MARCH 1987
A312‐1984
and shall b6 instiluted within two years afler Contractor
Default or within two years afler lhe Contractor ceased
working or within two ysars afler the Surety refuses or fails
lo perform its obligatlons under this Bond, whichever
occurs lirst. lf the provislons of this Paragraph are void rrr
prohlbited by law, the minimum period of limitatlon
available to sureiies as a defense in the iurisdiclion ol lhe
suit shall be applicablo.
t0 Notlce to the Surety, the Owner or tho Contraclor shall
be mailed or delivered to lhe address shown on lhs
slgnaiure page.
1l When this Bond has been fumishod to comply wilh a
statutory or other legal requlrement in tho loc€tion wrrers
the conslruction was to be performed, any provision in lhis
Bond conflicting wilh sald statutory or legal r€quir€ment
shall be deemod deleted herefrom and provisions
conforming to such slatulory or olher legal requirement
shall be deemed incorporated hereio. The intenl lE that
lhis Bond shall be construed as a statutory bond and not
as a common law bond.
12 DEFINITIONS
12.1 Balanc€ of the Contract Pdc€: Thg total
amount payable by tha Owner to ths ConlEctor und€r
the Construc:tion Contract aner all proper adjustments
MODIFICANONS TO THIS BOND ARE AS FOLLOWS:
CONTRACTOR AS PRINC:PALCompany: (cOrpo餡 te Sea)
Signature:
Name and Title:
Address:
have boen made, lncludlng allowance lo lhs
contractor of any amounls recoived or to be received
by lhe Owner in settlement of lnsurance ot other
claims for damages to which the Contractor ls entilled,
reduced by all valid and proper paymenls made to or
on behalf of ihe Contraclor under the Conslluction
Conlract.
12.2 Construction Contracl The agreemBnt betwen
the Ovvner and lhe contractor identlri€d on the
slgnature page, lncluding all Contrast Documents and
changes ihereto.
12.3 Contractor Default Fallure of the Contractor,
which has nelther been rBmedied nor waived, lo
perform or otherwiss to comply with the terms of tho
Construction Conlract.
12.4 Owner Defaull: Failure of the Owner, whlch has
nelther been remedied nor waived, lo pay th6
Cgnt[aclor as required by the Construction Contracl or
to perform and complete or comply with the other
terms thereol
(Space is provided below for additional signalures of added parties, other lhan lhose app€aring on lhe cover page.)
SuRETY
Companr
Signafure:
(COrporate Seaり
Name and Title:
Address:
Aい 00CumENT A312●PERFORMANCに BONDANO PAYMENT日 ONO●0ピ OEMBER 1004 EO oAい0
THE AMERICANINSllTm oF ARCHttCT,17●5 NEW YORK AVE,NM′.WASHINGTON,OC 2●00●
THlRO PRINTINO・ MARCH 1987
A312‐1984
The Cuarantee Company of North America USA
Southtteld,Michigan
POWER OF ATTORNEY
NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Kelly R. Watson, Sandra Burnett, Chandler H. Cullor, Linda S. Reynolds, Mark E. Gardner
Truss, LLC
its true and lavvful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and otherwritings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise,
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COITIPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
ofiice.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article lX, Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"tday of December, 2003.
The President, or any Vice President, acting with any Secretary or Asisistant Secretary, shall have power and authority:
1 . To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and olher writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. ln 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. lt 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.
4. ln 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 Common\,r€alth of Kentucky at least thirty (30) days prior to the modification or revocalion.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized ofiicer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
tN WTTNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
ils corporate seal to be affixed by its authorized officer, this 1st day of March, 2018.
THE GUARANT AMERICA USA
STATE OF M!CH:GAN Stephen C.Ruschak,President&Chief Operating Officer
County of Oak:and
On this 1st day of March, 2018 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said
Company.
Cynめ ねハ Taka′
NOra″Pめ ″Q stare O「MIcヵ Jgan
COunty Or Oakrar7d
My Commissわ ″fxpires Feb″●′γ2乙 2024
■
“
わghO●kl●●ごGo●"fy
|,Randall Musselman,Secretary ofTHE GUARANTEE COMPANY C)F NORTH AMER:CA USA,do hereby certify thatthe above and foref,oing is a true
and correctcopy ofa Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERiCA USA,which is su:lin fu∥force and effect
IN VVITNESS VVHEREOF,l have hereunto set my hand at The Guarantee
Company of North Amerlca USA o輌 ces the day and year above written
IN WITNESS VVHEREOF,l have thereunto set my hand and attached the seal of said Company this day of
Randall Musselman, Secretary
.2019
THE AMERICAN INS丁 1丁 UttE OF ARCHITECTS
Bond No 90173352
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
スИ Docυmenfハ 372
CONTRACTOR (Name and Address):
Mid-America Pool Renovation, lnc.
