HomeMy WebLinkAboutContractor Agreement Cardinal Construction ORIGiiVAL '
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City
Of RECEIVED 1":Oshkosh
JUN 1 8 2020
CONTRACTOR AGREEMENT CITY CLERK'S OFFICE
SPANBAUER FIELD RESTROOM RENOVATION
CITY OF OSHKOSH
THIS AGREEMENT, made on the 27th day of MAY, 2020, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARDINAL CONS I RUCTION
COMPANY,INC., 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 I. COMPONENT PARTS OF THE CON TRACT
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 II. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(ROBERT KETTER, VICE-PRESIDENT)
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 Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
ARTICLE III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(CHAD DALLMAN, PARKS DEPARTMENT)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project
titled "SPANBAUER FIELD RESTROOM RENOVATION" dated March 30,2020, 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 no later than DECEMBER
31,2020. Any changes to this 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 for the performance of the contract the sum of$109,073.00,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.
ARTICLE XI. NON-DISCRIMINATION
The Operator agrees not to discriminate in its operations under this Agreement on the basis of race,color,
creed, age, and gender, or as otherwise prohibited by law. A breach of this covenant may be regarded
as a material breach of this Agreement.
CONTRACTOR agrees in all hiring or employment made possible by or resulting from this agreement,
there will not be any discrimination against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin.
•
In the Presence of: CON 1'E ACTO / TANT
(Seal(7112 Zje.„,rw_ti,tb
of Contractor
(Specify Titlerraid ear 'Wet]
if a Corporation.)
By:
V;GG / CCO siG.
(Specify Title)Rd
CITY OF OSHKOSH
By:
o Mid 81244411, Mark A. Rohloff, City Manager
(Witness)
4vu , esatilui. And: tab JJAQ1,--)Th'
(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.
�i ttorney
ise4.7"""
City Comptroller
Spanbauer Field—Restroom Facility Renovation 19064M
5)0/6 fr
SECTION 004113—BID FORM—STIPULATED SUM(SINGLE—PRIME CONTRACT)
To:Oshkosh City Manager
do City Clerk's Office,City Hall
215 Church Avenue
P.O.Box 1130
Oshkosh WI 549113-1130
Project:Restroom Facility Renovation, Spanbauer Field
Date: May 7, 2S2�
Submitted by: Cardinal Construction Co.,Inc.
(full name&address) 1183 Industrial Parkway
Fond du Lac,WI 54937
1. OFFER
Having examined the Place of The Work and all matters referred to in the General Information,Instructions to
Bidders and the Contract Documents prepared by T.R.Karrels&Associates, S.C.for the above mentioned project,
we,the undersigned, hereby offer to enter into a Contract to perfonn the Work for the Sum of:
$ 1 i �3U�. dollars,in lawful money of the United States of America.
We have included the security deposit as required by the Instructions to Bidders.
All applicable federal and local taxes are included in the Bid Sum.
Bid is to include a Hardware Allowance($4.5O )per Section 9120011.
2. ACCEPTANCE
This offer shall be binding for thirty-five calendar days following the bid opening date,unless we.the Bidder,upon
the request of the purchasing agent,agree to an extension.
• If this bid is accepted by the Owner within the time period stated above,we will:
• Furnish the required bonds within seven days of receipt of acceptance of this bid.
• Commence work within seven days after written acceptance of this bid.
If this bid is accepted within the time stated,and we fail to commence the Work or we fail to provide the required
bonds,the security deposit shall be forfeited as damages to the Owner by reason of our failure,limited in amount to
the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Con-
tract is signed.
In the event our bid is not accepted within the time stated above,the required security deposit will be returned to the
undersigned,in accordance with the provisions of the Instructions to Bidders;unless a mutually satisfactory ar-
rangement is made for its retention and validity for an extended period of time.
BID FORM—STIPULATED SUM(SINGLE—PRIME CONTRACT) 004113 - 1
Spanbauer Field-Restroom Facility Renovation 19064M
3. CONTRACT TIME
If this Bid is accepted,we will:
• Commence the Work by(date) -3` 2 L 2 0 . (Work will not be allowed to begin prior to
August 1,MO).
