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HomeMy WebLinkAboutFull Service Organics Management Anaerobic Digester Cleaning 2019 ORIGINAL cityllippr 1354 of Oshkosh CONTRACTOR AGREEMENT: ANAEROBIC DIGESTER CLEANING SERVICES THIS AGREEMENT, made on the 27th day of MARCH, 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FULL SERVICE ORGANICS MANAGEMENT, LLC, 1037 260th STREET, WOODVILLE, WI 54028, hereinafter referred to as the CON 1EACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named,enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement,in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Proposal Solicitation 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (LUKE ELLMAN, SENIOR OPERATIONS MANAGER) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager.The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE • The City shall assign the following individual to manage the project described in this contract: (KEVIN SORGE, WWTP SUPERINTENDENT) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled "ANAEROBIC DIGESTER CLEANING: WASTEWATER TREATMENT PLANT" dated February 1, 2019, and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than August 31, 2019. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$58,000.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CON 1KACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor,his agents or assigns,his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or ad- judged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. • In the Presence of: CONTRACTOR -- ,e-/ -____ By: (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: Mark A. ohloff, City Manager ( i ss Andb a_471-1_ (.11CMY-N, itness) Pamela R. Ubrig,City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ity ttorney JrwaJdfutoil\-\ City Comptroller rrA CITY OF OSHKOSH ANAEROBIC DIGESTER CLEANING SERVICES BID PROPOSAL FORM Page 1 of 2 From: F✓ //Sery ic-e-D c I?a_nut,einen LLe_ (bidder's company name) BID PROPOSAL DEADLINE: THURSDAY,FEBRUARY 21,2019 @ 10:00 A.M. Date: Z—/Z Addenda: Receipt of Addenda numbered ' of d are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write "N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work,the rules,regulations,laws,codes,ordinances,and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor,Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid,each party thereto certifies as to its own organization,that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): D Mobilization and Demobilization $ SOD Unit price per dry ton for removal of approximately 100 Dry tons of solids delivered to the Outagamie County Landfill a0 100 dry tons (more/less) y Z 5 x 100 dry tons $ '/ Z; Soo Unit Price TOTAL LUMP SUM BID: $ 3 6; Dp0 Work to commence in 0/13n rl after receipt of order Terms: 'G'e/ 3 e 27 CITY OF OSHKOSH ANAEROBIC DIGESTER CLEANING SERVICES BID PROPOSAL FORM Page 2 of 2 SIGNATURES Date: Z-/2 Name of Company: t.//Seri,;ce e69 Submitted by: (name/title)A c.A /, 1an PA-C7/0e/diem., Email: re//rn 4,,of spin.n eA,e �c,4 Address of Company:/c'3) 260' Sf' 4/oaafe17, Phone: ?Z o-373-C 2ofi Company Representative that will be named Project Manager for this project,if awarded the bid: L v 4 e f//Ph a 2 ©ps Name Title That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal;that I have full authority to make such statements and submit this Proposal in(its)(their)behalf, and that said statements are true and correct. Signature Title k, 28 CNA SURETY Bid Bond • Bond No. 72125280 CONTRACTOR: SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and address) (Name, legal status and principal place Full Service Organics Management, LLC of business) 1037 260th Street 333 S. Wabash Avenue Woodville, WI 54028 41 st Floor Chicago, IL 60604 This document has important legal consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or City of Oshgosh modification. City Hall, 215 Church Avenue Any singular reference to PO Box 1130 Contractor, Surety,Owner or Oshgosh, WI 54903-1130 other party shall be considered plural where applicable. BOND AMOUNT: 5%of Bid Amount PROJECT: (Name, location or address,and Project number, if any) Anaerobic Digester Cleaning: Wastewater Treatment Plant The 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 terms 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 specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term 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 provision 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 21st day of February 2019 Full Servi Organics Management, LLC piantaize,e,"00-- (Princi C (Seal) (Wss) (Title Western Surety Company • s 6 O '151k..) (Suret 1 (Seal) W ess) ' �,► _(Title)*4.4 : Weisbrot ,Attorn `' a� ♦ . *'s` Printed in cooperation with the American Institute of Architects MIA). ,a age ye a. �0 .� The language in this document conforms to the language used in AIA Document A310-Bid Bond-2010 Edition. ' I ��r • • ..,,n Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint John D Weisbrot, Patricia A Tinsman, Steven Michael Varga, Melissa Lynn Mc Dade, Individually of Pipersville,PA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 22nd day of October,2018. sw'Err WESTERN SURETY COMPANY V4 _74:7111.-Z7- 0"-- T"° aul T.Bruflat Vice President State of South Dakota ss County of Minnehaha On this 22nd day of October,2018,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires J.MaHFI June 23,2021 IThD"`0`"� 1 )-77)9161f1/L} J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth iyeitli}lfonog,.� and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto,Fttbsci9be��y�tratrtlf;t` and affixed the seal of the said corporation this 21st day of February , 2019 - -s p t fit : SyRET} WESTERN SURETY -C MP.As ' \" A`'4' ti .. L.Nelson,A_Sistan rettitsy"' Form F4280-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. . ., WESTERN SURETY COMPANY . Sioux Falls, South Dakota Statement of Net Admitted Assets and Liabilities December 31,2017 ASSETS Bonds $ 1,895,156,151 Stocks 28,408,086 Cash, cash equivalents, and short-term investments 24,679,133 Receivables for securities 7,500,016 Investment income due and accrued 22,426,771 Premiums and considerations 37,932,713 Amounts recoverable from reinsurers 1,562,035 Current federal and foreign income taxes recoverable from CNA Financial Corporation 3,481,084 Net deferred tax asset 10,688,834 Receivable from parent, subsidiaries, and affiliates 11,647,470 Other assets 10,215 Total Assets $ 2,043,492,508 LIABILITIES AND SURPLUS Losses $ 201,046,845 Loss adjustment expense 57,918,199 Commissions payable, contingent commissions and other similar charges 10,047,343 Other expenses (excluding taxes, license and fees) 943,877 Taxes, License and fees(excluding federal and foreign income taxes) 3,447,669 Unearned premiums 223,752,269 Advance premiums 5,436,181 Ceded reinsurance premiums payable 1,720,726 Amounts withheld or retained by company for account of others 7,338,456 Provision for reinsurance 239,534 Payable to parent, subsidiaries and affiliates 12,934 Payable on security transations 4,000,000 Other liabilities 367,837 Total Liabilities $ 516,271,870 Surplus Account: Common stock $ 4,000,000 Gross paid in and contributed surplus 280,071,837 Unassigned funds 1,243,148,801 Surplus as regards policyholders $ 1,527,220.637 Total Liabilities and Capital $ 2,043,492,508 I, Troy,Wr ,,,s4ssistant Vice President of Western Surety Company hereby certify that the above is an accl t pe• /:xion of the financial statement of the Company dated December 31, 2017, as filed w ate•'• islrs• +�• ance Departments and is a true and correct statement of the condition of Western Si c•.' 's` that date. ,„tUt•rrll,rn. 4 F _ Western Surety Company '�d b .'••,' 3. '�E AV *�' Y '••,,�� ii iiiikt '� Assistant Vice Pr ent •�� �,� 'c t, :�- Subscribed and sworn to me this 8th day of March , 2018. I. �'•. �sitw o3 k My commission expires: YOLANDA JIMENEZ ,•i„,. ''11••.•.".; e:,6+/ :e.3 OFFICIAL SEAL ++ +' •fit/``61 . Notary Public,State of Illinois • +• • '��+,+r+,w,,,ire+�+ 1101/4. f .J My Commission Expires Not.ei bIic40 "��•�� 5 ember 2 2011 CNA SURETY Performance Bond Bond No. 72153289 CONTRACTOR: SURETY: Western Surety Company:South Dakota Corporation (Name, legal status and address) (Name, legal status and principal place Full Service Organics Management, LLC of business) 1037 260th Street 151 North Franklin Woodville, WI 54028 17th Floor Chicago, IL 60606 This document has important legal consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. City of Oshkosh 215 Church Avenue Any singular reference to PO Box 1130 Contractor, Surety, Owner or Oshkosh, WI 54903-1130 other party shall be considered plural where applicable. CONSTRUCTION CONTRACT AIA Document A312-2010 Date: March 27, 2019 combines two separate bonds, a Performance Bond and a Amount: $58,000.00 Payment Bond, into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) 2019 Digester Cleaning Services BOND Date: May 7, 2019 (Not earlier than Construction Contract Date) Amount: $58,000.00 Modifications to this Bond: ❑✓ None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Full Service Organics Management, LLC Western Surety Comp. y 1110,111t, � 1 Signatu •_ Signature: /I Name rtd ' "/ Name John D. ?°sbrot and Title: 57/S'7/7 and Title:Attorney-In-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: JW Bond Consultants, Inc. (Architect,Engineer or other party:) 6023A Kellers Church Road Pipersville, PA 18947 Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. 1 §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated, without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors,administrators, successors and assigns. § 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision 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. §14 Definitions §14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in A/A Document A312-Performance Bond-2010 Edition. 