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HomeMy WebLinkAboutCloverleaf Landscaping 2012 AGREEMENT THIS AGREEMENT, made on the day of July 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CLOVERLEAF LANDSCAPING & RETAIL CENTER INC., 20 E COUNTY RD Y, OSHKOSH WI 54901 , hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: Chris Ziegler, Cloverleaf Landscaping & Retail Center, Inc. B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: Christopher Strong, P.E., Director of Transportation ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the Bid Solicitation. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. 1 ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits as mutually agreed upon between the parties at the pre-construction meeting. The Contractor shall perform the services under this agreement with reasonable diligence and expediency consistent with sound professional practices. The City agrees that the Contractor is not responsible for damages arising directly or indirectly from any delays for causes beyond the Contractor's control. For the purposes of this agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters, failure of performance by the City, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the Contractor to perform its services in an orderly and efficient manner, the Contractor shall be entitled to an equitable adjustment in schedule. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. City of Oshkosh Landscaping Services — Otter Avenue Parking Lot Bid Solicitation (published 05/31/2012) Due 06/14/2012 2. This Instrument 3. Contractor's Bid In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the total sum of $16,875.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to 2 proceeding with the work covered under the subject amendment. ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE IX. INSURANCE The Contractor agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. 3 In the Presence of: : NTRA ?y: L-' 4)/(45.--490-)% 2tt ti 1 • i• A! i=CT L4 2;3/ (Seal of Contractor ( pecify T' if a Corporation.) • .._ 7.■ By: �y ORESeili Fi1 ,d =5 ( (Sp ci y Title) CITY OF OSHKOSH / /j By: .1/4r?� � t ,7 �_ %' 2� Mar Rohloff, City Man.ger Witness) t 0 '0-r��l, And: — ! "" (Witness) Pamela R. Ubrig, Ci �lerk 7 APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this A„.. , . _ dill,,.."--41;h 1 , ,... tl contract. City Atto W , aere, sz5:e0. .__D Comptroller 4 City of Oshkosh, Wisconsin lillir Invitation for Bids For Landscaping Services Otter Avenue Parking Lot May 31, 2012 City of Oshkosh P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 www.ci.oshkosh.wi.us 1 Table of Contents Part A- Notice to Vendors and Standard Terms and Conditions 3 Part B- General Information 7 Part C- Specifications 8 Part D- Insurance Requirements 15 Part E- Contractor Qualification Form 16 Part F- List of Subcontractors 17 Part G- Sample Contractor Agreement Form 18 Part H- Plan Set 19 Bid Proposal Form 20 2 Part A- Notice to Vendors City of Oshkosh Purchasing Division 1. Notice is hereby given that sealed bids will be received in the City Clerk's office, Room 104, City Hall, Oshkosh, Wisconsin for: Landscaping Services- Otter Avenue Parking Lot at 10:00 a.m. on Thursday, June 14, 2012 at which time all bids will be publicly opened and read. 2. It is the bidder's sole responsibility to insure that the bid is timely and physically received by the City Clerk's office prior to the deadline set forth in this notice. 3. All bids must be submitted in an envelope sealed by the bidder or designated representative. All bids should be addressed to the City Manager, c/o City Clerk's Office, City Hall, 215 Church Avenue, P.O. Box 1130, Oshkosh, WI 54903-1130. On the outside of the envelope, the bidder should distinctly indicate the name and address of the bidder and in the lower left corner should clearly indicate the envelope contains a sealed bid for: "Landscaping Services- Otter Avenue Parking Lot." Any bids not complying with these instructions will not be considered submitted to the City, and shall be returned to the bidder unopened and unread. 4. Submission of bid documents by facsimile equipment or electronic mail (email) will not be accepted. 5. This notice establishes a time by which sealed bids must be physically received by the City Clerk's office. No bids will be accepted after that deadline. Under no circumstances will bids be accepted and read when submitted at the place of bid opening even if presented before that deadline. 6. The City is not responsible for bids submitted in any other way except those submitted in strict conformance with these instructions. 7. A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the City prior to the specified time of opening. 8. All formal bids submitted shall be binding for thirty-five (35) calendar days following the bid opening date, unless the bidder(s), upon request of the Director of General Services, agrees to an extension. 9. Please check the attached City of Oshkosh Insurance Requirements for any bid bond and/or performance bond requirements. If the bid is accepted, the bidder must execute and file the proper contract within ten (10) business days after award by 3 the Common Council and receipt of the contract form for signature. In case the successful bidder shall fail to execute and deliver the Contract and Performance Bond within the time limited by the City, the amount of the bid bond shall be forfeited to the City of Oshkosh as liquidated damages. 10. The City reserves the right to reject any and all bids and waive any informality in bidding. 11. For specifications and further information concerning this invitation to bid, contact Jon Urben, General Services Bureau Manager, Room 401, City Hall or telephone (920) 236-5100. PUBLISH: May 31, 2012 Mark A. Rohloff, City Manager 4 Part A- Standard Terms and Conditions City of Oshkosh Purchasing Division 1. SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The City of Oshkosh shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. All prices shall exclude any Federal Excise Tax or State of Wisconsin Sales Taxes as the City of Oshkosh is exempt from such taxes and will furnish an exemption certificate, if requested by the successful bidder. 2. DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. Only proposals which are made out on the regular proposal form attached hereto will be considered. 3. QUANTITIES: The quantities shown on this request are based on estimated needs. The city reserves the right to increase or decrease quantities to meet actual needs. 4. DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 5. ACCEPTANCE-REJECTION: The City of Oshkosh reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the city. 6. ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 7. GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. 5 8. ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 9. APPLICABLE Law: This Contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The City of Oshkosh reserves the right to cancel any contract with a federally debarred contractor or a contractor which is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 10. SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the City of Oshkosh must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, the Rules of the Industrial Commission of Safety, and all applicable OSHA Standards. 11. MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s). 6 Part B- General Information The City of Oshkosh is requesting bids from interested firms for landscaping services for the Otter Avenue Parking Lot in Oshkosh, Wisconsin. Method of Award Award shall be made on the basis of the criteria below. Award is anticipated to be made as soon as possible following review of bid documents and Oshkosh Common Council approval of decision. Bidders will be notified indicating award of the contract. In determining the successful bidder, evaluation will be based on the following criteria: 1. Cost: bids shall be reviewed on competitiveness of cost. 2. Warranty and proposed project schedule 3. Responsiveness: bids and other required submittals shall be reviewed on fulfillment of requirements established in this IFB. This includes meeting or exceeding minimum specifications or approved equals. This also includes all other requirements pertaining to the bid schedule and other required forms. 4. Responsibility/Qualifications: references and/or qualifications form shall be reviewed to determine a bidder's demonstrated ability to provide all products and services specified in this IFB. Insurance, Bid and Performance Bond The successful bidder shall not commence work under this agreement until it has obtained all necessary insurance requirements under Part D- City of Oshkosh Insurance Requirements. Any bid and/or performance bond requirements for this project will also be listed under Part D. Contractor Qualification Form See Part E- City of Oshkosh Contractor Qualification Form. This form shall be furnished as part of the bid submittal. Contractor Agreement Template See Part G- City of Oshkosh Contractor Agreement. This is a sample template of the contractor agreement that will be completed with the successful bidder. Bidders do not need to sign or complete this form as part of their bid submittal. 7 Part C- Specifications Landscaping Services: Otter Avenue Parking Lot The following are minimum specifications for landscaping services for the Otter Avenue Parking Lot. Bidder will note any deviations in their bid submittal. PART 1: GENERAL 1.01 Owner and Contact Information A. The City of Oshkosh is the Owner of this project. B. The project manager is: Christopher Strong, P.E., Director of Transportation, City of Oshkosh, 926 Dempsey Trail, Oshkosh, WI 54902, e-mail: CStrong(aci.oshkosh.wi.us, phone number (920) 232- 5342. C. Project support is provided by: Bill Sturm, Chief Forester, City of Oshkosh, 805 Witzel Avenue, Oshkosh, WI 54902, e-mail: BSturmc ci.oshkosh.wi.us, phone number (920) 232-5314. 1.02 Description A. Provide trees, shrubs, groundcovers, and planting beds as shown and specified. The work includes: 1. Trees, shrubs, and groundcovers 2. Planting mixes 3. Mulch and planting accessories 4. Maintenance 1.03 Reference A. Comply with sizing and grading standards of the latest edition of "American Standard for Nursery Stock."A plant shall be dimensioned as it stands in its natural position. B. All plants shall be nursery grown under climatic conditions similar to those in the locality of the project for a minimum of two years. C. Stock furnished shall be at least the minimum size indicated. Larger stocks may be acceptable, at no additional cost, and providing that the larger plants not be cut back to size indicated. 8 1.04 Submittals A. Upon plant material acceptance, submit written maintenance instructions. 1.05 Delivery, Storage, and Handling A. Protect all plants from drying out. If plants cannot be planted immediately upon delivery, properly protect them with soil, with peat moss, or in a manner acceptable to the City of Oshkosh Forestry Division. Water heeled-in plants daily. No plant should be bound with rope or wire in a manner that could damage or break the branches. B. Cover plants transported on open vehicles with a protective covering to prevent wind burn. 1.06 Project Conditions A. Work notification: Notify City of Oshkosh Transportation Department at least 5 working days prior to installation of plant material. B. Protect existing utilities, paving, and other faculties from damaged caused by landscape operations. C. A complete list of plants and other materials, including a schedule of sizes, quantities, and other requirements, is provided on the attached drawings. In the event the quantity discrepancies or material omissions occur in the plant materials list, the planting plans shall govern. 1.07 Warranty A. Inspection of plants will be made by the Owner at completion of the planting. B. Remove and immediately replace all plants, as determined by the Owner, found to be unsatisfactory during the initial planting installation. C. Warrant plant material to be alive and be in healthy, vigorous condition for a period of 1 year after completion and acceptance of the entire project. 1. Replace, in accordance with the drawing and specifications, all plants that are dead, or as determined by the Owner, are in unhealthy or unsightly condition. 9 2. Warranty shall not include damage or loss of trees, plants, or groundcovers caused by floods, fires, freezing rains, lightening storms, or winds over 75 miles per hour, winter kill caused by extreme cold and severe winter conditions not typical of planting area, acts of vandalism or negligence on the part of the Owner. PART 2: PRODUCTS 2.01 Materials A. Plants: provides plants typical of their species or variety; with normal, densely developed branches and vigorous, fibrous root systems. Provide only sound, healthy, vigorous plants free from defects, disfiguring knots, sunscale injuries, frost cracks, abrasion of the bark, plant diseases, insect eggs, borers, and all formations of infestation. All plants shall have a fully developed form without voids and open spaces. Plants held in storage will be rejected if they show signs of growth during storage. 1. No plant variety substitutions will be allowed unless approved by the Owner. 2. Dig balled and burlap plants with firm, natural balls of earth of sufficient diameter and depth to encompass the fibrous and feeding root system necessary for full recovery of plants. Comply ball size complying with the latest edition of the "American Standard for Nursery Stock."Cracked or mushroomed balls are not acceptable. 3. Container grown stock: Grown in a container for sufficient length of time for the root system to have developed to hold its soil together, in form and whole. a. No plants shall be loose in the container b. Container stock shall not be root bound 4. Plants larger than those specified in the plant list may be used when acceptable to the Owner. 5. Deciduous trees shall meet the requirements for spread and height indicted in the plant list. a. Provide tree species that mature at heights over 25'with a single main trunk. Trees that have a main trunk forming a "Y" shape are not acceptable. 10 b. No pruning wounds shall be present with a diameter of more than 1"and suck wounds must show vigorous bark on all edges. 6. Shrubs and small plants shall meet the requirements for spread and height indicated in the plant list. a. The measurements for height shall be staked from the ground level to the average height of the top of the plant and not the longest branch. b. Single stemmed or thin plants shall not be accepted. c. Plants shall be in a moist, vigorous condition, free from dead wood, bruises, or other root or branch injuries. 2.02 Accessories A. Mulch: Shredded Hardwood. B. Plant stakes: 7'x 2"x 2" hardwood stakes, sharpened at one end. PART 3: EXECUTION 3.01 Inspection A. Examine proposed planting areas and conditions of installation. Do not start planting work until unsatisfactory conditions are corrected. 3.02 Preparation A. Planting shall be preformed only by experienced workmen familiar with planting procedures under the supervision of a qualified supervisor. B. Locate plants as indicated or as approved in the field after staking by the Contractor. If obstructions are encountered that are not shown on the drawings, do not proceed with the planting operations until alternate plant locations have been selected. 