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HomeMy WebLinkAbout24-07 David Tenor Corp�, +�/ ® Bond Number 2565714 r ; =11 Document A310"'— 2010 Bid Bond CONTRACTOR: SURETY: (Nance, legal status and address) (Name legal status and ! 1 David Tenor Corporation prtnctpa place of business) 2759 Dewey Decker Dr West Bend Mutual Insurance Company 1900 South 18th Avenue p y ADDITIONS AND DELETIONS: The author of this document has Green Bay, WI 54313-9545 OWNER: West Bend, WI 53095 added information needed for its (Name, legal status and address) completion. The author may also have revised the text of the original City of Oshkosh AIA standard form. An Additions and 215 Church Ave Deletions Report that notes added Oshkosh, WI 54901-4747 information as well as revisions to the standard form text is available from BOND AMOUNT: $ Five Percent of the Amount Bid the author and should be reviewed. A vertical fine in the left margin of this PROJECT: document indicates where the author (Name., location or address, and Project number, if an)9 has added necessary information and where the or has added Cherry Street Reconstruction & Prospect Ave Water Main Construction deleted from the oh ginal AIA text or This document has important legal The Contractor and Surety are bound to the Owner in the amount set forth above, for the consequences. Consultation with an attorney is encouraged with respect payment of which the Contractor and Surety bind themselves, their heirs, executors, to its completion or modification. administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner Any singular reference to Contractor, accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by Surety, Owner or other party shall be considered plural where applicable, the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the atnount of this Bond, between the amount specified in said bid and larger such amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 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. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the terra Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Init. AIA Document A310TM _ 2010. Copyright ©1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA", Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximurn extent possible under the law. This document was produced by AIA t software at 08:17:00 ET on 02/21/2023 under Order No. 2114409891 vhlch expires on 02/20/2024, and is not for resale. User Notes: (1496601206) Signed and sealed this 5 day of February 12024 (Witness (Witness) David Tenor Corporation (Contractor as Principal) (Seal) (Title) David Tenor President West Bend Mutual Insurance Com '*r (Surety) (Seal) "+ �GGQQi1i rC�.CGI�yLl9'22�` � + '� ry (Title) SUSAN T , Ao ney- -Fact *OWN EM&W Init. AU1 Document A310N — 2010. Copyright ©1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AW Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA11 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA 2 t software at 08:17:00 ET on 02/21/2023 under Order No. 2114409891 which expires on 02/20/2024, and is not for resale. User Notes: (1496601206) WEST BEND A MUTUAL INSURANCE COMPANY` POWER OF ATTORNEY THE SILVER LINING® Bond NO. 2565714 Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: SUSAN LAMBERT lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Twenty Million Dollars ($20,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21S1 day of December,1999. Appointment of Attorney-ln-Fact. The president or any vice president, or- any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -In -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal maybe affixed byfacsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures orfacsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company it? the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by its secretary this 17th day of August, 2021, �411tiblSlt 1' ('. �ah { Attest Christopher C, Z garF'`, Kevin A. Steiner '. Secretary SEAL i Chid Executive Officer/President State of Wisconsin County of Washington On the 17th day of August, 2021, before me personally came Kevin A. Steiner, to me known being by duly swom, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. Matthew E. Carlton Senior Corporate Attorney Notary Public, Washington Co., WT My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 5th day of February 2024 SIR Heather Dunn Vice President — Chief Financial Officer Notice: Any questions concerning this Power of Attorney may be directed to the Bond Manager at West Bend Mutual Insurance Company. 1900 South 18th Avenue I West Bend, WI 53095 1 Phone: (608) 410-3410 1 Fax: (877) 674-2663 1 www,thesilverlining.com 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 Gc'/! c� / C 6✓U� Printed Name Title Company Name Date I: \ Engineering \ Tracy Taylur! Publ is Works Contracts\ Jliscel la ncous \ Disclosure of Chvnership Fo rm_2.1. 17.duca Page 1 of 7 City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, Wl 54903-1 130 http://www.ci.oShkosh.wi.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 ` jLA4J I Czz ,- I Street Address( or P 0 Box / ��/f City �/ //J � State /Ziiyp Cod7e 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 rlerevy state under penalty of perjury that the information, contained in this document, is true and accurate according to my knowledge and hpliaf Print the Name of Authorized Officer Authorized Officer Signature _�:��JDate 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. 0112011) CONTRACT 24-07 ATTACHMENT A LIST OF SUBCONTRACTORS ;� ��.�✓� T�,:>��a 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 �1 A� CLASS OR ITEMS OF WORK Cd,'� ch { F1'c , �- PERCENT OF CONTRACT AMOUNT al l 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 Page 19 of 22 CONTRACT 24-07 PROPOSAL The undersigned will begin work as specified after award of the Contract and ' complete as specified. PUBLIC I hereby certify that all statements are made in behalf of 0 ` O,'- , 'O N I N (Name of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of 4 /1 -.f c-pk r, L J a Partnership consisting of an individual trading as the City of State of or 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. Signature I'le J: L/ (Title, if any) Subscribed and sworn to before me this day of _ l -G ate, t Lam-:? Zp �A9 (Z,,7 ary Public, or other authorized to administer (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 -r % of the total amount of the Bid, as called for in the Official Notice to Contractors. Page 22 of 22