HomeMy WebLinkAboutWolverine Cons / Raze and remove 929 Winnebago AveDocusign Envelope ID: 5F65E789-4E20-43A2-AE08-E2104A52977B
CONTRACTOR AGREEMENT:
RAZE AND REMOVAL OF STRUCTURE: 929 WINNEBAGO AVENUE
THIS AGREEMENT, made on the 11rm day of DECEMBER, 2024, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and WOLVERINE CONSTRUCTION
LLC,147680 COUNTY ROAD N, WAUSAU, WI 54401, 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 11. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to manage
the project described in this contract:
(Zach Tesch, 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 1130 Oshkosh, W154903-1130 http://www.ci.oshkosh.wi.us
Docusign Envelope ID: 5F65E789-4E20-43A2-AE08-E2104A52977B
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 III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(John Zarate, Economic Development)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project
titled "RAZE AND REMOVAL OF STRUCTURE 929 WINNEBAGO AVENUE", ADDENDUM 1 OF 1
(attached) 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 no later than February 15, 2025. Any changes to the 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 $173,000.00, 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: 5F65E789-4E20-43A2-AE08-E2104A52977B
ARTICLE VIII. STANDARD PROVISIONS pp��
The CONTRACTOR agrees in all hiring or employment made possible by or KutOlrorn] s
agreement, there will not be any discrimination against any employee or applicant or emp oyment
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.
Signatures. 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: 5F65E789-4E20-43A2-AE08-E2104A52977B
APPROVED:
Signed by:
1! -1
City Attorney
WOLVERINE CONSTRUCTION LLC
Signed by:
Y
B : 51r�FFfiGsd COPY
Zach Tesch
CITY OF OSHKOSH
Signed by:
By:
City Manager
Signed by:
Z-- a L
And:
City Clerk
I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this contract.
Signed by;
930AC4FBDABD4DC...
City Comptroller
Docusign Envelope ID: 5F65E789-4E20-43A2-AE08-E2104A52977B
October 16, 2024 W pX i1+� w� L,
EXHIBIT A
BID PROPOSAL: COPY
CITY OF OSHKOSH, WISCONSIN
Bid Proposal On: Demolition and Removal at:
Address: 929 Winnebago Ave.
Oshkosh, WI 54901
Each Statement Must be Initialed or noted as "nJa" if not applicable:
Supplemental Conditions (if applicable) have been reviewed
Cost for utility disconnections and lateral removal is included
Resale or reuse of demolition materials (if applicable) has been considered in
the Quoted Price and the final amount has been adjusted accordingly
2�
Cost of subcontractors has been considered
y� Equipment, including mobilization, costs have been considered
Permitting costs have been considered
Administrative costs have been considered
Disposal costs have been considered
Demolition materials and debris will be disposed of at (the City must be
notified of any changes);
Name of Landfill: sad "�a��C
Address of Landfill: 0 0 kry ry "j q a -
Operator of Landfill:
Operator Address: hl '1'v9 C1
Telephone number:
L� Disposal information for hazardous material is attached if contaminated J
hazardous tanks, soil, or other materials are known to be present
Demolition Bid Form - I
Docusign Envelope ID: 5F65E789-4E20-43A2-AE08-E2104A52977B
October 16, 2024
EXHIBIT A
BID PRICE $ 73 COPY
CONTRACTOR'S STATEMENT;
I agree to complete the demolition, removal, disposal, and site restoration of the above
described property according to the requirements of the City's Contract, Standard and
Supplemental Conditions, and all other requirements. I will not start work until all permits,
licenses, and approvals have been obtained, and I have been notified that all asbestos has
been removed and the paperwork has been completed relative to any asbestos work that
may need to be done. Based upon my experience, I assert that deductions for the reasonable
value for any salvaged material have been included in the Bid Price. I will start and finish
the demolition promptly.
This bid price shall be valid for thirty (30) days from the City's due date for price quotations.
