HomeMy WebLinkAbout24-20 Carl Bowers & Sons11"CEfto
JUN 17 2024 Bond #470077
BID BOND DEPT OF PUB CITY OF OSHKOSH
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Contract Number 24-20 (Storm Sewer Laterals - Various Locations)
Date Bond Executed (Date of Contract or Later) 6/17/2024
PRINCIPAL/CONTRACTOR (Legal Name and Business Address)
CARL BOWERS & SONS CONSTRUCTION COMPANY INC
N1844 Maloney Rd
Kaukauna, WI64130
SURETY(IES) (Legal Name(s) and Business Address(es))
MERCHANTS BONDING COMPANY (MUTUAL)
6700 Westown Parkway
West Des Moines, IA 50266
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
Wisconsin
Penal Sum of Bond
5% of bid amount
The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors,
and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this
Contractor within the time specified in the Bid documents or within such time period as may be agreed upon
between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business
days of written notice to the Contractor and Surety of Owner's intent to make a claim upon this Bond.
The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in
which the Owner may accept the Bid.
If the Contractor either enters into a contract with Owner in accordance with the terms of the Bid and gives such
bond(s) that may be specified in the Bidding documents for the faithful performance of the Contract and for the
prompt payment of labor, materials, and supplies furnished for the purpose thereof; or pays to the Owner the
difference between the amount specified in the Bid and such larger amount for which the 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 gurety 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.
Carl Bowers & Sons Construction Co Inc
Name of Principal/Contractor
Title �BGrB-� y
ar fi�gAyW,'tr
Merchants Bonding Company (Mutual)
Name of Surety
Title (Attorney -In -Fact)
Page 2 of 2
.MERCHANr
BONDING C O M P.A,N Y,. Bond #470077
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,
Brad Van Camp; Brian Christ; Cayden Janse; Darrel Zaleski; David R Snook; Justin Tropes; Karena Froom; Kim Syverson; Kristin Boavers; Kristine
Blaney; Linda D Covey; Lynn Hendrickson; Mary Hutson Clark; Michael L Tledt; Mike Ladwlg; Nicole Andersen; Patrick Arendt; Regina Keller
their true and lawful Attomey(s)-la-Fact, to sign Its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of
Persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law.
This Power-ofAttorney 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 out hority hereby given to the
Attomey4n-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 Attomey-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 moVeation or revocation
in Witness Whereof, the Companies have caused this Instrument to be signed and sealed this I1day of t)d
eoe♦`*��� J�q '.�.�-
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MERCHANTS BONDING COMPANY (MUTUAL)
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MERCHANTS NATIONAL BONDING, INC.
d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
a
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2003 10 F
vo °
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1933 .'4.c�. •
�d
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B
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STATE OF IOWA * `♦+ ,$ `• ®* •il Presided
COUNTY OF DALLAS ss. bsun.++a. • • r r.•
On this 1-14` day of 3U Yle., a(>abefore 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 sold instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
R4Y ft ExPiies 7 �
f �cr n i Apm]%4W
(E xplration of notary's commission does not invalidate this Instrument)
Notary Public
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 an
POA 0018 (10/22)
:�co p�P ORPj;• �yc
v°• 2003 le,
/� moo. ,•� •.,,...�
d
POA 0018 (10/22)
:�co p�P ORPj;• �yc
v°• 2003 le,
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affixed the seal of the Companies on this 17th day of June , 2024
*.*
a • Secretary
err.•,®•oN'••
MERCHANTS �
BONDING COMPANY
MERCHANTS BONDING COMPANY (MUTUAL) • P.O. BOX 14498 • DES MOINES, IOWA 50306-3498
PHONE: (800) 678-8171 • FAX: (315) 243-38S4
ADDENDUM TO BOND
This Addendum is in reference to the bond(s) to which it is attached.
Merchants Bonding Company (Mutual) ("Merchants") deems the digital or electronic image of
Merchants' corporate seal below affixed to the bond(s) to the same extent as if a raised corporate seal was
physically stamped or impressed upon the bond(s). The digital or electronic seal below shall have the same
force and effect as though manually fixed to the bond(s).
All terms of the bond(s) remain the same.
Signed and effective March 23, 2020.
MERCHANTS BONDING COMPANY (MUTUAL)
By: Azry Z,4n:
L
Taylor, President
�` 6,11
s.
city
Of
Oshkosh
TO: ALL CONTRACTORS
FROM: ENGINEERING DIVISION OF
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS
SUBJECT: DISCLOSURE OF OWNERSHIP FORM
RECEIVED
JUN 17 2o24
DEPT OF PUBLIC FORKS
OSIIKOSy WISCONOS
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.
D ll
Printed Name
SPGiPi�-o ►rt/
Title
549n.' 44��ruG�, ch
Company Name
6/2
Date
1:\Engineering\Tracy Tay] or\PubIicWorks Contracts \ Miscellaneous \DlsclosureofOwnershipForm 2-1- Page 1 of
17.dooc
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wl.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.
(I3) 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 141114
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 according to my knowledae and belief.
Print the Name of Authorized Officer F"// .gewel--�
Authorized Officer Signature
Date
Date Signed 4�/ /7�20��-/
Corporation, Partnership or Sole Proprietorship Name
Gct f/ I�c�WG/� SprJ j rI /vrG 7�ids
Street Address or P O Box
AJIg��` 11/1a104� Rood
City
ICJVk0u,��
State
L✓r
Zip Code
j'yi5v
If you have any questions call (608) 266.6861
ERD-7777 (R. 01/2011)
CONTRACT 24-20 RECEIVED
ATTACHMENT A
JUN 17 2024
LIST OF PROPOSED SUBCONTRACTORS OSPT Or"'UBLICI�,O
NKOSII, WISCO, S N
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
M
CLASS OR ITEMS OF WORK
G0,66,!T4 1P,
PERCENT OF
CONTRACT AMOUNT
2fi
2 '/,
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).
Page 9 of 12
"ECENED
CONTRACT 24-20 SUN 17 2024
PROPOSAL "En OF
OSHKOSpUBLIC WORKS
H, WISC'
The undersigned will begin work as specified after award of the Contract and complete as spPWW.
I hereby certify that all statements are made in behalf of
Gar 1 bDwG/S 4 5ah.- Goy, 5�/uc'f,►�'J
(Name of Corporation, Partnership, or Person Submitting Bid)
a corporation organized and existing under the laws of the State of IAII',) r-OnS i 4
a Partnership consisting of _ ; or
an individual trading as ; of
the City of ; State of
That I have examined and carefully prepared this Proposal from the flans 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.
(Ti'de, if any)
Subscribed and sworn to before me this day of ,1� q e 20
aa,r /A'✓ ADAM CARL BOWERS
Notary Public, or other authorized to administer Notary Public
State of Wisconsin
(Bidder should not add any conditions or qualifying statements to this Proposal as otherwise the Proposal
may be declared irregular as not being responsive to the Advertisement.)
Accompanying this Proposal is a Bid Bond in the amount of � % of the total amount of the Bid, as
called for in the Official Notice to Contractors.
Page 12 of 12