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HomeMy WebLinkAboutCardinal Construction/Menominee Park Restroom/Shelter CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5115 FAX (920) 236-5106 LETTER OF TRANSMITTAL To: Cardinal Construction Date: November 17, 2011 1183 Industrial Parkway Project: Menominee Park Restroom/Shelter Fond du Lac, WI 54937 From: Carol Marchant, Admin. Assistant Re: Agreement Attn: Tom Rieder Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Specifications ❑ Change Order ❑ Plans ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Signed Agreement for Menominee Park Restroom/Shelter Project These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Signed: ea cc: City Clerk (original) Parks Dept. (original) City Attorney(copy) CONTRACTOR AGREEMENT THIS AGREEMENT, made on the _26_day of October, 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Cardinal Construction, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: (Note: If anything in the Proposal conflicts with the Request for Proposals or this document, the provisions in the Request for Proposals and this document shall govern.) ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: Tom Rieder, Project Manager B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be 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. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: Chad Dallman, Park Operations Manager ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the City's Request for Proposals and Proposal of the Contractor. The Contractor bid is attached as Exhibit A, and is incorporated into this agreement to the extent it does not conflict with the City's Request for Proposals, or this agreement. The Contractor shall provide the services described in its proposal attached hereto and incorporated herein by reference. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 1 ARTICLE IV. 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 V. TIME OF COMPLETION All work to be performed under this contract shall be completed on or before April 26, 2012 unless the parties in writing agree to extend this date. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the total sum of $255,910.00 for construction of Menominee Park Restroom/shelter building adjusted by any changes as provided in the proposal, or any changes hereafter mutually agreed upon in writing by the parties hereto. 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 IV. 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. 2 ARTICLE V. INSURANCE The Contractor agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE VI. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONTRACTOR By: LS- rce3id ert/0:.Oner (Seal of Contractor (Specify Ti -) if a Corporation.) B . _ " a1�1 (Specify Title) CITY OF OSHKOSH i ,�� /` By: . /1 T c �f Uli/t Mark A. Rohloff,� City Ma ager (Witness) di It ko(Wit And: rPamefa� � Wit ss R. Ubrig, City Clerk J rr Y 3 APPROVED: I hereby certify that the necess- ary provisions have been made to I pay the liability which will accrue III Mkt A-Aso A!.��T� under this contract. CI Attorne, . , City Co '�'reeler 4 No. 1601213 WEST BEND A MUTUAL INSURANCE COMPANY'S 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: LOEHR, CHRISTINA; FOLEY, MICHAEL; DEANOVICH, PAMELA; WISNESKI, LYNDSEY 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: $3,000,000 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 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 -al to be hereto duly attested by its secretary thi 1st day arch, 2009. Attest 0.0 Ja J. Pa d GoRPORATF:: ': Kevin A. Steiner Se Ja ; ii-A SEAL Chief Executive Officer/President State of Wisconsin ?� �; e.:` County of Washington •.. On the 1st day of March, 2009 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. O;Z;!..w4: ., *` NOTARY `:* sJohn well ,,,c1 . ;? Executive Vice President-Chief Legal Officer ... ...................' Notary Public,Washington Co.WI •. F W.SGV' 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 October 20 11 60RpoRA a.G� 4_,,z- f SEAL Dale J. Kent 4./ 1 Executive Vice President- :=` Chief Financial Officer Notice: Reproductions are not binding on the company. Any"q"uestions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 8401 Grcenway Blvd. Suite 1100 I P.O. Box 620976 I Middleton,WI 53562 I ph (608) 410-3410 I www.wbmi.com 1 A A %,.. .,.... . . Document A312 - 2010 • Performance Bond CONTRACTOR: SURETY: (\arrrl>,legal status and ciddres i) (.Name, legal status and print: Cardinal Construction Co:,Inc. place of&iciness) ADDITIONS AND DELETIONS:has 1.183 Industrial Parkway West Bend Mutual Insurance Company The author of this document has added information needed for its . Fond du Lac,WI 54937 • 8401 Greenway Blvd,Ste 1100 completion.The author may also • OWNER' Middleton,WI 53562 have revised the text of the original OWNER: legal status and address) AIA standard form.An Additions and City of Oshkosh • Deletions Report that notes added 215 Church Avenue information as well as revisions to Oshkosh,WI venue 1130 the standard:form text is available CONSTRUCTION CONTRACT from the author and should be DateDate:. 