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HomeMy WebLinkAboutPW CNT 11-03 Vnton Construction CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5115 FAX(920)236-5106 LETTER OF TRANSMITTAL To: Vinton Construction Date: August 8, 2011 2705 N. Rapids Rd. Project: Sanitary Sewer Construction Manitowoc, WI 54221 From: Carol Marchant, Adm. Assistant Re: Contract 11-03 Attn: Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Signed Construction Contract— City Contract 11-03 Sanitary Sewer Construction on Hazel Street &Alley West of S. Main Street These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Signed: ,)s64.12— cc: ✓City Clerk (original) Public Works, Engineering (original) File Copy (copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 14th day of July, 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and VINTON CONSTRUCTION, CO., 2705 N. Rapids Road, Manitowoc, 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. 11-03 for Sanitary Sewer Construction on Hazel Street &Alley West of South Main Street, for the Public Works Department, pursuant to Resolution 11-308 adopted by the Common Council of the City of Oshkosh on the 13th day of July, 2011, all in accordance and in strict compliance with the Contractor's proposal and the other contract documents referred to in ARTICLE V 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 General 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 $799,974.70, adjusted by any changes as provided in the General Conditions, 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. 1 (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 General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or 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 V. INSURANCE The Insurance required by the City of Oshkosh 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 of Oshkosh, 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, the specifications, whichever is longer. ARTICLE VI. 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 Approved Plans 3. Specifications, including any addenda 4. City of Oshkosh Standard Specifications 5. Instructions to Bidders 6. Advertisement for Bids 7. 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 2 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. 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/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 or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR VINTON CONSTRUCTION COMPANY ,2 By: (j PAas 'E.v1 (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY e •SHKOSH By W.f. - `►� i Ct L Gt %.Gd�2-. �7 �� . =•h loll, � �"w►"'+ , , /' R nT (Witness) d _j�ff /YU Fi T L '': a And: (W • ess) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. ►.1. _ X11,! At rney City Com. •I -r 3 Executed in Three Copies SECTION 00600 PERFORMANCE BOND CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): Vinton Construction Company TRAVELERS CASUALTY AND SURETY COMPANY OF AMERIC 2705 North Rapids Road-P.O. Box 1987 13935 Bishops Drive - Suite 200 Manitowoc, Wisconsin 54221-1987 Brookfield, Wisconsin 53005 OWNER (Name and Address): The City of Oshkosh 215 Church Avenue-P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 CONSTRUCTION CONTRACT Effective Date of Agreement: July 14, 2011 Amount: $799,974.70 Description (Name and Location): Public Works Contract No. 11-03 - Sanitary Sewer Construction on Hazel Street & Alley West of South Main S rE BOND Bond Number: 105621453 Jul 25, 2011 Date (Not earlier than Effective Date of Agreement of the Construction Contract): July Amount: $799,974.70 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY VINTON CONSTRUCTION COMPANY (Seal) TRAVELERS CASUALTY AND SURETY COMPANY ($ba'IIERICA Contractor's Name and Corporate Seal - Surety's Name and Corporate Seal � } By: 4 �4 By: ignature r y Si• ure(' ac'fi'Power Attorney) `7ir4:s �j` A4A J Joseph L. Vigna Print Name "y Print Name PRos./a0.- j Attorney-In-Fact Title Titl .....749 r �� . Attest: Signature ignature O)-/=/c a /4•1/Ii4-•4•GS/C. Witness Title Title Notes: (1)Provide supplemental execution by any additional parties, such as joint venturers. (2)Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. Section 00600-1 1382.031/11-03 1. The Contract or and Surety, bind themselves, their heirs, executors, administrators, tY� jointly and severally, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the. Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 • The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Section.00600-2 1382.031/11-03 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated,without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11.Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the - - provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Section 00600-3 1382.031/11-03 i Executed in Three Copies SECTION 00600 PAYMENT BOND CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): Vinton Construction Company TRAVELERS CASUALTY AND SURETY COMPANY OF AMER CA 2705 North Rapids Road-P.O. Box 1987 13935 Bishops Drive - Suite 200 Manitowoc, Wisconsin 54221-1987 Brookfield, Wisconsin 53005 OWNER (Name and Address): The City of Oshkosh 215 Church Avenue-P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 CONSTRUCTION CONTRACT Effective Date of Agreement: July 14, 2011 Amount: $799,974.70 Description (Name and Location): Public Works Contract No. 11-03 - Sanitary Sewer Construction on Hazel Street & Alley West of South Main `tr BOND Bond Number: 105621453 Date (Not earlier than Effective Date of Agreement of the Construction Contract): July 25, 2011 Amount: $799,974.70 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY VINTON CONSTRUCTION COMPANY (Seal) TRAVELERS CASUALTY AND SURETY COMPAlfta0F AMERICA Con actors Name and Corporate Seal Surety's Name and Corporate Seal By: rr. 1 By: '.i g natur= Si• ture,Attach Po of Attorney) .,4yS .7 AA/GAS Joseph L. Vigna Print Name Print Name e , .r .- Attorney-In-Fact Title Titl Attest: Attest: Signature ignature ®/'/Y Aogir A.A7 00- Witness Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2)Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. Section 00600-4 1302.031/11-03 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety(at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a - Claim to the Surety(at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty.(60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10.The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. Section 00600-5 1352.031111-D3 11.The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or(2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Contra for and Owner/shall promptly furnish ppa copy of this Bond or shall permit beneficiary copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; 4. A bnef description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any.individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of"labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractors subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Section 00600-6 13B2.031/11-03 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER /OW POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 219817 Certificate No. 0 0 3 8 0 5 7 2 8 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Elizabeth M. Fedyn,Joseph L.Vigna, Dennis M.Barton, Daniel G.Johnson,and Michael T. Burg of the City of Brookfield ,State of Wicrnnsin •their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,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 12th day of May 2009 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 1`t 11:,, FIRE 4 �N INf '�1 1N3V '4 ,cry A:yG ryEYAfI6 egY p�SVA :. v , -.......G P q9` e`F s a� y= a"P:''4 '‘CI +y' �a. .� a�M11141-�9 ,t,),.!:,!! RGOR F� pPORAT'!`: wP J WIRtF6RD. O 6 J� T MCIII IKTED m r° AT'm ,P:� F i a 9� s 1977 g 1951 N r I f` • ^i a HARTFORD a 1896 bF n J'. o: CONK 8 N NNE,. E �1! ��.SEALzoI l\:::.....ES8ALi3 ',. %._ y`y. I.. ! ti4' 9 41A CE c `as�.A f .........Taa syt �Paa . ,�` MI , 0 r,*AI State of Connecticut By: - City of Hartford ss. Georg: Thompson,"ice President On this the 12th day of May 2009 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty 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 the corporations by himself as a duly authorized officer. "TAR TET In Witness Whereof,I hereunto set my hand and official seal. w My Commission expires the 30th day of June,2011. 0 PUBLAG * Marie C.Tetreault,Notary Public OICI 58440-4-09 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty 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,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty 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 is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of J4,17 ,20 /1. Kori M.Johans Assistant Secretary • 1'•l',,y F1Rr6 *N �kz ,'.w�ryg "'.,, „TYA OP'POg1 A r 1 .9 J ...........9 J y 17a&WFry ell" Q ♦ J ^C � _� Q' RPO `1 4. (� E �+ T CRATED O ,„" �� v•'co Pet w e aj g 1^� m � Ri°Rq t g 2 1982 ; 7c �7 � �. t4•� m: Zi .t�: W1RTfCRD •Y - � < Sa ,_ )044 O'1951 ti z �� -.jtSE �+ o CONN. ° s' n 1996 o. AL,,f �;;3EALj3 c�� � b D � .. y'�ANC 'I js.......:� bf Na+ ‘kit.) A1� To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I DATE(MM/DD/YYYY) A °® CERTIFICATE OF LIABILITY INSURANCE 07/27/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. _ .: IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to - the terms and conditions of.the policy,certain policies may,require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). m CONTACT - .. .. �_ PRODUCER _. _. _. .:. ._.... NAME: Aon Risk Services Central, Inc. ' PHONE (920) 437-7123 I FAX X (920) 431-6345 0) (NC.No.Ext): - INC.No.): .. 'a Green Bay Washi Office E-MAIL O 111 N.Box 230gton Street, Suite 300 ADDRESS: X P. 0. Box 23004 Green Bay WI 5 430 5-3004 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: National Fire Ins. Co. of Hartford 20478 INSURED vinton Construction Company srsuRERe: Continental Casualty Company 20443 2705 North Rapids Road INSURER C: valley Forge Insurance Co 20508 P 0 Box 1987 Manitowoc WI 54220 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570043355726 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. Limits shown are as requested ADD(:SUN( POLICY tFh POLICY EXP LIMITS INSRH POLICY NUMBER (MhypDIYYYY) (MMIDD/YYYY) TYPE OF INSURANCE WSR.YVVD 01/01/1011 01/01/2012 A GENERALLIABILnY U 2064526753 EACH OCCURRENCE 51,000,000 _ GENERAL LIABILITY DAMAGE 10 RENTED 5100,000 X COMMERCIAL GENERAL LUIBILITY PREMISES(!:a occurrence) MED EXP(Any one person) $5,000 CLAIMS-MADE ©OCCUR PERSONAL&ADV INJURY $1,000,000 N N. X AGGREGATE PER PROJ GENERAL AGGREGATE - 52,000,000 0 in X CONTRACTUAL LIABILITY PRODUCTS-COMP/OP AGG $2$2,000,000 000,000 in GENL AGGREGATE LIMIT APPLIES PER: - - — . .-1 POLICY I —'JET FIX LOC B -U 2064526560 01/01/2011 01/01/2012'COMBINED SINGLE LIMIT: $1,000,000 AUTOMOBILE LIABILITY (Ea accident) BUSINESS AUTOMOBILE X-ANY AUTO BODILY INJURY(Per person) O Z — ALL OWNED —SCHEDULED BODILY INJURY(Per accident) N, _ AUTOS AUTOS PROPERTY DAMAGE re X HIRED AUTOS X NON-OWNED (Per accident) t0 —AUTOS F — o u 2079989443 01/01/2011 01/01/2012 EACH OCCURRENCE $6,000,000 t) B X UMBRELLALUI6 X OCCUR UMBRELLA 56,000+000• _ AGGREGATE EXCESS LUU3 CLAIMS-MADE DEDj (RETENTION _ C WORKERS COMPENSATION AND WC 2 64526574 01/01/2011 01/01/2012 X I TORY NAT MITT I IERH. EMPLOYERS'LIABILITY YIN WORKERS COMPENSATION E.L.EACH ACCIDENT 5100,000 ANY PROPRIETOR/PARTNER!EXECUTIVE ID OFFICER/MEMBER EXCLUDED? N/A E.L.DISEASE-EA EMPLOYEE $100,000 (Mandatory In NH) K es.describe under E.L.DISEASE-POLICY LIMIT 5500,000= DESCRIPTION OF OPERATIONS below MI a DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101.Additional Remarks Schedule,H more space Is required) RE: PUBLIC WORKS CONTRACT NO. 11-03. THE CITY OF OSHKOSH AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED ^ VOLUNTEERS AS ADDITIONAL INSURED. IX-. =._s s : CERTIFICATE HOLDER CANCELLATION Si SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. rw�m— ell- CITY OF OSHKOSH AUTHORIZED REPRESENTATIVE '- 215 CHURCH STREET Or P.O. SHx 1130 `'� �J r Q �r OSHKOSH WI 54903-1103 USA J dltsaG cJ MI ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD