HomeMy WebLinkAboutContractors Agreement- Leach Amphitheater Riverwalk Reconstruction ORIGINAL
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Oshkosh
CONTRACTOR AGREEMENT:
LEACH AMPHITHEATER RIVERWALK RECONSTRUCTION
CITY OF OSHKOSH
THIS AGREEMENT, made on the 1411, day of SEPTEMBER, 2018, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARDINAL CONSTRUCTION
CO., 1183 INDUSTRIAL PARKWAY, FOND DU LAC, WI, 54937 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 L COMPONENT PARTS OF THE CONTRACT'
This contract consists of the following component parts, all of which are as fully a part of this contract
as if herein set out verbatim,or if not attached, as if hereto attached:
1. This Instrument
2. Proposal Solicitation
3. Contractor's Proposal
In the event that any provision in any of the above component parts of this contract conflicts with any
provision in any other of the component parts, the provision in the component part first enumerated
above shall govern over any other component part which follows it numerically except as may be
otherwise specifically stated.
ARTICLE 11. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(TODD CARDINAL, OWNER, CARDINAL CONSTRUCTION CO., INC.)
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 Fiall,215 Church Avenue P.O.Box *1130 Oshkosh,W154903-1130 http://www.ci.ostikost).wi.us
ARTICLE 111. 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's INVITATION FOR BID for the
Project titled "LEACH AMPHITHEATER RIVERWALK RECONSTRUCTION" dated AUGUST 4, 2018,
and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts
with the Bid Specifications, the provisions in the Bid Specifications shall govern.
The Contractor may provide additional products and/or services if such products/services are
requested in writing by the Authorized Representative of the City.
ARTICLE V. CITY RESPONSIBLITIES
The City shall furnish, at the Contractor's request, such information as is needed by the
Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records.
To prevent any unreasonable delay in the Contractor's work the City will examine all reports and
other documents and will make any authorizations necessary to proceed with work within a reasonable
time period.
ARTICLE VI. TIME OF COMPLETION
The work to be performed under this contract shall be completed by the timelines established in
the bid specifications. Any changes to the completion timelines must be agreed upon by both parties in
writing.
ARTICLE VII. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$100,200.00 adjusted
by any changes hereafter mutually agreed upon in writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor shall submit itemized monthly statements for services.
The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any
statement amount is disputed, the City may withhold payment of such amount and shall provide to
Contractor a statement as to the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
amendment to this agreement executed by both parties prior to proceeding with the work covered under
the subject amendment.
ARTICLE VIII. 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 ad-
judged to pay on any such claims or demands within thirty (30) days of the date of the City's written
demand for indemnification or refund.
ARTICLE IX. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional
insured. The contractor's certificate of insurance for this project is attached as Exhibit B.
ARTICLE X. TERMINATION
A. For Cause.
If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this
Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor.
In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work
completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the Contractor no later than
10 calendar days before the termination date. If the City terminates under this paragraph, then the
Contractor shall be entitled to compensation for any satisfactory work performed to the date of
termination.
This document and any specified attachments contain all terms and conditions of the Agreement
and any alteration thereto shall be invalid unless made in writing, signed by both parties and
incorporated as an amendment to this Agreement.
In the Presence of: CONTRACT NSULTANT
G By:—
JA,
( eal of Contractor (Specify Title)
if a Corporation.)
By: lop,
Vic
(Specify'title)
CITY OF OSHKOSH
By:
Mark A. Rohloff, City Manager
And:
C_ Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
.ttomey
IU
City Comptroller
LEACH AMPHITHEATER RIVERWALK RECONSTRUCTION
BID PROPOSAL FORM
Page 1 of 2
From: Cardinal Construction Co.,Inc (bidder's company name)
BID PROPOSAL DEADLINE: September 4,2018 a 10:00 A.M.
Date: 9/4_/18
Addenda: Receipt of Addenda numbered 0 of 0 are hereby understood,
acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project
please write"N/A"above.