10!26/ZOt 1 reviewed.A vertical line in the left 1f: 225 910;00 margin of this document indicates Amountign, where the author has added (Name and location) necessary infatuation and where the author has added to or deleted Menominee Park Restroom/Shelter Building at Pratt Trail for the Oshkosh City Parks Department, Oshkosh,Winnebago County from the original AIA text: This document has important legal BOND consequences.Consultation with an Dttt @.:1 0/2 71201 1 attorney is encouraged with respect . (Not earlier than Construction Contract Date) to its completion or modification, Arnbu m.$ 225,910.00 Any singular reference to Contractor,Surety,Owner or other Modifpations tot ;Bond: Ixxxxxxl None [ See Section 16 party shall be considered plural where applicable. CONTRACTOR AS PRINC L SURETY • Company: (C,r y•,.,r .e Seal Company:P (Corporate Seal) Signnture; A, Signature. j4' - Lnasit Name and Naine and Title: . Todd Cardinal,President Pamela Deanovich Title: Attorney-In-Fact (Any additional signatures appear on the last page of this Performance Bond) (l'OR INFORMATION ONLY-Naltle,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or'other party.) kilt. AlA Document A312TM-2010 Performance Bond.The American institute of Architects.All rights reserved,WARNING:;This Ale Document is protected by US.Copyright taw and International Treaties.Unauthorized reproduction or distribution of this AIAa Document,or any portion of it may result in severe civil and criminal penalties and will be prosecuted to.tho:maximum extent possible under the law.This document was produced byAlA software ! at 08:58:12 on 03/04/201 f under Order No.0544169414 1 which expires on 02/1612012,and is not for resale. 1 User Notes: (1395615300) §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 ifthe Contractor perform 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 attelnd. Unless the Owner agrees otherwise.any conference requested under this Section 3.1 shall he 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 ofthe following actions: §:5..t 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 tier 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 issuedon the Construction Contract,and pay to the Owner the arhount 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 Ccintractor Default;or §£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 theomottnt 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 lia.bility:in whole or in part and notify the Owner.citing the reasons for denial. 16 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 pan,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AEA Document A312i"—2010'Performance Bond.The American institute of Architects.AN rights reserved.WARNING:This AtA't Document is protected tuft' by Copyright Lew one International Treaties;Unauthorized reproduction or distrilaution of this AtA'F Document:or any portion of it,may result in 2 sevete:tivlt and oiiminal penalties,and will be.presecuted to the maximum extent possible rurder the law.This document was produced by AIA software at 08:58:12 on 03!04.12011 under Order No.0544169414: 1 which expires on 02?16/2012,and is not for resale. User Notes: (1395615300) §7 If the Surety elects to act under Section 5.1,5.2.ot 5.3,then the responsibilities of the Surety to the Owner shall: not he greater than those of the Contractor under the Construction Contract,and the responsibilities of:the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract.Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; ,2 additional legal;design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages arc specified in the Construction Contract,actual damages caused by delayed performance or rum-performance of the Contractor. • §0 If the Surety elects to eel under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this . Stmd. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are uu'elated 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,admmistraters,successors and assigns, §10 The Surety hereby waives notice of any change,including changes of time to the Construction Contract or to related subec niracts,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 ate void or prohibited by law,the rnininmuin 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 • life construction was to be performed,:anyprovision in this Bond conflicting with said statutory or legal requirement shall ire deemed deleted herefrom and provisions conforiming 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 eiannion law bond..: . . §14 Definitions- : 041 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 ofinsurance or other claims for damages to which the Contractor is entitled,reduced all Valid and proper payments made to or On behalf of the Contractor under the Construction Contract. §14.2 Conatcuctfon Contract.The agreement between the Owner and Contractor identified on the cover page,. including all ContrictDocurrrents 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 tel 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. NA Document A.112.