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MUSKEGON West Michigan's Shoreline City CITY OF MUSKEGON CITY HALL OFFICE REMODEL - SECOND FLOOR CONTRACT Department ofPublic Works Public Services Building 1350 E. Keating, Muskegon 49442 PART 1 - BID PROPOSAL 1461 Evanston Avenue, Musl{egon, Ml 49442 231-777-2681 o Fax 231-777-2506 PROPOSAL August JS, 2023 Jamie Pesch City of Muskegon Re: Muskegon City Hall Office Remodel 933 Terrace St Second Floor Muskegon, Ml 49443 The undersigned proposes to furnish all materials and perform all labor necessary to complete the following: Price includes furnishing all labor, material, equipment, safety aids, insurance's and clean up required to complete the project which includes the following; o Selective demolition per plans o Framing of new walls, Dry wall and Acoustical ceilings per plan o New electrical outlets and lighting per plan o New HVAC supplies and returns o Two new mini split systems o Ten new doors, frames & hardware o Prime all new dry wall, painting all new dry wall and existing in the designated areas o New carpeting and base in all designated areas o Caulking of required areas o 35· new blinds from "Just Blinds" o Proposed time line: 9-l2-23 thru l2-l1-23, pending award time line, material lead times, permitting process and acceptance of plans and spec's for HVAC and Electrical o Pricing based on limited plans and specifications Excluded: All of the above work to be completed in a substantial and workmanlike manner. Total this Proposal: ($247,234.00) Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned In this contract. All agreements must be made in writing. The Contractor agrees to carry Worker's Compensation and Public Liability Insurance, also to pay all Sales Taxes, FICA Taxes and Unemployment Compensation Taxes upon the material and labor furnished under this contract, as required by the United States Government and the State in which this work ls performed. This proposal Is subject to your acceptance within 30 days. Steven M. Null, Project Manager snull@tridonn.com ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which the undersigned agrees to pay the a aunt mentioned in said proposal, and according to the terms thereof. ~ ·~ / (Signature) S, (Printed Name) 2 ll)oc1U1melllt A310 TM - 2010 Conrormu with Tho Amorloun lnslltuto of Arohltooto AIA Dooumont 310 Bid Bond CONTRACTOR: SURETY: (Name, legal Slal11s and "'ldresJ) (Namu, legal s/a/11s anrl /llillclJIIII 11/uc/J 11flim/11e.~9 United Fire & Casualty Company Trldonn Construction Company PO Box 73909 This documonl hos lmporlonl 1461 Evanston Avenue Cedar Rapids, IA 52407 loool conGoquonooo. Consullallon Musl(egon, Ml 49442 Mnllht(J Addross for Nollcos with on 11tlornoy lo oncournood wllh rospocl to lW complollon or OWNEI~: modlllcnllon, (Nam~, ldg(I/ s/tt/11s ttnd adclitwJ Any slnoulnr roloronco to City of Musl<egon Oontroctor, Suroly, Ownor or olhor party shall bo conoldorod 933 Terrace Street plurnl whoro oppllooblo, Muskegon, Ml 49440 BOND AMOUNT: 6% Five Percent of Amount Biel PROJECT: (Namu, local/on or add,ws. mull1roJuc/ 1111111bu1: I/011;~ City Hall Remodel Tho Confrnolor and Snroty llro bound 10 tho Ownor In tho n11101111t sot forth above, for tho 1>-wmo111 ofwhloh tho Contraotor nnd Suroty bind thomsol\oos, lholr holrs, oxco111ors, ndmlnts1rntors, auccossors ond osslons,Jolntly ond sovcrolly, 119 provided horcln. Tho condlttons of this Bond nro suoh thnt If tho Ownor noocpts the bid of tho ContrMlor within tho 111110 specified In tho bid documonts, or within such 111110 period as mny bo oorccd to t,y tho Ownor nnd Conlrn01or, n11d tho Contrnotor ollhor(I) e1110rs 11110 o con1rao1 with tho Ow11or 111 nccordnnoo wllh tho 1011110 of £Uch bid, nud olvos suoh bond or bonds M111ny bo spcolllcd In tho IJ)ddino or Conlrnct Uooumcnls, with nsuroly ndllllllcd In thojurlsdiollon of tho t>ro,(eot 1111d olho1wiso occoptnblo lo tho Ownor, for tho foltht\rl t>orformoneo ofauolr Conlrool nnd for tho 1iro111pl pnymonl oflnbor nnd mntorlnt l\1111l shod 111 tho prosoc111lon thcrool} or (2) 11nyo to tho Owner tho dlftbrcnco, 1101 to oiiceod tho nlllo11111 of thio IJond, bolwcon lho nll101t11t sp<:olfic,1 In S11ld t,)d nud znoh lorscr nlllollnl for whloh lho 011'normay In good fnllh con Imel with nnollm 11orly lo J)O!lhnn lho wnr~ co,•urud by ~uhl hhl, thun thl~ ohllg111l1111 ~lmll Im 111111111111 ,•old, othurwlsu ltl rvmuhi In 1\1ll lhrcu uml ul)but, Thu Surely huruby wnlvo~ 111,y nutluu 111'111111ureomu11I hulwuun tlru O\\~iur 1111tl Cnnlmulnr In uxlond lhu llmu In which the Ownurmuy 11ccupl thu hid, Wull•or 01'11111icu hy tho Snruly Hhull 11111 u1111ly 111 ,my u111011Hlt1n oxucutll1111 Hixly (60) duvH in lhu UD1Jro11u10 huyuntl lhu tlmu 1hr u~ccpluncu nl' hldu «puclllud In lhu hid d11uumu11IH, 11ml lhu Ownur 1111d Cnntrualur Hhnll obtnf II lhu Surol}'H umisunt l\1run uxlu1rnl1111 huymul HIXIY (60) dU)'II, If this Bond la lss11cd in conncolion with n 011bco111molor's bid lo n Coutrnctor, tho lonn Contrnclor in this Bond shnll bo doomed lo bo Suboonlrootor nnd tho 1om1 Own or ahnll bo doornod lo bo Conlrnotor, Wlron this Tiund hns buun l\1rnl11h~tl 1111:1111111ty with II n1u1111ory 111·11thur lunut ,u1111lrumu11I In 1h11luu111i1111111'\lu, P,oj~ol,_1111y ln\lyjs),!ti h1 thin nnnd uunl1lu1l1111 wllh 11uhl i;lulutnl')' or lugal ru11ull\lmun1 Hhull hu dcomud tlolulod hurul\mn mu! 11r1wlul111lH u1111l1111nl111J It> nuuh · Htnlulnl')' or other )cgul rc1111lrumu111 Hl111ll ho tluumc<l h1u111J111mtud huruln. \Vhun HU li1mlHhud1 tho lnlunl IH 111111 thh1 n·,111.ll lilmll liu c1111~lrnctl 1111 u x1111ut11ry b11111I mul 11111 urn eunmmn lnw lmutl. · : . Siunctl nnd sooted thlu 15th dn)' 01' August, 2023. Tr. ( 1'1/C~UI (S~nlJ sy: ?rd, cc...+ (ft1/a) United Fire & Casually Company (,\'uul) 8·0054/AS 8/10 um INSUHI\NCC UJ,ITF.n Fm 1: & C/\S\ I,\ l.TY COMPANY, C'l'.l>AH R/\Pll)S, Ii\ llt,nrn Fll,E & ll~nt:MNITV ('/JMP1\NY, \\'t:BSTr-:R, TX FINANCIAL 1'1\CIFI( INS\.IR,\NCE COlvtl'ANY, LOS AN<il'.l.l:S, CA CEl<TIFIFD l'Ol'Y OF l'O\\IF.1, OF ;\TTORNEY (nrif.tinal on Iii<' nl l lollle Offic<' oJ' Company-· Sec Cenili<'alinn) lt1qniritis: Sui-l'ly Ocp111·1111r111 I Ill iil'c<Jlld ,\n SE C~tl111· Rapids, 1,\ SI40 I 1~1\0\V Al.I. l'l:RSONS BY TIIESI~ Pl~t:sr:NTS, That Unite,! Fire & C11s1rnhy Company, n cm1inrn1ion duly org:mizc,1 nml existing t111dcr the law, of the St:ite oJ'lnwa; \ lnite1l Fire & Indemnity l'omp:111y, a rorpornlion duly nrgani~ed nml c,isling 11111kr th,: laws nl' the Sinlc oi'Tcxas; aml Fi1wncial Pacific lnsurnm:c <'<Hl!Jlllll)', "corp11rn1io11 duly org1111bcd 1111d c,isling unJcr the l11ws or the St.rte of California (herein rnll,·rtivdy called the C:0111p1111ies), an,I having their eorpornle hemlqunrk1~ in C'edor Rapids, Stt1lc or !own, dnes mal;c, constitute :111d nppoint DENNISE. SCULLY, BETH WALKER, DAN CUSENZA, SHANNON NYI-IUJS, LORI J\, t\IMG-CLVDE, JANJCE STICKLES, HEATHER BUONODONO, JOCELYN PETERSEN, EACH INDIVIDUALLY lln:ir lntc mHI lawful ,\llomcyrs)-in-F:rd with power mid au1hori1y hcrdiy conl',•1Te,I 10 sig11, xe:rl rn1d execute in ils bdrnlf nll lnwl'ul llmHl~, 1111tlcrlnl;i11gs iincl other oblignto1y i11~1rumc111, of similar 1i:iturc provided 1ha1110 si11gk oblig111ion ;.hall cxccc,I $30,000,000.00 and tn hi11<1 the Co111p~11ics thereby ns fully :md to 1hc ,amc cxtcm :i,; if ~11ch i11~1n11ne111, were sig1wd hy the duly authorized officer~ or the Compn11ics nml iii! of the n,t, of snit\ i\1wmcy, pursuant to Ille 11111\\01 it)· hcrchy g1vc11 n11d hereby nnilk,\ 11llll w111irmcd. ·1 he A111hority hereby granted shall expire !he 24th day of June, 2023 un 1 ess sooner revoked by l l11itccl Fire & Carnally Compn11y, l.111i1,·d Fire & l11de11111ity Company, nml Fimmci:rl 1'11dlk ln,ttr:n1cc C'omp:my. 'l11i, Power of A llorncy i, 111:ttlc nntl c,cc11lctl p11rs11:t11t lo 11110 hy muhnrity of the following bylaw July atlnplc<l by the llnard, of Dit\:ctms of\ lnilctl Fire & Casually Company,\ lnitcJ Fire & lmlcnmi1y Co111p1111y, and rinnncinl l'ndfic ln~1tra11ce Company. "J\t•llele \'T -- St11•,•fy llntHI, lllHl ltnd,•1•hthln~," s\'t!lh\n 2, .-'\p)'l\iulm~nl of 1\thll1l\'.') -in-r ,11.!I. "'I ht! Jl1 t!,idcnl t\l ,\lly Vkc Pt ('~it\~11(, t\f ,my ullhH onic\'.'r oi' lh\'.' C\\lll}l,\11}1!\ Ul,l}', from time lt\ timl\ 1\i\J\Oiol hy \\'lili~II t!Cl'lilit,)I,."., 11l11,111cyt•m•foc, 11, i\~l in hdt11I!' ,, f1ht L\·nnp,rnh:.\ in the c~\'.'l'lllinn nl' 1111\kic., ,,r im,ur,lll\!t! 1 hnHll\, lllhlcn.,kiug!-. 1HHl t\ll1t!r11hh£,\t"1y rn.\tmm~nt-;, o1'1iki! nitt111·c. ·1 hi! .,ig:n,111t1~ t 1 1" ,my ,,tTit,!I 1llllh1wi;,\ld hc1ch\'1 1\nd the C:Nj)Ol,'1\! ~\'ill, 1\)1\)' ht! ,,rnxt!tl h)· l',h:\imii~ I\\ t\1\)' IH\\\"Cr of ,tllonrny tll !-opt!d,1I tUl\\'M ol' 1llll\J1H!)" \\f ccnilie,,lion t,f-d1hc'r 1llllhor1ut1 ht!1chy: ~\I Ch ~igu,,ml'~ illld !-;Cit1, \\'h~n .,,, ll"t!t1, h~ing ,\dtlpl~d hy lh~ c,,mpauil!.\ .,~ th\! mi!1ilhtl .:..ign;tlltl'~ ol' Ml~h (\ffll!~r ~lh{ 1h~ origin;\l ~~111 {l r th~ c,,m1Hmi~,. In h~ \',\fol ,llHi hinthno lllhlll lh~ Ct\Jl\)'1ltlfo\ with lh~ !,,\I\\~ fil1~~ .,nt1 crrc.~1 1l~ 111,,,1gh t\\,\ll\11,lly 1\niX~\I. $nd, 1\IIOll\~)".\-ill• l',n::1, Sllhj~~, Ill the Hmi1i1th,11~ !\~{ t\f f,,1 th in th~il' ll!\p~di\ i:; t!~rliH\;',H~\ ,,f 11111hori1y ~h.,11 h;,,•c 1i1l1 lh'l\\'Cr It' hi1h.l th¢ CompMtir!.. hy 1hcir ~ign,\lUTl! ,\llll \!-XCCtllinn tlf ;,oy !i\h:h im,tn1111~n1r. imd to 1\H,1d1 1h~ !..C1\l thi.• L1l1\\}t,,11i~.'i. 1h~rc1t,. ·1 he Prl'•mlcnl or ,111V Vi~!! Prt!\hlt!1tl, th~ B,,;ml nl Dirt.1cli',n, tir ,111\' t,1h~r uftk~r nf 1hc Ct,mp,,nkf.. m,1y ,\I ,my tim~ fl!\'t\kl,;' ,,H Jhl\\'~r .,utl '"tthnii1y pr~,•inui;ly .[!1\'t:'11 It\ ,111\' ,1lll1111C)'·lll~f:ict. II\ \\'ITl'll·:Ss \\'Hl'.RJ•:OF, Ilic l.'OMPANll'S have ench mum! lhc,e presents to he si!_!ncd hy it~ vice president ond its corporntc sen! lo lw hereto nffocd this 24th day of June, 2021 l,~'\,,,,,~~W:~~.1f:fh~ ,,,~ UNITED Fllff & CASl.l/\1.TY COlvlPANY ~e ((JH<'llM,\11i ~i UNITED Fll(E & INDEtvlNITY CO!v[l'ANY ~} ~;;,_- 5j "❖:IJ1 \o~, ,,,,,,t:;:r,;%,,,,, ~,,. •1-f ,,,,,,~u,:,m.~,\~I,,,~ ny: D_;,,........,,_:.__r:r/J.__ r PlNllNClALPACIPICINSlJRANCECOlvlPANY /J. ~ ,I State of Iowa, Coun\y of Linn, ss: Vice l'rcsitlcnt On 24th day of June, 2021. befo1·e me personally came Dennis J. Richma11n tn rnc kn,l\\'11, whti hdng by 111c «Iii)• swom, did c!cpnsc nnd ,ny; thnt he rc,ick, in Cctlnr Rnpid,. S1111c of Iowa; that he i, a Vice Pr~.,itlcnt of United Fire & <:ns111tlly Ctllnpnny, a Vkc Pre.~i,lcnl ol' llnitcd Fire & lnde11111ity Compnny, :ru<l a \Ike Pre.~idclll of' Finnndal l'ncific h1~m:m~c Company the ~\ll)l<ll'lllion, described in nn,I which C:-il'Clllccl the ahovc i11,t111111e111; that he know~ the ~cal or ~aid co1vur,nio11$; 11!111 the seal uffixccl 10 the snitl ins1rnmc11l is such co1porale se:il; Iha! ii wns Stl affixed )l\lt's\Hmt to authmity giv,~n hy \he Bo:1nl oJ'l)iredors of Haili t·orpornlio11s nn,1 thnt he $ignccl hiH name lht•rclo purs11nn1 to like n1tthm'ity, mid ncknowkclgcs ~11me lo he the art t1ll<l deed 11fstthl coqmrn1ions. ~ JudiU1 A. Jones lowo Molarl•I Sen\ Commission number 173041 ~•l'uhlk My comn1\sslon l!xplws 4/23/202•1 My ~m11111ission expire,: -l/.2:l/202~ I. Mary A. lkt't,ch, J\ssislnnl Sccretuty <li'1.lnitcd Fire & Cnsunlly Cnmpnny nntl Assishmt Sccrc\my of United Fire & Indemnity Company, 1tnd ,\,sistm\l Secrclmy or Finandnl l'adl'ic lnsl11·1111cc,Co111pmw, (lo hereby ,c11ify that l haw com1rnrc,I the illl"<'!