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HomeMy WebLinkAbout24-21 August Winter & SonsBID BOND CITY OF OSHKOSH Contract Number 24-21 IS11KO.Sp, VV'SCONSI N Date Bond Executed (Date of Contract or Later) May 6, 2024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) August Winter & Sons, Inc. 2323 N. Roemer Road, PO Box 1896 Appleton, WI 54911 SURETY(IES) (Legal Name(s) and Business Address(es)) Ohio Farmers Insurance Company P.O. Box 5001 Westfield Center, OH 44251 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 X Corporation State of 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. Pagel 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. August Winter & Sons, Inc. Name of Principal/Contractor Title ` -ra\ i5 G)'eny,*r) I t .%) , r7��YC�tt f Ohio Farmers Insurance Company Name of Surety Title H ey P g, Attorgey jn-Face ear Page 2 of 2 Surety Acknowledgment State of Minnesota } } ss. County of Hennepin } On this 6th day of May 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 Ohio Farmers Insurance Company 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. Notary Public MICHELLE pIANE NotaryPublic State of ic �+ MY Co innesota mmi sion Expires January31, 2028 THIS POWER OF ATTORNEY SUPERCED£S ANY PREVIOUS POWER BEARING THIS SAME POWER N AND ISSUED PRIOR TO 01/18/23, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney POWER NO. 2263612 02 Westfield Insurance Co. Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Center, anceOhio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Com any" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having Its principal office in Westfield Center, Medina County, Ohio, do by these Presents make, constitute and appoint BRIAN D. CARPENTER, NICOLE LANGER, CRAIG OLMSTEAD, JESSICA HOFF, MICHELLE HALTER, HEATHER R. GOEDTEL, KELLY NICOLE ENGHAUSER, BLAKE S. BOHLIG, LAURIE PFLUG, HALEY PFLUG, JOINTLY OR SEVERALLY of BLOOMINGTON and State of MN its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit.. .. . . • • • • • • • • • • • .. . . . . . . . .. . . .. . . . . .. ' ' • . . ' . ' . . ' ' .. . . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE Z;DAIUMTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -In -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary." "Be It Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these Presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 18th day of JANUARY A.D., 2023 . -1.4 "' ^" WESTFIELD INSURANCE COMPANY Corporate �AsyRA#, �.0P� �ONAC ��•, �, tina Seals ��,.. sG'., WESTFIELD NATIONAL INSURANCE COMPANY Affixed � .a. c►o.,��`;, gyp}• ••'•• t� OHIO FARMERS INSURANCE COMPANY SEAL E m c t ,''4",qh„p,1p,p','`` "4gi4q,p,\••`"' ; Byi State of Ohio Gary W. tumper, Nation Surety Leader and County of Medina ss.: Senior Executive On this 18th day of JANUARY A,D., 2023 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides In Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial �Nawu�•"• Seal '''� µ1 A L S 00, Affixed ? State of Ohio : N 40 o David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: it o0 My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which Is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 6th day of May A.D., 2024 IN 07 y 'n A-?SUL SEAL `'x•1'•si�F�o���,r: /4 Sec►.ra y :64 I* Frank A. Carrino, Secretary BPOAC2 (combined) (03-22) CITY CONTRACT 24-21 SECONDARY CLARIFIERS NO. 2 AND 4 IMPROVEMENTS 'CITY OF OSHKOSH 9. BID SUBMITTAL 9.1. This Bid submitted by: If Bidder is: An Individual Name (typed or printed): By (signature): Doing business as: A Partnership Partnership Name: N/A N/A „J£1"A EAL) By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed): A Corporation August Winter & Sons, Inc. Corporation Name: (SEAL) Wisconsin State of Incorporation: Type (General $_ ss, Profession rvice,imited Liability): General Business By: ef�e!2�-�� (Signature — attach evidence of authority to sign) Name (typed or printed): Mark Eimmerman Title: President (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Date of Qualification to do business is: Since 1929, Incorporated 4/27/1953 PW/JA/C9X37801/C9X42200 BID FORM APRIL 