HomeMy WebLinkAbout24-07 Carl Bowers & SonsBID BOND
CITY OF OSHKOSH
QC @/
Contract Number 24-07 Cherry Street Reconstruction & Prospect Avenue Water Main C 6 t siauctj6n/'!J `"
Date Bond Executed (Date of Contract or Later) � 4�� �� `� !!ATT OW I'm-
" , €;: ": .
I"I�INCIPALL,(.'ON'l'1tAC'I'OR (Legal Name and Business Address)
Carl Bowers & Sons Construction Company Inc
N1844 Maloney Rd
Kaukauna, WI 54130
SI RETY(IES) (Legal Name(s) and Business Address(es))
Merchants Bonding Company (Mutual)
F'O pax 14498
Des Moines IA 50306-3498
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Ch.urclr A.vc:nue
PC) Box 1130
Oshkosh, Wisconsin, 54903-1130
OBLIGATION
Y:ype nf'CJrganization
- lndivicival. .__._ Partnership
X C:orporatitnr
State of Incorporation
Wisconsin
Penal Sum of Band
5% of bid amount
The Contractor an.d Surety, jointly and severally, bind. themselves, their heirs, executors, administrators, sLiccessors,
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 C)wner 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 ON.vner's intent to make a claim upon this Bond.
The Surety .hereby waives any nob.ce of an agreement between the Owner and Contractor to extend the time in
which the Owner may ae��pt the Bid.
If the Contractor either enters into a contract witli Owner in accordance with the terms of the }aid and gives such
bond(s) that may be specified in the Bidding documents for the faithful performance of the Contract and f'or the
prompt payment of labor, materials, and supplies furnished for the purpose thereof; or pars 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 laid, then the. Surety and the Contractor shall have
no obligation under this Bond.
Page ]. of 2
Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person
entit'le'd to such notice, if hand delivered; or (h) two (2) business days following deposit in the Ullited 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 Sa te{ 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 requires e.lnt shall be deemed deleted herefrorn and provisions conforming to the
statutory or other legal requirement shall be deemed incorporated herein.
Name of Pril cipal,lC_'ontrador
Title
Title
Pale 2 of 2
Band #: 456832
BONDING COMPANY.
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa, dtb/a Merchants National Indemnity Company (in Califomia only) (herein collectively called the
"Companies") do hereby make, constitute and appoint, individually,
Cayden .]roust
their true and lawful Att4mey(s)-in-fact, to sign Its name as surety(lea) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written Instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of
persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law.
This Power-ofAttorney is granted and Is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2[i15 and adopted by the Board of Directors of
Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys -in -Pact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings, recogntrances, contracts of indemnity and other writings obligatory in the nature thereof."
'The signature of any authorized officer and the seat of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and out hocity hereby given to the
Attorney -in -Fact Includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to The Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it Is agreed that the power and authority hereby given
to the ANomay-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation,
In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 19th day of January 2024
k.�>gax4x lxx.4fa CO,f!!Y-r+t
00 MERCHANTS BONDING COMPANY .=°8 �' 10 ... a° , •f MERCHANTS NATIONAL BONDING, t INC. (MUTUAL)
Ci *„ f•, Cs,. F'tT,y , ;+, dlbla MERCHANTS NATIONAL INDEMNITY COMPANY
a` A ' S'j +�'�q•.'� , * � oaf .✓ '.. � t
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2003 •te�arBY
a
�xciixxxE�isi tale a.t!®se+
STATE OF iOWA President
COUNTY OF DALIAS ss.
On this i9th day of January 2024 before me appeared Larry Taylor, to me personally known, who being by me duly swam
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC,; and that the
seals affixed to the foregoing Instrument are the Corporate Seats of the Companies; and that the said instrument was signed and sealed In behalf
of the Companies by authority of their respective Boards of Direectors.
Ff
Kim Lee
Oxrres ftuaas /t;a'ta7 �) ,
:-n �pa"� ,•�j` r
April E4, 2024
ofary Public
(Expiration of notary's commission
does not invalidate this instrument)
1, Willem Warner, Jr„ Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC„ do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF,A?TORNEY executed by said Companies, which is still in full
force and affect and has not been amended or revoked.
In Wdness ►lbhereof, I have hereunto set my hand and affixed the seal of the Companies on this 19th day of January 2024 .
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2003
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Secretory
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POA 0018 00122)
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'AS I
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 OzonersItip 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.
KUL
Name
'6; // , 5
Printed Name
Title
IAI—rl Aowe-'6 *
Company Name
�. 16- 1-,7,0 -1- q
Date
It VInginetming\Tracy Taylor\ Public Works Fomt-2-1- Page I of I
17.do-
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, W1 54903-1130 http://www.cf.oshkosh.wi,us
State of Wisconsin
Department of Workforce Development
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 falling 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 flied, 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 anytime within the preceding three (3)
years.
Other Construction Business
_---------- - --------_.__.---
(Business Name NIA
____^.
Street Address or P O Box City State Zip Cade
—........._..._....... _.--............... _..... _...... _............ ----...._...-....
business Name
Street Address or P O Box
City
State
Zip Code
Business Name
Street Address or P O Box
City
State
Zip Code
Business Name
Street Address or P O Box
City
State
Zip Code
I 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
Authorized Officer Signature
ate Signed
Corporatlon, Partnership or Sole Proprietorship Name
�qrl t�o wG✓� �' �'n�.5 G��r y �'r'aeG � r �r4
Street Address or P O Bnx r jtf loney r
City K& v ha m
State
Zip Code
W
5-4,/yo
If you have any questions call (608) 266-6861
ERD-7777 (R. 01/2011)
.......----
CONTRACT 24-07
ATTACHMENT A
E xr
LIST OF 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`/0) of the original Contract amount.
Work performed by the CONTRACTOR for any Bid Item that Inad been subcontracted will not be
included towards the thirty percent (30%) calculation.
I.f. 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.
�f
t_ ;4
CLASS OR ITEMS OF WORD
�v�tc, P�✓��
PERCENT OF
CONTRACT AMOUNT
3 s `r•
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).
syj
Signature of Bidder
Page 19 of 22
CONTRACT 24-07
PROPOSAL �
(1
The undersigned will begin work as specified after award of the Contract and compl'cf�asebified, ,;,;
I hereby certify that all statements are made in behalf of
Cox✓ l 60WC15 5V14.5 "e "on 54f%Wd1"g1 '
(Name of Corporation, Partnership, or Person Submitting laid)
a corporation organized and existing under the laws of the State of 21'5o,{n ,�d ;
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.
(Title, if any)
Subscribed and sworn to before me this �h day ofe bt'aj2'v1 20
amlik ltea� ADAM CART. BOWERS
Notary Public, or other authorized to administer 1: Notary Publfc
State of Wisconsfn
(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 f- % of the total amount of the Bid, as
called for in the Official Notice to Contractors.
Page 22 of 22