\L'ing copy of lhc l'o\\'cr of Auorncy m1<l nrfitlavil, 1111<1 lhl' cop); or the Sett ion of lhc bylaws and rcsohlli\)n, or said Ct)l)llll'lllions llS SCI forth in ~tlill \'owcr of /\11011\CY, With the OR !GIN/\ l..:'i ON Fl I.F IN Tl I I· 1101vll\ OFFICE OF Si\ ll) CORPOl\ATIONS, 11111\ Ihat the same arc c11rrerl lranscripl, thercol'. nml oi' the whole o J' the suid originals, 1t111l lh,tl the ,ni1l l'uwcr or i\llomc\' hits 1101 hec11 revoked and is 1\11\\' in fnll for,c und cffcd. In ·1<:slinmny whereof I have hereunto ,uh,crihcd my nnme and nffixcu the c,itpnrnl~ ,ea! nJ' the $\lid Cnrporntiou,; 1hi~ ~ _____ <lay or A11 1 us1 , 2011_. lly: l,-'/1'Jf!1);~ ~~~;~~~;:Ir\', \,IF&L' & UF&l ,~ Fl'\C \ll'tl,\t)(1.Jl t ~2(11 '/ RESOLUTION OF THE BOARD OF DIRECTORS I, Brian J. Lacross, do hereby certify that I am the duly elected and qualified President and seal of TRIDONN CONSTRUCTION COMPANY, a corporation organized and existing under the laws of the State of Michigan, and that the following is a true and correct copy of a certain resolution duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with the law and the by- laws of said corporation on the 1 oth day of February 2023, and that such resolution ls now in full force and effect: RESOLVED, that Steven M. Null, Estimator/Project Manager of this Corporation is hereby authorized and directed to sign bonds and contracts on behalf of the corporation except when the Board of Directors shall instruct the same to be done by some other officer or agent. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the said Corporation, the 15th day of August 2023. Brian J. Lacross President PART 2 -AGREEMENT AGREEMENT THIS AGREEMENT, made this .±Jh* day ofJanuary20 24* by the City of Muskegon and between Tridonn Construction Co.; 1461 Evanston Avenue, Muskegon, MI 49442 [a corporation organized and existing under the laws of the state of MICHi GAN]; Hereinafter called the "Conh·actor", and the CITY OF MUSKEGON, MICHIGAN: WITNESSETH, that the Contractor and the City of Muskegon, for the consideration stated herein, mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services, and perform and complete all work required for the consh·uction of the improvements embraced in this Contract, NAMELY: Muskegon City Hall Office Remodel - Second Floor and required supplemental work for the completion of this Project, all in strict accordance with the Contract, including all Addenda. ARTICLE 2. The Contract Price. The City of Muskegon will pay the Contractor for the performance of this Contract and the completion of the work covered therein an amount in current funds not to exceed $ Two Hundred Forty Seven Thousand Two Hundred Thirty Four and 00/100 Dollars ($247,234.00). ARTICLE 3. Contract. The executed contract shall consist of, but not be limited to, the following: a. Part I: Bid Proposal b. Part 2 Agreement This Agreement, together with other documents enumerated in this Article 3, which said other documents are as fully a part of the Contract as if attached hereto or repeated herein, form the Conh·act between the parties hereto. In the event any provision in any component part of this Contract conflicts with any provision of any other component part, the Contractor shall contact the City immediately in writing for a determination, interpretation and/or clarification of conflicting parts and priority of same. Said determination from the City shall be in writing and shall become an Addendum to this Contract *Date contract awarded by the City Commission AGREEMENT (continued) IN WlTNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in 2. original counterparts on the day and year first written above. N CONSTRUCTION COMPANY Steven M. Null, Project Manager/Estimator Printed Name and Title Mayor ~---~"\\-~c"'- City Clerk (SEAL) CERTIFICATION (if applicable) I, Brian K. Johnson , certify that I am the Sr. Vice President of the Corporation named as the Contractor herein; That Steven M. Null , who signed this Agreement on behalf of the Contractor, was then Project Manager/Estimator of said Corporation; That said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. (CORPORA TE SEAL) Brian K. Johnson, Sr. Vice President printed name and title I, Bond No. 54-252690 Document A312TM - 2010 Conforms with Tho Amerlcnn lnstlluto of Archltocts AIA Oocumont 312 Performance Bond CONTRACTOR: SURETY: (Name, legal sin/us and address) (Name, legal slnltts and pr/11clpn/ place nf b11si11e.1s) Triclonn Construction Company United Fire & Casually Company 118 2nd Ave. SE, PO Box 73909 This documonl has Important legal 1461 Evanston Avenue Cedar Rapids, IA 52401 consoquoncos. Consullollon ,vllh Muskegon, Ml 49442 Malling Address for Nollcos on ottornoy ls oncournocd with rospoct to Its complotlon or modtncollon. OWNER: Any 5f119ulur relercnce to (Name, /ogn/ .rta/1/s and address) Contractor, Suroly, Ownor or olhor porly shall be consldorod City of Muskegon plural whoro oppllcnblc, 933 Terrace Street Muskegon, Ml 49440 CONSTRUCTION CONTRACT Dole: January 4, 2024 Amounl: $ 247,234.00 Two Hundred Forty Seven Thousand Two Hundred Thirty Four Dollars and 00/100 Dcscrip1io11: (Name and locat/011) City Hall Office Remodel-Second Floor BOND Dote: January 11 , 2024 (i\'ot earlier 1/t,111 Cn11st111ctio11 (.'011/mct Date) Amounl: S 247,234.00 Two Hundred Forty Seven Thousand Two Hundred Thirty Four Dollars and 00/100 Modificnlions lo IWs Bond: 1K] None O Sec Scclion 16 CONTRACTOR AS PRINCIPAL SURETY Company: (C011iomte Sen/) Tridonn Constru · ompany , Signalurc: Nome Steven M. Null Nome nod Title: Project Manager/Estimator and Tille: Attorney-in-Fact (Any ndd/1/011al .rig11at11rcs appem· 011 tlte Ins/ page 0/1/,/.r Pc1forma11cc Jlo11d.) (FOR INFORMATION ONLJ' - Name, address 011d 1c/cplto11c) AGENT or BROl<ER: OWNER'S REPRESENTATIVE: Acrisure, LLC (1/rcltltcct, E11r,/11ccr or other parly:) 2032 Lake Michigan Drive, NW Grand Rapids, Ml 49504 616-453-8600 S,1052/AS 8/10 § 1 The Contractor and Surety,jolntly and severally, bind themselves, their helm, executors, ndministrotors, successors ond assigns to the Owner for the performance of the CollStructlon Controct, which Is incorporated l1erein by rcfcn:nce. § 2 Ifthc Controctor perfonns the Con.wucllon Contmct, the Surety and the Controctor shull have no obligation under this Bond, except when applicable to