HomeMy WebLinkAboutTerra Engineering Bid Bond 16-32RECE7VIY OF OSHKOSH
Contract Number 16-32 Buckstaff Foundation Removal LP t v1- E'6,13
OSHKOSH> WIC WORKS
Date Bond Executed (Date of Contractor Later) December 13, 2016 `SCONSJ.N
PRINCIPAL/CONTRACTOR (Legal Name and Business Address)
Terra Engineering & Construction Corporation
2409 Vondron Road
Madison, Wisconsin 53718
SURETY(IES) (Legal Name(s) and Business Address(es))
Fidelity and Deposit Company of Maryland
1400 American Lane, Tower I, 18th Floor
Schaumburg, Illinois 60196
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
OBLIGATION
Type of Organization
— Individual —Partnership
X Corporation
State of Incorporation
Wisconsin
Penal Sum of Bond
Five Percent of Amount Bid
(5% of Bid)
The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this
Contractor within the time specified in the bid documents or within such time period as may be agreed upon
between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business
days of written notice to the Contractor and Surety of Owner's intent to make a claim upon this Bond,
The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in
which the Owner may accept the bid.
If the Contractor either enters into a contract with Owner in accordance with the terms of the bid and gives such
bond(s) that may be specified in the bidding documents for the faithful performance of the Contract and for the
prompt payment of labor, materials and supplies furnished for the purpose thereof; or pays to the Owner the
difference between the amount specified in the bid and such larger amount for which the Owner may in good faith
contract with another party to perform the work covered in such bid, then the Surety and the Contractor shall have
no obligation under this Bond.
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 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.
Terra Engineering & Construction Corporation
Name of Principal/Contractor
Title rn U, JiC.�'�.17 y
Fidelity and Deposit Company of Maryland
Name of Surety
Title Adrienne C. Stevenson, Attorney -in -Fact
STATE OF ILLINOIS
COUNTY OF COOK
I, Katherine J. Foreit , a Notary Public in and for said County, do hereby certify that
Adrienne C. Stevenson as Attorney -in -Fact, who is personally known to me to
be the saine person whose name is subscribed to the foregoing instrument, appeared before me
this day in person, and acknowledged that they signed, sealed, and delivered said instrument
for and on behalf of
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
for the uses and purposed therein set forth.
Given under my hand and notarial seal at my office in the City of Chicago in said County,
this 13 th day of December A.D. 2016
ii i r M M-1 M
Notary'r.
KATHERINE J FOREIT
Official Seal
Notary c - 91410 of Illinois
My Commi 6104 l
Expir•• Aug 10, 201?
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
GERALD F. HALEY, 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 C. R. HERNANDEZ, Katherine J. FOREIT, Adrienne C. STEVENSON, Amy B. WICKETT, John K.
JOHNSON, Triniy GARCIA and Gabriel JACQUEZ, all of Chicago, Illinois, 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 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 2nd day of June, A.D. 2016. '
ATTEST:
BF
4 '- /-), 4, -'�
Secretary
Eric D. Barnes
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Gerald F. Haley
State of Maryland
County of Baltimore
On this 2nd day of June, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GERALD F.
HALEY, 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, depbseth and saith, that he/she is the said
officer of the Company aforesaid, and that the seals 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, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
�` IlUty,"4G
'2l'tfn..: Nc
Maria D. Adamski, Notary Public
My Commission Expires: July 8, 2019
POA -F 036-0600
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
time."
CERTIFICATE
I, 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 l5th 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 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 attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 13_ day of n P r P m h P r 20_L6.
V ever a°pµu+sp'`'. L
8SAL
Michael Bond, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
DEPARTMENT OF PUBLIC WORKS
215 Church Avenue RECEIVED
P.O. Box 1130
Oshkosh, Wisconsin 54903-1130 206
Ph. (920) 236-5065 DEC 13
Fax (920) 236-5068
ON THL WAIIH DEP"l'OF t'Ut3hIL WORKS
OSHKOSH, W ISC(J>vSIN
TO: ALL CONTRACTORS
FROM: ENGINEERING DIVISION OF
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS
SUBJECT: DISCLOSURE OF OWNERSHIP FORM
Please review the attached Department of Workforce Development Disclosure of Ownership form. If
Item 3 on this Disclosure of Ownership form applies to your company, you must complete the
Disclosure of Ownership form and upload in the appropriate location on Quest V -Bid.
If Item 3 on the Disclosure of Ownership form does NOT apply to your company, you must complete
the information below and upload this page in the appropriate location on Quest V -Bid.
CERTIFICATION
I certify by my signature below that Item 3 of the attached Disclosure of Ownership form does NOT
apply to my firm, or a shareholder, officer, or partner of my firm.
Name
Tony J. Arts
Printed Name
Corporate Secretary
Title
Terra Engineering & Construction Corporation
Company Name
12-8-16
Date
hEngineeringlTracy TaylorTubllc Works Contracts\Miscellaneous\Disdosure of Ownership Form.docx Page 1 of 1
CONTRACT 16-32
ATTACHMENT A
LIST OF SUBCONTRACTORS
RECEIVED
nor � 3 2o16 -=
ULp l UI' IA08LIC' 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 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 General 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. Original, signed 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
CLASS OR ITEMS OF WORK
PERCENT OF
CONTRACT AMOUNT
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 4 of 7
RECEIVED
CONTRACT 16-32
nPC 13 2016
PROPOSAL DEPT01., 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
Terra Engineering & Construction Corporation
(Name of Corporation, Partnership, or Person Submitting Bid)
a corporation organized and existing under the laws of the State of Wisconsin
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.
Signature
Corporate Secretary
(Title, if any)
Subscribed and sworn to before me this 13th day of December , 20 16
Notary Public, or of er authorized to administt,�.,�..---***"'*
NANCY A LEE
i NotatY Public
State of Wisoonsitt
(Bidder should not add any conditions or qualifying statements to this Proposal as otherwise the
Proposal may be declared irregular as not being responsive to the Advertisement.)
Accompanying this Proposal is a Bid Bond in the amount of 5 % of the total amount of the bid, as
called for in the Official Notice to Contractors.
Page 7 of 7
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