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HomeMy WebLinkAboutBid Bond 17-04 DornerRECEIVED FEB 21 2017 DEPT OSHKOSH WlsCONSKS BID BOND CITY OF OSHKOSH Contract Number 17-04 Date Bond Executed (Date of Contract or Later) February 3. 2017 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Type of Orgnaizatioll Dorner, Inc. hidividanf Parhurship E506 Luxemburg Road X Corporation Luxemburg. WI 5.1217 Stale of h1co)VOralion Wisconsin SURETY(IES) (Legal Name(s) and Business Address(ea)) Penal Sum of Bond Fidelity and Deposit Company of Maryland 5% of Amount Bid 1299 Zurich Way Schaumburg. IL 60196-1056 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION The Contractor and Surety, Jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this Contractor within the time specified in the bid documents or within such time period as may be agreed upon between the Owner and the Contractor, and the Contractor shalt fail to execute the Contract within five (5) business days of written notice to the Contractor and Surety of Owner's Intent to make a clahn upon this Bond. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. If the Contractor either enters into a contract with Owner In accordance with the terms of the bid and gives such bond(s) that may be specified in the bidding documents for the faithful performance of the Contract and for the prompt payment of labor, materials and supplies furnished for the purpose thereof; or pays to the Owner the difference between the amount specified in the bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered in such bid, then the Surety and the Contractor shall have no obligation under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, 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 tl-ds 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. O mer. B: N e of Prin pal/Contractor Vice Qt^ GS til=&. Title Fidelian Deposit Compan f Marvl n Bv: Name of Surety Colulie tnitll Attorney -in -Fact Title EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Section 8, Atiornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint atlomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any lime." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY ata meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by fucsi mile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL, AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attomey issued by the Company, shall he valid and binding upon the Company with the some force and effect as though manually affixed. this3�N STIMO Y WHEREOF;l have her unto subscribed my name and affixed the corporate seals of the said Companies, day of , 20,I. F�,u otipf� v SEAL ((Ov _ 50�*190 ,�.a _ At, Gerald F. Haley, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Alin: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"). by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V. Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Michael J. DOUGLAS, Chris STEINAGEL, Christopher M. KEMP, Robert DOWNEY and Connie SMITH, all of Hudson, Wisconsin, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seat and deliver, for, and on its behalf as surely, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 28th day of September, A.D. 2016. ATTEST: Secretary Eric D. Banes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY I7DELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Michael Bond 074 State of Maryland County of Baltimore On this 28th day of September, A.D. 2016, before the subscriber. a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she Is the said officer of the Company aforesaid, and that the scats affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, t have hereunto set my hand and affixed my Official Seal the day and year first above written. tAa%'.s . Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA•F 184.00IIA TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS RECEIVED FEB 21 2017 DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN SUBJECT: DISCLOSURE OF OWNERSHIP FORM Please review the attached Department of Workforce Development Disclosure of Ownership form. If Item 3 on this Disclosure of Ownership form applies to your company, you must complete the Disclosure of Ownership form and upload in the appropriate location on Quest V -Bid. If Item 3 on the Disclosure of Otonership form does NOT apply to your company, you must complete .the information below and upload this page in the appropriate location on Quest V -Bid. CERTIFICATION I certify by my signature below that Item 3 of the attached Disclosure of Ownership form does NOT apply to my firm, or a shareholder, officer, or partner of my firm. Diz e_1 Dorn tr' Printed Name eresidznl ' Title uernet --Ent Company Name a-a�-�� Date I;\EngiiimringkTracy Taylo6 Public Works Conlraclnl �•lisn'llnru•m�s1(Jixlosurc of lhrncrofiip Furm_'I Page 1 Of I 17.d— City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 http://www.ci.oihkosh.wi.us TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: SOIL AND GROUND WATER MANAGEMENT PLAN CERTIFICATION -- RECEIVED FEB 21 2017 DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN I certify by my signature below that our firm has read the Sail and Gromid Water Mnnitgenlenl Plait included in the Specifications and will comply with the requirements of the Plan. DcmifA DDmer Printed Name Presidcn+ Title Company Name a-wn1`j Date I:\Englnirring\TracyTaylor\Public Weeks Contracts\Miscell.—ua\SoiiscGround Miter Page 1 of '1 Mmagenent Plan Cerlitical Mn_2-1-17.do . City Holl, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1 130 http://www.ci.oshkosli.wi,us CONTRACT 17-04 ATTACHMENT A LIST OF SUBCONTRACTORS RECEIVED FEB 21 2017 DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN 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 die Contract, but shall perform with their organization work amounting to at least 30 percent (30%) of the original Contract amount. Work performed by the CONTRACTOR for any Bid Item that had been subcontracted will not be included towards the 30% calculation. If the CONTRACTOR shall sublet any part of this Contract, the CONTRACTOR shall be as fully responsible to the CITY for the acts and omissions of their Subcontractor and of the persons either directly or indirectly employed by their Subcontractor as they are by acts or omissions of persons directly employed by themselves. All Subcontractors, if any, shall be listed in the spaces provided on the Proposal Form and said list shall not be added to or altered without the written consent of the CITY. Signed, final waivers of lien will need to be provided to the CITY prior to the release of the final retainage to the CONTRACTOR. When a Subcontractor and the class of work to be performed are not listed, it shall be considered that the Bidder will perform the work themselves. PERCENT OF NAME OF SUBCONTRACTOR CLASS OR ITEMS OF WORK CONTRACT AMOUNT r 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 Page 18 of 21 (Revised) RECEIVED - CONTRACT 17-04 FEB 2 1 2017 PROPOSAL DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN The undersigned will begin work as specified after award of the Contract and complete as specified. I hereby certify that all statements are made in behalf of 1)6rner enc. (Name of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of a Partnership consisting of • or an individual trading as ; of the City of ; State of That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf; and that said statements are true and correct. n I . . Signature Prtsi6 t' (Tide, if any) Subscribed and sworn to before me this at day of 20. �ALno- (1 0 YAX AQ Notary Public, or other authorized to administer (Bidder should not add any conditions or qualifying statements to this Proposal as otherwise the Proposal may be declared irregular as not being responsive to the Advertisement,) Accompanying this Proposal is a Birt Bond in the amount of % of the total amount of the bid, as called for in the Official Notice to Contractors. Page 21 of 21 (Revised)