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PW CNT 13-17/Vinton 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 Company Date: April 2, 2014 PO Box 1987 Project: Riverside Park Parking Lot Reconstr. Manitowoc, WI 54221-1987 From: Carol Marchant, Adm. Assistant Re: Contract 13-17 Attn: Please find: ® Attached El 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 Fully Executed Copy of Contract 13-17 (original) Riverside Park Parking Lot Reconstruction These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: cc: City Clerk (original) Transportation Dept. (original) Public Works, Engineering (copy) City Attorney (copy) STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT(STIPULATED PRICE) THIS AGREEMENT is by and between City of Oshkosh ("Owner")and Vinton Construction Company ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: City Contract 13-17: Riverside Park Parking Lot Reconstruction ARTICLE 2—THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City Contract 13-17: Riverside Park Parking Lot Reconstruction ARTICLE 3—ENGINEER 3.01 The Project has been designed by AECOM(Engineer),which is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 3.02 The Owner has developed the electrical, communications, and lighting design plans as shown on the Construction Drawings and described in the Specifications. ARTICLE 4—CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work for Phase I will be substantially completed on or before September 1, 2014, and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before December 1,2014. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 1 of 8 4.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed on time.Accordingly,instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty),Contractor shall pay Owner the amount specified in the 2013 Standard Specifications for City of Oshkosh, Wisconsin Section 100.45 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner the amount specified in the 2013 Standard Specifications for City of Oshkosh, Wisconsin Section 100.45 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, 5.01.B, and 5.01.0 below: A. Base Bid, a sum of: $639,016.10 B. Alternate Bid Al of: $ 25,650.00 Total Contract $664,666.10 The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. C. For all Work, at the prices stated in Contractor's Base Bid and Alternate Al Bid, attached hereto as an exhibit. ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 2 of 8 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment approximately every four weeks based on the schedule provided at the Preconstruction Conference during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values,as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages (100.45, 2013 City Standard Specifications), in accordance with Paragraph 14.02 of the General Conditions. a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage. B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 10 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7—INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 1%per month. ARTICLE 8—CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 3 of 8 B. Contractor has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,progress,and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data," and(2)reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data." E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2)the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01. A-E, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other teens and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 1 to 8, inclusive). EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright CO 2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 4 of 8 2. Performance bond(pages 610-1 to 610-3, inclusive). 3. Payment bond(pages 615-1 to 615-3,inclusive). 4. Certificate of insurance (Contractors Insurance with Property Insurance Requirements listing AECOM as additional insured). 5. General Conditions(pages 700-1 to700-68,inclusive). 6. Supplementary Conditions(pages, 800-1, and 810-1 to 810-18,inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of 31 sheets with each sheet bearing the following general title: Contract 13-17,Riverside Park Parking Lot Redevelopment 9. Addenda(numbers 1 to 3,inclusive). 10. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid(pages 1 toll,inclusive). b. Documentation submitted by Contractor prior to Notice of Award Extension of Bid Price Letter Dated September 12,2013 c. Notice of Award(pages 510-1) 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed(pages 550-1, inclusive). b. Work Change Directives. c. Change Orders. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). The Contract documents are complementary; what is required by one is as binding if required by all. 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 with follows it numerically except as may be otherwise specifically stated. A. There are no Contract Documents other than those listed above in this Article 9. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) CoP3right CO 2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 5 of 8 B. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. C. In the event of a conflict between any provision of the above component parts of this Contract and Work Change Directives or Change Orders, the provisions of the most recent Work Change Directive or Change Order shall govern. ARTICLE 10—MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 6 of 8 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or(c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice"means harming or threatening to harm, directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 None EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 7 of 8 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: See Page 8A for Signatures VINTON CONSTRUCTION COMPANY By: By: • Title: VICE-PRESID ' Title: (If Contractor is a corporation, a partnership, or a joint venture,attach evidence of authority to sign.) Attest: Attest: r -< ( teA i _. Title: Title: OFFICE MANAGER Address for giving notices: Address for giving notices: P.O. Box 1987 Manitowoc, WI 54221-1987 License No.: (Where applicable) (If Owner is a corporation,attach evidence NOTE TO USER: Use in those states or other of authority to sign. If Owner is a public body, Jurisdictions where applicable or required. attach evidence of authority to sign and resolution Agent for service of process: or other documents authorizing execution of this Agreement.) EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National Society of Professional Engineers for EJCDC All rights reserved. Page 8 of 8 Signed for and in behalf of the City of Oshkosh on the 31 day of Mo rc l , 2014. /cA7i Mark A. R hloff, City Manager alit a - ARIA . 1 Pamela R. Ubrig, City Cle Tara Wendt, As tant Director of Finance 1=011L A_O ynn A. Lorensoi Attorney I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. 8A DATE(MM/DD/YYYY) AC° CERTIFICATE OF LIABILITY INSURANCE 02/28/2014 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 t certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT d 'O AOn Risk Services Central, Inc. NAME: Green Bay WI Office PHONE No.Ext): (920) 437-7123 FAX No.): (920) 431-6345 M L. 111 N. Washington Street, Suite 300 E-MAIL c P. 0. BOX 23004 ADDRESS: _ Green Bay WI 54305-3004 USA INSURER(S)AFFORDING COVERAGE NAIL# INSURED INSURER A: Zurich American Ins CO 16535 Vinton Construction Company INSURER B: American Guarantee & Liability Ins Co 26247 2705 North Rapids Road P 0 Box 1987 INSURER C: Manitowoc WI 54220 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570053004144 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 INSR -ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD AND POLICY NUMBER (MM/DD/YYYY1 JMM/DDIYYI'Y) LIMITS A X COMMERCIAL GENERAL LIABILITY GLO-5948754-00 03/01/2014 03/01/2015 EACH OCCURRENCE $1,000,000 GENERAL LIABILITY DAMAGE TO RENTED CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) 5300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 4 G—E7N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,006 o I POLICY I X l JECOT- ©LOC PRODUCTS-COMP/OP AGG 52,000,000 OTHER: °o N- A AUTOMOBILE LIABILITY BAP-5948753-00 03/01/2014 03/01/2015 COMBINED SINGLE LIMIT 0 BUSINESS AUTOMOBILE (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) o z ALL OWNED —SCHEDULED BODILY INJURY(Per accident) t0 AUTOS AUTOS NON-OWNED PROPERTY DAMAGE V X HIRED AUTOS X AUTOS (Per accident) t al B X UMBRELLALIAB X OCCUR AUC 5948802-00 03/01/2014 03/01/2015 EACHOCCURRENCE $10,000,000 U — EXCESS LIAB CLAIMS-MADE UMBRELLA AGGREGATE $10,000,000 DED I RETENTION A WORKERS CMPENSATION ONAND WC-5948756-00 03/01/2014 03/01/2015 X(STATUTE I 10TH ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WORKERS COMPENSATION OFFICER/MEMBER EXCLUDED? N N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 N yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000— M• il DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE:CITY CONTRACT: 13-17 – RIVERSIDE PARK PARKING LOT RECONSTRUCTION. ADDITIONAL INSURED ON THE GENERAL LIABILITY AECOM AS .=&e. RESPECTS THE PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT, AS REQUIRED BY WRITTEN CONTRACT. ti— a AR O F__, CERTIFICATE HOLDER CANCELLATION 31 . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF OSHKOSH AUTHORIZED REPRESENTATIVE IFS▪ : PO Box 1130 : OSHKOSH WI 54903 USA 9 d�L M t i ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Executed in Three Copies EJCDC---E. ENGINEERS 0 NT CrONIRACr nCCtJh.7E`r5 C0`A',`:ITTEE..._. PERFORMANCE BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Vinton Construction Company TRAVELERS CASUALTY AND SURETY 2705 North Rapids Road - P.O. Box 1987 COMPANY OF AMERICA Manitowoc, Wisconsin 54221-1987 13935 Bishops Drive - Suite 200 Brookfield, Wisconsin 53005 OWNER(name and address): The City of Oshkosh P.O. Box 1130, Oshkosh, Wisconsin 54903-1130 CONSTRUCTION CONTRACT Effective Date of the Agreement: February 14, 2014 Amount: $664,666.10 Description: City Contract 13-17:Riverside Park Parking Lot Reconstruction BOND Bond Number: 105945456 Date(not earlier than the Effective Date of the Agreement of the Construction Contract): March 21, 2014 Amount: $664,666.10 Modifications to this Bond Form: x None See Paragraph 16 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 COMP ► ;.,ti 'H ,RICA ���o C4I (d,, Contractor's Name and Corporate Seal Surety's Name and Corporate Seal `J ••�.....•. •• By: t Signature Si ture( Mach power attorney) ; Z !— MIc 0 AaC. J . MnPL.Etc Joseph L. Vigna *ti 2 ••,. '� Print Name Print Name %,iO�j'....... ._•,• �\�� V tG� Pat lPEU 1 Attorney-In-Fact Title Title Attest: Attest: -� Signature lgnature ��++ ICON T R."CT A NA to iST(t..KT.1p 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. EJCDC C-610—Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 Performance Bond Contract 13-17: Riverside Park Parking Lot Reconstruction Section No. 00610-1 1. The Contractor and Surety, jointly and severally, bind 5.4 Waive its right to perform and complete, arrange for themselves, their heirs, executors, administrators, successors, and completion, or obtain a new contractor, and with reasonable assigns to the Owner for the performance of the Construction Contract, promptness under the circumstances: which is incorporated herein by reference. 5.4.1 After investigation, determine the amount for 2. If the Contractor performs the Construction Contract,the Surety which it may be liable to the Owner and, as soon as and the Contractor shall have no obligation under this Bond,except practicable after the amount is determined,make payment to when applicable to participate in a conference as provided in the Owner;or Paragraph 3. 5.4.2 Deny liability in whole or in part and notify the 3. If there is no Owner Default under the Construction Contract,the Owner,citing the reasons for denial. Surety's obligation under this Bond shall arise after: 6. If the Surety does not proceed as provided in Paragraph 5 with 3.1 The Owner first provides notice to the Contractor and reasonable promptness,the Surety shall be deemed to be in default on the Surety that the Owner is considering declaring a Contractor this Bond seven days after receipt of an additional written notice from Default. Such notice shall indicate whether the Owner is the Owner to the Surety demanding that the Surety perform its requesting a conference among the Owner,Contractor,and Surety obligations under this Bond,and the Owner shall be entitled to enforce to discuss the Contractor's performance. If the Owner does not any remedy available to the Owner. If the Surety proceeds as provided request a conference, the Surety may, within five (5) business in Paragraph 5.4,and the Owner refuses the payment or the Surety has days after receipt of the Owner's notice, request such a denied liability,in whole or in part,without further notice the Owner conference. If the Surety timely requests a conference,the Owner shall be entitled to enforce any remedy available to the Owner. shall attend. Unless the Owner agrees otherwise,any conference requested under this Paragraph 3.1 shall be held within ten(10) 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3,then business days of the Surety's receipt of the Owner's notice. If the the responsibilities of the Surety to the Owner shall not be greater than Owner,the Contractor,and the Surety agree,the Contractor shall those of the Contractor under the Construction Contract, and the be allowed a reasonable time to perform the Construction responsibilities of the Owner to the Surety shall not be greater than Contract, but such an agreement shall not waive the Owner's those of the Owner under the Construction Contract. Subject to the right,if any,subsequently to declare a Contractor Default; commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated,without duplication for: 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;and 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction 7.2 additional legal, design professional, and delay costs Contract to the Surety or to a contractor selected to perform the resulting from the Contractor's Default, and resulting from the Construction Contract. actions or failure to act of the Surety under Paragraph 5;and 4. Failure on the part of the Owner to comply with the notice 7.3 liquidated damages, or if no liquidated damages are requirement in Paragraph 3.1 shall not constitute a failure to comply specified in the Construction Contract,actual damages caused by with a condition precedent to the Surety's obligations,or release the delayed performance or non-performance of the Contractor. Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 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. 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 9. The Surety shall not be liable to the Owner or others for following actions: obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or 5.1 Arrange for the Contractor, with the consent of the set off on account of any such unrelated obligations. No right of Owner,to perfonn and complete the Construction Contract; action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors,and assigns. 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related 5.3 Obtain bids or negotiated proposals from qualified subcontracts,purchase orders,and other obligations. contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, 11. Any proceeding, legal or equitable, under this Bond may be arrange for a contract to be prepared for execution by the Owner instituted in any court of competent jurisdiction in the location in and a contractor selected with the Owners concurrence, to be which the work or part of the work is located and shall be instituted secured with performance and payment bonds executed by a within two years after a declaration of Contractor Default or within qualified surety equivalent to the bonds issued on the two years after the Contractor ceased working or within two years Construction Contract, and pay to the Owner the amount of after the Surety refuses or fails to perform its obligations under this damages as described in Paragraph 7 in excess of the Balance of Bond,whichever occurs first. If the provisions of this paragraph are the Contract Price incurred by the Owner as a result of the void or prohibited by law, the minimum periods of limitations Contractor Default;or EJCDC C-610—Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 Performance Bond Contract 13-17:Riverside Park Parking Lot Reconstruction Section No. 00610-2 available to sureties as a defense in the jurisdiction of the suit shall be Contract Documents and changes made to the agreement and the applicable. Contract Documents. 12. Notice to the Surety,the Owner,or the Contractor shall be mailed 14.3 Contractor Default:Failure of the Contractor,which has or delivered to the address shown on the page on which their signature not been remedied or waived,to perform or otherwise to comply appears. with a material term of the Construction Contract. 13. When this Bond has been furnished to comply with a statutory or 14.4 Owner Default: Failure of the Owner, which has not other legal requirement in the location where the construction was to been remedied or waived,to pay the Contractor as required under be performed, any provision in this Bond conflicting with said the Construction Contract or to perform and complete or comply statutory or legal requirement shall be deemed deleted herefrom and with the other material terms of the Construction Contract. provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is 14.5 Contract Documents: All the documents that comprise that this Bond shall be construed as a statutory bond and not as a the agreement between the Owner and Contractor. common law bond. 15. If this Bond is issued for an agreement between a contractor and 14. Definitions subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 14.1 Balance of the Contract Price:The total amount payable by the Owner to the Contractor under the Construction Contract 16. Modifications to this Bond are as follows: 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 EJCDC C-610—Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 Performance Bond Contract 13-17:Riverside Park Parking Lot Reconstruction Section No.00610-3 Executed in Three Copies ENGI\EEF,S JOINT CONT:'3RCT DOCUMENTS COMMITTEE PAYMENT BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Vinton Construction Company TRAVELERS CASUALTY AND SURETY 2705 North Rapids Road - P.O. Box 1987 Manitowoc, Wisconsin 54221-1987 COMPANY OF AMERICA 13935 Bishops Drive - Suite 200 Brookfield, Wisconsin 53005 OWNER(name and address): The City of Oshkosh, P.O. Box 1130, Oshkosh, Wisconsin 54903-1130 CONSTRUCTION CONTRACT Effective Date of the Agreement: February 14, 2014 Amount: $664,666.10 Description: City Contract 13-17:Riverside Park Parking Lot Reconstruction BOND Bond Number: 105945456 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): March 21, 2014 Amount: $664,666.10 Modifications to this Bond Form: x None 1 1 See Paragraph 18 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. \\\\\`\`\` 11pllillllpf i// CONTRACTOR AS PRINCIPAL SURETY VINTON CONSTRUCTION COMPANY (seal) TRAVELERS CASUALTY AND SURETY COkAyfea9 A R _ Contractor's Name and Corporate Seal Surety's Name and Corporate Seal - • _= B ./Laaa - -....4tr By: Signature Sig re(a ach power o attorney) v,�,, J�0 ANV _ �itilprHll1111111111\\\\\\\ N11c.14AEL -J• 1-%Aexs Joseph L. Vigna Print Name Print Name V LE 7 QE5 �E U1 Attorney-In-Fact Title Title Attest: c c )cj14\\cs�i .L Attest: - -Signature S gnature 00 hart.AG.T �drrtltm fitbY 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. EJCDC C-615,Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 Payment Bond Contract 13-17: Riverside Park Parking Lot Reconstruction Section No. 00615-1 (2) on which the last labor or service was performed by shall be to include without limitation in the terms of anyone or the last materials or equipment were furnished "labor, materials, or equipment" that part of the by anyone under the Construction Contract, whichever of water, gas, power, light, heat, oil, gasoline, (1)or(2) first occurs. If the provisions of this paragraph telephone service, or rental equipment used in the are void or prohibited by law, the minimum period of Construction Contract, architectural and limitation available to sureties as a defense in the engineering services required for performance of jurisdiction of the suit shall be applicable. the work of the Contractor and the Contractor's subcontractors, and all other items for which a 13. Notice and Claims to the Surety, the Owner, or the mechanic's lien may be asserted in the jurisdiction Contractor shall be mailed or delivered to the address where the labor, materials, or equipment were shown on the page on which their signature appears. furnished. Actual receipt of notice or Claims,however accomplished, shall be sufficient compliance as of the date received. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover 14. When this Bond has been furnished to comply with a page, including all Contract Documents and all statutory or other legal requirement in the location where changes made to the agreement and the Contract the construction was to be performed,any provision in this Documents. Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions 16.4 Owner Default: Failure of the Owner, which has confomiing to such statutory or other legal requirement not been remedied or waived,to pay the Contractor shall be deemed incorporated herein. When so furnished, as required under the Construction Contract or to the intent is that this Bond shall be construed as a statutory perform and complete or comply with the other bond and not as a common law bond. material terms of the Construction Contract. 15. Upon requests by any person or entity appearing to be a 16.5 Contract Documents: All the documents that potential beneficiary of this Bond, the Contractor and comprise the agreement between the Owner and Owner shall promptly furnish a copy of this Bond or shall Contractor. permit a copy to be made. 17. If this Bond is issued for an agreement between a 16. Definitions contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tenn 16.1 Claim: A written statement by the Claimant Owner shall be deemed to be Contractor. including at a minimum: 18.Modifications to this Bond are as follows: 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 brief 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 EJCDC C-615,Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 Payment Bond Contract 13-17:Riverside Park Parking Lot Reconstruction Section No. 00615-3 7. When a Claimant has satisfied the conditions of Paragraph 1. The Contractor and Surety, jointly and severally, bind 5.1 or 5.2, whichever is applicable, the Surety shall themselves, their heirs, executors, administrators, promptly and at the Surety's expense take the following successors, and assigns to the Owner to pay for labor, actions: materials, and equipment furnished for use in the performance of the Construction Contract, which is 7.1 Send an answer to the Claimant,with a copy to the incorporated herein by reference, subject to the following Owner, within sixty (60) days after receipt of the terms. Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are 2. If the Contractor promptly makes payment of all sums due disputed;and to Claimants,and defends,indemnifies,and holds harmless the Owner from claims, demands, liens, or suits by any 7.2 Pay or arrange for payment of any undisputed person or entity seeking payment for labor, materials, or amounts. equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor 7.3 The Surety's failure to discharge its obligations shall have no obligation under this Bond. under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or 3. If there is no Owner Default under the Construction Contractor may have or acquire as to a Claim, Contract, the Surety's obligation to the Owner under this except as to undisputed amounts for which the Bond shall arise after the Owner has promptly notified the Surety and Claimant have reached agreement. If, Contractor and the Surety (at the address described in however, the Surety fails to discharge its Paragraph 13)of claims,demands,liens,or suits against the obligations under Paragraph 7.1 or 7.2, the Surety Owner or the Owner's property by any person or entity shall indemnify the Claimant for the reasonable seeking payment for labor, materials, or equipment attorney's fees the Claimant incurs thereafter to furnished for use in the performance of the Construction recover any sums found to be due and owing to the Contract, and tendered defense of such claims, demands, Claimant. liens,or suits to the Contractor and the Surety. 8. The Surety's total obligation shall not exceed the amount of 4. When the Owner has satisfied the conditions in Paragraph this Bond, plus the amount of reasonable attorney's fees 3, the Surety shall promptly and at the Surety's expense provided under Paragraph 7.3,and the amount of this Bond defend,indemnify, and hold harmless the Owner against a shall be credited for any payments made in good faith by duly tendered claim,demand,lien,or suit. the Surety. 5. The Surety's obligations to a Claimant under this Bond 9. Amounts owed by the Owner to the Contractor under the shall arise after the following: Construction Contract shall be used for the perfonnance of the Construction Contract and to satisfy claims, if any, 5.1 Claimants who do not have a direct contract with under any construction performance bond. By the the Contractor, Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the 5.1.1 have furnished a written notice of non- performance of the Construction Contract are dedicated to payment to the Contractor, stating with satisfy obligations of the Contractor and Surety under this substantial accuracy the amount claimed Bond, subject to the Owner's priority to use the funds for and the name of the party to whom the the completion of the work. materials were, or equipment was, furnished or supplied or for whom the 10. The Surety shall not be liable to the Owner, Claimants,or labor was done or performed,within ninety others for obligations of the Contractor that are unrelated to (90)days after having last performed labor the Construction Contract. The Owner shall not be liable or last furnished materials or equipment for the payment of any costs or expenses of any Claimant included in the Claim;and under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of 5.1.2 have sent a Claim to the Surety (at the Claimants, or otherwise have any obligations to Claimants address described in Paragraph 13). under this Bond. 5.2 Claimants who are employed by or have a direct 11. The Surety hereby waives notice of any change,including contract with the Contractor have sent a Claim to changes of time,to the Construction Contract or to related the Surety (at the address described in Paragraph subcontracts,purchase orders,and other obligations. 13). 12. No suit or action shall be commenced by a Claimant under 6. If a notice of non-payment required by Paragraph 5.1.1 is this Bond other than in a court of competent jurisdiction in given by the Owner to the Contractor, that is sufficient to the state in which the project that is the subject of the satisfy a Claimant's obligation to furnish a written notice of Construction Contract is located or after the expiration of non-payment under Paragraph 5.1.1. 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 EJCDC C-615,Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 Payment Bond Contract 13-17: Riverside Park Parking Lot Reconstruction Section No. 00615-2 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER . ■ 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. 00 5575 8 7 9 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, 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 are corporations duly organized under the laws of the State of Connecticut, 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 Wisconsin ,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 25th day of July 2013 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 C/,SU.0 1'11 Y,1 FINE�Miu fN�� ...,+r..r. yw��Y ,rt (�' M iN J 6,,,, Q\*......:rG•y JJp�......�qy°•. Jp Tv ANQS DSYRfTY FY'Y'VYO your ♦ '' Q..:` 7 f V ._'I•', '' L .� �g .��•U, 5 V C1 d1�a1 TED m "..t° PwR"i. 14I APORAT'.0-- m R O� 6 Fo 1982 0 1977 4, s 'c�; _._ g 4q��� (� i f .n: a HARTFCFiD s K4R'tF0 <S se i c^.FCt'C''- D I 1951 ' f . f&� �'•SEALTon; It;¢¢ a o, çcoN ) N. N 896� ?,:s ' '� �Y!AM t State of Connecticut By: *t.:41017;� City of Hartford ss. Robert L.Raney, enior Vice President On this the 25th day of July 2013 ,before me personally appeared Robert L.Raney,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. (TWI In Witness Whereof,I hereunto set my hand and official seal. �VV w� l. . My Commission expires the 30th day of June,2016. * * `Marie C.Tetreault.Notary Public CV 58440-8-12 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,Kevin E.Hughes,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 !..!_S` day of " 1 a ,20 I7" Kevin E.Hughes,Assistant Sec -tary 4. o AN '°"44 E in s Y T F�p,J! ?`��t o:'•..... d0 s +si p, 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