In compliance with the advertising for Bids and having carefully examined the drawings and
specification for the Work and the Site of the proposed work and having determined all of the conditions
of the work, the rules,regulations,laws,codes,ordinances,and other governing circumstances relating to
this project, the undersigned proposes to furnish all Labor, Materials and Equipment necessary to
complete the construction indicated on the drawings and described in the bid documents 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):
Bid Items Unit Quantily Bid Price Total
Erosion Control LS 1 $ "1 0(-) $ no
3 , OW
Demolition SF 4,000 6 qiqo• OO $
L 4"x 6"Steel LF 495
$
Site Grading SF 4,000 Z&O $ Z , 600100
New Concrete Riverwalk SF 4,000 $ -71 1 WD -dPJ $ 71, 300,co
Site Restoration LS 1 Lf, oco.co $ 00
TOTAL BID:$ 100, 2-00 , 00
(Bid Price-in Words)
LEACH AMPHITHEATER RIVERWALK RECONSTRUCTION
BID PROPOSAL FORM
Page 2 of 2
Warranty Details: (2)year warranty for the defects in workmanship and materials(see enclosed sample).
SIGNATURES
Date: 9/4/18 Name of Company: Cardinal Construction Co.,Inc.
Submitted by: (name/title) Todd Cardinal/Owner Email:todd@cardinalconstructionco.com
Address of Company: 1183 Industrial Parkway,Fond du Lac.W1 Phone:920-922-4446
Company Representative that will be named Project Manager for this project,if awarded the bid:
Todd Cardinal Owner
Name Title
That I have examined and carefully prepared this Proposal from the Plans and Specifications and have
checked the same in detail before submitting this Proposal;that I
have full authority to make such statements and submit this Proposal in (its) (their)behalf, and that said
statements are true and corr t.
d
Signature: 4 t Title:
TM
Document A310 - 2010
Bid Bond Bond Number: 2393147
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Cardinal Construction Co., Inc. of usiness) ADDITIONS AND DELETIONS:
1183 Industrial Pkwy West Bend Mutual Insurance Company The author of this document has
Fond Du Lac,WI 54937-2201 PO Box 620976 added information needed for its
OWNER: Middleton,WI 53562 completion.The author may also
have revised the text of the original
(Name, legal status and address) AIA standard form.An Additions and
City of Oshkosh Deletions Report that notes added
215 Church Ave information as well as revisions to
Oshkosh WI 54901-4747 the standard form text is available
from the author and should be
BOND AMOUNT:$ Ten Percent of the Amount Bid reviewed.A vertical line in the left
margin of this document indicates
PROJECT: where the author has added
(Name, location of-address, and Project numbet-, if any) necessary information and where
Leach Amphitheater Reverwalk Reconstruction 303 Ceape Ave Oshkosh WI the author has added to or deleted
from the original AIA text.
The Contractor and Surety are bound to the Owner in the amount set forth above,for the This document has important legal
consequences.Consultation with an
payment of which the Contractor and Surety bind themselves,their heirs,executors, attorney is encouraged with respect
administrators,successors and assigns,jointly and severally,as provided herein.The to its completion or modification,
conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents,or within such time period as may be Any singular reference to
agreed to by the Owner and Contractor,and the Contractor either(1)enters into a Contractor,Surety,Owner or other
contract with the Owner in accordance with the terms of such bid,and gives such bond or party shall be considered plural
bonds as may be specified in the bidding or Contract Documents,with a surety admitted where applicable.
in the jurisdiction of the Project and otherwise acceptable to the Owner,for the laithlbi
performance of such Contract and for the prompt payment of labor and material furnished
in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the
amount of this Bond,between the amount specified in said bid and such larger amount
for which the Owner may in good faith contract with another party to perform the work
covered by said bid,then this obligation shall be null and void,otherwise to remain in full
force and effect.The Surety hereby waives any notice of an agreement between the
Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver
of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the
aggregate beyond the time for acceptance of bids specified in the bid documents,and the
Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty
(60)days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term
Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be
deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement
in the location of the Project,any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein. When so
furnished,the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
AIA Document A31010—2010.Copyright 0 1963,1970 and 2010 by The American Institute of Architects.All rights reserved,WARNING This AIAO
Init. Document Is protected by U.S,Copyright Law and international Treaties,unauthorized reproduction or distribution of this MAO Document„orzany
portion of It,may result In severe 60 and cdminM penalties,and w1H be prosecuted to the maximum,extent posslbie under the iaw.This document
was produced by AIA software at 04:27:00 on 0210812018 under Order No,r,604087024 which expires on owW2019, and Is not for resale,
User Notes: (3B9ADA17)
Signed and sealed this 4 day of September, 2018
Cardinal Constru/ij C.Q., Inc.
