HomeMy WebLinkAboutPW Cont No 15-23 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 Co Date: April 8, 2015
PO Box 1987 Pro�ect: Contract 15-23
Manitowoc, WI 54221-1987 From: Carol Marchant, Admin. Assistant
Re: Parking Lots &Water Main Extension
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
Quantit Description
1 Si ned Contract No. 15-23: Boat Works Riverwalk Parkin Lot and Riverside
Park Parkin Lot Phase II Im rovements and Boat Works Riverwalk Water
Main Extension
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
cc: City Clerk (original)
Public Works, Engineering (original)
City Attorney (copy)
AECOM (email 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 speci�ed or indicated in the Contract Documents. The Work is
generally described as follows:
Contract 15-23: Boat Works Riverwalk Parking Lot and Riverside Park Parking Lot Phase II
Improvements and Boat Works Riverwalk Water Main Extension, Common Council Resolution
Number 15-160
Comprised of:
Riverside Park Parking Lot Phase II —Work Unit A
Boat Works Riverwalk Parking Lot—Work Unit B
Boat Works Riverwalk Water Main Extension—Work Unit C
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 15-23: Work Unit A, B and Alternates 61 and Work Unit C
ARTICLE 3—ENGINEER
3.01 The Project has been designed by AECOM (Engineer) for Work Unit A and B and the City of Oshkosh for
Work Unit C, AECOM 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 for Work Unit A and B and The City shall 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 for Work Unit C in accordance with the
Contract Documents.
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
Substantia/Completion in accordance with Paraaraph 14.04 of the Genera/Conditions
A. Work Unit A
E.TCDC C-520 Suggested Form otAgreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright�2007 National Society of Professional Engineers for E.TCDC.All rights reserved.
Page 1 of 7
1. June 9,�2015
B. Work Unit B and C
1. October 15, 2015
Final Completion and Pavment in accordance with Paraaraqh 14.07 of the General Conditions
C. Work Unit A
1. June 30,�2015
D. Work Unit B and C
1. October 30, 2015
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 per 2015 Sfandard 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 per 2015 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- E,
below:
A. Riverside Park Parking Lot Phase II—Work Unit A, Base Bid
1. Bid Sum, a sum of: $673.994.55
B. Boat Works Parking Lot—Work Unit B, Base Bid
1. Bid Sum, a sum of: $287.661.00
C. Boat Works Parking Lot—Work Unit B, Alternate 61, a sum of <-$.10,000>
D. Boat Works Riverwalk Water Main—Work Unit C Bid Sum, a sum of: $118.193.51
Total Contract Amount $1.069.849.06
E.TCDC C-520 Suggested Form of Agreement Between Owner and Contractor for ConstrucHon Contract(SHpulated Price)
Copyright�2007 National Society of Professional Engineers for EJCDC.All rights reserved.
Page 2 of 7
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.
E. For all Work, at the prices stated in Contractor's 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.
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, 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; and
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.
EJCDC G520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(SHpulated Price)
Copyright�2007 National Society of Professional Engineers for EJCDC.All rights reserved.
Page 3 of 7
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.
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 pertormance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurtace 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 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 4.06 of
the Supplementary Conditions as containing reliable "technical data and information provided in the
Addenda.."
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.E above, 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 terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be pertormed 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 7, inclusive).
2. Performance bond (pages 610-1 to 610-3, inclusive).
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 8 2007 National Society of Professional Engineers for E.ICDC.All rights reserved.
Page 4 of 7
3. Payment bond (pages 615-1 to 615-3, inclusive).
4. Certificate of Insurance (Contractors Insurance with Property Insurance Requirements List AECOM
as additional insured)
5. General Conditions(pages 700-1 to 700-63, inclusive).
6. Supplementary Conditions(pages 800-1 and 810-1 to 810-14, inclusive).
7. Addenda(numbers 1 to 4, inclusive).
8. Specifications as listed in the tabie of contents of the Project Manual.
9. Drawings consisting of Work Unit A sheets 1-21, inclusive, Work Unit B, sheets 1-20, inclusive, and
Work Unit C sheets, 1-4, inclusive.
10. Exhibits to this Agreement(enumerated as follows):
a. Contractor's Bid (pages 1 to 3 inclusive).
b. Documentation submitted by Contractor prior to Notice of Award—NA.
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 (page 550-1, inclusive).
b. Work Change Directives.
c. Change Orders.
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.
B. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph
3.04 of the General Conditions.
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
EJCDC G520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyright 0 2007 NaGonal Society of Professional Engineers for E.ICDC.All rights reserved.
Page 5 of 7
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 anything of value likely to
influence the action of a public official in the bidding process or in the Contract execution;
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 finro 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
E.TCDC C-520 Suggested Form of Agreement Between Owner and Contractor for ConstrucNon Contract(SHpulated Price)
Copyright 8 2007 National Society of Professional Engineers for EJCDC.All rights reserved.
Page 6 of 7
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.
3/25/15
This Agreement will be effective on (which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
City Of Oshkosh Vinton Construction Companv
By: By: -��
�; ��ichael T les
Title: C- � �-!��C /� C,�e � Title: Vice-President
(If Contractor is a corporation, a partnership, or a
�___.__�
joint venture, attach evidence of authority to sign.)
Attest: � � ;� r Attest: �j�,S��..�a�j1'�o•��,
Tltle: L� , 7` �/ �/f I�l� Tltle: (;nn r� t Manager
Address for giving notices:
P 0 Box 1987
offo�}. �`�'(�� �`�j('�Jl;��� Mani Ynwn� G1T 54221
Title: �1+'��r1Ce al'�e�'�d�'�- License No.: N/A
(Where applicable)
NOTE TO USER: Use in those states or other
,
jurisdictions where applicable or required.
Agent for service of process:
Attest: ' �
�� ;�,�- ��.
Title: f � :.;� - �� C ��,
EJCDC G520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price)
Copyrig6t�2007 National Society of Professional Engineers for E,TCDC.All rights reserved.
Page 7 of 7
Executed in Three Copies
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`J'.� ' `�:''3'"'" PERFORMANCE BOND
CONTRACTOR (name and address): SURETY (name and address ofprincipal place of
Vinton Construction Company business):
2705 North Rapids Road TRAVELERS CASUALTY AND SURETY
P.O. Box 1987 COMPANY OF AMERICA
Manitowoc, Wisconsin 54221-1987 13935 Bishops Drive — Suite 200
OWNER (name and address): Brookf ield, Wisconsin 53005
The City of Oshkosh
P.O. Box 1130
Oshkosh, Wisconsin 54903-1130
CONSTRUCTION CONTRACT
Effective Date of the Agreement: March 25, 2015 Amount: $1,069,849.06
Description: City Contract 15-23— Boat Works Riverwalk Parking Lot and Riverside Park Parking Lot
Phase II Improvements
BOND
Bond Number: 106099410
Date (not earlier than the Effecfive Date of the Agreement of the Const�ucfion Contract): March 25, 2015
Amount: $1,069,849.06
Modifications to this Bond Form: � 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 (sea/) TRAVELERS CASUALTY AND SURETY COMPAN�e��' AMERICA
Contractor's Name and Corporate Seal Surety's Name and Corporate Seal
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By:-�� By: < , �
Signature Si ture ( ach power of attorney,��������.v11�j�ii���
\`��w�,.. .... c%
Jose h L. Vi na � : �'•�i�
Michael J. Maples P g •
_ ' FORD, ��
Print Name Print Name =
: CONN �'`=
Vice--President Attorney—In—Fact � �'t� �:�\
Title Title ^ ''�,, iJ •'� ��
,,���i///�;•••....�� \���\\\\�
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Attest: � l�_ Attest:
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Signature Si nature
Contract Manager Witness
Title Title
Notes:(1)Provide supplemental execufion 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 Engi�eers Joint Contract Documents Committee.
Page 1
1. The Contractor and Surety, jointly and severally, bind concurrence, to be secured with performance and payment
themselves, their heirs, executors, administrators, successors, bonds executed by a qualified surety equivalent to the
and assigns to the Owner for the performance of the bonds issued on the Construction Contract, and pay to the
Construction Contract, which is incorporated herein by Owner the amount of damages as described in Paragraph
reference. 7 in excess of the Balance of the Contract Price incurred by
the Owner as a result of the Contractor Default;or
2. If the Contractor performs the Construction Contract, the
Surety and the Contractor shall have no obligation under this 5.4 Waive its right to perform and complete, arrange
Bond, except when applicable to participate in a conference as for completion, or obtain a new contractor, and with
provided in Paragraph 3. reasonable promptness under the circumstances:
3. If there is no Owner Default under the Construction 5.4.1 After investigation, determine the amount for
Contract, the Surety's obligation under this Bond shall arise which it may be liable to the Owner and, as soon as
after: practicable after the amount is determined, make
payment to the Owner;or
3.1 The Owner first provides notice to the Contractor
and the Surety that the Owner is considering declaring a 5.4.2 Deny liability in whole or in part and notify the
Contractor Default. Such notice shall indicate whether the Owner, citing the reasons for denial.
Owner is requesting a conference among the Owner,
Contractor, and Surety to discuss the Contractor's 6. If the Surety does not proceed as provided in Paragraph 5
performance. If the Owner does not request a conference, with reasonable promptness, the Surety shall be deemed to be
the Surety may,within five(5)business days after receipt of in default on this Bond seven days after receipt of an additional
the Owner's notice, request such a conference. If the written notice from the Owner to the Surety demanding that the
Surety timely requests a conference, the Owner shall Surety perForm its obiigations under this Bond, and the Owner
attend. Unless the Owner agrees otherwise, any shail be entitled to enforce any remedy available to the Owner.
conference requested under this Paragraph 3.1 shall be If the Surety proceeds as provided in Paragraph 5.4, and the
held within ten (10) business days of the Surety's receipt of Owner refuses the payment or the Surety has denied liability, in
the Owner's notice. If the Owner, the Contractor, and the whole or in part, without further notice the Owner shall be
Surety agree, the Contractor shall be allowed a reasonable entitled to enforce any remedy available to the Owner.
time to perform the Construction Contract, but such an
agreement shall not waive the Owner's right, if any, 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3,
subsequently to declare a Contractor Default; then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction
3.2 The Owner declares a Contractor Default, Contract, and the responsibilities of the Owner to the Surety
terminates the Construction Contract and notifies the shail not be greater than those of the Owner under the
Surety; and Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price, the Surety is
3.3 The Owner has agreed to pay the Balance of the obligated,without duplication for:
Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor ' 7.1 the responsibilities of the Contractor for correction
selected to perform the Construction Contract. of defective work and compietion of 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 7.2 additional legal, design professional, and delay
comply with a condition precedent to the Surety's obligations, or costs resulting from the Contractor's Default, and resulting
release the Surety from its obligations, except to the extent the from the actions or failure to act of the Surety under
Surety demonstrates actual prejudice. Paragraph 5; and
5. When the Owner has satisfied the conditions of Paragraph 7.3 liquidated damages, or if no liquidated damages
3, the Surety shall promptly and at the Surety's expense take are specified in the Construction Contract, actual damages
one of the following actions: caused by delayed performance or non-performance of the
Contractor.
5.1 Arrange for the Contractor, with the consent of the
Owner,to perform and complete the Construction Contract; 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.
5.2 Undertake to perform and complete the
Construction Contract itself, through its agents or g. The Surety shall not be liable to the Owner or others for
independent contractors; obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price
5.3 Obtain bids or negotiated proposals from qualified shall not be reduced or set off on account of any such unrelated
contractors acceptable to the Owner for a contract for obligations. No right of action shall accrue on this Bond to any
performance and completion of the Construction Contract, person or entity other than the Owner or its heirs, executors,
arrange for a contract to be prepared for execution by the administrators, successors, and assigns.
Owner and a contractor selected with the Owners
EJCDC C-610—Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 2
10. The Surety hereby waives notice of any change, including which the Contractor is entitled, reduced by all valid and
changes of time, to the Construction Contract or to related proper payments made to or on behalf of the Contractor
subcontracts, purchase orders, and other obligations. under the Construction Contract.
11. Any proceeding, legal or equitable, under this Bond may be 14.2 Construction Contract: The agreement between
instituted in any court of competent jurisdiction in the location in the Owner and Contractor identified on the cover page,
which the work or part of the work is located and shall be including all Contract Documents and changes made to the
instituted within two years after a declaration of Contractor agreement and the Contract Documents.
Default or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to perform its 14.3 Contractor Default: Failure of the Contractor,
obligations under this Bond, whichever occurs first. If the which has not been remedied or waived, to perform or
provisions of this paragraph are void or prohibited by law, the otherwise to compiy with a material term of the
minimum periods of limitations available to sureties as a Construction Contract.
defense in the jurisdiction of the suit shall be applicable.
14.4 Owner Default: Failure of the Owner, which has
12. Notice to the Surety, the Owner, or the Contractor shall be not been remedied or waived, to pay the Contractor as
mailed or delivered to the address shown on the page on which required under the Construction Contract or to perform and
their signature appears. complete or comply with the other material terms of the
Construction Contract.
13. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the 14.5 Contract Documents: All the documents that
construction was to be performed, any provision in this Bond comprise the agreement between the Owner and
conflicting with said statutory or legal requirement shall be Contractor.
deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed 15. If this Bond is issued for an agreement between a
incorporated herein. When so furnished, the intent is that this contractor and subcontractor, the term Contractor in this Bond
Bond shall be construed as a statutory bond and not as a shall be deemed to be Subcontractor and the term Owner shall
common law bond. be deemed to be Contractor.
14. Definitions 16. Modifications to this Bond are as foilows:
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 aliowance for the Contractor for any
amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to
EJCDC C-610—Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 3
Executed in Three Copies
��.�1�������
_ __ .___-
� � �� �� �� � PAYMENT BOND
� _ i
CONTRACTOR (name and address): SURETY (name and address of principal place of
Vinton Construction Company business):
2705 North Rapids Road TRAVELERS CASUALTY AND SURETY
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
CONSTRUCTIOfv CONTRACT
Effective Date of the Agreement: March 25, 2015
Amount: $1,069,849.06
Description: CITY CONTRACT 15-23—Boat Works Riverwalk Parking Lot and Riverside Park Parking Lot Phase
I I Improvements
BOND
Bond Number: 106099410
Date (not earlier than the Effective Date of the Agreement of the Construction Contract): March 25, 2015
Amount: $1,069,849.06
Modifications to this Bond Form: �x None �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.
CONTRACTOR AS PRINCIPAL SURETY
VINTON CONSTRUCTION COMPANY (sea/) TRAVELERS CASUALTY AND SURETY COMPA���F AMERICA
Contractor's Name and Corporate Seal Surety's Name and Corporate Seal
By• B �
Signature Signature (attach powerofattorney) ,,;,,�uilll�ll�ii
\\�����;���„• iii��
Michael J. Maple� Joseph L. Vigna ��`\\'`yw�OSUAFJ'���!�
Print Name Print Name � � • �
=�:�HARTF ��=
Vice—President Attorney—In—Fact c�i. Cn�,�R�':�_
Title Title ��j'•. :'��
7 � �
Attest: ��'//i����'•.... ' \\��
�o.���"�G)�LT�1�.. Attest: ..� •��'" ����
Signature ignature ��������������������
Contract Manager Witness
Title Title
Notes: (9)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular
reference to Contracfor,Surety, Owner,or other party shall be considered plural where applicable.
EJCDC C-615,Payment Bond
Pubiished December 2010 by the Engineers Joint Contract Documents Committee.
Page 1
I
1. The Contractor and Surety,jointly and severally, bind sufficient to satisfy a ClaimanYs obligation to furnish a
themselves, their heirs, executors, administrators, written notice of non-payment under Paragraph 5.1.1.
successors, and assigns to the Owner to pay for
labor, materials, and equipment furnished for use in 7. When a Claimant has satisfied the conditions of
the performance of the Construction Contract, which Paragraph 5.1 or 5.2, whichever is applicable, the
is incorporated herein by reference, subject to the Surety shall promptly and at the Surety's expense
foilowing terms. take the following actions:
2. If the Contractor promptly makes payment of all sums 7.1 Send an answer to the Claimant,with a copy to
due to Claimants, and defends, indemnifies, and the Owner, within sixty (60) days after receipt
holds harmless the Owner from claims, demands, of the Claim, stating the amounts that are
liens, or suits by any person or entity seeking undisputed and the basis for challenging any
payment for labor, materials, or equipment furnished amounts that are disputed; and
for use in the performance of the Construction
Contract, then the Surety and the Contractor shall 7.2 Pay or arrange for payment of any undisputed
have no obligation under this Bond. amounts.
3. If there is no Owner Default under the Construction 7.3 The Surety's failure to discharge its obligations
Contract, the Surety's obligation to the Owner under under Paragraph 7.1 or 7.2 shall not be
this Bond shall arise after the Owner has promptly deemed to constitute a waiver of defenses the
notified the Contractor and the Surety(at the address Surety or Contractor may have or acquire as to
described in Paragraph 13)of claims,demands, liens, a Claim, except as to undisputed amounts for
or suits against the Owner or the Owner's property by which the Surety and Claimant have reached
any person or entity seeking payment for labor, agreement. If, however, the Surety fails to
materiais, or equipment furnished for use in the discharge its obligations under Paragraph 7.1
performance of the Construction Contract, and or 7.2, the Surety shall indemnify the Claimant
tendered defense of such claims, demands, liens, or for the reasonable attorney's fees the Claimant
suits to the Contractor and the Surety. incurs thereafter to recover any sums found to
be due and owing to the Claimant.
4. When the Owner has satisfied the conditions in
Paragraph 3, the Surety shall promptly and at the g. The Surety's total obligation shall not exceed the
Surety's expense defend, indemnify, and hold amount of this Bond, plus the amount of reasonable
harmless the Owner against a duly tendered claim, attorney's fees provided under Paragraph 7.3, and the
demand, lien, or suit. amount of this Bond shall be credited for any
payments made in good faith by the Surety.
5. The Surety's obligations to a Claimant under this
Bond shall arise after the following: 9. Amounts owed by the Owner to the Contractor under
the Construction Contract shali be used for the
5.1 Claimants who do not have a direct contract performance of the Construction Contract and to
with the Contractor, satisfy claims, if any, under any construction
performance bond. By the Contractor furnishing and
5.1.1 have furnished a written notice of non- the Owner accepting this Bond, they agree that all
payment to the Contractor, stating with funds earned by the Contractor in the performance of
substantial accuracy the amount the Construction Contract are dedicated to satisfy
claimed and the name of the party to obligations of the Contractor and Surety under this
whom the materials were, or Bond, subject to the Owner's priority to use the funds
equipment was, furnished or supplied for the completion of the work.
or for whom the labor was done or
performed, within ninety (90)days after 10. The Surety shall not be liable to the Owner,
having last performed labor or last Claimants, or others for obligations of the Contractor
furnished materials or equipment that are unrelated to the Construction Contract. The
included in the Claim; and Owner shall not be liable for the payment of any costs
or expenses of any Claimant under this Bond, and
5.1.2 have sent a Claim to the Surety(at the shail have under this Bond no obligation to make
address described in Paragraph 13). payments to or give notice on behalf of Claimants, or
otherwise have any obligations to Ciaimants under
5.2 Claimants who are employed by or have a this Bond.
direct contract with the Contractor have sent a
Claim to the Surety (at the address described 11. The Surety hereby waives notice of any change,
in Paragraph 13). inciuding changes of time, to the Construction
Contract or to related subcontracts, purchase orders,
6. If a notice of non-payment required by Paragraph and other obligations.
5.1.1 is given by the Owner to the Contractor, that is
EJCDC C-615,Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 2
12. No suit or action shali be commenced by a Claimant 16.2 Claimant: An individual or entity having a
under this Bond other than in a court of competent direct contract with the Contractor or with a
jurisdiction in the state in which the project that is the subcontractor of the Contractor to furnish labor,
subject of the Construction Contract is located or after materials, or equipment for use in the
the expiration of one year from the date (1) on which performance of the Construction Contract. The
the Claimant sent a Claim to the Surety pursuant to term Claimant also inciudes any individual or
Paragraph 5.1.2 or 5.2, or(2) on which the last labor entity that has rightfuliy asserted a claim under
or service was performed by anyone or the last an applicable mechanic's lien or similar statute
materials or equipment were furnished by anyone against the real property upon which the
under the Construction Contract, whichever of(1) or Project is located.The intent of this Bond shall
(2)first occurs. If the provisions of this paragraph are be to include without limitation in the terms of
void or prohibited by law, the minimum period of "labor, materials, or equipmenY'that part of the
limitation available to sureties as a defense in the water, gas, power, light, heat, oil, gasoline,
jurisdiction of the suit shall be applicabie. telephone service, or rental equipment used in
the Construction Contract, architectural and
13. Notice and Claims to the Surety, the Owner, or the engineering services required for performance
Contractor shall be mailed or delivered to the address of the work of the Contractor and the
shown on the page on which their signature appears. Contractor's subcontractors, and all other items
Actual receipt of notice or Claims, however for which a mechanic's lien may be asserted in
accomplished, shall be sufficient compliance as of the the jurisdiction where the labor, materials, or
date received. equipment were furnished.