■ Complete the Work by(date) - 1?) - 2 02 0 .(work is to be completed by December 31,
2020).
4. CHANGES TO THE WORK
When the Architect/Engineer establishes that the method of valuation for Changes in the Work will be net cost plus
a percentage fee in accordance with General Conditions,our percentage fee shall be:
Bc'0 percent overhead and profit on the net cost of our own Work;
7,-) percent on the gross cost of work done by any Subcontractor.
On work deleted from the Contract,our credit to the Owner shall be the Architect/Engineer approved net cost plus
no of the overhead and profit percentage noted above.
5. ADDENDA
The following Addenda have been received. The modifications to the Bid Documents noted below have been con-
sidered and all costs are included in the Bid Sum.
Addendum# Dated
Addendum# Dated
Addendum# Dated
Addendum# Dated
6. APPENDICES
The following documents are attached to and made a condition of the Bid:
Document 00 43••including:
Appendix A-List of Unit Prices.
Appendix B-List of Alternates.
Appendix C-List of Allowances.
7. ADDITIONAL BIDDER QUALIFICATION INFORMATION
After the bid opening;the City of Oshkosh will distribute a Request for Additional Qualification Information form,
to be completed and returned to the City Manager(address above)within 24 hours.
BID FORM-STIPULATED SUM(SINGLE-PRIME CONTRACT) 004113 -2
Spanbauer Field—Restroom Facility Renovation 19S6.1M
S. BID FORM SIGNATURES
The Corporate Seal of
Cardinal Construction Co.,Inc.
(Bidder—print the full name of your firm)
Was hereunto affixed in the presence of:
(Authorized signing
� g ficer) Title)
Robert Ketter Vice President
(Seal)
•
(Authorized signing officer) Title)
(Seal)
If the bid is a joint venture or partnership,add additional forms of execution for each member of the joint venture in
the appropriated form or forms as above.
END OF SECTION••4113
BID FORM— STIPULA 1 LD SUM(SINGLE—PRIME CONTRACT) 004113 -3
Spanbauer Field—Restroom Facility Renovation 19064M
SECTION 0I430•—PROCUREMENT FORM SUPPLEMENTS
To:Oshkosh City Manager
c/o City Clerk's Office,City Hall
215 Church Avenue
P.O.Box 1130
Oshkosh WI 54903-1130
Project:Restroom Facility Renovation—Spanbauer Field
Date: May 7, 2•2•
Submitted by: Cardinal Construction Co.,Inc.
(full name do address) 1183 Industrial Parkway
Fond du Lac,WI 54937
In accordance with Document 002113 and Document 004113, we include the Appendices to Bid Form Supplements
listed below. The information provided shall be considered an integral part of the Bid Form.
The following Appendices are attached to this document:
Appendix A—List of Unit Prices: Include unit prices for work described in Section 012000 -Unit Prices.
Appendix B—List of Alternates: Include cost variation to Bid Sum applicable to the Work described in Section
1121•1—Alternates.
Appendix C—List of Allowances: Include allowances for work described in Section•1211•-Allowances.
BID FORM SUPPLEMENTS SIGNATURES
The Corporate Seal of
Cardinal Construction Co..Inc.
(Bidder—print the full name of your firm)
Was hereunto affixed in the presence of:
•
(Authorized signing officer Title)
Robert Ketter Vice President
(Seal)
(Authorized signing officer Title)
(Seal)
PROCUREMENT FORM SUPPLEMENTS 114311- 1
Spanbauer Field—Restroom Facility Renovation 19064M
APPENDIX A- LIST OF UNIT PRICES
The following is the list of Unit Prices referenced in the bid submitted by:
(Bidder) Cardinal Construction Co..Inc.
To:Oshkosh City Manager
c/o City Clerk's Office,City Hall
215 Church Avenue
P.O.Box 1130
Oshkosh WI 54903-1130
Dated May 7,2020 and which is an integral part of the Bid Form.
