HomeMy WebLinkAboutBONDS- Contract Oshkosh Fire Stations 17,18 & 19 generatorBID BOND CITY OF OSHKOSH
Contract Number Bond Number 460465
Date Bond Executed (Date of Contractor Later) FGbdv a✓N jq.01+� , Zo 24
PRINCIPAL/CONTRACTOR (Legal Name and Business Address)
Folske Electrical Services LLC
4304 Cty Rd N
Oshkosh, WI 54904
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 OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
OBLIGATION
Type of Organization
❑ Individual ❑ Partnership
❑ Corporation
State of Incorporation
WZ
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 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 (h) upon delivery if delivered by priority, registered or certified mail
through the United States Postal Service; (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 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.
�Vlvc�,aw�.r Na�+oyt�� Q0*44,04, jnL
Name of Principal/Contractor Name of Surety
Title
Attorney -In -Fact
Title
Bond #: 460465
MERC,iANT'S�'
BONDING COMPANY -
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the
"Companies") do hereby make, constitute and appoint, individually,
Cayden Janse
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) 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 -of -Attorney 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 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 Attomeys-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 aut hority 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 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 29th day of February 12024
,.�•'',O ry''•++ • • • • • • • MERCHANTS BONDING COMPANY (MUTUAL)
o' P•11 q<''•. ••p\NG CO ••.
dip • MERCHANTS NATIONAL BONDING INC.
ay�'pE�pOR,� �O••. : ��oF�Pa/9q•,9y d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
v'• 2003 ; ,p :y` 1933
By
4.
STATE OF IOWA ••�'"•""•��' • • • • • •'' • President
COUNTY OF DALLAS ss.
On this 29th day of February 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..
�pFttA<s Penni Miller
z , o Commission Number 787952
• ►• My Commission Expires
IOWA January 20, 2027 otary P C
(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 hereunto set my hand and affixed the seal of the Companies on this 29th day of February 2024
0 "Y '00
• Secretary
v'• 2003 y 1933 :;y�
POA0018 (1/24) "...••'�� '••...•••
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 100401689
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other parry shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Merchants National Bonding, Inc.
Folske Electrical Services LLC 6700 Westown Parkway
4304 Cty Rd N West Des Moines Iowa 50266
Oshkosh, WI 54904
OWNER (Name and Address):
City of Oshkosh
PO Box 1130
Oshkosh, WI 54903
CONTSTRUCTI N CONTRACT
Date: Mo,ru 2.1t 2024
Amount: $248,994.00
Description (Name and Location): Oshkosh Fire Stations 17, 18 & 19 Generator Replacements
BOND
Date (Not earlier than Construction Contract Date): April
Amount: $248,994.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Folske Electrical Services LLC
Signature:
Name and Title:
(Any additional signatures appear on page 6)
3, 2024
O None
WI 1
® See Page 6
Company: (Corporate Seal)
Merchants National Bonding, Inc.
Signature: -/--
Name and Title yden Jann
Attorney-In7ac
(FOR INFORMATION ONLY— Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other
part'):
Spectrum Insurance Group LLC
4233 Southtowne Dr
Eau Claire, WI 54701
715-958-9865
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrator,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnities, and holds harmless the
Owner from all claims, demands, liens or suits by any
person or entity who furnished labor, materials or
equipment for use in the performance of the
Construction Contract, provided the Owner has
promptly notified the Contractor and the Surety (at
the address described in Paragraph 12) of any
claims, demands, liens or suits and tendered defense
of such claims, demands, liens or suits to the
Contractor and the Surety, and provided there is no
Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment,
directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12)
and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond
and, with substantial accuracy, the amount of the
claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner, within 90 days after having last per-
formed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the mater-
ials were furnished or supplied or for whom
the labor was done or performed; and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30 days,
have sent a written notice to the Surety (at the
address described in Paragraph 12) and sent
a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and
enclosing a copy of the previous written notice
furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient
compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the
basis for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the
Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy
claims, if any, under any Construction Performance Bond.
