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Home My WebLink AboutCardinal ConstructionCONTRACTOR AGREEMENT- SOUTH PARK RESTROOM/SHELTER BUILDING THIS AGREEMENT, made on the 28T" DAY OF OCTOBER, 2015, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARDINAL CONSTRUCTION CO INC, 1183 INDUSTRIAL PKWY, 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 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: (ROB KETTER, PROJECT MANAGER, 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 individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (CHAD DALLMAN, ASSISTANT DIRECTOR OF PARKS, CITY OF OSHKOSH) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the proposal dated OCTOBER 14, 2015 (THIS ATTACHED AS EXHIBIT A) The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 1 ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be completed by APRIL 15, 2016 ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of 5312,122.00 (Three hundred Twelve thousand One hundred Twenty-two dollars and 00/00 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 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. 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. 2 ARTICLE VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. (THIS ATTACHED AS EXHIBIT B) If applicable, 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. 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 - - - - - . - '�...._ _�. .//1.��. (Seal of Contractor if a Corporation.) _ • • : �1�1�� itness) ' � , �::��I..�� a�tr� '.�I` � •– . CONTRACTOR /CONSULTANT BY:�z.�.�-- �. � G�, � r� i�n.� (Specify Title) � (Specify Title) Co w f % �'t,c.L�JoN CITY OF OSHKOSH By: _/�"�----�/�e��— Mar c A. Rohloff, City Manager And: �' �. i��' � � Pamela R. Ubrig, City �lerk � I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. _J� � .�C�. ,� ^� �'� City Comptroller � [�:�:Il�i� � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Z4 25 26 Z7 Z8 29 30 31 32 33 34 35 36 37 38 34 40 41 4Z 43 44 45 46 47 48 49 50 51 BID FORM South Park Restroom/Shelter Building City of Oshkosh Parks Department 805 Witzel Avenue Oshkosh, WI 54902 HGM Architecture Project No. 1115 Bid Opening: 10:00 a.m. DST, October 14, 2015 City Manager, c/o City Clerk's Office Room 104 City Hall — 214 Church Ave. , P.O. Box 1130 � Oshkosh, WI 54901 TO: City of Oshkosh, Parks Dept. We Cardinal Construction Co, Inc. of 1183 Industrial Park (Street) 9� 20 � 922-4446 (Telephone) , Fond du lac, WI 54935 (City) 92� 0 � 922-1455 (Facsimile) (State) ��- ►-� � �► �,�i �-� (A Corporation) (A Partnership) (An Individual) �Z�P) having examined the site and contract documents, hereby agree to furnish all labor and materials necessary to complete the work for the amount entered therein for the construction of this project, in accordance with drawings and specifications prepared by HGM Architecture, Inc., Oshkosh, Wisconsin, including Addendum Nos. 1 and 2 hereto, as follows: GENER.AL CONSTRUCTION: Base Bid No. 1: General Construction Work including Division 1 through 33 as detailed and specified, for the sum of � �`(.c.il l��..�%� Crlr.,.� T;�,�,.�--� ��u. i�-.�G=� Dollars ($ =�� 3�"G ). ALTERNATNE: Alternative lA: Add the area indicated as shelter area and listed on the drawings as Aiternative lA on the draw.�in s.�. A d t um of: �__ '� c�� -/��-dc,�.o.�-�..1 ��' !�-�-r.x�. T , � r-� Dot�azs (� �6. �Z.�, `�a �. SUBSTITUTE BID: The Base Bid and Alternative Bids include the products specifically named. The contractor may submit with this proposal products of other manufacturers of similar use for the architect's consideration after the award of contract, provided tl�ey are listed be]ow and the difference in cost is indicated. Product Add Deduct 1 Z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C-2 I hereby certify that statements herein are made on behalf of Cardinal Construction Co, Inc. a corporation organized and existing under the laws of the State of Wisconsin , a parmership consisting of , an individual trading as , that I have examined and carefully have checked the same in detail before submitting this proposal; in (its) (their) behalf, and that said statements are true and correct. Signature �" � ` � Title, if any Vice President Sworn and subscrib t before me this 14 day of October 20 15 Patrice A Bates �� (�.- My Commission expires 10/28/2018 (Notary or other authorized to administer oaths.) ````��\GE�Ai�� * * * ��``�P�� pT/�R �r�s'�''; .� y — _.�; reo :�r= _ ; ' _ � ;cr� . PUBL�G '_. .� q�., � � , •�g``�� i��c � ►i � iSGp```� EXHIBIT B ��Ni�UIC. � i��1 CARDCON-03 MHEESE ACORO� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �� 10/20/2015 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 palicy(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 hoider in lieu of such endorsement(s�. PRODUCER NAMEACT Pamela Deanovich, CISR Jackson Kahl Insurance Services, LLC PHONE Fax 39 S. Marr St A/C No eM :�800) 524-5467 A�c N, :(866) 218-6850 Fond Du Lac, WI 54935 aooRESS: info an�acksonkaht.com INSURED Cardinal Construction Co, Inc. 1183 Industrial Pkwy Fond Du Lac, WI 54937 INSURER 8 : INSURER C : INSURER D : INSURER F : INSURER(S� AFFORDING COVERAGE NAIC # West Bend Mutual Insurance Co. 15350 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. ILTR TYPEOFINSURANCE INSD WVD POLICYNUMBER MMDDYEFF MMDDY�P LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ i3OOO�OOO CLAIMS-MADE � OCCUR 1360582 10/01/2015 10/01/2016 pREMISES Ea occurrence 3 200,00� MED EXP (Any one person) s 10,000 PERSONAL 8 ADV INJURY E ��OOO�OOO GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $ Z,OOO�OOO POLICY � jEa � LOC .PRODUCTS-COMP/OPAGG E Z,OOO,OOO orHeR: PROPERTY DAMAGE a 2,500 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT y 1,000,000 Ea accident A X ANY AU70 1360582 10/01/2015 10/01/2016 BOD�LY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per acddent) $ AUTOS AUTOS X X NON-OWNED Per�accitlentDAMAGE S HIRED AUTOS AUTOS S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S $,OOO,OOO A EXCESS LIAB CLAIMS-MADE 1360582 10/01/2015 10/01/20�6 AGGREGATE E $,00�,��0 DED X RETENTION S 0 y WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILJTY X STATUTE X ER A OFFICER/ME BEREXCLUDED7ECUTIVE � N�A 0274695 � 10/01/2015 10/01/2016 E.LEACHACCIDENT a 500,�� (Mandatory in NH) E.L DISEASE- EA EMPLOYEE S 500,�0� If yes, describe under � DESCRIPTION OF OPERATIONS below � E.L DISEASE • POLICY LIMIT a 500,000 A Property 1360582 10/01/2075 10/01/2016 Limit of Building 589,948 DESCRIPTION OF OPERAT10N5 / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Scheduie, may be attached if more space is required) Re: South Park Restroom/Sheiter Building. City of Oshkosh is named as additional insured under general liability form #WB1482 (06/06) with regards to the South Park Restroom/Shelter Building project CERTIFICATE HOLDER City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ��Z��¢�/ ° .."" 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. 