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HomeMy WebLinkAbout24-12 Don E Parker Excavatingr CITY OF OSHKOSI- Contract Number 24-12 - East 7th avenue and Grand Street Reconstiruction Date Bond Executed (Date of Contractor Later) 1st day of April, 2024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Don E. Parker Excavating Inc. W8409 County Road JJ Hortonville, WI 54944 SURETY(IES) (Legal Name(s) and Business Address(es)) Employers Mutual Casualty Company 1815 S Meyer Rd Oakbrook Terrace, IL 60181 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 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. Page 7 of 2 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, e-mail, 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, e-mail 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 herefzom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Don E. Parker Excavating Inc. Name of Principal/Contractor Title Brian Parker, President Employers Mutual Casualty Company Name of Surety Title Atta -bey In Fact — NicoleJohnson. Page 2 of 2 AVEMC P.O. Box 712 q Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that; 1. Employers Mutual casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies°, each does, by these presents, make, constitute and appoint: Nicole Johnson its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the Bid Bond Any and All Bonds and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duty authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attornoy-In-fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-ol-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in4aci shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be sign for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of September 2022 . 1". IG/iriU► Seals - — ------ - - - _ - ----- - --- o uu ;c` )oo�r,t •,, Q�Y , �9',, oft R. Jean, P dent & CEO Todd Strother, Executive Vice President r` ••';,• '� " v� ' ; p�,`cApjAi ;S y of Company 1; irman, President Chief Legal Officer & Secretary of & CEO of Comp ies 2, 3, 4,5 & 6 Companies 1, 2, 3, 4,5 & 6 Z: SEAL ,==a4 ^ 2: 1863 o': : u= 1963IOWA = �,�J .\pp(,Rgt.���. `P`�G;NV')A., `.:�� :;4Q-, 4CM1V)R�•�s9, =5 `SEAL -`<= p; SEAL SEAL SEALo, KATHY LOVERIDGE 0*nm6" Nwr9w7$0764 0cto�2026 On this 22nd day of September , 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known 10 me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025. CERTIFICATE Notary Pubii in and for the State ofAowa I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of September , 2022 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this _ 1st day of April 2024 Vice President 7854 (9.22) B025930-NA D8452 957 A 000000 "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548." 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 Brian Parker Printed Name President Title Don E. Parker Excavating, Inc. Company Name 04/01/2024 Date is\Engineering\Tmcy Taylor\Public Works Contracts\Miscellaneous\Disclosure of ownerslup Fom>_2-1- Page 1 of 1 17.docx City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.vs State of Wisconsin Department of Workforce Development Disclosure of Ownership Equal Rights Division 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 form 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 governmental 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 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 0 Box City State Zip Code Business Name Street Address or P 0 Box City State Zip Code I hereby state under penalty of perjury that the information, contained in this document, is true and .,..49. .A 1. fr. w.ai 4neruararlrtn and haliaf QVVNI QaG GVVa/av Print the Name of Authorized Officer Brian Parker A rized Officer Date Signed ?Sp'ure -------- 04I0112024 Corporation, Partnership or Sole Proprietorship Name Don E. Parker Excavating, Inc, Street Address or P 0 Box City State Zip Cade W8409 County Road A _ Hortonville VV 54944 If you have any questions cal! (60e) 266-6u61 ERD-7777 (R. 0112011) FAI City. Oshkosh , =l�lr TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: SOIL AND GROUND WATER MANAGEMENT PLAN CERTIFICATION 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. Name Brian Parker Printed Name President Title Don E. Parker Excavating, Inc. Company Name 04101/2024 Date [Alingineering\Tnacy Taylor\ Public Works Contrads\Mi8ccllaueum1\9Qjl & Groundwater Page I of I Management Plan CerlilicatiorL2-1-17-docx City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us CONTRACT 24-12 ATTACHMENT A LIST OF PROPOSED SUBCONTRACTORS 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 thirty 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 thirty percent (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 CLASS OR ITEMS OF WORK Vinton Construction Company Al Dix Concrete, Inc. flatwork Bodart Electric Services, Inc. electrial MCC, Inc. asphalt Fox River Landscape Management LLC restoration Storm Companies, Inc. traffic control excavation and concrete PERCENT OF CONTRACT AMOUNT 25% 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). Lle. ZiBrian-Parker, President, Don E. Parker Excavating, Inc. Signature of Bidder Page 19 of 22 (Revised) Acknowledge Addendum No. 1 8/10 CONTRACT 24-12 PROPOSAL The undersigned will begin work as specified after award of the Contract and complete m spet,ified "Al I C, I hereby certify that all statements are made in behalf of Don E. Parker Excavating, Inc (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 Hortonville ; State of Wisconsin That I have examined and careful1y 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 Subscribed and sworn to before me this 1 St Notary Public, or other authorized to administer Brian Parker, President, Don E. Parker Excavating, Inc. (Title, if any) day of April . 0 ' or Wisco 'u 2024 (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 22 of 22 (Revised)