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HomeMy WebLinkAboutContractors Agreement: Menominee Park Tennis Court Rehabilitation City OI ushkosh CONTRACTOR AGREEMENT; MENOMINEE PARK TENNIS COURT REHABILITATION CITY OF OSHKOSH T RS AGREEMENT,made on the 91"day of May,2018,by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and NOR FIEAST ASPHALT, INC., W6380 DESIGN DRIVE, GREENVILLE,WI 54942,hereinafter referred to as the CONTRACTOR, 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. Proposal Solicitation 2. This Instrument 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 H. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in.this contract: (Justin Kenneke,Project 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 Wall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.cl.oshkosh.wi.us I ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Ray Maurer,Parks Director) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City Invitation for Bid for tl-ds Project titled "MENOMINEE PARK TENNIS COURT REHABILITATION" dated MARCH 31, 2018, and the contractor's bid form and materials attached as Exhibit A. If artythi-rig in the Bid Form conflicts with the Bid Specificatior-Ls, the provisions in the Bid Specifications shall govern. I 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 no later than September 1,2018. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VIL PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$269,040.00 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 t12is agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIR. CONTRACTOR 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 adm-hustrative 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. Tile 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./CONSULTANT B (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: Mark A. 4ohloff, City Manager (�itj�ess) And: fitness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue 40 Attorne�� under this contract. ,Yana- 1,or-N City Comptroller CITY OF OSHKOSH BITS SPECIFICATIONS: MENOMINTEE P.ARK TENNIS COURT REHABILITATION fD PROPOSAL FORM Page 1.of.2 Friizi�:: d r �� AS � t Cbidde�r�scompanynazri BID PROPOSAL DtADLI E TUESDAY.-MA"Y•,2018 @ 10;00 A,K Date: i Addenda, Receipt of Addenda numbered. A— of are hereby understood, acknowledged and included, in bidder's bid proposal forrT. . If no. addenda were.issued for this project please Nvrite"N/A" abo'v&. In compliance-�arith the advertising,for Bids and hair ng carefully examined the drawings and specification for the �,Voxk 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 relathig to t is.project, the undersigned. proposes to fwmiah ,all Labor, 'Materials and .Equipment xi sary to compete the construct on. indicated on the drawings and described:in.the project manual to,include all described work completed to. the OAAmers' satisfaction. .1 y Submission of this Bid, ,each Bidder.c-e_t fiesr azd in the:case of a joint Bard, each party thereto certifies:as to its o�rn organizat:idn, that this,Bid has been arrived at independently iv fhout consultation, comet-uriication, or agreerrment as.to a matter'rddting to thds Bid and ivith any other Bidder or with any competitor. VVe, the andersi.gned, propose to furnish lall labor and materials.per the project specifications.or noted deviations for the follciivir azoount{s1- TOTAL BASE BID: ��a `� ' a ' ID 0 � ru"Awsand ard -f&� dc_)//aa,_ Base.Bid Price-is llbrds) QJ ALTERNATE BITS I- Install LED light fixtures for Pickieball courts on existing poles; Ic 2.8 C CITY OF OSHKOSH BID SPECIFICATIONS: MENOMINEE PARK TENNIS COURT REHABILITATION BID PROPOSAL FORM Page'2 of 2 Contractor is to split costs for construction of pickleball courts,vs tennis courts. Per cent of base bid for tennis court reconstruction Per cent of base bid for pickleball court reconstruction.—221 Warranty Details: I SIGNATURES Date: '/ Name of Company: C- 0-� Submitted by: (name/title) &JLA-b end wc, Email: 6 11 en,3p (LA CC)('1'I Address of Company: ew'j:)._~D✓ Phone Company.Representative that will be named Prgject Manager for this project;if aw.arded th76h id: , F\ J-) ?—Y�ysjr !'� ou'N- � c t.�--� Name Ti That- I -have exan-deed 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) (4 eix) behalf, and that said statements.are true and correct. Signature 7��, � �- Title �t' 1�r" �f C i\�— 29 CERTIFICATE OF CORPORATE RESOLUTION PART OF THE MINUTES OF MEETING OF DIRECTORS RESOLVED, that Kurt Beclithold, Mark E. Filmanowicz , Kevin Gannon, Brian Endres, Diane Gadzalinski, Kelly Hetherington, Michael Wickler, David L. BeGhthold, Charles E. Bechthold, Brian J. Henken, Jon Leach, Jay Roserneyer, John C. Bartoszek, Carrie Van Vonderen, Brian Enders and Christopher J. Winiecki shall have the authority to sign all contracts for and within the State of Wisconsin and on behalf of Northeast Asphalt, Inc. 1, Mark E. Filmanowicz, do hereby certify that I am the duly elected and qualified Secretary and the custodian of the records of Northeast Asphalt, Inc., a corporation organized and existing under and by virtue of the laws of the State of Wisconsin; that the foregoing is a true and correct copy of a certain resolution duly adopted at a meeting of the Board of Directors of said corporation convened and held in accordance with the law and the bylaws of said corporation on the 61J1 day of March 2018, and that such resolution is now in fall force and effect. IN WITNESS WHEREOF, I have signed my name this Z'4- day of All(W 0-1 P Mark E. Filmanowicz, Secretary inr,\crm\Corporate—ReSDI—NEA—IAII.doc WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AIA DOCUMENT Ci JULY 1980 ED. WIS. A312 0, V) PUBLIC IMPROVEMENT PERFORMANCEILABOR AND MATERIAL PAYMENT BOND 6 THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT 0 TO SECTION 779.14 WISCONSIN STATUTES. < Bond No.30038770 vi KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and addreu or legal title of the Contractor, referred to In Sec.779,14 Wisconsin Statutes as the prime contractor) NORTHEAST ASPHALT, INC. 1524 Atkinson Drive Green Bay WI 54303 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) WESTERN SURETY COMPANY 333 South Wabash Avenue Floor 22 Chicago IL 60604 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) CITY OF OSHKOSH P.Q. Box 1130 Oshkosh WI 54903-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Two Hundred Sixty Nine Thousand Forty and oo/i ooDollars ($ 269,040,00 (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these.,presents. WHEREAS, NORTHEAST ASPHALT, INC. Principal has by written agreement dated 6/12/2018 entered into a contract with Owner for Purchase Order#180818-00, Menominee Park Tennis Court Improvements,Oshkosh,Wisconsin. in accordance with drawings and specifications prepared by (Here insert full name, title and address) 11 which contract is by reference made a part hereof and is required by Section 779.14,Wisconsin Statutes, The said written agreement, drawings, specifications and amendments ra are hereinafter referred to as the Contract. 0 PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL.BOND TWO PAGES WIS.AIA DOC.WIS.A312AUGUST. 1989ED. PAGE I Copr. 1969 Wisconsin Society of Architects/AIA 321 S.Hamilton St. Madison,Wis.53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal "I faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con. reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 21 st— day of June a 2018 IN THE PRESENCE OF: NORTHEAST ASPHALT, INC. Priwipal Corporate Seat not required P By-, pursuant to § ]a%0120 3(c) witnm 71d" &rla^ C—raLr5i AVW* WESTERN SURETY COMPANY tqam* of Surety By: (sea]) wimm Tuh: Kell Cady Attorney-in-Fact APPROVED BY* IN THE PRESENCE OF: Owner By: (seal) witnem nde. *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC,WIS.A312 AUGUST 1989 ED. PAGE 2 Western Sure ty 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 Kelly Cody, Roxanne Jensen, Christopher Hovden, Individually of Green Bay, Wisconsin Trudy A. Szalewski, Christopher H. Kondrick, Brian Krause, Individually of Milwaukee, Wisconsin its true and lawful Attorricy(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 fly 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-l-aw 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 24th day of January,2018. WESTERN SURETY COMPANY D aul T.13111flat,Vice President State of South Dakota County of Minnehaba ss On this 24th day of January,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 June 23,2021 CERTIFICATE J.Mohr,Notary Ru—bli'e- 1, 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 corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed 1 11 my name and affixed the seal of the said corporation this--- Kf day of 9W? WESTERN SURETY COMPANY 'W1 —� Form F4280-7-2012 L.�N,1,.n,Assistant Secretary Go to www.cnasurgty.COrn>Owner Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seat is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AIA DOCUMENT ci JULY 1980 ED. WIS, A312 PUBLIC IMPROVEMENT PERFORMANCEILABOR, AND MATERIAL PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT o 0 TO SECnON 779.14 WISCONSIN STATUTES, Bond No.30038770 Vi KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) NORTHEAST ASPHALT, INC. 1524 Atkinson Drive Green Bay WI 54303 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) WESTERN SURETY COMPANY 333 South Wabash Avenue Floor 22 Chicago IL 60604 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) CITY OF OSHKOSH P.O. Box 1130 Oshkosh WI 54903-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Two Hundred Sixty Nine Thousand Forty and 00/1 ooDollars ($ 269,040.00 (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by them preser%ts, WHEREAS, NORTHEAST ASPHALT, INC. Principal has by written agreement dated 6/12/2018 entered into a contract with Owner for Purchase Order#180818-00, Menominee Park Tennis Court Improvements,Oshkosh,Wisconsin. in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof and is required by Section 779.14,Wisconsin Statutesq The said written agreement, drawings, specifications and amendments > to as the Contract. are hereinafter referred C: PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312AUGUST. 