(Seal)
(Witness) Mde) Todd Cardinal, President
West Bend Mutual Insurance Company
(Swet (Seal)
MKS) (Title) PAMELA DEANOVICH ,Attorney-ln-Fact
AIA Document A310Tm—2010.Copyright 0 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNINW This AJA16
Init. Document Is protected by US,Copyright Law and International Treaties,Unauthorized reproduction or distdbufion of this AIA* Document„orany
portion of it,may result In severe civil and c6snInal penalties,and will be prosecuted to the nwaximum extent possible under the law.This document
was produced by AIA software at 04,2700 on 02jow2018 under Order No.5604087024 which expires on 0211612019, and Is not for resale,
User Notes: (3B9ADA17)
/ WEST BEND THE SILVER L|N|NGw
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a muw^wcs co:n^w,^
' 23S3147
Bond No. .
POWER OF ATTORNEY
Know all men by these Presents,That West Bend Mutual Insurance Company,a corporation having its principal office in the CKvnfVVeot
Hend.VVincoOsindOesmakp.coDaUtutaoDdappn|Ot ^
PAMELADEANDV|CH
lawful Attorney(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety and as its act and deed an and uUbonds,
VDdG�8kingeand oontnads of sU[8kmhip.p0Yidedthat Oo bond 0rUnde�8kiOg8r contract nfaurnb/�hip�X8CUtod--' r�hiauuthor|1v
shaUeXmeedinemnuntihusU0of' ^ '
of: Seven Million Five Hundred Thousand Dollars(*7.5O0.DOU)
This Power nf Attorney|n granted and is signed andsoa|odbvfacmimi|eUOd8r8ndbytheuuthority0f the following Resolution adopted
by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21 It day of December,
1999.
Appointment ofAttorney-In-Fact, The president or any vice president,or any other officer of West Bend Mutual Insurance
Company may appoint by written certificate Attorneys-In-Fact to act on behalf of the company in the execution of and attesting of
bonds and undertakings and other written obligatory instruments of like nature, The signature of any officer authorized hereby
and the corporate seal may be affixed hyfacsimile to any such power of attorney or to any certificate relating therefore and any
such power ofattorney at-certificate bearing suchfacsimile signatures orfacsimile seal sholl be valid and binding upon the
company,and any such power so executed and certified hyfacsimile signatures andfacsimile seal shall be valid and binding
on
the company io<6*futorowkh tuu any buodorunder�/�ogur�t8* 6 oturoWwh�6dbattached.
` �
Any such appointment may be revoked,for cause,or without cause,by any said officer at any time, .
In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned
and its corporate seal to be hereto duly attested by its secretary this 22nd day of Setember,2017
Auem/
ChumtoP her C.Z��ykart * Kc�o�� Steiner
Secretary S Ijo fit Chief Ez,«u6vcOfficer/President
State ofWisconsin
County ofWashington �
On the 22nd day of September,2017,before me personally came Kevin A.Steiner,to me known being by duly sworn,did depose and �
say that he resides in the County of Washington,State of Wisconsin;that he is the President of West Bend Mutual Insurance Company, �
the corporation described in and which executed the above instrument;that he knows the seal Of the said corporation;that the seal
affixed hu said instrument i8 such corporate seal;that iewas sO affixed by order nf the board 0f directors Vf said corporation and that h8
signed his name thereto by like order. /7
IP'- PULIOC S,4enioorporate Attorney
Notary Public,Washington Co.,WI
W My Commission is Permanent
The undersigned,duly elected to the office stated below,
corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force
effect and has not been revoked and that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force.
Signed and sealed at West Bend,Wisconsin this 4th day of September 2018 �
SEAL
Heather Dunn
CP
Vice President—Chief Financial Officer
Notice: Any questions concerning this Power of --d�o�d���B�d �N8[8d�0�OufWo��n
M�ou|Insurance Company.