�Ir�1y�,�np Ct�a<<fic�n LLB
Name of Person, Firm, or Corporation
0
Audi4ized Signature and Title
Print Name and Title
tq3bw 621tq�e r 11
Address of Person, Firm, o oeporation
wso W ] (!-7) � L/ b I
City State Zip Code
(-7 6) 5$ ! -9 giib
Telephone Number
Demolition Bid Form - 2
Docusign Envelope ID: 5F65E789-4E20-43A2-AE08-E2104A52977B
October 16, 2024
EXHIBIT A
IA-DyCompany Representative that will be named Project Manager for this project, if award ciC1J1
Signature —;�� _ Title
Company Representative authorized to sign contracts electronically via DocuSign:
Name: Z�/h e5(h Email; �� an� w(i�1/iiiri%1-QCC �C1Y� 'C6YY1
Demolition Bid Form - 3
Docusign Envelope ID: 5F65E789-4E20-43A2-AE08-E2104A529778
%GK►�
ADDENDUM 1 OF 1
RAZE AND REMOVAL OF STRUCTURE 929 WINNEBAGO AVy
PLEASE BE SURE TO ACKNOWLEDGE THIS ADDENDUM IN YOUR P KPy
There were questions asked at the onsite open house on.Tuesday. Some of the answers are
within the bid/ project specs. I will list questions asked and provide answers below.
- Is Davis Bacon or HUD applicable? Yes see General Conditions III L. L&2.
- Clarify schedule to start by January 1 and complete February 15, 2025 (including
topsoil and seeding)? Our plan is to have the building removed as soon as possible as we are
using some HUD funds for this project and those need to be paid prior to February 18. If work
isn't complete by Feb 15 then we will pay an invoice for work complete at that time with other
payment being made at the end of the project. Grass and seed can be done at a later date with a
separate payment for that scope of work. At this time we are recalculating our estimated
project timeline due to some early delays in the demo process. With the current anticipated
asbestos abatement expected to be completed by January 24 the project start date for demolition
would have to be after that.
- What is meant by $200/ day liquidated damages? If the agreed upon timeframe of
completion is delayed the City may seek damages of up to $200 per day. It is our intent to work
with the contractor on a timeframe. We know things come up with weather and any other
unexpected delays.
- One payment for entire project? We will be able to break up payments if work is not
completed by February 15. Topsoil and seed can be done when weather allows in spring.
- Will owner obtain WDNR NOI? NOI not required for this project scope.
- Is State Historical Society notified? This is not required.
- Is crushing allowed onsite? Yes the City will need to approve that crushing/ recycling
plan.
- When will asbestos abatement begin and timeline? We plan to award the bid at Dec 10
council meeting. Allow contractor to proceed on Dec 11 work to be done by Jan 24. It is
anticipated we will be adjusting the deadlines for demolition start and completion dates as we
did lose a few weeks in our environmental testing.
_ Will vermiculite insulation within the block be abated prior to demo? At this time it is
not believed that the block walls have vermiculite in them. The consultant broke through
several locations during testing and didn't find any insulation within the those areas.
Docusign Envelope ID: 5F65E789-4E20-43A2-AE08-E2104A52977B
- Do trees or parking lots get removed? Those are not part of this bid. Play2 rU)PY
equipment removal is part of the bid.
- Will water be available from a fire hydrant? As part of bid specs water will not be
available. We may be able to make an accommodation but don't count on that for your bid.
- Are plans available of the building?
We only have plans for the addition that was done in 1989. We don't have any other building
plans for the original building. I have included a screenshot of the foundation plan here in this
email.
Foundation plan for addition of gymnasium.
Western Surety
Company
Bond No. 7 xxxxx
Know All Men By These Presents, that WESTERN SI7R.ETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents
make, constitute and appoint ._CARL JOSEPH KISELY_—._—
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: Wolverine Construction, LLC
Obligee: CITY OF OSHKOSH
Amount: $1, 000, 000. 00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-
fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and effect.
"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, any 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 seal may be printed by facsimile."
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal
under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent
dated the 27th day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by
digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be
considered the act and deed of the Company."
If Bond No. ') 2 G 91.5 04 _ is not issued on or before midnight of __February 20th, 2025 _, all
authority ga,nfexs od iri this Power of Attorney shall expire and terminate.
]n V ItrYess Whereaf yVe~tei°n Surety Company has caused these presents to be signed by its Vice President, Larry Kasten, and its
corLorate;seal tribe affaea;fthis __.._20th,_____ day of ____November 2024___.
WESTERN SURETZ COMPANY
ov
S t�TI QF -OU H DAT OTA __--
ss Larry Fasten, Vice President
C OIJI`T I Y OF iviI IV1�iD, FTAHA I
On this _20th day of __Novemberin the year-__2024_ , before me, a notary public, personally appeared
Larry Kasten, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SOR.ETY COMPANY and acknowledged said instrument to be the voluntary act a . deed of said corporation.
S. GREEN
NOTARY PUBLIC
SOUTH OAK LIC $Spt Notary Public - South Dakota
My Commission Expires February 12, 2027
t e undersigns officer o Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 2 0th _ day of
November 2024
WESTERN SIURETA COMPANY
airy Kasten, Vice President
To validate bond authenticity, go to e mcnasurety.cM > owner/Obligee Services > Validate Bond Coverage.
Form F6306-5-2023
PAYMENT BOND CITY OF OSHKOSH
Contract Number Bond Number 72700098
Date Bond Executed (Dane of Contract or Later)
PRINCIPALICONTRACTOR (Legal Name and Business Address)
Wolverine Construction, LLC
147680 County Rd. N.
Wausau, WI 54401
SURETY(IES) (Legal Name(s) and Business Address(es))
WESTERN SURETY COMPANY
151 North Franklin, 17th Floor
Chicago, IL 60606
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wsconsin 54903-1130
OBLIGATION
Type of Organization
❑ Individual ❑ Partnership
r Corporation
State of Incorporation
Wisconsin
Penal Sum of Bond
$173,000.00
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 performed or to perform
or complete any material term of the Contract, then the Surety(les) 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.
Capon 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) upon delivery if delivered by priority, registered or certified mail
through the United States Postal Service; (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.
Wolverine Construction, LLC
Name of Principal/Contractor
Title
WESTERN SURETY COMPANY
Name of Surety
o
�pRORATF
ov
`r SEAL
Title
01/10/2025
Carl Joseph Kisely Attorney in Fact
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 72700098
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents
make, constitute and appoint Carl Joseph Ki sely
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: Wolverine Construction, LLC
Obligee: City of Oshkosh
Amount: $1, 000, 000. 00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -
fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and effect.
"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, any 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 seal may be printed by facsimile."
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal
under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent
dated the 27th day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by
digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be
considered the act and deed of the Company."
If Bond No. 7 27 000 98 is not issued on or before midnight of January 10th, 2026 all
authority.cap&rav in this Power of Attorney shall expire and terminate.
of-�-
ri Vf fitness Where .Western Surety Company has caused these presents to be signed by its Vice President, Larry Kasten, and its
corpoxaieseal?io P--aW5iadhis 1Oth day of January 2025
WESTERN SURET COMPANY
STATTS-OF SOUTH A
ss Larry Kasten, Vice President
COUN`1I 0F1iF:Nfiik'rAIIA 1
On this 10th day of January in the year 2025- before me, a notary public, personally appeared
Larry Kasten, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act ati deed of said corporation.
¢gepyh�swiM4�+
S. GREEN
SERI_ NOTARY PUBLIC A Notary Public - South Dakota
r� SOUTH DAKOTA My Commission Expires February 12, 2027
the ersigned officer, of West undern Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this loth day of
January 2025
WESTERN SURE COMPANY
1Larry Kasten, Vice President
To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services > Validate Bond Coverage.
Form F6306.6-2023
PERFORMANCE BOND
Contract Number Bond Number 72700098
Date Bond Executed (Date of Contract or Later)
PRINCIPAUCONTRACTOR (Legal Name and Business Address)
Wolverine Construction, LLC
147680 County Rd. N.
Wausau, WI 54401
SURETY(IES) (Legal Name(s) and Business Address(es))
WESTERN SURETY COMPANY
151 North Franklin, 17th Floor
Chicago, IL 60606
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1150
OBLIGATION
CITY OF OSHKQSH
Type of Organization
Ej Individual ❑ Partnership
R1 Corporation
State of Incorporation
Wisconsin
Penal Surn of Bond
$173,000.00
The Contractor and Surety, jointly and severalty, 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 shalt arise after;
T 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 iri default;
8. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and
9. 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 snail 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;
11. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract;
12. Undertake to perform and complete the Contract itself, through qualified agents or independent
contractors;
13. 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.
14. Make payment to the Owner, as soon as practicable after an amount is determined for completion of
the Contract; or
15, 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) upon delivery if delivered by priority, registered or certified mail
through the United States Postal Service; (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.
Wolverine Construction, LLC
Name of Principal/Contractor
Title
WESTERN SURETY COMPANY
(Name of Sure
�ORPORAIf
*,
SEAL
Title N01/10/2025
Carl Joseph Kisely Attorney in Fact