HomeMy WebLinkAboutHighway Landscapers Bond-1059149 e)A�
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PERFORMANCE BOND CITY OF OSHKOSH
Bond No. 1059149
Contract Number 16-26
Date Bond Executed (Date of Contract or Later) 2/24/2017
PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Otganization
Highway Landscapers,Inc. F-1 Individual D Padnershit)
P.O.Box 618 R] Corporation
Kaukauna,WI 54130 States of Incorporation
Wisconsin
SURETY(IES) (Legal Name(s)and Business Address(es)) Penal Sum of Bond
The Hanover Insurance Company $130,598.50
440 Lincoln Street
Worcester,MA 01653
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
216 Church Avenue
PO Box 1130
Oshkosh,Wisconsin 54903-1130
The Contractor and Surety,jointly and severally, bind themselves, their heirs,executors, administrators,successors
and assigns to the Owner for payment of the SUM shown above or the performance of the Contract Identified
above,which is incorporated herein by reference.
This Bond shall cover any work performed during initial construction and any warranty period required by the
Contract.
It there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform
or complete any material term of the Contract,then the Surety(les) obligation under this Bond shall arise after,
The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the
Contractor In default of the Contract. Within five (6) business days of the Owner's notice, either the
Contractor or the Surety may request a conference with the Owner to discuss such default and the
remedy therefor, if a conference is requested, the conference shall be scheduled to take place at
Owner's principal place of business or another agreed upon location Within five(5)business days of the
request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed a
reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, If any,
to subsequently declare the Contractor in default;
2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and
3, The Owner agrees 10 pay the balance of the Contract price in accordance with the terms of the
Contract to the Surety or to a qualified Contractor selected to perform the Contract.
Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its
obligations.
Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the
following actions:
1. Arrange for the Contractor,with consent of the Owner,to perform and complete the Contract;
2. Undertake to perform and complete the Contract itself, through qualified agents or independent
contractors;
3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a
contract with the Owner for performance and completion of the Contract, to be secured with
performance and payment bonds, and to pay to the Owner as damages any amount in excess of the
original contract amount for the completion of the Contract; any additional legal, design professional,
architect, or consultant fees resulting from any delay in the completion of the Contract; and any
applicable liquidated damages specified within the Contract resulting from any delay in the completion
of the Contract.
4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of
the Contract; or
5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial.
If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety
shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety
perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon
default.
Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2
above, Surety's liability shall be limited to the amount of this Bond.
Notice to the Contractor or Surety shall be deemed to have been given; (i) upon delivery to an officer or person
entitled to such notice, if hand delivered; or (it) two (2) business days following deposit in the United States mail,
postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery;or(iv) upon
transmission.if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner,
Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic
address that has been provided in writing to the other party to be used for this purpose.
The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond, Winnebago
County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with
statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or
other legal requirement shall be deemed Incorporated herein.
The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the
Contract and any authorized modifications during the term of the original Contract and any extensions thereof.
Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor.
HighwayLandscapeij&Inc The Hanover Insurance Company
Name of Principal/Contractor Name of Surety
Tltle _ it— Title Roxanne Jensen,Attorney-in-Fact
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PAYMENT BOND CITY OF OSHKOSH
WP,
Bond No. 1059149
Contract Number 16-26
Date Bond Executed (Date of Contract or Later) February 24,2017
PRINCIPAUCONTRACTOR(Legal Name and Business Address) Type of Organization
Highway Landscapers,Inc. El Indivi(Jual El Partnership
P.O.Box 618 91 Corporation
Kaukauna,WI 54130 Slate of Incorporation
Wisconsin
SURETY(IES) (Legal Name(s)and Business Address(es)) Penal SUM Of BOTIO
$130,598.50
The Hanover Insurance Company
440 Lincoln Street
Worcester,MA 01653
OWNER (Legal Name and Business Address)
CITY OF OSHKO81-1
215 Church Avenue
PO Box 1130
Oshkosh,Wisconsin 54903-1130
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The Contractor'and Surety,jointly and severally, bind themselves,their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Contract identified above,Which is incorporated herein by reference, subject to the following terms,
If the Contractor promptly makes payment of all skims due to claimants, and defends, indemnifies and holds
harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor,
materials or equipment furnished for use In the performance of the Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
If there Is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform
or complete any material term of the Contract, then the Surety(les) obligation under this Bond shall arise after the
Owner has promptly notified the Contractor and the Surety of claims, demands, liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in
the performance of the Contract and tendered defense of such claims, demands, liens or suits to the Contractor
and the Surety.
Amounts owed by the owner to Contractor under the Contract shall be used for performance of the Contract and to
satisfy claims, if any, under any Performance Bond, By the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor In the performance of the Contract are dedicated to satisfy
obligations of the Conti-actor and Surety tinder this Bond, subject to the Owner's priority to use the funds for the
completion of the work.
Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend,
indemnify and hold harmless the Owner against such claim,demand, lien or suit.
Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the
amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for
payment of any undisputed amount claimed.
Surety shall not be obligated to the Owner,claimants or others for obligations of the Contractor under this Bond that
are unrelated to the Contract. The Owner shall not be liable for the payment of any casts or expenses of any
claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants,
or otherwise have any obligation to claimants under this Bond.
Notice to the Contractor or Surety shall be deemed to have been given: (1) upon delivery to an officer or person
entitled to such notice, if hand delivered, or (ii) two (2) business days following deposit in the United States mail,
postage prepaid; (Iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or(iv) upon
transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner,
Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic
address that has been provided in writing to the other party to be used for this purpose.
The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago
County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with
statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or
other legal requirement shall be deemed incorporated herein.
Highway Landscayers,Inc. The Hanover Insurance Company
Name of Principal/Contractor Name of Surety
Title 2(G5/j. �v7` Title Roxanne Jensen,Attorney-in-Fact
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THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in
the manner and to the extent herein stated.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations
organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a
corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company")does
hereby constitute and appoint,
Kelly Cody,Roxanne Jensen and/or Christopher Hovden
Of Aon Risk Solutions,Green Bay,W1,-each individually,if there be more than one named,as its true and lawful attorney(s)-in-fact to
sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and
all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances,
undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly
signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,that this power of
attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the
extent of any limitation stated below:
Any surety bond,recognizance or obligation in the United States,not to exceed Fifteen Million Dollars($15,000,000.00)in any
single instance.
That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said
Company, and said Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and
empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety,
any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to
attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they
had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted
and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Companyto the
same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.
(Adopted October 7, 1981 —The Hanover Insurance Company;Adopted April 14, 1982—Massachusetts Bay Insurance Company;Adopted
September 7,2001—Citizens Insurance Company of America)
IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by
two Vice Presidents,this 22nd day of June, 2016.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS SURANCE OMPANY OF AMERICA
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Rolva Thomas.Vice P"sidmi
THE HANOVER INSURANCE COMPANY
MA SA Huld
BAY 1 RA CE COMPANY
CR EN 1CEOF AMERICA
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss. '. ^ ' ete.VJ-F a e
On this 22nd day of June 2016 before me came the above named Vice Presidents of The Hanov r Insurance Company,Massachusetts
Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers
described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover
Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the
said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and'direction of
said Corporations.
DIANE J. MARINO
No1uY PobNe
of ruavaur
M/ConTA"on fwpirw mane J.: n to,Morar)Pubiic
IiMnM 4.OW qty c......T rcion Gxpims March 4.2022
I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance
Company of America,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued
by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts,thisTay of 20 .
CERTIFIED COPYly
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