HomeMy WebLinkAboutCardinal Construction/Stevens Park Restroom/Shelter ,
CONTRACTOR AGREEMENT.•
STEVENS PARK RESTROOOM/SHEL TER BU/LD/NG
THIS AGREEMENT, made on the 15`h day of April, 2015, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
CARDINAL CONSTRUCTION CO. INC., 1 183 INDUSTRIAL PARKWAY, P.O. BOX 564,
FOND DU LAC, WI 54936-0564 hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, enter
into the following agreement. The Contractor's proposal is attached hereto and
reflects the agreement of the parties except where it conflicts with this agreement, in
which case this agreement shall prevail.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following
individual to manage the project described in this contract:
(Todd Cardinal, Cardinal Construction Co., Inc.
B. Changes in Project Manager. The City shall have the right to approve or
disapprove of any proposed change from the individuat 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:
(Ray Maurer — Parks Director)
ARTICLE III. SCOPE OF WORK
The Contractor shall provide the services described in the City's February 23,
2015, Invitation for Bid for the Project titled "Stevens Park Restroom/Shelter Building,
City of Oshkosh, HGM Architecture Project No. 515" and the contractor's bid form for
the project dated 3/18/15 and attached as Exhibit A. If anything in the Bid Form
conflicts with the Bid Specifications, the provisions in the Bid Specifications shall
govern.
1
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 no later
than September 1 , 2015.
ARTICLE III. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
S 188,390.00, adjusted by any changes hereafter mutually agreed upon in writing by
the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor shall submit itemized monthly
statements for services. The City shall pay the Contractor within 30 calendar days
after receipt of such statement. If any statement amount is disputed, the City may
withhold payment of such amount and shall provide to Contractor a statement as to
the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set
forth in a written amendment to this agreement executed by both parties prior to
proceeding with the work covered under the subject amendment.
ARTICLE 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
2
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 V. INSURANCE
The Contractor shall provide insurance for this project that includes the City of
Oshkosh as an additional insured. The contractor's certificate of insurance for this
project is attached as Exhibit B.
ARTICLE 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.
3
In the Presence of: CONTRACTOR /CONSULTANT
B �
Y•
�rtC���t�1
(Seal of Contractor (Specify Title)
if a Corporation.) G��
By: - �
l�j c-G �H�vi .�1�.�-�
(Specify Title)
� � CITY OF OSHKOSH
�` " � By:
`'� Z �� � '�-�� ���Z �� Mark A. ohloff, City Manager
�
(Wit ess) ____�_
� , „ _.
._ , � � � � j=- - „ _..
�2, '�� f ,l� � (, And. �, `�.�.��� ;(_ , �
�tti�ness) Pamela R. Ubrig, City Clerk �
APPROVED: I hereby certify that the necess-
� ary provisions have been made to
� � pay the liability which will accrue
� �J 'v�� ' 7 �L— under this contract.
ity Atto y
�t� rca �i� nrn
City Comptroller
4
. � �X/✓�,g�"�0
�-�
1 BID FORM
Z Stevens Park Restroom/Shelter Building
3 City of Oshkosh
4 Parks Department
5 805 Witzel Avenue
6 Oshkosh,WI 54902
7
8 HGM Architecture Project No.515
9
10 Bid Opening: 10:00 a.m.,March 18,2015
11 City Manager,c/o City Clerk's O�ce
12 Room 104
13 City Hall-214 Church Ave.
14 P.O.Box 1130
15 Oshkosh,WI 54901
16
17 TO: City of Oshkosh,Parks Dept.
18 (A Corporation)
19 (A Partnership)
z0 We Cardinal Construction Company, Inc. (An Individual)
21
22 of 1183 Industrial Parkway, Fond du Lac WI 54935
23 (Street) (City) (State) (Zip)
24 (�20 ) 922-4446 92( 0 ) 922-1455
ZS (Telephone) (Facsimile)
Z 6 having examined the site and contract documents,hereby agree to furnish all labor and materials necessary to
27 complete the work for the amount entered therein for the construction of this project, in accordance with
z 8 drawings and specifications prepared by HGMArchitecture,Inc.,Oshkosh,Wisconsin,includingAddendum
29 Nos. /- Z hereto,as follows:
30
31 GENERAL CONSTRUCTION:
32
33 Base Bid No. 1:General Construction Work including Division 1 through 33 as detailed and specified,for flle
34 sum of: r �jp� p�
35 f d c� .�lL�� Dollars($ ).
36 �
37 SUBSTITUTE BID:
38
3 9 The Base Bid and Alternative Bids include the products specifically named. The contractor may submit with
40 this proposal products of other manufacturers of similar use for the architect's consideration after the award of
41 contract,provided they are listed below and the difference in cost is indicated.
42 -
43 Product Add Deduct
44 1 / �j 0
45 �E'I`�4iVl /��� 4••[,�ua�w►o�.r�� ��,iHS�CS UJ�Q- 6
46
47
48
49
50
51
G2
1 I hereby certify that statements herein are made on behalf of Cardinal Construction Company, Inc.
2
3 a corporation organized and existing under the laws of the State of Wisconsin
4 '
5 a partnership consisting of
6 '
7 an individual trading as ,that I have examined and cazefully have
8 checked the same in detail before submitting this proposal;in(it (their)behalf,and that said statements are
9 true and correct. ,
10
11 Signature
12
13 Title,if any President/Owner
14
1 S S d subscri d to before me this �$ day of March 2015,0,
16 C
17 � My Commission expires 10-27-2018
18 otary or other authorized administer oaths.)
19
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�`��" Document A310TM — 2010
_.,,�_
%<�
Bond Number:2280648
B/d 8011�
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 Industrirl Pkwy 8401 Greenway Blvd The author of this document has
Foncl Du Lac,�^:I 54937-2201 Middleton,WI 53562 added information needed for its
GWNER: completion.The author may also
�Nc�;ne, legal stat?:s and address� have revised the text of the original
City of Os�kosh AIA standard form.An Additions and
805!NitZe(AVe De%tions Report that notes added
Oshkosh , WI 54902-5709 information as well as revisions to
BOND AM�UNT:$Five Percent of the Amount Bid (5% ) the standard form text is available
from the author and should be
pRO.lE�7: reviewed.A vertical line in the left
margin of this document indicates
(Name, location or address, and Project number, zf any where the author has added
Stevens Park Restroom Shelter Building 54 Frankfort Street Oshkosh VVI necessary information and where
the author has added to or deleted
from the original AIA text.
The Conh-actor and Surety are bound to the Owner in the amount set forth above,for the This document has important legal
payment of which the Contractor and Surety bind themselves,theu heirs,executors, consequences.Consultation with an
administrators,successors and assigns,jointly and severally,as provided herein.The attorney is encouraged with respect
conditions of this Bond are such that if the Owner accepts the bid of the Contractor to its completion or modiflcation.
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 Coniractor,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 biddi.ng or Contract Documents,with a surety admitted where appiicable.
in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful
performance of such Coniract 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 pariy 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 su�ty(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 fumished 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 requuement shall be deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein.When so
fiunished,the uitent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
Init. AIA Document A310TM—2010.Copyright O 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:Th is AIA�
Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any
portion of it,may resuit 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 09:25:07 on 03/04/2015 under Order No.9342822134_1 which expires on 02/17/2016,and is not for resale.
User Notes:
(1784103745)
Signed and sealed this 18 day of March , 2015
, Cardinal Constructi o. I c.
(Co � s PY ipal � (Sea1)
�7 .�-JL2� �F���1 8�..
(Witness) (Title)Todd Cardinal , President
West Bend Mutual Insurance Company
!� ( Y (Seal)
�
itness) it AMELA DEANOVICH ,Attorney-P,n-Fact
Init. AIA Document A310T"'—2010.Copyright OO 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA�
Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any 2
portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum eztent possihle under the law.This document
/ was produced by AIA software at 09:25:07 on 03/04/2015 under Order No.9342822134 1 which expires on 02l17/2016,and is not for resale.
User Notes: (1784103745)
WEST BEtVD 22so648
A MUTUAL InSURANCE COMPANY"
Power of Attorney
Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having ifs 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: Seven Million Five Hundred Thousand Dollars($7,500,000)
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-ln-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 execufion of and
attesting of bonds and undertakings and other written ob/igatory instruments of/ike 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 sea/sha//
be valid and binding upon fhe company, and any such power so executed and certified by facsimile srgnatures and
facsimile sea/sha//be valid and binding upon the company rn the future with respect to any bond or undertaking or other
writing obligatory in nature to which it is atfached. 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 this 1sf day .�March, 2009.
Attest ��:!^.!��'~•• ��
•'�'J' �; ��l r i
Ja e J. Pa cA�o�T ''''`• " 1 �
8':
Se ta :•`�� :�'; Kevin A. Steiner
ry ���9 SFAL ��s Chief Executive Officer/President
':"�'�. �`
State of Wisconsin `•'��'`� ��
. �cp;'�'c,.�
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; fhat 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.
.���,2,N.�.'..Dvl;i�<<�. -�" �
�*�� NOTARY ';*': John�. well v
:.�;. PUBLIC ;�?� Executive Vice President-Chief Le al Officer
:9�`'•.. : � `�' g
•..�. �.....__.._.,...���2:' Notary Public,Washington Co.WI
••�F 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 18 day of March , 2015
:'������'.�t�,
;��,o�o�r�'�`'� �
�� F���:.��: --� � �
�r:� $�j, �: � Dale J. Kent
������� 'r��' Executive Vice President-
.,�,��... �...:�..
�''••. ••��---����` �' Chief Financial Officer
NOTICE:Any questions concerning this Power of Attorney may be directed to the Bond Manager at NSI,a division of West Bend Mutuai Insurance Company
8401 Greenway Blvd. Suite 1100 � P.O. Boa 620976 � Middleton,WI 53562 � ph (608) 410-3410 � www.thesih�erlining.com
. ��✓��� �
�� CARDCON-03 PDEANOVICH
'`�CORO� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
� 3/30/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAMEACT Pamela Deanovich�Ci�SR .
Jackson Kahl Insurance Services,LLC PHONE g00 524-5467 FAX (866)218-6850
39 S.Marr St AIC No e�:� � A!C No:
Fond Du Lac,wi 54935 E-MAIL info 'acksonkahl.com
ADDRESS:
INSURER(S�AFFORDING COVERAGE . NAIC#
iNSURean:west Bend Mutual Insurance Co. 15350
INSURED
INSURER B:
Cardinai Construction Co.,II1C. INSURER C:
Todd Cardinal
PO BOX$B4 � INSURER D:
Fond du Lac,WI 54936-0564 INSURERE:
� 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 HEREINISSUBJECTTOALLTHETERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CWIMS.
ILTR TYPE OF INSURANCE NSD WVD POLICY NUMBER MM%�DY� MMIDDY EXP LIMITS
A X COMMERCIAL GENERAL LIABILIIY � ' � - EACH OCCURRENCE S ��OOO�OOO
CLAIMS-MADE a oCCUR CPS1360582 10/01/2014 10/01l2015 DAMA 200,000 ,
PREMISES Ea occurrence $
MED EXP(Any one person) $ ��,000
PERSONAL&ADVINJURY $ 'I,OOO,OOO
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY�jEa �LOC PRODUCTS-COMP/OPAGG $ Z�OOO,OOO
OTHER: $
AUTOMOBIIE UABILI7Y � COMBINED SINGLE LIMIT $ �,OOO,OOO
� Ea accident
A X ANYAUTO CP51360582 10/01/2014 10/01l2015 BODILYINJURY(Perperson) 5
ALLOWNED SCHEDULED �
AUTOS AUTOS BODILY INJURY(Per accident) $
X X NON-OWNED PROPERTY DAMAGE $
HIREDAUTOS AUTOS Peraccident �
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ S,OOO,OOO
A EXCESS L�AB CLAIMS-MADE CUS1360583 10/01/2014 10/01/2015 AGGREGATE_ $ 5��00��00
. X DED RE7ENTION$ � y
WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
A ANY PROPRIETOR/PARTNER/EXECUTIVE Y�N YCS0274695 � 10/01/2014 10/01/2015 E.L EACH ACCIDENT $ 5�0�00�
OFFtCER/MEMBER EXCLUDED? � N�A � -
(MandatoryinNH) E.L.DISEASE-EAEMPLOYE $ $0�;0��
If yes,describe under -
DESCRIPTION OF OPERATIONS below � E.L.DISEASE-POLICY LIMIT E SOO,OOO
DESCRIPTION OF OPERATIONS/LOCATIONS-/VEHICLES (ACORD 101,Additional Remarks S�hedule,may be attached if more space is required)
City of Oshkosh,and its officers,council members,agents,employees,and authorized volunteers shail be 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 per bianket additional insured
endorsement provided by West Bend Mutual Insurance Company(attached).
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
215 Church Street
Oshkosh,WI 54903-1128
AUTHORIZED REPRESENTATIVE
��
O 1988-2014 ACORD CORPORATION. All rights reserved. '
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
�
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADQITIONAL 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. Currentiy 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 subconfractor engaged in
tionai 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"properfy 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
writfen 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-
TtONS 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.
I
Page 2 of 2 West Bend Mutual Insurance Company WB 1482 06 06
West Bend, Wisconsin 53095
��
�.:
�� WEST BEND THE SILVER LINING•
A MUTUAL INSURANCE COMPANY"'
D
BOND EXECUTION REPORT
Date: 04/15/2015
Bond Number:22sosas
AGENCY INFORMATION: PRINCIPAL INFORMATION:
JACKSON KAHL INSURANCE ,48035 Cardinal Construction Co., Inc.
39 S MARR ST 1183 Industrial Pkwy
FOND DU LAC , WI 54936 Fond Du Lac,WI 54937-2201
�
OBLIGEE INFORMATION:
City of Oshkosh
805 Witzel Ave
Oshkosh WI 54902-5709
Transaction Description: New Business
WB Index: Ncs 22sosas o
Bond Effective Date: o4/�s�zo�s
Bol1d TVpe: Performance and/or Payment-All Other States
WO�k DeSCflpti0fl: Stevens Park Restroom Shelter Building 54 Frankfort Street Oshkosh WI
Bond Penaltv: $200,000.0o Premium: $ �,640
THIS IS NOT AN INVOICE
MICHIGAN ONLY: This policy is exempt from filing requirements of Section 2236 of the Insurance Code of 1956,
1956 PA 218 and MCL 500.2236.
8401 Greenway Blvd. Suite 1100 � P.O. Box 620976 � \fiddleton,�Q/I 53562 � ph (60S) 410-3410 � thesilverlining.com
�
�`1���
=`''= Document A312TM - 2010
—
Performance Bond Bond Number:2280648
CONTRACTOR; SURETY:
(Name, legal status and address) (Name, legal status and
rinci al lace o busrness ADDITIONS AND DELETIONS:
Cardinal Construction Co.,Inc. p p p f � The author of this document has
1183 Industrial Pkwy West Bend Mutual Insurance Company added information needed for its
Fond Du Lac,WI 54937-2201 8401 Greenway Blvd, Ste 1100 completion.The author may also
Middleton,WI 53562 have revised the text of the original
OWNER:
AIA standard form.An Additions and
Deletions Report that notes added
(Name, legal status and address) information as well as revisions to
City of Oshkosh the standard form text is available
805 Witzel Ave from the author and should be
Oshkosh WI 54902-5709 reviewed.A vertical line in the left
margin of this document indicates
where the author has added
CONSTRUCTION CONTRACT necessary information and where
Date: the author has added to or deleted
from the original AIA text.
AmOUnt: $200,000.00
This document has important legal
consequences.Consultation with an
DeSCription: attorney is encouraged with respect
(Name and location� to its completion or modification.
Stevens Park Restroom Shelter Building 54 Frankfort Street Oshkosh WI
Any singular reference to
Contractor,Surety,Owner or other
BOND party shall be considered plural
Date:04/15/2015 where applicable.
(Not earlier than Construction Contract Date)
Amount: $200,000.00
Modifications to this Bond: X� None � See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company�Co r te Sea Company: (Corporate Seal)
Cardinal C tion Co,I . ' es en u urance Company
�
Signature: �� Si
Name and Todd Cardinal Name CARTHY
Title: President Title: Attorney-In-Fact
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATIONONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
JACKSON KAHL INSURANCE (Architect,Engineer or otherparty.)
39 S MARR ST
FOND DU LAC,WI 54936
Init. A�A Document A312T*'—2010 Pertormance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAm Document is protected
by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA�' Document,or any portion of it,may result in �
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
/ at 09:30:46 on 03/26/2015 under Order No.9342822134_1 which expires on 02/17/2016,and is not for resale.
User Notes: (1633904212)
§ 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 ofthe 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 Coniract,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.
Init. AIA Document A312T""—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAa Document is protected
by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA�' Document,or any portion of it,may result in Z
severe civil and criminal penalties,and wili be prosecuted to the maximum extent possibie under the law.This document was produced by AIA software
/ at 09:30:46 on 03/26/2015 under Order No.9342822134 1 which expires on 02/17/2016,and is not for resale.
User Notes:
(1633904212)
§ 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.
§ 74.2 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 Pertormance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA�' Document is protected
by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAm Document,or any po�tion 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 0930:46 on 03/26/2015 under Order No.9342822134 1 which expires on 02/17/2016,and is not for resale.
User Notes: (1633904212)
§ 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 belo��for additronal signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Cotporate Seal) Company: (Corporate Seal)
,
Signature: ,9� Signature:
Name and Title: Name and Title:
Address: Address:
Init AIA Document A312TTM—2010 Pertormance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAm Document is protected
by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAm Document,or any portion of it,may result in 4
severe civil and criminal penalties,and will be prosecuted to the maximum eztent possible under the law.This document was produced by AIA software
/ at 09:30:46 on 03/26/2015 under Order No.9342822134_1 which expires on 02/17/2016,and is not for resale.
User Notes: (1633904212)
,��,�Y�l."�. � TM
==,�== Docu m ent A312 — 2010
—
Payment Bond Bond Number: 2280648
CONTRACTOR; SURETY:
(Name, legal status and address) (Name, legal status and
rinci al lace o busrness ADDITIONS AND DELETIONS:
Cardinal Construction Co., Inc. p p p f � The author of this document has
1183 Industrial Pkwy West Bend Mutual Insurance Company added information needed for its
Fond Du Lac,WI 54937-2201 8401 Greenway Blvd, Ste 1100 completion.The author may also
Middleton,WI 53562 have revised the text of the original
AIA standard form.An Additions and
OWNER: Deletions Report that notes added
(Name, legal status and address) information as well as revisions to
City of Oshkosh the standard form text is available
805 Witzel Ave from the author and should be
Oshkosh WI 54902-5709 reviewed.A vertical line in the left
margin of this document indicates
where the author has added
CONSTRUCTION CONTRACT necessary information and where
Date: the author has added to or deleted
from the original AIA text.
Amount: $200,000.00
This document has important legal
consequences.Consultation with an
Description:
(Name and location) attorney is encouraged with respect
to its completion or modification.
Stevens Park Restroom Shelter Building 54 Frankfort Street Oshkosh WI Any singular reference to
Contractor,Surety,Owner or other
BOND party shall be considered plural
Date: 04/15/2015
where applicable.
(Not earlier than Construction Contract Date)
Amount: $200,000.00
Modifications to this Bond: X� None � See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: ( rp ate S Company: (Corporate Seal)
Cardinal str c i o., In We en M
Signature: Signat .
Name and Todd Cardinal Name and PAM MCCARTHY
Title: President T��e� Attorney-In-Fact
(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
FOND DU LAC,WI 54936
Init. A�A Document A312TTM—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distri6ution of this AIA'� Document,or any portion of it,may result in �
severe civii and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
� at 09:26:74 on 03/26/2015 under Order No.9342822134_1 which expires on 02/17/2016,and is not for resale.
User Notes: (1983340901)
§ 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 fiunished for use in the performance of the Consiruction Contract,then the Surety and the
Contractor shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Consixuction 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 fumished 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 52,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 fiu-nishing and the Owner accepting this Bond,they agree that all funds eamed by the Contractor
in the performance of the Consiruction Contract are dedicated to satisfy obligations of the Contractor and Surety
under this Bond,subject to the Owner's priority to use the funds for the completion of the work.
Init. AIA Document A312T*�—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA�' Document is protected 6y
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'� Document,or any portion of it,may result in 2
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software
/ at 09:26:14 on 03/26/2015 under Order No.9342822134 1 which expires on 02/17/2016,and is not for resale.
User Notes: (1983340901)
§ 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 Clairns 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
su�cient 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 fiunished;
.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 rightfWly asserted a claim under an applicable
mechanic's lien or similaz 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 pazt of water,gas,power,
light,heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract,architectural and
engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,
and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or
equipment were furnished.
§ 16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Init A�A Document A312T""—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA� Document is protected by
U.S.Copyright Law and International Treaties.Unautharized reproduction or distribution of this AIA° Document,or any portion of it,may result in 3
severe civil and criminal penalties,and wiil be prosecuted to the maximum extent possibie under the law.This document was produced by AIA software
/ at 0926:14 on 03/26/2015 under Order No.9342822134_1 which expires on 02/17/2016,and is not for resale.
User Notes:
(1983340901)
§ 16.4 Owner Defauit.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 isprovided beloH�for additional signatures of addedparties, other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: � Co rate al) Company: (Corporate Seal)
Signature: Signature:
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 AIA� Document is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'� Document,or any portion of it,may result in 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 0926:14 on 03/26/2015 under Order No.9342822134_1 which expires on 02/17/2016,and is not for resale.
User Notes:
(1983340901)
WEST BE1VD 228o64s
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:
PAM MCCARTHY
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: Seven Million Five Hundred Thousand Doilars($7,500,000)
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the followrng
Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held
on the 21 st day of December, 1999.
Appointment of Attorney-In-Facf. The president or any vice president, or any other officer of West Bend Mutual lnsurance
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
autho�ized 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 signafures and
facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other
writing obligafory 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 f..�larch, 2009.
.i� � ��
Attest ..���i�......... .
'�;.: d,�, , ,_ .
Ja e J. Pa ����TF'�: � Kevin A. Steiner
���. .��:
Se tary :�:� SEAL ��O� Chief Executive Officer/President
iu`��, ��
State of Wisconsin ���'���°'�`��g�
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;�;tN.F._p�y:�`
;`�: ,�'•: C� _ J
�*€�. NOTARY `;* : John'f-i3[iwell
'::�; PUBLIC ;'_: Executive Vice President-Chief Legal Officer
••.'y •.; i q;
?•' Notary Public,Washington Co.WI
••.6` ••..............-•'O'
'�:OFyy►SG��� 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 15 day of Aqril , 2015
. ��`u'�in�s�''•.
;�'��o��•:
F��:s�: _ .—�- � �
:m:
:�� SEAL �� Dale J. Kent
:.� �;.:
:���..:���� Executive Vice President-
��� ���� Chief Financial Officer
NOTICE:Any questions concerning this Power of Attomey may be directed to the Bond Manager at NSI,a division of West Bend Mutual Insurance Company
8401 Greenway Blvd. Suite 1100 � P.O. Box 62097G � Middleton,WI 53562 � ph (G08) 410-3410 � www.thesilverlining.com