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HomeMy WebLinkAboutPayment Bond- Travelers Casualty & Surety Co 12td Bond No. 106968290 Executed in 3 Copies PAYMENT BOND CITY OF OSHKOSH Contract Number 18-14 and alternate 1 Date Bond Executed(Date of Contractor Later) September 13, 2018 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) 7�pe of Organization Vinton Construction Company P.O.Box 1.37 _Individual _,,,,Partnership Two Rivers,WI 54241 X Corporation State of Incorporation Wisconsin SURETY(IES) (Legal Name(s)and Business Address(es)) Penal Sum of Bond Travelers Casualty and Surety Company of America $3,126,518.07 13935 Bishops Drive - Suite 200 Brookfield, Wisconsin 53005 OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 fJBLIGATION _.�._.�. y �.�...�... 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) two (2) business days following deposit in the United States mail, postage prepaid; (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. VINTON CONSTRUCTION COMPANY Travelers Casualty and Surety Company of America 1%11411 V#ff"" w' 1t' OV, 4� ontr, t Dame of Prinirpail NAe of Surety Joseph L. Vigga "�J(3 P 0 1?4 Michael J.Maples Z President Attorney-In-Fact NaR Ti tle itle "0 ���''�°A//ill/l1(114�14{'yll\�\\�\\�w�� . ` / | Travelers Casualty and Surety Company of America A1111 W_ Travelers Casualty and Surety Company � TRAVELERSJ St. Paul Fire and Marine Insurance Company POWER orATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),andmat the Companies do hereby make constitute and appoint JDSEPHLmGmA ofM|LxvxUKEE . momxunmm . wn/, true and /uwm/ *nom*y-inrom to oign, mmcue, seal and acknowledge any and all pvnnv, remen/zon;vv, conditional undertakings and other writings obligatory in the nature thereof on uvxo|f of the Companies in their »uminoou of ouommaemQ the � fidelity of pemono, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings mqv|md o, permitted in any actions or proceedingsaUowmdby|ew. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. op � State ofConnecticut By: City of Hartford nm. Robert L.Raney,Se."x Vice President On this the 3rd day of February,2017 before me personally appeared Robert L.Raney,who acknowledged himself mhe the Senior Vice President m Travelers Casualty andO Company of America, TmvelemCaaua|tyandGurety Company, and St. Paul Fire and Marine Insurance Company, and � that he,aa such,being authorized oom do,executed the foregoing instrument for the purposes therein contained uy signing un behalf of the corporations by himself aoa duly authorized officer, |n Witness Whereof,|hereunto set my hand and official seal. ' wy Commission expires the outo day m/June,uoo1 0 Mar�e C.Tetreault,Notary Public This Power of Attorney is granted under andbythe authority of the following resolutions adopted by the Boards of Directors uf Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading eofollows: RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any SeniorVice President, any Vi President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretarymmyepo|mxxomeyum+emand Agents to act for and on behalf of the Company and may give such appointee such authority as his vr her certificate uf authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and itio FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President vr any Vice President may delegate all o/any part n[the foregoing authority 10 one m more officers or employees nf this Company,provided that each such delegation iuin writing and w copy thereof is filed in the office of the Secretary;and|tiu FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional � undertaking shall ue valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Woe President or any Vice President, any Second Vice President, the Tmuoumr, any Assistant Treasurer, the Corporate Secretary or any Amuimmm Secretary and duly attested and sealed with the Company's seal by a Secreta ur Assistant Secretary; or(W duly executed (under seal, x required)uy one or more fmomeyo'in-pmct and xqon|o pursuant 1nthe power prescribed in his o/her certificate or their certificates vf authority u/uy one or more Company officers pursuant t*o written delegation of authority;and i|io FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or\n any certificate relating thereto appointing Resident Vice Presidents,Resident A i / t Secretaries or Attorneys-in-Fact for purposesonly vf executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power m Attorney ur certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power ov executed and certified bysuch facsimile � signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. |. Kevin E. Mughwa, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety � Company, and St. Paul Fire and Marine Insurance Company,dv hereby certify that the above and foregoing i^o true and correct copy ny the Power o, Attorney executed uy said Companies,which remains in full force and effect. | Dated this 13tx day of September . 20180. 07/0"'WU � [Kevin E.Hughes,Assistant Secretary zm verify the authenticity ofthis Pom^ermrAl ttnnmey,please call wsat 1-800-421-3880. Please refer to the abo,ve-named A ttorney-in-Fact and the de tails of the b ond to which the po wer is a ttached.