1989ED, PAGE I Copr, 1969 Wisconsin Society or Architects/AIA 321 S.Hamilton St. Madison,Wis.53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con. reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 21 st— day of June y 2018 IN THE PRESENCE OF: 4. 1� NORTHEAST ASPHALT,INC. Corporate Seat not required VIZ 110'k By: Pursuant to&-1180,0120 3(c) J6 u r q 'Awil Th WESTERN SURETY COMPANY Name of surety By- (Sea]) witnew— Ti&: Kelly Cod --- Attorney-in-Fact APPROVED BY* IN THE PRESENCE OF: Chvou Hyz (SOO) witnew *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2 AutbnriziuABy'Luw ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-l.aw duly adopted by the shareholders v[the Company. 3"ckoo 7. All houdu, policies, ouduxvkingm, yonox of' Attorney, nr other obligations o[the corporation shall be executed in the corporate oumo of'the Company by the PreoiUeot. Suoutmy. and Ax"ixmn/ 8ccm/wY` Treasurer, or any Vice P,oxidont, or by such u&cr o0nom as the Board of Directors may authorize. The Poxidcu'` any Vice President, Scvnctmy. any 4oxix/unt Socm'u,y. or the 7muxvro, may appoint Attorneys in Fact or agents who xbuU have authority to i,mc h*ndx, pv|icion, or undertakings in the name of the Company. The corporate x,u] is no/ oucc,,my for the vo|iWY/ of any boodx, pu|ioiox. vodcuakin0x. 9*vom of Attorney or other vh|iQ*ioux of/he corporation. The signature v[any such officer and the corporate xcu| may hc printed hyfacsimile. WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS WIS. AIA DOCUMENT JULY 1980 ED. WIS. A312 rn PUBLIC IMPROVEMENT PERFORMANCEILABOR AND MATERIAL PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT 0 TO SECTION 779.14 WISCONSIN STATUTES, Bond No.30038770 KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) NORTHEAST ASPHALT,INC. 1524 Atkinson Drive Green Bay WI 54303 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) WESTERN SURETY COMPANY 333 South Wabash Avenue Floor 22 Chicago IL 60604 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) CITY OF OSHKOSH P.O.Box 1130 Oshkosh WI 54903-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Two Hundred Sixty Nine Thousand Forty and 0o/1 ooDollm ($ 269,040.00 (Here insert a sum at [cut equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by thesft,preseiAts. WHEREAS, NORTHEAST ASPHALT, INC. Principal has by written agreement dated 6/12/2018 entered into a contract with Owner for Purchase Order#180818-00,Menominee Park Tennis Court Improvements,Oshkosh,Wisconsin. in accordance with drawings and specifications prepared by (Here insert full name, title and address) 11 which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, to The said written agreement, drawings, specifications and amendments > C" are hereinafter referred to as the Contract. 0 PUBLIC IMPROVEMENT G W PERFORMANCE/LABOR-MATERIAL,BOND TWO PAGES WIS.AIA DOC,WIS.A312AUGUST, 1989ED. PAGE I Copr.1969 Wisconsin Socicty of Architects/AIA 321 S.Hamilton St. Madison,Wis.53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779,14, Wisconsin Statutes, is such that, if the'Principal Shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con. reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 21 St- day of June 2018 IN THE PRESENCE OF: NORTHEAST ASPHALT, INC. Pri-iP-J— CorPo—raTe—Sea Tnit required c `2' pursuant to § 180.0120 3(c) (seal) Title: &rlav\ C- 6rok-rs WESTERN SURETY COMPANY Surety (Seal) witnew Tide: Kelly Cq(iy Attorney-in-Fact APPROVED BY* IN PRESENCE OF: Owner (Sea)) wituen nde: *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding siding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS,AIA DOC.WIS,A312 AUGUST 1989 ED. PAGE 2 Western Surety C.�ompany 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 Kelly Cody, Roxanne Jensen, Christopher Hovden, Individually of Green Bay, Wisconsin Trudy A. Szalewski, Christopher H. Kondrick, Brian Krause, Individually of Milwaukee, Wisconsin 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 sarne 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 24(h day of January,2018. gU,,,.,,.ti WESTERN SURETY COMPANY .......... ""0, a- awl T.Bruflat,Vice President State of South Dakota County of Minnebalia ss On this 24th day of January,2018,before me personally carric Paul T,Brutlat,to me known,who,being by me duly sworn,(lid 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 inStRullent;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 narne thereto pursuant to like authority, and acknowledges sarne to be the act and deed of said corporation. My commission expires J. OHR NOTAAYPUBLIC June 23,2021 SOUTH WXOTA CERTIFICATE J.Mohr,Notary Public 1, 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 corporation printed on the reverse hereof is still in force, In testimony whereof I have hereunto subscribed my nanic and affixed the seal of the said corporation this f day of WESTERN SURETY COMPANY Form F4280-7-2012 L.Nelson,Assistant Secretary Go to www.cnasuret)Lcom>Owner Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing Ily-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. 'The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate sea] may be printed by facsimile.