CONTRACTORS INSURANCE WITHOUT CONSTRUCTION.pdf

Insurance Requirements for the

City of Oshkosh

Revised: April 26, 2022

Revised: April 11, 20222 Revised: February 1, 2022

Revised: December 20, 2018 Revised: May 12, 2014 Revised: April 14, 2014

Revised: October 23, 2013 Revised: July 16, 2012 Revised: May 25, 2012 Revised: May 9, 2012

Revised: December 21, 2011 Revised: March 31, 2011

Original: January 14, 2011

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City of Oshkosh Insurance Requirements

INTRODUCTION

The City’s Insurance Requirements describe the insurance required, some of which identify the risks to be covered and allow the Contractor and its Insurer some flexibility in covering those risks. The City will not be reviewing each and every detail of the Contractor’s policy, but expects that the required coverage exists. The City’s action, or inaction, of allowing the contract to proceed does not act as a waiver of any insurance requirement or an alteration of any required term of the contract. To the contrary, the City relies on the affirmations of the Contractor and to the extent that such affirmations are false, misleading, or in error, the City reserves the right to, in addition to enforcement of contract requirements, the ability to pursue any false, misleading, or erroneous affirmations.

It is important that the City of Oshkosh is adequately protected from loss due to the negligence of others (contractors, suppliers, vendors, etc.) who are working for, with, or on behalf of the City of Oshkosh. To help achieve this goal, the City of Oshkosh requires that other parties carry a certain level of insurance that will protect, defend and indemnify the City from losses arising out of their activities or from their products.

The following standards have been established to help provide direction and consistency for City of Oshkosh Departments. Until the appropriate certificate of insurance verifying the required coverage is obtained, the City of Oshkosh will NOT be issuing a license, permit or entering into a contract.

Insurance requirements for jobs or activities such as asbestos abatement, pollution clean up, oil recycling, hazardous waste removal, or any new contract or activity where it is not clear what level of insurance should be required will be determined by the City Attorney and the Safety & Risk Management Officer.

The City Attorney and/or the Safety & Risk Management Officer are responsible for the review of all certificates of insurance to determine if they meet the insurance requirements.

There may be times when an organization or Contractor can not meet the insurance requirements. Any significant variance from the standards must be authorized by the City Attorney and/or the Safety & Risk Management Officer.

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CITY OF OSHKOSH

INSURANCE REQUIREMENTS

II. CONTRACTOR’S INSURANCE WITHOUT CONSTRUCTION

INSURANCE REQUIREMENTS

The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City.

It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer.

1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY & BONDS

A. Commercial General Liability coverage at least as broad as Insurance Services Office

Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage:

1. Each Occurrence limit $1,000,000

2. Personal and Advertising Injury limit $1,000,000

3. General aggregate limit (other than Products–Completed Operations) per project $2,000,000

4. Products–Completed Operations aggregate $2,000,000

5. Fire Damage limit — any one fire $50,000

6. Medical Expense limit — any one person $5,000

7. Watercraft Liability, (Protection & Indemnity coverage)”if” the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of $1,000,000 per occurrence for Bodily Injury and Property Damage.

8. Products – Completed Operations coverage must be carried for two years after acceptance of completed work.

B. Automobile Liability coverage at least as broad as Insurance Services Office Business

Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1– “Any Auto” basis.

C. Workers’ Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen’s and Harbor Workers Act coverage.

D. Umbrella Liability providing coverage at least as broad as the underlying Commercial

General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000.

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E. Aircraft Liability, “if” the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo.

F. The contractor is responsible for loss and coverage for Builder’s Risk, Installation Floater, Contractor’s Equipment and Property exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors.

G. Also, see requirements under Section 3.

H. Bond Requirements

Bond forms acceptable by the City of Oshkosh are found on the last 6 pages of this document.

1. Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond, which will accompany the bid for the project.

The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000.

2. Payment and Performance Bond. If awarded the contract, bids that are

$25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract’s execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000.

3. Acceptability of Bonding Company. The Bid, Payment and Performance

Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI.

2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR

All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers’ Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above.

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3. APPLICABLE TO CONTRACTORS / SUBCONTRACTORS / SUB-SUB CONTRACTORS

A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M.

Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin.

B. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products – Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies.

C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk

– City of Oshkosh.

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYY)

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

NAME:

PHONE

(A/C. No. Ext):

FAX

(A/C. No):

E-MAIL

ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #

INSURER A: ABC Insurance Company NAIC #

INSURED

INSURER B: XYZ Insurance Company NAIC #

INSURER C: LMN Insurance Company NAIC #

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 AMY 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

LTR TYPE OF INSURANCE

ADDL

INSR

SUBR

WVD POLICY NUMBER

POLICY EFF

(MM/DD/YYY)

POLICY EXP

(MM/DD/YYY) LIMITS

GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000

COMMERCIAL GENERAL LIABILITY

DAMAGE TO RENTED

PREMISES (Ea occurrence) $ 50,000

A CLAIMS-MADE OCCUR MED EXP (Any one person) $ 5,000

ISO FORM CG 20 37 OR EQUIVALENT PERSONAL & ADV INJURY $ 1,000,000

GENERAL AGGREGATE $ 2,000,000

GEN’L AGGREGATE LIMIT APPLIES PER:

PRODUCTS – COMP/OP AGG $ 2,000,000

POLICY

PRO-

JECT

LOC

AUTOMOBILE LIABILITY

COMBINED SINGLE LIMIT

(Ea accident) $ 1,000,000

ANY AUTO

BODILY INJURY (Per person) $

B ALL OWNED

AUTOS

SCHEDULED

AUTOS

BODILY INJURY (Per accident) $

HIRED AUTOS

NON-OWNED

AUTOS

PROPERTY DAMAGE

(Per accident) $

UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000

A EXCESS LIAB CLAIMS-MADE

AGGREGATE $ 2,000,000

DED RETENTION $10,000

C WORKERS COMPENSATION

AND EMPLOYERS’ LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICE/MEMBER EXCLUDED? Y / N

(Mandatory in NH) N

If yes, describe under DESCRIPTION OF OPERATIONS below

WC STATU-

TORY LIMITS

OTH-

ER

E.L. EACH ACCIDENT $ 100,000

E.L. DISEASE – EA EMPLOYEE $ 100,000

E.L. DISEASE – POLICY LIMIT $ 500,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)

Additional Insureds per attached endorsements.

Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh.

CERTIFICATE HOLDER CANCELLATION

City of Oshkosh, Attn: City Clerk 215 Church Avenue PO Box 1130 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

© 1988-2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD

Insurer(s) must have a minimum A.M. Best rating of A-and a Financial Performance Rating of VI or better.

Policy effective and expiration date.

Policy effective and expiration date.

Policy effective and expiration date.

Policy effective and expiration date.

General Liability Policy Number

Auto Liability Policy Number

Umbrella Liability Policy Number

Workers Compensation Policy Number

Insurance Agent’s contact information.

Insurance Agency contact information, including street address and PO Box if applicable.

Insured’s contact information, including name, address and phone number.

Insurance Standard II

SAMPLE CERTIFICATE

Please indicate somewhere on this certificate, the contract or project # this certificate is for.

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

CG 20 10 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR

CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations

As required by contract

Any and all job sites

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf;

In the performance of your ongoing operations for the additional insured(s) at the location(s) design-nated above.

B. With respect to the insurance afforded to these additional insureds, the following additional exclu-sions apply:

This insurance does not apply to “bodily injury” or “property damage” occurring after:

1. All work, including materials, parts or equip-ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location 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 in-tended use by any person or organization other than another contractor or subcontractor en-gaged in performing operations for a principal as a part of the same project.

CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1

Insurance Standard II

SAMPLE CERTIFICATE

Please indicate somewhere on this certificate, the contract or project #

Policy #

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

CG 20 37 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR

CONTRACTORS – COMPLETED OPERATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations

As required by contract

Any and all job sites

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury”, “property dam-age” caused, in whole or in part, by “your work” at the location designated and described in the sched-ule of this endorsement performed for that additional insured and included in the “products-completed operations hazard”.

CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1

Policy #

Insurance Standard II

SAMPLE CERTIFICATE

Please indicate somewhere on this certificate, the contract or project #

BID BOND CITY OF OSHKOSH

Contract Number Bond Number

Date Bond Executed (Date of Contract or Later)

PRINCIPAL/CONTRACTOR (Legal Name and Business Address)

Type of Organization

Individual Partnership Corporation

State of Incorporation

SURETY(IES) (Legal Name(s) and Business Address(es))

OWNER (Legal Name and Business Address)

215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130

Penal Sum of Bond

OBLIGATION

The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this Contractor within the time specified in the bid documents or within such time period as may be agreed upon between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business days of written notice to the Contractor and Surety of Owner’s intent to make a claim upon this Bond.

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.

If the Contractor either enters into a contract with Owner in accordance with the terms of the bid and gives such bond(s) that may be specified in the bidding documents for the faithful performance of the Contract and for the prompt payment of labor, materials and supplies furnished for the purpose thereof; or pays to the Owner the difference between the amount specified in the bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered in such bid, then the Surety and the Contractor shall have no obligation under this Bond.

Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose.

The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein.

Name of Principal/Contractor Name of Surety

Title Title

PAYMENT BOND CITY OF OSHKOSH

215 Church Avenue PO Box 1130

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 Contract identified above, which is incorporated herein by reference, subject to the following terms.

If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from all 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 Contract, then the Surety and the Contractor shall have no obligation under this Bond.

If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety 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 Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.

Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims, if any, under any 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 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.

Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety’s expense defend, indemnify and hold harmless the Owner against such claim, demand, lien or suit.

Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed.

Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond.

Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose.

The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein.

PERFORMANCE BOND CITY OF OSHKOSH

215 Church Avenue PO Box 1130

The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above, which is incorporated herein by reference.

This Bond shall cover any work performed during initial construction and any warranty period required by the Contract.

If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after:

4. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the

Contractor in default of the Contract. Within five (5) business days of the Owner’s notice, either the

Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at

Owner’s principal place of business or another agreed upon location within five (5) business days of the request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed a reasonable time to perform the Contract, but such agreement shall not waive the Owner’s right, if any, to subsequently declare the Contractor in default;

5. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and

6. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the

Contract to the Surety or to a qualified Contractor selected to perform the Contract.

Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations.

Upon notice from the Owner as provided above, the Surety shall promptly and at Surety’s expense take one of the following actions:

6. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract;

7. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors;

8. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract.

9. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or

10. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial.

If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default.

Except for default of the Surety and Surety’s election to perform or complete the Contract itself under Paragraph 2 above, Surety’s liability shall be limited to the amount of this Bond.

Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose.

The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein.

The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof.

Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor.