Loading...
HomeMy WebLinkAboutCardinal Construction Co/Carriage House/Museum ORIGINAL CONTRACTOR AGREEMENT- CARRIAGE HOUSE 2ND FLOOR REINFORCEMENT- FOR CITY OF OSHKOSH PUBLIC MUSEUM THIS AGREEMENT, made on the 14TH AUGUST 14, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARDINAL CONSTRUCTION CO, 1183 INDUSTRIAL PARKWAY, FOND DU LAC, WI 54937, hereinafter referred to as the CONTRACTOR, WITN ESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (TODD CARDINAL, PRESIDENT/OWNER, CARDINAL CONTRUCTION CO INC) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (NICK RHODEN, OSHKOSH PUBLIC MUSEUM ) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Specifications dated JULY 17, 2013, referred to as the "Invitation for Bid" for CARRIAGE HOUSE 2NO FLOOR REINFORCEMENT- FOR CITY OF OSHKOSH PUBLIC MUSEUM 1 and the Contractor's bid proposal form dated AUGUST 1, 2013. The Contractor's bid form is attached hereto as Exhibit A. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with this agreement, the CITY'S Bid Specifications and the provisions in this agreement 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 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 The work to be performed under this contract shall be completed by SEPTEMBER 13, 2013 AFTER RECEIPT OF ORDER unless the parties in writing agree to extend this date. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $25,915.00 (Twenty-five thousand nine hundred fifteen dollars), 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 to 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. 2 ARTICLE VII. 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 VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Specifications dated JULY 17, 2013, referred to as the "Invitation for Bid" for CARRIAGE HOUSE 2ND FLOOR REINFORCEMENT - FOR CITY OF OSHKOSH PUBLIC MUSEUM dated JULY 17, 2013 which is fully incorporated into this Agreement. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. 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. 3 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 IC• 4 •ULTANT q By: (Seal of Contractor (Specify Title if a Corporation.) I By: • i ___ Pcc,s1c\erytiffloner (Specify Title) CITY OF OSHKOSH / By: A ;�,_ A./4 Mark A. Rohloff, City Manager itness) A At__ (. And Af.Atil 0:0 (Witness) - A�!1�IV'.'�R. •,, _• - . AlVia s. ` DeeKOl, #4,141 Ck,± APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue A asik + 4 under this contract. City Attorney Sk_e4-K:), City Co tAller 4 Cv&/ 4fTA Annex 2"d Floor Reinforcing—Oshkosh Public Museum M1229 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 54903-1130 Project: Annex 2"d FIoor Reinforcing—Oshkosh Public Museum Date: August 1, 2013 Submitted by: Todd Cardinal _ (full name&address) Cardinal Construction Company, Inc. 1183 Industrial Parkway Fond du Lac WI 54937 1. OFFER Having examined the Place of The Work and all matters referred to in the 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 perform the Work for the Sum of: $25,915.00 $ Twenty-five thousand nine hundred fifteen dollars, in lawful money of the United States of America. We have included the security deposit as required by the Instruction to Bidders. All applicable federal and local taxes are included in the Bid Sum. 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 General Services Bureau Manager,agree to an extension. If the bid is accepted,the bidder must execute and file the proper contract within ten(10)days after award by the Common Council and receipt of the contract form for signature. In case the successful bidder shall fail to execute and deliver the Contract and Performance Bond within the time limited by the City,the amount of the bid bond shall be forfeited to the City of Oshkosh as liquidated damages. 3. CONTRACT TIME If this Bid is accepted,we will: • Complete the Work by(date) August 30, 2013 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: 10 percent overhead and profit on the net cost of our own Work; 8 percent on the gross cost of work done by any Subcontractor. BID FORM—STIPULATED SUM(SINGLE— [PRIME CONTRACT 004113- 1 Annex 2"d Floor Reinforcing—Oshkosh Public Museum M1229 On work deleted from the Contract,our credit to the Owner shall be the Architect/Engineer approved net cost plus 5 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#1 Dated 7/30/13 Addendum# Dated Addendum # Dated Addendum# Dated 6. APPENDICES The following documents are attached to and made a condition of the Bid: Bid security deposit in form of BID BOND 7. ADDITIONAL BIDDER QUALIFICATION INFORMATION The City of Oshkosh Contractor/Bidder Qualification Form shall have been submitted to the General Services Man- ager on or before July 29,2013 is indicated in the Official Notice to Contractors. If this form was not submitted by the stated date,this bid will be rejected for noncompliance.. 8. BID FORM SIGNATURES The Corporate Seal of Cardinal Construction Company Inc. (Bidder—print the full name of your firm) Was hereunto affix-: i the eresenceip o Or President/Owner (Authorized signing officer) Title) (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 004113 BID FORM—STIPULATED SUM(SINGLE—[PRIME CONTRACT 004113 -2 rtrturermirrrtrt ! lf General Contractor(Commercial&Industrial)-ESTABLISHED 1980 1183 INDUSTRIAL PARKWAY(54937) P.O.BOX 564 FOND DU LAC,WI 54936-0564 PHONE:(920)922-4446 FAX: (920)-922-1455 August 1, 2013 Annex 2nd Floor Reinforcing — Oshkosh Public Museum We will power wrench first joist support with an observer on top of floor to monitor vibration. If vibration is minimal we will continue. If heavy vibration occurs we will then hand wrench in bolts to duration of project. TEAMWORK Divides the Task—Doubles the Success Visit us at www.cardinalconstructionco.com , ti Document A31 0 TM - 2010 Bid Bond 2019841 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Cardinal Construction Co.,Inc. of business) West Bend Mutual Insurance Company ADDITIONS AND DELETIONS: 1183 Industrial Pkwy 8401 Greenway Blvd,Ste 1100 The author of this document has Fond Du Lac,WI 54937-2201 added information needed for its 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 215 Church Ave Deletions Report that notes added Oshkosh WI 54901-4747 information as well as revisions to the standard form text is available BOND AMOUNT:$ Five Percent of the Amount Bid from the author and should be reviewed.A vertical line in the left PROJECT: margin of this document indicates (Name,location or address, and Project number, if any) where the author has added Annex Floor Reinforcement-Oshkosh Public Museum 1331 Algoma Boulvard Oshkosh WI necessary information and where 54901 the author has added to or deleted from the original AIA text. The Contractor and Surety are bound to the Owner in the amount set forth above,for the This document has impa nt legal consequences.Consultatiofon with an payment of which the Contractor and Surety bind themselves,their heirs,executors, attorney is encouraged with respect administrators,successors and assigns,jointly and severally,as provided herein.The to its completion or modification. conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be Any singular reference to agreed to by the Owner and Contractor,and the Contractor either(1)enters into a Contractor,Surety,Owner or other contract with the Owner in accordance with the terms of such bid,and gives such bond or party shall be considered plural bonds as may be specified in the bidding or Contract Documents,with a surety admitted where applicable. in the jurisdiction of the Project and otherwise acceptable to the Owner,for the 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. AIA Document A310"—2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA Init. Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe 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 09:35:07 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (1227839541) Signed and sealed this 1 day of August,2013 C. :' al onstruction e. tic. , a i Contra cto a a oar (Seal) (Witness) (Title)Todd Car.in. ,President West Bend Mutual Insurance Company I (S e ) (Seal) / l'A__ (Witness) (Title)PAMELA DEANOVICH Attorney-In-Fact Init. AIA Document A310•"—2010.Copyright© Ale 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AI Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any 2 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 t was produced by AIA software at 09:35:07 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (1227839541) WEST BEND 2019841 A MUTUAL INSURANCE COMPANY• 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: PAMELA DEANOVICH 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: Six Million Dollars($6,000,000) 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 th' 1st day arch, 2009. Attest • :• Ah _• Ja J. Pa if f�RPORAr 1F 4 ' F` Kevin A. Steiner Se to Chief Executive Officer i President State of Wisconsin ot4cP .. ' N; 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. * NOTARY * : John . well cf.4',. PUBLIC :i?,•' Executive Vice President-Chief Legal Officer •` �� .... O2q` Notary Public,Washington Co.WI yytSG 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 1 day of August , 2013 CARPORArF 2;\ C-14)471-.24- /4.-, II"- f SEAL Dale J. Kent Executive 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 8401 (3reenwa) Blvd. Suite 111)1) l P.O. Box 621)976 I Nliddleton, Wi 53562 I ph (608) 411)-3411) I www.thesilvcrlining.com �__........N CARDCON-03 PDEANOVICH ACC)/20' CERTIFICATE OF LIABILITY INSURANCE DA 8/2/2013 ) 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 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 NAME:CONTACT Pam Deanovich,CISR Jackson Kahl Insurance Services,LLC PHONE /g00 524-5467 1112 FAX 866 218-6850 39 S.Marr St (A/C,No,Est):\ ) (A/C,No): ( ) Fond Du Lac,WI 54935 AD Bess:Pdeanovich@jacksonkahl.com INSURER(S)AFFORDING COVERAGE NAIC X INSURER A:West Bend Mutual Insurance Co. 15350 INSURED INSURER B: Cardinal Construction Co,Inc. INSURER C: PO Box 564 INSURER D: Fond du Lac,WI 54936-0564 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. INSR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMILDDIIYYYY) (MMIDD/YYYY1 LIMITS LTR INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CPS1360582 10/1/2012 10/1/2013 PREM SESO(Ea occurrence) $ 200,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 'GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X 72-y- LOC PROPERTY DAMAGE $ 2,500 AUTOMOBILE LIABILITY (EOa BINEDt SINGLE LIMIT $ 1,000,000 A X ANY AUTO CPS1360582 10/1/2012 10/1/2013 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROaERTYDAMAGE $ AUTOS (Per accident X UMBRELLA LIAB X OCCUR 1 EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE CUS1360583 10/1/2012 10/1/2013 AGGREGATE $ 5,000,000 X DED I RETENTION$ $ WORKERS COMPENSATION X WC STATU- OTH- TORY LIMIT$ ER AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N YDS0274695 10/1/2012 10/1/2013 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) - E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A Installation Floater CPS1360582 10/1/2012 10/1/2013 Limit of Ins 100,000 A Equipment Floater CPS1360582 10/1/2012 10/1/2013 Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project:Oshkosh Public Museum Floor Reinforcement The City of Oshkosh,City of Oshkosh Consultatns,architects,architects consultants,engineers,engineer consultants,contractors,and subcontractors are listed as additional insured as required by written contract,but only in regards to the work performed for the certificate holder by or on behalf of the named insured perblanket additional insured endorsement provided by West Bend Mutual Insurance Company. CERTIFICATE HOLDER CANCELLATION 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 Street Oshkosh,WI 54901 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Ili liGANAL 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- operations 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 ORlaibigu 41-'.i Document A312r" - 2010 Performance Bond 2019841 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal Cardinal Construction Co.,Inc. place of business) ADDITIONS AND DELETIONS: The author of this document has West Bend Mutual Insurance Company added information needed for its 1183 Industrial Pkwy 8401 Greenway Blvd,Ste 1100 completion.The author may also Fond Du Lac,WI 54937-2201 have revised the text of the original OWNER: Middleton,WI 53562 AIA standard form.An Additions and (Name, legal status and address) Deletions Report that notes added City of Oshkosh information as well as revisions to 215 Church Ave the standard form text is available Oshkosh WI 54901-4747 from the author and should be CONSTRUCTION CONTRACT reviewed.A vertical line in the left Date: 08/09/2013 margin of this document indicates Amount: $ 25,915.00 where the author has added Description: necessary information and where (Name and location) the author has added to or deleted Annex Floor Reinforcement-Oshkosh Public Museum 1331 Algoma from the original AIA text. Boulvard Oshkosh WI 54901 This document has important legal BOND consequences.Consultation with an Date: 08/12/2013 attorney is encouraged with respect to its completion or modification. (Not earlier than Construction Contract Date) Any singular reference to Amount:$ 25,915.00 Contractor,Surety,Owner or other Modifications to this Bond: xxxxx)1 None See Section 16 party shall be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Cardinal Construction Co., Inc. West Bend Mutual ttsurance Co ..ny Signature: Signature: �� ill_�- :/1 Name and Todd Cardinal President Name and PAMELA DEANOVICH,Attorney-In-Fact Title: Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: JACKSON KAHL INSURANCE (Architect, Engineer or other party:) 39 S MARR ST Tom Karrels FOND DU LAC,WI 54936 AIA Document A312TM—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AlA6 Document is protected Init. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe 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 12:14:59 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (1800237360) §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. AIA Document A312TM—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA"'Document is protected Init. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 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 12:14:59 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (1800237360) §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required 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. Init. AIA Document A312TM—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in 3 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:14:59 on 03/2312012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (1800237360) §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 arc 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: /Co .. rte Seel Company: (Corporate/Seal) Signature: % NG�', Signature: fruit tk. .> / — Name and Title: Name and Title: Address: Address: AIA Document A312' —2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected init. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 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 12:14:59 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (1800237360) C� a+da tser I,iI. =-:.AIA Document A312TM - 2010 Payment Bond 2019841 CONTRACTOR: SURETY: (Name,legal status and address) (Name, legal status and principal Cardinal Construction Co.,Inc. place of business) ADDITIONS AND DELETIONS: West Bend Mutual Insurance Company The author of this document has 1183 Industrial Pkwy added information needed for its 8401 Greenway Blvd,Ste 1100 completion.The author may also Fond Du Lac,WI 54937-2201 OWNER: Middleton,WI 53562 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 215 church Ave the standard form text is available Oshkosh ,WI 54901-4747 from the author and should be CONSTRUCTION CONTRACT reviewed.A vertical line in the left Date: 08/09/2013 margin of this document indicates Amount:$ 25,915.00 where the author has added Description: necessary information and where (Name and location) the author has added to or deleted Annex Floor Reinforcement- Oshkosh Public Museum 1331 Algoma from the original AIA text. Boulvard Oshkosh WI 54901 This document has important legal BOND consequences.Consultation with an Date: 08/12/2013 attorney is encouraged with respect to its completion or modification. (Not earlier than Construction Contract Date) Any singular reference to Amount:$ 25,915.00 Contractor,Surety,Owner or other Modifications to this Bond: xxxxxx None See Section 18 party shall be considered plural where applicable. CONTRACTOR AS PRINC • ' SURETY Company: (Cr .o ate Seal) Company: (Corporate Seal) Cardi I Constr tio ..,I c. . 0110 West Bend Mu I Insure a Company Signature: �� ,� _ Signature: Name and Tod%Cardina Name and PAMELA DEANOVICH,Attorney-In-Face Title: President Title: (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 INSURANCE (Architect,Engineer or other party.) 39 S MARR ST Tom Karrels FOND DU LAC,WI 54936 AIA Document A312 •—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of it,may result in ,I 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 12:09:54 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (808143669) §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 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. AIA Document A312T"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 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 12:09:54 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (808143669) §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. AIA Document A312TM—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe 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 12:09:54 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (808143669) §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 addition.l signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRIN IPAL SURETY Company: �orat al) Company: (Corporate Seal) Signature: ��,a.., ,� - Signature: Name and Title: Name and Title: Address: Address: Ala.,__..___..,,,.. ,,,.,,.,_..—__.O__.& rL..^---°---l...,a...__.^•_�:.__._ ...a_�._ ,.,.fl.....,..Tom:_ ..^f^-.... ..•°-_._•__._.,�.. WEST BEND 2019841 • §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.MI 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 addition.!signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: < vorata :al) Company: (Corporate Seal) ll . Signature: p ,� Signature: fIp r� f( �^ Name and Title: ' Name and Title: Address: Address: AIA Document A312 TM-2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAA 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 12:09:54 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (808143669) $AIA Document A31211A - 2010 Performance Bond 2019841 CONTRACTOR: SURETY: (Name,legal status and address) (Name, legal status and principal Cardinal Construction Co.,Inc. place of business) ADDITIONS AND DELETIONS: The author of this document has West Bend Mutual Insurance Company added information needed for its 1183 Industrial Pkwy 8401 Greenway Blvd,Ste 1100 completion.The author may also Fond Du Lac,WI 54937-2201 have revised the text of the original OWNER: Middleton,WI 53562 AIA standard form.An Additions and (Name, legal status and address) Deletions Report that notes added City of Oshkosh information as well as revisions to 215 Church Ave WI 54901-4747 the standard form text is available Oshkosh from the author and should be CONSTRUCTION CONTRACT reviewed.A vertical line in the left Date: 08/09/2013 margin of this document indicates Amount:S 25,915.00 where the author has added Description: necessary information and where (Name and location) the author has added to or deleted Annex Floor Reinforcement-Oshkosh Public Museum 1331 Algoma from the original AIA text. Boulvard Oshkosh WI 54901 This document has important legal BOND consequences.Consultation with an Date: 08/12/2013 attorney is encouraged with respect to its completion or modification. (Not earlier than Construction Contract Date) Any singular reference to Amount:$ 25,915.00 Contractor,Surety,Owner or other Modifications to this Bond: xxxxxx None See Section 16 party shall be considered plural where applicable. CONTRACTOR AS PRINCI ► SURETY Company: (Co or,te Seal) Company: (Corporate Seal) Cardin Constru do; o. Inc. West Bend Mutual Insurance Company Signature: . i Signature: 4Ijlyt 4(0444-44. 4-- Name and Todd Cardinal President Name and PAMELA DEANOVICH,Attorney-In-Fact Title: Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: JACKSON KAHL INSURANCE (Architect,Engineer or other party:) 39 S MARR ST Tom Karrels FOND DU LAC,WI 54936 AIA Document A312TM—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected Init. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in 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 12:14:59 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (1800237360) §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. AIA Document A312''—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected Init. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale'' 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 12:14:59 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (1800237360) §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required 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. Init. AIA Document A312"—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAt Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 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 12:14:59 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (1800237360) §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 arc 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: (Corporal• :al) Company: (Corporate Seal) Signature: • 'r Signature: dmddiIS Name and Title: Name and Title: Address: Address: AIA Document A312T"—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AlA' Document is protected Init. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAF 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 12:14:59 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (1800237360) fi ro: IA I AI A Document A312" - 2010 Payment Bond 2019841 CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal Cardinal Construction Co.,Inc. place of business) ADDITIONS AND DELETIONS: West Bend Mutual Insurance Company The author of this document has added information needed for its 1183 Industrial Pkwy 8401 Greenway Blvd,Ste 1100 Fond Du Lac,WI 54937-2201 y completion.The author may also Middleton,WI 53562 have revised the text of the original OWNER: AIA standard form.An Additions and (Name, legal status and address) Deletions Report that notes added City of Oshkosh information as well as revisions to 215 Church Ave the standard form text is available Oshkosh , WI 54901-4747 from the author and should be CONSTRUCTION CONTRACT reviewed.A vertical line in the left Date: 08/09/2013 margin of this document indicates Amount:$ 25,915.00 where the author has added Description: necessary information and where (Name and location) the author has added to or deleted Annex Floor Reinforcement-Oshkosh Public Museum 1331 Algoma from the original AIA text. Boulvard Oshkosh WI 54901 This document has important legal BOND consequences.Consultation with an Date: 08/12/2013 attorney is encouraged with respect to its completion or modification. (Not earlier than Construction Contract Date) Any singular reference to Amount:$ 25,915.00 Contractor,Surety,Owner or other Modifications to this Bond: xxxxxx None See Section 18 party shall be considered plural where applicable. CONTRACTOR AS PRIN • °L SURETY Company: (forporate Seal) Company: (Corporate Seal) Cardinal • �i% • , Ina ° West Bend Mut Insurance ompany Signature: •-)) Signature: /t<ntze4. e r 7ti. Name and To d Cardina Name and PAMELA DEANOVICH,Attorney-In-Fact Title: President Title: (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 INSURANCE (Architect,Engineer or other party:) 39 S MARR ST Tom Karrels FOND DU LAC,WI 54936 AIA Document A312""—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA+ Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in ,l 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 12:09:54 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (808143669) §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 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. AIA Document A312T°—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe 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 12:09:54 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (808143669) §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 makc 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 A312TM-2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe 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 12:09:54 on 03/23/2012 under Order No.8304745206_1 which expires on 02/16/2013,and is not for resale. User Notes: (808143669) • §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 PRINCIP SURETY Company: (Como Seal) Company: (Corporate Seal) Signature: �,4 - - I Val - Signature: /y � (, ¢c ia�-- Name and Title:) Name and Title: Address: Address: Init. AIA Document A312".—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe 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 12:09:54 on 03/23/2012 under Order No.8304745206_1 which expires on 02116/2013,and is not for resale. User Notes: (808143669) WEST BEND 2019841 A MUTUAL INSURANCE COMPANY• 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: PAMELA DEANOVICH 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: Six Million Dollars($6,000,000) 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 th' 1st day arch, 2009. Attest �/I ! . Ja J. Pa RPOf�T ' .('o F':b" Kevin A.Steiner Se tary :A SEAL Chief Executive Officer i President State of Wisconsin '?' c° . T: 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. f*i. NOTARY :* : John . well : PUBLIC ?i Executive Vice President-Chief Legal Officer `may` Notary Public,Washington Co.WI •.OF WISG�' 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 12 day of August , 2013 hisukt coRPOrzarF�; ix I it- f SEAL Dale J. Kent %' Executive 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 8401 Greenway Blvd. Suite 1100 I P.U. Box 620976 I Middleton,AV] 53562 I ph (608) 410-3411) I www.thesilverlining.eom