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HomeMy WebLinkAbout24-16 Fahmer Asphalt SealersContract Number 24-16 Date Bond Executed (Date of Contractor Later) March 29, 2024 PRINCIPALICONTRACTOR (Legal Name and Business Address) F'ahmer Asphalt Scalers, L.L.C. 316 Racniisch [toad Waunakee, W153597 SURETY(IES) (Legal Name(s) and Business Address(es)) Western Surety Conihany 151 North Franklin Street Chicago, IL 60606 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of Organization _ Individual — Partnership X_ Corporation State e f Incorporation WI Penal Sum of Bond Five Percent of Amount Bid (5%) 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. 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 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, `NO CORPORATE F;6mcr Asphalt Scalers, LL.C, 4FA[ tl(I(lfi ED9 Name of Principal/Contractor Title 83en izmeie ice President Western Surety Company Name of Surety SC AV Title Haley 1'lAugg, Allork-y-in-t sect Page 2 of 2 Surety Acknowledgment State of Minnesota } ss. County of ,______,,Hennepin } On this 29th day of _March 2024 , before me personally came Haley Pflug, to me known, who being by me duly sworn, did depose and say that she is the Attorney -in -Fact of Western Surety Coni an described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name to it by like order. �AAq 10iix- Notary Public =#MIOHELLE DIANE HALTER Notary Public tate of Minnesota Commission Expires anuary31, 2028 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duty organized and existing corporation having its principal office in the City of Sioux Falls, raid Suite of South Dakota, mid that it does by virtue ofthe signature and seal herein affixed hereby make, constitute and appoint Laurie Pflug, Brian D. Carpenter, Nicole Langer, Craig Olmstead, Jessica Hoff, Heather R. Goedtel, Michelle Halter, Kelly Nicole Flnghauser, Blake S. Bohlig, Trisha Kasper, Haley Pflug, Individually of Bloomington, MN, its hue and lawful Anomey(s)-in-Fact with full power and authority hereby conferred to sign, seal 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 hilly mid to the same extent us if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, arc. hereby ratified and confirmed. This Power of Attomcy is made and executed pursuant to and by authority of the By -Law and Resolutions printed on the reverse hereof, duty adopted, as indicated, by the shareholders of the corporation, In Witness Whereof, WESTERN SURI 'fY COMPANY has caused these presents to be signed by its Assistant Vice President and its corporate seal to be hereto affixed on this I lth day of April, 2023, er WESTERN SURETY COMPANY s .., y nYj I.tury Kasten, Assistant Vice President State of South Dakota ss County of Minnehalta On this I Ith day ot'April, 2023, betore me personally came Larry Kasten, to me known, who, behig by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is an Assistant Vice President of WFSTERN SURF7Y COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by die Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, mid acknowledges same to he the act and deed of said corporation ##w#„\#\#\L##S My commission expires K BENT $ s Ay nN March 2, 202Cr S v n �^ M. Bent, Notary Public CERTIFICATE t, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and fitnher certify, that the By -Law and Resolutions of the corporation printed on the reverse hereof is still in force, In testimony whereof I [rave hereunto subscribed my name mid affixed de dead of the said corporation this 29th day of March, 2024, scpc% WESTERN SURETY COMPANY �4 �a x Fonn F42.80.4-2023 Nelson, Assis(nt Secretary Go to www.cnasurety.cont > Owner / Obligee Services > Validate Bond Coverage, If you want to verify bond authenticity. Authorizing Ry-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 duty 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 appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the 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, Assistant