**2010 Performance Bond.The American Institute of Architects.A rrights reserved.WARNING'This AtAe Document is.protected tnd by U.S.Copyright law and Intr'rnat oval Treaties.Unauthorizeed reproduction or distribution of this Ale Document,or any portion of It may result in 3 severe etvii.and criminal penalties,and odd be prosecuted to iiie:maxtmrun extent possible under the few.This docament was produced by AIA software at08:58:12 on 03104/2011 under Order Mo.0644183414_I which expires,on 02f1612012,and is not for resale. User Notes: (130561830p) §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the.term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor, §16 Modifications to this bond are as follows; (Space:is provided below for additio.,,1 signatures•of added parties,other than those t pearing on the cover page.) CONTRACTOR AS PRINCIP (Corporate Seal) Company: �. or eal) Company;00, Cardinal Con /i / West Bend Mutual I surance Company / - Signature: /'mitt. `�~ Signature: ����� . in-Fact Name and"Tile: Todd cardinal,President Name and Title: Pamela Deanovicil AttorneLr- Adclress: Address: MA Document A312' 2010 Performance Bond.The American Institute of Archlliects.All rights reserved-WARNING:This Ale Document Is protected Init. by US,.Copyright law and International Treaties.11inauthorized reproduction or distribution of this PJAe Document,orany portion of n,may re1UitIn 4 severe ctvfl ana criminal pcviaities,.and will be prosecuted to the maximum extavot,possible under:the law.This document was produced by AIA software i at 08:50:12 on 03104/2011 under Order No.0544169,114_1 which expires on 0211512012.and is not for resale. (1395615300) User Notes= Additions and Deletions Report for A1A Document A312 `—2010 This Additions and.Deletions:Report;as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it as well as any text the author may have added to or deleted from the original A1A text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note- This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and Its associated document were generated simultaneously by MA software at 08:58:12 on 03104/2011. There are no.differences. • • Additions and Deletions Report for AIA Document A312° —2010 Performance Bond.The American Institute of Architects.All rights reserved. WARNING:This AMA'Document Is protected by U.S.Copyright Law and International Trcatles.Unauthorized reproduction or distribution of this AIA Docurirent,or any portion of It may result In severe dvltand criminal penalties,iend.will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:5812 on 03/04/2011 under Order No.0544109414_1 which expires on 02/16/2012.and is not for res 800j User Notes: Certification of Document's Authenticity AIA'Document D4OV -2003 I, ,hereby certify,to the best of my knowledge,information and belief,that I created the attached finaI document simitltaneotusly with its associated.Additions and Deletions Report and this certification at 08:58:12 on 03/04,2011 under Order No.0544169414_1 from AlA Contract Documents software and that in preparing the attached final document 1 made no charges to the original text of AIA Document A3 127M—2010,Performance Bond.as published by the A1A in its software,other than those additions and deletions shown in the associated Additions and Deletions Report- dfrwc._ J on (Signed) l,cirri _ - ;n (Tine) (Dated) �� , a1 . Dated) (NA Document D401'"_2003.Copyright®1992 and 2003 by The American institute of Architects.Al rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this PIA Document,:or any partion of it may result In severs:civtt and criminal permitles,and:win be prosecuted to the maximum extent possible under the law:This document was produced by AR software at 08-.S8:12 on 03104/2011 under Order No 9544169454_9 which expires on 02/16/2012.and is not for resale. {1395615300) User Notes: # . . Document A312 TM - 2010 Payment Bond . . CONTRACTOR: SURETY: (Name, legal status and address) (1'crrree, legal status and principal ADDITIONS AND DELETIONS:• Cardinal Construction Co.,Inc. place of business) The author of this document has 1183 Industrial Parkway West Bend Mutual Insurance Company added information needed for its completion.The author may also Fond du Lac,WI 54937. 8401 Greenway Blvd,Ste 1100 have revised the text of the original OWNER: • Middleton,WI 53562 AlA standard form.An Addltloits and (Nance,legal status and address) Deletions Report that notes added • City of Oshkosh information as well as revisions to 215 Church Avenue the standard form text is available from the author and should be Oshkosh WI 54903-1300 CONSTRUCTION CONTRACT reviewed,A vertical line in the left 10/26/2011 margin Of this document indicates Date :.: . ... where the author has added Amc S 255,91O:OU necessary information and where (Name and Description: . the author has added to or deleted (A�'anie acrd 1pCr7fiUrl): : from the original AIA text. Menominee Park Restroom/Shelter Building at Pratt Trail for the Oshkosh City Parks Department, Tom document has text. legal Oshkosh,Winnebago Coon#y a consequences.Consultation with an BOND attorney is encouraged with respect Date:.10/27/201 Y to its completion or modification. (Not earlier than Construction Contract Date) Any singular reference to Contractor,Surety,Owner or other Amotftlt $ 255,910.0© party shall be considered plural Modifications to tint;Bond: Ixxxxxx I None I ( See Section 18 where applicable. CONTRACTOR AS • P SURETY Company: (Co n a7 Company., (Corporate Seal) . • Signatures Sigttature: Zytah 11.1440161"--- Name and . Name and Pamela Deanovich Attorney-In-Fact Title: . Todd Cardinal,Presiden Title: (A )?additional signatures appear on the last page of this Payment Bond) (FOIL IN ORMA:1O J ONLY Name, address and telephone) AGENT or BROKER: OWNERS REPRESENTATIVE: (Architect,Engineer or other party) • ALA Document A312TM—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAf':Direument:is protected by toit. 1}.9:Copyright Law and International Treaties Unsuthorlaed reproduction or distribution of this AIR'?Document,or any portioh of$1 ray result ih severe civil and criminal penalties,and will be prosecuted to the'maxtmum extent possible:under the law.This document was produced by AIR software I at 0856:08 on 03iQ4, 411,ender Order No.05445$9414_1 which expires an 02+16.12012,and is not for resale. (.1231309400) User Notes: §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 filrnished:for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the. 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 tinder 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 • seeking 13)of claims,:demands,liens or suits against the Owner or the Owner's property by any person or entity • e cking 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;indeninifyand hold harmless the Owner against a duly tendered claim,demand,hen 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 Scxtion 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 amounts that ate undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pry 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'Cla.itnant, §8 The Surety s total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's Wes provided under Section 7.3,and the amount of.'this Bond shall be credited for any paytnenta.made in good faith .. by the Surety §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall he 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 andSurety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. AtA Document A312�P-2010 Payment bond.The American Institule of Architects.All rights reserved.WARNING:This AMA!'Document is protected by Init. MS.etpyrrghtiLAW and.'Interpatianai Treaties.Unauthorized reproduction.os^diatributioi,of this AlA'Document.,or any portion of it may result in 2 severe ch*a and criminal penalties;and will be prosecuted to:the tmaxhnitni extent'possible landes the law This document was produced by NA software at 08:56:08 on D3/002011 under Order No.05441.69414_1 which expires.on 02r1612012.,and is not for resale. (1231309400) User Notes; §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 slate 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 oflimitation 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 hereffi'om 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 ofthe 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 ainount 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 aiiiotmt 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 cl:aitn 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, tight;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. Inik AIA Document A312i' -2010 Payment Bond.The American institute of Architects.Ail rights reserved.WARNING:This Ale'Document is protected ray U.S.Copyright.Levi and international Treaties.unauthorised reproductioo.or distribution of thisAIA`Document,or any portion of it may result in 3 severe civ9 and criminal penalties;and will be pYosecuted to the maximum extent possible under the law:This document was produced by AIA software at 08:56:08..on 0310412011.under Order No.0544169414.1 which expires on 02/16/2012,and is not for resale. User Notes: (1231309400) §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required imder the Construction Contract or to perform and complete or comply with the-other material terms of die Construction Contract. §16:5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17.1f 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 he Contractor. §18 Modifications to this bond are as follows: Space is provided below for addit''nal.signaiirres of added other than those appearing on the coic page.) CONTRACTOR AS PRINCIPAL SURETY ( it' or./- Seal) Company: (Corporate Seal) Company: i West Bend Mutual Insu race Company Cardinal • . --•/'//�r . / f� S nature: ' ..t Signature: -.)c Igr Name and Title :Pam and fide: Pam Deanovich,Attorney-in-Fact Atldreis: Todd Cardinal President Address: • • AlA Document A312'"-.2010 Pa ent Bond.The American Institute of Architects.All rights reserved;WARNING:This Ake document is protected.by Init. U.S.Copyright Law and international Treaties:Un4Uthorized reproduction or distribution of this AIA''Document.or ally portion of It may result in 4 severe civil and criminal penalties,and win be prosecuted to:the.maximum extent possible under the law,This docUmentwrs produced by Ai*software 1 at 0$:56:08 on 03/04/201i under Order No.054415941.4_„1 which expires on 02'1612012,and is not for resale. (1234309400) User Notes: Additions and Deletions Report for AIA Document A3121-14 2010 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added:text is shown underlined.Deleted text Is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report Is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document,This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 08.56'06 on 03/04/2011. There are no differences. Additions and Deletions.Report forAlA.Document A312-' —2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING: This AIA Docufnerd is Protected by U-S•Copyright Law arid International Treaties.Unauthorized reproduction or distribution of this.Ale Document. or any portion of it,may result in severe civil and.crimiriai penattieS,and will tie}rosectited to the maximum extent:possible under the law.This doeumenl was produced by AIA sofaware at 06:56:08 on 03,0412011 under Order No.0544169414.1 which expires on 02/16/2012,and is not fort,sa13 400) User Notes: :Certification of Document's Authenticity AIA®Document D40 1 T M —2003 I, ,hereby certify,to the best of my knowledge,information and belief,that 1 created attached:Final document simultaneously with its associated:additions and Deletions Report and this certification at 08:56:08 on 03/04/2011 under Order No M44169414 from AlA Contract Documents software and that m preparing the attached final document I made no changes to the original text of AlA't Document A312T14—2010.Payment Bond,as published. by the AEA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. Wilti ‘ G "- (Signed) (ide) AsV1 -; /4 7 Roil (Dared) AlA Document D401 TM—2003.Copyright©1902 and 200$by The American Institute of Architects.All rights reserved.WARNING;This Ate Document is protected by U.S.Copyright LOW and international Treaties.Unauthorised reproduction or distiihution of this Ale Document,or any portion of it, may result in severe civil and criminal penalties,and will be prosacuted'to the maximum extent possible under the law.This document was produced by AIA software at(18:56:08 on304/2Q1 1 under Order No.0944169414._1 which expires on 02i16t2012,and is not for resale. (1731300400) User Notes: OP ID: PD DATE(MMIDP ID:) Aco°R CERTIFICATE OF LIABILITY INSURANCE I 10127!11 THI�TIFICATE 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 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). CONTACT Debbie Schommer PRODUCER 800-524-5467 NAME: 920-922-1455 Jackson Kahl Insurance-FDL 866-218-6850 PHON ,E�tr 920-922 446 1 FAX,No):39 South Marr Street Suite 101 .O.Box 950 E-MAIL EADDRESS:debbie@cardinalconstructionco.com Fond du Lac,WI 54936 PRODUCER CARDI-5 CUSTOMER ID#: Mitch Kahl,CIC INSURER(S)AFFORDING COVERAGE NAIC# INSURED Cardinal Construction Co.,Inc INSURER A:West Bend Mutual Insurance Co. 15350 PO Box 564 INSURER B:Zurich Small Business Fond du Lac,WI 54936-0564 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS ADDL'SUBR POLICY EFF I POLICY EXP IN LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYY) (MM/DD/YYYY) 1,000,000 EACH OCCURRENCE $ GENERAL LIABILITY DAMAGE TO(Ea RENTED occurrence) $ 200,000 CPS136058201 10101/11 10/01/12 PREMISES A X COMMERCIAL GENERAL LIABILITY MED EXP(Any one person) $ 10,000 CLAIMS-MADE X OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: Emp Ben. $ 1,000,000 POLICY X ,PjTY LOC COMBINED SINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY (Ea accident) A X ANY AUTO CPS136058201 10/01/11 10/01/12 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ CPS136058201 10/01/11 10/01/12 (Per accident) A X HIRED AUTOS 10/01/11 10/01/12 $ A X NON-OWNED AUTOS CPS136058201 $ EACH OCCURRENCE $ 5,000,000 X UMBRELLA LIAB X OCCUR 5,000,000 EXCESS LIAB 10/01/11 10/01112 AGGREGATE $ CLAIMS-MADE CUS136058301 A $ DEDUCTIBLE $ X I RETENTION $ -0- WC STATU- OTH- WORKERS COMPENSATION X I TORY LIMITS I I ER AND EMPLOYERS'LIABILITY VAS027469514 10101111 10/01!12 E.L.EACH ACCIDENT $ 100,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE Y N NIA E.L.DISEASE-EA EMPLOYEE $ 100,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 500,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION ders Risk k OPERATIONS below 08/05/11 08/05/12 Bdg Limit 400,000 B Builders Risk ER70474616 1 Ded 5,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) See attached: This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by the policies described herein. CERTIFICATE HOLDER CANCELLATION CITYOSI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue Oshkosh,WI 54901 AUTHORIZED REPRESENTATIVE Mitch Kahl,CIC y ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CITYOSI CARDI-5 PAGE 2 INSURED'S NAME Cardinal Construction Co., Inc OP ID: PD DATE 10/27111 City Clerk-City of Oshkosh are listed as an additional insureds on all liability policies arising out of project work shall be City of Oshkosh, and its officers,council members,agents,employees and authorized volunteers as are listed as additional insured as required by written holder by or on behalf of the to work per blanket the insured endorsement provided by West Bend Mutual Insurance. Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail written notice to the certificate holder named, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agent or representative. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTOR'S BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended 3. Except when required by written contract or to include as an additional insured any person or written agreement, the coverage provided to organization whom you are required to add as an the additional insured by this endorsement additional insured on this policy under a written does not apply to: contract or written agreement. a. "Bodily injury" or "property damage" occur- The written contract or written agreement must ring after: be: (1) All work on the project (other than 1. Currently in effect or becoming effective dur- service, maintenance or repairs) to be ing the term of this policy; and performed by or on behalf of the addi- 2. Executed prior to the "bodily injury," "property tional insured at the site of the covered damage," "personal injury and advertising in- has been completed;or jury." (2) That portion of "your work" out of which B. The insurance provided to the additional insured the injury or damage arises has been is limited as follows: put to its intended use by any person or organization other than another con- 1. That person or organization is only an addi- tractor or subcontractor engaged in tional insured with respect to liability arising performing operations for a principal as out of: part of the same project. a. Your premises; b. "Bodily injury" or"property damage" arising b. "Your work"for that additional insured;or out of acts or omissions of the additional c. Acts or omissions of the additional insured insured other than in connection with the in connection with the general supervision general supervision of your work." of "your work." 4. The insurance provided to the additional in- 2. The Limits of Insurance applicable to the sured does not apply to "bodily injury," "prop additional insured are those specified in the erty damage," "personal injury and advertising written contract or written agreement or in the injury" arising out of an architect's, engineer's, Declarations for this policy, whichever is less. or surveyor's rendering of or failure to render These Limits of Insurance are inclusive and any professional services including; not in addition to the Limits of Insurance a. The preparing, approving, or failing to shown in the Declarations. prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; and b. Supervisory, or inspection activities per- formed as part of any related architectural or engineering activities. WB 1482 06 06 West Bend Mutual Insurance Company Page 1 of 2 West Bend, Wisconsin 53095 C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS is amended with the addition of the fol- lowing: 4. Other insurance b. Excess insurance This insurance is excess over: Any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract spe- cifically requires that this insurance be ei- ther primary or primary and noncontribut- ing. Where required by written contract, we will consider any other insurance maintained by the additional insured for injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this insurance. When this insurance is excess, as a con- dition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or suit to all other insurers that may provide coverage to the additional insured, whether on a contingent, excess or primary basis. Page 2 of 2 West Bend Mutual Insurance Company WB 1482 06 06 West Bend, Wisconsin 53095