5929 E. 154th Terrace
Grandview MO 64030
SURETY (Name and Principal Place of Business):
The Guarantee Company of North America USA
One Towne Square, Suite 1470
Southfield, Ml 48076
OWNER (Name and Address):
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, lL 60523
CONSTRUCTION CONTRACT
Date:
Amount: $1,048,975.00 One Million Forty Eight Thousand Nine Hundred Seventy Five Dollars and 00/100
Description (Name and Location): Oak Brook Bath & Tennis Pool Renovation Project
BOND
Date (Not earlier than Construction Contract Date):
Amount: $1,048,975.00 One Million Forty Eight Thousand Nine Hundred Seventy Five Dollars and 00/100
Modifications to this Bond:
CONTRACTOR AS PR!NC:PAL
Colη pany: (COrporate Sea:)
(Any additional signatures appear on page 6)
SU
Com
rFOR rrVFORAttTroⅣ oNLY‐Na“,ハ ddress and relepヵ οηりAGENT orBROKER:
Truss
9200 Ward Parkway,Suite 500
Kansas Cty,M064114
816-708-4600
OWNER'S REPRESENttATIVE“κ″re軋 断9ゎ 。。「ο「οめer
pa時),
A:A DOCuMENT A312 o PERFORMANCE BOND AND PAYMENT BOND o DECEMBER 1984 ED o AIA 0
THE AMERICAN INSTITUTE OF ARCH!TECTS,1735 NEW YORK AVE,NW,WASHINGTON,D C 20006
TH:RD PRINTING o MARCH 1987
A312‐1984
The
I The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, adminislrators,
successors and assigns to lhe Owner to pay for labor,
materials and equipmont fumished for use in the
performance o, the Construction Contract, which is
incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Conlractor:
2.1 Promptly makes payment, directly or indirecuy, for
allsums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner trom claims, demands, liens or suits by any
person or entiiy whose claim, demand, lien or suit is lor
the paymenl for labor, materials or equipment furnished
for use in the performance of the Construction Contract,
provided the Owner has promptly notified the
Contraclor and the Surety (at the address described in
Paragraph '12) ol any claims, demands, liens or suits
and tendered def€nse of such claims, demands, liens
or suits to lhe Contractor and the Surety, and provided
there is no Owner Default.
3 With rosp€ct to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment,
directly or indirectly, for all sums due.
4. The Surety shall have no obligatlon to Claimants under
this Eond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or noiice thereof, to lhe Owner, stating that
a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.1 Have furnished written notice to the Contraclor
and s€nt a copy, or notice thereof, to the
Owner, within 90 days afrer having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
,2 Havo either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication ftom the Conlractor by which
the contractor has indicated the claim will be
paid directly or indirectly; and
,3 Not having been paid wilhin the above 30
days, have sent a written notice to the Surety
(at the address describod in Paragraph 12)
and sent a copy, or notice thereof, to the
Owner, stating thal a claim is being made
under this Bond and enclosing a copy of the
previous written notice fumished lo the
Contractor.
5 lf a notice required by Paragraph 4 is given by the
Owner to the Conlraclor or to the Surely, that is sufficient
compliance.
6 When the Claimanl has satisned the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the Claimant, with a copy lo the
Owner, wilhin 45 days afrer receipt of the claim, stating
the amounls that are undisputed and the basis for
challanging any amounts that are disputed.
6.2 Pay u arrange ior payment of any undisputed
amounts.
7 The Surety's total obligation shall not excesd the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good fa,th by the
Surety.
8 Amounts owed by the Owner to the Conlractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, iI any, under
any Construction Performance Bond. By the Contractor
fumishing and the olmer accepting this Bond, they agree
that all funds eamed by the Contractor in the performance of
tho Construction Contract are dedicated to satisfy
obligations of lhe Contractor and the Surety under this
Bond, subject to the Owner's priority to use the funds for the
complelion of the work.
I The Surety shall not be lisble to the Owner, Claimants or
others for obligations of the Contractor that are unrelated to
lhe Conslruction Contract. The Owner shall not be liable for
payment of any costs or exp€nsgs of any Claimant under
this Bond, and shall have under this Bond no obligations to
make payments to, give noticas on bshalf of, or otheMise
have obligations to Claimants under this Bond.
l0 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.
1l No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent
jurisdiction in the location in which the work or part of the
work is loceted or after th€ expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, ot (2\ on which the last
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. lf
the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties as
a defense in the iurisdiction 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
signature page. Actual receipt ot notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address
shown on lhe signature page.
13 When this Bond has been furnished to comply with a
staiutory or other legal requirement in the location where the
construction was lo be pertormed, any pmvision in this Bond
ハlA DOCullENT A312●PERFORl.lANCE BOND AND PAYMENT BOND●OECEMBER,984 ED・ AIA 0
THE AMER!CANINSTlTUTE OF ARCH「ECTS,1715 NEW YORK AVE,NW,ヽ VASHlNGTON O C 21X 06
THIRD PR!NT,NG o MARCH 1987
A312‐1984
conflicling with said statutory or legal requirement shall be
deemed deleled hereftom and provisions conforming to
such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that lhis Bond shall be
construed as a slatutory bond and not as a common law
bond,
{4 Upon request by any person or enlity appBaring to be a
potential benenciary of this Bond, the Cootraclor shall
promptly tumish a copy of this Bond or shall permit a copy
to be made.
,I5 DEFINITIONS
15.1 Claimant An lndividual or entity having a dkect
contracl with ths Contractor or with a subcontraclor of
the Contractor to furnish labor, materials or equipment
for use ln the performance of the Conlracl. The intent
of this Bond shall b6 to include without limitation in the
lerms'labor, materials or equipment'that part of
water, gas. power, lighl, heat, oil, gasolino, telephone
CONTRACTOR AS PRINCIPAL
Company: (cOrporate Seal)
Signature:
Name and Title:
Address:
sewice or rental equipment uged in the Construction
Contract, architeclural and engineering services
required for performance of the work of the Contractor
and the Conlractofs subconlractors, and all olher
Items lor which a mechanic's lien may be assened in
tho iurisdiction where the labor, materials or
6qulpment wero lumished.
15.2 construction Contract: Ths agreemenl
between the Owner and the Contractor identified on
the signature page, including all Conlract Documsnts
and changes thereto.
15,3 Owner Default: Failure ofthe Owner, which has
nellhor bsen remedied nor waived, to pay ths
Contractor as requir€d by the Constructlon Conlract or
to perform and complele or comply wlth the other
terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Paragraph 6 above is deleted in its entirety and the following is substituted ln ils place:
6. Whon tho Claimant has salislied ths conditions of Paragraph 4, and has submitted all supporting documentation and any
proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notifi/ the Claimant of the amounls that
are undispuled and the basis for challenging any amounts thal are disputed, including, but not limited to, the tack of
subslanliating documentation lo support ths claim as to entitlemsnt or amount, and the Surety shall, with reasonable
promptness, pay or make arrangemenls for paymont of any undisputed amounl; provided, however, that ths failure of the
Surety to timely discharge its obligatlons under lhis paragraph or to dispirte or identifi/ any specilic defense lo all or any part of
a claim shall not be deemed lo be an admission of liability by the Surety as to such claim or otherwise mnstitute a waiver of lh6
Contracto/s or Surety's defenses to, or right lo dispute, such claim. Rather, th€ Claimant shall have ths immediate righl,
without furthernotice, to bring suit againsl the Surety to enforce any remedy available to it under this Bond.
(Space is provided below fot addilional signalures of added parties. other than those appearing on th6 cover page.)
SURETY
Company:
Signature:
(corporate Seal)
Name and Title:
Address:
AIA pOcumENTA312●PERFORMANCE BOND AND PAVMENT BOND●OECCMBER 1984 ED o AIA 0
THE AMERICAN!NSTlTuTE OF ARCHrECTS.1716 NEWYORKAVE.NW.IVASHINCFON,ウ 020000
THIRD PRI嗜 ING o MARCH 1987
A312‐1984
GUARANTEE°The Guarantee Company of North America uSA
Southtteid,Michigan
POWER OF ATTORNEY
NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AI,IERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Kelly R. Watson, Sandra Burnett, Chandler H. Cullor, Linda S. Reynolds, Mark E. Gardner
Truss, LLC
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and otherwritings obligatory in the nature thereof, lvhich are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otheMise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as if the same had been duly executed and ackno\,vledged by its regularly elected ofiicers at the principal
office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article lX, Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"tday of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
'1 . To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Atlorney-in-fact and revoke the authority given, except as provided below
3. ln 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. lt 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.4. ln 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.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011 , of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal wien so used shall have the same force and effect as though manually afflxed.
IN VVITNESS Vヽ ノHEREOF,THE GUARANTEE COMPANY OF NORTH AMER:CA uSA has caused this instrumentto be signed and
its corpOrate sealto be amxed by its authorized omcer,this lst day of March,2018
THE GUARANTEE COMPANY OF NORTH AMERiCA USA
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer
County of Oakland
On this 1st day of March, 20'18 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said
Company.
|,Randa∥Musselman,Secretary ofTHE GUARANTEE COMPANY OF NORTH AMER:CA USA,do hereby certify thatthe above and foregoing is a true
and correctcopy ofa PowerofAttorney executed by THE GUARANTEE COMPANY OF NORTH AMER:CA uSA,which is st∥lin fu∥force and effect
lN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of
lN WiTNESS WHEREOF,l have hereunto set my hanO at The Guarantee
Company of North Amenca usA o価 written
Cy17納 ねハ raka′
Aroraγ Pυゎ″Q Sfare ο「MIc力 Jga″
COur7ty OF Oakrard
My Commissわ rl[rρires Febr●●ry 2み 2024
■cthgわ 0●k:ond 6o″″ty
Randall Musselman, Secretary
,2019