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HomeMy WebLinkAbout24-20 The Hanover InsuranceRECEIVED BID BOND Contract Number 24-20 Date Bond Executed (Date of Contract or Later) June 17, 2024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) HIGHWAY LANDSCAPERS, INC. 1650 E. Elm Drive Little Chute, WI 54140 SURETY(IES) (Legal Name(s) and Business Address(es)) THE HANOVER INSURANCE COMPANY 440 Lincoln Street Worcester, MA 01653 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION JUN 17 2024 DEFT of PUBLIC WpS CITY OF CJ�S ScoNS N Type of Organization _ Individual Partnership X Corporation State of Incorporation Wisconsin Penal Sum of Bond 5% of Amount Bid The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this Contractor within the time specified in the Bid documents or within such time period as may be agreed upon between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business days of written notice to the Contractor and Surety of Owner's intent to make a claim upon this Bond. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the Bid. If the Contractor either enters into a contract with Owner in accordance with the terms of the Bid and gives such bond(s) that may be specified in the Bidding documents for the faithful performance of the Contract and for the prompt payment of labor, materials, and supplies furnished for the purpose thereof; or pays to the Owner the difference between the amount specified in the Bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered in such Bid, then the Surety and the Contractor shall have no obligation under this Bond. Page 1 of 2 Notice to the Contractor or Surety shall be deemed to have been given; (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, e-mail, or other form of electronic transmission. Notices shall be provided to the Owner, Surety, and/or Contractor at their address as specified on this Bond or to a facsimile, e-mail or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. HIGHWAY LANDSCAPERS, INC. Name of Principal/Contractor THE HANOVER INSURANCE COMPANY Name of Surety Title Roxanne Jensen, Attorney -in -Fact Page 2 of 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter Individually and collectively the "Company") does hereby constitute and appoint, Roxanne Jensen, Kelly Cody, Brian Krause, Trudy A. Szalewski, and Marc Sacia Of AON Risk Solutions of Milwaukee, WI each individually, if there be more than one named, as its true and lawful attorneys) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as Its act and deed any place within the United Stales, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary ofthe Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Fifty Million and Nof100 ($60,000,000) in any single Instance That this power is made and executed pursuant to the authority ofthe following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all otherwritings obligatory in the nature thereof, with powertoattach thereto the seal ofthe Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company In their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October7, 1981 — The Hanover Insurance Company; Adopted April 14,1982 —Massachusetts Bay Insurance Company; Adopted September7, 2001 — Citizens Insurance Company of America and affirmed by each Company on March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 161h day of September, 2023 The Hanover Insurance Compaq Massachusetts Bay Insurance Company Citizens Insurance CemponyorAmerks 34%Y4 4 1 Jtp H. Kawieckl, Vice President STATE OF CONNECTICUT ) COUNTY OF HARTFORD ) ss. The Ilanovcr Ineuraocc Company h chusetts Bay lnsarance Company t as insu nce Company of Amerka do, 4 Icon M, Mendoza, Vlco Prosldont On this 161h day of September 2023 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company ofAmerica, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding Instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and 40scribed to said Instrumente uthori at d dtrectlop of said Corporations. Wendy LatoumeS ASK NOWY Public. %tedi►MrirmUcut y Mira y Latou es, otofy ubfic MY Ctrs SW EX*8Jui 31. 2025 My commii�si n ex Tres July 31, 2025 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney Issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, thist ?tkday of 2024 CERTIFIED COPY The on a I%ursnee ompa CC fs Bay Int ray i n ura ce A ohn Rowelder, Vice President RECEIVED JUN 17 2024 DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN 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 Disclosure of Ownership form. If Item 3 on this Disclosure of Ownership form applies to your company, you must complete the Disclosure of Ownership 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. d .— Name � Gk W 114C.4- Printed Name - T Company Name �aw< 17 2oty Date 1:\F-ngineering\Tracy Taylor\ Public Works Contracts\Miscellaneous\ Disclosure of ownership Form-2-1- Pagel of I 17.docx City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1 130 http://www,ci.oshkosh.wi.us State 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)(d), 66.0904(10)(d) 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 Law, 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, officer 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 prevailing 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 /U D NC.. Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code I hereby state under penalty of perjury that the information, contained in this document, is true and accurate according to my knowled a and belief. Print the Name of ut rized Officer Author' d ice Signatu Date Signed J OA*, Corp ion, Partnershi r So e Proprietorship Name Ht,' hW AIL. Street Address or P O Box I City State Zip Code / (*" 6. Elm Dr tll� Lt L1w?a wr I SDI q o If you have any questions call (608) 266-6861 ERD-7777 (R. 01/2011) RECEIVED CONTRACT 24-20 JUN 17 2024 ATTACHMENT A DEPT OF PUBLIC WORKS OSHKOSH WISCONSFN LIST OF PROPOSED SUBCONTRACTORS Pursuant to Section 66.29(7), Wisconsin Statutes, the Bidder, as part of this Proposal, submits this full and complete list of all the Subcontractors and the class of work to be performed by each. The CONTRACTOR will be permitted to sublet a portion of the Contract, but shall perform with their organization work amounting to at least thirty percent (30%) of the original Contract amount. Work performed by the CONTRACTOR for any Bid Item that had been subcontracted will not be included towards the thirty percent (30%) calculation. If the CONTRACTOR shall sublet any part of this Contract, the CONTRACTOR shall be as fully responsible to the CITY for the acts and omissions of their Subcontractor and of the persons either directly or indirectly employed by their Subcontractor as they are by acts or omissions of persons directly employed by themselves. All Subcontractors, if any, shall be listed in the spaces provided on the Proposal Form and said list shall not be added to or altered without the written consent of the CITY. Signed, final waivers of lien will need to be provided to the CITY prior to the release of the final retainage to the CONTRACTOR. When a Subcontractor and the class of work to be performed are not listed, it shall be considered that the Bidder will perform the work themselves. PERCENT OF NAME OF SUBCONTRACTOR CLASS OR ITEMS OF WORK CONTRACT AMOUNT Ng4kc,trt APate t^9 I hereby certify that the use of the name(s) of the above Subcontractor(s) was with the knowledge and consent of the said Subcontractor(s). �2zud- Signature of Bid r Page 9 of 12 RECEIVED CONTRACT 24-20 PROPOSAL JuN 17 2024 I)EPT OF OS11KOSI, 1 13�ONORKS nv The undersigned will begin work as specified after award of the Contract and complete as specified. I hereby certify that all statements are made in behalf of rq/�way LandS� aP.crs ync., (Name of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of W iSc b h ii rN a Partnership consisting of ; or an individual trading as ; of the City of ; State of That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf; and that said statements are true and correct. PIAF,- Iit A";i�2z .oL (Title, if & ) Subscribed and sworn to before me this day of r�""111ILA P%'''��, 20�. J. ; NpTAR y .< Notary Public, or other authorized to administer N PUBOG % �A ' .' -0 (Bidder should not add any conditions or qualifying statements to this Proposal as otherwise the Proposal may be declared irregular as not being responsive to the Advertisement.) Accompanying this Proposal is a Bid Bond in the amount of 5 % of the total amount of the Bid, as called for in the Official Notice to Contractors. Page 12 of 12