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Performance BondBond Number: BD CONTRACTOR: Sir Lines -A -Lot, Inc. 2400 East 26th St. Minneapolis, MN 55406 X A City of Shorewood 5755 County Club Rd. Excelsior, MN 55331 CONSTRUCTION CONTRACT Date: April 26, 2016 AMCO Insurance Company Nationwide Mutual Insurance Company Allied Property & Casualty Insurance Company I 100 Locust St., Dept 2006 Des Moines, IA 50391 -2006 (866) 387 -0457 SURETY: Nationwide Mutual Insurance Company 1100 Locust St., Dept. 2006 Des Moines, IA 50391 -2006 Amount: $19,778.00 Nineteen Thousand Seven Hundred Seventy Eight and 00/100 Dollars Description: 2016 Pavement Marking Project BOND Date: May 25, 2016 Amount: $19,778.00 Nineteen Thousand Seven Hundred Seventy Eight & 00/100 Dollars Modifications to this Bond: [Z] None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Se (7' Sir Lines -A -Lot, Inc. Nationwide tual Insurance Company Signature: Signatur Names Name And 'Title:o �e�, f and Title: Justin Black ,Attorney- in -Faot (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNERS REPRESENTATIVE: (Architect, Engineer or other party:) AJB Group, INc. 394 South Lake Ave., Ste 512 Duluth, MN 55802 This document conforms to American Institute of Architects Document A312, 2010 edition I the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3, or 5.4, the Surety's Iiability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be a Subcontractor and the term Owner shall be deemed to be Contractor. This document conforms to American Institute of Architects Document A312, 2010 edition Bond Number: BD CONTRACTOR: Sir Lines -A -Lot, Inc. 2400 East 26th St. Minneapolis, MN 55406 CIS City of Shorewood 5755 County Club Rd. Excelsior, MN 55331 CONSTRUCTION CONTRACT Date: April 26, 2016 AMCO Insurance Company Nationwide Mutual Insurance Company Allied Property & Casualty Insurance Company 1 100 Locust St., Dept 2006 Des Moines, IA 50391 -2006 (866) 387 -0457 SURETY: Nationwide Mutual Insurance Company 1100 Locust St., Dept. 2006 Des Moines, IA 50391 -2006 Amount: $19,778.00 Nineteen Thousand Seven Hundred Seventy Eight and 00/100 Dollars Description: 2016 Pavement Marking Project BOND Date: May 25, 2016 Amount: $19,778.00 Nineteen Thousand Seven Hundred Seventy Eight & 00/100 Dollars Modifications to this Bond: Q None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea' Sir Lines -A -Lot, Inc. Nationwide M tual Insuranc C pany Signature: _ Signatur Name _ Name ,. And Title. ' r-i� and Title: Justin Black , Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNERS REPRESENTATIVE: (Architect, Engineer or other party.) AJB Group, INc. 394 South Lake Ave., Ste 512 Duluth, MN 55802 This document conforms to American Institute of Architects Document A312, 2010 edition § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § I l The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 'Phis document conforms to American Institute of Architects Document A312, 2010 edition KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Justin Black . each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Fifty Thousand and 00/100 Dollars $50,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 13'`' day of February , 2014 . „%% ='� s® Ado, Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company and Farmland Mutual Insurance Company; and Vice President Nationwide Mutual Insurance Company, / *•SEAL; *® '•..rv_ox• ; ® *`SEAL:. '•.. of AMCO Insurance Company, Allied Property and Casualty Insurance Company, Depositors Insurance : and IN S* ® Company ACKNOWLEDGMENT „4sulNS`�a ®ol�® wso' STATE OF IOWA, COUNTY OF POLK: ss On this 13 1h day of February, 20144 , before me came the above -named officer for the Companies aforesaid, to e® *•.SEAL' *� '�SEAj,.� me personally known to be the officer described in and who executed the preceding instrument, and he o • :P ,pF ®6 ,. * acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the ®® said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and ®® r direction of said Companies. ®bwRU51NESflNJG® ,�N1U0.4Np® z:• 16x4QFAtE �� A- ` oxraxarU ?s�� Saady Alitz / °' / °? if Notarial Seal — Iowa ® +';SEAL' *® ®SEAL' Commission Number 152785 #v"4— a *® My Commissimi) mires March, 24, 2077 Notary Public lfojNiS0 .4 My Commission Expires s *&VII CERTIFICATE March 24, 2017 1, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 25th day of May 20 16 Secretary This Power of Attorney Expires March 24, 2017 BDJ 1(03 -14) 00