pnrticipnle In a conference as provided In Section 3. § 3 lftherc Is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notico to the Controctor Qlld the Sure!)' thot tho Owner ls coll9ldcrlng declaring a Contractor Default. Such notice shnll lndlcatc whether the Owner Is requesting a conference among tho Owner, Contractor and Surety to discuss the Contrnctoi'll pcrrormnnco. If tho Owner docs not request a conference, tho Surety may, within five (5) business days ofter receipt of tho Owners notice, request such a conferencc. lfthe Surety timely requests a conference, tho Owner shall oltend. Unloss tho Owner agrees otherwise, any conference requested under this Section 3.1 shall bo held within ten (JO) business days of tho Surety's receipt of the Owner's notice. If the Owner, tho Contractor and the Surety agree, the Contractor shnll be allowed a reasonnbla time to perfonn tl1e Construction Contrnct, but such an ogreement shall not waive the Owner's right, If any, sulrnlquently to declnre n Contractor Default; ,2 the Owner declares a Contrnctor Default, tcm1loa1os the Construction Contract nnd notifies the Surety; nnd ,3 the Owner has ogrttd to pay the Balance of tho Contract Price In accordance with the terms of the Construction Controct to tho Surety or to a contractor selected to perfonn the Consll'Uctlon Contract. · § 4 Fnlluro on tho pllrt of the Owner to comply with the notice requirement In Section 3, 1 shall not constitute a failure to comply wlth n condlUon precedent to Iha Surety's obllgutlons, or relooso tho Surety from its obl!gatlons, except to tho extent the Surety demonstrates actual prejudice; § 6 When the Owner hus satisfied the condiUons of Section 3, tho Surety shall promptly and at the Surety's expense take one of the following actions: § 6,1 Ammge for the Contractor, with the consent of the Owner, to perfonn and complete the Construction Contract; § 6,2 Undcrtoko to perform and complete the Construction Contract Itself, through lts ogents or independent con!ructors; § 6,3 Obtain bids or negotiated propos111$ from qualified contractors acceptoblc to the Owner for a contract for pcrfonnance and completion oflhe Construction Contract, arrange for a contract to be prepared f'or execution by tho Owner and a conl:nlctor selected with the Owners concurrence, to be recun:d with pcrfonnancc and payment bonds executed by a qualified surely equivalent to the bonds issued on the Con.qtruction Contract, nnd p11y 10 tho Owner lite amount of damoges as descrlbed In Section 7 In excess ofthe Dalnnce of the Contract Price Incurred by tho Owner as n result of the Conl:nlctor Default; or § 6.4 Walvo Its right to perform and complete, nmingo for completion, or obtain o now contractor and with rcnsonable promptness under !ho circumst1111ccs: ,1 After lnvcstlgaUon, determine the amount for which It may be liable to tho Owner and, M soon as practicable after the amount Is dctcnnlncd, malco payment to the Owner; or ,2 Deny llablllty In whole or In part Qlld nollfy tho Owner, chlng the reasons for denial. § 6 Jflho Surely does not proceed ns provided In Section 5 with reasonablo promptness, tho Surety sholl bo deemed to be in default on this Bond seven days aIler receipt of on additlonol ,vrittcn notice from the Owner to the Surety demanding tho! the Surety perfonn its obligations under this Bond, end the Owner shell be entitled lo enforce any remedy avoilablo to the Owner. If tho Surety proceeds os provided in Section 5,4, and the Owner rof\lsC$ the payment or the Surety has denied liability, In whole or In part, without further notice the Owner shall be entitled to enrorce any remedy available to the Owner. S-1852/AS 8/10 § 7 lfthe Surety elecls to net under Section 5. I, 5,2 or 5,3, then the responsibilities of the Surety to U1e Owner shall not be greater than thoso of tho Controctor under tho Construction Conlrncl, nnd lho responslbllities of the Owner to the Surely shall not be greater than thoso of the Owner under the Col\Slructlon Controct. Subject to the commitment by lhe Owner lo pay tho Balance of tho Contract Price, the Surety ls obligated, without duplication, for ,1 tho rcsponsibilllics of the Contractor for correctJ'on of defective work and completion of the. Consttuctlon Contract; .2 addltlonnl legal, design professional and delay CMLq re.wiling from the Contmctor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 -liquidated damages, or lfno liquidated damages are specified In the Construction Cont.roct, actual damages cuused by detnyed perl'onnancc or non-performance of the Contractor, § 8 lftho Surety elects to act under Section S.1, S.3 or 5,4, tho Surety's llablllty Is limited to the amount of this Dond, § 9 Tho Surely shall not be liable to tho Own or or others for obllgallons of the Conlractor that aro unrclalcd to tho Cons!Ncllon Contract, and tho t3nlnnco orthe Cont.root Price sltull not be reduced or set off on account of any such UntQl11tcd obllgotions. No right of action shall acoruo on this Bond to nny person or entity other than tho Owner or Its heirs, oxcoutors, administrators, successors and assigns. § 10 The Surety hereby wolves notice of any change, Including changes oftlmo, to tho Conslructlon Contract or to related subcontracts, purcbaso orders and other obllgatlOtlll, § 11 Any proceeding, legal or equitable, under this Bond mny be lnslllutcd In nny court of competent jurisdiction In the location In wblch the work or purt of tho work is located and shall bo instituted within two ycnrs after a declnrotlon ofContrnctor Default or within two years ofter the Contrnctor ceased working or wlthtn two years after the Surety refuses or fails to perform Its obligations under this Dond, whichever occurs firnt. lflhe provisions of this Paragraph are void or prohibited by law, the minimum period ofllmllllllon avallahlc to sureties as a derense In the Jurisdiction of the suit shall be appllcnble. § 12NoUce to the