HomeMy WebLinkAbout18-15 Field Operations Biofilter Landscaping Highway Landscapers Bid BondContract 18.15 - Field Operations Biofilter Landscaping (#'5632727)
Owner. City of Oshkosh, WI
Solicitor. City of Oshkosh, WI
Bid Opening: 04/03/201810:00 AM CDT
Highway Landscapers, Inc
1900 Boehm Drive
Little Chute, WI 54140
Section Title Item Code
Item Description UofM Quantity
Unit Price
Extension
Section 1:
$54,550.00
2660
Furnish and install
biofilter plantings;
complete as specified Lump Sum 1.00
$54,550.00
$54,550.00
Bid Total
$54,550.00
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BID BOND 3 2018 CITY OF OSHKOSH
APR
F pU}3L1C
Contract Number 18.15 DOSHKOSN, WISCONSIN
Date Bond Executed (Date of Contract or Later) 4/3/2018
PRINCIPAUCONTRACTOR (Legal Name and Business Address)
Highway Landscapers, Inc.
1900 Boehm Drive
Little Chute, WI 54140
SURETY(IES) (Legal Name(s) and Business Address(es))
The Hanover Insurance Company
440 Lincoln Street
Worcester, MA 01653
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box I130
Oshkosh, Wisconsin 54903.1130
OBLIGATION
Type of Organization
_ Individual _„_ Partnership
Corporation
State of Incorporation
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 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 lams 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.
I-iighway landscapers, Inc.
Name of Principal/Contractor
L4
Title A. r 5
The Hanover Insurance Company
Name of Surety
i ry-.y o
Title Roxanne Jensen, Attorney-in-fact
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 SAY 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, WI, each individually, if there be more than one named, as its true and lawful attomey(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 Attomeys-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 Company to 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
CITtZE �� RANCE OMPANY OF AMERICA
RobeR Tho mu Vice Pmdent
THE H NOVlN *MURANCE COWANY
NUia OAY t'< qA Ga COUWt.NY
CR W I rttUl' Ca OP Arjtw.A
THE COMMONWEALTH OF MASSACHUSETTS }
COUNTY OF WORCESTER «»- r» w ..�,
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.
CLANK J. MARINO
Iwur.�tC
trcuwa�r ar rra.ou 1 .
!fir D, -r Ja m. goon 13,hllc
%I. C-rvnrsnr�.i,m C.+pi" NIMMh 4,202:'
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, this 3, day of`-`0--`�-
CERTIFIED COPY
nxodorc G Mani"M Vicc F'nsiJrnt..
�f
CONTRACT 18-15
ATTACHMENT A
LIST OF SUBCONTRACTORS
RECEIVED
APR - 3 2018
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 the Contract, but shall perform with their
organization work amounting to at least 30 percent (30`0) 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
Ai O nr 2..
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 3 of 6
TO: ALL CONTRACTORS
FROM: ENGINEERING DIVISION OF
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS
SUBJECT: DISCLOSURE OF OWNERSHIP FORM
RECEIVED
APR - 3 2018
DEPT OF PUBLIC WORKS
OSHKOSH, WISCONSIN
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.
.:5;coj+ .5trn J:jS
Printed Name
VY* c.S1 d+r
Title
V( . qVlwa, Lands_ tr7 Vic_
Company ame
r,t Z dal $
Date r
I \ Engineering\Tracy Taylor\ pubtic Works Contracts'. Aliscellaneous'e Dwlosum of Ownership Form -2.1• PBse 1 OI 7
17.ducx
City Hall, 215 Church Avenue P.O. Box i 130 Oshkosh, W154903-1130 http://www.c;.oshkosh.wi,us
State of Wisconsin
Department of Workforce Development
Equal Rights Division
Disclosure of Ownership
The statutory authority for the use of this form is prescribed in Sections 66.0903(12)(d), 66.0904(10)(d) and 103.49(7)(d), Wisconsin
Statutes.
The use of this form is mandatory. The penalty for failing to complete this foram is prescribed in Section 103.005(12), Wisconsin
Statutes.
Personal information you provide may be used for secondary purposes [Privacy Law, s. 15.04(1) (m), Wisconsin Statutes].
(1) On the date a contractor submits a bid to or completes negotiations with a state agency, local governmental unit, or
developer, investor or owner on a project subject to Section 66.0903, 66.0904 or 103.49, Wisconsin Statutes, the
contractor shall disclose to such state agency, local governmental unit, or developer, investor or owner, the name of
any "other construction business," which the contractor, or a shareholder, officer or partner of the contractor, owns or
has owned within the preceding three (3) years.
(2) The term "other construction business" means any business engaged in the erection, construction, remodeling,
repairing, demolition, altering or painting and decorating of buildings, structures or facilities. It also means any
business engaged in supplying mineral aggregate, or hauling excavated material or spoil as provided by Sections
66.0903(3), 66.0904(2), 103.49(2) and 103.50(2), Wisconsin Statutes.
(3) This form must ONLY be filed, with the state agency project owner, local govemmental unit project owner, or
developer, investor or owner of a publicly funded private construction project that will be awarding the contract, if both
(A) and (B) are met.
(A) The contractor, or a shareholder, officer or partner of the contractor:
(1) Owns at least a 25% interest in the "other construction business," indicated below, on the date the contractor
submits a bid or completes negotiations; or
(2) Has owned at least a 25% interest in the "other construction business" at any time within the preceding three
(3) years.
(B) The Wisconsin Department of Workforce Development (DWD) has determined that the "other construction
business" has failed to pay the prevailing wage rate or time and one-half the required hourly basic rate of pay, for
hours worked in excess of the prevailing hours of labor, to any employee at any time within the preceding three (3)
years.
Other Construction Business
Business Name
/UoNe—
Street Address or P 0 Box
City
State Zip Code
Business Name
Street Address or P 0 Box
City
State
Zip Code
Business Name
Street Address or P O Box
City
State
Zip Code
Business Name
Street Address or P 0 Box
City
State
Zip Code
1 hereby state under penalty of perjury that the information, contained in this document, is true and
accurate according to my knowledge and belief -
Print the Name of Authorized Officer
AuthohAed C lc !gnat
Date Signed
Corporation, Partnership or Sole Proprietorship Name ,
Street Address or P O Box
City
State
Zip Code
/Y00 0011,K 0,1v,_
WIr
5Y1If0
If you have any questions call (608) 266.6861
ERD-7777 (R. 0112011)
RECEIVED
APR - 3 2018
CONTRACT 18-15
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
�� t g � w a►i L_a,na.s c�,.p u -s � c..
J
(Name of Corporation, Partnership, or Person Submitting Bid)
a corporation organized and existing under the laws of the State of W 15 c e ns lr%
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 stauments are true and correct.
Signature
Pres1Acnf
(Title, if any)
Subscribed and sworn to before me this I
day of (AD 20
� S
of ry Publi 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 S % of the total amount of the bid, as
called for in the Official Notice to Contractors.
Page 6 of 6