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 to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be: 1. Currently in effect or becoming effective dur- ing the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal injury and advertising in- 1�rY �� B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an addi- tional insured with respect to liability arising out of: a. Your premises; b. "Your work" for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of "your work." 2. The Limits of insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 3. Except when required written agreement, the the additional insured does not apply to: by written contract or coverage provided to by this endorsement - a. "Bodily injury" or "property damage" occur- ring after: (1) All work on the project (other than service, maintenance or repairs) to be pertormed by or on behalf of the addi- tional insured at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage" arising out of acts or omissions of the additional insured other than in connection with the general supervision of "your work." 4. The insurance provided to the additional in- sured does not apply to "bodily injury," "prop- erty damage," "personal injury and advertising injury" arising out of an architecYs, engineer's, or surveyor's rendering of or failure to render any professional services including; a. The preparing, approving, or failing to 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 architecturai 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 Mutuai Insurance Company Wg 1482 06 06 West Bend, Wisconsin 53095 �;y�� TM =�-w Document A310 - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal statur and address) (Name, legal status and Cardinai Construction Co., Inc. orincipal place of business) 1183 Industrial Pkwy F�nd Du Lac, WI 54937-2201 OWNER: (N, ame; legal status and address) City of (7shkosh 805 .Nitzel Ave Oshkosh WI 54902-5709 BOND AMOUNT: $ Five Percent of the Amount Bid 2307005 ADDITIONS AND DELETION3: West Bend Mutual Insurance Company The author of this document has 8401 Greenway Blvd, Ste 1100 added information needed for its Middleton, WI 53562 completion. The author may also have revised the te� of the original AIA standard form. An Additions and De/etions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary Informatfon and where PROJECT: the author has added to or deleted (Name, location or address, and Project number, if any) from the original AIA text. South Park Restroom - Shelter Building 1200 Georgia Street Oshkosh WI The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The 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 agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such lazger 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 tune for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond si�cty (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 This document has important legal consequences. Consultation with an attomey Is encouraged with respect to its completion or modiflcatlon. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. �� AIA Document A310TM — 2010. Copyright m 1963, 1970 and 2010 by 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 portlon of It, may result In severe civil and criminal penalties, and will be prosecuted to the maxlmum extent possible under the law. This docunent � was produced by AIA soRware at 09:34:37 on 03/26/2015 under Order No.9342822134_1 which expires on 02/17/2016, and is not for resale. Uaer Notes: (1098401906) 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. Signed and sealed this 14 day of October , 2015 (Witness) Cardinal Construction o., Inc. ct r s rinci 1) , (Seal) (T'itle)Todd Cardinal President West end Mutual Insurance Com an ety (Seal) 4�� (Witness) (Tide AMELA DEANOVICH , Attorney-ln-Fact � ��s �� .� �t. � �' �,!� � �� : t: � � > �.. �� ' ' ,�� a " �� .��r�'� �'� %� _ � � �p! �'�`�'. r ��"� �'kiis' t�t�� a;, ; �� r t,�,��,: ,t R:$ � R s`f~- ; �?�' �� "� , ar�t3�:+ �s'� �t��k �.��ff . .., � ' � �� ... I u, ��&, `i ' ..... 4! t'.• . � , as:.�"�`'�� . � Is�,�� b t 3,,.� .t � R,. � '4' � . .�49��r'�L �2;,, . . ��.3��.��'Fi�� .....)+u,� f�? F � .. � � AIA Document A310^" — 2010. Copyright � 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIAm �n� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any 2 portion of It, may result In severe cNil and criminal penalties, and will be prosecuted to the maxfmum extent posslble under the law. This document � was produced by AIA software at 09:34:37 on 03/26/2015 under Order No.9342822134_1 which expires on OZ/17/2016, and is not for resale. Uaer Notes: (1098401906) WEST BEND A MUTUAL INSURANCE GOMPANY` 2307005 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: 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-In-Fact. 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 authorized hereby and the corporate sea/ 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 ; �� .cA�ti°►�'`. Ja e J. Pa ;'� Kevin A. Steiner Se tary �:�„ SEAI. �;�; Chief Executive Officer / President State of Wisconsin County of Washington On the 1 st 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�� Ft��; .---I X�F• G�1��' * :` NOTARY �: * ° John . well �; PUBUC ;?.•' Executive Vice President - Chief Legal Officer �9��;�...., .,:��2�' Notary Public, Washington Co. WI '••:�F yy�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 14 day of october , 2015 /%G�RPORATF�:°'° ��.�--�—/�a�..G�. �� :. $RAT" ` Dale J. Kent �`� '��. Executive Vice President - y .: ��',�. '� 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 Grcenway Blvd. Suitc ll00 � P.O. Box 620976 � Middleton, WI 53562 � ph (608) 410-3410 � www.thcsilvcrlining.com — � r i�� Performance Bond Document A312TM - 2010 CONTRACTOR: (Name, legal status and address) Cardinal Construction Co., Inc. 1183 Industrial Pkwy Fond Du Lac, WI 54937-2201 OWNER: (Name, legal status and address) City of Oshkosh 805 Witzel Ave Oshkosh CONSTRUCTION CONTRACT Date: 10/28/2015 .411ttOUrit: $ 312,122.00 Description: (Name and location) Bond Number: 2307005 SURETY: (Name, legal status and ADDITION3 AND DELETION3: principal place of business) The author of this document has West Bend Mutual Insurance Company gdded information needed for its 8401 Greenway Blvd, Ste 1100 completion. The author may also Middleton, WI 53562 have revised the text oT the original AIA standard form. An Addkions end Deletlans RepoR thet notes added informatlon as well as revislons to the standard form te� is evailable from the author and should be WI 54902-5709 reviewed. A vertical Ifne in the left margin of this document indicat� where the author has added necessary In(ormation and where the author has added to or deleted from the original AIA text. South Park Restroom - Shelter Building 1200 Georgia Street Oshkosh WI BOND Date:10/29/2015 (Not earlier than Construction Contract Date) Amourit: $ 312,122.00 Modifications to this Bond: � None � See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Cardinal Construction Co., Inc. West Bend�utual urance Company Si ature:��^-�> > Si ature: � � � Name and Robert J Ketter Name and PAME D ANOVICH Title: Vice President Tide: Attorney-In-Fact (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 otherparty:) 39 S MARR ST HGM Architecture FOND DU LAC, WI 54936 This document has important legal consequences. Consuttation with an attomey Is encouraged with respect to Its compietion or modiflcation. Any singular reference to Contractor, Surery, Owner or other party ahall be considered plural where applicable. -- �� AIA Document A312TM — 2010 Per(ortnance Bond. The American Institute of Architects. All Hghts 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 k, may result in � severe civll and criminal penalties, and wlll 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. UserNotas: (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 Constructinn Contract, the Surety and the Cnntractor 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 Conh�act, the Surety's obligation under this Bond shall azise after .1 the Owner first provides notice to the Cor►tractor 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 Sutety to discuss the Contractor's performance. Ifthe Owner dces not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. Ifthe Surety timely requests a conference, the Owner shall attend. Unless the Owner agees 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 Surery agee> the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an ageement shall not waive the Owner's right, if any, subsequently to declaze a Contractor Default; .2 the Owner declazes a Cnntractor 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 Uwner 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 Anange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertalce 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 prepazed 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 prompmess 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 dces 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. �n� AtA Document A312TM — 2010 Perfortnance Bond. The American Instltute of Architects. All rights reserved. WARNING: This AIAm Document Is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, may result in Z severe clvil and criminal penalties, and wlll be prosecuted to the mauimum extent posslble u�der the law. This document was produced by AIA softwere � 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) § T If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to the Owner shall not be greater than those of the Contractor under the Construction Cantract, and the responsibilities of the Owner to the Surety shall not be greater than those ofthe Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Swety is obligated, without duplication, for .1 the responsibilities of the Contractor for conection of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting irom 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 Cnntractor. § 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 ofthe 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 a 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 rnay 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 afier a declaratinn ofContractor Default or within two years after the Coatractor ceased working or within two years after the Surery refuses or fails to perform its obligations under tt►is Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minirnum period nf 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 Contractar shall be mailed � delivered to the address shown on the page on which their signature appeazs. § 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 adjustrnents 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 entided, 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 Contracta 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 Contraet Documents. All the documents that comprise the agreement between the Owner and Contractor. �� AIA Dxument A312"' — 2010 Performance Bond. The America� 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 3 severe civll and criminal penaltles, and wlll be prosecuted to the maxlmum extent possible under the law. This document was produced by AIA software � at 09:30:46 on 03l26/2015 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 Subcontxactor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond aze as follows: (S'pace is provided below for additional signatures of added parties, otl�er than those appearing cn the cover page.j CONTRACTOR AS PRINCIPAI SURETY Company: (Corporate Seal) Company: (C,orpora:e Seal) Signature: �L""`—'' � y Signature: Name and Title: Name and Title: Address: Address: � Q�,y� �yt�t,�c. --- Init AIA Dxument A312"' — 2010 Pertormance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAm Document Is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any portion of it, may result in 4 severe civll and criminal penalties, and wlll be prosecuted to the mazimum extent possible under the law. This doc�xnent was produced by AIA softwere � at 09:30:46 on 03/26/2015 under Order No.9342822134_1 which expires on 02/17/2016, and is not for resale. UserNotes: (1633904212) — � %�S:i Payment Bond Document A312TM - 2010 CONTRACTOR: (Name, legal status artd address) Cardinal Construction Co., Inc. 1183 Industrial Pkwy Fond Du Lac, WI 54937-2201 OWNER: (Name, legal status and address) City of Oshkosh 805 Witzel Ave Oshkosh CONSTRUCTION CONTRACT Date: 10/28/2015 Amount: $ 312,122.00 Description: (Name and location) W I 54902-5709 Bond Number: 2307005 SURETY: (Name, legal status and principal place of business) West Bend Mutual Insurance Company 8401 Greenway Blvd, Ste 1100 Middleton, WI 53562 South Park Restroom - Shelter Building 1200 Georgia Street Oshkosh WI BOND Date: 10/29/2015 (Not earlier than Construction Contract Date) Amount: $312,122.00 Modifications to this Bond: � None � See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Cardinal Construction Co., Inc. West Bend Mutual Insurance Company Signature: �---� �� t'�'—�gnature: ��j�-� Name and Robert J Keffer N Name and PAMELA DEANOVICH Title: Vice President Title: 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, Engineerorotherparty:) 39 S MARR ST HGM Architecture FOND DU LAC, WI 54936 ADDITIONS AND DELETION3: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Addltfons and Deletlons Report that notes added information as well as revlaions to the standard form text is avallable from the author and should be reviewed. A vertical Ifne in the left margin of this document indicates where the author hes added necessary informatlon and where the author has added to or deleted from the original AIA text. Th(s document has impatant legal consequences. Consuftation with an attomey is encouraged with respact to Its completlon or modiflcallon. Any singular reterence to Contractor, Surety, Owner or other party shall be considered plural where applicable. �n� AIA Document A312'*' — 2010 Payment 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 severe civll and criminal penakies, and will be prosecuted to the mauimum 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. Uaer 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 labnr, materials and equipment fumished %r use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor prompdy 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 ofthe 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 Conttact, 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 oFsuch claims, demands, liens or suits to the Cnntractor 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, demar►d, lien or suit. § 5 T'he Surery's obligations to a Claimant under this Bond shall arise after the following: § 5.1 C(aimants, who do not have a direct contract with the Contractor, .1 have fiunished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the pazty to whom the materials were, or equipment was, fumished 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 Cnntractor, 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. l. l. § 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 si�y (60) days after receipt of the Claim, stating the amounts that aze 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 Swety 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 dischazge its obligaUons 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 Claunant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor fiunishing and the Owner accepting this Bond, they agree that all funds eamed 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. �n� AIA Document A312TM — 2010 Payment Bond. The Ame�ican Institute of Architects. All rights r�erved. WARNING: This AIAm Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ot this AIA� Document, or any portion of it, may result in 2 severe civll and criminal penakies, and will be prosecuted to the maximum extent posslble under the law. This docunent was produced by AIA software / at 0926:14 on 03I26/207 5 under OMer No.9342822134_1 which expires on 02/17l2016, and is not for resale. User Notea: (1983340901) § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that aze unrelated to the Construction Contract. 'I'he Owner shall not be (iable 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 Clairnant under this Bond other than in a court of competent jurisdictinn 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 5.12 or 5.2, or (2) on which the last labor or service was per%rmed by anyone or the last materials or equipment were fumished by anyone under the Construcrion Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragaph 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 nr the Contractor shall be mailed or delivered to the address shown on the page on which cheir 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 1ega1 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 provisinns conforming to such statutoty or nther legal requirement shall be deemed incorporated herein. When so fumished, the intent is tt►at 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 pntential beneficiary of this Bond, the Contractor and Owner shall promptly fumish 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 fumished; .3 a copy of the agreement a purchase order pursuant to which labor, materials or equipment was fumished 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 eamed 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 .S 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. �n� AIA Document A312TM — 2010 Payment Bond. The American Institute of Architects. All rights r�erved. 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 3 severe civil and crlminal penaltles, and will be prosecuted to the maximum extent possible under the law. This doc�xnent was produced by AIA software � at 0926:14 on 03/26/2015 under Order No.9342822134_t whfch expires on 02/17/2016, and fs not for resale. User Notes: (1983340901) § 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 ofthe 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 aze as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Carperate Sead) Signature: ��`"�"— C1 � Signature: Name and Title: Name and Title Address: Address: ;��`► 1. � Init AIA Document A312TM — 2010 Payment 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 4 severe clvll and criminal penatties, and wlll be prosecuted to the maxlmum extent posslble under the law. This document was produced by AIA soRware � at 09:26:14 on 03/26/2015 under Order No.9342822134_1 which expires on 02/17l2016, and is not for resale. User Notes: (1983340901) WEST BEND A MU7UAL WSURANCE COMPANY' 2307005 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: 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 21 st 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 ce►tified by facsimile signatures and facsimile seal shall be va/id 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 this 1st daypfJvlarch, 2009. .... � r Attest ,: � `' % f 1 1, _ �� _ ��G/��' �"^�'S � �~I Ja e J. Pa ='� Kevin A. Steiner Se tary ;�:� SE��,'�; Chief Executive Officer / President State of Wisconsin '��'`�!�!.`..'_�' �` County of Washington ........ On the 1 st 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. ��N �.._DV`Y��! : — .�- • G�1/v11-2.� � * �� NOTARY `; *': John . well a,. �� :� i•` Executive Vice President - Chief Legal Officer .y ,._ ! oj ; :' 2�' Notary Public, Washington Co. WI °:,�� ............... �.,: ••:�Fyy�S�.'••� 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 29 day of October , 2015 �-'- -�c�t ��.,� 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 Greenwa}� Blvd. Suite 1100 � P.O. Box 620976 � Middleton, WI 53562 � ph (608) 410-3410 � www.thesilvexlining.com �� CARDCONOPC PDEANOVICH '°��R� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 10/30/2015 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 ac No :$66 218-6850 39 S. Marr St evc No exc :( ) ( � Fond Du Lac, WI 54935 a oR�ess: info@jacksonkahLcom _ INSURED Cardinal Construction Co, Inc. 1183 Industrial Pkwy Fond Du Lac, WI 54937 INSURER(S) AFFORDING COVERAGE NAIC # iNSUReRa:West Bend Mutuai Insurance Co. 15350 INSURER B : INSURER C : . 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 � ADDL UBR POLICY EFF POLICY EXP LIMITS �� LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 'I,OOO,OOO CLAIMS-MADE � OCCUR 1360582 10/01/2015 10/01/2016 pREMISES Eaoccu ence $ 200,�� MED EXP (Any one person) $ � �,�� PERSONAL 8 ADV INJURY $ 'I,OOO,OOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Y,OOO,OOO POLICY � jE � � LOC PRODUCTS - COMP/OP AGG $ Z,OOO,OOO oTHER Vol Prop Damage $ 2,500 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Eaaccident $ ��,�� A X ANYAUTO 1360582 10/01/2015 10/01/2016 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident $ x UMBRELLA LIAB X pCCUR EACH OCCURRENCE $ S,OOO�OOO A EXCESS LIAB CLAIMS-MADE 1360582 10/01/2015 10/01/2016 AGGREGATE $ 5,000,�� DED X RETENTION $ � $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y� N 0274695 10/01/2015 10/01/2016 E.L. EACH ACCIDENT $ 5��,0�0 OFFICER/MEMBEREXCLUDED? N� N�'4 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 5��,00� If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: South Park Restroom - Shelter Building 1200 Georgia Steet Oshkosh, WI 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 City of Oshkosh 805 Witzel Avenue Oshkosh, WI 54902-5709 ACORD 25 (2014101) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ./'" �„' _'��r��►'�� O 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be: 1. Currently in effect or becoming effective dur- ing the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal injury and advertising in- jury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an addi- tional insured with respect to liability arising out of: a. Your premises; b. "Your work" for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of "your work." 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 3. Except when required written agreement, the the additional insured does not apply to: by written contract or coverage provided to by this endorsement a. "Bodily injury" or "property damage" occur- ring after: (1) 12) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured at the site of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage" arising out of acts or omissions of the additional insured other than in connection with the general supervision of "your work." 4. The insurance provided to the additional in- sured does not apply to "bodily injury," "prop- erty damage," "personal injury and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including; a. The preparing, approving, or failing to 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. Qther 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 � � .r � ==_ Performance Bond Document A312TM - 2010 Bond Number: 2307005 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and ADDITIONS AND DELETIONS: Cardinal Construction Co., inc. principal place of business) 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 oi the orfginal AIA standard form. An AddRions and OWNER: De/etions Report that notes added (Name, legal status and address) iniormation as well as revlsiona to City of Oshkosh the standard form text is avaflable 805 Witzel Ave from the author and ahould be Oshkosh WI 54902-5709 reviewed. A vertical Ilne in the left margin of this document indicates where the author has added CONSTRUCTION CONTRACT necessary Information and where Date: 10/28/2015 the author has added to or deleted from the orfginal AIA text. AmOU11t: $ 312,122.00 Description: (Name and location) South Park Restroom - Shelter Building 1200 Georgia Street Oshkosh WI BOND Date:10/29/2015 (Not earlier than Construction Contract Date) AmOUnt: $ 312,122.00 Modifications to this Bond: XO None � See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Cardinal Construction Co., Inc. West Bend tual Insurance Company Signature: ��"'�'�� %��– St�'gnature; Name and Robert J Ketter Name and PAM L EANOVICH Title: Vice President Title: Attorney-In-Fact (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 otherparty:) 39 S MARR ST HGM Architecture FOND DU LAC, WI 54936 This document hes important legal consequenc�. Consultation with an attomey Is encouraged with respect to Its completfon or modiflcatlon. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312TM — 2010 Perfortnance Bond. The American Institute oT Architects. All rights reserved. WARNING: Thls AIA� Document Is protected �n� by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any portion of k, may result in � severe clvll and crimfnal penakies, and wlll be prosecuted to the maximum extent possible under tho law. This document was produced by AIA software � at 0930:46 on 03/26/2015 under Order No.9342822134_t which expires on 02/17/2016, and is not for resale. Uaer 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 azise after .2 .3 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 Surery to discuss the Contractor's performance. If the Owner dces not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. Ifthe 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 oi the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractnr shall be allowed a reasonable time to perform ihe Construction Contract, but such an ageement shall not waive the Owner's right, if any, subsequently to declaze a Contractor Deiault; the Uwner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and the Owner has agreed tn pay the Balance of the Contract Price in accordance with the terms of the Constructicm 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 sadsfied the conditions oi Section 3, the Surety shatl promptly and at the Surery'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 prepazed 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 coniractor 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, rnake 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 dces not proceed as provided in Section 5 with reasonable promptness, the Swety 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 Dxume�t A312TM — 2010 PeKormance Bond. TF�e Ame�ican Institute of Architects. All Mghts reserved. WARNING: This AIAm Document is protected Init by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any portion of it, may result in 2 severe civil and crlminal penakies, and will be prosecuted to the maxlmum wdent posslble 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[f the Surety elects to act under Section 5.1, 5.2 or 53, 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 ofthe 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 darnages aze specified in the Construction Contract, actual damages caused by delayed performance or non-perforrnance 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'fhe Surety shall not be liable to the Owner nr others for obligations ofthe Contractor that aze unrelated to the Construction Contract, and the Balance of the Contxact Price shall not be reduced or set off on account of any such unrelated obligations. No right ofaction shall accrue on this $ond to any person a entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes oftime, to the Construcrion 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 cnmpetent jurisdiction in the location in which the work or part ofthe 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 nf 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 Cont�actor shall be mailed ar 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 fumished, 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 a11 proper adjustrnents 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. AIA Document A312TM — 2010 Pertortnance Bond. The American Institute of Architects. Ail Hghts reserved. WARNING: This AIA� Document Is protected ��' by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of k, may result in 3 severe civil and crlminal penaltles, 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 whlch expires on 02/17/2016, and is not for resale. User Notes: (1633904212) § 15 If this Bond is issued for an agreement between a Contract�r 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 foilows: (Space is provided below for additional signatures of added parties, other than those appearing on the �over page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company, (C�rporate Seal) / ! Signature: �r-,—� ` _ Signature: � _ Name and Title: Name and Title: � � ry �� jil Address: Address: AIA Document A312TM — 2010 Perfortnance Bond. The American Institute of Architects. All rlghts reserved. WARNING: This AIA� Document Is protected Init 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 wlll be prosecuted to the maximum extent posslble under the law. This docunent was produced by AIA software � at 09:30:46 on 03/26/2015 under Order No.9342822134_t which expires on 02/17/2016, and is not for resale. User Notes: (1633904212) — _ � �::.-.: Performance Bond Document A312TM - 2010 CONTRACTOR: (Name, legal status and address) Cardinal Construction Co., Inc. 1183 Industrial Pkwy Fond Du Lac, WI 54937-2201 OWNER: (Name, legal status and address) City of Oshkosh 805 Witzel Ave Oshkosh CONSTRUCTION CONTRACT Date: 10/28/2015 AmOUtlt: $ 312,122.00 Description: (Name and location) Bond Number: 2307005 SURETY: (Name, legal status and principal place of business) ADDITIONS AND DELETION3: The author of this document has West Bend Mutual Insurance Company added information needed for its 8401 Greenway Blvd, Ste 1100 completlon. The author may also Middleton, WI 53562 have revised the text oi the o►iginal AIA standard form. An Addkans and Deletions Reporl that notes added infamation as weil as revisfons to the standard form text is available from the author and should be WI 54902-5709 reviewed. A vertical Iine in the left margin of this document indicates where the author has added necessary Informat(on and where the author has added to or deleted from the original AIA text. South Park Restroom - Shelter Building 1200 Georgia Street Oshkosh WI BOND Date:10/29/2015 (Not earlier than Construction Contract Date) Amount: $ 312,122.00 Modifications to this Bond: X� None � See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Cardinal Construction Co., Inc. West Bend Mutu�l nce Company �: r Signature: �--' � Signature: �'(� � _ Name and Robert J Ketter Name and PAMEL EA OVICH Title: Vice President Title: Attorney-In-Fact (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 otherparty:) 39 S MARR ST HGM Architecture FOND DU LAC, WI 54936 Th(s document has Important legal consequences. Consuttation with an attomey Is encouraged with respect to its completion or modiflcatlon. Any singular reference to Contractor, Surery, Owner or other party shall be considered plural where applicable. AIA Document A312TM — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAm Document is protected Init by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any portion of k, may result in � severe civil and criminal penalties, and will be prosecuted to the mauimum e�ctent possible under the law. This document was produced by AIA software � at 09:30:46 on 03/26/2015 under Order No.9342822134_t which expires on 02/17l2016, and is not for resale. User Notes: (1633904212) § 1 The Contractor and Surety, joindy 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 .2 .3 the Owner fust provides notice to the Contractor and the Surety that the Owner is considering dec(aring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Swety to discuss the Contractor's performance. If the Owner dnes not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. Iithe Surety timely requests a conference, the Owner shall attend. Unless the Owner agees 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, tt�e 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; the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and the Owner has agreed to pay the Balanoe of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Canstruction Contract. § 4 Failure on the pazt of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to cnmply 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 fotlowing 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 prepazed 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, anange for completion, or obtain a new contractor and with reasonable prompmess 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 dces 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 entided 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 Perfortnance Bond. The American Instltute of Architects. All rights reserved. WARNING: This AIA� Document is protected �n� by U.S. Copyright Law and I�ternational Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any poRion of it, may result in 2 severe clvil and criminal penalties, and wlll be prosecuted to the maximum extent possible under the law. This document was produced by AIA software � at 0930:46 on 03/26l2015 under Order No.9342822134_1 which expires on 02l17l2016, and is not for resale. User Notes: (1633904212) § 7 If the Surety elects to act under Section 5.1, 5.2 or 53, 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 Snrety 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 obiigated, 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 aze specified in the Construction Contract, actual damages caused by delayed performance or non-perforrnance of the Contractor. § 8 If the Surety elects to act under Section 5. l, 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 aze unrelated to the Construction Contract, and the Balance of the Contract Price sha11 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 entiry other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 T'he Surety hereby waives notice of any change, including changes oftime, 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 nf 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 twn 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 an 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 fumished, 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. T'he 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 Contraet 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. AIA Document A312TM — 2010 PeAortnance Bond. The Amerlcan Institute of Architects. All rights reserved. WARNING: This AIAm Document is protected Init by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of k, may result in 3 severe civil and criminal penattles, and wlll be prosecuted to the m�imum eutent possible under the law. This document was produced by AIA software � at 09:30:46 on 03/26/2015 under Order No.9342822134_1 whfch 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 Contractnr in this Bond shall be deemed to be Subcontractor and the terrn Owner shall be deemed to be Contractor. § 16 Modifications to this bond aze as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the caver page.) CONTRACTOR AS PRINCIPAI SURETY Company: (Corporate Seal) Company: (C.»rparc�te Seal) Signature: �`""-� � �� Signature: 1 � � � Name and Title: Name and Title: t�0, e.((1. c�'tjl0�lrc.� Address: Address: AIA Document A312TM' — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAm Document Is protected Ink. 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 penalttes, and wlll be prosecuted to the maximum eutent possible under the law. This document was produced by AIA softwere � 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) — � � := Paymenf Bond Document A312TM - 2010 CONTRACTOR: (Name, legal status and address) Cardinal Construction Co., Inc. 1183 Industrial Pkwy Fond Du Lac, WI 54937-2201 OWNER: (Name, legal status and address) City of Oshkosh 805 Witzel Ave Oshkosh WI 54902-5709 CONSTRUCTION CONTRACT Date: 10/28/2015 Amount: $ 312,122.00 Description: (Name and location) Bond Number: 2307005 SURETY: (Name, legat status and principal place of business) West Bend Mutual Insurance Company 8401 Greenway Blvd, Ste 1100 Middleton, WI 53562 South Park Restroom - Shelter Building 1200 Georgia Street Oshkosh WI BOND Date: 10/29/2015 (Not earlier than Construction Contract Date) Amount: $ 312,122.00 Modifications to this Bond: X� None 0 See Section I S CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Cardinal Constru ion Co., Inc. West Bend Mutual Insurance Company Signature: � Signature: �j- Name and Robert J K er Name and PAMEL At OVICH Title: Vice President Title: 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, Engineerorotherparty:) 39 S MARR ST HGM Architecture FOND DU LAC, WI 54936 ADDITIONS AND DELETION3: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Addklons and De/etions Report that notes added Intormation as well as revlsions to the standard form te�ct is available from the author and ahould be reviewed. A vertical Iine in the left margin of this document indicates where the author has added necessary informatlon and where the author has added to or deleted from the original AIA text. This document has impatant legal consequenc�. Consuttatlon with an attomey Is encouraged with respect to its completlon or modiflcatlon. Any singular reference to Cantractor, Surety, Owner or other party shall be considered plural where applicable. AIA Oocument A312TM — 2010 Payment Bond. The American Institute of Architects. All Nghta reserved. WARNING: This AIAm Document is protected by �n� U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm 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 09:26:14 on 03/26/2015 under Order No.9342822134_t which expires on 02/17/2016, and is �ot for resale. User Not�: (1983340901) § 1 T'he Contractor and Surety, joindy and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment fumished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the %Ilowing terms. § 2 If the Contractor promptiy makes payment of all surns 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 iumished for use in the performance ofthe 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 oisuch claims, demands, liens or suits to the Cnntractor 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 aiter the following: § 5.1 Claimants, who do not have a direct contract with the Contractnr, .1 have furr►ished a written notice of nnn-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 er supplied or for whom the labor was done or performed, within ninety (90) days after having last per%rmed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Clairn to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by nr have a direct cnntract with the Contractnr, have sent a Claim to the Surery (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 fumish a written notice oi non-payment under Section 5.1. l. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is appiicable, 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 anange for payment of any undisputed amounts. § 7.3 The Surety's failure to dischazge 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 dischazge its obligations under Section 7.1 or Section 72, 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 sha11 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 A312TM — 2010 Payme�t Bond. The American Institute of Architects. All Hghts 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 clvll and criminal penafties, and wlll 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 aze 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 Clairnants under this Bond. § 11 T'he Surety hereby waives notice of any change, including changes of time, to the Coaistruction 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 ar the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt oinotice or Claims, however accomplished, shall be sufficient cnmpliance as of the date received. § 14 When this Bond has been fiunished 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 herefrorn 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 bnnd. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly fumish a copy of this Bond or shall permit a copy to be made. § 16 Deflnitions § 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, ar materials ar equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, rnaterials or equipment was fiunished 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 eamed 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 fiunished as of the date of the Claim. § 16.2 Claimar�t. 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 similaz stahrte against the real property upon which the Project is located. T'he 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, azchitectural and engineering services required for performance of the wark 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 Amehcan Institute of Architects. All rights reserved. WARNING: This AIAm Document Is protected by �nh' U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, may result fn 3 severe clvll and criminal penaltles, and will be prosecuted to the maximum extent possible under the law. This doctment was produced by AIA software � at 09:26:14 on 03/26/2015 under Order No.9342822134_t which expires on 02/17/2016, and is not for resale. User Notes: (1983340901) § 16.4 Owner Default. Failure of the Uwner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or cornpty with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the dncuments 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 deerned to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additiona[ signatures of added parties, other dhan those appearing on the coYer page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: �"' ,� �� 3ignature: — — Name and Title: Name and'I'itle: �Qme� t�j,�1pQi(,�'►. Address: Address: AIA Document A312TM — 2010 Payment Bo�d. The American Institute of Architects. All Hghts reserved. WARNING: This AIAm Document Is protected by Init U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any poRion of it, may result in 4 severe civil and criminal penaltles, and wlll be prosecuted to the maxlmum extent possible under the law. This document was produced by AIA software � at 0926:14 on 03/26/2015 under Orcier No.9342822134_1 which expires on 02/17/2016, and is not for resale. User Notes: (1983340901) WEST BEND A MUTUAI iNSURANCE GOMPANY` 2307005 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: 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-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 re/ating 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 sea/ shal/ 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 this 1st dayp#JVlarch, 2009. Attest ; �� ! r' ..��,_ Ji./,�1, �. r� L -..- Ja e J. Pa �� .': Kevin A. Steiner Se tary �F.�• Chief Executive Officer / President �` State of Wisconsin :��'��. cp;'�` ;`. County of Washington ........ On the 1 st 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. r ►v� : � •. , _........... . ��O l��; —I Gy1M. * : NOTARY °: * : John . well �':, PUBLIC :?' Executive Vice President - Chief Legal Officer "y.. �qi •., '?' Notary Public, Washington Co. WI ..........� ••�F yy►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 29 day of october , 2015 ��-.—.--�--/�.G� �� 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 � P.O. Box 620976 � Middleton, WI 53562 � ph (608) 410-3410 � www.thesilverlining.com �-� CARDCONOPC PDEANOVICH ACORO DATE (MM/DD/VYYY) `,� CERTIFICATE OF LIABILITY INSURANCE 10I30/2015 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 CONTACT pamela Deanovich, CISR NAM E: Jackson Kahl Insurance Services, LLC PHONE FAX 866 218-6850 39 S. Marr St ac No EXc :($00) 524-5467 ac No :( ) ____ Fond Du �ac, WI 54935 AD R�ess: info@jacksonkahl.com _ INSURED Cardinal Construction Co, Inc. 1183 Industrial Pkwy Fond Du Lac, WI 54937 INSURER(S) AFFORDING COVERAGE NAIC # a: West Bend Mutual Insurance Co. 15350 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 'I,OOO,OOO CLAIMS-MADE � OCCUR 1360582 10/01/2015 10/01/2016 pREMISES Eaoccurrence $ 200,�� MED EXP (Any one person) $ � �,�� PERSONAL & ADV INJURY $ 'I,OOO,OOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Z,OOO,OOO POLICY � jE � � LOC PRODUCTS - COMP/OP AGG $ 2,000,000 oTHER Vol Prop Damage $ 2,500 AUTOMOBILE LIABIIITY COMBINED SINGLE LIMIT $ �,OOO�OOO Ea accident A X ANY AUTO 1360582 10/01/2015 10/01/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ S,OOO,OOO A EXCESSLIAB CLAIMS-MADE 1360582 10/01/2015 10/01/2016 AGGREGATE $ 5,0�0,000 DED X RETENTION $ � $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER A ANYPROPRIETOR/PARTNER/EXECUTIVE Y�N 0274695 10/01/2015 10/01/2016 E.L.EACHACCIDENT $ SOO,OOO OFFICER/MEMBER EXCLUDED? � N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 5��,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: South Park Restroom - Shelter Building 1200 Georgia Steet Oshkosh, WI 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 City of Oshkosh 805 Witzel Avenue Oshkosh, WI 54902-5709 ACORD 25 (2014/01) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /,�r��.�� .+��,� O 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be: 1. Currently in effect or becoming effective dur- ing the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal injury and advertising in- jury." B. The insurance provided to the additional insured is limited as follows: That person or organization is only an addi- tional insured with respect to liability arising out of: a. Your premises; b. "Your work" for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of "your work." 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 3. Except when required by written contract or written agreement, the coverage provided to the additional insured by this endorsement does not apply to: a. "Bodily injury" or "property damage" occur- ring after: (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage" arising out of acts or omissions of the additional insured other than in connection with the general supervision of "your work." 4. The insurance provided to the additional in- sured does not apply to "bodily injury," "prop- erty damage," "personal injury and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including; a. The preparing, approving, or failing to 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. Excessinsurance 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 — • � z:.,.�z:� Paymenf Bond Document A312TM - 2010 CONTRACTOR: (Name, legal status and address) Cardinal Construction Co., Inc. 1183 Industrial Pkwy Fond Du Lac, WI 54937-2201 OWNER: (Name, legal status and address) City of Oshkosh 805 Witzel Ave Oshkosh W I 54902-5709 CONSTRUCTION CONTRACT Date: 10/28/2015 Amount: $ 312,122.00 Description: (Name and [ocallon) Bond Number: 2307005 SURETY: (Name, legal status and principal place ojbr�siness) West Bend Mutual Insurance Company 8401 Greenway Blvd, Ste 1100 Middleton, WI 53562 South Park Restroom - Shelter Building 1200 Georgia Street Oshkosh WI BOND Date: 10/29/2015 (Not earlier than Constructron Contract Date) Amount: $ 312,122.00 Modifications to this Bond: X� None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Cardinal Construction Co., Inc. West Bend NJ�►ftra s ance Company Signature: ��w .. /�`�� Signature:L Name and Robert J etter Name and PA LA EANOVICH Title: Vice President Title: Attorney-In-Fact (Any additional signatures appear on the last page of this Payment Bonc�) (FOR INFORMATIONONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: JACKSON KAHL INSURANCE (Archztect, Engineerorotherparty:) 39 S MARR ST HGM Architecture FOND DU LAC, WI 54936 ADDITIONS AND DELETIONS: The author of this document has added information needed for ks completion. The author may also have revised the text oT the original AIA standard form. An Additions and Dektlans Report that notes added information � well as revisions to the standard form text is available from the author and should be reviewed. A vertical Iine in the left margfn of this dceument indicates where the author has added necessary Informatlon and where the author has added to or deleted from the original AIA text. This document has impartant legal consequences. Consuftation with an attomey is encouraged with respect to its completfon or modiflcatlon. Any singular reference to Contractor, Surery, Owner or other party shall be considered plural where appNcable. AIA Oocument A312*"' — 2010 Payment Bond. The Ame�ican InsUtute of Architects. All Hghts reserved. WARNING: This AIAm Document Is protected by ��h' U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, may result in severe clvll and criminal penakles, 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 expfres on 02/17l2016, and is not for resale. User Notes: (1983340901) § 1 T'he 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 per%rmance 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 obligatinn 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 fumished 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 conditiuns in Section 3, the Surety shall prompdy and at the Surety's expense defend, indemnify and hold hazmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond sha11 arise a#�er the following: § 5.1 Claimants, who da 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 o�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 ai�er having last performed labnr or last Curnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surery (at the address described in Section 13). § 5.2 Claimants, who are employed by nr have a direct contract with the Contractor, have sent a Claim to the Surery (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Uwner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice o� 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 a8er receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that aze 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 dischazge its obligations under Section 7.1 or Section 72, 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 T'he Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that a11 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 A312^" — 2010 Payment Bond. The American Instltute of Architects. All rights reserved. WARNING: This AIAm Document Is protected by Init U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any portion of it, may result in severe civil and crlminal penatties, and will be prosecuted to the maximum e�ctent possible under the law. This document was produced by AIA soRware � at 09:26:14 on 03/26l2015 under Order No.9342822134_t whfch expires on 02/17/2016, and is not Tor resale. User Notes: (1983340901) § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that aze 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 rnake 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 ( l) 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 ofthis Paragraph aze void or prohibited by law, the minimum period of limitation availabie 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 appeazs. 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 1ega1 requirement in the location where the construction was to be performed, any provision in this Bnnd 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 fumish a copy of this Bond or shall permit a copy to be made. § 16 Definitiona § 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, ar rnaterials ar equipment furnished; .3 a copy ofthe agteement 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 eamed by the Claimant for labor, materials or equipment fumished 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, rnaterials or equipment fizrnished 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 a11 changes made to the agreement and the Contract Documents. Init AIA Document A312TM — 2010 Payment Bond. The American Institute of Archltects. All tlghla 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 severe civil and criminal penalties, and wlll be prosecuted to the maximum e�ctent posslble under the law. This doclment was produced by AIA software � at 09:26:14 on 03/26/2015 under Order No.9342822134_t which expires on 02/17/2016, and is not for resale. User Notes: (1983340901) § 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 perfnrm 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 Cantractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond aze as follnws: (Space is provided below for additional signatures oJadded partres, other than those appearing on the cove: page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corvorate Seal) Signature: � J'�- Signature: Name and Title: Name and 'Title: � 26lYK�l � Address: Address: AIA Document A312'*' — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAm Document is protected by �n� 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 penattles, a�d will be prosecuted to the mauimum extent posslble under the law. This document was produced by AIA sofMrare / 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 Notea: (1983340901) WEST BEND A MUTUAL INSURANCE COMPANY Power of Attorney 2307005 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: Seven Million Five Hundred Thousand Dollars ($7,500,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21 st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual lnsurance Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile sea/ shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate al to be hereto duly attested by its secretary this 1st daY9f March, 2009. Attest : �° �Q,��, � ,��-��,,. .�cAR��: Ja e J. Pa ;'� Kevin A. Steiner Se tary .��;�$�L�;�;' Chief Executive Officer / President State of Wisconsin ''��'`.'..!al.� County of Washington ...'.-. On the 1 st 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. .'�,N �_''._'.��{.�'••.. --i h'�,�v�F�� V �o . . <<•. � * � NOTARY '` * ; John . well ��:. PUBLIC ;?� Executive Vice President - Chief Legal Officer +y '� ::'�2q' Notary Public, Washington Co. WI . ............. 0 :. ''•••.Op�y�gG:�' 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 29 day of october , 2015 ��° � � �..� �,�,� :'cA�►rF'�. ;. S�j, ` 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 Ureenway Bl�'d. Suite 1100 � P.O. Box 620976 � Middleton, Wl 53562 � ph (608) 410-3410 � www.thesilverlining.com �,.�•, CARDCONOPC PDEANOVICH '`�coR° CERTIFICATE OF LIABILITY INSURANCE DATE�MMIDD/YYYY) �� 10/30I2015 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, CISR _ Jackson Kahl Insurance Services, LLC PHONE (g00) 524-5467 aic No :($66) 218-6850 39 S. Marr St ac No ex� : Fond Du Lac, WI 54935 aDOR�ess: info@jacksonkahl.com _ INSURED Cardinal Construction Co, Inc. 1183 Industrial Pkwy Fond Du Lac, WI 54937 INSURER(S) AFFORDING COVERAGE NAIC # iNSUReRa:�Nest Bend Mutual Insurance Co. 15350 INSURER B : INSURER C : 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 ADDL UBR POLICY EFP POLICY EXP LIMITS � �TR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 'I,OOO�OOO CLAIMS-MADE � OCCUR 1360582 10/01/2015 10/01/2016 pREMISES EaoNcurrence $ 200,�� MED EXP (Any one person) $ � �,00� PERSONAL & ADV INJURY $ �,OOO,OOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Y�OOO,OOO POLICY � jE � � LOC PRODUCTS - COMP/OP AGG $ Z,OOO,OOO orHeR: Vol Prop Damage $ 2,500 AUTOMOBILE LIABILITY COMBINED SINGLE lIM1T $ �,OOO,OOO Ea accident A X ANY AUTO 1360582 10/01/2015 10/01/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident ___ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ S,OOO,OOO A EXCESS LIAB CLAIMS-MADE 1360582 10/01/2015 10/01/2016 AGGREGATE $ 5r00�,�� DED X RETENTION $ 0 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N 0274695 10/01/2015 10/01/2016 E.L. EACH ACCIDENT $ SOO,OOO OFFICER/MEMBER EXCLUDED? � N � A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ $0�,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: South Park Restroom - Shelter Building 1200 Georgia Steet Oshkosh, WI The City of Oshkosh, City of Oshkosh Consultatns, architects, architects consultants, engineers, engineer consultants, contractors, and subcontrectors 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 City of Oshkosh 805 Witrel Avenue Oshkosh, WI 54902-5709 ACORD 25 (2014101) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE id:/"� �I r I r �w�'r�l� � O 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be: 1. Currently in effect or becoming effective dur- ing the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal injury and advertising in- jury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an addi- tional insured with respect to liability arising out of: a. Your premises; b. "Your work" for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of "your work." 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. Except when required written agreement, the the additional insured does not apply to: by written contract or coverage provided to by this endorsement a. "Bodily injury" or "property damage" occur- ring after: (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage" arising out of acts or omissions of the additional insured other than in connection with the general supervision of "your work." 4. The insurance provided to the additional in- sured does not apply to "bodily injury," "prop- erty damage," "personal injury and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including; a. The preparing, approving, or failing to 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