Surely, tho Owner or the Controctorshnll bo mailed or delivered to the address shown on the page on which their signature appears, § 13 When tltls Bond has been fumlshed to comply whh n statutory or other legal requirement in the locnllon where the construction wo.s to be performed, any provision In this Dond conflicllns with said stntulory or legnl requirement shall be deemed deleted hererrom and provisions conrorrning to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, tho intent is !hat this Bond shnll bo construed GS II statutory bond and not os o common luwbond. § 14 Definitions § 14.1 Balance of tho Contract Prlco. Tho total amount payable by the Owner to the Contractor under tho Construction Contract aft~ all proper adjustments have boon made, Including allowance to the Contrnctor of any amounts received or to be received by the Owner In selllement of Insurance or other claims for damages to which lhc Conlmctor Is entitled, reduced by all voltd and proper payments mode to or on beholr of the Cont.roctor under the Construction Contract. § 14,2 Construction Contract. The agreement between the Owner nnd Contractor identlfied on the cover poge, including nil Conlroct Documents ond changes made to the agreement nnd the Contrnot Documents. § 14.3 Contractor Dorault, Failure or the Contructor, whlch has not been remedied or waived, to perform or otherwise to <:omply with a matcrlol tenn or the Construction Contract. § 14.4 owner Default. Failure of the Owner, which has not been remedied orwalvcd, to p11y the Contractor as required under the Construction Contract or to porfomt and complete or comply with the other material terms of the Construction Contract. § 14,6 Contract Documents. All the documents that comprlso the agreement bet.ween the Owner nnd Conlraclor. § 15 tf this Bond Is Issued for an ogreement between a Contmctor nnd subconlractor, the tcnn Contractor In this Bond shall be deemed to be Subcontractor o.nd tho tenn Owner shall be deemed to be Contractor. S.1852/AS 8110 § 1BModlllcnUons to lhis bond nre o.~ follows: (Space Is pl'()Vfdad below for additional .rlgnaltir/1$ ofaddedpariles, other tlta11 those appaar/ng on tlta cover page,) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corpo1"afe Seal) Signature: Signature: Nnme and Ti""'1tl.,..e-:- - - - - - - - - - - - - - - NnmeandT""'ltl"'"e-:- - - - - - - - - - - - - - - AddJ'e.q,q Address S.1852/AS 8/10 Bond No. 54-252690 Document A312™ - 2010 Conforms with Tho Amorlcon lnstlluto of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Name, legal sta111s and address) (Name, legal st11l11s 1111d pri11c/p11I place o/b11s/11css) Tridonn Construction Company United Fire & Casualty Company 118 2nd Ave. SE, PO Box 73909 'fhls document hos Important logal 1461 Evanston Avenue consequences. Consullatlon with Cedar RaP.ids, IA 52401 Muskegon, Ml 49442 Mnlllng Adclross for Notices on ollornoy Is oncourogod wllh respect to Its complellon or modification. OWNER: Any singular roreroncc lo (Name, legal st11/11s 1111d address) Controclor, Surely, Ownor or other party shall he consldorod City of Muskegon plural whore oppllcnhlo. 933 Terrace Street Muskegon, Ml 49440 CONSTRUCTION CONTRACT Dole: January 4, 2024 Amount: S247,234.00 Two Hundred Forty Seven Thousand Two Hundred Thirty Four Dollars and 00/100 Description: (Name 1111d loc11tt'o11) City Hall Office Remodel-Second Floor BOND Du!ll: January 11, 2024 (Nol cnr//cr th1111 Co11s/rucllo11 Colllmct Dale) Amount: S247,234.00 Two Hundred Forty Seven Thousand Two Hundred Thirty Four Dollars and 00/100 Modifications lo 1.his Bond: D None ~ Sec Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Coq,orarc s~r,I) Compnny: United Fi Tridonn C o ~ = ~ Signature:~<- -~~~-~~~~----.,--------- Nnmc Steven M. Null ond Title: Project Manager/Estimator (A11y additional slg11a(11res appcm· 011 th~ las/ page o/tl,/s l'aymr.11/ llo11d.) (FOR INFORMATION ONLY -N11111c, address and talcp/11me) AGENT or BROl<ER: OWNER'S REPRESENTATIVE: (Archltact, E11gi11aar or 01/wr pal'I)•.') Acrisure, LLC 2032 Lake Michigan Drive, NW Grand Rapids, Ml 49504 616-453-8600 S-2149/AS 0/10 § 1 The Contmctor nnd Surety, Jointly nnd severally, bind 1hemselves, their heirs, executura, administrators, successors and assigns lo lhc Owner to pay for labor, mnterlnls nnd equlpmen\ furnished for use in the perfonnancc oflhe Construction Contract, which Is incorporated herein by referenoo, subjecl lo the following tenns, § 2 tfthe Contractor promptly mukes payment of all sums due to Claimants, and dofcods, indemnifies and holds hannless the Owner from claims, demands, liens or suits by any person or entlly seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then tho Surety and tho Contractor shall have no obligation under this Bond. § 3 Jfthct'C Is no Owner Defnult under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner hns promptly notlflcd the Contractor and the Surety (at tho addwss described In Section 13) of claims, dcmwids, liens or suits 011alnst the Owner or the Owncts proporty by llllY person or entity secl<lng payment for labor, malcriols or equipment fumished for use in the perfonnance oflhe Construction Contract and tondcrcd defense of such claims, demands, liens or suits to tho Conlroctor and the Surety. § 4 When the Owner has sntlslled the conditions in Section 3, the Surety shnll promptly und ut the Surety's expense defend, indemnify end hold harmless the Owner egalnst o duly tendered olnlm, demnnd, lien or suit. § 6 The Suroty's obllgal!ons to a Claimant under this llond shall arise after the following: § 6.1 Claimants, who do not ho.ve a direct ~ntract with the Contractor, , .1 have fumished nwritten notice ornon•pnyment to the Conlractor, slating with substl\lltlal accuracy the amount <:lnlmed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or perfonne<l. within ninety (90) days ofter having last pcrfonncd labor or last fumlshcd materials or equipment Included in the Claim: und ,2 hnvc sent a Claim to tho Surety (at the address described in Section 13). § 6.2 Clalmonts, who arc employed by or have a direct contract with the Contrnctor, have sent a Claim to tho Surety (nt the nddres.s described in Section 13), § 6 Ifa notice of non-payment required by Section 5.1.1 Is given by the Owner to the Contractor, that is sufficient lo satisfy o Cloimont'sobllgution to furnish a written noUce of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections S.t or S,2, whlcl1ever is nppllcable, the Surety shall promptly und ul the Surety's expense take the foltowlna actions: § 7.1 Send an answer to the Clnimnnt, with n copy to the Owner, within sbtly (60) days after receipt of the Claim, stating tho amounts that are undL~uted and the basis for challenging any 11mounts thut arc disputed; and § 7.2 Pay or OJTn11gc for paymertt of any undisputed amounts. § 7,3 The Surety's rntlure to dlsohnrge its obligations under Section 7, I or Section 7,2 shall not be deemed to constitute a waiver of defenses the Surety orContmctor may hnve or ooqulre os to a Claim, except us to undisputed amounts for which the Surety and Claimant have reached agreement. Jf, however, the Surety fulls to discharge Its obligations under Section 7.1 or Section 7.2, tho Surety shall Indemnify the Claimant for the reasonable nllomey's fees tho Claimant Incurs lhCl'Cllftcr to rncovcr any sums found to be due and owing to the Claimwit. § B. The Surety's total obligallon shall not exceed the runount of this Bond, plus the runount ofreu~onuble ullomey's fees provided under Section 73, and lho amount of this Bond shnll be credited for nny payments made in good fuilh by the Surety. § 9 Amounts owed by the Owner to the Contractor under tho Construction Contrnct shall be used for the performance of the Construction Contrnct and lo satisfy claims, If any, undor any construction pcrfonnance bond, By the Contractor fumlshlng and the Owner accepting this Bond, they agree thnt ult funds cruncd by tho Contractor In tho performance of tho Construction Contrnct nre dedicated to satisfy obllaotlona orthe Contractor and Surct)' under lhls Bond, subject to the Owner's priority to use tho funds for the completion oftlle work•• S.2149/AS 8/10 § 10 Tho Surety shall not be llable to the Owner, Clnlmnnts or oUters for oblignllons of the Contractor that aro unrotated to tho Construction Contract. Tho Owner shall not be liable for lite payment of any costs or expenses of any Claimant under this Bond, and sbnll havo under this Bond no obligation to make payments to, or give noUco on behnlfof, Clolmants or otherwise have any obligations to Claimants under this Bond. § 11 Tho Surely hereby waives notice of any chango, lnoludtng changes of time, to tho Conslnlcllon Contract or to related subcontracts, putllhose orders and other obligations. § 12No suit or action shall be commcnctd by a Claimant under this Bond other than In a court of coinpetcntjurlsdlction In the state in which tho project that Is tho subject of tho Construction Contract:ls located or ofter tho explrotlon orono year from the dote (1) on which tho Claimant sent a Claim to the Surety pursuant to Section S.1.2 or S.2, or (2) on which the lost labor or service wqs perfonned by anyone or tho Inst materials or equipment were furnished by anyone under the ConstrucUon Contract, whichever of(I) or (2) first ocour.,, If tho provisions of this Plll'ftgraph arc void or prohibited by law, the minimum period of limitation avallnble to sureties ns a dcfcnso in the jurisdiction of the suit shall btl applicable, § 13 Notlce and Cl alms to tha Surety, Iha Own et or the Contractor shnll bo malled or delivered to the address shown on the page on which their slgiia.ture npperus. Actunl receipt ofnoUco or Claims, howovcr accompllshed, shall be sufficient compliance os of the date received, § 14 When this Bond has been furnished to comply with a statutory or other legal requirement In Ibo loonlion where the construction W$ to be perfonned, any provision In this Bond conflicting with soid statutory or legal requirement shnll bo deemed deleted hcrefrom and provisions confonnlng to such statutory or other legnl requirement shall be deemed Incorporated herein. When so fumlsbcd, tho Intent ls !hot this Bond shnll be construed as a statuloiy bond and not as a common law bond. § 16 Upon.request by any person or entity appearing to be a potential boncflclruy of.this Bond, the Contractor l\ltd Owner shnll promptly fumlsh a copy ofthls Bond or shall permit a copy lo be made, § 16 Doflnltlons § 16,1 Olalm. A written statement by the Clnlmont Including at a minimum: .1 the name of the Claimant; ,2 the nnmo of the person for whom tho laborwll9 done, or materials or equipment fumlshed; .3 a copy of the agreement or purchase order pursull!lrto which lnbot, materials or equipment WllS furnished for use in tho porfomtance of the Construction Contract; A a brief ckscriptlon of the labor, materials or equipment l\lmlshed; ,6 the date on which lh\l Clnimnnt last perfonncd labor or last furnished m11teriots or equipment for use in the petfonnonce of the Construction Contract; ,6 the total runount corned by the Claimant for labor, materials or equtpment furnished ns oflhe date oflho Clnlm; ,7 the total amount of previous paymcnls rccolved by the Claimant; and ,8 the tolol runounl duo and unpaid to the Claimant for labor, materials or equipment fumlshed as oflhe dote of the Claim. § 16.2 Clatmant. Ao lndlvldunl or entity having a direct contrnct with the Contractor or with a subcontrnctor of the Contractor to furnish lnbot materials or equipment for use in the perfonnonce of tho Construction Contract, Tho tonn Claimant also includes any lndlvidllllt or entity tltnt ~ rightfully asserted a claim under nn nppllcablc mechanic's lien or similar statute against the real property upon which the Project Is located. The intent of this Bond shall be lo Include without limitation In tho terms "lnbor, materials or equipment" that port of water, gos, power, light, h~t, oil, gasoline, telephone seivlce or rental equipment used in the Conslnlctlon Contract, archltcctuml end engineering services required for performance oflhe work of the Contractor l!lld the Contractoi's subcontractors, and nil otherltems for which a mechanic's lien may be asserted in tho jurisdiction whore tho labor, mnteriats or equipment wore furnished. § 16,3 Construction Contract. Tho agreement between tho Ownet ond Contractor ldentlficd on tlto cover po.go, Including all Contmct Documents and all changes mndo to the agreement nnd tho Controct Documents. S.2149/AS 6/10 § 16.4 owner Default. Failure of the Owner, which has not been remedied or woivcd, to poy tho Contractor os required under tho Consttucllon Contract or to perform and complete or comply with tlu: other molerinl tcnns of tho Constructlon Cont.roct. § 16,6 Contract Documents, All the documents that comprise the agreement bclween tho Owner nnd Contractor. § 17 If this Bond Is Issued for an agreement between a Contractor and subcontroctor, the term Con!rnclor in this Bond shall ho deemed lo be Subcontractor and the term Owner shall be deemed to be Con1I11ctor. § 18 Modifications to th!$ bond are os follows: And Whereas, this bond is given in compliance with and subject to the provisions of Act No. 213 of the Public Acts of Michigan 1963, as amended, which provisions are by reference made a part hereof. (Space I: provided b~low for add/llon(lf slgno/11rts ofadded parties, otlter than tho.re appearing on tho cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporal(! Seal) Signature: Signature: NamenndTi:::1::-Ue_:_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Nwne nnd1i;:;1tl::-e"'.'":- - - - - - - - - - - - - - - Address Address S.2149/AS 8110 UNITED FIRE & CASUALTY COiHPA:NY, CEDAR RAPIDS, IA Jnqulrlrs: S111·cty Dcpnl'tmrnt UNITED FIRE & INDEMNITY COMPANY, WEDSTER, TX 118 Scconcl A,•c SE FINANCIAL PACIFIC INSURANCE COl\111 AA-Y, LOS ANGELES, CA Cclllll' Rnpicls, IA 52401 CERTIFffiD COPY OF POWER OF ATTORNEY (original on file at Home Office of Company- See Ce11iticatlon) KNOW ALL PERSONS BY TIIBSE PRESE1'>fS, Tirnt UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the state ofTowa· UNITED FIRE & INDEMNTIY COMPANY, n co111oratio11 duly organized nnd existing 1tnder the lnws of the State of Texas; and FlN/\NCIAL PACIFIC INSURANCE COMl'ANY, a co111omtion duly organized nnd existing under the laws of the ~late of Califo,niia (herein colleclively called lite Companies), nm! having their corporate headquarters in Cedar Rnpids, Stntc ofiowa, docs make, conshtutc nnd appomt , their tmc and lawful Allomcy-in-Fncl with power aml anth01ily hereby confe1recl to sign, seal nncl SI rnnnon Ny I1111s , • I bl' · 1 II I exec1tte in iis behalf all lawftil bonds, uncter1akings and other obligalo1y instnunents of similar nature provided that no smg c o 1ga1Ion s in excee< $ I 00,000,000.00 Surety Bond Number: 54-252690 Principal: Tridonn Construction Compnny Obligce: City of Muskegon and lo bind the Companies thereby ns f1tlly nnd to the same extent ns if such instrnments were signed by the duly nuthorized officers of the Companies am! all of the acts ofsnid Atlomey, pursuant to the nulhorily hereby given mtcl hereby rntifiecl and cuufinued. The Authority hereby granted is continuous nml shnll remain in full force ancl effect until revoked by UNITED FJRE & CASUAL1Y CO1v1PANY, UNITED FIRE & INDillv!NITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. TI1is Power of AHomcy is made nml executed pursuant to 11ml by nuthority of the following bylaw duly ndoptecl by the Boards of Directors of UNITED FIRE & CASUALIT COJv1PANY, UNITED FIRE & INDEMNITY COlvlPANY, ancl FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI - Surely Don els nucl Undcl'tnklngs" Section 2, Appointment of Attomcy•in-Fact. "111e President or nny Vice Prcsiclcnl, or nny oilier officer of the Compnuies mny, from lime lo time, appoint by written certificates attorneys-in-fact to net in behnlf of fhe Co111pm1ies in the execution of policies of insurance, bonds, undertakings nncl other oblignlo1y inslmmenls of like nntme. TI1e signnture ofnny officer ;mlhori7.ed hereby, nnd the Corporate sen!, may be nffixecl by facsimile to any power of nttomcy or spccinl power of nltomc)' or cc11ificntion of either 11utho1izccl hereby; such signnturc nnd seal, when so used, being ncloptcd by the Companies 11s the otiginnl signature ofsnch officer nml the originnl seal of the Compnnies, lo be vnlid and binding upon the Compnnies witl1 the snmc force nncl effect n~ though manunlly affixed. Such nlto111eys•in-filct, subject to the limitnlions sci forth in their respective ce1tificntes of nuthotily shnll have full power to bind the Compnnies by their signature and execution of m1y such instmmeuls and to attach the seal offhe Companies thereto, TI1e President or any Vice President, the Board of Directors or m1y other officer of the Companies muy nl nny lime revoke all power nud aulhority previously given lo nny altomey-in-filct. IN WITNESS WHEREOF, the COlvlPANIES have each cnused these presents to be signed by its ~,,,, \ 11111111/IJ "~,1,CA1U1~1-,, ~,,,,,t1n1111111,,, vice \\\\\1lllltlflt. ,:.,t,,.,~nu,_✓,,,,,, ,f'\~,01.~.s~'!-]l'"- . • . • I prcs1clcnl nml its CO!Jlomlc seal lo be hereto affixed tin~ 2lsl clny of Scmptcm icr, 2023 jA. ~ f't._,4 ,.J.~ ff\'t-.~W~vditf;;, . ~ gg conron,mws ff§ conronAT£ l}.t f:!f;f }lltV 2{ ~jg% UNITED FIRE & CASUALTY COMPANY S;l - · - ~§ it -•- ~~ l1l 1910 ,~i UNITEDFlRE&INDEMNITYCOMPANY \ ~ sm 0 ❖,,~kJlANW\,,❖ 'r"f \ 1~ mi , "/ '\.;{:•.f;fltFO~,~•,·/f; .,:,,.,11:"'tti1t.'J.~~~ ~❖I'. ........... ,\,~ FINANCIAL PACIFIC INSURANCE COMPANY 1111,11,m'''' i,1,111111\\''''' 1111 11,11,111\\\'''''\.././ A.( c:_- ✓-.