3.03 Installation A. Planting: Set plant material in the planting pit to proper grade and alignment. Set plants upright, plumb, and face to give the best appearance or relationship to each other or adjacent structure. Set plant material 2" to 3" above finished grade. No filling will be permitted around trunks or stems. Back fill pit with planting mixture. Remove all burlap, ropes, and wires from the tops of balls. Do not use frozen or 11 muddy mixtures for backfilling, form a ring of soil around the edge of each planting pit to retain water. B. Fertilizing: Install four, 5 year, slow release fertilizer packets around trees 6"-8" deep. Install two, 5 year, slow release fertilizer packets around all shrubs 6"-8" deep. C. Mulching: Mulch tree pits and planters immediately after planting. D. Pruning: 1. Prune branches of deciduous stock, after planting, to remove or cut back broken, damaged, and asymmetrical growth of new wood. 2. Multiple leader plants: Preserve the leader which will best promote the symmetry of the plant. Cut branches flush with the trunk or main branch, at a point beyond a lateral shoot or bud a distance not less than 1/2"the diameter of the supporting branch. Make cut on an angle. 3. Prune evergreens only to remove broken or damaged branches. E. Tree staking: All trees 1-1/2" in size or larger will be staked. Staking shall be done with two 7' hardwood stakes, buried no less than 32" in the ground. Stakes will be placed parallel to tree, 2-1/2" from trunk. 3.04 Maintenance A. Maintain planting for a period of as least one (1) year after completion. B. Maintenance shall include pruning, cultivation, weeding, watering and application of appropriate insecticides and fungicides necessary to maintain plants free of insects and disease. 1. Re-set settled plants to proper grade and position. Restore planting saucer. 2. Tighten and repair guy wires and stakes as required. 3. Correct defective work as soon as possible after deficiencies become apparent and weather and season permit. 4. Water trees, plants flower beds within the first 24 hours of initial planting and twice per week (in the absence of rain). 3.05 Acceptance 12 A. Inspection to determine acceptance of planted areas will be made by the Owner, upon contractor's request. Provide notification as least 5 working days before requested inspection date. 1. Planted areas will be accepted provided all requirements, including maintenance, have been complied with and plant materials are alive and in a healthy and vigorous condition. B. Upon acceptance, the warranty period and plant maintenance period will begin. 3.06 Cleaning A. Perform cleaning during installation of the work and upon completion of the work. Remove from site all excess materials, soil, debris, and equipment. Repair damage resulting from operations PART 4: EXISTING CONDITIONS 4.01 Surface Conditions A. The work is to be performed in and on the perimeter of a heavily-used municipal parking lot. Contractor shall take measures to ensure that vehicles, equipment and materials have a minimal impact on the availability of parking spaces. 4.02 Sub-surface Conditions A. The parking lot was reconstructed in 2011, which resulted in soil improvements in the areas to be landscaped under this contract. Areas to be landscaped will normally have a minimum of 6 inches of clean topsoil and/or clean clay or dirt backfill. B. The northern biofilter (Biofilter 1) has approximately 26 1/4" depth of engineered soil below the hardwood mulch. The southern biofilter (Biofilter 2) has approximately 22 1/2"depth of engineered soil below the hardwood mulch. Beneath the engineered soil in each biofilter is 4" pea gravel, a 6"sand layer, and a 3" sand/native soil interface. C. A copy of the plan set used for construction is attached for reference. PART 5: PLANTINGS 5.01 Plan Set A. Plantings shall be installed according to the plan set, unless directed otherwise by the City of Oshkosh. 13 . .............. . B. The plan set for the plantings includes the following documents: 1. Plant List/ Landscaping Plan 2. Planting Details 14 Part D—City of Oshkosh Insurance Requirements 15 OJHKOJH ON THE WATER Insurance Requirements for the City of Oshkosh Revised: May 9, 2012 Revised: December 21, 2011 Revised: March 31, 2011 Original: January 14, 2011 1/14111 City of Oshkosh Insurance Requirements INTRODUCTION It is important that the City of Oshkosh is adequately protected from loss due to the negligence of others (contractors, suppliers, vendors, etc.) who are working for, with, or on behalf of the City of Oshkosh. To help achieve this goal, the City of Oshkosh requires that other parties carry a certain level of insurance that will protect, defend and indemnify the City from losses arising out of their activities or from their products. The following standards have been established to help provide direction and consistency for City of Oshkosh Departments. Until the appropriate certificate of insurance verifying the required coverage is obtained, the City of Oshkosh will NOT be issuing a license, permit or entering into a contract. Insurance requirements for jobs or activities such as asbestos abatement, pollution clean up, oil recycling, hazardous waste removal, or any new contract or activity where it is not clear what level of insurance should be required will be determined by the City Attorney and the Safety & Risk Management Coordinator. The City Attorney and/or the Safety & Risk Management Coordinator are responsible for the review of all certificates of insurance to determine if they meet the insurance requirements. There may be times when an organization or contractor can not meet the insurance requirements. Any significant variance from the standards must be authorized by the City Attorney and/or the Safety & Risk Management Coordinator. 1114/11 CITY OF OSHKOSH INSURANCE REQUIREMENTS I. CONTRACTOR'S INSURANCE WITH BOND AND PROPERTY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY, BONDS &PROPERTY A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit(other than Products–Completed Operations) per project $2,000,000 4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit—any one fire $50,000 6. Medical Expense limit—any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)"if' the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of$1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products–Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol#1–"Any Auto" basis. C. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime(Jones Act) or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of$10,000. - 1 1/1411 1 E. Aircraft Liability, "if" the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of$3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. Property Insurance Coverage to be provided by the contractor, if the exposure exists. 1. The"property" insurance amount must be at least equal to the bid amount, plus or minus any change orders. It must also include value of Engineering or Architect fees relating to the property. 2. Covered property will include property on the project work sites, property in transit, and property stored off the project work sites. 3. Coverage will be on a Replacement Cost basis. 4. The City of Oshkosh, City of Oshkosh Consultants, architects, architect consultants, engineers, engineer consultants, contractors, and subcontractors will be added as named insureds to the policy. 5. Coverage must be written on a "special perils" or "all risk" perils basis. Coverage to include collapse. 6. Coverage must include coverage for Water Damage (including but not limited to flood, surface water, hydrostatic pressure) and Earth movement. 7. Coverage must be included for Testing and Start up. 8. If the exposure exists, coverage must include Boiler& Machinery coverage. 9. Coverage must include coverage for Engineers and Architects fees. 10. Coverage must include Building Ordinance or Law coverage with a limit of at least 5% of the contract amount. 11. The policy must cover/allow Partial Utilization by owner. 12. Coverage must include a "waiver of subrogation" against any named insureds or additional insureds. 13. Contractor will be responsible for all deductibles and coinsurance penalties. G. Builder's Risk / Installation Floater / Contractor's Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. H. Also, see requirements under Section 3. 1 - 2 1/14/11 I. Bond Requirements 1. Bid Bond. The contractor will provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. 2. Payment and Performance Bond. If awarded the contract, the contractor will provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract's execution. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A-and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. 3. APPLICABLE TO CONTRACTORS/SUBCONTRACTORS/SUB-SUB CONTRACTORS, A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must include Products—Completed Operations equivalent to ISO form CG 20 37 for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk —City of Oshkosh. - 3 "v LY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. • IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemeM(s). PRODUCER CONTACT Insurance Agency contact NAME: .__........_._._—__.___._—. Insurance Agent's .-......_-_._—_._................—......__...._...__._._._.._.._._. lnformatlon,Including street PHONE AX address and PO Box H contact information. ANC.No): applicable. EMAIL ADDRESS: NSURER(S)AFFORDING COVERAGE ........_._.__..NAIC a INSURER A: ABC Insurance Comany ._—.—-_-- NAIC# INSURED insureds contact information, I NAIC# including name addrsss and IN SURER SURER B: XYZ Insurance Company phone number. INSURER C: LMN Insurance Company E NAIC# NSURER D: insurers)must have a minimum A.M.Best rating of A- I and a Financial Performance Rating of VI or better. INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE AMY 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. ......_. _._._.__._. INSR ADDLiSUBRI POLICY EFF i POUCY EXP i LTR TYPE OF INSURANCE INSR i WVDI POLICY NUMBER (MMIDDIYYY) I (MM/DO/YYY) I UMITS OENERALUABILnY EACH OCCURRENCE $1,000,000 • • i DAMAGE TO RENTED El COMMERCIAL GENERAL UABILITY ® ❑ 1 General Liability Policy Number Policy effective and expiration date.' PREMISES(Ea occurrence) $50,000 • A ❑CLNMS MADE OCCUR ; MED EXP(Any one person) $5,000_.._._....._.._........_• ® ISO FORM CG 20 37 OR EQUIVALENT PERSONAL&ADV INJURY $1,000,000 ❑ GENERAL AGGREGATE $2,000,000 GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $2,000,000 • ❑ L $ • • AUTOMOBILE LIABILITY (Ea COMBINED SINGLE INGLE LIMIT $1,000,000 • • • •• • ®ANY AUTO ® I ❑ ' Auto Liability Policy Number I Policy effective and expiration date.' ;BODILY INJURY(Per person) $ B ❑ALL OWNED ❑ SCHEDULED AUTOS AUTOS :BODILY INJURY(Per accident) $ ❑HIRED AUTOS ❑ NON-OWNED ' 'P ROPERTY DA MAGE $ _ — AUTOS (Per acddent) ❑ ❑ $ O ® 1 ❑ CCUR •EACH OCCURRENCE $2,000,000 ® ®UMBRELLA LIAR A 0 EXCESS UAB ❑ CMS-MADE Umbrella Uabtily Policy Number 'Policy effective and expiration date.' AGGREGATE $2,000,000 • ❑DED Ell RETENTION 510,000 $ C AND SL LJABLITY ; ❑ I 0 I . , , . Z TORY LIMITS;❑ OER ANY PROPRIETOR/PARTNERiEXECUTIVE • • OFFICE/MEMBER EXCLUDED? Y i N j i Workers Compensation Policy 'Policy effective and expiration date.I E.L EACH ACCIDENT_........._.............__100,000 (Mandatary In NH) N Number EL DISEASE-EA EMPLOYEE $100,000 If yes,describe under I • j DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 • • ❑ j ❑ I i I i . DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,H more space Is required) Additional Insureds on all Liability Policies arising out of project work shall be City of Oshkosh,and it's officers,council members,agents, employees and authorized volunteers. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk—City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:City Clerk Insurance Standard I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue THE EXPIRATION DATE,THEREOF,NOTICE WILL BE DELIVERED IN PO Box 1130 SAMPLE CERTIFICATE ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh,WI 54903-1130 Please indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. ©1988-2010 ACORD CORPORATION. All rights reserved. Acord 25(2010/05) The ACORD name and logo are registered marks of ACORD Part E- City of Oshkosh Contractor Qualification Form 16 CITY OF OSHKOSH CONTRACTOR/BIDDER QUALIFICATION FORM Company Information Company Name: Complete Address: Phone: Fax: State Contractor's License#: State Public Works Contractor's License#: Other Applicable Licenses: Union Affiliation: Work Trades Performed: Type of Company: [ ] Corporation [ ] Partnership [ ] Sole Proprietorship Federal Tax ID#: Company Contact: Email Address: Date Formed: Number of Employees: Salaried: Hourly: Bank Reference Lenders Name and Address Lending Officers Name and Phone Number Completed Projects List four(4)representative projects completed in the last five(5)years Project Name Contracting Company Contact Name/Phone# Contract Amount Current Projects List four(4)representative projects currently under construction Project Name Contracting Company Contact Name/Phone# Contract Amount Trade References List three(3)of your subcontractors or suppliers Company Name Address Phone# Contact Name Client References List three(3)clients Company Name Address Phone# Contact Name Other Information In the past five years has your company failed to complete a contract or had a contract terminated? []Yes []No In the past five years,has your company had any liens filed against it by any subcontractors or suppliers? []Yes []No Has your company ever had liquidated damages assessed against it?[]Yes []No Has your company or any of its employees been involved in a lawsuit related to a project? []Yes []No Has your company been investigated for any violations of local,state,or federal laws? []Yes []No Has your company or any of its employee's been investigated for violation of any labor laws? []Yes []No Provide a detailed description of the circumstances behind any"yes"answers given above below: Part F- List of Subcontractors 17 LANDSCAPING SERVICES —OTTER AVENUE PARKING LOT LIST OF SUBCONTRATORS 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 his own organization work amounting to at least 30 percent (30%) of the original Contract amount. If the Contractor shall sublet any part of this Contract, the Contractor shall be as fully responsible to the Owner for the acts and omissions of his Subcontractor and of the persons either directly or indirectly employed by his Subcontractor as he is by acts or omissions of persons directly employed by himself. 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 Owner. 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 himself. NAME OF SUBCONTRACTOR CLASS OR ITEMS OF WORK 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). Signature of Bidder 2 Part G- City of Oshkosh Sample Contractor Agreement 18 CONTRACTOR AGREEMENT- SAMPLE THIS AGREEMENT, made on the day of , 2012 by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and , hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Name, Title) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Name, Title) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the Contractor' s Proposal dated . If anything in the Contractor's proposal conflicts with this agreement, the provisions in this agreement shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the 1 City. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed by ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $ , adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services to be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City 2 may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project are identified on a separate document. ARTICLE VI. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONTRACTOR /CONSULTANT By: (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) 3 CITY OF OSHKOSH By: — >,�, �i ` ( t". 1,1' Mark A. hl ff, Ci ty Manager er (W ess) And (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City Attorney City Comptroller 4 PART H: Plan Set 19 BID PROPOSAL FORM iG ��ML PROJECT: Landscaping Services, Otter Avenue Parking Lot, City of Oshkosh, Wisconsin From: 60vt t.tAr CA' ' , t � -o2. 1N-14- (bidder's company name) BID PROPOSAL DEADLINE: 10:00 a.m., June 14, 2012 (late submittals will not be accepted). Mandatory Bid Submittal Requirements Checklist: {?<] Bid Proposal Form [X] Contractor Qualification Form ['>4] List of Subcontractors Form Lx] Bid Bond [x] Certificate of Insurance Addenda: Receipt of Addenda numbered /V of /+A are hereby understood, acknowledged and included in bidder's bid proposal form. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount: TOTAL BID: $ /6, p23100 Date: JANE 1', 2o12 Name of Company: 6�vg-2c.eAF`AA)n ,�� T�►c ( - Tt9 , L . Submitted by: (name/title) L HZt31opt-IEJ2 2 E(;LE-2 ,LA,dbsc e A264, , pLi4 231 Email address: Chrns&4,1o✓erleaci -a5caping -tom Address of Company: 7j or/ -R ` Oi-IY_ sta (A)? _s-Ltq cJ Phone: (q2O Z35.--/200 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 ha - ull authority to make such statements and submit this Proposal in (its) eir behalf, and that said statements are true and correct. Signature �_ - Title bi^x' pE A ∎TEL,T,12tA23( 20 CITY OF OSHKOSH ORIGINAL. CONTRACTOR/BIDDER QUALIFICATION FORM Company Information Company Name:floor ZE/1 r WE-7--/qic Complete Address: 20 E o)01.3 Ty t. X, O,9-I Kas1-I , (.3) , 5Po/ Phone:` 20 7 -/200 Fax: (92 235-1212 State Contractor's License#: N��1 State Public Works Contractor's License#: "4 Other Applicable Licenses: ►JA Union Affiliation: �pN Work Trades Performed: ZANY SGA pI f--N4 Type of Company:ICJ Corporation [ ] Partnership [ ] Sole Proprietorship Federal Tax ID#: ���X17 f 969 Company Contact: G f R'.STvpi4ER 2'E LE Email Address: Ch63&Cloverl 'lar)� . ?i nc3 . Loin Date Formed: 199.q Number of Employees: Salaried: 3 Hourly: 10 Bank Reference Mn 0 �. r-tnel% ac 'RMo Kaht'4'5 ' 4110 NA 1 SlrEawahr5 (.e71 Lenders Name and Address Sim M er f- 7 15 - ScZi,--7 414 6 Lending Officers Name and Phone Number Completed Projects List four(4)representative projects completed in the last five(5) years Project Name Contracting Company Contact Name/Phone# Contract Amount i=YEA�u +c IZo t c .110-4 i9rR ()Cy (92o)'199-8786 43,oaf,— i 1, r- 4- f r czo 26 it fry 0°1-levL-o51,4& f Cr?1F5E( ii . t �tErECg2o)235-2420 ' 10, ap,D 4143 46 r. Vn2�J l j, " lam ..d /r 2c L/6, -moo$ ,G Current Projects List four(4)representative projects currently under construction Project Name Contracting Company Contact Name/Phone# Contract Amount YSwIK7Z1P - KLAN I; }�. 1.E'AI 0i2 .F� (608)773 -6'/61 Jt3 00o 71.),A1-0 ,1 t= CLAFF' R'vti-TL �x3 1-24/15--- (fit s) I/26-0427 113,DIX? Y _ '�c ezz z%J�CF 1 M zs (i2 75 2 -4 7,o ORIGINAL Trade References List three(3)of your subcontractors or suppliers Company Name Address Phone# Contact Name 71E4)R1,-"ati4/AX-4 BDSa2ti,6RE'SO at/,u, ,5-t 7 T--Bp E--A2zo (172o 983-64//2- T WM A i NiOCZSE121 t 061 A rn i r w,,9-t22c7 A c r e s (q 2-0)/4 6 8-C'222 VAJoF,ai3F-124 1(24X0 Nggs0 4,Pras-).6cR uodA, wt 5ztt30 Mio( •a(3E24(92O) 7 Client References List three(3)clients Company N e Address Phone# Contact Name 442WPCtiaZ in 611f 44e 0911CD w 1 Q01 Ku¢r 6F-RDL'R (q20)'126.-1q73 L4 4 L I / Pio tie I C A T o54cov Lai,54C©l Y,�,.1�c, 020 23!5320 1Zo -b /t2opfv) -r 1365 WtE-7 Pp, .�t i Fri pE;,o R9 i,IA);...51/3/3 Kw 4 61R.Ai ovtz. 026)111t7.-67g Other Information In the past five years has your company failed to complete a contract or had a contract terminated? []Yes ><No In the past five years,has your company had any liens filed against it by any subcontractors or suppliers? []Yes No Has your company ever had liquidated damages assessed against it? []Yes , No Has your company or any of its employees been involved in a lawsuit related to a project? [] Yes KNo Has your company been investigated for any violations of local, state, or federal laws? [] Yes )(No Has your company or any of its employee's been investigated for violation of any labor laws? []Yes)(No Provide a detailed description of the circumstances behind any"yes"answers given above below: • ORIGINAL LANDSCAPING SERVICES — OTTER AVENUE PARKING LOT LIST OF SUBCONTRATORS 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 his own organization work amounting to at least 30 percent (30%) of the original Contract amount. If the Contractor shall sublet any part of this Contract, the Contractor shall be as fully responsible to the Owner for the acts and omissions of his Subcontractor and of the persons either directly or indirectly employed by his Subcontractor as he is by acts or omissions of persons directly employed by himself. 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 Owner. 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 himself. NAME OF SUBCONTRACTOR CLASS OR ITEMS OF WORK I hereby certify that the use of the name(s) of the above Subcontractor(s) was with the knowledge a : : ORIGINALCLOVE-3 OP ID: CD ACORCP DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/25/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 920330-9000 CONTACT Alliance 38 Market Street Centers LLC 920.330-9001 (NC No.Ext): FAX N 3138 (NC,No): Green Bay,WI 54304 ADDR : Scott Swain _ 1NSURER(S)AFFORDING COVERAGE _ NAIC M INSURER A:Wilson Mutual Insurance Co. 19950 INSURED Cloverleaf Landscaping& INSURER B: Retail Center,Inc. 20 East County Road Y INSURER C: Oshkosh,WI 54901 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 3200080870 04109/12 04/09/13 DAMAGES( RENTED 100000 PREMISES(Ea occurrence) $ , CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO- JECT $ JECT AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ A _ ANY AUTO 3200080870 04/09/12 04/09113 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AUTOS NED PeraEident) E $ auros $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS UAB CLAIMS-MADE 3200080870 04/09/12 04/09/13 AGGREGATE $ 2,000,000 DED X RETENTION$ 10000 $ WORKERS COMPENSATION X TWY ATU-S 0R- AND EMPLOYERS'LIABILITY Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE N I A 3200080870 04109/12 04/09113 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 Ifyes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 I � � DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cloverleaf Landscaping & THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P 9 ACCORDANCE WITH THE POLICY PROVISIONS. Retail Center Inc 20 East County Road Y AUTHORIZED REPRESENTATIVE Oshkosh,WI 54901 Scott Swain ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • Best's Credit Rating Center - Company Information for Wilson Mutual Insurance Company Page 1 of 2 RI INAL Ratings & na ysis Center Regional Centers:Asia-Pacific{Canada I Europe,Middle East and Africa Home I About Us I Contact Us I Sitemap a-For ratings and product access Login I Sion-up Ratings&Analysis ,• Wilson Mutual Insurance Company Print this page »Horne Methodology A.M.Best 0:001964 NAIC 0:19950 FEIN 0:390739760 Best's Credit Ratings+ Address:P.O.Box 1340 Assigned to Rmncwi tgtiYf tt�3n Financial Strength Rating p �' 0.. Sheboygan,WI 53082-1340 companies Issuer Credit Rating p of ST Debt Rating United States that have,in A BtealloM Advanced Search Web:www.wilsonmutual.com our opinion, »About Bests Credit Ratings+ Phone:920-458-3359 an excellent ability to meet their Get a Credit Rating+ Fax:920-458-3362 ongoing insurance obligations. Best's Special Reports »Add Bests Credit Ratings Search Based on A.M.Best's analysis,018236-Motorists Insurance Pool is the AMB Ultimate To Your Site Parent and identifies the topmost entity of the corporate structure.View a list of operating BeslMark for Secure-Rated insurance entities in this structure. Insurers [Best's Credit Ratings »Contact an Analyst -"--- ---- ---_-- --_.. _.-."__.- --- ---- ---_ -- --View all of the related companies assigned this rating as a single »Awards and Recognitions entity, g 9 9 Bests Credit Rating Analyst _ News&Analysis Financial Strength Ratin_gView Definition _-- Office:A.M.Best Company Products&Services Rating: A(Excellent) Senior Financial Analyst:Kenneth E.Tappen I Industry Information i Assistant Vice President:Joseph A.Burtone Financial Size Category: X($500 Milton to$750Million) I Corporate Outlook: Negative Regulatory Affairs + Action: Affirmed Support&Resources Effective Date: May 07,2012 uDenotes Und@!Rayew Rest's R Elva Conferences and Events .---- _._ __._ _......_._.— -_ rIssuer Credit R Ratite View Definition Long-Term: a Find a Rests.Credit Rating Outlook: Negative Action: Affirmed »EAdvancedrSeardt arte 'xGo Date: May 07,2012 [Reports and News - --- I r'10 FIVIt66.6A'41E4 _ Visit Best's News and Analysis site for the latest news and press releases for this company and its AM Best Group. AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with View Rating Definitions comprehensive analytical commentary detailed business overview and key financial data. Select one 1 Report Revision Date'6/5/2012(represents the latest significant change). Historical Reports are available in AMB Credit Report-Insurance Professional Archive. Best's Executive Summary Reports(Financial Overview)-available in three versions.these presentation style reports feature balance sheet,income statement,key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2012 Best's Statement File-P/C,US Contains data compiled as of 6/8/2012 Quality Cross Checked. • Single Company-five years of financial data specifically on this company. • Comparison -side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite -evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. witi Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided in the most current edition of Best's Key Rating Guide products.(Quality Cross Checked). AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts and tables.Each report also features the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 6/8/2012 Quality Cross Checked Financial and Analytical Products ""-- — --- Best's Key Rating Guide-P/C,US&Canada Best's Statement File-P/C,US Best's Statement File-Global Best's Insurance Reports-P/C,US&Canada Best's State Line-P/C.US Best's Insurance Expense Exhibit(IEE)-P/C US Best's Schedule F(Reinsurance)-P/C,US Best's Schedule D(Municipal Bonds)-US Best's Schedule D(Common Stocks)-US http://www3.ambest.com/ratings/entities/SearchResults.aspx?URatingId=2227864&b1=0&... 6/14/2012 Best's Credit Rating Center - Company Information for West Bend Mutual Insurance Co... Page 1 of 2 ORIGINAL Ratings & Analysis Center Regional Centers:Asia-Pacific I Canada Europe,Middle East and Africa Home I About Us I Contact Us Sitemap aji For ratings andproduG access Login I Sign-up Bend Ratings&Analysis West Bend Mutual Insurance Company L 1 Print this page Home Methodology A.M.Best e:000964 NAIC 0:15350 FEIN 9:390698170 Best's Credit Ratings+ Address:1900 South 18th Avenue Assigned to Fi1n.of t5lnn Rhin »Financial Strength Rating g �' 9 Issuer Credit Rating West Bend,WI 53095 companies .Wi Debt Rating United States that have,in A Excallort Advanced Search Web:www.thesilverlining corn our opinion, »About Bests Credit Ratings+ Phone:262-334-5571 an excellent ability to meet their Get a Credit Rating+ Fax:262-334-9109 ongoing insurance obligations. „Best's Special Reports Best's Credit Ratings - - Add Best's Credit Rattngssearch L.._..._. _.._..._ ._..__.. .__ ._..__. __.._ ..._._. To Your Site -- ---.-- .. -- ---, Financial Strength Rating g Vie View Definition Best's Credit Rating Analyst »BestMark for Severe-Rated - -- --- --- -- - - - Insurers Rating: A(Excellent) Office A .Best Company Contact an Analyst Financial Size Category: X($500 Milton to$750Million) Financial Analyst Adrienne Tortoriello Awards and Recognitions Outlook: Stable ; Managing Senior Financial Analyst:Jennifer Marshall, News&Analysis Action: Affirmed CPCU,ARM Products&Services Effective Date: May 24,2012 ___-- --- __-- -- u Denotes cinder Review Best's Rating Industry Information r Corporate Dssuer Credit_Rating View Definition Regulatory Affairs Long-Term: a Support&Resources Outlook: Stable Action: Downgraded Conferences and Events Date: May 24,2012 hind a Be.ri'c('redit Rating 1 [Reports and News - Enter a Corrpany Name uG '�. Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. »Advanced Search -r-- AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. a rat _ w Report Revision Date:6/5/2012(represents the latest significant change). • rr.= =- Historical Reports are available in AMB Credit Report-Insurance Professional Archive. View Rating Definitions Select one r - - Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports feature balance sheet,income statement,key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2012 Best's Statement File-P/C,US Contains data compiled as of 6/8/2012 Quality Cross Checked • Single Company-five years of financial data specifically on this company. • Comparison -side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite -evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. ofill Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided in the most current edition of Best's Key Rating Guide products.(Quality Cross Checked). AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts i"['[ and tables.Each report also features the latest Best's Ratings.Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 6/8/2012 Quality Cross Checked. [Financial and Analytical Products -- -- Best's Key Rating Guide-P/C,US&Canada Best's Statement File-P/C,US Best's Statement File-Global Best's Insurance Reports-P/C,US&Canada Best's State Line-P/C,US Bests Insurance Expense t_(1EE1-P/C,_US Best's Schedule F(Reinsurance)-P/C,US Best's Schedule D(Municipal Bonds)-US Best's Schedule D(Common Stocks)-US Best's Schedule D(Preferred Stocks)-US Best's Corporate Changes and Retirements-P/C,US/CN Best's Schedule PiLOss Reserves)-P/C,US_ Best's Schedule D-Hybrid-P/C&L/H,US http://www3.ambest.com/ratings/entities/SearchResults.aspx?URatingld=22278 64&b1=0&... 6/14/2012 014iGI NAB. WEST BEND A MUTUAL INSURANCE COMPANY* Bond Number 0856335 Bid Bond KNOW ALL BY THESE PRESENTS, That We, Cloverleaf Landscaping&Retail Center,Inc. as Principal, and WEST BEND MUTUAL INSURANCE COMPANY, a corporation organized under the laws of the State of Wisconsin and having its principal office in Middleton, Wisconsin, in said State, as Surety, are held and firmly bound unto City of Oshkosh,P.O. Box 1130,Oshkosh,WI 54903-1130 as Owner, in the full and just sum of Five Percent ( 5.00 %)of amount bid for the payment whereof said Principal binds its heirs, administrators, and executors and said Surety binds itself, its successors and assigns firmly by these presents WHEREAS, said Principal has submitted to said Owner a bid or proposal for Landscape Services-Parking Lot NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if within Sixty days hereof and in accordance with said proposal a contract shall be awarded to said Principal and the said Principal shall enter into a contract for said work and shall furnish bond with surety as required for its faithful performance then this obligation shall be void, otherwise remain in full force and virtue. Signed and Sealed this 14 day of June , 20 12 Principal: 1 Clo■ ,rlc.•c : -.ing c 'e ai .-. _r,In y; ���. SEAL) Witness: _ Name Typed: Barry S o President 11111/alp/ Title Surety West end Mut I ra�•- o •ar By: `-� (SEAL) .44a Witness: , Name Typed:PATRICK WALSH ,Attorney-In-Fact Title Agency Name: ALLIANCE INSURANCE CENTERS LLC Address: 3138 MARKET STREET GREEN BAY ,WI 54324 Phone Number: (920)330-9000 MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236. NB 0192 02 08 Page 1 of 1 8401 Greenway Blvd. Suite 1100 I Middleton,WI 53562 I Phone: (608)410-3410 I Fax: (877)674-2663 I www.thesilverlining.com WEST BEND ORIGINAL 0856335 A MUTUAL INSURANCE COMPANY` Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: PATRICK WALSH lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Four Hundred Thousand Dollars($400,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate;al to be hereto duly attested by its secretary th• 1st day arch, 2009.• Attest 1 _ � ! nvs� •. _1 RPaRAT '`'•`' ••, Ja J. Patti 't`� F':�;': Kevin A. Steiner Se to ry SEAT. ' ' Chief Executive Officer/President �: State of Wisconsin ........... County of Washington "'"' On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin;that he is the President of West Bend Mutual Insurance Company,the corporation described in and which executed the above instrument; that he knows the seal of the said corporation;that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. p. �y�`<.. * NOTARY * 1 John well PUBLIC ? Executive Vice President-Chief Legal Officer 9�� ..... Qty Notary Public,Washington Co.WI My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 14 day of June , 2012 aoRPoRArF7: C-7---42,a, :r-;� SEAT. Dale J. Kent '•w' ..0,;§; Executive Vice President- Chief Financial Officer Notice: Reproductions are not binding on the company. kV estions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 8401 Grecnway Blvd. Suite 1100 I P.O. Box 620976 I Middleton, WI 53562 I ph (608) 410-3410 I www.thesilvcrlining.com Best's Credit Rating Center - Company Information for Wilson Mutual Insurance Company Page 1 of 2 ORIGINAL Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada(Europe,Middle East and Africa Home I About Us I Contact Us I Sitemap 4-For ratings and product access Login[Sign-up Ratings&Criteria Wilson Mutual Insurance Company lPJ Print this page »Home »Methodology A.M.Best#:001964 NAIC#:19950 FEIN#:390739760 »Best's Credit Ratings+ Address:P.0 Box 1340 »Financal Strength Rating Assigned to Fitwoo41Efrgnplh Rallny._. »Issuer Credit Rating Sheboygan,WI 53082-1340 companies .nclIen1 United States that have,in »Debt Rating A 8rt911oert Advanced Search Web:www.wilsonmutual com our opinion, About Bests Credit Ratings+ Phone:920-458-3359 an excellent ability to meet their »Get a Credit Rating+ Fax:920-458-3362 ongoing insurance obligations. Best's Special Reports Add Bests Credit Ratings Search Based on A .Best's analysis,018236-Motorists Insurance Pool is the AMB Ultimate To Your Site Parent and identifies the topmost entity of the corporate structure View a list of operating »BestMark for Severe-Rated insurance entities in this structure. Insurers Best's Credit Ratings - - --- - - -- Contact an Analyst ..__._ Awards and Recognitions View all of the related companies assigned this rating as a single Best's Credit Rating Analyst entity — News&Analysis-- -Financial Strength Rating View Definition --- Office'A .Best Company Products&Services Rating: A(Excellent) Senior Financial Analyst:Kenneth E Tappen Industry Information Assistant Vice President:Joseph A.Burtone ry ! Financial Size Category: X($500 Milton to$750 Million) Corporate Outlook: Negative Regulatory Affairs Action: Affirmed Support&Resources Effective Date: May 07,2012 u Denotes Under Revew Best's R t g Conferences and Events - --_ ----_ ---- Issuer Credit Rating View Definition j Long-Term: a l-rnd a Bes-i's Credti Rating Outlook: Negative Enter a Company Name Action: Affirmed »Advanced Search ------ ,, Date: May 07,2012 Reports and News » Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with f-Jew Rating Definitions comprehensive analytical commentary,detailed business overview and key financial data Select one Report Revision Date.6/28/2012(represents the latest significant change). r-- Historical Reports are available in AMB Credit Report-Insurance Professional Archive. Best's Executive Summary Reports(Financial Overview)-available in three versions these presentation style reports feature balance sheet income statement,key financial performance tests including profitability liquidity and reserve analysis. Data Status:2012 Best's Statement File-P/C.US Contains data compiled as of 6/30/2012 Quality Cross Checked. • Single Company-five years of financial data specifically on this company. • Comparison -side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite -evaluate This company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as FPOr provided in the most current edition of Best's Key Rating Guide products(Quality Cross Checked). AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts ' and tables.Each report also features the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 6/30/2012 Quality Cross Checked. Financial and Analytical Products Best's Key Rating Guide_-P/C US&Canada Best's Statement File-P/C,US Best's Statement File-Global Best's Insurance Reports-P/C,US&Canada Best's State Line-P/C.US Best's Insurance Expense Exhibit(IEE)-P/C.US Best's Schedule F(Reinsurance)-P/C,US Best's Schedule D(Municipal Bonds)-US Best's Schedule D(Common Stocks)-US http://www3.ambest.com/ratings/entities/SearchResults.aspx?URatingld=2227864&b1=0&... 7/2/2012 WEST BEND A MUTUAL INSURANCE COMPANY° Bond Number 0856335 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That Cloverleaf Landscaping&Retail Center,Inc. of 20 E County Road Y,Oshkosh,WI 54901-8146 (Name and address of the Contractor) as Principal, hereinafter called Principal, and WEST BEND MUTUAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh of P.O. Box 1130,Oshkosh,WI 54903-1130 (Name and address of the Owner) as Obligee, hereinafter called Owner, in the amount of Sixteen Thousand Eight Hundred Seventy Five Dollars Dollars($ 16,875.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement dated 06/26/2012 entered into a contract with Owner for Landscape Services-Parking Lot in accordance with drawings and specifications prepared by NA (Name of Architect or Engineer) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's Obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contract of com- pletion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be increased automatically and immediately, with- out the need for separate amendments hereto, upon amendment to the Contract that does not increase the contract price more than ten (10) percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CON- TRACT as so amended. The term "Amendment", wherever used in this BOND, and whether referring to this BOND, the Contract or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatso- ever. NB 0012 06 08 Page 1 of 2 8401 Greenway Blvd. Suite 1100 I Middleton,WI 53562 I Phone: (608)410-3410 I Fax: (877)674-2663 I www.thesilverlining.com ORIGINAL Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein of the heirs, executors, administrators or successors of the Owner. Signed and Sealed this 3 day of July 20 12 wer" �• .pin• - ail Center, Inc. —� (SEAL) By: Witness: — Name T •ed: ..,; Title Surety: West B nd M I I surce o ;ll //�� By: ` (SEAL) Witness: al l& +� Name Typed.PATRICK WALSH Attorney-In-Fact Q _ Title MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236. Page 2 of 2 NB 0012 06 08 8401 Greenway Blvd. Suite 1100 I Middleton,WI 53562 I Phone: (608)410-3410 I Fax: (877)674-2663 I www.thesilverlining.com 7B T E BEND -UMW ileaa A MUTUAL INSURANCE COMPANY' Bond Number 0856335 Labor and Material Payment Bond KNOW ALL MEN BY THESE PRESENTS: That Cloverleaf Landscaping&Retail Center, Inc. of 20 E County Road Y,Oshkosh,WI 54901-8146 (Name and address of the Contractor) as Principal, hereinafter called Principal, and WEST BEND MUTUAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh of P.O. Box 1130,Oshkosh,WI 54903-1130 (Name and address of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Sixteen Thousand Eight Hundred Seventy Five Dollars Dollars($ 16,875.00 ), (Insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has by written agreement dated 06/26/2012 entered into a contract with Owner for Landscape Services-Parking Lot in accordance with drawings