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HomeMy WebLinkAboutCardinal Construction Company Fugleberg Park Boat Launch Restroom RenovationCONTRACTOR AGREEMENT: FUGLEBERG PARK BOAT LAUNCH RESTROOM FACILITY RENOVATION CITY OF OSHKOSH THIS AGREEMENT, made on the 9th day of May, 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CARDINAL CONSTRUCTION COMPANY, INC., 1183 INDUSTRIAL PARKWAY, FOND DU LAC, WI 54937, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Robert J. Ketter, Project Manager) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Ray Maurer, Parks Director) ARTICLE W. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for this Project titled "FUGLEBERG PARK BOAT LAUNCH RESTROOM FACILITY RENOVATION" dated MARCH 29, 2018, and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed no later than December 31, 2018. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $92,625.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. 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 ad- judged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: (Sleal of Contractor if a Corporation.) ( i ess) APPROVED: CONTRACTOR O SUL NT BV , (Specify Title) By: ✓s 4t 7 rGt t�CN.� (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager ZZ -W� And: 6a� -I U Pamela R. Ubrig, City Clerk I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. , 1 Q j U1UApry-% City Comptroller Fugleberg Park — Restroom Facility Renovation SECTION 004113 — BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT) To: Oshkosh City Manager c/o City Clerk's Office, City Hall 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 Project: Restroom Facility Renovation, Fugleberg Park Date: 5/1/18 Submitted by: Robert J Ketter (full name & address) Cardinal Construction Company, Inc. 1183 Industrial Parkway, Fond du Lac, WI 54937 1. OFFER 18005M Having examined the Place of The Work and all matters referred to in the General Information, Instructions to Bidders and the Contract Documents prepared by T.R. Karrels & Associates, S.C. for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of: 6-a $ dollars, in lawful money of the United States of America. We have included the security deposit as required by the Instructions to Bidders. All applicable federal and local taxes are included in the Bid Sum. 2. ACCEPTANCE This offer shall be binding for thirty-five calendar days following the bid opening date, unless we, the Bidder, upon the request of the purchasing agent, agree to an extension. ■ If this bid is accepted by the Owner within the time period stated above, we will: ■ Furnish the required bonds within seven days of receipt of acceptance of this bid. ■ Commence work within seven days after written acceptance of this bid. If this bid is accepted within the time stated, and we fail to commence the Work or we fail to provide the required bonds, the security deposit shall be forfeited as damages to the Owner by reason of our failure, limited in amount to the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Con- tract is signed. In the event our bid is not accepted within the time stated above, the required security deposit will be returned to the undersigned, in accordance with the provisions of the Instructions to Bidders; unless a mutually satisfactory ar- rangement is made for its retention and validity for an extended period of time. 3. CONTRACT TIME If this Bid is accepted, we will: BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT) 004113-1 Fugleberg Park— Restroom Facility Renovation 18005M ■ Commence the Work by (date) -5 — -Z fd • Complete the Work by (date) c8 ✓ "5 _ 1�6 4. CHANGES TO THE WORK When the Architect / Engineer establishes that the method of valuation for Changes in the Work will be net cost plus a percentage fee in accordance with General Conditions, our percentage fee shall be: /6 percent overhead and profit on the net cost of our own Work; 7 percent on the gross cost of work done by any Subcontractor. On work deleted from the Contract, our credit to the Owner shall be the Architect / Engineer approved net cost plus 0 of the overhead and profit percentage noted above. 5. ADDENDA The following Addenda have been received.. The modifications to the Bid Documents noted below have been con- sidered and all costs are included in the Bid Sum. Addendum # I Dated 4/24/18 Addendum # Dated Addendum # Dated Addendum # Dated 6. APPENDICES The following documents are attached to and made a condition of the Bid: Bid security deposit in form of p% J 00 wJ Document 004300 including: Appendix A — List of Alternates. 6. ADDITIONAL BIDDER QUALIFICATION INFORMATION After the bid opening, the City of Oshkosh will distribute a Request for Additional Qualification Information form, to be completed and returned to the City Manager (address above) within 24 hours. 7. BID FORM SIGNATURES The Corporate Seal of Cardinal Construction Company Inc. (Bidder — print the full name of your firm) Was hereunto affied t e presen o : BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT) 004113-2 Fug'rebe,,rg Park — Restroom Facility Renovation 18005M (Autliov iz:E�d signing officer) Title) President (Seal) (Authorized signingMeer) Title) Vice President (Szwl% If the bid is a joint venture or partnership, add additional forms of execution for each member of the joint venture in the appropriated form or forms as above. END OF SECTION 004113 BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT) . 004113-3 Fugleberg Park -Restroom Facility Renovation SECTION 004300 — PROCUREMENT FORM SUPPLEMENTS To: Oshkosh City Manager c/o City Clerk's Office, City Hall 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 Project: Restroom. Facility Renovation — Fugleberg Park Date: 5-11 /o) Submitted by: (full name & address) 18005M In accordance with Document 002113 and Document 004113, we include the Appendices to Bid Form Supplements listed below. The information provided shall be considered an integral part of the Bid Form. The following Appendices are attached to this document: Appendix A — List of Unit Prices: Include unit prices for work described in Section 012000 - Unit Prices. Appendix B — List of Alternates: Include cost variation to Bid Sum applicable to the Work described in Section 012000 — Alternates. BID FORM SUPPLEMENTS SIGNATURES The Corporate Seal of (Bidder — print the full name ofyourur fi mm Was hereunto affi in a presence of: (Aitho zed signing officer Title) (Seal) �— e (Authorized signing off4fer Title) vim (Seal) PROCUREMENT FORM SUPPLEMENTS 004300-1 Fugleberg Park - Restroom Facility Renovation APPENDIX A - LIST OF UNIT PRICES The following is the list of Unit Prices referenced in the bid submitted by: (Bidder) C U✓�✓� y��` To: Oshkosh City Manager c/o City Clerk's Office, City Hall 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 Dated -0-// Ll 6 and which is an integral part of the Bid Form. 18005M The following are Unit Prices for specific portions of the Work as listed, and are applicable to authorized variations from the Contract Documents. Refer to Section 012000 -'Trice and Payment Procedures: Schedule of Unit Prices" for description of Unit Prices. Note: General Contractor to fill in unit values. Item Description Unit Value - Added Work Unit Value - Deleted Work 1) Exterior masonry tuck pointing that exceeds quan- tit indicated on drawings. $ $ �� 2 r PROCUREMENT FORM SUPPLEMENTS 004300-2 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 215 Church Ave Oshkosh WI 54901-4747 Document A310TM -2010 BOND AMOUNT: $ Five Percent of the Amount Bid Bond Number: 2382909 SURETY: (Name, legal status and principal place of business) ADDITIONS AND DELETIONS: West Bend Mutual Insurance Company The author of this document has PO Box 620976 added information needed for its Middleton, WI 53562 completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be PROJECT: (Name, location or address, and Project number, if any) Fugleberg Park Boat Launch Restroom Facility Renovations 2000 Doty 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 larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A310TM — 2010. Copyright © 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 04:27:00 on 02/08/2018 under Order No, 5604087024 which expires on 02/1612019, and is not for resale. User Notes: (369ADA17) Signed and sealed this 1 day of May 2018 �' I,,, :(��= tness) (Witness) Cardinal Construc ' n o. In . —"'(Vontr t�(� rincip (Ssai) ty (Title) TTo�dd Cardinal, President West Bend Mutual Insurance Company (Sur )� � �(Seal) ('lite) PAMELA ANOV H , Attorney -In -Fact AIA Document A310TM — 2010. Copyright© 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document t was produced by AIA software at 04 27 00 on 02io6i2016 under Order No, 5604087024 which expires on 02/16/2019, and is not for resale. User Notes: (3139ADA17) WEST BEND A MUTUAL INSURANCE COMPANY' POWER OF ATTORNEY THE SILVER LINING* Bond No. 2382909 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 215' day of December, 1999. Appointment of Attorney -In -Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -In -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by its secretary this 22nd day of Se tember, 2017. Attest Christopher C. Ztygarto�ArF $'. Kevin A. Steiner Secretary jSEAi', Chief Executive Officer/President State of Wisconsin _... County of Washington On the 22nd day of September, 2017, 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 o'fsaid corporation and that he signed his name thereto by like order. �,tM •. ice' """ — tAOTARY `. Juli A nedum t.Nf,• PtffiLlc a,: Senior orporate Attorney 9rFOF iaI ,jNotary Public, Washington Co., WI • My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 1st day of May 2018 e /r CPRPORA �SEA[. Heather Dunn � Vice President – Chief Financial Officer Noe: Any questions concerning this Power of Attorney may d ticirected to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 1900 S. 18th Ave. West Bend, WI 53095 1 ph (262) 334-6430 1 1-800-236-5004 1 fax (262) 338-5058 1 www.thesilverlining.com Performance Bond 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 215 Church Ave Oshkosh WI 54901-4747 CONSTRUCTION CONTRACT Date: 05/15/2018 Amount: $ 92,625.00 Document A312T* -2010 Bond Number: 2382909 SURETY: (Name, legal status and principal place of business) West Bend Mutual Insurance Company PO Box 620976 Middleton. WI 53562 Description: Fugleberg Park Boat Launch Restroom Facility Renovations (Name and location) BOND Date: 05/16/2018 (Not earlier than Construction Contract Date) Amount: $ 92,625.00 Modifications to this Bond: XXXX None CONTRACTOR. AS PRINCIPAL Company: (Corp acleSCardinal Construe Signature: '1 �GKiC Name and Title: Todd Cardinal, President = See Section 16 SURETY Company: (Corporate Seal) West Bend Mutual I s n Company Signature: 1/ ADDITIONS AND DELETIONS: 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 Additions and Deletions 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 information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Name and Title: PAMELA DEANOVICH , 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 orotherparty.) 17 NORTH PIONEER ROAD NA FOND DU LAC, WI 54935 (800) 524-5467 AIA Document A312TM — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 1 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 04:27:00 on 02/08/2018 under Order No. 5M4087024 which expires on 02/18/2019. and is not for resale. User Notes: (3139ADA16) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety, and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312"' — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result in 2 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 0427:00 on 02/0812016 under Order No. 5604087024 which expires on 02/16/2018, and is not for resale. User Notes: (sssADAis) § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contractor to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fiunished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. AIA Document A312"' — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software / at a:zroo on 02/08/2018 under Order No. 5604087024 which expires on 02/1-019, and is not for resale. User Notes: (3139ADA16) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA Document A312TM — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at od 27 00 on 02/08/2018 under Order No. 5604087024 which expires on 02/16/2019, and is not for resale. (user Notes: (3B9ADA16) Payment Bond 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 215 Church Ave Oshkosh WI 54901-4747 CONSTRUCTION CONTRACT Date: 05/15/2018 Amount: $ 92,625.00 Document A312TM -2010 Bond Number: 2382909 SURETY: (Name, legal status and principal place of business) West Bend Mutual Insurance Company PO Box 620976 Middleton, WI 53562 Description: Fugleberg Park Boat Launch Restroom Facility Renovations (Name and location) BOND Date: 05/16/2018 (Not earlier than Construction Contract Date) Amount: $ 92.625.00 Modifications to this Bond: XXXX None CONTRACTOR AS PRINCIPAL Company: (Corporat eal) Cardinal Construction Co., I Signature: Name and Title: Todd Cardinal, President 0 See Section 18 SURETY ADDITIONS AND DELETIONS: 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 Additions and Deletions 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 information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Company: (Corporate Seal) West Bend Mutual Insurance Company Signature: ro, Name and Title: PAMELA DEANOVICH , Attorney -in -Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: JACKSON KAHL INSURANCE (Architect, Engineer orotherparty.) 17 NORTH PIONEER ROAD NA FOND DU LAC, WI 54935 (800) 524-5467 AIA Document A312TM — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by D Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at 04:27:00 on 02/062016 under Order No. 5604067024 which expires on 02/16/2019, and is not for resale. User Notes: (3B9ADA10) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. lnit AIA Document A312" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 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 04:27.00 on 02/08/2018 under Order No. 5604087024 which expires on o2/16/2o1s, and is not for resale. User Notes: (3B9ADA10) § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment finished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last finished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to finish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A3121" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by Init U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 0427:00 on 02/0812018 under Order No. 02116r2019, which expires on 02/16/2019, and is not for resale. User Notes: (3B9ADA10) § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: Init. AIA Document A312TM — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 0427:00 on 02/06/2018 under Order No. 5604087024 which expires on 02/16/2019, and is not for resale. User Notes: (3B9ADA10)