14. When this Bond has been furnished to comply with a 16.3 Construction Contract: The agreement
statutory or other legal requirement in the location between the Owner and Contractor identified
where the construction was to be performed, any on the cover page, including all Contract
provision in this Bond conflicting with said statutory or pocuments and all changes made to the
legal requirement shall be deemed deleted herefrom agreement and the Contract Documents.
and provisions conforming to such statutory or other
legal requirement shall be deemed incorporated 16.4 Owner Default: Failure of the Owner, which
herein. When so furnished, the intent is that this has not been remedied or waived, to pay the
Bond shall be construed as a statutory bond and not Contractor as required under the Construction
as a common law bond. Contract or to perform and complete or comply
with the other material terms of the
15. Upon requests by any person or entity appearing to Construction Contract.
be a potential beneficiary of this Bond, the Contractor
and Owner shall promptly furnish a copy of this Bond 16.5 Contract Documents: All the documents that
or shall permit a copy to be made. comprise the agreement between the Owner
and Contractor.
16. Definitions
17. If this Bond is issued for an agreement between a
16.1 Claim: A written statement by the Claimant contractor and subcontractor, the term Contractor in
including at a minimum: this Bond shall be deemed to be Subcontractor and
the term Owner shall be deemed to be Contractor.
1. The name of the Claimant;
2. The name of the person for whom the 18. Modifications to this Bond are as follows:
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 Ciaim;
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.
EJCDC G615,Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 3
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
iA� POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company 1Yavelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. 'IY�avelers 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. O O�O�J�V`t�
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 Surery 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 tbe State of Iowa,and that Fideliry 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 appoiut
Elizabeth M.Fedyn,Joseph L.Vigna,Dennis M.Barton,Daniel G.Johnson,and Michael T.Burg
Brookfield Wisconsin
of the City of ,State of ,their true and lawful Attorney(s)-in-Fact,
each in their sepazate 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 fideliry 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.
9th
IN WITNESS WHEREOF,the Comp�i�s have caused this instruraent to be signed and their corporate seals to be hereto affixed,this
day of September 4
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company 1Y�avelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. TYavelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
CASU,� Q�.���•y• �FtPE 6 �^b �N IMS• •'Nq�� [Y qN
�T V' � J� 6 e� 0�-.......G� �P� 'C9 t JP� G S NW3�NfrY (f�S1�A�O�
p''o���� tl'f�?e o� �rg @f �'s 4J.,.........., ti;t y � ,� � ��p
��' 6 o NCOAPoRAIED Y f tORPWRA>�Cs'1 W:�co_._rE:c`"� " 9 � '��"�tu
T �( P; RPOFA i
�982 0 � 1977 � �: �: �; a ���o, ��.�
Z ��s; � � 1951 �� �'�SEAL;o} t � ca,N. � +���� NO�
� n �i 'os 1896 -,
�y �a � s�, o ��••.., .p ��d:.S�BAL,'s ,� c° � °�,
,s c I _ a 's a �
�y� ��' ,f yu����r+�E .lS...�'N�� �i is........*A bi �a at � v5 f�Y)AH�
�R,�•
State of Connecticut By:
City of Hartford ss. Robert L.Raney, enior Vice President
9th September 2014
On this the day of , ,before me personally appeazed Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fideliry 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 Surery 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 off'icer.
G•T� /�
In Witness Whereof,I hereunto set my hand and officia]seal. "� �� �W w" l. • �
My Commission expires the 30th day of June,2016. �p�`�G # Marie C.Teveault,Notary Public
��
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
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,aco� CE�RTIFICATE OF PROPERTY INSURANCE �03/26%2015vv�
��
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.
If this certificaM is being prepared for a party who has an insurable interest in the property,do not use this form. Use ACORD 27 or ACORD 28.
PRODUCER CONTACT
Aon Risk Services Central, inc. Nn�nE.
Green Bay WI Office PHONE �920) 437-7123 �� (920) 431-6345
pvc. No.e:q: ac. No.�: �
111 N. washington 5treet, Suite 300 E-MAIL �
P. 0. Box 23004 ;r
Green aa wi 54305-3004 u5A PRODUCER ioloi696
Y CUSTOMER ID#: y
�
INSURER S AFFORDING COVERAGE NAIC#
INSURED INSURERA: Alilet'1Cdf1 Zurich II15 CO 4�142 d
'�
vinton Construction Company INSURERB: ^Q
2705 North rtapids rtoad INSURERC: .�C"i
P O BOX Z9H� �NSURERD:
ManitowoC WI 54220 USA INSURERE:
INSURER F:
• 570057133645
LOCATION OF PREMISESI DESCR�PTION OF PROPERTY(Attach ACORD 101,Additlonal Remarks Schedule,f�more spxe fs requfred�
RE;CITY CONTRACT 15-23 - CITY OF OSHKOSH, RNERSIDE PARK PARKING LOT PHASE II & BOAT WORKS RZVERWALK LOT IMPROVEMENTS -
WINNEBAGO COUNTY, WI
AECOM, THE CITY OF OSHKOSH, CITY Of OSHKOSH CONSULTANTS, ARCHITECTS, ARCHITECT CONSULTANTS, ENGINEERS, ENGINEER...
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. m
M
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EPFECTNE POLICY EXPIRATION COVERED PROPERTY LIMITS n
LTR DATE(MMIDDlYYYIn ATE (MM/DDIYYYY) N
PROPERTY BUILOING O
CAUSES OF LOSS DEDUCTIBLES ^
PERSONALPROPERTY �
BASIC BUILDING Bw/o�Ex[SraSExpe�ns�e
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BROAD EXTRAEXPENSE W
CONTENTS m
SPECIAL RENTALVALUE �
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BLANKET BUILDING 2
EARTHQUAKE
WIND BLANKET PERS PROP Q
FLOOD BIANKET B�DG 8 PP V
LL
H
G.'
W
V
X INLAND MARINE �E OF POLICY X Specific Job Deducti 51,000
suilders rtisk
CAUSES OF LOSS
POLICY NUMBER X Spe�c Job Limit a $t,069,850
q NAMED PERILS BR07542246 04/O1/2015 04/O1/2016
BR - NY, custer & GL Ave.
CRIME
TYPE OF POLICY
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BOILER 8 MACHINERY/ �
EQUIPMENT BREAKDOWN
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SPECIAL CONDITIONS/OTHER COVERAGES(Atfach ACORD 701,AddiNonai Remarks Schedule,H more spaee is required) �
CONSULTANTS, CONTRACTORS, AND SUBCONTRACTORS ARE ADDITIONAL INSURED. ENDORSED POLICIES WILL INCLUDE A 30 DAY NOTICE OF �
CANCELLATION/NONRENEWAL FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, PROVIDED TO THOSE PARTIES INDICATED IN THE WRITTEN �J
CONTRACT. �
CERTIFICATE HOLDER CANCELLATION �
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION �
DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY
PROVISIONS. ��
CITY OF OSHKOSH �
ATTN:CITY CLERK �
ZZS CHURCH AVENUE AUTHORIZEDREPRESENTATIVE � `���e`• �,�E� �ye���� y
L1�
Po BOx 1130 �_�^ �
OSHKOSH wI 54903-1130 USA ��� �
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O 1995-2009 ACORD CORPORATION.All rights reserved.
ACORD 24(2009/09) The ACORD name and logo are registered marks of ACORD
Additional Insured —Automatic — �wners, Lessees Qr ZURYC��
Contractors
Policy No. Eff. Date of Pol. Exp. Date of Poi. Eff.Data of End. Producer No. Add'I.Prem Return Prem.
GLO-5948754-0'J 03/01/2Q15 03/01/2016
THIS ENDORSEMENT CHANGES THE POL(CY. PLEASE READ IT CAREFULL.Y.
Named insured: Vinton Cons#ruction Company
Address (including ZIP Code}: 2705 N. Rapids Road, Manifowoc, Wl 54220
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section tl—Who is An Insured is amended fo include as an additional insured any person or organization whom you
are required to add as an addifionaf insured on ihis policy under a written cantract or wriften agreement. Such person
or organization is an additional insured only with respect to Ilability for"bodily injury°, "property damage" or"personal
and advertising injury"caused, in whole or in part,by:
9. Your acts or omissions; or
2. The�acts or omissions of#hose acting on your behaif,
in the perfor►nance o# your ongoing operafions or "your work" as incfuded in the "produc#s-completed operations
hazard",which is the subject of the written confract or written agreement.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Wiq not be broader than that which you are required by the wriften confract or written agreement fo provide for
such additional insured.
B. With respect to the insurance afforded to these additiortal insureds,the following additional exclusion applies:
This insurance does not apply to: .
"Bodily injury", "properly damage"ar"personal and advertising injury"arising out of the rendering of, or failure to
render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders,change orders or drawings and specifications;or
b. Supervisory, inspection,architectural or engineering activities.
This excivsion applies even if tt�e claims against any insured a[lege negligence or other wrongdoing in the
supervision, hiring, emp[oyment, training ar moniforing of others by that insured, if the"occurrence"which caused the
"bodily injury" or"properky damage", or the offense which caused fhe "personal and advertising injury", involved the
rendering of or the failure to render any professional architectural,engineering or surveying services.
U-GL-1175•F CW(04/13)
Pa�e 1 of 2
lncludes copyrlghted material of Insurance Servicas Office,Ina,with Its perm(sslon.
C. The foilowing is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section lV—
Commercia[General Liability Conditions:
The additional insured must see fo it fhaf:
1. We are nofified as soon as prackicable of an"occurrence"or offense thaf may result in a claim;
2. We receivs written notice of a claim or"suit"as soon as practicable;and
3. A reque�t for defense and indemnity of the claim or "suit" wil! promptly be brought against any policy issued by
another insurer under which fhe additional insured may be an insvrsd in any capacity. This provision does not
apply to insurance an which the additional insured is a�iamed Insured if the written contract or written agreement
requires that this�coverage be primary and non-contributory.
D. For the purposes of tha coverage provided by fhis endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercia[ General Liabi(ity
Conditians;
Prlmary and Noncontribufory insurance
This insurance is primary to and will not seak contribution from any other insurance available ta an additional
insured provided that:
a. 7he additionaf insured is a Named Insure8 under such other insurance; and
b. You are required by writfen confrack or written agreement fhat this insurance be primary and not seek
cantribution from any other insurance avaifabfe to the addlfional irtsured.
2. The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV—Commerciai
General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the addifional insured on our policy is atso covered as an addifional insured an anoiher policy
providing coverage for the same'bccurrence", offense, claim or"suit". This provision does not apply to any poiicy
in which the additional insured is a Named Insured on such other policy and.where our policy is required by a
written contract or written agreemenf to provlde coverage to the additional insured on a primary and non-
contributory basis.
E. This endorsement does not appfy to an additional insured which has been added to this policy by an endorsement
showing the addifionaf insured in a Schedule of addifional insureds, and which endorsemenf applies specificalfy to
that identified additional insured.
F. With respect fo the insurance afforded to fhe additional insureds under this endorsement, fhe following fs added to
Secfion III—LimiEs Of Insurance:
The most we will pay on behaif of the addifional insured is the amount of insurance:
1. Required by the written contract or written agreement referenced in Paragraph A.of this endorsement; or
2. Available under the applicable Limits of Insurance shown ln the Declarations,
whichever is Iess.
This endorsement shall not increase the applicable Limits of Insurance shawn in the Declarations.
All other terms and conditions of this policy remain unchanged.
U-GL-1175-F CW(04/13)
Page 2 of 2
Includes copyrighted material oi Insurance Services Offica,Inc.,vrith its permission. ,