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HomeMy WebLinkAboutBONDS-Museum Renovation-Cardinal Constructiono :0►R, CITY OF OSHKOSH Contract Number Bond Number 2567620 Date Bond Executed (Date of Contract or Later) February 29, 2024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Cardinal Construction Company, Inc 1183 Industrial Parkway Fond du Lac, WI 54937 SURETY(IES) (Legal Name(s) and Business Address(es)) West Bend Mutual Insurance Company 1900 South 18th Avenue West Bend, WI 53095 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation Wisconsin Penal Sum of Bond Five Percent of the Amount Bid The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this Contractor within the time specified in the bid documents or within such time period as may be agreed upon between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business days of written notice to the Contractor and Surety of Owner's intent to make a claim upon this Bond. 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. If the Contractor either enters into a contract with Owner in accordance with the terms of the bid and gives such bond(s) that may be specified in the bidding documents for the faithful performance of the Contract and for the prompt payment of labor, materials and supplies furnished for the purpose thereof; or pays to the Owner the difference between the amount specified in the bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered in such bid, then the Surety and the Contractor shall have no obligation under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Card iryzrC�nstruction Company, Inc West Bend Mutual Insurance Company of P ncipal/CoDtKaoor Name of Surety aul Duest rbeck, President Title Cindy Massman, Attorney -In -Fact WEST BEND A MUTUAL INSURANCE COMPANY' POWER OF ATTORNEY THE SILVER LINING® Bond No. 2567620 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: Cindy Massman 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: Twenty Million Dollars ($20,000,000) 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 2111 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 duly attested by its secretary this 17th day of August, 2021. Attest UVUtA� �' �910& Christopher C. Z gart Secretary State of Wisconsin County of Washington • .J.��jP1.IN3U�'•• �h C.f . � . it: RPORAI' `�`` E`'..�; Kevin A. Steiner RA SEAL ' Chief Executive Officer/President On the 17th day of August, 2021, 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. Matthew E. Carlton Senior Corporate Attorney 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 29th day of February 2024 6ORPORATF',. �k Heather Dunn .. c. ` �' Vice President — Chief Financial Officer Notice: Any questions concerning this Power of Attorney may be directed to the Bond Manager at West Bend Mutual Insurance Company. 1900 South 18th Avenue I West Bend, WI 53095 1 Phone: (608) 410-3410 1 Fax: (877) 674-2663 1 www.thesilverlining.com PAYMENT BOND Contract Number Bond Number Date Bond Executed (Date of Contract or Later) PRINCIPAUCONTRACTOR (Legal Name and Business Address) Cardinal Construction Company, Inc 1183 Industrial Pkwy Fond du Lac, WI 54937 SURETY(IES) (Legal Name(s) and Business Address(es)) West Bend Mutual Insurance Company 1900 South 18th Avenue West Bend, WI 53095 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation Wisconsin Penal Sum of Bond $241,441.00 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract identified above, which is incorporated herein by reference, subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from ?!I claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim, demand, lien or suit. Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Cardinal C struction Company, Inc Name of, f rinci I/Contrac Title ul Duesterbeck, President West Bend Mutual Insurance Company Name of Surety Title Cindy Mas an, AJoney-In-Fact PERFORMANCE BOND Contract Number Bond Number Date Bond Executed (Date of Contract or Later) PRINCIPAUCONTRACTOR (Legal Name and Business Address) Cardinal Construction Company, Inc 1183 Industrial Pkwy Fond du Lac, WI 54937 SURETY(IES) (Legal Name(s) and Business Address(es)) West Bend Mutual Insurance Company 1900 South 18th Avenue West Bend, WI 53095 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation Wisconsin Penal Sum of Bond $241,441.00 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above, which is incorporated herein by reference. This Bond shall cover any work performed during initial construction and any warranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after: 4. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract. Within five (5) business days of the Owner's notice, either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five (5) business days of the request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed a reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any, to subsequently declare the Contractor in default; 5. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and 6. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actions: 6. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract; 7. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 8. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 9. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or 10. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above, Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. Cardinal Name V ction Company, Inc West Bend Mutual Insurance Company itractor Name of Surety ck, Presi ent Title Cindy Ma T an, Att rney-In-Fact WEST BEND POWER OF ATTORNEY Bond No. 2567620 Know all men by these Presents, that West Bend Insurance Company (formerly known as West Bend Mutual Insurance Company prior to 1/1/2024), a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: Cindy Massman 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: Thirty Million Dollars ($30,000,000) 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 Insurance Company by unanimous consent resolution effective the 15t day of January 2024. Appointment of Attorney -In -Fact The president or any vice president, or any other officer of West Bend 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. Any reference to West Bend Mutual Insurance Company in any Bond and all continuations thereof shall be considered a reference to West Bend Insurance Company. In witness whereof, West Bend 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 1st day of January 2024, RAiyO Attest UVtit�D�U t" . , 4 - �` O;.o�HoiT:F': i✓'�LJ` r 7S_ _ Christo her C. Z y a t Z Co f= SEAL = Robert J. Jacques Secretary y, �`v�'y c;'aa1 President o State of Wisconsin County of Washington On the 1s' day of January 2024, before me personally came Robert Jacques, to me known being by duly sworn, did depose and say that he is the President of West Bend 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. BENF�G,,,� =N,:'• '0UBL1O .y�`�� ead orporate Attorney q •.• p" 5�0?0` ota V Public, Washington Co., WI My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend 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 March 2024 ��Il,ll l�na b�PPo�9 Fc�c)•� co- t= SEAL h= ) � Christop er C. Zwy ar r d) ki S ez '-NTpN Secretary 1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilverlining.com CARnc0N.01 DWHITNEY01 AC�R;D. �,�� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 3/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AVID Risk Solutions AVID 2501 Parmenter Street Suite 200A Middleton, WI 53562 CONTACT NAME: A/C No, Ext : (608) 827-4525 FA No):(608) 827-4712 E-MAIL ADDRESS: certificates@avidrisk.com INSURERS AFFORDING COVERAGE NAIC # INSURER A:Donegal Mutual Insurance Company 13692 INSURED INSURER B : INSURER C : Cardinal Construction Co Inc INSURER D : 1183 Industrial Pkwy Fond Du Lac, WI 54937 INSURER E INSURER F : nweonn_oe 11o0T1r1rA1re nnteeQee• RFVISI[)N NIIMRFR- .. THIS IS TOCERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN RI LTR TYPE OF INSURANCE ADDL INSD SUBR D POLICY NUMBER POLICY EFF M DD YY POLICY EXP MM DD YYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE F­X] OCCUR X CPA9349373 10/1/2023 10/1/2024 DAEMISETO RENcur ante ,$ 100,000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [ X] JEeT [X] LOG GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Ee aBINEDtSINGLE LIMIT $ 1,000,000 BODILY INJURY Per erson $OWNED ANY AUTO X CA9349373 1011/2023 10/112024 BODILY INJURY Per accident $ SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY Ix PeraucitlenDAMAGE $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 AGGREGATE 6,000,000 EXCESS LIAB CLAIMS -MADE CWA9349373 1011/2023 10/1/2024 ID ED X RETENTION$ 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICERWEMBER EXCLUDED? (Mandatory in NH) N / A 1000034380 10/1/2023 1011/2024 X STATUTE X OTRH- E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Project: Waldwic Gallery Renovations City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are listed as additional insureds with ongoing and completed operations in regard to general liability and additional insureds in regard to auto liability per written agreement. Umbrella follows form. City of Oshkosh Attn: City Clerk 215 Church Ave PO Box 1130 Oshkosh, WI 54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �42—Al ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rlgnts reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 79883159-A655-4F2F-B3A5-076FF95B256D City �` COPY o Oshkosh CONTRACTOR AGREEMENT: OSHKOSH PUBLIC MUSEUM WALDWIC GALLERY RENOVATION CITY OF OSHKOSH THIS AGREEMENT, made on the 2711, day of MARCH, 2024, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARDINAL CONSTRUCTION CO., INC., 1183 INDUSTRIAL PARKWAY, FOND DU LAC, WI 54937, hereinafter referred to as the CONTRACTOR, WI'INESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: A. This Instrument B. Proposal Solicitation C. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II..PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Paul Duesterbeck, President) City Hall, 215 Church Avenue P,O. Box 1130 Oshkosh, WI 54903-1130 http://www,ci.oshkosh.wi.us DocuSlgn Envelope ID: 79883159-A655-4F2F-B3A5-076FF95B256D 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. e City snail provided with a resume or other information for any proposed substitute an ? opportunity to interview that person prior to any proposed change. �J ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (MIKE BLANK, Facilities Project Coordinator) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled "WALDWIC GALLERY RENOVATION: OSHKOSH PUBLIC MUSEUM" dated February 2, 2024, and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The Contractor shall perform services in the timelines as identified in the Invitation for Bids. Any changes to completion dates must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor $241,441.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Fee schedules shall be firm for the duration of this Agreement. i. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. ii. Additional Costs. Costs for additional services shall be negotiated and set forth in a written DocuSign Envelope ID: 79883159-A655-4F2F-B3A5-076FF95B256D amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. COPY ARTICLE VIII. STANDARD PROVISIONS The CONSULTANT 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. ARTICLE IX. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE X. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE XI. TERMINATION C. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. D. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. SiQrtres. By placing their signatures below, each individual affirms that the entity they represent is authorized to enter into this Agreement, and further affirm that they are authorized by the entity they are representing to bind their respective parties to the terms and conditions of this Agreement. DocuSlgn Envelope ID: 79883159-A655-4F2F-B3A5-076FF95B256D APPROVED: DocuSigned by: 42F6A3370E8'1498... City Attorney CARDINAL CONSTRUCTION CO., IN -Copy DocuSigned by: By: [Pa �ut t� w Wes. yrnRA7egnF'1asAoe Paul Duesterbeck, President CITY OF OSHKOSH DocuSigned by: By: Mark A. Rohloff, City Manager DocuSigned by: And: FU28=47FASS Diane Bartlett, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. DocuSigned by: oa arAcancannnr - — City Comptroller DocuSign Envelope ID: 79883159-A655-4F2F-B3A5-076FF95B256D CITY OF OSHKOSH INVITATION FOR BID: C OPY WALDWIC GALLERY RENOVATION- OSHKOSH PUBLIC MUSEUM BID PROPOSAL FORM Page 1 of 2 From: Cardinal Construction Co., Inc. (bidder's company name) BID SUBMITTAL DEADLINE: BY 10:00 A.M., THURSDAY, FEBRUARY 29, 2024 Date: 3/7/2024 Addenda: Receipt of Addenda numbered #3 of #3 are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write "N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and/OR specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): Q-4 TOTAL BASE BID: Bid Price — in Words) 33 DocuSign Envelope ID: 79883159-A655-4F2F-B3A5-076FF95B256D CITY OF OSHKOSH INVITATION FOR BID: COPY WALDWIC GALLERY RENOVATION- OSHKOSH PUBLIC MUSEUM BID PROPOSAL FORM Page 2 of 2 SIGNATURES Date: 3/7/2024 Name of Company: Cardinal Construction Co., Inc. Submitted by; (name/title) Paul Duesterbeck, President Email: Paul@cardinalconstructionco,com Address of Company: 1183 Industrial Parkway, Fond du Lac, WI 54937 Phone: (920) 922-4446 Company the bid: _' Signature will be named Project Manager for this project, if awarded Title President Company Representative authorized to sign contracts electronically via DocuSign: Name: Paul Duesterbeck Email: paui@cardinalconstructionco.com That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf, and that sai statemen are true and correct. Signature Title President Warranty Details: One vear from substantial completion date of project. 34