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HomeMy WebLinkAbout23-006 Tennis CourtsBID BOND Contract Number 23-006 Tennis Court / Pickleball Court Rehab Date Bond Executed (Date of Contract or Later) May 9th, 2023 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Vinton Construction Company 1322 33rd Street P.O. Box 137 Two Rivers, WI 54241 SURETY(IES) (Legal Name(s) and Business Address(es)) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of Organization _ Individual _ Partnership Corporation State of Incorporation Wisconsin Penal Sum of Bond Five Percent of Amount Bid (5% of Bid) 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 tinder this Bond. Page 1 of 2 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERSJ St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY 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"), and that the Companies do hereby make, constitute and appoint Kathryn A. Weidner of MADISON , Wisconsin , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. W1FiTF061D, C(kiN. o nN � State of Connecticut City of Hartford ss. By: Robert L. Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. �� p@ IN WITNESS WHEREOF, I hereunto set my hand and official seal. f ` fGTAWAti'Y hi My Commission expires the 30th day of June, 2021* a Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of 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 as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of 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 a 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 it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is 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 to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such 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. I, Kevin E. Hughes, 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, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 9th day of May , 2023 HMO iiay a HAO, CONN.+ CONK. � ONN. n Kevin E. Hughes, Asse tant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which this Power of Attorney is attached. PERFORMANCE BOND Contract Number23-006, Westhaven Circle and Bond Number 107762667 Teichmiller Park Tennis & Pickle Ball Court Rehabilitation Date Bond Executed (Date of Contract or Later) May 24, 2023 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Vinton Construction Company 1322 33rd Street Two Rivers, WI 54241 SURETY(IES) (Legal Name(s) and Business Address(es)) Travelers Surety and Casualty Company of America One Tower Square Hartford, CT 06183 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation Wisconsin Penal Sum of Bond $235,498.00 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. Vinton Construction Company Name of Principal/Contractor �3 \0\,,\111111111//""/', R U C T/O I,�fJ,JJJ a P 0 Title rN,tGhOL _�P N o SEAL:moo >0 e Travelers Casualty and Surety Company of America Name of Surety Kathryn A. Weidner, Attorney -in -Fact Travelers Casualty and Surety Company of America AMk Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY 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"), and that the Companies do hereby make, constitute and appoint Kathryn A. Weidner of MADISON , Wisconsin , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. am*.1%) cc+*+Co..�1PW....` ;fi 0 State of Connecticut City of Hartford ss. By: Robert L. Rane enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. FP IN WITNESS WHEREOF, I hereunto set my hand and official seal. 0=� �'My Commission expires the 30th day of June, 2021 t rued Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of 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 as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of 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 a 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 it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is 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 to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such 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. I, Kevin E. Hughes, 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, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 24th day of May , 2023 OMMAlt G wP G9 TT m $f �� • � 'ayl N+a° � M Kevin E. Hughes, Assi taut Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which this Power of Attorney is attached. FUTAAMTAINMHIC • C Contract Number 23-006, Westhaven Circle and Bond Number 107762667 Teichmiller Park Tennis & Pickle Ball Court Rehabilitation Date Bond Executed (Date of Contract or Later) May 24, 2023 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Vinton Construction Company 1322 33rd Street Two Rivers, WI 54241 SURETY(IES) (Legal Name(s) and Business Address(es)) Travelers Surety and Casualty Company of America One Tower Square Hartford, CT 06183 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation Wisconins Penal Sum of Bond $235,498.00 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. Vinton Construction Company . Travelers Casualty and Surety Company of America Name of Principal/Contractor ,�```RUC ,,,�� Name of Surety �© POC, o 3 G� R',O r '{ I e rKttGhtt�l 0.plrs B "� D it e Kathryn A. eidner, Attorney -in -Fact Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY 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'), and that the Companies do hereby make, constitute and appoint Kathryn A. Weidner of MADISON , Wisconsin , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. ��wyfiy� gJPt�Y AJ/0® _ OWLV4 G9< A � � ivlrirrOr�, CONN. c WA State of Connecticut City of Hartford ss. By: Robert L. Rane enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. TAA IN WITNESS WHEREOF, I hereunto set my hand and official seal. '� a NbTAIiV f My Commission expires the 30th day of June, 2021 *a *j Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of 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 as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of 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 a 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 it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is 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 to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such 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. I, Kevin E. Hughes, 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, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 24th day of May , 2023 0(77)_0"1Z ED Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which this Power of Attorney is attached. OFFICIAL NOTICE TO CONTRACTORS NOTICE IS HEREBY GIVEN that sealed bids will be received up until 10:00 AM TUESDAY MAY 9 2023 in the City Clerk's Office, Room 104, City Hall, Oshkosh, Wisconsin for 2023 TENNIS COURT/PICKLEBALL COURT REHABILITATION FOR THE CITY OF OSHKOSH PARKS DEPARTMENT, at which time and place all bids will be publicly opened and read in the Room 404 of Oshkosh City Hall, 215 Church Avenue, Oshkosh, WI 54901. It is the bidder's sole responsibility to insure that the bid is timely and physically received by the City Clerk's office prior to the deadline set forth in this notice. No bids will be accepted after the deadline. All bids must be submitted in an envelope sealed by the bidder or designated representative. All bids should be addressed to the City Manager, c/o City Clerk's Office, City Hall, 215 Church Avenue, P. O. Box 1130, Oshkosh, WI 54903-1130. On the outside of the envelope, the bidder should distinctly indicate the name and address of the bidder and in the lower left corner should clearly indicate the envelope contains a sealed bid for "2023 TENNIS COURT/PICKLEBALL COURT REHABILITATION." Any bids not complying with these instructions shall be returned to the bidder unopened and unread. Submission of bid documents by facsimile equipment will not be accepted. MANDATORY PRE -BID MEETING: The City of Oshkosh will hold a mandatory pre -bid walkthrough meeting for all qualified contractors on MONDAY APRIL 17 2023 beginning at 8:30 a.m. at WESTHAVEN PARK TENNIS COURTS 1625 WESTHAVEN DRIVE, OSHKOSH WI 54904. The meeting will include a general overview of the project. Each attendee's contact information will be gathered at this meeting. Answers to all questions submitted during this meeting will be shared to all qualified bidders in a written form according to the Project Schedule attached herein. Oral statements may not be relied upon and will not be binding or legally effective. Any bid proposals from qualified bidders that do not attend the mandatory pre -bid walkthrough will not be accepted. Contractors must be qualified to submit a bid for this project. This shall be done on forms furnished by the City of Oshkosh, Wisconsin and must be filled out in a proper manner and then submitted to the General Services Manager for consideration by the deadline stated within this IFB. The General Services Manager's decision as to qualifications will be final. A copy of this form is included within the bid specifications. To verify if your firm has a pre -qualification form on file for the current calendar year please contact the Purchasing Office at (920) 236-5100. This bid is posted on DemandStar website. Vendors that have not already registered to receive free notifications of this bid and other City of Oshkosh solicitations may do so by visiting Demandstar at: www.demandstar.com/registration. They bid specifications can also be obtained through Blue Print Imaging Technologies, 2350 W Pershing St, Appleton, WI 54914, ph. 920-733-4539, www.bluel2rintservice.com. For further information concerning this invitation for bid, contact the Purchasing Office, Room 302, City Hall, purchasing@ci.oshkosh.wi.us or telephone (920) 236-5100. The City reserves the right to reject any and all bids and to waive any informality in bidding. MARK A. ROHLOFF City Manager PUBLISHED: APRIL 7 AND APRIL 14 2023 CITY OF OSHKOSH INVITATION FOR BID WESTHAVEN CIRCLE & TEICHMILLER PARKS 2023 TENNIS & PICKLEBALL COURT REHABILITATION BID PROPOSAL FORM Page 1 of 2 From: Vinton Construction Company (bidder's company name) BID SUBMITTAL DEADLINE: May 9, 2023 Q 10:00 A.M. Date: May 9th, 2023 Addenda: Receipt of Addenda numbered 14P of are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write "N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): TOTAL BASE BID: $ZD,qg 00 Words)(Base Bid Price - in Warranty Details: Klr Spe cA �6 , 11 fi Q i S Alternate Bid #1- Purchase and installation of Bakko Bang Board (Price is per site): $ 151,000.00 /site 28 ee Zero 1 i'�ken 4bous"d dollars and ioo (Alternate Bid Price — in Words) 1. Unit Price One: Provide and install Armor beyond If on plans. Price to include routing, cleaning of crack, concrete in -fill, Armor installation and one coat of AR over Armor. Price is per lineal foot of Armor SIGNATURES Date: 5/09/2023 Name of Company: Vinton �s Submitted by: (name/title, Michael J. V es / ry Address of Company: 1322 33rd Street (P.O. Bd6 t� Two Rivers, WI 54241 $ 3U.ofl per lineal foot e1eej t'r Com P an Y �P, fontracts(a).vintonwis.com nt `to e � =920-682-0375 0 CITY OF OSHKOSH INVITATION FOR BID WESTHAVEN CIRCLE & TEICHMILLER PARKS 2023 TENNIS 8: PICKLEBALL COURT REHABILITATION BID PROPOSAL FORM Page 1 of 2 From: Northeast Asphalt, Inc (bidder's company name) BID SUBMITTAL DEADLINE: May 9, 2023 @ 10:00 A.M. Date: 5/9/2023 Addenda: Receipt of Addenda numbered " of — are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write "N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor, We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): TOTAL BASE BID: $_2—I ,I ff) .0 fEn hamffd rifteen DI ICLV3 (Wd no C��.nt5, Bid Price — in Words) Warranty Details: Alternate Bid #1- Purchase and installation of Bakko Bang Board (Price is per site): 28 (Alternate Bid Price- in Words) 1. Unit Price One: Provide and install Armor beyond If on plans. Price to include routing, cleaning of crack, concrete in -fill, Armor installation and one coat of AR over Armor. Price is per lineal foot of Armor s25 per lineal foot SIGNATURES Date: s/9 ��oa3 Name of Company: /Q0 f4h eas-� P/ud my C Submitted by: (name/title) Email: 11.9nA,u64z 2Dwydr.6gp-cew, Address of Company: !,Lj&.ff 'jp AegLQA.. Or ---- Phone: 920-'7,57-.99o0 G-Ir a'AMIe11j"" gggi A 29 BID BOND CITY OF OSHKOSH Contract Number 23-006 Bond Number N/A Date Bond Executed (Date of Contract or Later) 5/9/23 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) NORTHEAST ASPHALT, INC. W6380 Design Drive Greenville, WI 54942 SURETY(IES) (Legal Name(s) and Business Address(es)) WESTERN SURETY COMPANY 151 N. Franklin Street Chicago, IL 60606 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 Type of Organization ❑ Individual ❑ Partnership [:3 Corporation State of Incorporation WI Penal Sum of Bond Five Percent of Amount bid (5% of Amount Bid) 2023 Tennis Court & Pickleball Court Rehabilitation, Oshkosh, Wisconsin. 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: (1) 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; (111) 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. NORTHEAST ASPHALT, INC. Name of Principal/Contractor Title Taylor auer f WESTERN SURETY COMPANY Name of Surety Title Kelly (day, ttor ey-in-Fact Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Fails, and State of South Dakota, and that it does by virtue of the signature and seat herein affixed hereby make, constitute and appoint Kelly Cody, Roxanne Jensen, Individually of Green Bay, Wisconsin Trudy A. Szalewski, Brian Krause, Individually of Milwaukee, Wisconsin its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In witness whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 10th day of June, 2022. REry"� WESTERN SURETY COMPANY +gU °q�r�" APPaul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this loth day of June, 2022, before me personally came Paul T. Bruilat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires """` t M.BENT , NOTAM PUBLIC + March 2, 2026 ' E'" #�SCUT" QAKM '�� I M. Bent, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this°: day of, WESTERN SURETY COMPANY $�wQ4tP0ggran v x L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety-com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. CERTIFICATE OF CORPORATE RESOLUTION PART OF THE MINUTES OF MEETING OF DIRECTORS RESOLVED, that Kurt Bechthold, Marl. E. Filmanowicz, Brian Endres, Brian Enders, Monica Elles, Andrew Schmidt, David L. Bechthold, Charles E. Bechthold, Jon Leach, Taylor Tauer, Nicholas Ebert, Christopher Urech, Cecilia McCormack, Bridget Kraus, Peter Kozak, Ric Szalewski, John C. Bartoszek, Jon Wurzer, Steve Higgins, and Christopher J. Winiecki shall have the authority to sign all contracts for and within the State of Wisconsin and on behalf of Northeast Asphalt, Inc. I, Mark E. Filmanowicz, do hereby certify that I am the duly elected and qualified Secretary and the custodian of the records of Northeast Asphalt, Inc., a corporation organized and existing under and by virtue of the laws of the State of Wisconsin; that the foregoing is a true and correct copy of a certain resolution duly adopted at a meeting of the Board of Directors of said corporation convened and held in accordance with the law and the bylaws of said corporation on the 8" day of March 2023, and that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have signed my name this 9th day of May 2023 Aark. Filmanowicz, Secretary inc\crm\Corporate_Resol_NEA_W I. doe Ac"R hP CERTIFICATE OF LIABILITY INSURANCE DATE 05/09/20239/2023 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 have ADDITIONAL INSURED provisions or 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 AON RISK SERVICES CENTRAL, INC. NAME: Aon Risk Services Central, Inc. Green Bay WI Office _CNN , Exc) (920) 437-7123 - — FAXNo), (920) 431-6345 E-MAIL 10700 Research Drive ADDRESS: INSURERS) AFFORDING COVERAGE__ _ _ _ NAIC # Suite 450 INSURER A: Travelers Indemnity Company 25658 Milwaukee WI 53226 USA --—_.---- -— --- —---_..-------- — INSURED NORTHEAST ASPHALT, INC. Travelers PropertyCasualty Company of America I z5s�a INSURER B-i--- y p—Y ------ 1 INSURER C : A-j-TN: P.O. BOX 1632 INSURER D WAUKESHA, WI 53187 INSURERE INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUBR --- POLICY EFF T POLICY EXP LTR� TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE Is 1 000,000 -- i_— CLAIMS -MADE OCCUR DAMAGE TO RENTED I PREMISES (Ea occurrence y 300,000 L _ 5,000 _-__� A �Xj CONTRACTUAL LIABILITY VTC2KCO-7211B454-23 03/01/2023 03/01/2024 MED E_XP (Any one person) PERSONAL S _. 1000,000 t - GEN'L AGGREGATE LIMIT APPLIES PER: ( GENERAL AGGREGATE S 2,000,000 I PRO- PRODUCTS COMPIOP AGG $ 2 000,000 _ POLICY 1 JECT LOC - I. OTHER: • AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT Ea accidentJ_______ $ 2,000,000 BODILY INJURY (Per person) ANY AUTO S A OWNED SCHEDULEDILY VTC2KCAP-3049P0201ND2303/01/2023 03/01/20241 INJURY (Per accident)'-S. AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAMAGE — AUTOS ONLY AUTOS ONLY PerDaccidenl '-S- ---- -- - UMBRELLA LIAR _ OCCUR ! EACH OCCURRENCE S 10,000.,000 AGGREGATE $- 10,000,000 B EXCESSLIAB ( CLAIMS -MADE CUP-5809B39A-23-25 03/01/2023 03/01/2024 DED I RETENTIONS 10,000 S WORKERS COMPENSATION PER OTN- _ AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE B OFFICER/MEMBER EXCLUDED? ❑N ( N / A UB-3L596342-23-25-R 03/01/2023 03/01/2024 ) $ 1 000 000 _ -- --- - E L. EACH ACCIDENT �- ---- ---- (Mandatory In NH) I E L DISEASE EA EMPLOYEE __ _. A -- YEE--. S 1,000,000 -_...._ If yes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE -POLICY LIMIT S 1,000,000 I i I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) CERTIFICATE HOLDER 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD