HomeMy WebLinkAbout24-12 Dornerri
CITY OF OSHKOSH
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Contract Number 24-12
Date Bond Executed (Date of Contract or Later) 3/21/2024
PRINCIPAL/CONTRACTOR (Legal Name and Business Address)
DORNER, INC.
E506 Luxemburg Road
Luxemburg, WI 64217
SURETY(IES) (Legal Name(s) and Business Address(es))
Fidelity And Deposit Company Of Maryland
1299 Zurich Way, 5th Floor
Schaumburg, IL 60196-1056
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
OBLIGATION
Type of Organization
�hndividnal ❑Partnership
✓ Corporation
State of Incorporation
WI
Penal Sum of Bond
Five Percent 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 wifliin 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 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.
DORNER, INC Fidelity And Deposit Company Of Maryland
Name of Principala-Qvl'0 ' . �� Name of Surety .
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Title ��i���* I",,,`���� Title Connie Smith, Attorney -in -fact _
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Face, The Chief Executive Officer, the President, or any Executivo Vice President or Vice President
may, by written instrument under the atlesled corporate seal, nppohit attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, tad truly authorize any officer or tiny such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of rovoke tiny such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Secretary of the LURICI-I AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that tine foregoing
Power of Attorney is still in hill force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of lire By -
Laws of the Companies is still in force,
This Power of Attorney acid Certificate may be signed by facsimile under and by authority ol'the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called aid held on the 15th day of December 1998.
RESOLVED; "Thal file signature of the President or a Vice President and the atlesting signature of a Secretary or ai Assistant Secretary
and (lie Seal of the Company may be affixed by facsimile on tiny Power of Attorney ... An), 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 critic following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of
May, 1994, mid the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND al a
meeting duly called and held on the 101h day of May, 1990.
RESOLVED: "Thal the liicsimile 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 trade 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 WFIEREOP, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 2,1 st day of March 2024 .
n",
S56.
By; Brian M. Hodges
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING TiiE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO-.
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.renortsfclainisOzurichnn,conj
800-626-4577
ZURICH AMERICAN INSURANCE COMPANI'
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: Thal the ZURiC}I AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the Stole of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND n corporation of the Slate of Illinois (herein collectively called the "Companies"), by
Robert D, Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of lie By -Laws of said Companies, which the
set forth on tine reverse side hereof and are hereby certified to be in fill force and effect on the date hereof, do hereby nominate, constitute,
and appoint Michael J. DOUGLAS, Connie SMiTi1, Chris STEINAGEL, Chrislopber M. KEMP, Robert DOWNEY, Kory
MORTEL and Eliot MOTU, all of Hudson, Wisconsin, its true and lawful agent and Attorney -in -Fact, to make, execute, seal mid deliver,
for, mid on its behalf as surety, and as its act mid deed: tiny and all bonds Lind undertakings, and the execution of such bonds or
undertakings In pursuance of those presents, shall be its binding upon said Companies, as filly mid amply, to all intents and purposes, as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICI-I 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 ol'Article V, Section 8, of
the By -Lucas of snid 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
FIDELPfY AND DEPOSIT COMPANY OF MARYLAND, this 27th day ofNovennber, A.D. 2019,
a`�' f�c p �, Z = ,y tip r«►
FLI ~
ATTEST:
ZURICIi AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Min -ray
Vice PresIde»I
By: Dawn C. Brown
Secrelary
State of Maryland
County of Baltimore
On this 271h day of November, A,D. 2019, before ilia subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President And Down E. brown, Secretary of the Companies, to me personally known to be (lie individunis laid officers described in and who
executed the preceding instrmenl, and ucknowtedged the execution of sank, and being by rue duly sworn, dcposeth told salth, that he/site is the said officer of
the Company uforesuid, and that the seals affixed to the preceding instrument arc the Corporate Sculs of said Companies, and (hot the said Corporate Seals and
the signature as such officer were duly n0ixed and subscribed to the said instrument by the authority laid direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Scut the clay and year first above written.
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
TO:
FROM;
SUBJECT;
i
rP
City
Oshkosh
ALL CONTRACTORS
ENGINEERING DIVISION OF
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS
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.
/ �4
Daniel Dorner
Printed Name
President
Title
Dorner Inc.
Company Name
4/1 /24
Date
I:\8ngineering\Tracy Taylor\Public Works Coniracls\Nllscellnneous\Disclosure of Ownership form2-1- Page 1 of I
17,docx
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1 130 hit p://www,cl.oshkosh.wl,us
rA
City
OfV
Oshkosh
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 Managentent Plan
included in the Specifications and will comply with the requirements of the Plan,
&a ogyt�
Name
Daniel Dorner
Printed Name
President
Title
Dorner Inc.
Company Name
4/1 /24
Date
1;\Engineering\Tracy Taylor\Public Works Contracts\Miscellaneous\Solt & Groundwater Page 1 of 1
Management Plan CertlFlcatlon_2.1-17.docs
Ciiy Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1 130 hitp://www.cl,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,
PERCENT OF
NAME OF SUBCONTRACTOR CLASS OR ITEMS OF WORK CONTRACT AMOUNT .
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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),
Fit �/ 51'
Signature of :..-
Page 19 of 22 (Revised)
CONTRACT 24-12
PROPOSAL
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
Dorner 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
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 sal statements are true and correct.
Subscribed and sworn to before me this I day of
q, LA 0,, 0" QPL QA&2)r:
Notary Public, or other authorized to administer
Signature
President
(Title, if any)
� ,,,'MuSCuNggr•,,�.
............. 20 ,
2=
X 3
(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 6 % of the total amount of the Bid, as
called for in the Official Notice to CoWractors,
Page 22 of 22 (Revised)