Vice President, who has been authorized pursuant to the above Bylaw to execute power ofattorneys on behalf of Western Surety Company. This Power of Attorney may be signed by digital signature and scaled by a digital or otherwise electronic -formatted corporate 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: "RBSOLVED:'I'hat 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-formutted corporate seal, each to he considered the act and deed of the Company," TO: FROM: SUBJECT: ilOr Oshkosh ALL CONTRACTORS ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 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. Nane Ben I inzmejer Printed Name Vice Presidept Title Fahrner Asphalt Sealers, LLC Company Name 4 15/2024 Date I:\Bnglomr ing\Tracy'raylor\Public Works Contracts \ Miscellaneous \ Disclusun, of ownership Form-2-1- Page 1 of I t docx City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us CONTRACT 24-16 ATTACHMENT A 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 CLASS OR ITEMS OF WORK PERCENT OF CONTRACT AMOUNT f, '/ 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). S' tature offidder Den hinzmeier, Vice President Page 4 of 7 CONTRACT 24-16 PROPOSAL ; '{Is f 0S'HK0 Sfj, WtSCCiMN 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 Fahrner Asphalt Sealers LLC (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 the City of State of 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. �����2�i1t111tNrt��� ,,,'`'��r EVrf� `�,, Signature ©� 1 Ij I1Y• � n 13 r S. T Subscribed and sworn to before me this day of Notary ublic, or other authorized dinii ister Ben Llnzmeier, Vice President (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 7 of 7 Fahrner Asphalt Sealers, LLC Fog Seal References Owner Town of Osceola Work Type Fog Seal Project # / ID 1502551408 Project Title Fog Seal Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Todd Radatz Contact Address PO Box 216, Dresser, WI 64009 Phone / Fax # 715 755-3060 Email Address _ publicworks@townofoseeola.com County i State Polk / Wisconsin Contract Year 2023 Contract Amount $16,022.00 Owner City of Maplewood Work Type Fog Seal - Project # / ID 2312004 Pr! eot Title Myrtle Sterling Area Prime Contractor Bituminous Roadways Inc Contact Name Nick Kircher Contact Address 1520 Commerce Dr, Mendota Heights, MN 55120 Phone I Fax # 651 287-6094 Email Address kirchern@bitroads.com County / State Hennepin / Minnesota Contract Year 2023 - Contract Amount $47,804.83 Owner Villa e of indsor Work Type Fog Seal Project # l ID 1202326401 Project Title ear Road Maintenance Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Davis Clark Contact Address 4084 Mueller Rd, DeForest, WI 53532 Phone / Fax # 608 888-0066 Ext 200 Email Address dclark windsorwi. ov Count / State Dane / Wisconsin Contract Year 2023 Contract Amount $13,373.00 Owner Missaukee County Road Commission Work Type Fa Seal Project # / ID 7440505 / 408400606 14001940507 / 4002040506 / 4002140513 / 4002240512 Project Title Fog Seal Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Kelly Bekken Contact Address 1199 N Morey Rd, Lake City., MI 49651 Phone / Fax # 231 839-4361 / 231 839-5381 Email Address kelly@nlcrc-roads.com Count / State Missaukee / Michigan Contract Year 2017 / 2018 / 2019 / 2020 / 2021 / 2022 Contract Amount $411,050.17 / 134,391.00 / $136,808.92 1 $82,980.74 / $103,954.90 / $275,706.98 Owner City of Stevens Point Work Type Fog Seal Project # I ID 18-04 / 19-04 / 20-04 / 21-04 / 22-04 Project Title ear Street Seal Coating Program Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Joel Lemke Contact Address 1515 Stron s Ave, Stevens Point, WI 54481 Phone / Fax # 715 346-1561 Email Address County I State Portage / Wisconsin Contract Year 2018 / 2019 / 2020 / 2021 / 2022 Contract Amount $44,787.47 / $47,632.50 / $33,981.00 / $31,520.45 / $27,073.17 Fahrner Asphalt Sealers, LLC Fog Seal References Owner Town of Wescott Work Type Fog Seal Project # / ID 7562411 / 1501952403 / 1502062413 / 1502152407 / 1502252407 Project Title Fog Sealing Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Jason Waiters Contact Address PO Box 159, Wascott, WI 54890 Phone / Fax # 715 466-4252 Email Address County /State Douglas / Wisconsin Contract Year 2017 /2019 / 2020 / 2021 / 2022 Contract Amount $28,91237/$10,900,00 / $5,535.00 / $9,475.45 / $23,000.00 Owner Town of Sand Lake/Webster Work Type Fog Seal Project # /1D 7561408 / 508551416 / 1501961408 / 1502152410 / 1502252406 Project Title Foq Seal Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Ed Weber Contact Address PO Box 165, Webster, WI 54893 Phone/Fax # 715 225-0382 Email Address Count / State Burnett / Wisconsin Contract Year 2017 12018 / 2019 / 2021 / 2022 Contract Amount $21,945.571$10,827,41 / $3,961.96 / $10,180.00 / $10(521,00 Owner Clare County Road Commission Work Type Fog Seal Project # I ID 4001940509 / 4002040512 / 4002140515 Project Title Fog Sealing Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Al Leonard Contact Address 3900 E Mannsiding Rd, Harrison, MI 48625 Phone / Fax # 989 539-2151 Email Address aleonard@clarecro.com Count / State Clare I Michigan Contract Year 2019 / 2020 / 2021 Contract Amount $65,366.29 / $63,107,94 / $88,344.11 Owner Town of Wood River Work Type Fog Seal Project # 110 7561436 / 1502152421 / 1502252409 Project Title Pavement Maintenance Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Ra lene Swanson Contact Address 23610 N Alpha Dr, Grantsburg, WI 54840 Phone / Fax # 715 222-7899 Email Address County IState Burnett/Wisconsin Contract Year 2017 / 2021 / 2022 Contract Amount $24,270.24 / $4,840.00 / $9,614.00 Owner Village of Whiting Work Type Fog Seal Project # / ID 1102016411 Project Title Tomm 's Turkpike Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Nick Schmeiser Contact Address 3600 Water St, Stevens Point, WI 54481 Phone / Fax # 715 340-7583 Email Address nicsi;hnielser@villageofwhiting.com Count / State Aorta e / Wisconsin Contract Year 2020 Contract Amount $7,300.00 Fahrner Asphalt Sealers, LLC Fog Seal References Owner pass Lake Township Work Type Fog' Seat Project # / ID 1502052408 Project Title Fog SealingTownsht Roads Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Trult Campbell Contact Address 14412 W County Highway K. Ha rd, WI 54843 Phone / Fax # 715 634-3161 Email Address basslakehwydept@centurytink.net Count / State Sawyer / Wisconsin Contract Year 2020 Contract Amount $13,835.00 Owner Michigan Department of Transportation Work T e Fog Seal Project #YID 71071-201114 Project Title US-23/M-65 Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Kimberly Mullins Contact Address 1540 Airport Rd, Alpena, MI 49707 Phone / Fax # 989 356-2231 / 989 354-4142 Email Address mullinsk michi an. ov Count / State Alcona / Michigan Contract Year 2019 Contract Amount $1,696,363.48 Owner Michigan Deportment of Transportation Work Type Fog Seal Project # I ID 62032-201125 Project Title M-37 Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Del Klrkb Contact Address 7915 US Highway 131, Cadillac, MI 49601 Phone I Fax # 231 775-3487 Email Address kirkbyd@michigan.gov Count / State Lake, Newa o / Michigan Contract Year 2019 Contract Amount $1,354,380,50 Owner St Clair County Road Commission Work Type Fog Seal Project # / ID 7440501 Project Title Fog Sealin Prime Contractor Fahrner Asphalt Sealers LLC Contact Name William Hazelton Contact Address 21 Airport Dr, St Clair, MI 48079 Phone / Fax # 810 364 5720Y 810 364-9050 Email Address whazeiton stclaircount ,or Count / State St. Clair/ Michigan Contract Year 2017 / 2018 Contract Amount $2,942.00 / $163,843,75 Owner City of New Richmond Work Type Fog Seal Project # / ID 508551419 Project Title Fog Sealing Prime Contractor Fahrner Asphalt Sealers LLC Contact Name Jermiah Wendt Contact Address 156 E First St, New Richmond, Wl 54017 Phone / Fax # 715 246-4268 Email Address Count / State St. Croix / Wisconsin Contract Year 2018 Contract Amount $13,587.32