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HomeMy WebLinkAboutMorton Buildings, Inc.MORTON BUILDINGS,INC. Zach Wesselmann Charles City, IA 641-228-7454 office 641-220-4516 cell zach.wesselmann @mortonbuildings.com 31D F Y 1 g P0l ct Ve.V, tit/ Ey; avAct. Vaty Pcojec-r CITY {F wriTFRi 13 CRY CI CLERKS OFFICE MORTON BUILDINGS INC • 1415 S Grand Ave • Charles City, IA 50616-3670 Zach Wesselmann Charles41-2City,75 It4k. IA 641-228-7454 office � 641-220-4516 cell /Vc,'+ov % r zach.wesselmann @mortonbuildings.com ?al& Zona, Fi Pol;ce, Ve1n;ck f Ev+deocc co,co;}y ?cost c• -t- MBNP 12/14/2017 0 : MORTON' BUILDINGS, INC. 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 City of Waterloo, Iowa (Waterloo Police Department) Frank Krogh 715 Mulberry St. Waterloo , IA 50703 Home: Cell: 319-291-4340 Work: Other: Ext 3212 Dear Frank: Date: 12/14/2017 Page: 1 of 7 Thank you for giving us the opportunity to present you with a proposal for your building project. I will follow up with you within the next few days to answer any questions or concerns you might have. As your Sales Consultant, I will work closely with you throughout the entire building process to help with financing, site selection, site layout for optimum land usage, site preparation and many issues you may not have considered, such as permits and proper drainage. Morton Buildings, Inc. is the only building company that is fully integrated from receiving raw materials all the way to handing the keys over to you at the end of construction. This allows us to maintain our high quality, erecting buildings that operate efficiently with minimum maintenance and low costs year after year. From basic to bold, small to large, and plain to fancy, Morton's buildings are constructed to satisfy almost every customer's needs. We put only the best materials and workmanship into every building and that is why we can confidently back our product with a very strong warranty package. Additionally, we can help guide you to a variety of sources for financing your construction project. Again, thank you for allowing us to present you with this building proposal. I look forward to helping you make your building dream a reality. Sincerely, John Wesselmann Sales Consultant Zach.Wesselmann@mortonbuildings.com Office Phone: 641-228-7454 Office Fax: 641-228-7456 1415 S Grand Ave Charles City, IA 50616-3670 34-16784-20171214-10371968-4C99-7 © 2017 Morton Buildings, Inc. MBNP (irk MORTONBUILDINGS,INC. 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 Date: 12/14/2017 Page: 3 of 7 Polyester) Fastened to Nailers with Painted Steel Screws, Wall Cavity is Insulated with 6" Fiberglass Insulation and 4 Mil Vapor Retarder Subcontracts Overhead doors as specified included Chain link fence and gate as specified Fiberglass attic insulation as specified Electrical as specified Landscaping as specified Radiant tube heater and water into the building, drain line for floor drain only included as specified Soils testing allowance of $4,000 included Site work as specified. NOTE this does not include anything that would need to be done as a result of the soils testing that would need to be performed prior to any site work being started Concrete as specified Additional Information -Price is based off of plans and specifications submitted by the City of Waterloo -Price does not include any civil engineering that may be required. -Temporary power to be supplied and paid for by owner during construction 34-16784-20171214-10371968-4C99-7 © 2017 Morton Buildings, Inc. 34-16764-20171214-10371968-4C99-7 oul •s6ulplms uopolA) LI.OZ ;sanny;nog aul 1.110.1j ani;padsJad 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 co m z Dau CD 0 11 MBNP MORTONBUILDINGS,INC. 252 W. Adams, P.Q. Box 399 • Morton, Illinois 61550-0399 306 70'x18'x112' (#1) Column Plan -q) m 0 0 0 N 0 rn 34-16784-20171214-10371968-4C99-7 © 2017 Morton Buildings, Inc. Date: 12/14/2017 Page: 6 of 7 n V) 1 / i 1 0 rn 34-16784-20171214-10371968-4C99-7 © 2017 Morton Buildings, Inc. Date: 12/14/2017 Page: 6 of 7 MBNP () MORTON BUILDINGS, INC. 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 Building Investment Total Estimated Project Cost as described including Material, Tax, and Labor*: $496,000.00 $148,800.00 Down Payment $297,600.00 Due Upon Delivery of Materials $49,600.00 Due When Morton Buildings' Scope of Work is Complete * Building Proposal Good for 7 Days from the date specified on cover letter. Date: 12/14/2017 Page: 7 of 7 If you accept this pricing proposal you must enter into a written building order which contains additional terms and conditions. This proposal is not intended to be a contract for construction. This proposal contains information which is proprietary and/or are trade secrets and may not be disclosed to third - parties without the express written authorization of Morton Buildings, Inc. 34-16784-20171214-10371968-4C99-7 © 2017 Morton Buildings, Inc. AIA Document A310TM - 2010 Bid Bond CONTRACTOR: (Alae, legal storms and wickets) MORTON BUILDINGS, INC. 252 Wost Adams 51. Morton, IL 61550 OWNER: (Nacre, legal status and address) CITY OF WATERLOO 715 Mulberry Street, Waterloo, IA 50703 BOND AMOUNT: Five percent of amount bid. (5% of Amount Bid) SURETY: (,Attune, legal status and principal place of business) LIBERTY MUTUAL INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. PROJECT: (\tante, location or address, and Project number, Vans) Police Vehicle Storage Building for the City of Waterloo, 715 Mulberry Street, Waterloo, Project Number, if any: IA 50703 Tho Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the teams of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents. with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof: or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specked in the bid documents. and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the tens Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. When This Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project. any ptnvision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this tam day of December, 2017 (!Fitness) (Dia?* M. O'Leary MORTON BUILDINGS, INC. (Prlact til) 1/7i /0 (rifle)? LIBERTY Mill (JAI INSURANCE COMPANY (Surely) (real) Sandra M. Waisted, Attorney in Fact (Seal) ('fide) AIA Document A310" — 2010. Copyright 01063, 1970 and 2010 by The Amer an inslimly of Architects. All rights reserved. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in lite planner and to the extent herein stated, Certificate No 7604056 Liberty Mutual Insurance Company The Ohio Casually Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS. That The Ohio Casually Insurance Company is a corporation duly organized under the laws el the State 01 Now Hnnlpslure, that I_iheny Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of lh0 Slam of Indiana (herein cnllontivoty called the 'Companies), pursuant to and by authorty herein set forth. does hereby name. constitute and appoint. Christina L. Sandoval. Debra J. Doyle; Diane M. O'Leary; James B. McTaggart; Jennifer L. Jakaitis: Jessica B. DempseyLJudith A. Lucky-Ettimov;_ Sandra M. Nowak; Sandra M. Winsted; Susan A. Welsh as of the city of Chicago stale of IL each individually 0 there be more Than one named, its Due and lawful attorney-in-fact to make, execute, seal, acknowledge and deiiver, for and on its behalf as surely and as its act and deed, any and ;dl undertakings, bonds, recorinwannes and other surely obligations, in pursuance of those presents and shall be as binding 1191011the Companies as 1f they have been duly signed by Wu president and attested by We secretary of the Companies in their own proper persons. IN `'i INESS WHEREOF, (his Power 01 Allorney has been subscribed by an aulhortzed elficer or official or We Companies and the corporate seals of the Companies have been affixed thereto this 151h day 01 Juno 2017 j \N STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 15111 day Of June 2017 before me personally appeared David M. Caney_ who acknowledged himself to be Ilse Assistant Secretary of Liberty Mulua t Insurance Company, Tho Ohio Casually Company. and West American insurance Company. and !hal he, as such. being authorized m to do 0,00100 the foregoing instrument lot the pin poses iherem contained by 591(09 on behalf el the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF. I have hereunto subscribed my 0 ml'an04 an� th d affixed my notarial seal at King of Prussia, Pennsylvania, 00 e day and year first above dellen tu �:CIMMONWEALTII lF PENNSYLVANIA A \ .t ... Neese P n;lerla. Notary Public ss By The Ohio Casually Insurance Company Liberty Mulual insurance Company West American Insurance Company David Fd. CareyAss inland Secretary This Power of Attorney is made and executed porsnanl 10 and by authority of the following By-laws and Authorizations of The Ohio Casually insurance Company, Liberty Mutual Insurance Company, and' West American Insurance Company which resolutions are now in hll1 force and effect reading as follows'. ARTICLE IU - OFFICERS - Section 12 Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in vii ting by the Chairman ur the President. and subject lo such limitation as the Chairman or the President may prescribe. shall appoint such attorneys -horrid, as may be necessary to act in behalf of Iho Corporation to rnake, execute, seal, acknovdodge and deliver as surety any and all undertakings, bonds. rerognizances and other surely obligations, Such altorneys-tmlacl, subject to the limitations set forth in their respective rowers of attorney, shall have fullpower o bind Olin Corporation I r i f $ ( 1 h Cmpor I on ry their signature and execution of any such instruments and l0 sllaeh Iherelo the seri o the Corporation, Mon so executed, bush instruments shall be as binding as it signed by die President and attested to by ire Secretary Any power r autllndly pared !o arty ren eraottlare et nihorrnyhrhhici '101900 Me provisions of this artiste may be revoked al any lime by the Board OMrh,u Pu,Iae0 ,Inu ofhcgr r 9I- san6r , such i .:r i11 n JI,; ARTICLE XIII- Execution of Contracts- SECTION 5 Surely Bonds and Undertakings. Any officer of the Company authorized (or that purpose in writing by the chairman or the president, and subject to such limitafons as the chairman or the president may prescribe. shall appoint such attorneys -in -fact. as may be necessary to actin behalf of the Company to make, execute, seat, acknowledge and deliver as surely any and all undertakings, bonds, recegnizanres and sheer surety obligal.ons. Such allorneysindad subject to the limitations sot forth in (heir respective powers 01 attorney, shall have Wil power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When s0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. Codificale of Designation - The President of the Company. acting pursuant lo the Bylaws of the Company. authorizes David M. Carey, Assistant Secretary to appoint uch :moneys-in- fact nnr eys-i n- facl as may bo necessary to act on behalf el Ilia Company le slake, execute, seal, acknovdedgo and deliver as surely any and 211 undertakings, Maulsrecognizanwes mud utber surely obligations. Authorization - t By unanimous consent of the Company's Board of Directors. lite Company consents lhal facsimile or mechanically reproduced signalum of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the samo force and effect as Waugh manually affixed I, Renee C Llewellyn, the undersigned, Assislanl Secretary, The Ohio Casualty Insurance Company. Liberty Mutual insurance Company, and West American Insurance Company do hereby certify that the original power el attorney of which the foregoing is a Mit, Ince and correct copy of the Power of Attorney executed by said Companies. is n full lorce and effect and has not been revoked. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seats of said Companies this 1,J'� CA day or A ^L„f. _.... 204_ 1.1Ati 1207;1 022017 By: Renee C. L!ew ssis!anl Secretary 609 of 1000 a T3 N G' N .0 >1 er m( e 0 Ua) (V EEI • a Q M ort `m c m o E• ral Nd .co Yom' O f: Ei >2,I ea o C7 roN 00 r 1 o(0 h r MORTON'BUILDINGS,INC. 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 Building Site Specifications (06/10) Job: Date: 12/14/2017 Page: 1 of 9 The importance of a prepared site cannot be overemphasized. You, the Owner, and your Morton Sales Consultant will inspect your site and make an evaluation of the site in preparation for construction of your Morton building. 1. You are required to designate on the Site Work Responsibilities which responsibilities are yours and which are the responsibilities of Morton Buildings, Inc. [hereinafter "Morton"]. 2. If it is your responsibility to obtain plans, reports, permits, or variances you must do so within a reasonable time or the specified date on the Construction Proposal page. If delivery of your building material is delayed through no fault of MBI, upon notice the order may be re -priced or terminated at the option of MBI. If the order is terminated expenses accrued plus reasonable overhead and profit will be due. The responsibilities for site preparation, foundation or permitting which are yours must be completed before materials are delivered to the job site. If the site is not prepared upon arrival of materials, Morton has the option of delivering the materials or returning the materials to the origin of shipment. If materials are delivered, you will be responsible for any damage to materials due to storage at the site or other causes outside Morton's control. If materials are returned, you will be responsible for delivery and restocking charges when materials are reshipped to job site. 3. Site preparation includes establishing a safe working perimeter around the building site. This is a minimum of 10 feet working area beyond the edge of a proposed overhang on the building, a minimum of 30 feet away from non -insulated or damaged insulated wires, including overhead and underground lines, that conduct electricity and a minimum of 10 feet away from any insulated wires, including underground lines, that conduct electricity. Morton delivery and construction crews are authorized to refuse to work on unsafe job sites. If site preparation is your responsibility and the site is deemed unsafe, you will be responsible for any damages, including delay damages, incurred by Morton until the site is made safe for work. 4. If Special Site conditions were noted on Site Work Responsibilities, Morton may, with approval of the Safety Department, elect to build on your site using additional safety equipment or safety methods which will add extra charges to the total price. 5. Failure to provide services prior to construction for which you are responsible constitutes a waiver of Morton's liability for any damage which occurs as a result of your failure to provide agreed services on Site Work Responsibilities including, but not limited to, diminution in value for failure to provide survey or structural failure or building movement for failure to provide site engineering or proper site preparation. If the building is built on all or part of an existing foundation, Owner waives any claim against Morton for damage or loss caused by failure of any part of the building due to inadequate foundation and agrees to indemnify, defend and hold Morton harmless for same. 6. Buildings anchored in the ground must resist wind uplift. The soil composition and compaction must sustain loads for which concrete was designed. Improper drainage can cause frost heave. Improper site preparation and landscaping after construction can lead to wind damage, structural damage, settling, frost heave and cracking of walls or floors. If site preparation is your responsibility, you waive all liability against Morton for the above damages due to inadequate site preparation. 7. Definition of a Prepared Site a. Site is level when rough grade is within +1- one (1) inch to agreed elevation. b. Site allows all columns to set to natural, undisturbed soil of footings provided and meets earth work criteria below. c. Grade elevation and finish floor elevation are marked on an agreed benchmark. d. Building corners are flagged with either grade stakes or locator flags. e. A minimum 10 -foot wide clear work area is available around the perimeter of building, graded to slope 1-2 inches per foot away from building (not to exceed 2 inches per foot). f. Site is free from above and below grade obstructions. g. 110 Volt electricity is within 200 feet of building site unless noted otherwise in the Construction Agreement. h. Overhead power lines within 30 feet of building, working area, unloading area or material storage area are either covered or disconnected. i. Access to site and space for unloading is available as described below. j. Underground utility lines (Telephone, Electric, Gas, Water, Sewer, Cable TV, Fiber Optics) are located and clearly marked by local utility companies or Owner if lines are private. Owner is responsible for any charges by utility company to mark private lines. k. Soil compaction to 95% of its maximum density or that specified in an engineering report for the site. 8. Earthwork criteria 2017 Morton Buildings, Inc. Owner's Initials ,H02 MORTONBUILDINGS,INC. 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 Job: Date: 12/14/2017 Page: 2 of 9 a. Site preparation consists of the removal of organic matter, loose top soil, vegetation, unsuitable soil types, and cutting high areas or filling low areas with well -graded fill that is free of rocks (4" or larger except in column area where maximum size must be 1" or less), free of debris and frost when placed, and can be compacted to 95% of its maximum density. Earth removed from high areas can only be used if it meets these specifications. b. If the building will have a concrete floor, a minimum of 4 inches of well -graded fill must be provided to level the rough grade. Well -graded fill is material consisting of particle sizes from its coarsest to finest particles, is trimable, compactable and granular. A washed sand is not compactable and must not be used for fill. 9. You release Morton and accept all liability for any losses that result from damage to private utility lines not properly marked and identified before construction. 10. If, during construction, underground obstructions require special digging equipment and/or additional labor, the cost plus reasonable markup will be charged as extra charges if site preparation is your responsibility. 11. You must provide suitable access to the work site. Additional charges will be added to the Construction Agreement if the trailer drop area and drive lane do not meet the criteria below and Morton must drop materials away from the work site. Construction equipment can cause tire ruts in soft ground or damage concrete driveways or sidewalks if the only access is over these areas. You accept all liability for repairs to the work site which result from reasonable ingress, egress or equipment (such as lift trucks) usage during building construction by Morton or its subcontractors. 12. Morton recommends that final grading of the job site not be done before construction. Owner is responsible for repairs to site if final grading is done before construction. 13. Access to Site and Space for Unloading a. Material for your building will be delivered on one or more flat bed trailers. The semi -tractor is equipped with forklifts to mechanically unload materials. The truck driver will need space to maneuver and stack the building materials. b. You or your representative must be present during the unloading to accept delivery and to call for assistance in case of an emergency. c. Trailer drop location must be reasonably level. Area can be on the job site, main driveway, or near the building site. d. Drive lane is a path from trailer to stacking area on which unloading semi -tractor must travel. There must be at least 5 foot clearance on either side of the truss suspended from forks. Trusses are usually the same length as building width. e. All materials will be stacked in the designated locations per the diagram below. If material needs to be dropped more than 200 feet from the building location, an additional charge will be added to the Construction Agreement. 14. You must designate an area for excess dirt (spoilings) stockpiled on site before construction begins. r TRUSS WIDTH PLUS 2I0' L TRUSS WIDUI plus 20 .1. Tratcr Drop Arca L.2 TRUSS WIDTH PLUS 5' Orivo Lana 30 C L f NEW BUILDING SITE DO NOT P1 ACF MATFRIAI INSIDE THIS AREA 0 r1 7 Q 8 p 9 I. TRUSSES 2. LUMBER 3. LOWLR COLUMNS 4. UPPER COLUMNS 5. SACKRETE 6. HARDWARE 7. SIDE AND ENDWALL STEEL PANELS 8. ROOF STEEL PANELS 9. TRIM AND GUTTERS Site Plan © 2017 Morton Buildings, Inc. Owner's Initials MORTON' BUILDINGS,INC. 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 Terms and Conditions (10/16) Job: Date: 12/14/2017 Page: 3 of 9 1. Morton Buildings, Inc. [hereinafter "Morton"] shall submit a request for payment in a manner agreed by the Parties. Morton may stop work if any payment, including payment for extra work, is not made to Morton according to the terms of this Order. If such non-payment occurs, Morton may keep the job idle without liability until all payments are received. 2. In the event of default by Owner under any term of this Order, including the schedule set forth in the Payment Terms, Morton shall be entitled to 1 1/2% per month interest (18% annual rate) or the maximum rate allowed by law in the state where the Work is located if less than 18% annual rate. Owner agrees to pay Morton reasonable costs and attorney fees incurred to enforce the terms of this Order. 3. The Owner, by making final payment under this Order, waives any claim that it may have against Morton for damages from defects that are known to the Owner or apparent from reasonable inspection at the time final payment is made except for those upon which Owner has given notice to Morton as either a punchlist item or a claim for warranty repair. This waiver does not affect Owner's right to make a claim for warranty repair for defects which are not known or reasonably apparent at time of final payment. 4. Title to all materials incorporated in the project shall remain with Morton until Owner has made all payments required under this Order. If Owner fails to make such payments, Morton shall be entitled to retake possession of such materials incorporated into the project by Morton or its Subcontractors regardless of any damage to the structure or to Owner's property that such repossession might entail. Material shipped to the job site by Morton which is not used in construction remains the property of Morton. 5. WARNING TO OWNER: IF YOU SIGN THIS ORDER, MORTON, ITS SUBCONTRACTORS OR SUPPLIERS WHO PROVIDE WORK OR MATERIALS TO THE JOB SITE MAY HAVE A RIGHT UNDER THE LAWS OF YOUR STATE TO FILE A MECHANIC'S LIEN ON YOUR PROPERTY. THIS MEANS YOUR PROPERTY CAN BE SOLD WITHOUT YOUR PERMISSION AND WITHOUT ANY COURT ACTION IF YOU MISS ANY PAYMENT REQUIRED BY THIS ORDER. STATE LAW MAY CONTAIN IMPORTANT REQUIRMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTS YOUR BUILDING. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER SOME STATE LAWS, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT. 6. This Order is conditioned upon Owner's ability to arrange satisfactory financing for the project. Before work begins, Owner shall disclose to Morton its arrangements for financing payments required under this Order according to Morton's credit policy. Morton will have no obligation to start work until Morton is satisfied that such financial arrangements are reasonably adequate to assure payment. Financial information submitted by Owner for review will be treated by Morton as confidential information. 7. The terms and conditions of this Order must be reviewed by Design Services and accepted by the Corporate office of Morton Buildings, Inc., located in Morton, IL. If the review indicates that local code compliance requires additional charges, Owner will be notified and given the option to cancel the order or proceed at the new price. Prior to acceptance, Morton may reject the Order and discharge all liability to Owner by return of any monies paid by Owner as down payment. Owner will receive written notice of acceptance from the Corporate office. 8. The terms and conditions set forth in this Order constitute the entire agreement between the Parties. No other warranties, representations, including any building visualization produced by graphic software, conditions, proposals or agreements, whether oral or written, shall be binding unless incorporated into this Order which can only be modified by an agreement in writing signed by Owner. 9. Morton shall be excused for any delay in completion of the agreement caused by acts of God; acts of owner, or owner's agents, employees or independent contractors; inclement weather, acts of public utilities, public bodies, or inspectors (but not related to possible defects in Morton's performance); changes requested by Owner; or other contingencies unforeseen by Morton and beyond its reasonable control. Owner acknowledges the approximate Delivery Date on this Order may change and agrees to accept delivery of materials at any reasonable time after the Order has been placed on shipping schedule. 10. After acceptance of the Order, Morton may terminate its obligations under the agreement if embargoes; acts of war or terrorism; inability to obtain transportation, labor or materials or reasonable substitutes for transportation, labor or materials; government restrictions or controls; judicial orders; civil commotion; fire, flood, or other casualty; or any other unforeseen, whether or not foreseeable, causes beyond its reasonable control render performance commercially impracticable under the agreement. © 2017 Morton Buildings, Inc. Owner's Initials MORTON"BUILDINGS,INC. 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 Job: Date: 12/14/2017 Page: 4 of 9 11. Morton may, at its option, terminate its obligations under this agreement if construction costs increase more than 10% from the time of acceptance of the Order until time of placement on transport for shipment. If a greater than 10% increase in construction costs occurs between the time of acceptance and the time of placement on transport for shipment to the Owner, Morton will provide the Owner notice with the option to perform the agreement with the addition of a surcharge reflecting the cost increase related to the project. If Owner does not agree to the surcharge, the agreement will be terminated and Owner will be required to pay Morton all costs plus reasonable markup expended in performance of the agreement to date of termination. 12. Morton may bar occupancy of the project by Owner until Morton has received all payments due under the terms of this Order. Owner may take possession of the building before completion provided all payments have been made and Owner has provided proof to Morton of insurance for the building and contents. Morton's obligation to provide Builder's Risk insurance ceases upon Owner's occupancy or use if such occurs before completion of construction. 13. Morton and its Subcontractors shall, at their expense, obtain and maintain insurance with reputable carriers on all their operations through completion of project, including the following coverages: a. Workers' compensation and employer's liability as required by law; b. Commercial general liability insurance covering all operations; c. Automobile liability insurance, including coverage for all owned, hired and non -owned vehicles; d. Broad form Builder's Risk in a sum at least equal to the agreed price of the Order and any subsequent change orders. 14. Morton disclaims any and all liability for damage to person or property resulting from mold growth within any part of the building envelope due to moisture entering the building envelope prior to Morton's completion of construction, or as a result of damage to or penetration of the building by others. Subterranean termites are a potential source of damage to lumber and other wood products. Treated lumber in columns, splashboards or sill plates will not keep termites out of a building. Pre-treatment of the site, including the area around the columns, splashboards, concrete or block foundations and under floors is recommended. This is especially important in a building with enclosed insulated walls. Only preservative treated lumber in a Morton building is warranted against termites. 15. The drawings provided with this Order are the property of Morton and represent a preliminary layout and rough sketch of a Morton building. Use of these documents for purposes of construction is strictly prohibited. Reproduction of these documents by anyone for any reason without written permission from Morton is prohibited. The actual design of your building will be developed and approved by licensed design professionals if required by law. Plans and specifications developed for this order are incorporated as part of the order as though set forth in detail herein; however, to the extent there may be discrepancies between Building Specifications and plans, Building Specifications supersede and control. 16. Design and construction are based on the Building Use designated in the Building Specifications. Owner accepts all liability and indemnifies and holds Morton harmless for losses, additional expenses or damages, including delay damages, which arise because the building is not used for its intended purpose stated in this Order. 17. In the event that any part of this Order shall be found to be void or unenforceable, such findings shall not be construed to render any other part of the Order either void or unenforceable, and all other parts of this Order shall remain in full force and effect unless the part(s) which is/are found to be invalid or unenforceable shall substantially affect the rights or obligations of either party. 18. Purlin shadowing / oil canning is a normal aesthetic condition of steel roofing and/or steel siding material. 19. This Order (and any change order thereto) may be executed in any number of counterparts, and by each of the parties on separate counterparts, each of which, when so executed, will be deemed an original, but all of which will constitute but one and the same instrument. Delivery of an executed counterpart of this Agreement by fax, email or other electronic means will be equally as effective as delivery of a manually executed counterpart of this Order. Facsimile or scanned signatures on this Order and any related documents, and digital or electronic signatures where authorized under applicable law, will be fully binding for all purposes under this Order, although any documents that are to be recorded must be executed by both parties with original signatures. By accepting goods, by acknowledging receipt of this Order (or any change order thereto), or by allowing commencement of the Work, Owner agrees to the terms and conditions contained in this Order (or any applicable change order), although its agreement to such terms and conditions is not limited to the foregoing methods. This Order (or any change order) may be accepted by Owner without signature. © 2017 Morton Buildings, Inc. Owner's Initials MORTON' BUILDINGS, INC. 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 Construction Planning Warning (06/10) Job: Date: 12/14/2017 Page: 5 of 9 Morton Buildings, Inc. [hereinafter "Morton"] offers complete "turn -key" construction services by acting as General Contractor for your building project. The advantage to you, the Customer, is single -source responsibility for your project which significantly decreases construction delays due to scheduling and coordinating subcontractors. It has been our experience that irreparable damage can be inflicted to the function and aesthetics of buildings by careless installers unfamiliar with the Morton Buildings' system. Additionally, the Limited Warranty provided by Morton may be adversely affected or voided by work performed by other than Morton employees or subcontractors. Naturally, Morton cannot be held liable for the design and workmanship of others. If you decide to manage any aspect of the construction yourself, you must follow these guidelines: 1. Site Preparation If you are responsible for site preparation, your order contains detailed specifications for preparation of your site. Your signature on the order certifies that the site preparer (you or your subcontractor) has read and understood the specifications provided by Morton and has prepared the site accordingly. Please be aware that the structural integrity of your Morton building depends on adequate site preparation; your certification means you accept liability for failure of any portion of the building due to site preparation done by anyone other than Morton or a Morton subcontractor. 2. Building Plan If you elect to construct any portion of the interior of your Morton building, you must provide to Morton, during the planning phase of your building, an interior design layout, including, but not limited to, plans (certified, if required by your local building authorities) for any mechanical, plumbing, fire safety or electrical work to be done inside the building. These plans may necessitate changes to the design of your Morton building. By your signature on the order, you are certifying that you accept financial responsibility for changes made after construction begins if the plans provided during the design phase were inadequate or incomplete requiring additional changes to the Morton structure. Acceptance of your plans by Morton does not relieve you or your contractors from liability for any inaccuracies in the plans. Morton does not review, approve, guarantee or warrant work done by anyone other than Morton or Morton's subcontractors; Morton expressly relies on the accuracy of the plans and documents provided by you when verifying the final design of your Morton building. Please be aware that local Building Code requirements and Life Safety issues may dictate specific building requirements, especially if the building includes living quarters or is used by the public. You expressly accept liability for compliance with all codes, laws and regulations for plans or documents provided by you to Morton. Life safety issues to consider when planning your building include, but are not limited to, sleeping rooms must be provided with emergency escape to the outside by doors or escape windows, walls between the living area and the garage must be separated with a minimum of'/" thick gypsum board on the garage side, floor of living area may be required to be higher than the floor of the garage, and doors between the garage and living area must have a minimum of 20 minute fire rating. Your local or state laws may require different or more stringent construction. It is your responsibility to ensure your scope of work follows all laws and regulations regarding design and construction for life safety. 3. Subcontractors If you intend to directly hire any trade work which will occur prior to or during the construction of your Morton building, you must provide to Morton a list of these subcontractors which includes Name, Address, Phone Number, Trade Type and a proposed construction schedule. Morton will rely on this schedule to plan for construction of Morton's portion of the project. You must arrange for job site supervision of your subcontractors; Morton will not coordinate, schedule, supervise or give any direction or instruction on the job site to anyone other than Morton's employees or Morton's subcontractors. Additionally, Morton will not take responsibility for security or safety of the job site while other than Morton or Morton's subcontractors are physically on the job site; while on the job site with your subcontractors, Morton will only be responsible for the area of work under its direct control or the control of its subcontractors. If the areas of control overlap, you expressly accept all liability for this responsibility. 2017 Morton Buildings, Inc. Owners Initials `> MORTON°BUILDINGS,INC. 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 Job: Date: 12/14/2017 Page: 6 of 9 When Moi -ton's construction crew suffers an unscheduled interruption by other trades who need to install components under, through or in a structural wall, such interruptions will incur additional labor charges. For instance, additional crew labor expenses could occur if holes have to be cut into overhangs or porch soffits or through exterior walls to accommodate Tight fixtures. Delays caused by your subcontractors could also incur additional charges if Morton's estimated completion date is delayed. Insurance coverage on the project provided by Morton will cover only that portion of the project which is within Morton's scope of work up to the value of the Morton contract; therefore, it is your responsibility to make sure your scope of work has adequate coverage for Builder's Risk and any other applicable insurance. 4. Specific Trade Issues Concrete work which affects the structure of your Morton building must be done according to Morton's specifications. Specifications will be provided to you, and the work must be certified by you or your subcontractor before Morton resumes work. Morton expressly relies on this certification, which means that you accept all liability for any defect to your Morton building which results from faulty concrete design or work that you or your contractor has certified meets Morton's specifications. If you hire subcontractors that require puncturing the Morton building's roof system with vent pipes or chimneys, the location of the penetration, the tools used in cutting holes, the sealing around pipes, and the replacement of insulation and vapor retarders must be inspected and approved by Morton's construction supervisors. Failure to do so voids your Morton roof warranty. Mechanical contractors (plumbers, electricians, heating and air conditioning, etc.) may puncture the vapor retarders installed by Morton on the inside of the building. Punctured vapor retarders must be restored and inspected by a Morton employee before walls are covered with finish materials. 5. Installation of Your Products by Morton If you wish to have Morton construction crews install your locally purchased doors and windows, you must provide, with the order to be sent to Morton, manufacturer's specifications (commonly called "cut sheets") for the items you wish to have installed so that such items can be included in the structural plans. Morton does not warrant the products but will guarantee for one year from time of installation that the installation is done in a good and workmanlike manner free from defects. 0 2017 Morton Buildings, Inc. Owner's Initials (14'2). MORTON'BUILDINGS,INC. 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 613 FLUOROFLEX® LIMITED WARRANTY 1. WHAT IS COVERED BY THIS WARRANTY Job: Date: 12/14/2017 Page: 7 of 9 Morton Buildings, Inc. [hereinafter "Morton"] warrants to the Original Purchaser that the building which is the subject of this sale will be free from defects in material and workmanship for the duration of ONE (1) YEAR from substantial completion of the project. "Original Purchaser" is defined as the purchaser who is title holder to the property upon which the building is constructed at the time of purchase. This warranty cannot be transferred to subsequent property owner(s). Morton warrants to the Original Purchaser [hereinafter "Purchaser] the following items for the duration from substantial completion of the project shown in their respective headings. Substantial completion is when Morton's contracted work is complete exclusive of punchlist items. FOR 50 YEARS: - Morton will repair or replace the exterior building structural framework, exterior metal roof and siding panels and trims, windows, walkdoors (if purchased through Morton), cupolas and sliding doors if directly damaged due to snow loads. - Morton will repair or replace preservative -treated lumber if the lumber fails due to fungal decay or insect attack. - Morton will repair or replace any precast concrete column manufactured by Morton if the column has failed. FOR 35 YEARS: - Morton will repaint exterior FLUOROFLEX® metal roof or siding panels manufactured by Morton on which, under conditions of normal weathering, the paint has separated from the panels due to flaking or peeling. - Morton will repaint exterior FLUOROFLEX® metal roof or siding panels manufactured by Morton which, under conditions of normal weathering, exhibit chalking greater than a rating of 8 (ASTM D4214 Method A) or color change greater than 5 units (ASTM D2244). FOR 20 YEARS: - Morton will repaint exterior FLUOROFLEX® metal roof and siding panels manufactured by Morton which, under conditions of normal weathering, exhibit corrosion resulting in red rust greater than 1/2 inch from the panel's sheared edges which is clearly visible in casual observation. FOR 5 YEARS: - Morton will repair roof leaks in metal roof panels manufactured and installed by Morton except those occurring where the building is connected to an adjoining structure. - Morton will repair or replace the exterior building structural framework, exterior metal roof and siding panels and trims, windows, walkdoors (excluding storm doors), cupolas and sliding doors if directly damaged by wind loads. If the purchaser discovers a claim within the applicable warranty period, he must promptly notify Morton. The claim procedure is described in the Owner's Manual. In no event shall such notification be received by Morton Tater than two weeks after the expiration of the applicable warranty period. Within a reasonable time after written notification of a warranty claim has been received, Morton will repair any failure of the building in compliance with this Limited Warranty. Such repairs, including parts, labor and reasonable transportation costs, are at Morton's expense. If Morton is unable to repair the building to conform to the warranty after a reasonable number of attempts, Morton will provide, at its option, one of the following: (a) a replacement part or parts or (b) a full refund of the price of the component part (s) adversely affected up to the amount of the original purchase price of the part. These remedies are the purchaser's sole and exclusive remedies for a breach of warranty. 2. WHAT IS NOT COVERED BY THIS WARRANTY Morton does not warrant: (a) damage caused by use of the building for purposes other than those for which it was designed, such as use of the clear span trusses for overhead storage, for support of ceilings, lifting devices or other equipment unless included in building design; O 2017 Morton Buildings, Inc. Owner's Initials (ii MORTONMBUILDINGS,INC. 252 W. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 Job: Date: 12/14/2017 Page: 8 of 9 (b) defects caused by Purchaser's failure to provide a suitable site for the building if required by the contract; (c) painted metal panels and trims on buildings within 2 miles of a salt water atmosphere or body of salt water; (d) damage to metal panels or trims due to contact with chemicals, soil, gravel, landscape materials or plants including grass or weeds, herbicides, pesticides, concrete or asphalt; (e) damage caused by disasters such as fire, flood, lightning or wind (except as above); (f) damage due to deterioration caused by interior chemical vapors, dust, excessive humidity, condensation, algae, mold, mildew, animal waste or saliva; (g) damage due to flying or falling objects including hail or storm debris; (h) damage to interior walls, interior and backside of exterior metal panels, ceilings, partitions, overhead doors, equipment, vehicles or contents; (i) connections which place additional loadings on other than Morton buildings; (j) component parts delivered to construction site which suffer damage from storage and exposure to weather due to delays caused by someone other than Morton; (k) any product, components or parts not manufactured or installed in the building by Morton; (I) cracking or spalling of concrete flat work that is not considered defective under ACI standards; (m) damage to site due to repair; (n) damage to additions (not made by Morton) due to repair; (o) damage caused by anyone other than Morton's employees or agents; (p) damage caused by other abuse or misuse; (q) normal wear and tear; or (r) cracks and surface imperfections that do not impair function or service life of precast concrete columns are not considered a failure. (s) any products not purchased through Morton This warranty is void if structural members of the building are altered without the written approval of Morton. For a discussion of some of the causes of damage excluded from this warranty, the purchaser should consult the Owner's Manual. 3. NO OTHER WARRANTY AND DISCLAIMER OF WARRANTY Unless modified in writing and signed and dated by both parties, this Limited Warranty is understood to be the complete and exclusive warranty from Morton to the purchaser in connection with the sale of the building. It supersedes all prior warranties, oral and written, and other communication between the parties relating to the building warranty. No employee or agent of Morton or any other party is authorized to make any warranty in addition to those made in this Limited Warranty other than an Officer of Morton. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, AND FITNESS FORA PARTICULAR PURPOSE. 4. LIMITATIONS OF REMEDIES In no case shall Morton be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory. Such damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of use of the building or any associated equipment, cost of capital, cost of any substitute facilities or services, downtime, the claims of third parties including customers, and injury to property. The limitation of consequential damages does not apply for injury to the person in those jurisdictions where such limitation is precluded. Some states do not allow limits on warranties, or on remedies for breach in certain transactions. In such state, the limits in this paragraph and in paragraph 3 above may not apply. 5. ALLOCATION OF RISK This Limited Warranty allocates the risk of product failure between Morton and the purchaser. This allocation is recognized by both parties and is reflected in the price of the building. The purchaser acknowledges that he has read this Limited Warranty, understands it, and is bound by its terms. 2017 Morton Buildings, Inc. Owner's Initials 41 MORTON'BUILDINGS,INC. 252 w. Adams, P.O. Box 399 • Morton, Illinois 61550-0399 Job: Date: 12/14/2017 Page: 9 of 9 Alternate Financial Verification Methods (06/10) This order is in excess of $250,000 and in lieu of the Bank Credit Letter, Morton will require one of the following three (3) forms of financial verification before the order for construction will be accepted. It is the responsibility of the Sales Consultant to acquire this information and get it to the Credit Manager as soon as possible. The three (3) acceptable methods that will be allowed are detailed below: 1. For Amounts of Order greater than $250,000 that are funded by way of loan funds, MBI will require a copy of the signed Loan Agreement between our customer and their Bank. This should NOT be confused with a loan commitment letter. 2. For Amounts of Order greater than $250,000 that the customer has indicated that they will be paying cash for their project, MBI will now require that these monies be set aside in an Escrow account. An Escrow Account will need to be set up with the local Title Company between MBI and the customer. 3. If alternatives (1) or (2) are not obtainable (for example, customer will be paying cash but refuses to escrow the money), a higher financial review will need to be requested by the Sales Consultant. This higher review will be conducted jointly by the Credit Manager and the Director of Finance. Proof of customer's financial net worth will need to be supplied by the Sales Consultant for the Credit Manager and the Director to make the credit determination. 2017 Morton Buildings, Inc. Owner's Initials