Loading...
HomeMy WebLinkAboutBid Bond Dorner 17-05BID BOND Contract Number 17-05 Date Bond Executed (Date of Contract or Later) March 1. 2017 PRINCIPAL./CONTRACTOR (Legal Name and Business Address) Dorner. Iite. E506 Luxemburg Road Luxemburg. WI 54217 SURM Y(IES) (legal Name(s) and Business Address(es)) Fidelity and Deposit Company of Maryland 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 RECEIVED 1 J osj MAR 21 2017 .DEPT OF PU13L=1C,W�ORKIS c OSH '0`' CITY OF OSHKOSH Type of Organizaliai _, fudividtrrtl _„_, Pnrinersltip X Corporation Stalcof bncorporalion Wisconsin Penal Sum of Bond 5% of Amount Bid The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this Contractor within the time specified in the bid documents or within such time period as may be agreed upon between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business days of written notice to the Contractor and Surety of Owner's Intent to make a claim upon this Bond. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which (lie 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, (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 shalt be provided to the Owner, Surety and/or Contractor at their address as apedfied on this Bond or to a facsin-dle, 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 tinder 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. Bv: of Neme of Principal/Contractor n Title Fideiitvpud Deposit Co �lp�„n�land Bv: / u! _ Name of Surety Connie Smith Attorney -in -Fact Title ZURICH ANIERICAN 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, seal and deliver, for, and on its behalf as surety, 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 duty 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: Secrelar-v Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND t D_ Vice Pr'esideni Michael Bond 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, deposcth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instillment 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, I have hereunto set my hand and affixed my Official Seal the day and year first above written. fir r: lffff (11111,\\ Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 184-0011A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -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 attorneys -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 ti me." 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 I 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 at a 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 facsimile 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 51h day of May, 1994, and the following resolution of the Hoard of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth 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 attorney issued by the Company, shall he valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WH REOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ]_,�J day of 204. ,'p uros�� wwa =t "uw AAL o � 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, Alm: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 CIN Oshkosh TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: DISCLOSURE OF OWNERSHIP FORM RECEIVED MAR 21 2017 i31., PUBLIC WORKS :,,uS11, \VISCONSIN Please review the attached Department of Workforce Development Disclosure of Ownership form. If Item 3 on this Disclosure of Ozvnership 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 Ozonership 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 Ozvnership form does NOT apply to my firm, or a shareholder, officer, or partner of my firm. Dan►'A Dorn,f-r Printed Name PresA ex+ Title Company Name 3 -Ski -ti Date 1:\Enghre ring\Tracy Taylor\Public Works Contracts\Miscellaneous\Disclosure of Ownership Pom 2-1- Page 1 Of 1 17.doa City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, W 1 54903-1130 http,//www.ci.oshkosh.wl,us Ciof Oshkosh TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: SOIL AND GROUND WATER MANAGEMENT PLAN CERTIFICATION RECEIVED MAR 21 2017 UI.I' f 01" PUBLIC WORKS OSHKOSH, WISCONSIN I certify by my signature below that our firm has read the Soil and Ground Water Management Plan included in the Specifications and will comply with the requirements of the Plan. 9.5 i--- 1-401 1 1— ..D&wea D0rY% - r' Printed Name �.IZS1� Title btcncr -Inc . Company Name 3-a►-- ► Date (AEngineering\Tracy Ta)lor\Public Works ContractoNk iscellaneous\Sall&Ground Water Page 1 of 1 Mam"ent Plan Cerdrumtion 2-1-I7.dua City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, W154903-1130 hitp://www.cf.oshkosh.wi.us CONTRACT 17-05 ATTACHMENT A LIST OF SUBCONTRACTORS RECEIVED MAR 2 1 2011 DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN Pursuant to Section 66.29C7), Wisconsin Statutes, the Bidder, as part of this Proposal, submits this full and complete list of all the Subcontractors and the class of work to be performed by each. The CONTRACTOR will be permitted to sublet a portion of the Contract, but shall perform with their organization work amounting to at least 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. NAME OF SUBCONTRACTOR PERCENT OF CLASS OR ITEMS OF WORK CONTRACT AMOUNT Cot'1Ca"� J CltlLyy�„e� � 5 ��d ew�l CC � sao Ga�dsck�c 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). 4•4--1Aiii4l_ Signature of Bidder Page 25 of 28 (REVISED) CONTRACT 17-05 ATTACHMENT A LIST OF SUBCONTRACTORS RECEIV ED MAR 21 2017 oEPTOFPUBL,IC WORI,� OSHKOSH, WISCONSiI', Pursuant to Section 66.29(7), Wisconsin Statutes, the Bidder, as part of this Proposal, subnuts this full and complete list of all the Subcontractors and the class of work to be performed. by each. The CONTRACTOR will be permitted to sublet a portion of the Contract, but shall perform with their organization work amounting to at least 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 perforin the work themselves. NAME OF SUBCONTRACTOR �211u 1icr &,-e-4e 14 kle5 7-11 CLASS OR ITEMS OF WORK PERCENT OF CONTRACT AMOUNT I hereby certify that the use of the names) of the above Subcontractor(s) was with the knowledge and consent of the said Subcontractor(s). Signature of Bidder Page X of 28 (REVI5ED) RECEIVED MAR 21 2017 CONTRACT 17-05 DI PT OF PUBLIC WORKS PROPOSAL ()SHKOSH, 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 'Dbrncr Ine • ___ (Name of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of Vv 1 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 MI authority to make such statements and submit this Proposal in (its) (their) behalf; and that said statements are true and correct. Signature Pr-cs6eA�- (Title, if any) Subscribed and sworn to before me this Q_ day of MOM:jh 20_11... 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 Bid Bond in the amount of % of the total amount of the bid, as called for in the Of Notice to Contractors. Page 28 of 28 (REVISED) RECEIVED MAR 21 2017 DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN CONTRACT 17.05 PROPOSAL It l::f::l,INi F *D MAR , 1 2011 J) I I"1' OF I'tJ 13IJ C NVOI FK:•, s ),0JKOSI1, 11�1`:i'O�JSIIv 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 4)6rn -y- L_ nQ . (Naive of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of W 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 Pleats and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to snake such statements and submit this Proposal in (its) (their) behalf; and that said statements are true and correct, p Signature _LCt�.4- _ (Title, if any) Subscribed and sworn to before me this clay of M&rdyN 20 "7 __, 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 Bid Bond in the amount of L-- % of the total amount of the bid, as called for in the Official Notice to Cowitractors, Page 28 of 28 (RMS@D)