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HomeMy WebLinkAboutBid 25-15 Cark Bowers & SonsContract Number 25-15 JUN Z0 CITY OF OSHKOSH TT car I,-0111.IC WORKS Bond Number 5024911KOSH, WISCO Date Bond Executed (Date of Contract or Later) 6/26/2026 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) CARL BOWERS & SONS CONSTRUCTION CO INC N1844 Maloney Rd Kaukauna, WI 54130 SURETY(IES) (Legal Names) and Business Address(es)) MERCHANTS BONDING COMPANY (MUTUAL) 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 X 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 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. CARL BOWERS & SONS CONSTRUCTION CO INC MERCHANTS BONDING COMPANY (MUTUAL) Name of Principal/Contractor Name of Surety Title Gv��'�n� ��/����`✓� Title (Attorney-ln-Fact) Page 2 of 2 Bond #: 502460 MERCHANTS ril!4-k 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, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants National Bonding, Inc., (herein collectively called the 'Companies") do hereby make, constitute and appoint, individually, Kristin Boevers their true and lawful Attomey(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-Attomey is granted and Is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of the Companies. "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 o 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 authority hereby given to the Attomey-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. ways only, it is agreed that the power and authority hereby given In connection with obligations in favor of the Kentucky Department of High 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 27th day of June 2025 ®a.••.° ••••aa+uagaa o•('l.°"""„4• MERCHANTS BONDING COMPANY (MUTUAL) °• �O > AL •...• ..• C , �•, . MERCHANTS NATIONAL BONDING, INC, o®. aP0l�':A °° ,•`h•t?®(ip®R4 O° ; ��FORNyi a MERCHANTS NATIONAL INDEMNITY COMPANY • :i3i,• :Q' �4: • cj ' �D' ace`. 1933 ��;v': 2003 �: :'j'. !b ` •dv> •:`,�d; oty� .• ' fie.•' ` d.�,,_•....•'�t ®o' By ° ®.; . • ° ® a''•v......•.°• • ®. mod. • • President STATE OF IOWA COUNTY OF DALLAS as. On this 27th day of June 2025 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), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seats 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 Com antes by authority of their respective. ards of Directors, �PP t^cs Perini Miller ' O Commission Number 787952 c • My Commission Expires lowP January 20, 2027 Notary Public (Expiration of notary's commission does not Invalidate this Instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and AMERCHANTS NATIONAL TTORNEY executed by saidDCo CoTY COMPANYmpanies, s which Is till nefullforcesand effect and has notthat the above and obeenrame amended oris a true arevoked correct spy of the POWER -OF - ATTORNEY Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 27th day of June , 2025 ° 4, •• LffiJ s Zy tn:•�• ;°fit if:f Z'=i %1933 ; • ' 2003 ° %3 ; Secretary• . • .• a� POA 0018 (5/25) ci o� Oshkosh TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: SOIL AND GROUND WATER MANAGEMENT PLAN CERTIFICATION DFPT OP 13IJBLIC WORKS OSHKOSH, WISC?NSIN I certify by my signature below that our firm has read the Soil and Ground Water Management Plan included in the Specifications and will comply with the requirements of the Plan. Printed Name Title Company Name Date 1:\Engineering\Tracy Taylor\Public Works Contracts\ NscellaneouAsoil &Groundwater Management PlanCerti&ation 2-1d7.doca Page 1 of 1 City Nall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1 130 http://www,ci.oshkosh.wi.us RECEIVED CONTRACT 25-15 PROPOSAL, JUN 3 0 202 DMIT F, PUBLIC W(T The undersigned will begin work as specified after award of the Contract and I hereby certify that all statements are made in behalf of (Name of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of en i 5 G®t?.5,1"7 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 Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf; and that said statements are true and correct. Signature itle, if any) �6 Subscribed and sworn to before me this � day of e, 2095 taay Pu lic, or other authorized to administer BO BOWERS 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 21 of 21(Revised) CONTRACT 25-15 JUN 3 0 2025 ATTACHMENT A DFPT OF P'Js" Ic WORKS oSHKOSFI, w'sc0?11S1N 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 Proposed 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 PROPOSED SUBCONTRACTOR A / D; ( e "A orfti�.,%61 A5,o)vhl CLASS OR ITEMS OF WORK � ae G (e,7 L: 11:5�-r;c PERCENT OF CONTRACT AMOUNT "q /- 1. 20 /" I hereby certify that the use of the name(s) of the above Proposed Subcontractor(s) was with the knowledge and consent of the said Subcontractor(s). Srgnature of Bidder Page 18 of 21(Revised)