-; By: /.,~ "-·~ / I ~1,-J,'/, Sllllc oflowa, County of Linn, ss: /7 c:J Vice President Ou 21st day of September, 2023, before me personally came Kymma M. Saylor to me known, who being by me duly sworn, did depose and say; that she resides in Cedar Rapicls, Slate ofiowa; that she is n Vice President of UNITED FIRE & CASUALTY COMPANY a Vice President ofllNITED FIRE & INDEMNITY COlvfPANY, nncl a Vice President ofFINANCJAL PACIFIC INSURANCE COMPANY the coq;orations described in nm! which exceuled the above inslrnment; lltat she knows the senl of said eorpomlions; llrnt the seal affixed to Ilic snid instnuneut is sucl1 CO!Jlornle seal; lhnl ii wns so nffixcd pursunnt to nulhority given by the Bonni of Directors of said corporations nncl that she signed her unmc thereto pursuant to like nnlhorily, and admowledges same to be lhc net and deed of said coqiomtions. PalllWaddell Iowa Nolarlal seal Commission number 71327~ Notnry Public My commission Expires ·t0/26/2025 My commission expires: 10/26/2025 I, Mary A. Bertsch, Assislnnt Secretary of United Fire & Casually Company nm! Assistant Secretary of United Fire & Indemnity company, nncl Assistant Secretary of Financial Pacific Jnsi1rancc Company, do hereby certify that J have compared the foregoing copy of the Power of Altomcy and affidavit, nncl the copy of the Sec lion of the bylmvs and resolutions of said Corporations as set forth in snid Power of Attorney, with the ORIGINALS ON FILE TN THE HOME OF.FICE OF SAID CORPORATIONS, oncl that the snmc nre correct lrnn.scripls thereof, nnd of the whole of the snid origiunls, uud lhal the said Power of Atlomey has 1101 bceu revoked and is now in full force and effect. In testimony whereofI have hereunto subscribed my nmne and nmxecl Ilic coqiorale seal of the said Corporations this 11 lh dny of .lanumy 2024 __. 13y: Assistant Secretory, UF&C & UF&I &FPIC City of Muskegon City Commission Meeting Minutes November 14, 2023, 5:30 pm Muskegon City Hall 933 Terrace Street, Muskegon, Ml 49440 Present: Mayor Ken Johnson Commissioner Rachel Gorman Commissioner Rebecca St.Clair Commissioner Eric Hood (arrived at 7:15 p.m.) Vice Mayor Willie German, Jr. Commissioner Michael Ramsey Commissioner Teresa Emory Staff Present: City Manager Jonathan Seyferth City Clerk Ann Meisch City Attorney John Schrier Deputy City Clerk Kimberly Young 1. Call To Order Mayor Johnson called the City Commission meeting to order at 5:35 p.m. 2. Prayer Pastor James O'Brien from Anchor Point Bible Church opened the meeting with prayer. 3. Pledge of Allegiance The Pledge of Allegiance to the Flag was recited by the Commission and the public. 4. Roll Call As recorded above 5. Honors, Awards, and Presentations 5.a Introduce New Staff - Finance Clerk 1 Ken Grant, Finance Director, introduced his new staff person, Laurie Stephens. Laurie came to us from Muskegon County, started a couple weeks ago and is doing well. 5.b Introduce New Staff - Development Analyst Jake Eckholm, Development Services, introduced Jocelyn Hines, Development Analyst. Jocelyn came to us from the Community Foundation. 5.c Employee Service Awards Mayor Johnson and Commissioners congratulated and thanked city employees for various years of distinguished, loyal service - ranging from 5-35 years. Certificates of Appreciation were presented to those in attendance. 6. Public Comment on Agenda Items Public comments were received. 7. Consent Agenda Action No. 2023-117 Motion by: Commissioner Ramsey Second by: Commissioner Gorman To accept the consent agenda as presented, minus item 7.b, 7.c, 7.i, 7.j, and 7.k Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner Emory Absent (1 ): Commissioner Hood MOTION PASSES (6 to 0) 7 .a Approval of Minutes - City Clerk To approve the minutes of the October 24, 2023 Regular Meeting. STAFF RECOMMENDATION: To approve the minutes. 7 .d Gaming Resolution - Friends of Hackley Public Library - City Clerk ) Friends of Hackley Public Library is requesting Recognition as a non-profit in the City of Muske~on for the purpose of obtaining a charitable gaming license. 2 evaluate a potential move of City Hall staff and services to the former Hackley Administration Building. Three (3) proposals were received and staff is recommending award of the services to Integrated Architecture, based on their experience with similar projects, and proposed timeframe for completion of the analysis.The bids received were as follows: - Integrated Architecture - $29,260 - DLZ Michigan, Inc. - $39,000 - Short Elliott Hendrickson (SEH) - $40,770 AMOUNT REQUESTED: $29,260 FUND OR ACCOUNT: 701-801-80200 STAFF RECOMMENDATION: To authorize staff to enter into a contract with Integrated Architecture in the amount of $29,260 to complete a space needs analysis for City Hall operations that considers a potential move to the former Hackley Administration Building. 7 .o Contract - City Hall Floor Office Remodel - Development Services and Public Safety Staff is requesting authorization to accept Tridonn Construction Company's bid in the amount of $247,234.00 to build out the vacant office space on the second floor of City Hall to serve the Development Services and Public Safety Departments. The first phase of the office remodel was completed in 2020 for the Development Services Department; with the addition of public engagement staff and new employees in Development Services, more space is needed. Additionally, the Detectives in the Public Safety Department plan to relocate to a portion of the vacant space. $200,000 was budgeted in the Public Improvement Fund for the work. The City issued an RFP for the work on July 27, 2023 and three (3) proposals were received: - Tridonn Construction - $247,234 - Clifford Buck Construction - $266,226 - Erhardt Construction - $389,900 Staff is recommending award of the services to Tridonn Construction Company, which submitted the low bid for the work. AMOUNT REQUESTED: $247,234.00 7
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