HomeMy WebLinkAbout24-08 TMI Coatings IncRECEIVED
JAN 2 9 ZOV
BID BOND CITY OF OSHKOSH
DEPT OF PUBLIC WORKS
Contract Number 24-08 - Fernau Water Tower Painting and Mixing
Date Bond Executed (Date of Contract or Later) January 24, 2024
PRINCIPAL/CONTRACTOR (Legal Name and Business Address)
TMI Coatings, Inc.
3291 Terminal Drive
St. Paul, MN 55121
SURETY(IES) (Legal Name(s) and Business Address(es))
Swiss Re Corporate Solutions America Insurance Corporation
1200 Main Street, Suite 800
Kansas City, MO 64105
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
_2L Corporation
State of Incorporation
Minnesota
Penal Sum of Bond
Five Percent of the Total 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.
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.
TMI Coatings, Inc. Swiss Re Corporate Solutions America Insurance F;orporation
Name of Principal/Contractor Name of Surety
Title Tracy WGIIorl, President T' a Joshua oft , Attorney -In -Fact
Page 2 of 2
ACKNOWLEDGEMENT OF PRINCIPAL
STATE OF Minnesota
COUNTY OF Dakota
On this )D � day of , in the year o2() , before me personally
appeared Tracy M. Gllori
President
TMI Coatings, Inc.
of
known to me to be
the person whose name is subscribed to the instrument, and acknowledge that he/she executed the same.
In WITNESS WHEREOF, I have hereunto set my hands and affixed my official seal, the day and year in
this certificate first above written.
QUELYN M. WEGT"CNotary
public-Minnemmission Expires Jan 31, 202b
STATE OF Minnesota
COUNTY OF Hennepin
Notary Publ'
My Commission Expires:
ACKNOWLEDGEMENT OF SURETY
On this 24th day of January , in the year 2024 , before me personally come(s)
Joshua R. Loftis , Attorney -in -Fact of
Swiss Re Corporate Solutions America Insurance Corporation , with whom
I am personally acquainted, and who, being by me duly sworn, says that he/she is the Attorney -in -Fact of
Swiss Re Corporate Solutions America Insurance Corporation , the company described in and
which executed the within instrument; that he/she know(s) the corporate seal of such Company; and that the seal
affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of
said Company, and that he/she signed said instrument as Attorney -in -Fact of the said Company by like order.
In WITNESS WHEREOF, I have hereunto set my hands and affixed my official seal, the day and year in
this certificate first above written.
LIN ULVEN NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan. 31, 2025
Lin Ulven , Notary Public
My Commission Expires: January 31, 2025
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC')
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
R. W. FRANK, JOSHUA R. LOFTIS, TINA L. DOMASK, ROSS S, SQUIRES, RACHEL THOMAS, NICOLE STILLINGS, SANDRA M, ENGSTRUM,
BRIAN J. OESTREICH, LIN ULVEN, EMILY WHITE, TED JORGENSEN, MELINDA C. BLODGETT, R.C. BOWMAN, COLBY WHITE, ALLISON HILL,
and NATHAN WEAVER JOINTLY OR SEVERALLY
Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of,
TWO HUNDRED MILLION ($200,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binditrR .upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
�
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$'�q+? Erik Janssens, Senior Vice President of SRCSAIC & Senior Vice Presidentl;
► } Fy„' orSRCSPIC&Senior Vice President or WIC .a.
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.4p,,;,, *',,; ,,,, Gerald Jagrowski, Vice President orSRCSAIC&Vice President otSRCSPIC yty
& Vice President or WIC
IN WrFNFSS. WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 10 day of NOVEMBER 20 22
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook ss Westport Insurance Corporation
On this 10 day of NOVEMBER , 20 22 before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
OEFlQLt,U. ,
4>q�1�Tldi1•MtiNiSGb .
rt�tLiJII$: �r8'tA�p�.
I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect.
IN WITNESS WHEREOF, [have set my hand and affixed the seals of the Companies thi 2s 4th day of January , 2024
Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
ARTICLE 5 — BID SUBMITTAL
5.01 BIDDER hereby submits this Bid through QuestCDN.com
Bidder: TMI Coati Inc.
(typed or printed name of organization)
By:
(individual's signature)
JECEMED
JAN 2 9 2024
DEPT OF PUBLIC WORKS
OSRKOSH, WISCONSIN
Name: Tracy Gliori
Title: President
Date: January 29, 2024
If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.
Attest: w`
(individual's signature)
Name: Jared Wiese
Title: Secretary
Date: January 29, 2024
Address for giving notices:
3291 Terminal Drive, St. Paul, MN 55121
Bidder's Contact and Agent for Service or Process:
Name: Tracy Gliori
Title: President
Phone: 651-452-6100
Email: tmi@tmicoatings.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
08 \ 05 \ 87
OSHKOSH - BID FORM - 5
United States of America
State of Wisconsin
DEPARTMENT OF FINANCIAL INSTITUTIONS
Division of Corporate & Consumer Services
To All to Whom These Presents Shall Come, Greeting:
I, Patti Epstein, Administrator of the Division of Corporate and Consumer Services, Department of Financial
Institutions, do hereby certify that
TMI COATINGS, INC.
is a foreign corporation or foreign limited liability company authorized or registered to transact business in
Wisconsin and that its date of qualification or registration is August 05, 1987.
I further certify that said organization has, within its most recently completed report year, filed an annual report
required under ss. 180.1622, 181.1622 or 183.0120, Wis. Stats.; that it has not applied for a certificate of
withdrawal under ss. 180.1520, 181.1520 or 183,1011, Wis. Stats.; and that it is not the subject of a proceeding
under ss. 180,1531, 181.1531 or 183.1021, Wis. Stats., to revoke its certificate of authority or registration.
o♦of
Finaq��a'
rdrP
Of Be
DFI/Corp/33
To validate the authenticity of this certificate
Visit this web address: http://www.wdfi.org/apps/ccs/verify/
Enter this code: 284256-2A4CA62F
IN TESTIMONY WHEREOF, I have hereunto set
my hand and affixed the official seal of the
Department on January 04, 2021.
PATTI EPSTEIN, Administrator
Division of Corporate and Consumer Services
Department of Financial Institutions
PAINTING &
USTORATION
CONTRACTORS
3291 Terminal Drive
St. Paul. Mlnnesola 65W
P: 651 452 6100 F: 651 452 0598
UNANIMOUS SHAREHOLDER'S AND DIRECTOR'S RESOLUTION
,�]9
TMI COATINGS, INC,
Tracy M. Gliori, the corporation's sole director, hereby adopts the following resolution for the
corporation's operation.
The following persons are elected as officers of the corporation and have the authority to bind
TMI Coatings, Inc, in signing bids, proposals, and contracts;
President
Secretary
Tracy Marie Gliori
Jared Matthew Wiese
The above resolution was adopted on January 2, 2024.
Tracy M. G to
STATE OF Minnesota
COUNTY OF Dakota
Tracy M. Gliori , being duly sworn, deposes and says that she is the
President of TMI Coatings, Inc.
Subscribed and sworn to before me this 2nd day of January , 20 24.
/ j ) A A17VIL- Mh)0jh,L-
Jacque n M. V
egerer, tary Public
Dakota County
My commission expires January 31, 2025
JACQUELYN M. WEGERER
Notary publlo-Minnesota
My commission Expires Jan 31, 2026
;,.
City
OA
Oshkosh
TO: ALL CONTRACTORS
FROM: ENGINEERING DIVISION OF
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS
SUBJECT: DISCLOSURE OF OWNERSHIP FORM
RECEIVED
JAN 2 9 2024
DEPT OF PUBLIC WORKS
OSHKOSH, 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
Tracy Gllorl
Printed Name
President
Title
TMI Coatings, Inc.
Company Name
January 29, 2024
Date
1:\Engineering\Tracy Taylor\Public Works Contracts \Miscellaneous\Disclosure of OwnersWp form_2-1- Page 1 of 1
17.clocx
Cify Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1 130 htfp://www.ci.oshkosh.wi.us
SECTION 00 54 00
SCHEDULE OF VALUES
PART 1
1.01 LINE ITEMS
RECEWFT:
JAN 2 9 2024
DEPT OF PUBLIC WORKS
OSHKOSH W►;C'ONSIN
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
Ten thousand dollars and zero cents 10,000
2, CATHODIC COVERS
Eight thousand dollars and zero cents 8,000
3. ROOF PAINTER'S RAILING
Thirty six thousand dollars and zero cents $ 36,000
4. CLEAN -OUT LINE
Sixteen thousand dollars and zero cents 16,000
5. WET INTERIOR LADDER
Fifteen thousand dollars and zero cents 15,000
6. FALL PREVENTION DEVICES
Twelve thousand dollars and zero cents 12,000
7. FALL PREVENTION DEVICES —DRY INTERIOR— MARION TANK
Twenty one thousand dollars and zero cents $ 21,000
8. FALL PREVENTION DEVICES — WET INTERIOR — MMUON TANK
Eleven thousand dollars and zero cents $ 11,000
9. FALL PREVENTION DEVICES —DRY INTERIOR— SOUTHWEST TANK -
Twenty one thousand dollars and zero cents $ 21,000
10. FALL PREVENTION DEVICES — WET INTERIOR — SOUTHWEST TANK
Eleven thousand dollars and zero cents $ 11,000
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:
OSHICOSH - SCHEDULE of VALUES - I
11. EXTERIOR REPAINT with CONTAINMENT
One million one hundred nine thousand dollars and zero cents 1,109,000
12. LETTERING AND LOGOS
Forty five thousand dollars and zero cents 45,000
13. WET INTERIOR REPAINT
Six hundred ninety thousand dollars and zero cents $ 690,000
14. DRY INTERIOR SPOT REPAINT
Sixty thousand dollars and zero cents $ 60,000
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
Thirty nine thousand dollars and zero cents $ 39,000
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
Seven thousand dollars and zero cents 7,000
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
Fifty one thousand dollars and zero cents 51,000
PROJECT TOTAL INCLUDING #1 THROUGH #17:
Two million one hundred sixty two thousand dollars and zero cents $ 2,162,000
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 snatch the total, then each individual item
will be added again, and the math corrected.
OSIMOSH - 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.
OSHICOSH - SCHEDULE of VALUES - 3
OcEftrl
JAN 2 z�24
CONTRACT 24-08 DEPrOF
OSHKOSyUW/Srp 01 N S
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 CTTY.
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
Simon Electric
Corrpro
Welding (will advise)
CLASS OR ITEMS OF WORK
Electrical
Cathodic Protection
Welding
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 Subco tractor(s).
Tracy Gliori
Signature of Bidder
Page 1 of I
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