Loading...
HomeMy WebLinkAbout24-12 PTS Contactors IncBID BOND CITY OF OSM(OSH P: R 6S Contract Number 24-12 Date Bond Executed (Date of Contract or Later) 4/1/24 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) PTS CONTRACTORS, INC. 4075 Eaton Road Green Bay, WI 54311 SURETY(1ES) (Legal Name(s) and Business Address(es)) LIBERTY MUTUAL INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 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 WI Penal Sum of Bond (5% of Amount Bid) The Contractor and Surety, jointly and severally, bind themselves, their hews, 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 Owners 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. PTS CONTRACTORS, INC. LIBERTY MUTUAL INSURANCE COMPANY Name of Principal/Contractor Name of Surety F? itle Steve C. Horn, Vice -President Title e11y Cody, Attorney in Fact ; 4 1 4 Page 2 of 2 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, Liberty Liberty Mutual Insurance Company MutuR The Ohio Casualty Insurance Company Certificate No: 8209723-354019 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a corporation duly organized under the laws of the Slate of New Hampshire, that Uberty Mutual insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West Amedw Insurance Company Is a corporation duly organized under the laws of the State of Indiana (herein collectively called the'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brian Krause, Kelly Cody Marc Sacia, Roxanne Jensen, Trudy A, Szalewski all of mo city Of M1lIvaukee state of W r earth malvlduauy II more De more man one nameo, Its true ano lawml auomey-ar•rac t r0 maze, execute, seal, ackn a and deliver, for an en its behalf as surety and as its act and deed, any and all undertakings, bonds, recogn'izances end other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In their on proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of April , 2023 . Uberty Mutual Insurance Company J� oJH8U JP�11 INS(,, 4P8 %Netr The Ohio Casualty Insurance Company a`p, om West American Insurance Company 1912 o 0 1919 �, 1991 0 Ydy�BsACHUS as yp� HAUP9��,yL '�,A "V010i" .iBY.b 71 -avid M_ r',arpm. AssiManl Secrelary State of PENNSYLVANIA County of MONTGOMERY On this 3rd day of April , 2023 before me personally appeared David M. Carey, who acknowledged himself tobe the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Q`L�'Ponws��� C«vnamyalhorPerrwyiva%u•NulaySral /r 7aresa Pastera, Notaq County yubc hrontgaory OF hlyowvnisScnexpiresh'arch20,2025 By y v o hlarrcu,ftwytraaAssort,$,nofNtI4s Notary Public This Paver of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American insurance Company which resolutions are now in full face and effect reading as follows: ARTICLE iV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in•fad, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, fecognizances and other surety obligations. Such aftomeys•in•fact, subject to the limitations set forth in their respective powers of afiomay, shall have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomeydn-fad under the provisions of this article may be revoked at any time by the Bored, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Xill — Execution of Contracts: Section 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomays-in•fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogn'rzances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The Presidentof the Company, acting pursuant to the Bylaws of the Company, authorizes David lit Carey, Assistant Secretary to appoint such aflomeys-fn- fact as may be necessary to ad on behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimle or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connedion with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed, 1, Renee C, tlewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insuranoo Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby cedly that the original power of attorney of which the foregoing Is a fug, true and correct copy of the Power of Attorney executed by said Cgmpahiil', Is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this / 5 day of �, hNSp ZY INS � 1NSU � � Cr � 1•'` �J�ooMok��ypixx V�J �aPogpoR9,yr^ �P�opPa��y�� t�' 1912 0 1919 1991 ~d� �sgcrasaa ��NANP=�` d� �s �NOIANP �a� By. Renee C. Llewellyn,Assistant saela �h * ►� �yl * tiN dy * 1N ry4}'..,'.. . LMS42673LMICOCICWAICMulti COOWI A r F City h l of Oshkosh ,K r TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHI<OSH 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 Ozvnersliip 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 Oznership 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 Steve C. Horn Printed Name Vice -President Title PTS Contractors, Inc, Company Name April 1, 2024 Date 1: \ Engineering \Tracy Taylor\Public Works Contracts\ Miscellaneous \DisclosureofOwnership Porn>_2-1- Page 1 of 1 17.docx City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1 130 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 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 knowledge and belief. Print the Name of Authorized Officer Authorized Officer Signature Date Signed Corporation, Partnership or Sole Proprietorship Name Street Address or P O Box City State Zip Code If you have any questions call (608) 266-6861 ERD-7777 (R. 01/2011) n,A City of j� f! Oshkosh TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: SOIL AND GROUND WATER MANAGEMENT PLAN CERTIFICATION 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. 9 N-;a`t'ne Steve C. Horn Printed Name Vice -President Title PTS Contractors, Inc. Company Name A-pril 1, 2024 Date 1:\Engincering \Tracy Taylor\ Public Works Contracts\,Nlisccllaneous\Soll & Groundwater Page 1 of 1 Management Plan Ccrflfica(iorL2-1-17.docx City Hall, 215 Church Avenue P.O.Box II30 Oshkosh, WI 54903-1130 http://WWW.Cl.oshkosh.wi.us CONTRACT 24-12 l: i ATTACHMENT A 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 retamage 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 QF SUBCONTRACTOR i 't� CLASS OR ITEMS OF WORK D `f ' PERCENT OF CONTRACT AMOUNT / d `gyp Ci. 3 7 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). Signature of Bidder Page 19 of 22 (Revised) CONTRACT 24-12 PROPOSAL'S The undersigned will begin work as specified after award of the Contract and cornplete.ps,specifned: I hereby certify that all statements are made in behalf of PTS Contractors Inc. (Name of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of Wisconsin 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 un (its) (their) behalf; and that said stat ents are true and correct. Signature Vice -President (Title, if any) Subscribed and sworn to before me this 1 day of April 20-2A—. z'•:�v�: No ary Public, or other authorized to administer 0: 0 J (Bidder should not add any conditions or qualifying stateri+iNit a#(Skhis Proposal as otherwise the Proposal may be declared irregular as not being responsive to the Advertisement.) Accompanying this Proposal is a Bid Bond iin the amount of 5 % of the total amount of the Bid, as called for in the Official Notice to Contractors. Page 22 of 22 (Revised)"