By the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to
use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall
not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond
no obligations to make payments to, give notices on
behalf of, or otherwise have obligations to Claimants
under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or
to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the work
is located or after the expiration of one year from the date
(1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the
last labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under
the Construction Contract, whichever of (1) or (2) first
occurs. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the
suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the
address shown on the signature page.
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ® AM-1984 5
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, 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. The
intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
14 Upon request by any person or entity appearing to be
a potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
1&21 raOI1--ro70161
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or
equipment for use in the performance of the Contract.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment"
that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used
in the Construction Contract, architectural and
engineering services required for performance of the
work of the Contractor and the Contractor's
subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were
furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract
Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract
or to perform and complete or comply with the other
terms thereof.
Section 6 is modified by adding section 6.3.
6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of
defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its
obligations under this Section 6, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant
incurs to recover any sums found to be due and owing to the Claimant.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Sea])
Signature: _
Name and Title:
Address:
SURETY
Company:
Signature: _
Name and Title:
Address:
(Corporate Seal)
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA®
THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORKAVE., N.W. WASHINGTON, D.C. 20006 A312-1984 6
MERCHANT
BONDING COMPANY,,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the
"Companies") do hereby make, constitute and appoint, individually,
Cayden Janse
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) 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 -of -Attorney 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 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 -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 aut hority 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 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 3rd day of April 2024
�� ``P•� A� .,� �O�....... OCA •• MERCHANTS BONDING COMPANY (MUTUAL)
` RPO%P e0:' ; O •' V�P0,9• 9 • MERCHANTS NATIONAL BONDING, INC.
!may: G� 4��; Z • ti VO �iA% d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
2003 :,�:= �y` 1933 c:
JQ;, a�1;• By
�'•�;;�•�7�����.•' • �, • • • • • President
STATE OF IOWA
COUNTY OF DALLAS ss.
On this 3rd day of April 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.
IA<s Penni Miller '~
z o v Commission Number 787952
• • My Commission Expires
IOWP. January 20, 2027 otary P0 c
(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 hereunto set my hand and affixed the seal of the Companies on this 3rd day of April 2024 .
��IOfVq• . •••--•.
a . E • • o�NG
�o,�•
:Q2 O G% I.-:_ -0- • ��
v'•, 2003 'o : y 1933 c: Secretary
POA 0018 (1/24)
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A312
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Merchants National Bonding, Inc.
Folske Electrical Services LLC 6700 Westown Parkway
4304 Cty Rd N West Des Moines Iowa 50266
Oshkosh, WI 54904
OWNER (Name and Address):
City of Oshkosh
PO Box 1130
Oshkosh, WI 54903
CONTSTRUCTION CONTRACT
Date: kgt'v� lit 20 24
Amount: $248,994.00
Description (Name and Location): Oshkosh Fire Stations 17, 18 & 19 Generator Replacements
BOND
Date (Not earlier than Construction Contract Date): April 3, 2024
Amount: $248,994.00
Modifications to this Bond: ❑ None ❑ See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Folske Electrical Services LLC Merchants National Bonding, Inc.
/--
Signature: Signature: —
Name and Title: Name and Title. ayden se
Attorney -In -Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY--- Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other
Spectrum Insurance Group LLC Party):
4233 Southtowne Dr
Eau Claire, WI 54701
715-858-9865
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C, 20006 A312-1984 1
I The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the
Surety and the Contractor shall have no obligation under
this Bond, except to participate in conferences as provided
in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10
below that the Owner is considering declaring a
Contractor Default and has requested and attempted
to arrange a conference with the Contractor and the
Surety to be held not later than fifteen days after
receipt of such notice to discuss methods of per-
forming the Construction Contract. If the Owner, the
Contractor and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the
Construction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to
declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of
Paragraph 3, the Surety shall promptly and at the Surety's
expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Con-
struction Contract itself, through its agents or through
independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction
Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with
performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in
excess of the Balance of the Contract Price incurred
by the Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
•1 After investigation, determine the amount for
which it may be liable to the Owner and, as soon
as practicable after the amount is determined,
tender payment therefore to the Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefore.
5 If the surety does not proceed as provided in Para- graph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of
an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this
Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety had denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1,4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for cor-
rection of defective work and completion of the Con-
struction Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the
Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual
damages caused by delayed performance or non-
performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract
Price shall not be reduced or set off on account of any
such unrelated obligations. No right of action shall accrue
on this Bond to any person or entity other than the Owner
or its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, inclu-
ding changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obli-
gations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default
or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to
perform its obligations under this Bond, whichever occurs
first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA Q' A3124984 2
THE AMERICAN INSTITUTE OF ARCHITECHTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, 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. The
intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
MODIFICATIONS TO THIS BOND AREAS FOLLOWS:
have been made including allowance to the
Contractor of any amounts received or to be
received by the Owner in settlement of insurance or
other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments
made to or on be- half of the Contractor under the
Construction Contract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
Signature: _
Name and Title:
Address:
(Corporate Seal)
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. s AIA ® AM-1984 3
THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006
DocuSign Envelope ID: FEE12BC6-D2A4-4967-941A-9848974C5D5E
v
a
CITY COPY
O
Oshkosh
CONTRACTOR AGREEMENT:
OSHKOSH FIRE STATIONS 17,18 & 19 GENERATOR REPLACEMENTS
CITY OF OSHKOSH
THIS AGREEMENT, made on the 271h day of MARCH, 2024, by and between the CITY OF OSHKOSH,
party of the first part, hereinafter referred to as CITY, and FOLSKE ELECTRICAL SERVICES, LLC, 4304
COUNTY HWY N, OSHKOSH, WI 54904, hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, enter into the following
agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except
where it conflicts with this agreement, in which case this agreement shall prevail.
ARTICLE I. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a part of this contract
as if herein set out verbatim, or if not attached, as if hereto attached:
A. This Instrument
B. Proposal Solicitation
C. Contractor's Proposal
In the event that any provision in any of the above component parts of this contract conflicts with any
provision in any other of the component parts, the provision in the component part first enumerated
above shall govern over any other component part which follows it numerically except as may be
otherwise specifically stated.
ARTICLE H. PROTECT MANAGER
A. Assignment of Project Manager. The.Contractor shall assign the following individual to manage
the project described in this contract:
(Erik Folske, President)
B. Changes in Project Manager. The City shall have the right to approve or disapprove of any
proposed change from the individual named above as Project Manager. The City shall be
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1 130 http://www.ci.oshkosh.wi.us
DocuSign Envelope ID: FEE12BC6-D2A4-4967-941A-9848974C5D5E
provided with a resume or other information for any proposed substitute and shall be given the
opportunity to interview that person prior to any proposed change.
ARTICLE III. CITY REPRESENTATIVE COPY
The City shall assign the following individual to manage the project described in this contract:
(MIKE BLANK, Facilities Project Coordinator)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project
titled "OSHKOSH FIRE STTIONS 17,18 & 19 GENERATOR REPLACEMENTS" dated February 9, 2024,
Addenda No. 1 & No. 2, and the contractor's bid form and materials attached as Exhibit A. If anything
in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern.
The Contractor may provide additional products and/or services if such products/services are requested
in writing by the Authorized Representative of the City.
ARTICLE V. CITY RESPONSIBLITIES
The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid
in the progress of the project, providing it is reasonably obtainable from City records.
To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other
documents and will make any authorizations necessary to proceed with work within a reasonable time
period.
ARTICLE VI. TIME OF COMPLETION
The Contractor shall perform services in the timelines as identified in the Invitation for Bids. Any
changes to completion dates must be agreed upon by both parties in writing.
ARTICLE VII. PAYMENT
A. The Contract Sum. The City shall pay to the Contractor $248,994.00, adjusted by any changes
hereafter mutually agreed upon in writing by the parties hereto.
B. Fee schedules shall be firm for the duration of this Agreement.
i. Method of Payment. The Contractor shall submit itemized monthly statements for services.
The City shall pay the Contractor within 30 calendar days after receipt of such statement. If
any statement amount is disputed, the City may withhold payment of such amount and shall
provide to Contractor a statement as to the reason(s) for withholding payment.
ii. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
amendment to this agreement executed by both parties prior to proceeding with the work
covered under the subject amendment.
DocuSign Envelope ID: FEE 12BC6-D2A4-4967-941A-9848974C5D5E
ARTICLE VIII. STANDARD PROVISIONS
PV
The CONTRACTOR agrees in all hiring or employment made possible by or s'ultin�g' from
-Mal s
g g
agreement, there will not be any discrimination against any employee or applicant or emp oyment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
ARTICLE IX. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions,
claims and demands of any kind or character whatsoever which may in any way be caused by or result
from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his
subcontractors related however remotely to the performance of this Contract or be caused or result from
any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums
including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to
pay on any such claims or demands within thirty (30) days of the date of the City's written demand for
indemnification or refund.
ARTICLE X. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional
insured. The contractor's certificate of insurance for this project is attached as Exhibit B.
ARTICLE XI. TERMINATION
C. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the
obligations under this Agreement, the City shall have the right to terminate this Agreement
by written notice to the Contractor. In this event, the Contractor shall be entitled to
compensation for any satisfactory, usable work completed.
D. For Convenience. The City may terminate this contract at any time by giving written notice
to the Contractor no later than 10 calendar days before the termination date. If the City
terminates under this paragraph, then the Contractor shall be entitled to compensation for
any satisfactory work performed to the date of termination.
This document and any specified attachments contain all terms and conditions of the Agreement and
any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated
as an amendment to this Agreement.
Signatures. By placing their signatures below, each individual affirms that the entity they represent is
authorized to enter into this Agreement, and further affirm that they are authorized by the entity they
are representing to bind their respective parties to the terms and conditions of this Agreement.
DocuSign Envelope ID: FEE1 2BC6-D2A4-4967-941 A-9848974C5D5E
APPROVED:
DocuSigned by:
42F6A3370E61498...
City Attorney
FOLSKE ELECTRICAL SERVICES LLC.
DocuSigned by: pPY
L
vt� nb�Sjt, C
By:
Erik Folske, President
CITY OF OSHKOSH
DocuSigned by:
By: ..
Mark A. Rohloff, City Manager
DocuSigned by:
EMP28M,1477P456
�9 And:
Diane Bartlett, City Clerk
I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this contract.
DocuSigned by:
ovnareGannanenr
City Comptroller
DocuSign Envelope ID: FEE12BC6-D2A4-4967-941A-9848974C5D5E
OFD —Stations 17,18 & 19 —Generator Replacements
SECTION 004113 — BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT)
To: Oshkosh City Manager
c/o City Clerk's Office, City Hall
215 Church Avenue
P:O, Box 1130
Oshkosh WI 54903-1130
Project:- OFD — Stations 17, 18 & 19 — Generator Replacements
Date: I - _� Z 41
Submitted by: 7o / S k-e Cl e r-4 '1 " al Se ri// eo Z4(
_/
(full name & address) 7 om C-y
1. OFFER
COPY
Having examined the Place of The Work and all matters referred to in the General Information, Instructions to
Bidders and the Contract Documents prepared by Hanson Design Group, LLC. for the above mentioned project, we,
the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of:
��9/7,
dollars, in lawful money of the United States of America.
We have included the security deposit as required by the Instructions to Bidders.
