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HomeMy WebLinkAboutVinton Construction 17-14 South Shore611 0001.1_.1 •amu •_ ul ► 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 I — 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 17-14 South Shore West (JELD-WEN Property) Segment Riverwalk Base Bid including Alternates 1-3. 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 17-14 RES No. 17-487 South Shore West (JELD-WEN Property) Segment Riverwalk BASE BID Riverwalk Construction (Sta. 12+00 to Sta. 18+97) ALTERNATE 1 BID: Riverwalk Construction (Sta. 9+00 to Sta. 12+00) ALTERNATE 2 BID: Riverwalk Construction (Sta. 0+55 to Sta. 9+00) ALTERNATE 3 BID: Riverwalk Construction (Sta. -0+50 to Sta. 0+55) 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. 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. 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. Paue 1 of 7 4.02 Dates for Substantial Completion and Final Payment The Work will be substantially completed by October 1, 2018 and ready for final payment (final completion) by December 1, 2018 in accordance with Paragraph 14.07 of the General Conditions. 1. Two year warranty period to begin starting day of final completion 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 Section 100.45 of Current Version of Standard Specifications for City of Oshkosh, Wisconsin 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 Section 100.45 of Current Version of Standard Specifications for City of Oshkosh, Wisconsin 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 5.0l.A, through 5.01.E below: A. BASE BID SUM, a sum of: $ 373,697.00 B. ALTERNATE 1 BID SUM, a sum o£ $ 196,382.50 C. ALTERNATE 2 BID SUM, a sum of: $ 822,235.00 D. ALTERNATE 3 BID SUM, a sum of: $ 88,224.00 TOTAL AWARD a sum of $1,480,538.50 The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities or undistributed quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities or undistributed 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. 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 7 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.I 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. 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. 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 7 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. 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.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 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. 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. Paee 4 of 7 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 520-1 to 520-7, inclusive). 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 with Water Craft Liability and (IV) Pollution Exposures Liability per Addendum 1 and List AECOM Technical Services as additional insured ). 5. Supplementary Conditions (pages 800-1 and 810-1 to 810-13, inclusive) 6. General Conditions (pages 700-1 to 700-63, inclusive). 7. Addenda (numbers 1 to 3, inclusive). 8. Specifications as listed in the table of contents of the Project Manual. 9. Drawings consisting of 45 sheets with each sheet bearing the following general title: Contract 17-14 South Shore West (JELD-WEN Property) Segment Riverwalk — Construction Drawings 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Tabulation. b. Contractor's Bid Bond c. Contractor's Signature Page d. Disclosure of Ownership e. Contractor's Subcontractor List 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 b. Work Change Directives. 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 5 of 7 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 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 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 7 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 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 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. This Agreement will be effective on 1 ('kwhich is the Effective Date of the Agreement). OWNER: City of Oshkosh Attest. - - Title: J"\ Title. n A, 1,.ore vlsov� Attest: Title: --aim I cA. 'bY1CoCf- DIrQCi"Dc CONTRACTOR: VINTON CONSTRUCTIN COMPANY By c. Title: Michael J. Maples, Vice -President (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) gyp p - Title: Contract Manager Address for giving notices: P.O. Box 1987 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: 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 7 Contract 17-14 South Shore West (1eldWen Property) Segment Riverwalk Construction Project (##5323067) Owner: City of Oshkosh, WI Solicitor: AECOM 09/19/2017 10:00 AM CDT Engineer Estimate Vinton Construction Company Section Titl Line Item Item Code Item Descr U of M Quantity Unit Price Extension Unit Price Extension TOTAL BASE BID Section 1: Base Bid - Riverwalk (STA 12+00 to 18+97) $22,500.00 $340,547.00 1 1 Mobiliiatio Lump Sum 1 $67,000.00 $67,000.00 2 2 Erosion coi lump Sum 1 $10,160.00 $10,160.00 3 3 Demolition Lump Sum 1 $16,500.00 $16,500.00 4 4 Manhole/s Each 1 $15,100.00 $15,100.00 5 5 Rip -rap bar Lump Sum 1 $9,978.00 $9,978.00 6 6 Riverwalk I Lump Sum 1 $72,935.00 $72,935.00 7 6.1 Excavation, Tons 2500 $0.01 $25.00 8 6.2 Load; trans Tons 3000 $6.70 $20,100.00 9 7 Electrical n Lump Sum 1 $82,900.00 $82,900.00 10 8 Restoratim Lump Sum 1 $9,800.00 $9,800.00 11 9 Chain-link! Lump Sum 1 $36,049.00 $36,049.00 TOTAL BASE BID Section 2: Undistributed Electrical Items $33,150.00 12 10.1 Electrical: Linear Feet 1000 $4.00 $4,000.00 13 10.2 Electrical: Linear Feet 500 $5.00 $2,500.00 14 10.3 Electrical: Linear Feet 1000 $6.00 $6,000.00 15 10.4 Electrical: Linear Feet 2500 $0.50 $1,250.00 16 10.5 Electrical: Each 4 $600.00 $2,400.00 17 10.6 Electrical: Each 2 $1,500.00 $3,000.00 18 10.7 Lighting co Each 1 $10,000.00 $10,000.00 19 10.8 Light pole t Each 2 $1,500.00 $3,000.00 20 10.9 Light pole/ I Each 2 $500.00 $1,000.00 TOTAL BASE BID SECTIONS 1 & 2 $373,697.00 TOTAL BID Section 3: Alternate 1- Riverwalk (STA 9+00 to 12+00) $196,382.50 21 AS -01 Alternate 1 Lump Sum 1 $22,500.00 $22,500.00 22 Al -02 Alternate 1 Lump Sum 1 $21,700.00 $21,700.00 23 Al -03 Alternate 1 Lump Sum 1 $8,500.00 $8,500.00 24 Al -04 Alternate 1 Each 2 $16,400.00 $32,800.00 25 Al -05 Alternate 1 Lump Sum 1 $39,528.00 $39,528.00 26 A1-05.1 Alternate 1Tons 1150 $7.95 $9,142.50 27 Al -05.2 Alternate 1Tons 1500 $7.15 $10,725.00 28 Al -06 Alternate 1 Lump Sum 1 $17,337.00 $17,337.00 29 Al -07 Alternate l Lump Sum 1 $25,500.00 $25,500.00 30 Al -08 Alternate 1 Lump Sum 1 $8,650.00 $8,650.00 TOTAL BID Section 4: Alternate 2 - Riverwalk {STA 0+55 to 9+00} $822,235.00 31 A2-01 Alternate 2 Lump Sum 1 $42,000.00 $42,000.00 32 A2-02 Alternate 2 Lump Sum 1 $21,700.00 $21,700.00 33 A2-03 Alternate 2 Lump Sum 1 $29,597.00 $29,597.00 34 A2-04 Alternate 2 Each 3 $16,966.00 $50,898.00 35 A2-05 Alternate 2 Lump Sum 1 $71,615.00 $71,615.00 36 A2-05.1 Alternate 2Tons 2500 $7.95 $19,875.00 37 A2-05.2 Alternate 2Tons 3500 $8.50 $29,750.00 38 A2-06 Alternate 2 Lump Sum 1 $56,500.00 $56,500.00 39 A2-07 Alternate 2 Lump Sum 1 $22,600.00 $22,600.00 40 A2-08 Alternate 2 Lump Sum 1 $260,000.00 $260,000.00 41 A2-09 Alternate 2 Lump Sum 1 $198,200.00 $198,200.00 42 A2-10 Alternate 2 Lump Sum 1 $19,500.00 $19,500.00 TOTAL BID Section 5: Alternate 3 - Riverwalk (STA 0+50 to 0+55) $88,224,04 43 A3-01 Alternate 3 Lump Sum 1 $14,800.00 $14,800.00 44 A3-02 Alternate 3 Lump Sum 1 $2,225.00 $2,225.00 45 A3-03 Alternate 3 Lump Sum 1 $3,628.00 $3,628.00 46 A3-04 Alternate 3 Lump Sum 1 $1-3,661.00 $13,661.00 47 A3-04.1 Alternate 3 Tons 200 $7.95 $1,590.00 48 A3-04.2 Alternate 3 Tons 800 $7.15 $5,720.00 49 A3-05 Alternate 3 Lump Sum 1 $11,850.00 $11,850.00 50 A3-06 Alternate 3 Lump Sum 1 $1,250.00 $1,250.00 51 A3-07 Alternate 3 Lump Sum 1 $20,000.00 $20,000.00 52 A3-08 Alternate 3 Lump Sum 1 $9,400.00 $9,400.00 53 A3-09 Alternate 3 Lump Sum 1 $4,100.00 $4,100.00 TOTAL BASE BID SECTIONS 1 & 2 $373,697.00 TOTAL ALTERNATE 1 $196,382.50 TOTAL ALTERNATE 2 $822,235.00 TOTAL ALTERNATE 3 $88,224.04 Total Bid $1,480,538.50 Adapted from Quest Bid Results 9/20/17 Eland No, I3113 BOND The Atnericart Institute of Architcgts, AIA Dovvueut No. A310 {Febra>ary, t 970 EI ition) KNOW ALL WN I3Y THESE PRESENTS, ibut the �trrt Gr�it�lr3tc�is� C�snu as Principal hereinafter called the. Prin6pal, acid Traave.�3 C . n � ��anizenv crA€nertca a corporatioo duly oigiri r -ed rindcr Elie laws oFthc state or Cord,,�cticut as Surely, hereinafter called tha Slimly, m -c held and f'umly bound tuito CITY OF OSHKOSH as Oblige licreinafter c -i led the Oblignt, in the sum or FIVE PER= OF BID Dollars ($.�z OF BID ), for tftsr payrtMit of which stem w0l and truly to k n Ae, Elle St3i€l Principal and dve Said Basely, bind ourselves, our heirs, executors, administrail€trs, successors and riksslgrts, jointly and gevemlly, firmly by these presents WHEREAS, the Principal has submi3ted a bit:! for € UMACT 17-14; SMTH SORE WEn +( TELE)-wu YgokERTYj SF.GfdS61't RIVERWALK CONSTRUCTION NOW, THEREFORE, if'thc Obligee shill accept the bid of Elie Princspsl and the Prinoparl shall enter into a Grintract with the Obligec in tacco-rdariee wi(h the terms of srach laid, and give such bond or bonds as may be siwcifaed in the bidding lir Contract L-tucii_znent€ v'ith good and sufticienl suret), for the fairtafta) perforrnatice cif such t:'ontmct and for the farorimpt payment of labor and material furnished In the prosecution thercof, OT it) the event of the failure of the Principal to enter wept Contras -1 and give such bond or bonds. if ilio PrincipiiI shall pay to the Ob€t ce trite difference no; to exceed Ilia penalty licreof between the artzmttnt specified in said bid and such larger arriount fear whish tile Obligee may in gwd taith contract with another party to perftarraa flat Work eovca-cd by saitl bid, then this obligation shall be null and vnid, othcrw-LKe to teem ain in full forge and c1Tcv . 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Maty! Gullt-au!} Csuenpans rtrt a iy e�j � }a ~ �•6'' Pras���,�, �Y:��g S4Ni s {4e �,p sgry,_ R,{db 'Slide orctat€=assxtt C'ily ts( Hmsrutti ra. ' tEc§tTi i.... 1t:Er,i". �nei>a i4+f1'+l•4�?'x"*'.€ Clu this the 24th day of nil , -T 17 bi fc'=tr F r*vri 1. }tail';}, u fin acAta,,z�s.�l It=nl tit i �.i ttcthe Sc sr cE'rCskltrJtsfrfatu€iasF€ttet;t ispllyCtllarFcatt). itdeityis€ulr3mrt•.tut}'tasrsF t t;.tta€Pnt):€-x1ct1€e u,tCus tnty irrur2CILLUlttts;ruritrr4 ittc.54 Paul Fvi=: and R.hirtue iaz:ur we Cexaprtny, tit'.. FaK I Guardian laatts-unt:„ t"sScaEls>rny. St. Dots! tic€�tssz inurm a Csstsitu€tt, iir4e#�zs �C.tzr€sdt} itf»t Srsik�ty Cnsccftzxs}. Ertsf-17t C`uumay unit Surer- czmlknt}-ormierku. wit Vltiwa-sil� l•iffeltly=d Gti+it,itity Ccx=v--n: lsjmritr,. �x',ftiii. txits IittiFiGtit+ tt+st iu ri+_e erutet) the f€trcpaisee Eucts*;nicat itrs iIFC i rl x 5 iitrrrin arauuisr,i Ety s4gniaa on t tt}saI f ti11 111r t; €at tr»ixfittre: it% hlat-411 *4 a dul}' tttalead' nzl r4l ic'4s In Wittiest; ttsh€rrtttirt 1 Itemunta set my tunj W1 aitiicittl acid �'� yCctftir�il�1ttxrfialsir the lfxhitorordutid--T3t 10 sF 11srkCTiistu,►t �su4riPsti 58440.5.19 Printed In U.S.A. tr AkNiNCs THB PURER 4F At IORN"_i5 tNVAuD YdtliiiouT Ti -SE jiEr Di; wt%FiNIM(I ;tw:. pawM OF ArTORNv;Y 18 mALO wsl tlOcft' THE REO BORDER 11Ib4 fk1%& ar t'l Atuattli'y file Nitiod #1 l al goati4 Or iatrrCtOi� Of I'alrfftltu lilts {;a nutty Cutsrpamy, f ititslt#} fit}d Omit ruily Iuf�: -itswc Corail€r€s€t. R&41tt unst Gwrnnly Inc.. St. find Fite unsf Mf}riffe ttttus-axtce GOMPUty. SA FL4421 Llt HOInil Fns�i lifiCe Csink'= y. Sr Frail hietraary Insure CltntlSilnY, rtASCle(4 Camaltl' rrtr:I sm q, t f#lttlt&Sty, 9i"Eitkvs CemOty and 5itrt'uy Catnip ial, CIi Amefirn. '1Ct Llntatil wSrjie-. F ilk--Ur7 arA1 {mill€} [01fixii y wIlicll rd5ollaxinx jrc u(tw Cil Aill: farce and of rti. rcmiin'g us littlofis' l ttLSt?I.4'FD. OVA lIu it ttt ,the Pry idasal } :tt#y �i4 Ci` uIty E'.wcu1'Jt 'F`n Pichotkt#l: TO: ALL CONTRACTORS FROM. ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: DISCLOSURE OF OWNERSHIP FORM Please review the attached Department of Workforce Development Disdasure of Ozuttership form. If Item 3 on this Disclosure of Ownership form applies to your company, you must complete the Disclosure of OzonmItip form and upload in the appropriate location on Quest V -Bid. If Item 3 on the Disclosure of Ownership form does NOT apply to your company, you must complete the information below and upload this page in the appropriate location on Quest V -Bid. CERTIFICATION I certify by my signature below that Item 3 of the attached Disclosure of Ownership form does NOT apply to my firm, or a shareholder, officer, or partner Of my firm. Michael J. Maple -1 Printed Name Vice -President Title Vinton Construction Company Company Name 8131/2017 Date k\H,tgfnaering�TracyYaylor�1Mblk Wnrks contract,el Ttlnnerxcv�oE�cinsure of'QWr4Mhlp Pprmz-I- Page !ofI L7A.cK Clly Hail, 215 Church Avenue P.O. Box 113¢ Oshkosh, WI 54943-1130 http:/1www.cl.oshkosh.wl.u3 Slate of Wisconsin Department of Workforce Development Equal Rights Division Disclosure of Ownership The statutory authority for the use of this form is prescribed in Sections 66.0903(12)(4), 66.0904(10)(4) and 103.49(7)(d), Wisconsin Statutes. The use of this form Is mandatory. The penalty for failing to complete this form is prescribed in Section 103.005(12), Wisconsin Statutes, Personal Information you provide may be used for secondary purposes [Privacy Lave, s. 15.04(1) (m), Wisconsin Statutes]. (1) On the date a contractor submits a bid to or completes negotiations with a state agency, local governmental unit, or developer, investor or owner on a project subject to Section 66.0903, 66.0904 or 103,49, Wisconsin Statutes, the contractor shall disclose to such state agency, local governmental unit, or developer, investor or owner, the name of any 'other construction business,' which the contractor, or a shareholder, officer or partner of the contractor, owns or has owned within the preceding three (3) years. (2) The term 'other construction business" means any business engaged in the erection, construction, remodeling, repairing, demolition, altering or painting and decorating of buildings, structures or facilities. It also means any business engaged In supplying mineral aggregate, or hauling excavated material or spoil as provided by Sections 66,0903(3), 66.0904(2), 103.49(2) and 103.50(2), Wisconsin Statutes. (3) This form must ONLY be filed, with the state agency project owner, local governmental unit project owner, or developer, investor or owner of a publicly funded private construction project that will be awarding the contract, If both (A) and (B) are met, (A) The contractor, or a shareholder, offtcer or partner of the contractor: (1) Owns at least a 25% interest in the "other construction business,' Indicated below, on the date the contractor submits a bid or completes negotiations; or (2) Has owned at least a 25% interest in the "other construction business" at any time within the preceding three (3) years. (B) The Wisconsin Department of Workforce Development (DWD) has determined that the "other construction business" has failed to pay the prevaHing wage rate or time and one-half the required hourly basic rate of pay, for hours worked in excess of the prevailing hours of labor, to any employee at any time within the preceding three (3) years. Other Construction Business Business Name N/A Street Address or P 0 Box City State [Zipd Business Name Street Address or P 0 Box City State zip Code Business Name Street Address or P 0 Box Clty State Zip Code Business Name Street Address or P 0 Box it, b City State Zip Code ere y state under penalty of perjury that the Information, contained In this document, Is true and accurate according to my knnwtarfrTn and halinf Print the Name of Authorized Officer Michael J. Maples Autho 'zed Officer gnature ~' Date Signed ✓ _� .,, �, ' 8/31/2017 .rporation, Pail � (ship or SoI Proprie rship Name Vinton Construction Company Street Address or P 0 Box City State Zip Code P.O. Box 1987 Manitowoc I Wt 164221 it you have any questions call (648) 266-6861 ERD-7777 (R. 0112011) BID SUBMITTAL 8.0-1 This Bid is submitted by: If Bidder Is: An Individual Name (typed or printed): By: (individual's signature) Doing business as: A Partnership Partnership Name; By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed): A Comoration Corporation Name: _ Vinton Construction Company (SEAL) State of Incorporation; General Type (General Business, Professional, Service, Limited Liability): By: r(Signature -- attach evidence of authority to sign) Name (typed or printed): Michaet J, Maples �a . Vice -President �. --- (CORPORA'T'E SEALY � Attest Date of QUailfioatioh to do business In Wisconsin Is 4t 1 / 17 EXI)C C•a) 0 Suggested Md Rw pi ror Construeiian Cdntrnctt Copyright ® 2007 iQatia18180ciatp of PrOmIa®al i:tigincers for EJCBC. All rlgliRg resen ed, Nee iofa VINTON CONSTRUCTION COMPANY The following resolution is hereby adopted on unanimous consent of the Directors, pursuant to Section 180.823 of the Wisconsin Statutes: IT IS RESOLVED AS FOLLOWS: The Corporation President, James J. Maples and the Corporation Secretary, Michael J. Maples, are hereby authorized to enter into, execute, and deliver in the name and on behalf of this company, any contract, agreement, conveyance, and any other Instrument that may be deemed by either necessary In the ordinary course of business of the company, without further act or resolution of this Board. This resolution is Intended to authorize the execution of any and all contracts related to construction projects to be undertaken by Vinton Construction Company. Dated September 24`x, 2015 APPROVED: y 1A ES J MAP S, DIRECTOR MICHAELJ MAPLES, DIRECTOR Subscribed and sworn to before me this 24u' day of September, 2015 No ary (Seal) A Joint Venture f ( Mame of Joint Venture: _ First Joint Venturer Name: (SEAL) By: (Signature of first joint venture partner — attach evidence of authority to sign) Name (typed or printed): Title: Second Joint Venturer Name: (SEAL) By: (Signature of second Joint venture partner-- attach evidence of authority to sign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that Is a party to the joint venture should be in the manner indicated above.) Blddees Business Address P.O. BOX 1987 tLkNITOWOC, WI 54221-1987 Phone No. 920-682-0375 Fax No. 920-682-2838 E-mail BKOI.LATR@VINTONWIS. COM SUBMITTED on OCTOBER 19Th , 2017 State Contractor License No. N /_A EJCDC C410 Suggested Did Form for Construct€w Cautracis Copyright 02007 naEIanzi &octet}' orProreeslaual Eriglueers for VCDC. All rigbfs rnavc-i. Page 8 orb SECTION 00460 I CONTRACT 17-14: SOUTH SHORE WEST (JELD-WEN PROPERTY) SEGMENT RIVERWALK CONSTRUCTION LIST OF PROPOSED SUBCONTRACTOR ALTERNATE 1 Approximate % of Name Address Telephone No. Contract Amount Ground Effects of Wisconsin 222 South Sawyer Street Oshkosh Wisconsin 920-233-9180 .02% Bodart Electric 1113 Orlando Drive, De Pere, Wi 920-339-0488 07% Patriot Fence P.O. Box 596 Sussex, WI 262-521-0029 23.21% END OF SECTION VINTON CONSTRUCTION COMPANY Michael J. Maples '} Vice -President I List of Proposed Subcontractors Contract 17-14; South Shore West JELD-WEN Property Rive"valk Construction Section No. 00460-1 EJCDC = ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of Vinton Construction Company business): 2705 Rapids Road Travelers Casualty and Surety Company of America P.O. Box 1987 13935 Bishops Drive Suite 200 Manitowoc, Wisconsin 54221-1987 Brookfield, Wiscosin OWNER (name and address): OWNER (name and address): City of Oshkosh 215 Church St. P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 CONSTRUCTION CONTRACT Effective Date of the Agreement: October 4,2017 Amount: $1,480,538.50 Description: City Contract 17-14: South Shore West (JELD-WEN Property) Segment Riverwalk Construction BOND Bond Number: 106730018 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): October 4, 2017 Amount: One Million Four Hundred E,i 1hty Thousand Five Hundred Thirty Eight Dollars and Fifty Cents (1,480, 538,.50) 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 PRINCIPAL Vinton Construction Company (seal) Contractor's Name and Corporate Seal 'Signature Michael J. Maples Print Name Vice—President Title SURETY Travelers Casualty and Surety Company of Surety's Name and Corporate Seal Amero��! Sig rfature (6ttach power of Joseph L. Vigna Print Name Attorney -in -Fact Title ?V: '• ' 'Tic = o Attest: Attest: Signature ignature Witness 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 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. EJCDC C-610 — Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Paee 2 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: EJCDC C-610— Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Paue 3 EJD ............................................................................ ENG'€VEERS JOINT CONTRACT DOCUMENTS COMMITTEE ...... PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): Vinton Construction Company Travelers Casualty and Surety Company of America 2705 Rapids Road 13935 Bishops Drive P.O. Box 1987 Brookfield, Wisconsin 53005 Manitowoc, wisconsin 54221-1987 OWNER (name and address): City of Oshkoh 215 Church St. P.O.Box 1130 Oshkosh, Wisconsin 54903-1130 CONSTRUCTION CONTRACT Effective Date of the Agreement: October 4, 2017 Amount: One Million Four Hundred Eighty Thousand Five Hundred Thirty Eight zDollars and Fifty Cents (1,480,538.50) Description: City Contract 17-14: South Shore West (JELD-WEN Property) Segment Riverwalk Construction BOND Bond Number: 106730018 D to (not earlier than the Effective Date of the Agreement of the Construction Contract): October 4, 2017 ArrAount: One Miollion Four Hundred Eighty Thousand Five Hundred Thirty Eight Dollars and Fifty Cents (1,480,538.50) Modifications to this Bond Form: [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 (seal) Travelers Casualty and Surety Compg0,x„qf„ Contractor's Name and Corporate Seal Surety's Name and Corporate Seal p! `\\ • �� B - W • FO Signature Signature (attach power ofa*n—*) C�/1/� . Michael J. Maples o Print Name Print Name Joseph L. Vigna Vice–President Attorney -in -Fact Title Title Attest: vP0 4, o I I �� Attest: Signature Signature Witness 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. Paee 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC C-615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A 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 shall be to include without limitation in the terms of "labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC C-615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 THE RED POWER OF ATTORNEY TRAVELERS] 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. 232082 Certificate No. 007269820 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 Anthony S. Von Rueden, Todd Looker, Robert E Flath, Dennis M Barton, Joseph L Vigna, and Elizabeth M Fedyn of the City of Milwaukee/Waukesha , State of Wisconsin , their true and lawful Attomey(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 day of June , 2017 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 19th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ��y FIFE 6 'µ IN N$T� tY 4ry O wC�R�RAtrO z �;Z a .w'rA tt ✓;W '�`� iwtaaaggp i cl 9 8 2 O � y „q%% v, � i •" Z � -.- : � : wP RARTFOR�, < • WiATFa� < � a o•. '" ��.S8Aya ;, coRN. o caa�. � o� tess bF N� � !� y4s� G� �y':........ % a't' �o+.'.... ,:: as >Os; � '•... a ,�Tga 1 �- d r '�"'wMC•�.cF 1S . � �.5.,,,..... �a 61 �a �w.uwa"°6 �i'/ AMlbc State of Connecticut City of Hartford ss. By: Y Robert L. Raney, Senior Vice President On this the 19th day of June 2017 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. G•TET In Witness Whereof, I hereunto set my hand and official seal. , &r�k C • V My Commission expires the 30th day of June, 2021. AliBl1G * Mane C. Tetreault, Notary Public 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER