HomeMy WebLinkAbout24-08 American Suncraft IncBID BOND Y „i F CITY OF OSHKOSH
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Contract Number CITY CONTRACT 24-09 -- FERNAU WATER TOWER PAINTING AND MIXING_;
Date Bond Executed (Date of Contract or Later) January 29, 2024
PRINCIPAL/CONTRACTOR (Legal Name and Business Address)
American Suncraft Co., Inc.
10836 Schiller Road
Medway, Ohio 45341
SURETY(IES) (Legal Name(s)and Business Address(es))
Ohio Farmers Insurance Company
One Park Circle
Westfield Center. Ohio 44251
OWNER (Legal Name and Business Address)
CITY OIL OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
OBLIGATION
Tyne of Organization_
_ Individual _ Partnership
X Corporation
State of Incorporation.
Ohio
Penal Sum of Bond
Five Percent (5%) of The Total
Bid Price
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.
Ohio Farmers Insurance Company
Name of Principal/Contractor J9 tt�ti)>j;',(" Name of Surety
Title
Aid&
Title Brittany Seaborn, Attorney -in -Fact
Page 2 of 2
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 12/12/23, FOR ANY PERSON OR PERSONS NAMED BELOW.
General POWER NO. 3401942 08
Power Westfield Insurance Co,
of Attorney Westfield National Insurance Co.
CERTIFIED COPY
Ohio Farmers Insurance Co.
Westfield Center, Ohio
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 "Company" 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
THOMAS D. CASSADY, THOMAS W. CHATHAM, LINDA L. HOGLE, SUSAN A. YEAZELL, JULIE CLINE, BRITTANY SEABORN,
CATHERINE M. KRUEGER, DUSTIN STEVENS, JOINTLY OR SEVERALLY
of CINCINNATI and State of OH its true and lawful Attorneys) -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
GUARA TEE, 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)-i n- 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
seat 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 D, 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 12th day of DECEMBER A.D., 2023 .
,•,1f,41 ,+1+1,1 t..l., f,
corporate "•/ ...4......
Po ." 4•UftR� " ,++' �tONA rj��,, �� { ' , WESTFIELD INSURANCE COMPANY
Seals ��,.•• ^•.,eF �S r`�a�• oG• j' ' G'`a WESTFIELD NATIONAL INSURANCE COMPANY
Affixed�r�wr `a' :SOQz. �; phi ? 't,* - '.,r" � OHIO FARMERS INSURANCE COMPANY
1 M SEA ti _ u.. SEA
L ;T_ sm:
fit• _ =
111348
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State of Ohio """""'+ BY:
County of Medina ss.: Gary W. tumper, NationalSurety Leader and
Senior Executive
On this 12th day of DECEMBER 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 `` +phltlNp4,,"
Seal t A L ".
Affixed .......... S °�
State of Ohio s h d Jo David A. Kotnik, Attorney at Law, Notary Public
County of Medina ss.: z 4 r`,. My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
T �' O F p.•`O,
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 19th day of
January A.D•, 2024
++`a,,•�N+hI , +waurn ••'
nq
00
two SEAL �1� S, : ' z •'�,>tiaaTEaro; � t
ro m _ : �' a4 s S4Cretpry
+y, •........ g �' ' y,* ' ' +�,= Frank A. Carrino, Secretary
BPOAC2 (combined) (03-22)
Financial Reset Form
Statement Ohio Farmers Insurance Co.
Westfield Center, Ohio 44251-5001
December 31, 2022
OHIO FARMERS INSURANCE C'ONIPANI'
BALANCE SHEET
12/31/22
(ill thousands)
ASSets
Cash, easli equivalents, and Short tens invQstinents
85.650
Bonds
47-1.956
Stocks
81.433
Subsidiaries
2.367.603
Real estate
173.330
Preniiunis receivable
1=13.552
Other assets
234,766
Total assets
3.561.290
Liabilities
Reserve for unearned premiums 215.440
Reserve for inipaid losses and loss expenses 368.279
Reserve for taxes and other liabilities iS3.USi
Total liabilities — 766.60'
Surplus
Surpliis to policyholders 2.794.483
Total surplus 2.794"Is",
Total liabilities awl surplus 3,561.290
State of Ohio
ss:
County of Medina
The undersigned, being duly sworn, says: That lie is National Surety Leader - Surety Operations of Ohio
Farmers Insurance Company, Westfield Center, Ohio; that said Company is a corporation duly organized.
existing and engaged in business as a Surety Company by virtue of the Laws of the State of Ohio and
authorized to do business in the State of.........Qb!9............................. and has duly complied with
all the requirements of the laws of said State applicable to said Company and is duly qualified to act as
Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety
under the Act of Congress approved July 1947, 6 U.S.C. sec. 6-13; and that to the best of his knoNvledge
and belief the above statement is a frill. true. and correct statement of the financial condition of the said
Company on the 31st day of December, 2022.
Attest:
Frank A. Carrino
Group Legal Leader, Secretary
Sworn to before me this 8"' day of February A.D. 2023
My Commission Does Not Expire
Sec. 147.03 Ohio Revised Code
BD5402 B
Gary W. Stumper
National Surety Leader
Senior Executive
e,� lwl& '
....................... ............... ............
David A. Kotnik
Attorney at Law
Notary Public — State of Ohio
ARTICLE 5 — BID SUBMITTAL
5.01 BIDDER hereby submits this Bid through QuestCDN.com 0SIR, 'Ili h
uvlor; ep;,a
Bidder: American Suncraft Co., IInc.� o� _
By:
i�� (t3'p)3.^�" printed name of organization)
(individual's signature)
Name: Ronnie Boling, Jr.
Title: Vice President
Date: 01/27/2024
If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.
Attest: r�W
(individual's signature)
Name: Imelda Roque
Title: Project Coordinator
Date: 01/27/2024
Address for giving notices:
10836 Schiller Rd., Medway, Ohio 45341
Bidder's Contact and Agent for Service or Process:
Name:
Ronnie Boling, Jr.
Title: Vice President
Phone: 937-849-9475
Email: r.boliniz@asuncraft.com
(Email will be used for Electronic Document Transfer Protocol.)
All Business Entities
Date of Qualification to do business in Wisconsin [State Where Project is Located] is
06 \ 10 \ 2021.
OSHKOSH - BID FORM - 5
CERTIFICATE OF RESOLUTION
The undersigned, Ronnie D. Boling and Ronnie D. Boling, Jr., do hereby certify that they
are the duly elected members of the Board of Directors of American Suncraft Co., Inc., an Ohio
corporation (Corporation) whose Charter Number is 762570, and that the following resolution
was adopted by written consent of the Board of Directors of the Corporation:
RESOLVED, that Ronnie D. Boling and Ronnie D. Boling, Jr. be and they are hereby
jointly and severally authorized to represent the Corporation in all matters whatsoever,
and they are further hereby authorized to execute all documents on behalf of the
Corporation, including but not limited to, all documents necessary to complete the sale,
purchase and/or financing of any real or personal property, tangible or intangible, deeds,
affidavits, contracts, promissory notes, mortgages, releases, vouchers, checks and any
other documents that may be considered necessary for the day to day conduct of the
business of the Corporation and their signatures shall be binding on the Corporation and
be its official act and deed.
The undersigned further certifies that the above is a true and correct copy of resolution
adopted by the Corporation and that said resolution is now in full force and effect.
Executed this 29' day of December, 2020.
Ronnie D. Boling
Ronnie D. Boling, Jr.
TO: ALL CONTRACTORS
FROM: ENGINEERING DIVISION OF
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS
SUBJECT: 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 film.
Name
Ronnie Boling, f r.
Printed Name
Vice President
Title
American Suncraft Co., Inc.
Company Name
01/24/2024
Date
[.•\Engineering\Tracy1'aylor\Public Works Contracts\Miscella,ieous\Disclosure of Ownership Form_2-1• Page 1 of 1.
17.do"
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 hftp://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
N/A
Street Address or P 0 Box
City
State
Zip Code
N/A
N/A
N/A
N/A
Business Name
N/A
Street Address or P 0 Box
City
State
Zip Code
N/A
N/A
N/A
NIA
Business Name
N/A
Street Address or P 0 Box
City
State
Zip Code
N/A
N/A
N/A
N/A
Business Name
N/A
Street Address or P 0 Box
City
State
Zip Code
N/A
N/A
N/A
N/A
I hereby state under penalty of perjury that the information, contained in this document, is true and
accurate accordina to my knowledge and belief.
Print the Name of Authorized Officer
N/A
Authorized Officer Signature
Date Signed
N/A
N/A
Corporation, Partnership or Sole Proprietorship Name
NIA
Street Address or P O Box
City
State
Zip Code
N/A
N/A
I NIA
If you have any questions call (608) 266-6861
ERD-7777 (R. 01/2011)
SECTION 00 54 00
SCHEDULE OF VALUES
PART I
1.01 LINE ITEMS
t
F k ,
1[ Cts.x,S''(
A. Bidder agrees to perform all work as described in the Contract Documents, including all
labor and material for the following items — Section 05 00 00:
1. MUD VALVE
5,000.00
2. CATHODIC COVERS
1.250.00
3. ROOF PAINTER'S RAILING
12.500.00
4. CLEAN -OUT LINE
7,500.00
5. WET INTERIOR LADDER
$ 10 000.00
6. FALL PREVENTION DEVICES
$ 10 000.00
7. FALL PREVENTION DEVICES — DRY INTERIOR — MARION TANK
$10 000.00
8. FALL PREVENTION DEVICES — WET INTERIOR — MARION TANK
4.000.00
9. FALL PREVENTION DEVICES — DRY INTERIOR — SOUTHWEST TANK
$10,000.00
10. FALL PREVENTION DEVICES — WET INTERIOR — SOUTHWEST TANK
$ 4 000.00
B. Bidder agrees to perform all work as described in the Contract Documents, including all
labor and material for the following items — Section 09 00 00:
OSHKOSH - SCHEDULE of VALUES - 1
11. EXTERIOR REPAINT with CONTAINMENT
$840,000.00
12. LETTERING AND LOGOS
10,000.00
13. WET INTERIOR REPAINT
$ 360,000.00
14. DRY INTERIOR SPOT REPAINT
10,000.00
C. Bidder agrees to perform all work as described in the Contract Documents, including all
labor and material for the following items — Section 13 00 00:
15. MIXER
$ 35 000.00
D. Bidder agrees to perform all work as described in the Contract Documents, including all
labor and material for the following items — Section 16 00 00:
16. AVIATION LIGHT
5,000.00
E. Bidder agrees to perform all work as described in the Contract Documents, including all
labor and material for the following items — Section 26 00 00:
17. CATHODIC PROTECTION SYSTEM
05.000.00
PROJECT TOTAL INCLUDING #1 THROUGH #17:
$1,379,250.00
1.02 TOTALS
A. Project Total Base Bid is to match total Base Bid price supplied in Bid Form.
1.03 MISTAKES
A. Project Total of Schedule of Values paragraph should equal sum of individual items.
If the addition of individual items does not match the total, then each individual item
will be added again, and the math corrected.
OSHKOSH - SCHEDULE of VALUES - 2
B. A mistake in addition for schedule items cannot be used to increase lump sum bid. If
Bid correction results in an increased price, then Owner may request Bidder to reduce
all individual item prices proportionally, or may reject Bid.
C. Mistakes discovered after the Award, even after completion will adjust Price
downward only. It is the Bidder's responsibility to recheck prices prior to Award.
D. A mistake in the Schedule of Values may be used as evidence of error in any request
to withdraw bids because of error. Approval of request to withdraw bids is covered in
the Information for Bidders. This section is not intended to conflict with any portion
of the bid package. Approval of bid withdrawal will be based solely on the Owner's
interpretation of the severity of the mistake.
1.04 CHANGES in SCHEDULE of VALUES by OWNER
A. The Owner reserves the right to delete any line item of Part 1.01 adjusted line item;
except for coating work, at their sole discretion for any reason. All contract general
costs (mobilization, demobilization, bonds, etc.) should be evenly distributed over the
coating items which are not subject to deletion.
B. The Bidder is advised not to overload any specific deductible line item. It could
result in loss of profit if the overload item is deleted.
1.05 NON-DELETABLE WORK BEFORE and AFTER NOA
A. Any deletion of line items or increase or decrease in unit cost items deemed necessary
after the Notice of Award, will be completed through the Change Order procedure.
Prices used in the Schedule of Values will be used in the Change Order adjustment.
OSHKOSH - SCHEDULE of VALUES - 3
CONTRACT 24-08
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
Corrpro Waterworks would provide all engineering design,
Corrpro Waterworks materials, labor, equipment and supervision required for
the installation of one-athodie protection (C.P) ssystein
complete, consisting of an automatic rectifier energizing a
horizontally suspended (ice -resistant) PERMANODE
anode system.
Midwest Tank Management To furnish and install the mixer
PERCENT OF
CONTRACT AMOUNT
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).
- X-Z ell-4 01--
Signature of Bidder Ronnie Boling, Jr., Vice President
Page 1 of 1