All applicable federal and local taxes are included in the Bid Sum.
Submitted bid is in accordance with all plans and specifications.
2. ACCEPTANCE
This offer shall be binding for thirty-five calendar days following the bid opening date, unless we, the Bidder, upon
the request of the purchasing agent, agree to an extension.
■ If this bid is accepted by the Owner within the time period stated above, we will:
Furnish the required bonds within seven days of receipt of acceptance of this bid.
■ Commence work within seven days after written acceptance of this bid.
If this bid is accepted within the'time stated, and we fail to commence the Work or we fail to provide the required
bonds, the security deposit shall be forfeited as damages to the Owner by reason of our failure, limited in amount to
the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Con-
tract is signed.
In the event our bid is not accepted within the time stated above, the required security deposit wilt be returned to the
undersigned, in accordance with the provisions of the Instructions to Bidders; unless a mutually satisfactory ar-
rangement is made for its retention and validity for an extended period of time.
BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT) 004113 - 1
DocuSign Envelope ID: FEE12BC6-D2A4-4967-941A-9848974C5D5E
OFD — Stations 17, 18 & 19 — Generator Replacements
3. CONTRACT TIME If this Bid is accepted, we will: COPY
■ ' Commence the Work by (date) F% r%
■ Complete the Work by (date)
4. CHANGES TO THE WORK
When the Designer establishes that the method of valuation for Changes in the Work will be net cost plus a percent-
age fee in accordance with General Conditions, our percentage fee shall be:
percent overhead and profit on the net cost of our own Work;
percent on the gross cost of work done by any Subcontractor.
On work deleted from the Contract, our credit to the Owner shall be the Designer approved net cost plus of
the overhead and profit percentage noted above.
5. ADDENDA
The following Addenda have been received. The modifications to the Bid Documents noted below have been con-
sidered and all costs are included in the Bid Sum.
Addendum # l Dated I Zl
Addendum # 2.. Dated ?/Z7
Addendum # Dated
Addendum # Dated
6. CONTACT INFORMATION
Please provide the following contact information for project management and the authorized person for contract
execution:
■ Project Manager assigned to project:
(name) F—r-� TO � S VOL
(email) V fro �SL%e)PCIC C- - CC)M
■ Individual authorized to execute contracts via DocuSign:
(name) I—Y'% 1� o lsiCe
(email) e-e% k( tAZ Vee�C�C�
BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT) 004113 - 2
DocuSign Envelope ID: FEE 1 2BC6-D2A4-4967-941 A-9848974C5D5E
OFD — Stations 17, 18 & 19 — Generator Replacements
7. BID FORM SIGNATURES
The Corporate Seal of COPY
FotsK'e G-, ec-ln^cGl
(Bidder — print the full name of your fmn)
Was hereunto affixed in the presence o£
iin�Q2 'F� `ice fe-s i 4 NA
(Authorized signing officer) Title)
(Seal)
(Authorized signing officer) Title)
(Seal)
If the bid is a joint venture or partnership, add additional forms of execution for each member of the joint venture in
the appropriated form or forms as above.
END OF SECTION 004113
BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT) 004113 - 3
DocuSign Envelope ID: FEE1 2BC6-D2A4-4967-941 A-9848974C5D5E
1 ADDENDUM NO.1
2
3 RE; Oshkosh Fire Stations 17,18, and 19 COPY
4 Generator Replacements
5 Oshkosh, Wisconsin
6
7 BID DUE DATE: February 20, 2024, 9:00 AM
8
9 FROM: Hanson Design Group, LLC
10 5056 Big Valley Road
11 De Pere, WI 54115
12
13 TO: Prospective Bidders
14
15 This addendum forms a part of the Contract Documents and modifies the original Contract Documents dated
16 February 9, 2024. Acknowledge receipt of this Addendum by inserting the number and issue date of this
17 addendum in the blank space provided on the Bid Form. Failure to do so may subject the Bidder to
18 disqualification. This Addendum consists of 2 (two) pages and the attached 141-pages of Owner -Purchased
19 equipment submittals.
20
21 INFORMATION CONCERNING OWNER PURCHASED EQUIPMENT
22
23 1. A copy of the Owner -Purchased equipment submittals provided by Wolter, Inc. are included with this
24 addendum.
25
26 SCHEDULING PROCEDURE FOR FOLLOW-UP SITE VISIT
27
28 1. If follow-up site visits are desired, contact Terry Smith (Phone: (920.379.2262) (email:
29 tsmithPci.oshkosh.wi.us) to schedule. Reminder — requesting clarification/answers to any issues
30 resulting from follow-up site visits are 'to be submitted to Dan Hanson via email
31 (hansondesignzi-PC@,aol.com) by noon Friday, February 23, 2024,
32
33 CHANGES TO BIDDING REQUIREMENTS:
34
35 1. None.
36
37 CHANGES TO CONDITIONS OF THE CONTRACT:
38
39 1. None.
40
41 CHANGES TO SPECIFICATIONS (DIVISIONS 2 THRU 16):
42
43 1. - None.
44
45 CHANGES TO DRAWINGS:
46
47 1. Clarification applicable to ALL three sites; contractor is responsible for sizing gas piping to serve the
48 new generator, and for maintaining gas service required to all existing gas appliances and equipment.
49 This includes, but is not limited to, changing the size of gas piping, changing gas regulator(s), etc, as
50 necessary, to existing appliances and equipment as required to maintain proper and reliable operation.
51 Following a disruption to gas service the contractor shall confirm all gas appliances and equipment are
52 operating properly after gas service is restored.
53
54 2. Clarification applicable to ALL three sites; install a traceable wire with underground gas piping; install
55 a WARNING tape over buried gas piping
56
57 3, Typical — applicable to ALL three sites: plan installation of new raceways and equipment to avoid
58 conflict with existing raceways and equipment which will remain. Relocate existing raceways and
59 equipment if necessary for installing new raceways and equipment.
Page 1 of 2
DocuSign Envelope ID: FEE12BC6-D2A4-4967-941A-9848974C5D5E
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
4. Typical— applicable to ALL three sites: replace the existing duplex receptacles at th TAT
REFRIGERATOR locations with new 20-Amp RED duplex receptacles and RED overCa OPY ple. l�a
circuit identification label to each cover plate.
5. Sheet 17-E501: Detail 26 05 00-02 - Revised Electrical System Distribution Dia am — the new solid
state circuit breaker serving New ATS-E shall be installed in Ex Panel A (Right) and ATS-E served from
this circuit breaker.
6. Sheet 18-E501: Detail 26 05 33-01 — changes reference to "TOP OFF WITH SCREENED BLACK
DIRT, SEED, AND MULCH" to "TOP OFF WITH STONE MULCH".
7. Sheet 18-E501: Detail 26 05 00-02 - Revised Electrical System Distribution Diagram — the new solid
state circuit breaker serving New ATS-G shall be installed in Ex Panel A3 and ATS-G served from this
circuit breaker.
8. Sheet 19-E100: Locate underground storm piping to avoid damage during excavation activities.
*** END OF ADDENDUM NO.1 ***
Page 2 of 2
DocuSlgn Envelope ID: FEE 128C&MA4-4967-941A-9848974C5D5E
1 ADDENDUM NO.2
2
3 RE; /Oshkosh Fire Stations 17,18, and 19 COPY
4 Generator Replacements
5 Oshkosh, Wisconsin
6
7 BID DUE DATE: March 14, 2024,10:00 AM
8
9 FROM; Hanson Design Group, LLC
10 5056 Big Valley Road
11 De Pere, WI 54115
12
13 TO: Prospective Bidders
14
15 This addendum forms a part of the Contract Documents and modifies the original Contract Documents dated
16 February 9, 2014. Acknowledge receipt of this Addendum by inserting the number and issue date of this
17 addendum in the blank space provided on the Bid Form, Failure to do so may subject the Bidder to
18 disqualification. This Addendum consists of 1 (one) page and the attached reissued drawing sheets 17-SI00,
19 18-8100,and 19-S100.
20
21 SCHEDULING PROCEDURE FOR FOLLOW-UP SITE VISIT
22
23 1. If follow-up site visits are desired, contact Terry Smith (Phone: (920.379.2262) (email:
24 tsmithQci,oshkosh.wi,us) to schedule,
25
26 CHANGES TO BIDDING REQUIREMENTS:
27
28 1, Clarification; the BID DUE DATE and TIME was incorrectly listed in Addendum No, 1, The correct
29 BID DUE DATE and TIME is March 14, 2024, 10:00 AM,
30
31 CHANGES TO CONDITIONS OF THE CONTRACT:
32
33 1. None.
34
35 CHANGES TO SPECIFICATIONS (DMSIONS 2 THRU 16):
36
37 1. None,
38
39 CHANGES TO DRAWINGS:
40
41 1, Sheet 17-S100 is reissued in its entirety. Revisions are shown "clouded" on the drawing and include
42 changing the pitch of the concrete pad around the generator and adding drainage ports in the CMU
43 enclosure,
44
45 2. Sheet 18-S100 is reissued in its entirety. Revisions are shown "clouded" on the drawing and include
46 stating the height of the generator pad, changing the pitch of the concrete pad around the generator,
47 adding drainage ports in the CMU enclosure, and clarification of scope of landscaping work.
48
49 3, Sheet 19-S100 is reissued in its entirety, Revisions are shown "clouded" on the drawing and include
50 stating the height of the generator pad, changing the pitch of the concrete pad around the generator,
51 adding drainage ports in the CMU enclosure, and clarification of scope of tree removal and lawn
52 restoration work.
53
54 *** END OF ADDENDUM NO. 1 ***
Page 1 of 1
DocuSign Envelope ID: FEE12BC6-D2A4-4967-941A-9848974C5D5E
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Urben, Jon
From: Urben, Jon COPY
Sent: Friday, March 15, 2024 3:16 PM
To: Urben,Jon
Subject: FW: Oshkosh fire stations -markup percentages -subcontractors
From: Erik Folske <erik@folskeelectric.com>
Sent: Friday, March 15, 202411:32 AM
To: Dan Hanson <hansondes1gngrp@aol.com>
Subject: Oshkosh fire stations
Dan
It was great talking this morning. See below for answers to what we went over this morning.
Bid form #4 Changed to work—
_15%_, percent overhead and profit on the net cost of our own work.
_0%_ percent on gross cost of work done by any subcontractor.
Lead times -
Block --- 7-8 weeks after order
Gear ---- 10-12 weeks, tubs would ship early to allow everything to be piped and mounted in equipment rooms
Start date-- April 5 after pre -construction meeting
Completion —August 1 .
Contractors-
Excavation/Demo/footings--- Folske Electric and Anderson Brothers
Concrete/block---Anderson Brothers
Asphalt —NE asphalt or
Gas---Folske Electric and AB&E
Fence—Folske Electric
Restoration—Folske Electric
Arc flash study —Tony @ Tech Electric
Thanks Dan.
Regards,
Erik Folske
President & Owner
DocuSign Envelope ID: FEE12BC&MA4-4967-941A-9848974C5D5E
T: 920-235-8324
E: Erik@folskeelectric.com
W: Folskeelectric.com
A: 4304 Country Rd N, Oshkosh, WI 54904 COPY
Y 1
BE SAFE: PROTECT AGAINST WIRE TRANSFER/ACH FRAUD -Please call Folske Electrical Services directly at 920-235-
8324 to confirm any requests for changing or updating our remittance account information before complying.