3 CNA SURETY • Payment Bond Bond No. 72153289 CONTRACTOR: SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and address) (Name, legal status and principal place of business) Full Service Organics Management, LLC 1037 260th Street 151 North Franklin Woodville, WI 54028 17th Floor Chicago, IL 60606 This document has important legal consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. City of Oshkosh 215 Church Avenue Any singular reference to PO Box 1130 Contractor, Surety, Owner or Oshkosh, WI 54903-1130 other party shall be considered plural where applicable. CONSTRUCTION CONTRACT AIA Document A312-2010 Date: March 27, 2019 combines two separate bonds, a Performance Bond and a Amount: $58,000.00 Payment Bond, into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) 2019 Digester Cleaning Services BOND Date: May 7, 2019 (Not earlier than Construction Contract Date) Amount: $58,000.00 Modifications to this Bond: None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Full Service Organics Manage nt, LLC Western Surety Company Signature: Signature: Name etlnat 4.e Name John D. Orsbrot and Title: s//Si//'7 and Title: Attorney-In-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: JW Bond Consultants, Inc. (Architect,Engineer or other party:) 6023A Kellers Church Road Pipersville, PA 18947 Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A312-Payment Bond-2010 Edition. 5 §10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to,or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision 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. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms"labor, materials or equipment"that part of water,gas,power,light,heat,oil, gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in A/A Document A312-Payment Bond-2010 Edition. 7 • Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint John D Weisbrot, Patricia A Tinsman, Steven Michael Varga, Melissa Lynn Mc Dade, Individually of Pipersville,PA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 22nd day of October,2018. WESTERN SURETY COMPANY OAgl`^,v = s. stAv D Paul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 22nd day of October,2018,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR warun vu'uic June 23,2021 `O ''�R1 vuig� 1 ):-7Y)44111/L} J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corpora ri don th ev s hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this ay of ,�)'l�/)r[// `---- ESTERN SURETY COMPANY ;has c.. c J POR �+l"'s H'c.1) Ogg' n' •••"�vrM DPKOF kitteljrre(r J/ t. Nelscci.,Assistant Secretary Fenn F4280-7-2012 Go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. .l WESTERN SURETY COMPANY Sioux Falls, South Dakota Statement of Net Admitted Assets and Liabilities December 31, 2018 ASSETS Bonds $ 1,935,428,756 Stocks 28,070,811 Cash,cash equivalents, and short-term investments 28,110,934 Receivables for securities Investment income due and accrued 17,684,883 Premiums and considerations 48,092,741 Amounts recoverable from reinsurers 2,689,618 Current federal and foreign income tax recoverable and interest hereon 109,624 Net deferred tax asset 11,721,985 Receivable from parent, subsidiaries,and affiliates 11,902,908 Other assets 23,233 Total Assets $ 2,083,835,493 LIABILITIES AND SURPLUS Losses $ 216,656,892 Loss adjustment expense 58,374,620 Commissions payable, contingent commissions and other similar charges 10,355,618 Other expenses(excluding taxes, license and fees) - Taxes,License and fees(excluding federal and foreign income taxes) 3,752,460 Federal and foreign income taxes payable 1,295,647 Unearned premiums 240,838,348 Advance premiums 5,412,052 Ceded reinsurance premiums payable (net of ceding commissions) 61,346 Amounts withheld or retained by company for account of others 5,262,414 Provision for reinsurance 182,147 Payable to parent, subsidiaries and affiliates - Payable on security transactions - Other liabilities 76,602 Total Liabilities $ 542,268,146 Surplus Account: Common stock $ 4,000,000 Gross paid in and contributed surplus 280,071,837 Unassigned funds 1,257,495.510 Surplus as regards policyholders $ 1,541,567.347 Total Liabilities and Capital $ 2,083,835.493 ouiarn,„ I, V. . w .y Vice President of Western Surety Company hereby certify that the above is an act :,ee+'re r"g- i,,n of the financial statement of the Company dated December 31, 2018, as filed . -! ce Departments and is a true and correct statement of the condition of Western Etta' ompanye .hat date. Western Surety Company ;` SE ph% *i Srs4U µOAPs By i COui 6 GG� 1 �y rH Dp` ��,` 'Vice l re$ident ��/�JIf111N+14��� Subscribed and sworn to me this 19th day of March ,2019. My commission expires: YOLANDA JIMENEZ . _.' OFFICIAL SEAL By -m d 0i+I/. .0 4,.... ,.ia/ _ _J t/= . Notary Public,State of initials �\ C vl My Commission Expires . t.: r Ub11t'p ".77 Se. m sr 24 2021 .