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HomeMy WebLinkAboutWaterworkds Contract 23-17 Vinton ConstructionDocuSign Envelope ID: 7CCBBB6B-ABD9-491A-AAD5-OF49579D44A4 CONSTRUCTION CONTRACT THIS CONTRACT, made on the 23rd day of August, 2023, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and VINTON CONSTRUCTION COMPANY, 1322 33rd Street, Two Rivers, WI 54221, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the Specifications for the Project entitled or described as follows: Public Works Contract No. 23-17 for East Parkway Avenue Watershed Detention Basin — Construction, in the City of Oshkosh, for the Department of Public Works, pursuant to Resolution No. 23-420 adopted by the Common Council of the City of Oshkosh on the 22nd day of August, 2023, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE VII. of this CONTRACT. ARTICLE II. TIME OF COMPLETION The work to be performed under this CONTRACT shall be commenced and the work completed within the time limits specified in the Special Conditions and/or CONTRACTOR's Proposal. ARTICLE III. PAYMENT (a) The CONTRACT Sum. The CITY shall pay to the CONTRACTOR for the performance of the CONTRACT the sum of One Million One Hundred Eighty Three Thousand Three Hundred Sixty One Dollars and Seventy Five Cents ($1,183,361.75), adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price" basis, the above -mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the CONTRACT the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's Proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the CONTRACT. (b) Progress Payments. In the event the time necessary to complete this CONTRACT is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. \ \OSHKOSH06\ Departments\ Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-17 E Page 1 of 3 Parkway Det Basin\ Project_Information\Contract Info\Contractor-Consultant Agreements\ Vinton \23- 17 Vinton Construction Contract 8-23-23.docx DocuSign Envelope ID: 7CCBBB6B-A8D9-491A-AAD5-OF49579D44A4 ARTICLE IV. STANDARD PROVISIONS The CONTRACTOR agrees in all hiring or employment made possible by or resulting from this CONTRACT, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE V. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY 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, their agents or assigns, their employees, or their subcontractors related however remotely to the performance of this CONTRACT or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE VI. INSURANCE The Insurance required by the CITY as specified in the CITY's Specifications, including Addenda, or Plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self- insurance maintained by the CITY, its officers, council members, agents, employees, or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. 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 this CONTRACT, or the Specifications, whichever is longer. ARTICLE VII. 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. This Instrument 2. The CITY's Plans and Specifications, including all Addenda's 3. Current edition of the Standard Specifications for City of Oshkosh, Wisconsin 4. Instructions to Bidders 5. Advertisement for Bids 6. CONTRACTOR's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the ENGINEER before proceeding with any work affected thereby. \ \ OSHKOSH06 \ Departments \ Engineering \ 2021 - 2030 Contracts \ 2023 CONTRACTS\ 23-17 E Page 2 of 3 parkway Det Basin\ Project_Information\Contract Info\Contractor-Consultant Agreements\Vinton \23- 17 Vinton Construction Contract 8-23-23.docx DocuSign Envelope ID: 7CCBBB6B-ABD9-491A-AAD5-OF49579D44A4 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. IT IS HEREBY DECLARED, UNDERSTOOD, AND AGREED that the word "CONTRACTOR" wherever used in this CONTRACT means the party of the second part and its/his/her/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this CONTRACT to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said CITY, and the party of the second part hereunto set its, his/her, or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR (Seal of CONTRACTOR if a Corporation) DocuSigned by: By: �ci�'���40R71aples President By: (Specify Title) CITY OF OSHKOSH DocuSigned by: By: (Witness) INFJM'�E'IShloff, City Manager DocuSigned by: r, And:_ (Witness) V7 Martlett, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which DocuSigned by: will accrue under this CONTRACT. Af- dffiey DocuSigned by: °�?i�I4t`�roller \ \ OSHKOSH06 \ Departments \ Engineering \ 2021 - 2030 Contracts \ 2023 CONTRACTS\23-17 E Page 3 of 3 Parkway Det Basin\ Project_Information\Contract Info\Contractor-Consultant Agreements\ Vinton\23- 17 Vinton Construction Contract 8-23-23.docx RECEIVM PAYMENT BOND Contract Number 23-17 AUG 31 2023 CITY OF OSHKOSH )EPT E# PUBI-1 ' 3MORTC..9 OSHKOSH, WISCONSIN Date Bond Executed (Date of Contract or Later) August 23, 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 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 Bond Number: 107855829 Type of Organization ®Individual Partnership ✓ Corporation State of Incorporation Wisconsin Penal Sum of Bond $1,183,361.75 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. Page 1 of 2 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, e-mail, 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, e-mail, 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 Name of Surety Title MICHAELL,l PRESIDENT III If If UCT GORP 0 Rq p cri 0 ? SEAL : z 7 • `` 'rr �♦ �SCONSR�. ��� AYWeidner, Attorney -in -Fact Page 2 of 2 Travelers Casualty and Surety Company of America AIM 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. M �!%A�WEil.