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HomeMy WebLinkAboutCell Cite Solutions - Ansborough Ave Fibert Hut - 11.20.2023FORM OF BID OR PROPOSAL F.V. 2024 3221 ANSBOROUGH AVENUE FIBER HUT CONTRACT NO.1 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa 1. The undersigned, being a Corporation existing under the laws of the State of ..��ch- , a Partnership consisting of the following partners: (i11$k cducivipieog UC ,having familiarized (thernselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with the General Specifications and Project specifications, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2024 3221 AN5B0RaUGH AVENUE FIBER HUT, all in accordance with the General Specifications and Project Specifications and for the unit prices for work in place for the followirig items: 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. BID UNIT EST QTY UNIT BID PRIG TOTAL BID PRICE ITEM 'DESCRIPTION 1 FIBER HUT FOUNDATION LS $2(000 $ 2P 006 2 GROUND FIELD WORK LS 1 $ 7 OS� $ 7250 3 ELECTRIC UTILITY SERVICE WORK LS 1 $ V#.5f 301) $ [3, 301) 4 MOBILIZATION LS 7. $ 'i, Oz) $ 7, gau TOTAL BID SUBMITTED BY: £L!i Sf 5frf,i$, IJC (BIDDER) 4160 C _S T S to Cd.cfcAi- ,%ee6; /#4 52deogi (ADDRESS) SIGNED BY: CFO (TITLE) /)/5 2.0y3 ACCEPTED BY CITY OF WATERL00: Querc&rz SIGNED BY: Mayor (TITLE) (DATE) 11/20/2023 (DATE) BID PROPOSAL FY 2024 3221 ANSBOROUGH AVENUE FIBER HUT PAGE 1 OF 1 Bond No. 100200724 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Cellsite Solutions, LLC of Cedar Rapids, IA (the "Principal"), and Merchants National Bonding, Inc. of Des Moines, IA (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Fifty Four Thousand Nine Hundred Fifty and 00/100 Dollars ($ 54,950.00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about /llave.,Le, 204 , 1oz3 for the purpose of F.Y. 2024 3221 Ansborough Avenue Fiber Hut, Waterloo, Iowa . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Performance Bond Page 1 of 2 Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of / /i3/2a23 PRINCIPAL SURETY Cellsite Solutions, LLC Merchants National Bonding, Inc. Name Name By: 1/ ""c By: Title: cro Title:finders, Attorney-in-F cI_ [attach Power of Attorney] Performance Bond Page 2 of 2 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 3 of 2 Bond No. 100200724 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Cellsite Solutions, LLC (Name of Contractor) 4150 C St SW Cedar Rapids, IA 52404 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, Merchants National Bonding, Inc. (Name of Surety) P.O. Box 14498 Des Moines, IA 50306-3498 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo Public Works Department (Name of Owner) 625 Glenwood Street Waterloo, IA 50703 (Address of Owner) Fifty Four Thousand Nine hereinafter called OWNER, in the penal sum of Hundred Fifty & 00/100 Dollars,($54,950.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the Zaft, day of A%t.c.At er 20 2.3, a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2024 3221 Ansborough Avenue Fiber Hut, Waterloo, Iowa NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in three counterparts, each one of (number) which shall be deemed an original, this the /3a'i.. day of Oc-r_e.. .-c.r 20 Z3. ATTEST: 70- (SEAL) r /916,1 (Principal) Secretary .� AMANDA M. MEE F Coma lion Number 823099 My t'om nission Expires January 13, 2026 itriess as to Principal -(I'() Cs ] S Val Cellsite Solutions, LLC Principal By VX€41. •(s) 4150 C St SW (Address) Cedar Rapids, IA 52404 (Address) yea o ( f L 1 i d St J4 J52 I -/ Merchants National Bonding, Inc. TT77 77 Surety ATTE Witne . Surety 2727 Grand Prairie Parkway -in-Fact Kate Zanders (Address) Des Moines, IA 50306-3498 (Address) Waukee, IA 50263 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. MERCHANTS BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Anne Crowner; Bailey Beach; Ben Williams; Brian J Oestreich; Brian M Deimerly; Cameron M Burt; Cindy Bennett; Colby D White; Craig E Hansen; D Gregory Stiffs; Dione R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Rasmussen; Graydon Dotson; Greg Krier; Jay D Freiermuth; Jennifer Marino; Jessica Jean Rini; Jessie Allen; Joe Tiernan; John Cord; Joshua R Loftis; Kate Zanders; Keeton Welch; Mark R DeWitt; Mark Sweigart; Mary Ashley Allen; Megan A Brown; Michelle R Gruis; Nathan Weaver; R C Bowman; Sara Huston; Sarah C Brown; Seth D Rooker; Ted Jorgensen; Tim McCulloh; Todd Bengford; W R Withrow their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of November 2023 ca; v0 qr'.y: . mr• • C44 R9�;.Zs .._, e ' 2003 .,p :1. y 1933 c By 7-r-7/4, b. -AS 1V•............ .. '....Ni...3.•••••,� .. ..•��,•• President STAT-g OF IOWA; - '•. 1 ' .•' • CD -LINTY OF DALLAS gs. •''.......''• On this . 8th- day of November 2023 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that lie is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee Commission Neer 702737 My Commission Expires April 14, 2024 (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of •d.u.14.... .••'_'•• :6y�p8POR,4:.0: • •y4;4(1POgq••9• pCi� �: •z: �73. Z' 6' 1933 ; c; Secretary t� MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY POA 0018 (10/22) Notary Public SURETY BOND NO. 10ozo0684 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, Cellsite Solutions, LLC , as Principal (hereinafter the "Contractor" or "Principal" and Merchants National Bonding, Inc. , as Surety are held and firmly bound unto City of Waterloo, Iowa , as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of One Hundred Twenty -Nine Thousand Five Hundred Ninety Two and 00/100 dollars ($129,592.00 ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the 26th day of September , 2023 , hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: 2023 PREFABRICATED SHELTER, CONTRACT NO. 1087 The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a prefabricated concrete communication shelter that will securely house the network equipment, power systems, and supporting environmental components required to operate the Waterloo Fiber FTTU network for the Owner (the Project). The shelter will be located at Fire Station 6, 3233 Ansborough Ave, Waterloo, IA 50701 (See Attachment D — Site Location). (CON'T — PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. Provided, however, that one year after the date of acceptance as complete of the work under the above referenced Contract, * the maintenance portion of this Bond shall continue in force but the penal sum for the remaining maintenance period identified in #3 below shall be reduced to the sum of (insert an estimated dollar value to maintain the completed proiect, if lower than the contract price, for the remaining period identified in #3 below, otherwise delete the sentence) DOLLARS ($ ** ), which is the cost associated with those items shown on the proposal and in the Contract that require a maintenance bond period in excess of one year. *Per Exhibit A and Exhibit B ** $129,592.00 It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations fumishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from all work except new paving to be performed under the Contract within the period of two year (s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; and B. To remedy any and all defects that may develop in or result from new paving work to be performed under the Contract within the period of two year (s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; C. To keep all work in continuous good repair; and D. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. E. Maintenance bond requirements shall not apply to the following: work that is not permanently incorporated into the project, pavement markings, seeding, sodding, and plant material and planting. (CON'T — PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than five years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys' fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. (CON'T — PERFORMANCE, PAYMENT AND MAINTENANCE BOND) In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Black Hawk County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a word, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project No. J0? 7 (CON'T — PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) PRINCIPAL: Cellsite Solutions, LLC By Contractor (FE Signature SURETY: Attorney -in -Fact Officer Kate Zanders, Attorney -in -Fact Title Printed Name of Attorney -in -Fact Officer FORM APPROVED BY: NOTE: Holmes, Murphy and Associates LLC Company Name 2727 Grand Prairie Parkway Attorney for Jurisdiction Company Address Waukee, IA 50263 City, State, Zip Code (515) 223-6800 Company Telephone Number 1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This bond must be sealed with the Surety's raised, embossing seal. 3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. 4. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. EXHIBIT A Waterloo Fiber Locally Owned and Operated 625 Glenwood St Waterloo, IA 50703 (319) 291-0175 contact@waterloofiber.com BILL TO CellSite Solutions Purchase Order DATE PO # September 26, 2023 2023092601 PREPARED BY Eric Lage DESCRIPTION Prefabricated Shelter Installment 1 Prefabricated Shelter Installment 2 Prefabricated Shelter Installment 3 AMOUNT 60,750.00 30,375.00 30,375.00 TOTAL 121,500.00 If you have any questions concerning this PO, please reach out to Eric Lage at (319) 291-0175 or ericl@reinbeck.net. EXHIBIT B CITY OF Request ( TERLOO TRUST 1 ✓ p SOLUTIONS GROUP c xy w Opportunity Change Order Type Turnkey Retainage Change Order Name: Construction Contractor Name (Attn) Magellan Project Manager: Client, Owner (Attn) -� No CR-2023-0004 ITG Michael Regan PM Broadband Implementation City of Waterloo/Waterl oo Fiber Will Be Subject To The Withholdings and Release Set Forth in The Specification Manual - Notice To Bidders Section: Methods of Payment To Contractors Change Order Cost: $8,092.00 Request Date: 9/27/2023 Michael Regan Requested By: g PM Broadband Implementation Warren Lyon Magellan Sign Off y Director of Implementation 3 ... Change Request,Ove Description of Change (include location) The following Change Order has been created to account for missing sales tax in the awarded RFP/quote from CellSite Solutions for the 12'x20' Previously Deployed Andrew Concrete Shelter. Reason for Change Sales tax was not included in the original bid quote. Correct total pricing $129,592.00 has been confirmed by CellSite Solutions. Original RFP/quote $121,500.00 did include Material Submittals,Specifications not applicable sales tax of $8092.00 for the 12'x20' shelter. Labor Description Qty/Phase 0 Unit Type Price/Phase O Total Price $0.00 $0.00 $0.00 $0.00 Material Description 12'x20' Previously Deployed Andrew Concrete Shelter 1 EA $8,092.00 $8,092.00 EA $0.00 EA $0.00 TOTAL: $8,092.00 $8,092.00 Location Work Order 4 Labor Itemized Breakdown of Work Description Quantity Unit Price Amount $ xss CR Labor Subtotal Materials 12'x20'Previously Deployed Andrew Concrete Shelter Increase of $8092.00 in pricing tor 12'x20' Previously Deployed Andrew Concrete Shelter. Original pricing $121,500.00, updated pricing on 9/27/23 to $129,592.00. 1 $ 8,092.00 $ 8.092.1)0 S CR MaterralsSubtotal $.. - 8,092.00 Magellan Sign -Off Print Name / Title: Warren Lyon Director of Implementation Signature: Date: 10/2/2023 Contractor Manager (not needed for design change requests) Print Name / Title: Signature: Date: Mat Hennings, CFO 10/2/2023 Client/Owner (Attn) Print Name / Title: Signature: **End** MERCHANTS► BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Anne Crowner; Bailey Beach; Ben Williams; Brian J Oestreich; Brian M Deimerly; Cameron M Burt; Cindy Bennett; Colby D White; Craig E Hansen; D Gregory Stiffs; Dione R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Rasmussen; Graydon Dotson; Greg Krier; Jay D Freiermuth; Jennifer Marino; Jessica Jean Rini; Jessie Allen; Joe Tiernan; John Cord; Joshua R Loftis; Kate Zanders; Keeton Welch; Mark R DeWitt; Mark Sweigart; Mary Ashley Allen; Megan A Brown; Michelle R Gruis; Nathan Weaver; R C Bowman; Sara Huston; Sarah C Brown; Seth D Rooker; Ted Jorgensen; Tim McCulloh; Todd Bengford; W R Withrow their true and lawful Attorney(s)-in-Fact, to sign its name as surely(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of November , 2023 . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/bla MERCHANTS NATIONAL INDEMNITY COMPANY By STATE 07 IOWA ••., {7 .•• COUNTY OF DALLAS ss. 77'- On this 8th day of November 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this �•.••Q,•t10 Nq� •• POA 0018 (10/22) P 0 P4f :s< • y: r-:x o- n': • : 1933 .. *•. •• �ti• Notary Public 30th day of November , 2023 . ‘ZO'1,,0A1 • Secretary