The following are Unit Prices for specific portions of the Work as listed,and are applicable to authorized variations
from the Contract Documents. Refer to Section 012000—"Price and Payment Procedures: Schedule of Unit Prices"
for description of Unit Prices. Note: General Contractor to fill in unit values.
Item Description Unit Value—Added Work Unit Value—Deleted Work
1) Exterior masonry tuck pointing that exceeds quan-
tityindicatedondrawings. $ •d• $ i S
$ $
•
PROCUREMENT FORM SUPPLEMENTS 004300-2
Spanbauer Field—Restroom Facility Renovation 19.64M
APPENDIX B- LIST OF ALTERNATES
The following is the list of Alternates in the bid submitted by:
(Bidder) Cardinal Construction Co.,Inc.
To:Oshkosh City Manager
c/o City Clerk's Office, City Hall
215 Church Avenue
P.O.Box 1130
Oshkosh WI 549.3-1130
Dated May 7,2.20 and which is an integral part of the Bid Form.
The following amounts shall be added to or deducted from the Bid Sum.
Refer to Section•12•••—Alternates: "Schedule of Alternates"for description of Alternates.
Power wash exterior cmu and apply anti-
graffiti coating as specified, typical all exterior
Alternate#1 cmu. ADD $ J,5 t v
Remove existing roofing materials to existing
roof deck, provide new roof edge metal &
flashing, new 15#felt and new asphalt 41 Q 10o
Alternate#2 shingles as specified ADD $ U
•
PROCUREMENT FORM SUPPLEMENTS 004300-3
Spanbauer Field—Restroom Facility Renovation 19064M
APPENDIX C - LIST OF ALLOWANCES
The following is the list of Alternates in the bid submitted by:
(Bidder) Cardinal Constriction Co.,Inc.
To:Oshkosh City Manager
do City Clerk's Office,City Hall
215 Church Avenue
P.O.Box 1130
Oshkosh WI 54903-1130
Dated May 7,MO and which is an integral part of the Bid Fonn.
The following amounts shall be added to or deducted from the Bid Sum.
Refer to Section 1 120••—Alternates: "Schedule of Alternates"for description of Alternates.
Hardware allowance of$4,500 included for
lock sets to be supplied by owner/installed by
contractor. (This is to be included in the con-
tractors bid. This dollar amount will be cred-
ited back to the owner by change order at the C °J
DO
Allowance#1 end of the project). ADD $ ' , >
END OF SECTION 004300
PROCUREMENT FORM SUPPLEMENTS 004 300-4
Bond Number: 2435413
Document A3IOTM - 2010
Bid Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Cardinal Construction Co., Inc. of business)
ADDITIONS AND DELETIONS:
West Bend Mutual Insurance Company The author of this document has
1183 Industrial Pkwy PO Box 620976 added information needed for its
Fond Du Lac,WI 54937-2201 Middleton,WI 53562 OWNER: 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 the
Oshkosh,WI 54901-4747 standard form text is available from
the author and should be reviewed.A
BOND AMOUNT:$ Five Percent of the Amount Bid vertical line in the left margin of this
document indicates where the author
PROJECT: has added necessary information
(Name, location or address, and Project number, f any) and where the author has added to or
Spanbauer Field Restroom Facility Renovation-Oshkosh Restroom renovations and deleted from the original AIA text.
flooring. This document has important legal
consequences.Consultation with an
attomey is encouraged with respect
The Contractor and Surety are bound to the Owner in the amount set forth above,for the to its completion or modification.
payment of which the Contractor and Surety bind themselves,their heirs,executors,
administrators,successors and assigns,jointly and severally,as provided herein.The Any singular reference to Contractor,
conditions of this Bond are such that if the Owner accepts the bid of the Contractor within Surety,Owner or other party shall be
the time specified in the bid documents,or within such time period as may be agreed to by considered plural where applicable.
the Owner and Contractor,and the Contractor either(1)enters into a contract with the
Owner in accordance with the terms of such bid,and gives such bond or bonds as may be
specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction
of the Project and otherwise acceptable to the Owner,for the faithful 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.
Init AIA DocumentA310T—2010.Copyright m 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document
is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®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 10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and Is not for resale.
User Notes:
(1496601206)
Signed and sealed this 7 day of May , 2020
Cardinal Construction Co., Inc.
(Contractor as Principal) (Seal)
r1 � L�
(fitness) (Title) Robert Kerner Vice President
West Bend Mutual Insurance Company
(Surety) (Seal)
(Witness) (Title) Susan Lambert ,Attorney-In-Fact
Init AIA Document A310T"-2010.Copyright°1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This Alike Document
Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may 2
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
t software at 10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires an 0221/2021, and is not for resale.
User Notes: (1496601206)
WEST BEND THE SILVER LINING`
A MUTUAL INSURANCE COMPANY
Bond No. 2435413
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:
Susan Lambert
lawful Attomey(s)-in-fact,to make, execute,seal and deliver for and on its behalf as surety and as 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 in amount the sum of: Ten Million Dollars($10,000,000)
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21s,day of December,
1999.
Appointment of Attorney-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 by facsimile to any such power of attorney or to any certificate relating therefore and any
such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon
the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached.
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 J��
duly attested by its secretary this 22nd day of Se tember, 2017.
Attest i"iUtdbi 0 tiwr C. ' , mviu+sri „� a.
Christopher C.Zwygart 0 GORPOR4r g': Kevin A.Steiner
Secretary T SFALar Chief Executive Officer/President
State of Wisconsin
County of Washington
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 to said instrument is 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.
NOTAR. ` Juli A /�Benedum
0 Puouc.�a Senior`Corporate Attorney
.yr'••.... .. �y�:
Fof w sic Notary Public,Washington Co.,WI
"•.. My Commission is Permanent
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 West Bend,Wisconsin this 7th day of May , 2020 .
.J,�JAL IN3V
1 GORPOR4Te
.t; SF.AL h $=
` t.. Heather Dunn
"JDN`P ' Vice President—Chief Financial Officer
Notice: Any questions concerning this Power of Attorney maybe directed to the Bond Manager at NSI, a division of West Bend
Mutual Insurance Company.
1900 S. 18'h Ave. West Bend,WI 53095 I ph (262)334-6430 I 1-800-236-5004 I fax(262) 338-5058 I www.thesilverlining.com
• AIA Document A312 - 2010
Performance Bond
Bond Number:2435413
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Cardinal Construction Co., Inc. of business) ADDITIONS AND DELETIONS:
West Bend Mutual Insurance Company The author of this document has
1183 Industrial Pkwy PO Box 620976 added information needed for its
Fond Du Lac,WI 54937-2201 Middleton,WI 53562 completion.The author may also
OWNER: 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 the
standard form text is available from
Oshkosh,WI 54901-4747 the author and should be reviewed.A
CONSTRUCTION CONTRACT vertical line in the left margin of this
Date: 05/27/2020
document indicates where the author
Amount: $ 109,073.00 has added necessary information
Description: and where the author has added to or
(Name and location) deleted from the original AIA text.
Spanbauer Field Restroom Facility Renovation -Oshkosh Restroom renovations and
flooring. This document has important legal
consequences.Consultation with an
BOND attorney is encouraged with respect
Date: 05/27/2020 to its completion or modification.
(Not earlier than Construction Contract Date) Any singular reference to Contractor,
Surety,Owner or other party shall be
Amount:$109,073.00 considered plural where applicable.
Modifications to this Bond: XXXXI None See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Cardinal Constructisinn-Co., Inc. West Bend Mutual Insur nce e?any _
Signature 1-11--- Signature: / --- _
Name and Name an _ _
Title: Robert Ketter Vice President Title: MITCH KAHL ,Attorney-In-Fact— -
(Any additional signatures appear on the last page of this Performance Bond.) _ v ` -
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE: : '-- - -
JACKSON KAHL INS SERVICES (Architect,Engineer or other party.) '!, `'�
17 NORTH PIONEER ROAD N/A
FOND DU LAC,WI 54935
(800)524-5467
Init. AIA Document A312TM—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA 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
/ 10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1853247317)
,
§1 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
.1 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;
§5.3 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 part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
§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
Init. AIA Document A312T"—2010 Performance Bond.The American Institute of Architects.All tights reserved.WARNING:This AIA®Document is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in 2
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
10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1853247317)
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
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 Subcontractor and the term Owner shall be deemed to be Contractor.
Init. AIA Document A312TM—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' 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 law.This document was produced by AIA software at
10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1853247317)
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: NA Signature: NA
Name and Title: Name and Title:
Address: Address:
Init. AIA Document A312T"—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Al/0 Document is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 4
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
10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes:
(1853247317)
Nra
==-'� Document A312TM - 2010
Payment Bond
Bond Number:2435413
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Cardinal Construction Co., Inc. of business) ADDITIONS AND DELETIONS:
West Bend Mutual Insurance Company The author of this document has
1183 Industrial Pkwy PO Box 620976 added information needed for its
Fond Du Lac,WI 54937-2201 Middleton,WI 53562 completion.The author may also
OWNER: have revised the text of the original
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 the
215 Church Ave standard form text is available from
Oshkosh,WI 54901-4747 the author and should be reviewed.A
CONSTRUCTION CONTRACT vertical line in the left margin of this
Date:05/27/2020
document indicates where the author
Amount:$109,073.00 has added necessary information
Description: and where the author has added to or
(Name and location) deleted from the original AIA text.
Spanbauer Field Restroom FacilityRenovation-Oshkosh Restroom om renovations and
This document has important
flooring. p t legal
consequences.Consultation with an
BOND attorney is encouraged with respect
Date: 05/27/2020 to its completion or modification.
(Not earlier than Construction Contract Date) Any singular reference to Contractor,
Surety,Owner or other party shall be
Amount: $ 109,073.00 considered plural where applicable.
Modifications to this Bond: MI None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal) --
Cardinal Construction Co., Inc. West Bend Mutual Insurance Co any -
Signature: — Signature: %G� � iZ
Name and Name and Title: Robert Keller Vice President Title: MITCH KAHL,Astorne;r-In-Facts V _
(Any additional signatures appear on the last page of this Payment Bond.) -
7'
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
JACKSON KAHL INS SERVICES (Architect,Engineer or other party:)
17 NORTH PIONEER ROAD N/A
FOND DU LAC,WI 54935
(800)524-5467
Init. AIA Document A312T"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA'- Document is protected by U.S.
copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe .1
civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:45:00
ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1179994475)
§1 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
Construction Contract,which is incorporated herein by reference,subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from 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 Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
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 Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute
a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for
which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under
Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant
incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attomey's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by
the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any,under any construction 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 Construction 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.
Init. AIA Document A312TM—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAs Document is protected by U.S.
Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe 2
civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:45:00
ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1179994475)
§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.
§11 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 the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Init. AIA Document A312n'—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.
Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe 3
civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:45:00
ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1179994475)
§16.4 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.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 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.
§18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: NA Signature: NA
Name and Title: Name and Title:
Address: Address:
Init. AIA Document A3121''1—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.
Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA5 Document,or any portion of it,may result in severe 4
civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AM software at 10:45:00
ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1179994475)
WEST BEND THE SILVER LINING
A MUTUAL INSURANCE COMPANY
Bond No. 2435413
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:
MITCH KAHL
lawful Attorney(s)-in-fact,to make, execute,seal and deliver for and on its behalf as surety and as 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 in amount the sum of: Ten Million Dollars($10,000,000)
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December,
1999.
Appointment of Attorney-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 by facsimile to any such power of attorney or to any certificate relating therefore and any
such power ofattorneyor certificate suchfacsimile signatures orfacsimile seal shall be valid n
bearing
and bindingupon the
g P
company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon
the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached.
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 September, 2017.
NAAX5-791tu Y C. u)ti 9 akt -�aN-iris°
Attest ° 0 (�"h Cr• t."
Christopher C.Zygart �coRPoRArf S Kevin A. Steiner
Secretary ; SEAL J Chief Executive Officer/President
State of Wisconsin
County of Washington
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 to said instrument is 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. .......,
NOTARY = Juli A B nedum
Pueue ' : Senior orporate Attorney
'rF of y,�i5�°`��- Notary Public,Washington Co.,WI
• •. My Commission is Permanent
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 West Bend,Wisconsin this 27th day of May , 2020
0,ORPORATZc i7 ,>
rf SEAL
t Tr 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.
1900 S. 18th Ave. West Bend,WI 53095 I ph(262)334-6430 I 1-800-236-5004 I fax(262)338-5058 I www.thesilverlining.com
I?:1-AIA Document A312TM 2010
Performance Bond
Bond Number:2435413
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Cardinal Construction Co., Inc. of business) ADDITIONS AND DELETIONS:
West Bend Mutual Insurance Company The author of this document has
1183 Industrial Pkwy PO Box 620976 added information needed for its
Fond Du Lac,WI 54937-2201 Middleton,WI 53562 completion.The author may also
OWNER: have revised the text of the original
AIA standard form.An Additions and
(Name, legal status and address)City of Oshkosh Deletions Report that notes added
215 Church Ave information as well as revisions to the
standard form text is available from
Oshkosh,WI 54901-4747 the author and should be reviewed.A
CONSTRUCTION CONTRACT
Date: 05/27/2020
vertical line in the left margin of this
document indicates where the author
Amount: $ 109,073.00 has added necessary information
Description: and where the author has added to or
(Name and location) deleted from the original AIA text.
Spanbauer Field Restroom Facility Renovation-Oshkosh Restroom renovations and
flooring. This document has important legal
consequences.Consultation with an
BOND attorney is encouraged with respect
Date: 05/27/2020 to its completion or modification.
(Not earlier than Construction Contract Date) Any singular reference to Contractor,
Surety,Owner or other party shall be
Amount:$109,073.00 considered plural where applicable.
Modifications to this Bond: XXXX None See Section 16
CONTRACTOR AS PRINCIPAL SURETY ------•--
Company: (Corporate Seal) Company: (Corporate Seal) - =
Cardinal Construction Co. Inc, West Bend Mutual In Ave Company
Signature: Signature /
Name and Name and
Title: Robert Ketter Vice President Title: MITCH KAHL ,Artorney-In-Fact v —
(Any additional signatures appear on the last page of this Performance Bond.) - •
zz
,y�
(FOR INFORMATION ONLY—Name, address and telephone) —
AGENT or BROKER: OWNER'S REPRESENTATIVE:
JACKSON KAHL INS SERVICES (Architect, Engineer or other party.)
17 NORTH PIONEER ROAD N/A
FOND DU LAC,WI 54935
(800)524-5467
Init. AIA Document A312TM—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in j
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
10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1853247317)
§1 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
.1 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, or through its agents independent
g g P
contractors;
§5.3 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 part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
§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
Intt. AIA Document A312*m-2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in 2
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
10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021,and is not for resale.
User Notes:
(1853247317)
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
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 Subcontractor and the term Owner shall be deemed to be Contractor.
Init. AIA Document A312"'—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® 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 law.This document was produced by AIA software at
10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1853247317)
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: NA Signature: NA
Name and Title: Name and Title:
Address: Address:
Init. AIA Document A312"'—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AI/0 Document,or any portion of it,may result in 4
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
10:45:00 ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1853247317)
:„.10:ATA Document A312T' - 2010
Payment Bond Bond Number: 2435413
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
ADDITIONS AND DELETIONS:
Cardinal Construction Co., Inc. of business)
West Bend Mutual Insurance Company The author of this document has
1183 Industrial Pkwy PO Box 620976 added information needed for its
Fond Du Lac,WI 54937-2201 Middleton,WI 53562 completion.The author may also
OWNER: have revised the text of the original
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 the
215 Church Ave standard form text is available from
Oshkosh,WI 54901-4747 the author and should be reviewed.A
CONSTRUCTION CONTRACT vertical line in the left margin of this
Date:05/27/2020 document indicates where the author
Amount:$109,073.00 has added necessary information
Description: and where the author has added to or
(Name and location) deleted from the original AIA text.
Spanbauer Field Restroom Facility Renovation-Oshkosh Restroom renovations and
floorin 9. This document has important legal
consequences.Consultation with an
BOND attorney is encouraged with respect
Date: 05/27/2020 to its completion or modification.
(Not earlier than Construction Contract Date) Any singular reference to Contractor,
Surety,Owner or other party shall be
Amount: $ 109,073.00 considered plural where applicable.
Modifications to this Bond: koo< None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal) •-.
Cardinal Construction Co., Inc. West Bend Mutual Insurance Co pany - -
Si afore Signature: evE il/zi _ ✓
Name and Name and
Title: Robert Ketter Vice President Title: MITCH KAHL ,Attorney-In-Fact v =
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
JACKSON KAHL INS SERVICES (Architect,Engineer or other party) �'•J `_� ',
17 NORTH PIONEER ROAD N/A
FOND DU LAC,WI 54935
(800)524-5467
AIA Document A312TM—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.
Init. Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" 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 10:45:00
ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1179994475)
§1 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
Construction Contract,which is incorporated herein by reference,subject to the following terms.
§2 If the Contractor promptly makes of all sums due to Claimants,and defends,indemnifies payment and holds
harmless the Owner from claims,demands,liens or suits byanyperson or entityseeking
payment for labor,materials
P Ym
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
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 Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute
a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for
which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under
Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant
incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by
the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any,under any construction 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 Construction 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.
Init. AIA Document A312*"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.
Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe 2
civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:45:00
ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and Is not for resale.
User Notes: (1179994475)
§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 costsorexpenses 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.
§11 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 the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
AIA Document A312,"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.
Init. Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe 3
civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:45:00
ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1179994475)
§16.4 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.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 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.
§18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: NA Signature: NA
Name and Title: Name and Title:
Address: Address:
AIA Document A312111—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.
Init. Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe 4
civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:45:00
ET on 02/21/2020 under Order No.1487690772 which expires on 02/21/2021, and is not for resale.
User Notes: (1179994475)
__ZWEST BEND THE SILVER LINING'
A MUTUAL INSURANCE COMPANY
Bond No. 2435413
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:
MITCH KAHL
lawful Attorney(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety and as 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 in amount the sum of: Ten Million Dollars($10,000,000)
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21sI 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 maybe affixed by facsimile to any such power of attorney or to any certificate relating therefore and any
such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon
the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached.
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 See�tember,2017.
Attest PALlS C• U'til AIDJ�J�i"s`' a.
°coRPORAT �
Christopher C.Zwygart F •
�0 Kevin A. Steiner
Secretary BEAU J Chief Executive Officer/President
State of Wisconsin • •
..-...
County of Washington
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 to said instrument is 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. .•AHEM
J�} ..... O FG.
OTAR
N r` Juli A ' -nedum
.., ._PuOLIC = Senior orporate Attorney
••9r'••........•�y.
••'•Foa w�s�°.•' Notary Public,Washington Co.,WI
My Commission is Permanent
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 West Bend,Wisconsin this 27th day of May , 2020
1GO o RPoRARA7�c�'.
N 9 SEAL '
s' Heather Dunn
t: Vice President—Chief Financial Officer
Notice: Any questions concerning this Power of Attorney maybe directed to the Bond Manager at NSI, a division of West Bend
Mutual Insurance Company.
1900 S. 186 Ave. West Bend,WI 53095 I ph(262) 334-6430 I 1-800-236-5004 I fax(262) 338-5058 I www.thesilverlining.com