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HomeMy WebLinkAbout24-14 Northeast Asphalt IncContract Number 24-14 Date Bond Executed (Date of Contract or Later) 4/15/2024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) NORTHEAST ASPHALT, INC. W6380 Design Drive Greenville, WI 54942 SURETY(IES) (Legal Name(s) and Business-Address(es)). WESTERN SURETY COMPANY 151 N. Franklin Street Chicago, IL 60606 OWNER (Legal Name.and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 CITY OF OSHKOSH Type of Organization _Individual _Partnership x Corporation State of Incorporation WI Penal Sum of Bond 5% of Amount Bid -------------- OBLIGATION 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 arty 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 1 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 axising 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. NORTHEAST ASPHALT, INC. WESTEM SURETY COMPANY Name of Principal/Contractor Corporate Seal not required / ,/ pursuant to § 180.0120 3(o) 4TAlTake Brucker, Agent Name of Surety u�yrw.uuiiw (';o'ON. -A'_ �� rebA Title Kelly Cody, Attorney in Fact Page 2 of 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT IEnow All Men. By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized -and existing corporation having its principal office in the City of Sioux Pails; and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kelly Cody, Roxanne Jensen, Marc Sacia, Individually of Green Bay, Wisconsin Trudy A. Szalewski, Brian Krause, Individually of Milwaukee;, Wisconsin its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seat and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind it thereby as fully and to the same.extent as if such instruments were signed by duly authorized officer of the- corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions printed on. the reverse hereof, duly adopted, as indicated; by the shareholders of the corporation. In Witness Whereof; WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of May, 2023. WESTERN SURETY COMPANY Larry Kasten, Vicet'resident State of South Dakota ss County, ofMinnehaha On this 23rd day of May, 2623, before me personally came Larry. Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the Citylof'Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above "instrument; thathe knows the seal of said corporation,, that the seal affixedtothe said instrument is such corporate seal; thatitwas so affutcd pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto: pursuanhto like authority, and acknowledges same to be the act and deed of said corporation. My commission expires M. BENT , i HOrAnr PUBLIC SFAL l_ c SOUTH DAHOTA(R3. March 2, 2026 ........ t IvL Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of)AIESTERN SURETY COMPANY do hereby certify that the Power of Attorney here inabove set forth is still in force, and further certify that the By -Law and Resolutions of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this�j 11" day of 'rj'\et, , � �? &�;aEr ca WESTERN SURETY COMPANY g'ti Q.QORq�\q � ►'' SE'AA.��t �"'ri,IwwY L. Nelson, AssiStantSeeretary Fonn F42804-2023 Go to °' : > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and. by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may The appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company, corporate seal is notneeessary forthe.validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company. This Power of Attorney May signed by digital signature and sealed by a digital or otherwise electronic-formattedcorporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April, 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seat, each to be considered the act and deed of the Company," CERTIFICATE OF CORPORATE RESOLUTION PART OF THE MINUTES OF MEETING OF DIRECTORS RESOLVED, that Kurt Bechthold, Mark E. Filmanowicz, Brian Endres, Brian Enders, Monica Elles, Andrew Schmidt, David L. Bechthold, Charles E. Bechthold, Jon Leach, Taylor Tauer, Nicholas Ebert, Christopher Urech, Cecilia McCormack, Bridget Kraus, Peter Kozak, Ric Szalewski, John C. Bartoszek, Jon Wurzer, Steve Higgins, Jake Brucker, and Christopher J. Winiecki shall have the authority to sign all contracts for and within the State of Wisconsin and on behalf of Northeast Asphalt, Inc. I, Mark E. Filmanowicz, do hereby certify that I am the duly elected and qualified Secretary and the custodian of the records of Northeast Asphalt, Inc., a corporation organized and existing under and by virtue of the laws of the State of Wisconsin; that the foregoing is a true and correct copy of a certain resolution duly adopted at a meeting of the Board of Directors of said corporation convened and held in accordance with the law and the bylaws of said corporation on the 19' day of March 2024, and that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have signed my name this 15th day of April 2024 Murk E. Filmano icz, Secretary inc\crm\CorpResolution NEA WI,doc 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 Jake Brucker Printed Name Agent Title Northeast Asphalt Company Name 4/15/2024 Date 1:\Enginvring\TracyTaylur\Public Works Contracts \Miscullarwous\oisclosureofOwnership iorm_2-1- Page of I 17.docx City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 hiip://www.ci.osf)kosti.wl.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 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 N/A 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 771City 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 N/A Authorized Officer Signature Date Signed Corporation, Partnership or Sole Proprietorship Name Street Address or P O Box City State Zip Code If you have any questions call (608) 266-6861 ERD-7777 (R. 01/2011) CONTRACT24-14 ATTACHMENT A� { ,,j� ,) E� , j"K . 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 Martell Construction, Inc. Fox River Landscape Meltz Industries Storm Companies PERCENT OF CLASS OR ITEMS OF WORK CONTRACT AMOUNT Concrete 8% Landscape 2% Sewer 18% Traffic Control 1% 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 J"13rudw,Ao t Page 8 of 11 (Revised n2) CONTRACT 24-14 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 Northeast Asphalt (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 1 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 Subscribed and sworn to before me this 1�" day of • NOTAR (P PLIBLtG ' 2 .A • y� � _--- Notary Public, or o Or authorized to administer My Commission Expires March 15, 2026 Agent (Title, if any) 20 . (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 11 of 11 (Revised 42)