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HomeMy WebLinkAboutBid Bond Carl Bowers & Sons 17-04RECEIVED SEB 21 2011 IC DEPS O� Pu �;1� �(jNS11`IS THE AMERICAN INSTITUTE OF ARCHITECTS OSHKOSH, A 1 Document A3 T 0 Bid Bond t3D41 Bond No.: 297206 KNOW ALL MEN BY THESE PRESENTS, that we Carl Bowers & Sons Construction Co., Inc. N1844 Maloney Road, Kaukauna, WI 54130 as Principal, hereinafter call the Principal, and Merchants Bonding Company (Mutual) P.O. Box 14498, Des Moines, Iowa 50306-3498 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Oshkosh 215 Church Ave Oshkosh WI 54903 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount Dollars ($ 5 % for the payment of which sum well and trulyto be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City Contract 17-04 NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 7th day of February 2017 XXX Carl Bowe-&-SnTMCQnstruction Co., Inc. Jf=Z('P:rinciTpa1) (Seat) (Witness) vVJY,c_. (Title) AIA UvcUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED. *THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON D.C. 20006 MERCHANT Bond #: 297206 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 (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Mary McLennan their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Fifteen Million ($15,000,000.00) Dollars 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 adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "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 authority 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 25th day of August 2015 SIOf1 MERCHANTS BONDING COMPANY (MUTUAL) �``,�p•�PO. < O ' ' Op.POR04A!*** MERCHANTS NATIONAL BONDING, INC. 4i, O 4�.0 ' 9 .2 —CID .� 0- -o- x;• .` 1933 c'c: 0 2CD3 ;y' ••. . . vd;. .ao:• By � .. • ,�• •..... JCC STATE OF IOWA ,,a•`�`, s •••• COUNTY OF Dallas ss. President On this 25th day of August 2015 before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the 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. �va'a<s WENDY WOODY > Commission Number 784654 My Commission Expires June 20, 2017 Notary Publ� , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the 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 7th day of February 2017 POA 0014 (6/15) �O.•�RPO 9 •• • rte': _ -0- 1933 o-1933 ; c; Secretary TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: DISCLOSURE OF OWNERSHIP FORM RECEIVED FEB 21 2017 DEPT" PUBLIC WORKS OSHK(-)Sll, WISCONSIN 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. Name Printed Name '1LQ Title rm'( ompany Name LD1 � Date l:\Engineering\Tracy Taylor\Public Works Contracts\Miswllaneous\Disclosure of Ownership Form_2-1- Page 1 Of 1, 17.doo City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.cl.oshkosh.wi.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. (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 l( 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 hereby state under penalty of perjury that the information, contained in this document, is true and accurate according to my knowledge and belief_ Print the Name of Authorized Officer � r% P�� Authorized O Date Signed Corporatior�Pa ner hip or Sole Proprietorship Name Z vrf ��5f 6 Street Address or F50 Box City �i State Zip Code L //< v – CJS J it -c) If you have any questions call (608) 266-6861 ERD-7777 (R. 01/2011) 0,A% city fv� Oshkosh TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: SOIL AND GROUND WATER MANAGEMENT PLAN CERTIFICATION RECEIVED FEB 2 1 2017 Dt�PT OF PUBLIC WORKS OSHKOSH, WISCONSIN I certify by my signature below that our firm has read the Soil and Ground Water Management Plait included in the Specifications and will comply with the requirements of the Plan. Name 9-t ( 'Lye Y Printed Name J,O,c 'j, K— Title C4.1 , E�,s �.Jy � �,c Company Name )WIDD Date L•\Engineering\Tracy Taylor\Public Works Contracts\ Miscellaneous\ Soil k Ground Water Page 1 of 1 Management Plan Certification « _2-1-17.do City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.Ci.oShkosh.wi.us CONTRACT 17-04 PROPOSAL RECEIVED FEB 2 12017 DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN The undersigned will begin work as specified after award of the Contract and complete as specified. certify that all statements are made in behalf of AL (Name of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of �,tJl jGcln,f 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 (Title, if any) Subscribed and sworn to before me this 1 day of 20 �Uwqg5x�'� Notary P 'c, or other authorized to administer (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 L % of the total amount of the bid, as called for in the Official Notice to Contractors. Page 21 of 21 CONTRACT 17-04 ATTACHMENT A LIST OF SUBCONTRACTORS RECEIVED FEB 2 2 2017 DEPT Of' PUBLIC WORKS OSHKOSH, WISCONSIN 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 30 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 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, shallbe 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. 1.r."Evil.���i�:l z• we� 14l 61Y cwcrej_ -U 1A W c C_ CLASS OR ITEMS OF WORK S iAf'j4/`C A 510heid: PERCENT OF CONTRACTT AMOUNT I hereby certify that the use of the name(s) of the above Siubcontractor(s) was :with the knowledge,and . consent of. the;sa(d.Subcontractor(s). ;.. Signaturl of Vidifer Page 18 of 21 (Revised)