8, 2024 0041 13 - 5 OCOPYRIGHT 2024 JACOBS CITY CONTRACT 24-21 SECONDARY CLARIFIERS NO. 2 AND 4 IMPROVEMENTS CITY OF OSHKOSH A Joint Venture Joint Venturer Name: Bv: (Signature of joint ven Name (typed or printed): _ Title: N/A — attach evidence of authority to sign) (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) 2323 N. Roemer Road Bidder's Business Address: Appleton, WI 54912 Phone No.: 920-739-8881 FAXNo.: 920-739-2230 BID SUBMITTED on May 6 20 24 Wisconsin Contractor's License No.: Master Plumber 871958, HVAC 120264 Contractor's License Class (where applicable): N/A 10. SUPPLEMENTS A. The supplements listed below, following "End of Section", are part of this specification. 1. List of Proposed Subcontractors. 2. Disclosure of Ownership. 3. Contractor Safety Acknowledgement for Risk Management Program Facilities. END OF SECTION BID FORM PW/JA/C9X37801/C9X42200 0041 13 - 6 APRIL 8, 2024 ©COPYRIGHT 2024 JACOBS City of Oshkosh Contractor Safety Acknowledgement for Risk Management Program Facilities Check the appropriate facility: Water Filtration Plant X Wastewater Treatment Plant While working at this facility, all contract personnel are expected to conduct their business within the guidelines set forth by all local, state, and federal requirements. The City of Oshkosh has the right to inspect the work site for environmental, health, and safety violations, as well as for job performance. _k : � w This facility has certain regulatory requirements to adhere to a Risk Management Program. This facilli is regulated because it stores, transfers, or processes a sufficient quantity of the following substances: "`` • Chlorine The purpose of this Checklist is to ensure the CONTRACTOR is advised of the Risk Management Program requirements for this facility and while working on, around, or involved in, a regulated process maintains the standard of safety and accident -prevention as set forth in the facility's Risk Managenient Plan (RMP). This facility's goal is to prevent any accidental releases of regulated substance(s). To do this, the person responsible for RMP compliance at this facility will, as a minimum requirement: • Make available a copy of the most current RMP to the CONTRACTOR. • Inform the CONTRACTOR of known hazards associated with completing their work at this facility. • Inform the CONTRACTOR of known hazards deemed unique to this facility or process. • Show the CONTRACTOR the location of the SIDS file or provide the CONTRACTOR with copies. • Provide the CONTRACTOR with a copy of the Emergency Response Plan. • Provide the CONTRACTOR with sufficient time and access to expertise to answer any questions. • Sign as a facility representative, and require the signature of a CONTRACTOR representative, attesting the requirements of this checklist, at a minimum, have been executed. The person responsible for RMP compliance at this facility may also, at their option, require: • A certificate of insurance from the CONTRACTOR. • The CONTRACTOR to name the facility as an additional insured on their insurance certificate. • Require the CONTRACTOR to produce copies of any paperwork, including, but not limited to, permits, training certificates, written procedures, maintenance records, etc. uponrequest. • Checking for CONTRACTOR's use of required Personal Protective Equipment, such as safety glasses, goggles, respirators, etc. • The CONTRACTOR to provide the facility with the SDS for any substance brought on site. • The CONTRACTOR to report all accidents or injuries that occur onsite within a settimeframe. • Copies of any written procedures, reports, or other documentation produced as a result of an accidental release at this facility. We hereby certify we have reviewed this information and will (or have) completed the requirements set forth above, and all work will be performed in compliance with the requirements outlined herein. 70M 9zdK 5/2/2024 (Contractor's Signature) (Date) August Winter & Sons, INC. (Company Name — Contractor) Please Print (Facility Representative's Signature) (Date) (Company Name — Facility) Please Print I:\Wastewater\24-21 WWTP Clarifiers #2 & #4I mpr\Administrative\Contract Information\Contract Book\Jacobs Documents\City Revisions\24-21 Contractor Safety Acknowledgement for Risk Management Program Facilities_4-3-24.docx Page 1 of 1 gq City Oshkosh TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: DISCLOSURE OF OWNERSHIP FORM DE' T rig y f I III t�lOR ?>l3 S' H, W ISCO N S!; , N 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. �y—z Name Travis Glennon Printed Name Assistant Secretary Title August Winter & Sons, Inc. Company Name May 6, 2024 Date 1:\Engineering\Tracy Taylor\Public Works Contracts\Miscellaneous \Disclosure of Ownership Form_2-1- 17.docx City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us Page 1 of 1 State of Wisconsin Department of Workforce Development Equal Rights Division Disclosure of Ownership The statutory authority for the use of this form is prescribed in Sections 66.0903(12)(d), 66.0904(10)(d) and 103.49(7)(d), Wisconsin Statutes. The use of this form is mandatory. The penalty for failing to complete this form is prescribed in Section 103.005(12), Wisconsin Statutes. Personal information you provide may be used for secondary purposes [Privacy Law, s. 15.04(1) (m), Wisconsin Statutes]. (1) On the date a contractor submits a bid to or completes negotiations with a state agency, local governmental unit, or developer, investor or owner on a project subject to Section 66.0903, 66.0904 or 103.49, Wisconsin Statutes, the contractor shall disclose to such state agency, local governmental unit, or developer, investor or owner, the name of any "other construction business," which the contractor, or a shareholder, officer or partner of the contractor, owns or has owned within the preceding three (3) years. (2) The term 'other construction business" means any business engaged in the erection, construction, remodeling, repairing, demolition, altering or painting and decorating of buildings, structures or facilities. It also means any business engaged in supplying mineral aggregate, or hauling excavated material or spoil as provided by Sections 66.0903(3), 66.0904(2), 103.49(2) and 103.50(2), Wisconsin Statutes. (3) This form must ONLY be filed, with the state agency project owner, local governmental unit project owner, or developer, investor or owner of a publicly funded private construction project that will be awarding the contract, if both (A) and (B) are met. (A) The contractor, or a shareholder, officer or partner of the contractor: (1) Owns at least a 25% interest in the `other construction business," indicated below, on the date the contractor submits a bid or completes negotiations; or (2) Has owned at least a 25% interest in the `other construction business" at any time within the preceding three (3) years. (B) The Wisconsin Department of Workforce Development (DWD) has determined that the `other construction business" has failed to pay the prevailing wage rate or time and one-half the required hourly basic rate of pay, for hours worked in excess of the prevailing hours of labor, to any employee at any time within the preceding three (3) years. Other Construction Business Business Name N/A Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code Business Name Street Address or P O Box City State Zip Code I hereby state under penalty of perjury that the information, contained in this document, is true and accurate accordina to mv knowled a and belief. Print the Name of Authorized Officer N/A Authorized Officer Signature Date Signed Corporation, Partnership or Sole Proprietorship Name Street Address or P O Box City State Zip Code If you have any questions call (608) 266-6861 ERD-7777 (R. 01/2011) CITY CONTRACT 24-21 SECONDARY CLARIFIERS NO. 2 AND 4 IMPROVEMENTS CITY OF OSHKOSH SECTION 00 4113.1 LIST OF PROPOSED SUBCONTRACTORS FOR U MOO, ( CITY OF OSHKOSH ; 0p gjjj r(-! �,,VOI;KS' CONTRACT 24-21 ()SHKOSH WISCONSI Name Class of Work Address & Telephone W2096 County Road KK, Kaukauna, WI 5413( R Industries Concrete & Concrete Demo 920-851-2332 END OF SECTION PW/JA/C9X37801/C9X42200 LIST OF PROPOSED SUBCONTRACTORS APRIL 9, 2024 00 41 13.1 SUPPLEMENT - I OCOPYRIGHT 2024 JACOB S