� +JP�(Y AA'O aG O7(�7NJKrfd�i tcom i HARTFORD, CONK c 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTANY �t My Commission expires the 30th day of June, 2021 * ++�► P~s''~ Anna P. Nowik, Notary Public lb 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 23rd day of August , 2023 �1yp 5ju�� S,'��T AryO. NANffORD, S _ � O � Sri ,4�f 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 a:fached, RECEW `W. AUG 3 1 2023 PERFORMANCE BOND CITY OF OSHKOSH DEPT OF PUBLIC WORKS ostfrcOsl I, WISCONcna Contract Number 23-17 Date Bond Executed (Date of Contract or Later) August 23, 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 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 Bond Number: 107855829 Type of Organization Individual ❑Partnership ✓ Corporation State of Incorporation Wisconsin Penal Sum of Bond $1,183,361.75 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: 1. 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 Page 1 of 3 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; 2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and 3. 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: 1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 3. 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. 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or 5. 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) 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, e-mail, 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, e-mail 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. Page 2 of 3 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 Travelers Casualty and Surety Company of America Name of Principal/Contractor Name of Surety NIC°op�gfZ � UCT�O,L'' cjl / Title MICHAEJ.Ir� PRESIDENT iJ..LL S LU ' rTit1E ' 0 A. Weidner, Attorney -in -Fact Page 3 of 3 Travelers Casualty and Surety Company of America TRAVELERS St. Casualty and Surety Company 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. ny�� a�p%3YA,y, HARTrORD, 9 w t co".CONK COM'01 �eOf� State of Connecticut City of Hartford ss. By: dod 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. iPNO IN WITNESS WHEREOF, I hereunto set my hand and official seal.' �6� NOTARY My Commission expires the 30th day of June, 2021 * Ns *' PUU10 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 23rd day of August , 2023 gg�I���Y `J��tY ANO J s07'• o NARTFOFW, OMVruR ccwv. coNN g to (� Kevin E. Hughes, Assistant 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 oi'Attoi ne y is attached. A`aR" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) E(MMI DIY 023 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 M3 Insurance Solutions, Inc. I. ItECF.IVhis 1872 Mid Valley Drive De Pere WI 54115 { CONTACT NAME: Tiffanie Courtne acNry Ext:920-455-7102 ac No: E-MAIL ADDRESS: tiffanie.courtney@m3ins.com INSURERS AFFORDING COVERAGE NAIC # AUG 3 Z��� INSURERA: Starr Indemnity and Liability 38318 INSURED VINTCON-01 Vinton Construction Company ]DEPT OF PUBLIC WORKS 1322 33rd Street OSHKOSH, WISCONSIN INSURER B: West Bend Mutual Insurance COm 15350 INSURER C : Westchester Surplus Lines INSURER D : PO Box 137 Two Rivers WI 54241 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:1232503691 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 LTR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY A855300 3/1/2023 3/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR DAMAGE S(RENTED PREMISES Ea occurrence) ccurrence)$ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY [K PECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY A855300 3/1/2023 3/1/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAR X OCCUR A855300 3/1/2023 3/1/2024 EACH OCCURRENCE $ 12,000,000 AGGREGATE $ 12,000,000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBEREXCLUDED7 N /A A876677 3/1/2023 3/1/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment ITC100065162522 3/1/2023 3/1/2024 Leased/Rented 665,000 C Pollution Liability G28414420 003 3/1/2023 3/1/2024 Each Claim Aggregate 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Blanket Builder's Risk AOP - $7,600,000 Limit. $2,500 Deductible Earthquake - $5,000,000 Limit. $25,000 Deductible Flood - $5,000,000 Limit. $25,000 Deductible Project: Public Works Contract No. 23-17 East Parkway Avenue Watershed Detention Basin — Construction City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are included as Additional Insured on the General Liability, Auto & Umbrella Policies per the policy forms, conditions and exclusions. See Attached... GtK I It-IUA l t HULLII GANGtLLA I IUN City Of Oshkosh 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE J�tl.(1 lQ �3:3W 1i�� U 19BB-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: VINTCON-01 LOC #: ACO DDR ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED M3 Insurance Solutions, Inc. Vinton Construction Company 1322 33rd Street PO Box 137 POLICY NUMBER Two Rivers WI 54241 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE 130 Day Notice of Cancellation is included. AL,UKU lUl (ZUUt$/Ul) (02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The Other Insurance of Section IV — Conditions is deleted and replaced by: 5. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to ei- ther: (1) Other insurance that is specifically written as excess over this Coverage Part; or (2) Other insurance available to an additional insured, as described in paragraph 3. of Section 11 of this Coverage Part, provided that: (a) The additional insured is a Named In- sured under such insurance; (b) You have agreed in a written contract or written agreement with the additional in- sured that such other insurance is in- tended to be either excess of this insur- ance or excess and non-contributory with this insurance; (c) The most we will pay on behalf of the additional insured will be the amount of insurance: (ii) Available under the applicable Limits of Insurance shown in the Declara- tions of this policy and described in Section III - Limits of Insurance; whichever is less; and (d) The "bodily injury" or "property damage" takes place after the written contract or written agreement is signed by all par- ties, or as respects "personal and adver- tising injury", the offense takes place af- ter the written contract or written agree- ment is signed by all parties. b. When this insurance is excess, we will have no duty under Coverages A or B to defend the in- sured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. c. When this insurance is excess over other in- surance, we will pay only our share of the "ul- timate net loss" that exceeds the sum of: (1) The total amount that all such other insur- ance would pay for the loss in the absence of the insurance provided under this Cover- age Part; and (i) Required in the written contract or (2) The total of all deductible and self -insured written agreement, less any amounts amounts under all that other insurance. , payable by any "underlying insur- ance"; p This endorsement shall not increase the applicable or Limits of Insurance show in the Declarations of this policy. West Bend Mutual Insurance Company West Bend, Wisconsin 53095 WB 1787 01 18 Contains material copyrighted by ISO, with its permission. Page 1 of 1 POLICY NUMBER: A855300 COMMERCIAL AUTO CA2048Z1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Vinton Construction Company Endorsement Effective Date: SCHEDULE Name of Person(s) or Organization(s): Any party for whom the insured is required to provide designated insured status. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Each person or organization shown in the Sched- ule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Cover- age in the Business Auto and Motor Carrier Cov- erage Forms and Paragraph D.2. of Section I Covered Autos Coverages of the Auto Dealers Coverage Form. B. The following is added to the Other Insurance Condition in the Business Auto and Auto Dealers Coverage Forms and the Other Insurance — Pri- mary And Excess Insurance Provisions in the Mo- tor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribu- tion from any other insurance available to an "in- sured" shown in the schedule provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be prima- ry and would not seek contribution from any other insurance available to such "insured". West Bend Mutual Insurance Company West Bend, Wisconsin 53095 Contains material copyrighted by ISO, with its permission. CA 20 48 Z 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FiDDITIONAL INSURED - CONTRACTOR'S BLANKET ' •FORM) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended 3. Except when required by written contract or to include as an additional insured any person or written agreement, the coverage provided to organization whom you are required to add as an the additional insured by this endorsement additional insured on this policy under a written does not apply to: contract or written agreement. a. "Bodily injury" or "property damage" oc- The written contract or written agreement must curring after: be: (1) All work on the project (other than 1. Currently in effect or becoming effective dur- service, maintenance or repairs) to be ing the term of this policy; and performed by or on behalf of the addi- 2. Executed prior to the "bodily injury," "property tional insured at the site of the covered damage," "personal injury and advertising in- operations has been completed; or jury." (2) That portion of "your work" out of B. The insurance provided to the additional insured which the injury or damage arises has is limited as follows: been put to its intended use by any 1. That person or organization is only an addi- person or organization other than an- other contractor or subcontractor en- tional insured with respect to liability arising gaged in performing operations for a out of: principal as part of the same project. a. Your premises; b. "Bodily injury" or "property damage" aris- b. "Your work" for that additional insured; or ing out of acts or omissions of the addi- c. Acts or omissions of the additional insured tional insured other than in connection in connection with the general supervision with the general supervision of "your of "your work." work." 2. The Limits of Insurance applicable to the 4. The insurance provided to the additional additional insured are those specified in the insured does not apply to "bodily injury," "property written contract or written agreement or in the damage," "personal injury and ad - Declarations for this policy, whichever is less. vertising injury" arising out of an architect's, These Limits of Insurance are inclusive and engineers, or surveyors rendering of or fail - not in addition to the Limits of Insurance ure to render any professional services in- shown in the Declarations. c lu luding; a. The .preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; and b. Supervisory, or inspection activities per- formed as part of any related architectural or engineering activities. WB 1482 Z 06 06 West Bend Mutual Insurance Company Page 1 of 2 West Bend, Wisconsin 53095 C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS is amended with the addition of the fol- lowing: 4. Other insurance b. Excess insurance This insurance is excess over: Any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract spe- cifically requires that this insurance be ei- ther primary or primary and noncontrib- uting. Where required by written contract, we will consider any other insurance maintained by the additional insured for injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this insurance. When this insurance is excess, as a con- dition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or suit to all other insurers that may provide coverage to the additional insured, whether on a contingent, excess or primary basis. Page 2 of 2 West Bend Mutual Insurance Company WB 1482 Z 06 06 West Bend, Wisconsin 53095