' -
19008. 180,6v^. West Beu6.Wo 53095 1 yu(264 331-6430 1 1'800'236'5004 1 fax p^q e8-5058 1 ww°.tbco/lvu6init)g.cum
t,T.iA1A Document A312 TM - 2010
Petformance Bond Bond Number: 2393147
CONTRACTOR: SURETY:
(Name, legal status and addr-ess) (Name, legal status and principal ADDITIONS AND DELETIONS:
Cardinal Construction Co., Inc. place of business) The author of this document has
1183 Industrial Pkwy West Bend Mutual Insurance Company added information needed for its
Fond Du Lac,WI 54937-2201 PO Box 620976 completion.The author may also
Middleton,WI 53562 have revised the text of the original
OWNER: AIA standard form.An Additions and
(Name, legal status and address) Deletions Report that notes added
City of Oshkosh Information as well as revisions to
215 Church Ave the standard form text is available
Oshkosh WI 54901-4747 from the author and should be
CONSTRUCTION CONTRACT reviewed.A vertical line in the left
Date:09/14/2018 margin of this document indicates
where the author has added
Amount: $ 100,200.00 necessary information and where
Description: Leach Amphitheater Riverwalk Reconstruction 303 Ceape Ave Oshkosh WI the author has added to or deleted
(Name and location) from the original AIA text.
This document has important legal
consequences.Consultation with an
BOND attorney is encouraged with respect
Date: 09/27/2018 to Its completion or modification.
(Not earlier-than Construction Contract Date) Any singular reference to
Amount: $ 100,200.00 Contractor,Surety,Owner or other
party shall be considered plural
Modifications to this Bond: XXXX None See Section 16 where applicable.
CONTRACTOR AS PRINCIPAL SURETY
il
Company: C poi to Company: (Corporate Seal)
Cardinal Go,%%tj:�rc c�acnc. West Bend Mutual sure ce Co pany
Signature: Signature: An x
Name and Title: Yodd Cardinal, President Name and Title: PAMELA DEANOVICH ,Attorney-In-Fact
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMA TION ONLY--Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
JACKSON KAHL INSURANCE (Architect, FLnglneet,or otherparty)
17 NORTH PIONEER ROAD AECOM
FOND DU LAC,WI 54935
(800)524-5467
AIA Document A3121"-2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA& Document is protected
Init. by U.S.Copyright Law and InkerneVonaf Treaties.Unauthorized reproduction or dIstrIbution of this AIA* Document,or any cordon of it,may result in
severe cMl and criminal penalties,and will be prosecuted to the rnaximum extent possible under the law.This document was produced by AIA software
at 04:27:00 on 02JOW2018 under Order No.5604007024 which expires on 02/10IM9, and Is not for resale, (3139ADA16)
User Notes:
§ I The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,
successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein
by reference.
§ 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation
under this Bond,except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
I the Owner first provides notice to the Contractor and the Surety that the Owner is considering
declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a
conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the
Owner does not request a conference,the Surety may,within five(5) business days after receipt of
the Owner's notice,request such a conference. If the Surety timely requests a conference,the Owner
shall attend. Unless the Owner agrees otherwise,any conference requested under this Section 3.1
shall be held within ten(10)business days of the Surety's receipt of the Owner's notice,If the
Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,
subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the
Surety;and
3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a
failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,
except to the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§ 63 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner
as a result of the Contractor Default;or
§ 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed
to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the
payment or the Surety has denied liability, in whole or in pail,without farther notice the Owner shall be entitled to
enforce any remedy available to the Owner.
AIA Document A312T"—2010 Performance Bond.The American institute of Architects.All rights roserv;d.WARNIM This AW Document Is protected
Init. by U .Copyright Law and Internaflonal Treaties.Unauthorised reproduci Ion or dWributIon of Phis AIAO Document,or army portion of It,may result In
severe civil and crinskial penalties,and will be prosecuted to the maxlmurn extent possible under the law.This document was produced by AIA software
at 0417:00 on o2mnola under Order No.5604087024 which expires on 02-2019, and Is not for resale. (MMA16)
User Notes:
§ 7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to
the Surety shall not be,greater than those of the Owner under the Construction Contract.Subject to the commitment
by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this
Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§ 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§ 11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a
declaration of Contractor Default or within two years after the Contractor ceased working or within two years after
the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
§ 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any
amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which
the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the
Construction Contract.
§ 14,2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default.failure of the Contractor,which has not been remedied or waived,to perform or otherwise
to comply with a material term of the Construction Contract.
§ 14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as
required corder 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.
AIA Document A3121m—2010 performance Bond.The American Institute of Architects.All rights reserved,WARNING:rhls AIAy Document is protected
Init. by U.S.Copyright Law and international Treaties,Unauthorized reproduction or distribution of this AiAe Document,or any portion of It,may result In 3
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the lawn.This document was produced by AIA software
at 04:27.00 on n2ron,2ao® under Order No.%04081024 which expires on 021,araa19, and is not for resale.
User Notes: (389ADA16)
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond are as follows:
(Space is provided below far additional signatures ofaddedparties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
..........
AIA Document A3121m—2010 performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAO Document Is protected
InIt, by U.S.Copyright Law and International Troatios.Unauthorized reproduction or distribution of this AJA& Document,or any portlon of it,may result In
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
at 04.27:00 on 0210812018 under Order No.5604007024 which expires on 02/16,7019, and Is not for resale.
User Notes: (369ADA16)
'
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Bond No. �
POWER OF ATTORNEY �
Know all men by these Presents,That West Bend Mutual Insurance Company,a corporation having its principal office in the City of West �
Bend,Wisconsin does make,constitute and appoint: |
PAMELADEANOV|CH �
lawful Attorney(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety and ma its act and deed any and all bonds,
undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority
shall exceed iOamount the sum of: Seven Million Five Hundred Thousand Dollars($7.5OO.00O)
This Power of Attorney ie granted and is signed aOdsoa|edbvhocsimi|eUOde[andbytheuutho[ityn the following Resolution adopted
by the Board of Directors uf West Bend Mutual |nGVranceCompeOy8t80e8tiOgdV|ycoUodundhe|dUOthG21s'dayVfDenember.
1999.
AppoititmentofAttorney-In-Fact. The president or any vice president,or any otherofficer of West Bend Mutual Insurance �
Company may appoint~y written--�certificate Attorneys-In-Fact to- 'behalf~ the company in the execution of
authorizedh attesting -
bonds and undertakings and other written obligatory instruments of like nature, The signature of any officer
by
and m corporate seal may n,affixed byfacsimile to any such power of attorney or to any certificate relating thereforeand any
such o
certificateh h 'ou/n8oPoom
' ' �� r so - ' - d /e /shallbevo�donJ6hmmKn0upun
cumpo�Konoo we s executed and u'c`vo /"`""", ,""
the company in~ ,h/t ' with respectto any bond or undertaking mr other writing 6/ in nature(n which it is attached. �
Any such appointment may burevoked,for cause,orwithout cause,by any said officer ut any time.
In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned
and its corporate seal b)bo hereto duly attested by its secretary this 22Od day of Se tember,3017
--
Attest
Christopher��. Oe`���� St6oez
Secretary Chief Executive Officer/President
State VfWisconsin
County ofWashington
On the 22nd day 0f September,2O17.before mo personally came Kevin A.Steiner,03m8 known being bv duly sworn,did depose and
say that he resides in the C0Vnh/of Washington,State of Wisconsin;that he is the President ofWest Bend MUto8| Insurance Company,
the corporation described iD and which executed the above instrument;that he knows the seal Vt the said corporation;that the seal
affixed to said |OstrU08Ot is such corporate ne8||that is was so affixed by order 0[the board of directors of said corporation and that he
/>
signed his name thereto bv like order. .'''��'''..
%BOG Seniolc rporate Attorney
.......... Notary Public,Washington Co.,W1
Or
SC
^.�'��'' My Commission iePermanent
The undersigned,duly elected to the office stated below,now the incumbent in West Bend Mutual Insurance Company,a Wisconsin
corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force
effect and has not been revoked and that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force.
Signed and sealed at Wes Bend,Wisconsin this 27th day of September 2018
—Heather Dunn
Vice President—Chief Financial Officer
Notice: Any questions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend
Mutual Insurance Company.
lvoo8. l8`^Ave. West Bend,Y7I 53095 1 p6(z6qB1-w90 1 1-800-236-5004 1 fiis(262)Do-5V58 1 w=w.mc,U,vdiuiogznm
Document A312'm — 2010
Performance Bond Bond Number: 2393147
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal ADDITIONS AND DELETIONS:
Cardinal Construction Co., Inc. place of business) The author of this document has
1183 Industrial Pkwy West Bend Mutual Insurance Company added information needed for its
Fond Du Lac,WI 54937-2201 PO Box 620976 completion.The author may also
Middleton,WI 53562 have revised the text of the original
OWNER: AIA standard form.An Additions and
(Name, legal status and address) Deletions Report that notes added
City of Oshkosh information as well as revisions to
215 Church Ave the standard form text is available
Oshkosh WI 54901-4747 from the author and should be
CONSTRUCTION CONTRACT reviewed.A vertical line In the left
Date:09/14/2018 margin of this document indicates
where the author has added
Amount: $ 100,200.00 necessary information and where
Description: Leach Amphitheater Riverwalk Reconstruction 303 Ceape Ave Oshkosh WI the author has added to or deleted
(Name and location) from the original AIA text.
This document has important legal
consequences.Consultation with an
BOND attorney is encouraged with respect
Date: 09/27/2018 to its completion or modification.
(Not earlier than Construction Contract Date) Any singular reference to
Amount: $ 100,200.00 Contractor,Surety,Owner or other
party shall be considered plural
Modifications to this Bond: [—X—X-X—X] None See Section 16 where applicable.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Colpo a e deal) Company: (Corporate Seal)
a Cardinal Con West Bend Mutual Insurance parry
n I-I ,, j�t
Signature: Sig iature: -& J�t
Name and Title: Todd Cardinal, President Name:and Title: PAMELA DEANOVICH ,Attorney-In-Fact
(Any additional signatures appear on.the last page ql'this Performance Bond.)
(F OR INFORMATION ONLY---Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
JACKSON KAHL INSURANCE (Architect, Lngineer or otherparty)
17 NORTH PIONEER ROAD AECOM
FOND DU LAC,WI 54935
(800)524-5467
AIA Document A31210- W
2010 Performance Bond.The American lnstltuto of Architects.All rights reserved, ARNIM This AIAO Document Is protected
(nit. by U.&Copyright Law and international Treaties.Unauthorized reproduction or Wstribuflon of this AIAS Document,or any porflon of It,may result In
severe civil and criminal penalties,and will be prosecuted to the rnoximurn extent possible under the law,This document was produced by AIA software
at 04:27:00 on 021OW2018 under Order No.5604081024 which expires on 02JW2019, and Is not for resale.
User Notes: (3B9ADA16)
§ I The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,
successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein
by reference.
§ 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation
under this Bond,except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
I the Owner first provides notice to the Contractor and tile Surety that the Owner is considering
declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a
conference among the Owner,Contractor and Surety to discuss the Contractor's performance,If the
Owner does not request a conference,the Surety may,within five(5)business days after receipt of
the Owner's notice,request such a conference. If the Surety timely requests a conference,the Owner
shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1
shall be held within ten(10)business days of the Surety's receipt of the Owner's notice. If the
Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such all agreement shall not waive the Owner's right,if any,
subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the
Surety; and
.3 tile Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a
failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,
except to the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to tile Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued oil the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner
as a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with
reasonable promptness under tile circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for deniaL
§ 6 If the Surety does not proceed as Provided in Section 5 with reasonable promptness,the Surety shall be deemed
to be in default oil this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations wider this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4,and the Owner refuses the
payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to
enforce any remedy available to the Owner,
AIA Document A312111—2010 Performance Bond,The American Institute of Architects.All rights reserved.WARNING:This AIAO Document Is protected
InIt. by U.S,Copyright Low and International Treaties,Unauthorized reproduction or distribution of this AIA49 Document,or any portion of It,may result In
severe civil said criminal penalties,and will be prosecuted to the maximum extent possMe under the law.This document was produced by AIA software
at 04:27:00 on o2mwo1e under Order No.5004087024 which expires on 02/1-19, and Is not for resale.
User Notes: (3MADA16)
§ 7 if the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to
the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment
by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act wider Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this
Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
Unrelated obligations,No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§ ioThe Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§ 11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a
declaration of Contractor Default or within two years after the Contractor ceased working or within two years after
the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
§ 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefirom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated lierein. 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.
AIA Document A3112"'—200 Performance Bond.The American Institute of Architects.All rights reserved,WARNIM This AJA6 Document is protected
[nit. by US,Copyright Law and InternationaiTreaties,Unauthorized reproduction or distribution of this AIA10 Document,or any portion of H,may result in 3
severe civil and criminal penalties,and will be prosecuted to the maximum extent possibia under the law.This document was produced by AIA software
at 04:27:00 on 02M8/2018 under Order No,5604087024 which expires on w-W2019, and Is not for resale.
User Notes- (3139ADA16)
§ 16 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor,
§ 16 Modifications to this bond are as follows:
(Space is provided below far additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seat) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA Document A312111—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA11 Document Is protected
InIt. by U.S.Copyright Law and International Treaties,unauthorized reproduction ordistribuflon of this AJAS Document,or any portion of it,may result In
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
at 0427M on 02/0812018 under Order No.5,604087024 which expires on omwaig. and Is not for resale.
User Notes: (3139ADA16)
.
WESTBEND THE SILVER LINING~
^� A muruAL /wSunAwcs co:pxw,~
/ 238314�
Bond No.
POWER OF ATTORNEY
Know all men bv these Presents,That West Bend Mutual Insurance Company,a corporation having its principal office iO the City nfWest
Bend,Wisconsin does make,constitute and appoint:
PAK8ELADEANOV|CH
lawful Attorney(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety and au its act and deed any and all bonds,
undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority
shall exceed inamount the sum(f'
of: Seven Million Five Hundred Thousand Dollars($7.5O0.ODD)
This Power of Attorney is granted and is signed andmnn|edbvh@uSimi|eUnd*randbythe@uth8[ityofth8f0||owiOgR8SO|VU0OadOpted
by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21 It day of December,
1999.
Appointment ofA The rmkdepresident, other officer o/West Bend Mutual 0m
Company may appoint by written certificate Attorneys-In-Fact to act on behalf of the company in the execution of and attesting of
bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby
and the corporate seal may be affixed byfacsimile to any such power of attorney or to any certificate relating therefore and any
such power of attorney or certificate bearing such facsimile signatures orfacsimile seal shall be valid and binding upon the
company,and any such power so executed and certified byjacsimile signatures andfacsimile seal shall be valid and binding upon
the company in thefuture with respect to any bond or undertaking or other writing obligatory in nature to which it is attached
Any such appointment may be revokedfor cause,or without cause,by any said officer at any time.
In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned
and its corporate seal hJb9 hereto duly alleVtodby its secretary this 22nd day of September,2017
Attest ..,.`.`.
Christopher �v�� Kevin A. Steiner
Secretary Chief Executive Officer/President .
State 0fWisconsin
County ofWashington
On the 22nd day of September,2017, before me personally came Kevin A.Steiner,to me known being by duly sworn,did depose and
say that he resides in the County 0f Washington,State ofWisconsin;that heis the President of West Bend Mutual Insurance Company,
the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the sea]
affixed k)said instrument|s such corporate seal;that is was so affixed by order of the board of directors of said corporation and that he
signed his name thereto by like order.
�
�*uzon��qpnzm/e/��o�u�� �
Notary Public,Washington Co.,W8 �
My Commission is Permanent �
The undersigned,duly elected to the office stated below, the incumbent i West Bend Mutual I U Company, Wisconsincorporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force
effect and has not been revoked and that the Resolution of the Board oV Directors,set forth}O the Power CK Attorney|s now|Dforce. �
Signed and sealed ai West Bend,Wisconsin this 27th day of September 2018
vo
Vice President—Chief Financial Officer
NoUco Any questions concerning this Power of Attorney may e i-rected to the Bond Manager at NSI, a division of West Bend
Mutual Insurance Company.
19UoS. )omAve. West Bend,o0 53095 1 p6(2oqo^-o4sU 1 1'800-236-5004 1 fax(262) 338'5058 1 axn,.,6esilvezxving.corn