HomeMy WebLinkAboutCustofoam Corp /Menominee Kiwanis Shelter roofDocusign Envelope ID: 30E3F356-9805-4DE4-91BC-0276905E83C3
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Oshkosh
CONTRACTOR AGREEMENT:
OSHKOSH MENOMINEE PARK KIWANIS SHELTER ROOF REPLACEMENT
THIS AGREEMENT, made on the 29TH day of JANUARY, 2025, by and between the CITY OF OSHKOSH,
party of the first part, hereinafter referred to as CITY, and CUSTOFOAM CORPORATION, N4929
STATE ROAD 58, MAUSTON, WI 53948, 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:
A. This Instrument
B. Proposal Solicitation
C. 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. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to manage
the project described in this contract:
(Adam Buchmeir, 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
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, W154903-1 130 http://www.ci.oshkosh.wi.us
Docusign Envelope ID: 30E3F356-9805-4DE4-91BC-0276905E83C3
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.
COPY
ARTICLE Ill. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Mike Blank, Facilities Project Coordinator)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project
titled "MENOMINEE PARK- ROOF REPLACEMENT" dated November 26, 2024, Addendum 1 of 1
dated December 23, 2024 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 Contractor shall complete the project by June 1, 2025. Any changes to the 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 $57,047.00, adjusted by any changes
hereafter mutually agreed upon in writing by the parties hereto.
B. Fee schedules shall be firm for the duration of this Agreement.
i. 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.
ii. 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.
Docusign Envelope ID: 30E3F356-9805-4DE4-91BC-0276905E83C3
ARTICLE VIII. STANDARD PROVISIONS YY
The CONTRACTOR agrees in all hiring or employment made possible by or sT etltiuyi"t ni th s
agreement, there will not be any discrimination against any employee or applicant or emp!-0`y=1 Lt
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
ARTICLE IX. 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 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 adjudged 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 X. 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 XI. TERMINATION
C. 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.
D. 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.
SigLiatures. By placing their signatures below, each individual affirms that the entity they represent is
authorized to enter into this Agreement, and further affirm that they are authorized by the entity they
are representing to bind their respective parties to the terms and conditions of this Agreement.
Docusign Envelope ID: 30E3F356-9805-4DE4-91BC-0276905E83C3
Signed by:
City Attorney
CUSTOFOAM CORPORATION
DocuSigned by:
r40A uGr COPY
By:
Adam Buchmeier, COO/Secreta
CITY OF OSHKOSH
Signed by:
F
66, if'7pa YtC�
By:
John M. Fitzpatrick, Interim City Manager
Signed by:
i,�
Fv031=28CC34ZA=
aw- ! ,
And:
Diane Bartlett, City Clerk
I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this contract.
CSigned by:
ai(u? Pa(,w "lost
BF9670FMASA4E7._
City Comptroller
Docusign Envelope ID: 30E3F356-9805-4DE4-91BC-0276905E83C3
From:
CITY OF OSHKOSH INVITATION FOR BID:
OSHKOSH MENOMINEE PARK ROOF REPLACEMENT
BID PROPOSAL FORM
Page 1 of 2
Custofoam Corporation
COPY
(bidders company name)
BID SUBMITTAL DEADLINE: BY 10:00 A.M., TUESDAY, JANUARY 14, 2025
Date: 01 /09/2025
Addenda: Receipt of Addenda numbered 1 of I 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/OR 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):
TOTAL BASE BID 1(Maintenance Building): $ 53,325.00
Fifty three thousand three hundred twenty five and 00/100's
(Base Bid Price — in Words)
TOTAL BASE BID 2 (Kiwanis Shelter): $ 57,047.00
.Fifty seven thousand fourty seven and 00/100's
(Base Bid Price — in Words)
21
Docusign Envelope ID: 30E3F356-9805-4DE4-91BC-0276905E83C3
CITY OF OSHKOSH INVITATION FOR BID:
OSHKOSH MENOMINEE PARK ROOF REPLACEMENT
BID PROPOSAL FORM
Page 2 of 2
SIGNATURES
Date: 01/09/2025 Name of Company: Custofoam Corporation
Submitted by: (name/title) Adam Buchmeier/ COO- SecretaryEmail: abuchmeier@custofoam.com
Address of anY� ComP N4929 State Rd 58 Mauston, WI 53948 Phone: 608-847-7447
Company Representative that will be named Project Manager for this project, if awarded
the bid: Adam �[B ctim ier
Signature idr-'� Title COO/ Secretary
Company Representative authorized to sign contracts electronically via DocuSign:
Name: Adam Buchmeier
Email: abuchmeier@custofoam.com
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.
SignatureTitle COO/ Secretary
Warranty Details: 20yr Full System NDL Carlisle Warranty- 20yr Metal Finish Warranty- 2 yr Contractor warranty
22
Docusign Envelope ID: 30E3F356-9805-4DE4-91 BC-0276905E83C3
ST M=:t--S E G
DOCUMENT 00 91 11 COPY
ADDENDUM NUMBER 1
PARTICULARS
1.01 DATE: December 23, 2024
1.02 PROJECT: Coo Menominee Park Maintenance and Kiwanis Shelter Roof Replacement
1.03 PROJECT NUMBER: 15607
1.04 OWNER: City of Oshkosh
1.05 CONSULTANT: STR-SEG (Specialty Engineering Group LLC)
122 E. Olin Avenue - Suite 190, Madison, WI 53713
Bruce Flater, Project Manager — Tel: (920) 205-3571
TO: PROSPECTIVE BIDDERS
2.01 THIS ADDENDUM FORMS A PART OF THE CONTRACT DOCUMENTS AND MODIFIES THE BIDDING
DOCUMENTS DATED NOVEMBER 26, 2024, WITH AMENDMENTS AND ADDITIONS NOTED BELOW.
2.02 ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED IN THE BID FORM.
FAILURE TO DO SO MAY DISQUALIFY THE BIDDER.
2.03 THIS ADDENDUM CONSISTS OF: One (1) page(s) and the following attachments:
CHANGES TO THE PROJECT MANUAL
3.01 TOC shall be replaced with the attached
3.02 Page 2 of the Bid Proposal Form was o_mit-t-end. The attached page 2 shall be inserted.
3.03 SECTION 07 41 13 — ETAL ROOF PANELS)
A. Part 2, 2.01, A, 2; shall be added as an acceptable substitute and read as follows:
2. Corrugated commercial -industrial metal panel: mechanically fastened with exposed fasteners:
1. UNA-CLAD HR-ULTRA Omega Roofing Panel, by Elevate, HolcimElevate.com.
INFORMATIONAL
4.01 PRE -BID MEETING
A. Sign -in sheet from pre -bid meeting is attached for Bidder's review.
END OF ADDENDUM NUMBER 1
15607 Menominee Park Maintenance and Kiwanis Shelter - Roof Replacement
ADDENDUM NUMBER 1 Page - 1 of 1
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock Insurance corporation, does make, constitute and
appoint: MICHAEL J. DOUGLAS, CHRISM. STEINAGEL, CHRISTOPHER MATHER KEMP, ROBERTS. DOWNEY, CONNIE SMITH,
KORY C. MORTEL, ELIOT MOTU, SAMUEL DUCHOW of HUDSON, WI
its true and lawful Attomey(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than ball bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of beneflts, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duty authorized attomey-in-fact or agent; or
(III) when duty executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile 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 seat when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 22nd day of September 2022
sun OLD REPUBLIC SURETY COMPANY
a ti / co•ro„A e.�CO
SEAL
Ass,.,ant secreta ,r President
rnrnquVm„"'•
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 22nd day of September 2022 personally came before me, Alan Pav1ic
and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seat affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said Instrument by the authority of the board of directors of said corporation.
A<a1mvt K •
la0TAg1% &bOv'.
��
0A4aL�. W Notary Public
My Commission Expires: September 28, 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this Instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains 16 fulr forpp and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in—
w•'� January2025
24-5172�� �Igned and sealed at the City of Brookfield, WI this 7tit day of
ORSC 22262 (3-e6) '"1p .""'^ IA.. 41.2
t Socrole
J. RYAN BONDING,'INC.
Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person
entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail,
postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv)
upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the
Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other
electronic address that has been provided in writing to the other party to be used for this purpose.
The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago
County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict
with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the
statutory or other legal requirement kIT749d incorporated herein.
CUSTOFOAM CORPOF :O 9 2� - Old Republic Surety Coma
Name of Principal/Contractor = ��y _' `: Name of Surety �.
Title .4da m aac A m e l' t r - C o d I Se c (P �ae y Title Connie Smith, Attorney -in -fact .... "
PERFORMANCE BOND
Contract Number 15607
Bond No. MCN 7478983
Date Bond Executed (Date of Contract or Later) 2/13/2025
PRINCIPAL/CONTRACTOR (Legal Name and Business Address)
CUSTOFOAM CORPORATION
N4929 State Rd 58
Mauston, WI 53948
SURETY(IES) (Legal Name(s) and Business Address(es))
Old Republic Surety Company
P.O. Box 1635
Milwaukee, WI 53201-1635
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
OBLIGATION
CITY OF OSHKOSH
Type of Organization
1ndividnal ElPartnersl:ip
F Cotporatian
State of Incorporation
Wl
Penal Sum of Bond
Fifty -Seven Thousand Forty -Seven
Dollars and 00/100 ($57,047.00)
The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified
above, which is incorporated herein by reference.
This Bond shall cover any work performed during initial construction and any warranty period required by the
Contract.
If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to
perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise
after:
1. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the
Contractor in default of the Contract. Within five (5) business days of the Owner's notice, either the
Contractor or the Surety may request a conference with the Owner to discuss such default and the
remedy therefor. If a conference is requested, the conference shall be scheduled to take place at
Owner's principal place of business or another agreed upon location within five (5) business days of
the request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed
a reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if
any, to subsequently declare the Contractor in default;
2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and
3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract
to the Surety or to a qualified Contractor selected to perform the Contract.
Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its
obligations.
Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the
following actions:
1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract;
2. Undertake to perform and complete the Contract itself, through qualified agents or independent
contractors;
3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a
contract with the Owner for performance and completion of the Contract, to be secured with
performance and payment bonds, and to pay to the Owner as damages any amount in excess of the
original contract amount for the completion of the Contract; any additional legal, design professional,
architect, or consultant fees resulting from any delay in the completion of the Contract; and any
applicable liquidated damages specified within the Contract resulting from any delay in the
completion of the Contract.
4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of
the Contract; or
5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such
denial.
If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety
shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety
perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon
default.
Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2
above, Surety's liability shall be limited to the amount of this Bond.
Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person
entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail,
postage prepaid, (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv)
upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the
Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other
electronic address that has been provided in writing to the other party to be used for this purpose.
The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago
County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict
with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the
statutory or other legal requirement shall be deemed incorporated herein.
The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the
Contract and any authorized modifications during the term of the original Contract and any extensions thereof.
Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor.
CUSTOFOAM CORPORATION
Name of Principal/Contractor
/V
Title `ti t rr�,000
o0
a` G 10
e0 ko
�0�'• ..�VISc
Old Republic Surety Company
Name of Surety
Title Connie Smith, ttorney-in-fact
PAYMENT BOND
Contract Number 15607
Bond No. MCN 7478983
Date Bond Executed (Date of Contract or Later) 2/13/2025
CITY OF OSHKOSH
PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Type of Organization
CUSTOFOAM CORPORATION
❑ IndividitatPartnership
�✓ Corporation
N4929 State Rd 58
Mauston, WI 53948
SURETY(IES) (Legal Name(s) and Business Address(es))
Old Republic Surety Company
P.O. Box 1635
Milwaukee, WI 53201-1635
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
OBLIGATION
State of Incorporation
WI
Penal Sum of Bond
Fifty -Seven Thousand Forty -Seven
Dollars and 00/100 ($57,047.00)
The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Contract identified above, which is incorporated herein by reference, subject to the following terms.
If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds
harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor,
materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
If there is no Owner Default to pay the Contractor as required under the Contract for work perfonned or to
perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise
after the Owner has promptly notified the Contractor and the Surety of claims, demands, liens or suits against the
Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment
furnished for use in the performance of the Contract and tendered defense of such claims, demands, liens or suits
to the Contractor and the Surety.
Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and
to satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy
obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the
completion of the work.
Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend,
indemnify and hold harmless the Owner against such claim, demand, lien or suit.
Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the
amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for
payment of any undisputed amount claimed.
Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond
that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any
claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants,
or otherwise have any obligation to claimants under this Bond. ,
Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person
entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail,
postage prepaid; (W) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv)
upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the
Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other
electronic address that has been provided in writing to the other party to be used for this purpose.
The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Wiuunebago
County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict
with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the
statutory or other legal requirement shall be deemed incorporated herein.
CUSTOFOAM CORPORATION
Name of Principal/Contractor
Old Republic Surety Company
Nance of Surety
Title Connie Smith, Attorney -in -fact
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint: MICHAEL J. DOUGLAS, CHRIS M. STEINAGEL, CHRISTOPHER MATHER KEMP, ROBERT S. DOWNEY, CONNIE SMITH,
KORY C. MORTEL, ELIOT MOTU, SAMUEL DUCHOW of HUDSON, WI
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile 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 affixed.
IN WITNESS WHEREOF,
affixed this 22nd
OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
_ day of September 2022
" `61-U OLD REPUBLIC SURETY COMPANY
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President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 22nd day of September 2022 , personally came before me, Alan PaVIIC
and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
pTAq•C,,
eat," Notary Public
•, ac
My Commission Expires: September 28, 2026
CERTIFICATE (Expiration of notary's commission does not Invalidate this Instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in fu:i force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.
GOPCPOAA}, `.
SEAL
o., 24-5172 2 _
1P•+ 'T
ORSC 22262 (3-06)
J. RYAN BONDING, INC.
13th
Signed and sealed at the City of Brookfield, WI this day of February , 2025
lM.4,s_.A.e.ret. ,