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HomeMy WebLinkAbout24-06 Al Dix Concrete Incff BID BOND CITY OF OSHKOSH Contract Number Date Bond Executed (Date of Contractor Latex) 1/1012024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Al Dix Concrete Inc 401 Gertrude St Kaukauna, WI 54130 SURETY(IES) (Legal Name(s) and Business Address(es)) Merchants National Bonding Inc PO Box 14498 Des Moines IA 50306-3498 OWNER (Legal Name and Business Address) CITY OF OSI IKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION Type of Organization —Individual Partnership _K Corporation State of Incorporation Wisconsin Penal. Sum of Bond 5% of bid amount 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 Ovmer 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 acid 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 IwATs 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 deerned deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. - " - Name of'rincjpal/Coritractor W?- .I Title Name of Surety (Brad Van Camp) Attorney -In -Fact Title Page 2 of 2 7!�� Bond #: 455564 E �.: ._ITS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERC CANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlbla Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby moke, constitute and appoint, individually, Brad Van Camp their true and lawful Attorney(s)-in-Fact, to sign its name as surety(les) 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 bands and undertakings required or permitted In any actions or proceedings allowed by law. This Pourer-of-Altomey 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, 2015 and adapted 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 -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal 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 hority hereby given to the Attorneon-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 consenti fig to the State of Florida Department of Transportation making payment of the filial estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond, In connectfonwith obligations In favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -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 10th day of January 12024 �,. ��d �� •r, : ., MERCHANTS BONDING COMPANY (MUTUAL) `,:`°�P ,.• '`� +' 4\: Co ... •� MERCHANTS NATIONAL BONDING, INC. p. + p�E?.�ilil�'�9�+e d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 t 1933 X+¢.�•....,..�, •. ; �``;K, +'.�6.�'ly'' �r lac `' By STATE Aj E OF IOWA '•"+e� N fPr4Stden * ; t a ° q ° e • f COUNTY OF DALLAS ss. On this 10th day of January 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn 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 Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. htrri Kim Lee Commission Nearer � {? MY Gommisuan Ecpp4es xres r Aptil1r4,2024 Nofary Public (Expiration of notary's commission does not invalidate this Instrument) I, William 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 -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have POA 0018 (10/22) hereunto set my hand and 4 t 2003 , affixed the seal of the Companies on this loth clay of • VXG Co °. a o 1933 C; s•��ij° Secretary January , 2024 . BID BOND Contract Number City Contract 24-06 -Concrete Sidewalk (New and Rehabilitation) Date Bond Executed (Date of Contract or Later) January 15, 2024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) LaLonde Contractors, Inc. 1609 Lincoln Avenue Waukesha, WI 53186 SURETY(IES) (Legal Name(s) and Business Address(es)) Swiss Re Corporate Solutions America Insurance Corporation 1200 Main Street, Suite 800 Kansas City, MO 64105 OWNER (Legal Name and Business Address) CPI'Y Oh OSI-1KOSEI 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY Off'' bHKOSH Type of Organization —individual _ Partner;slrip X Corporation State of Incorporation Wisconsin Penal Surn of Bond Five PP rrent of the Amount Bid (5%,) The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrator's, successors, and assigns to the Owner for the amount of the penal surn identified above if the Owner accepts the bid of this Contractor within the tune 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 payrnent 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 perforrn this work covered in such Bid, then Hie Surety and the Contractor shill have no obligation under this Bond. Pate t 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) hvo (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 herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. LaLonde Contractors, Inc. Swiss Re Corporate Solutions America Insurance Corporation ? T., _": Name of Principal/Contractor Name of Surety r 97., i l ¢Y X" Title Mark LaLo e, Pr sident & Secretary Title ienn�" L. Hirth, Attorney -in -Fact Page 2 of 2 SWISS RE CORPORATE SOLUTIONS SWISS RE. CORPORATE? SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PRrMIER INSURANCE CORPORATION ("SRCSPTC") WF'STPOR'T INSUIZAN('E CORPORA'E'ION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TH.LsL PRESENT'S, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each dotes hereby make, constitute and appoint: PATRICK A, NICKI3NNA, JAY A• ZAIIN, DAVID ZI`.NOBI, JENNY L, IfIRTtl, AND KA•TI IRYN A. WEIDNER JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute -scat and deliver, for and an its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surely, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY NIILL1ON (S50,000,000,00) DOLLARS This Power of Attorney is granted and is signed by IIICSlmlle under and by the authority of the following Resolutions adopted by the Boards of Director, ofboth SRCSALC and SRCSPIC at meetings duty called and held o❑ the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, :my Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTFIER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be binding: upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surely to which it is attached." ....... lr'GRtBy rrik Jnnsccu. S ni"r 1 roe i'mideni nrSUC S 11C & Seninr Vkc President . ct = of SRCSPIC & fieninr Vicr Prr_ uicnt or 1ViC ,•—i d;y�U�,>n ; to .... f By_ �.. t Gerald Jngm—hi. Via Presidenl of SWNAIC & Vice President ufSRCSPIC & Vice Presidenl o(wIC:' IN WITNESS WHEREOF. SRCSAIC, SRCSPIC, and WIC have caused their official Seals to be hereunto affixed, and these presents to be signed by their authorized officers this 1S7 clay of MARCH 20 23 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook F's] Westport Insurance Corporation On this 1ST day of MARCH 2p 23 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRC'SP1C and Senior Vice President of WIC and CG•rrld Jagf_o�sAi , Vice President of SRCSAIC and Vice ['resident of SRCSPIC and Vice President of WIC, personally known to mc, who being by me duly swum, acknowledged that they signed the above Power orAttorney m officers of and ,acknowledged said instrument to be the voluntaryact and deed of (licit respective companies. pFFlCWt QI�4Rt,$Tj= RAAN!'aC41 RIQTANY f±11H1jC, tiiAj� 9t` lilwlitl6 . .(:Otl7fii'�it7ti Frykcu Me(rdt t8 Pffii l X .` r0. rvum+SQM1tw�iG I, Icft_ y Goldberg, the duly elected Senior Viuc President and Assistant Secretary of SRCSAIC and SRCSPIC` and WIC, do hev by certify that the above and foregoing is a uuc and correct copy of a Power of Atiorncy given by said SRCSAIC and SRCSPIC and WIC. which is still in Rill fox -cc and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of tlae Companies this 15th day of January , 2024 , < = Jeffrey Goldberg, Senior Vice President &. r" Assistant SccroLu oCSRCSATC and .o; SRCSPIC and WIC r J •�, tjs n1r��: CONTRACT 24-06 PROPOSAL ek s, r° 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 M (Name of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of a Partnership consisting of _ ; or an individual trading as of the City of 6W : jf) ; 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 statern 'ts are tr re and correct. *� I Si};naturc (Title, if any) Subscribed and sworn to before me this I b Notary Public, or other authorized to administer day of -T4f\l k!D� 20 E VI5 NAEN ary Public of Wisconsin (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 % of the total amount of the Bid, as called for in the Official Notice to Contractors. Page 10 of 10 i € Ji, .. < r4 r TO: ALL CONTRACTORS FROM: EtNGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: DISCLOSURE OF OWN ERSIIII? 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 Guest V-Bid. If Ii:exn 3 on the Disclosure of Ozonerslrip form does NOT apply to your company, you must complete the information below and upload this page in the appropriate location on Ouest V-Bid. CERTIFICATION I certify by my signature below that Item 3 of the attached Disclosure of Ozvner:slrip form does NOT apply to my firm, or a shareholder, officer, or partner of my firm. Name — Mark LaLonde Printed Naive President and Secretairy------. Title. LaLonde Company Name January 15, 2024 __...... - ............... _ ._ Date f. .r�n,,i�+,:. rius, V lo!., I.rl +r'•. F'ubh�. L4or1:;. (i t�tla''.. `,1.',I �.�ni�•, �_i •:,un- I Jwnrr.�V�i+(e�am_^-I- i o, % OilyHol liClrnrl�,w<.rt�u; P.O6ox1130 Oshkmh,W15,1903-113t) State of Wisconsin Department of Workforce Development t=qual Rights Division 4 4 4 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 foram 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 NONE -- - Street Address or P O Box TCity State Zip Code --- _ - - - - - --- -- -- -- -- - L----- -----..__._...— .............. Business Name -- -- --- ---- — ------------- ............ -- -- Street Address or P O Box City State Zip Cade - - --... ------.......... ...- ..... _....... .... _... __- Business Name Street Address or P O Box - - ..._.._........_...._...._.. City _. _. ------ State Zip Code ...... � - ._...--......... ..... --------- -------- --- ------ -- ........_.._ Business Name i Street Address or P O Box City Siate zip Code I 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 Aljwlr ' _LaLo-...1.'_r �� ,ececiretarv----- Autharized%;e�q r : Date Signed Corporatioti, Partpforshro or Sole Pr( LaLonde C;ontractoi'4g. bnc-.-- Street Address or P O Box rietarship Name City State I Zip Code t'RIij-7777 (R 0Ir201 1) If you have any questions cal! 608 266-6861 CONTRACT 24-06 ATTACHMENT A LIST OF SUBCONTRACTORS 6 k ilt Pi .>..., 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, finalwaiversof 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 Fox River Landscape CLASS OR ITEMS OF WORK Restoration PERCENT OF CONTRACT AMOUNT 5.00% 0.00% 0.00% 0.00% 0.00% 0.00% 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). AV As naz zaz"O& Signature of Bidder Page 7 of 10 CONTRACT 24-Ob PROPOSAL .Chc undersigned will begin work as specified after award of the Contract and contplt te�.ras�specifit(l. I hereby certify that all statements are made in behalf of LaLonde Contractors 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 Waukesha State ot...._Wisconsin......---__..........._.....-.-.-......-------..._• 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 aUthor.ity to make such stateinents and submit this Proposal in (its) (their) behalf; and that said statemei fe ti' correct, ''GOOT AC Mari: >L oiuiSignature `4z) a< , ry President and Secretary (Title, if any) Subscribed and sworn to before me: this 15th day of January 20 24 �✓ F ab i�1ot';y I cil.�lic, or other authqJ'/ed to administer �„ o ��'°f I f>°'°®Wavasuoaaea°a 0 (Bidder should not add any conditions or qualifying stater(( dtspMll Proposal as otherwise the Proposal i-nay be declared irregular as not being responsive to the Advertisement) Accompariying this Proposal is a Bid 13oiid in the amcatint of _ Q _ "�.� of the total amount of the hid, as c.,rilled for in the Official Notice to Contractors.