and specifications prepared by NA (Name of Architect/Engineer) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the conditions outlined on the reverse side of this bond: Signed and Sealed this 3 day of July 20 12 - inci•al: �**r •ing&R- enter, Inc. B ��„� 411111011.. • (SEAL) Witness: �� Name Type...qcz. r^ \V\ �QS Title Surety: West B- • -I Insurance C gym'-a B . � (SEAL) -/� IU / Attorney-In-I Witness: 1 14 Name Typed: "ATRICK WALSH Y Title MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236. NB 0011K 02 10 Page 1 of 2 8401 Greenway Blvd.Suite 1100 I Middleton,WI 53562 I Phone:(608)410-3410 I Fax:(877)674-2663 I www.thesilverlining.com CONDITIONS ORIGINAL b. After the expiration of five (5) years following the 1. A claimant is defined as one having a direct contract date on which Principal released work on said with the Principal or with a Subcontractor of the Prin- Contract, it being understood, however, that if any cipal for labor, material, or both, used or reasonably limitation embodied in this bond is prohibited by required for use in the performance of the Contract, any law controlling the construction hereof such labor and material being construed to include that limitation shall be deemed to be amended so as part of water, gas, power, light, heat, oil, gasoline, to be equal to the minimum period of limitation telephone service or rental of equipment directly ap- permitted by such law. plicable to the Contract. c. Other than in a state court of competent jurisdic- 2. The above named Principal and Surety hereby jointly tion in and for the county or other political subdi- and severally agree with the Owner that every claim- vision of the state in which the project, or any part ant as herein defined, who has not been paid in full thereof, is situated, or in the Untied States District before the expiration of a period of ninety (90) days Court for the district in which the project, or any after the date on which the last of such claimant's part thereof, is situated, and not elsewhere. work or labor was done or performed, materials were 4. The amount of this bond shall be reduced by and to furnished by such claimant may sue on this bond for the extent of any payment or payments made in good the use of such claimant, prosecute the suit to final faith hereunder, inclusive of the payment by Surety of judgement for such sum or sums as may be justly mechanics' liens which may be filed of record against due claimant, and have execution thereon. The said improvement, whether or not claim for the Owner shall not be liable for the payment of any amount of such lien be presented under and against costs or expenses of any such suit. this bond. 3. No suit or action shall be commenced hereunder by any claimant. a. Unless claimant, other than one having a direct contract with the Principal, shall have given writ- ten notice to any two of the following: The Princi- pal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or fur- nished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regu- larly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid pro- ject is located, save that such service need not be made by a public officer. Page 2 of 2 NB 0011K 02 10 8401 Greenway Blvd.Suite 1100 I Middleton,WI 53562 I Phone:(608)410-3410 I Fax:(877)674-2663 I www.thesilverlining.com ORIGINAL WEST BEND 0856335 A MUTUAL INSURANCE COMPANY• Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: PATRICK WALSH lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Four Hundred Thousand Dollars($400,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate al to be hereto duly attested by its secretary th. 1st day arch, 2009. Attest �/ 1 • • - F:�° Ja J. Pa o�ow►r . . Kevin A.Steiner Se to ~' SEAT. et Chief Executive Officer/President State of Wisconsin ' Y• County of Washington On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signecl his name thereto by like order. c1.'.. t i ;. • N O T A R Y *• John . well PUBLIC 1-=z1 Executive Vice President-Chief Legal Officer Notary Public,Washington Co.WI yt,09...' My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 3 day of July , 2012 it6oRPORAA.1 C-7-14).rou,-1. 4/... :r SEAL Dale J. Kent Nemo Executive Vice President- Chief Financial Officer Notice: Reproductions are not binding on the company. Ariy questions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 8401 Greenway Blvd. Suite 1100 I P.O. Box 620976 I Middleton,WI 53562 I ph (608) 410-3410 I www.thesilvcrlining.com Best's Credit Rating Center - Company Information for West Bend Mutual Insurance Co... Page 1 of 2 . p,,y V al Po a Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa Home I About Us I Contact Us I Sitemap AO For ratings and product access Loan I Sign-up Ratings&Criteria West Bend Mutual Insurance Company 8 Print this page »Home »Methodology A.M.Best 9:000964 NAIC 8:15350 FEIN#:390698170 Best's Credit Ratings+ Address:1900 South 18th Avenue Assigned to RnsnciatMrtir»h Rel na': »Finance!Strength Rating West Bend,WI 53095 companies »Issuer Credit Rating United States that have,in A kttt »Debt Rating »Advanced Search Web:www.thesilverlinina.corn opinion. »About Bests Credit Ratings+ Phone:262-334-5571 an excellent ability to meet their Get a Credit Rating+ Fax:262-334-9109 ongoing insurance obligations. »Best's Special Reports - - - --- -- »Add Bests Credit RatingsSearch Liest's Credit Ratings To Your Site g -" Ra _Financial SVengfh Rating View Definition __ Best's Credit Rating Analyst BestMark Insurers for Secure-Rated Rating: A(Excellent) 1 Office A.M.Best Company , ll, »Contact an Analyst Financial Size Category: X($500 Milton to$750 Million) Financial Analyst Adrienne Tortorielb Awards and Recognitions Outlook: Stable 'I, Managing Senior Financial Analyst:Jennifer Marshall, I News&Analysis,,, Action: Affirmed CPCU,ARM Products&Services Effective Date: May 24,2012 u Denotes Under Reyiow3ests_Rating Industry Information Corporate _Issuer Credit Rating View Definition .. Regulatory Affairs +.. Long-Term: a • Support&Resources Outlook: Stable Action: Downgraded Conferences and Events Date: May 24,2012 Find a Best's Credit Rating Reports and News Enter a Corrpany Name Am Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. loam »Advanced Search AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data Report Revision Date:6/19/2012(represents the latest significant change) Historical Reports are available in AMB Credit Report-Insurance Professional Archive View Rating Definitions Select one Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style - reports feature balance sheet,income statement,key financial performance tests including profitability liquidity and reserve analysis. Data Status:2012 Best's Statement File-P/C,US Contains data compiled as of 7/7/2012 Quality Crass Checked. • Single Company-five years of financial data specifically on this company. • Comparison -side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite -evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided in the most current edition of Best's Key Rating Guide products.(Qualit),Cross Checked). AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts and tables.Each report also features the latest Best's Ratings.Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 7/7/2012 Quality Crosschecked. Financial and Analytical Products Best's Key Rating Guide-P/C,US&Canada Best's Statement File-P/C,US Best's Statement File-Global Best's Insurance Reports-P/C,US&Canada Best's State Line-P/C US Best's Insurance Expense Exhibit(IEE)-P/C,US Best's Schedule F(Reinsurance)-P/C US Best's Schedule D(Municipal Bonds)-US Best's Schedule D(Common Stocks)-US Best's Schedule D(Preferred Stocks)-US Best's Corporate Changes and Retirements-P/C,US/CN Best's Schedule P(Loss Reserves)-P/C,US Best's Schedule D-Hybrid-P/C&UH,US http://www3.ambest.com/ratings/entities/SearchResults.aspx?URatingId=2227864&b1=0&... 7/9/2012